CONCEPCION HOLY CROSS COLLEGE b.

Batas Pambansa 85
Minane, Concepcion, Tarlac c. Batas Pambansa 105
d. Batas Pambansa 965
CRIMINAL LAW AND JURISPRUDENCE
Prelim Term Examination
10. An advantageous result in the integration of correctional
1st Semester A.Y. 2022 – 2023 agencies is:
a. More physical facilities to maintain
b. More prisoners to supervise
c. Divided resources such as manpower and
Name: __________________ Date: __________ finances
Class Schedule___________ C/Y/& S:________ d. Better coordination of services and increased
Instructor: Jessa G. Gutierrez, RCrim cost-efficiency

11. It is the system or criminal procedure which is

Direction: Read and analyze the following characterized by secrecy of investigation and the
questions: option of the defense and prosecution to appeal.
a. Inquisatorial
1. To be considered an accessory, the author of the crime b. mixed
must be guilty of any of the following, EXCEPT: c. accusatorial
a. Murder d. fixed
b. Treason
c. Parricide 12. It is that system of criminal procedure which is
d. Infanticide conducted either at the initiative of the public
prosecutor or the offended party and the right to
2. The following are crimes against national security and appeal are limited to the defense and the accused
the law of nations EXCEPT one: presumed innocent.
a. Violation of neutrality a. inquisitorial
b. Rebellion b. mixed
c. Treason c. accusatorial
d. Espionage d. fixed

3. Which of the following is NOT classified as a crime 13. That law expanding the jurisdiction of the MTC,
committed by public officers? MTCC, MCTC.
a. Forgery a. R.A. 7691
b. Official breaking seal b. R.A. 8493
c. Malversation c. BP 129
d. Refusal of assistance d. R.A. 1379

4. A science involving technical knowledge about the 14. In criminal cases, what determine the jurisdiction of
traces of crime is known as: court, EXCEPT:
a. Forensic medicine a. Extent of penalty
b. Physical science b. Person accused
c. Forensic science c. territory
d. Criminalistic Technology d. subject matter
15. Sworn statement, subscribed by offended party, any
5. Inmates with heart diseases need to be treated with a peace officer of public officer in charge of
little more care than the other inmates. Which of the enforcement of the law violated filed either to the
following should NOT be done by a jail officer? court or to the office of the prosecutor.
a. Ensure that the inmates see the medical staff a. Complaint
regularly b. Pleadings
b. Ensure that the inmates comply with his c. Information
prescribed diet d. Affidavit
c. Avoid assigning strenuous jobs to the inmate
d. Prescribe the medicine to the heart-patient 16. Prescription of offense commence to run:
inmate a. Upon discovery of the crime by the offended
party or peace officers or their agent.
6. The following are aggravating circumstances EXCEPT: b. Upon filing of cases in court.
a. Movement of the offender is restricted c. Upon escape of the accused.
b. Cruelty d. Upon re-appearance of the accused
c. Adding ignominy
d. Taking advantage of superior strength 17. The following are cases covered by rules on
summary procedure, EXCEPT:
7. When taking up arms against the government was a. Where the penalty is six months
undertaken by members of the military, what law was Imprisonment
violated? Republic Act________. b. Violation of traffic laws
a. 9165 c. Violation of rental laws
b. 7610 d. Where the penalty fees not exceed six (6)
c. 6506 months imprisonment
d. 6968
18. What drugs are synthetic that stimulate the central
8. The following properties may be taken by the officer nervous system and are commonly referred to as
effecting the arrest, EXCEPT those: “uppers”?
a. That may be used for escaping a. Amphetamines
b. Used in the commission of a crime b. Naptha
c. That are within the immediate vicinity c. Barbiturates
d. Which are means of committing violence d. Diazepam

9. Which authorizes the release of a detainee who has 19. The following offense cannot be prosecuted de
undergone preventive imprisonment equivalent to the officio without a complaint first filed by the offended
maximum imposable sentence for the offense he is party, EXCEPT:
charged with? a. Rape
a. Batas Pambansa 95 b. Abduction
 c. Seduction b. Provincial and city prosecutors and their
d. Adultery and Concubinage assistants
c. Judges of the Municipal Trial Court and
20. Complaint or Information shall charge only one Municipal Circuit Trial Courts
offense. This is the rule on: d. National and Regional state prosecutors;
a. Duplicity of offense e. a and c
b. Complex crime 29. After the filing of the Complaint or Information in
c. compound crime court without a preliminary investigation within how
d. continuing crime many days an accused person upon knowing the
filing of said complaint may ask for preliminary
21. In People v. Pinzon under what Constitutional investigation?
Mandates an arresting officer should inform the a. 5 days
person to be arrested of his rights? b. 15 days
a. Art. III Sec. 12 c. 10 days
b. b.Miranda Doctrine d. 30 days
c. R.A. 7438
d. Rule 115 30. Is the taking of a person into custody in order that he
may be bound to answer for the commission of an
22. It is an Act Instituting the Comprehensive Dangerous offense.
Drugs Act of 2002, providing Funds Therefore and for a. Arrest
Other Purposes. b. Warrant
a. RA 9165 c. jurisdiction
b. RA 1956 d. Seizure
c. RA 9156
d. RA 1965 31. Validity of the warrant of arrest?
23. What is the penalty of planting of evidence in drug a. no fixed duration
incidents? b. 30 days
a. Reclusion Perpetua c. 20 days
b. Life Imprisonment d. 10 days
c. Death
d. Fine 32. Lifetime of search warrant?
a. 10 days
109. Complaint and information can be amended to b. 20 days
____ after plea and during the trial with leave of court c. 5 days
and without causing prejudice to the rights of the d. No fixed duration
accused.
a. form 33. Within how many days upon the date of execution of
b. substance and form a warrant of arrest the person charged with its
c. substance execution shall report to the court which issue such
d. none of these warrant when arrest was not been made?
a. 10 days
24. A petition for suspension of criminal action upon the b. 30 days
pendency of a prejudicial question in a civil action c. 20 days
may be filed: d. 5 days
a. before the prosecution rests
b. before arraignment 34. It refers to the ways and means of trapping and
c. before preliminary investigation capturing the law breakers in the execution of their
d. before plea criminal plan.
a. instigation
25. Is that which in a case the resolution of which is a b. investigation
logical antecedent of the issue involved therein, and c. entrapment
the cognizance of which pertains to another tribunal. d. Entertainment
a. Prejudicial question
b. inquest proceeding 35. In flagrante delicto means _____?
c. preliminary investigation a. caught in the act
d. custodial investigation b. instigation
c. caught after commission
26. Is an inquiry or proceeding to determine whether d. entrapment
there is sufficient ground to engender a well-founded
belief that a crime has been committed and the 36. When arrest may be made?
respondent is probably guilty thereof, and should be a. At any time of the day and night
held for trial. b. At day time
c. At night time
a. preliminary investigation d. from sun dust till dawn
b. inquest proceeding
c. prejudicial question 37. When making an arrest the arresting officer ____ the
d. custodial investigation warrant of arrest in his possession?
a. Need not have
27. Preliminary investigation is conducted on cases b. Should always have
punishable by: c. may sometime have
a. at least four (4) years, two (2) months and d. need to have
one (1) day
b. more than four years, two months and one 38. It refers to the questioning initiated by law
day enforcement officer after a person has been taken
c. less than four years, two months and one into custody.
day a. custodial investigation
d. six years, one day and above b. inquest
c. interview
28. The following persons are authorized to conduct d. interrogation
preliminary investigation, EXCEPT:
a. Judges or Metropolitan Trial Court 39. Under what circumstances arrest can be made even
without a warrant?
 a. When the crime was committed in the 48. Bail shall automatically be cancelled upon:
presence of the arresting officer. a. acquittal of the accused
b. When the crime was in fact been committed b. execution of the judgment of conviction
and there is personal knowledge based on c. dismissal of the case
probable cause that the person to be d. all of the choices
arrested has committed it.
c. When the person to be arrested is an 49. It is the rule which states that if the inculpatory facts
escapees. and circumstances are capable of two or more
d. All of the choices interpretation, one which is consistent with the
innocence of the accused and the other consistent
40. It is a security given for the temporary release of a with his guilt, or they are evenly balanced. The
person in custody of the law. constitutional presumption of innocence should tilt
a. Bail the scale in favor of the accused and he must be
b. parole acquitted.
c. fine a. Equipoise rule
d. conditional pardon b. Presumption of guilt
c. Hornbook doctrine
41. Trial _____ may proceed in case the accused person d. due process of law
failed to appear at the trial without justification and
despite due notice. 50. Refers to the counsel provided by the government to
a. In absentia assist destitute litigant?
b. in flagrante de licto a. Counsel de officio
c. on the merits b. counsel de parte
d. none of these c. Public Attorney’s Office
d. National Prosecution Office
42. When Bail is a matter of right?
a. Before or after conviction by the 51. It is a process directed to a person requiring him to
Metropolitan, Municipal or Municipal Circuit attend and to testify or to bring with him any books
trial court. or documents under his control at the trial of an
b. Upon conviction by the Regional Trial Court action.
c. before conviction by the Regional Trial Court a. subpoena
d. upon preliminary investigation b. subpoena ducestecum

43. Bail is a matter of right under the constitution, c. subpoena ad testificandum

EXCEPT: d. d. warrant of arrest
a. crime punishable by reclusion perpetua to
death 52. Unless shorter period is provided by special law or
b. crime punishable by life imprisonment Supreme Court Circular, the arraignment shall be
c. crimes punishable by death held within ___ days from the date the court acquires
d. crime punishable by reclusion perpetua or jurisdiction over the person of the accused.
life imprisonment when evidence of guilt is a. 30 days
strong b. 10 days
c. 15 days
44. When bail is a discretionary? d. 5 days
a. Upon conviction by the RTC not punishable
by reclusion perpetua or life imprisonment. 53. If an accused person who refuses to plead, a plea of
b. Upon conviction by the RTC exceeding 6 ___ shall be entered.
years but not more than 20 years who is a a. Not guilty
recidivist. b. admission by silence
c. Upon conviction by the RTC exceeding 6 c. guilty
years but not more than 20 years when d. none
there is undue risk that he may commit
another crime during the pendency of the 54. When reception of evidence is necessary under the
appeal. following circumstances:
d. Upon conviction by the RTC exceeding 6 a. Plea of guilty to lesser offense
years but not more than 20 years who has b. plea of guilty to capital offense
previously escaped from legal confinement. c. Plea of guilty to non-capital offense
d. all of these
45. Is an offense which, under the existing law at the
time of its commission and at the time of the 55. When the complaint is vague, the accused may file a
application for admission to bail may be punished motion alleging among others the defect of the
with death. complaint or information and the details desired in
a. capital offense order to enable him to properly answer and prepare
b. less grave for trial. This motion is known as:
c. heinous crime a. motion for bill of particular
d. grave felony b. motion for clarification
c. motion to dismiss
46. The following are kinds of bail, EXCEPT: d. motion for postponement
a. Property Bond
b. Cash Bond 56. Upon motion of the proper party, arraignment shall
c. Corporate surety bond be suspended on the following grounds:
d. Recognizance a. The accused appears to be suffering from
e. None of the choices unsound mental condition.
b. There exist a prejudicial question.
47. When the maximum penalty to which the accused c. c. A petition for review of the resolution of
may be sentenced is destierro, he shall be released the prosecutor is pending either at the DOJ
after ____ of preventive imprisonment. or office of the President .
a. 30 days d. All of the choices
b. 20 days
c. 15 days 57. A move for the annulment of the criminal charge
d. 60 days made by an accused is:
 a. Motion to quash b. Emotional security items
b. nolleprosequi c. support
c. Motion to dismiss d. none of these
d. bill of particulars
68. It is a type of a question that can be allowed in all
58. It is the loss by the state of the right to prosecute stages of examination of a child, if the same will
and punish or the termination of the power to further the interest of justice.
prosecute or punish the offender after the lapse of a. leading questions
certain definite period from the commission of the b. relevant
offense. c. misleading
a. Prescription of crime d. Narrative
b. acquisitive
c. prescription of penalty 69. Which of the following is a ground for discharge of an
d. extinctive accused to be state witness:
a. there is absolute necessity for the testimony
59. It is one of the grounds for motion to quash. It is the of the accused.
danger of being prosecuted for the same offense for b. said accused does not appear to be the most
the second time. guilty
a. double jeopardy c. said accused has not been convicted of a
b. double trial crime involving moral turpitude/
c. double trouble d. all of the choices
d. double counter
70. After the prosecution rest its case, the accused
60. Provisional dismissal of offense punishable by person may move for the dismissal of the case on:
imprisonment not exceeding six years or a fine of a. on its own initiative after giving the
any amount or both shall become permanent after prosecution an opportunity to be heard.
____. b. Demurrer to evidence
a. one year c. motion for reconsideration
b. 2 years d. motion for new trial
c. 5 years
d. d. 4 years 71. It is the judicial examination and determination of
the issue in an action or proceeding, civil or criminal.
61. Within how many days after arraignment and from a. pre-trial
the date the court acquires jurisdiction over the b. trial
person of the accused shall order a pre-trial c. plea bargaining
conference? d. Judgment
a. 30 days
b. 15 days 72. Is the adjudication by the court that the accused is
c. 20 days guilty or not guilty of the offense charged and the
d. d. 60 days imposition of the proper penalty and civil liability.
a. judgment
62. How many days are given to an accused person to b. rendition of judgment
prepare for trial after a plea of not guilty is entered? c. promulgation of judgment
a. 15 days d. conviction
b. 20 days
c. 30 days 73. It is the degree of proof which does not excluding
d. 180 days the possibility of error, produces absolute certain.
Moral certainty only is required.
63. The trial of a case shall commence with ___ days a. acquittal
from receipt of the pre-trial order? b. Proof beyond reasonable doubt
a. 30 days c. clear and convincing
b. 15 days d. preponderance of evidence
c. 20 days
d. 60 days 74. It is the finding of not guilty based on merits or that
the evidence does not show that his guilt is proof
64. The trial court have how many days from the first beyond reasonable doubt.
day of trial to terminate the same? a. dismissal
a. 60 days b. conviction
b. 365 days c. acquittal
c. 180 days d. judgment
d. 150 days
75. Judgment becomes final when?
65. The trial of a case can be made in absentia except a. the period for perfecting an appeal lapse.
on the following circumstances: b. when the sentence is partially of totally
a. at the arraignment and plea satisfied or served.
b. during the trial whenever necessary for c. when the accused waived in writing his right
identification purposes to appeal.
c. at the promulgation of sentence, unless for a d. when he appealed for probation
light offense e. all of the choices
d. all of the choices
76. Which of the following cannot be filed after
66. The order of trial is: judgment of conviction becomes final.
a. Prosecution, accused, rebuttal and a. Motion for new trial
surrebattal b. Motion for reconsideration
b. Prosecution, cross, redirect, re-cross c. Motion to dismiss
c. Direct, cross, re-cross, re direct d. All of these
d. Direct, cross, rebuttal, and surrebattal
77. Who represents the State in an action for appeal?
67. Refers to items such as dolls, puppets, drawings, a. prosecutor
mannequins or any other appropriate demonstrative b. Secretary of DOJ
device to assist him in testimony. c. appellant
a. Testimonial aids d. Solicitor General
 d. Firearm
78. The party appealing the case shall be called?
a. appellant 89. When search must be made?
b. accused a. in the day time
c. Appellee b. only during sunrise
d. Defendant c. any time of the day and night
d. in the presence of two witnesses
79. It refers to the geographical division or territorial
limit where the power of the court is exercised and 90. In a criminal case, the People of the Philippines is the
which is jurisdictional in criminal case. ____?
a. Venue a. Plaintiff
b. Jurisprudence b. offended party
c. jurisdiction c. defendant
d. court d. Respondent

80. It is the authority to hear or try a case for the first 91. A complaint or information have the same legal
instance. content, however, they differ as to who subscribe to
a. Original jurisdiction it, who subscribe an information?
b. Exclusive jurisdiction a. Accused
c. concurrent jurisdiction b. Prosecutor
d. appellate jurisdiction c. Witness
d. Victim
81. It is the sole authority to hear cases to the exclusion
of the others. 92. Pursuant to Section 2 of Rule 112 of the Rules of
a. Original jurisdiction Court, the following officers are authorized to
b. Exclusive jurisdiction conduct preliminary investigation except?
c. appellate jurisdiction a. Provincial and City Prosecutor
d. concurrent jurisdiction b. Judge MTC/MCTC
c. Regional State Prosecutor
82. It is the system or criminal procedure which is d. Public Attorney’s office
characterized by secrecy of investigation and the e. b and d
option of the defense and prosecution to appeal.
a. Inquisitorial 93. An Special Law which defines certain rights of
b. mixed accused, detained or under custodial investigation
c. accusatorial as well as duties of the arresting detailing and
d. fixed investigation officer.
a. R.A. 7438
83. It is that system of criminal procedure which is b. R.A. 7348
conducted either at the initiative of the public c. R.A. 7834
prosecutor or the offended party and the right to d. d. R.A. 3478
appeal are limited to the defense and the accused is
innocent. 94. Under the Rule 115 of the Rules of Court, an accused
a. inquisitorial cannot be compelled to be a witness against himself.
b. mixed This principle also known as:
c. accusatorial a. rights against illegal arrest
d. fixed b. the right to presume innocent
c. rights against self- incrimination
84. In criminal cases, what determine the jurisdiction of d. right to live
court, EXCEPT:
a. Extent of penalty 95. Under the Rules on Summary Procedures, the
b. Person accused following pleading are prohibited except:
c. territory a. motion to quash
d. subject matter b. bill of particular
c. answer
85. Sworn statement, subscribed by offended party, any d. demurred to evidence
peace officer of public officer in charge of
enforcement of the law violated filed either to the 96. The following cases committed by public official with
court or to the office of the prosecutor. salary grade 27 and above fall under the exclusive
a. Complaint jurisdiction of the Sandiganbayan, Except:
b. Pleadings Section a. Crimes committed in violation of Act 3019,
c. Information R.A. 1379 and section 2, chapter 2, title VII,
d. Affidavit Book two of the RPC
b. Civil and criminal cases filed pursuant to and
86. Prescription of offense commences to run: in connection with executive order nos. 1, 2,
a. Upon discovery of the crime by the offended 14 and 14-A.
party or peace officers or their agent. c. Crimes committed by public official in
b. Upon filing of cases in court. relation to their office.
c. Upon escape of the accused. d. None of the choices
d. Upon re-appearance of the accused
97. It is the law which classifies rape from crime against
87. When an appeal shall be taken? chastity to crimes against person, making crime
a. within 10 days prosecutable even without a complaint filed the
b. within 30 days offender party?
c. within 15 days a. R.A. 8353
d. within 5 days b. R.A. 9283
c. R.A. 8493
88. Property subject of search and seizure, EXCEPT? d. d. R.A. 7055
a. Subject of the offense
b. Stolen or embezzled and other proceeds or 98. Civil liability arising from the offense charged is
fruits of the offense deemed instituted upon the filing of criminal action
c. Used or intended to be used as the means of in court as provided by Rule 111 of Rules of Court.
committing an offense
 In what instances can a civil action for recovery of 107. P.D. 1508 is repealed by the Local government
civil liability can be separated? Code of 1991. Under the said code, the Lupon of
a. When the offended party waives the civil each barangay shall have authority to bring together
action; the parties actually residing in the same city or
b. When the offended party reserves his right municipality for amicable settlement where the
to institute the civil action; offense committed is punishable by imprisonment
c. When the institution of the civil action is exceeding one (1) year. This statement is:
made prior to the criminal action.
d. all of the choices a. absolutely true
b. partly true
99. What is the effect of death of the accused in civil c. absolutely false
actions? d. partly false
a. It extinguishes the civil liability arising from
delict. 108. In Metropolitan Trial Court, the complaint is filed
b. Independent civil action instituted may be with the:
continued against the estate or legal a. Office of the President
representative of the accused. b. Office of the Clerk of Court
c. If the accused dies before arraignment, the c. Office of the Prosecutor
case shall be dismissed without prejudice to d. Office of the Ombudsman
any civil action the offended party may file
against the estate of the deceased. 109. In general, the formal requisites of a complaint
d. all of the choices or information are the following, EXCEPT:
a. It must be in writing
100. Pursuant to Rule 114 of the Rules of Court, a b. It must be in the name of the People of the
detainee may be released on bail in the following Philippines.
manner, except: c. It must be filed with the Prosecutor’s Office
a. property bond d. It must be filed in court
b. performance bond
c. corporate surety 110. Z as husband dies before he could institute the
d. recognized criminal action for adultery against his wife and the
paramour. The case may:
101. Demurer to evidence may be filed by a party to a. No longer be prosecuted
a case b. Be prosecuted by the husband’s parents
a. after arraignment c. Still be prosecuted
b. after the defense has rested its case d. Be prosecuted by the State
c. after trial
d. after the prosecution had rested its case 111. The right of the State to initiate criminal actions
in behalf of incapacitated individual with no known
102. The accused may questioned the legality of his parents, grandparents or guardian is known as:
arrest ___ otherwise the said accused could no a. Doctrine of parens patriae
longer questioned the same and that the arrest is b. Doctrine of non-suability
presumed by the court as valid. c. police power
a. before arraignment d. habeas corpus
b. before conviction
c. before preliminary investigation 112. The modes of making an arrest are:
d. before trial a. by an actual restraint of the person to be
arrested
103. The following are the matters to be taken up in b. by the submission to the custody of the
pre-trial conference except: person making the arrest
a. examination of witnesses c. by using unreasonable force
b. marking of evidence d. a and b only
c. plea bargaining
d. stipulation & simplification of issues 113. The following are crimes Against National
Security and Law of Nations, EXCEPT.
104. The reservation of the right to institute separate a. Treason
civil action shall be made: b. Piracy and mutiny
a. before arraignment c. Espionage
b. before the pre-trial conference d. Rebellion
c. before the prosecution rest its case
d. before the prosecution presents evidence 114. Breach of allegiance to a government,
committed by a person who owes allegiance to it.
105. Amendment without leave of court before the a. treason
accused pleads is allowed by the Rules of Court b. espionage
under the following instances EXCEPT: c. adherence to the enemy
a. amendment as to substance d. rebellion
b. amendment as to form
c. amendment that reflect typographical error 115. The degree of proof required to convict a person
d. amendments to downgrades the nature of accused of treason.
the crime a. substantial evidence
b. proof beyond reasonable doubt
106. One of the requisites in order that one of the c. two witness rule
accused may be discharged in order to be state d. preponderance of evidence
witness is that
a. Said accused does not appear to be the most 116. The following are elements of Piracy, EXCEPT:
guilty a. A vessel is on the high seas or in Philippine
b. Said accused does not appear to be least waters;
guilty b. The offenders are not members of its
c. Said accused must not appear to be guilty complement or passengers of the vessel;
d. Said accused must appear to be innocent as c. That the offender resist to a superior officer;
char d. The offenders either attack or seize that
vessel or seize the whole or part of the cargo
 of said vessel, its equipment or personal d. Any public officer or employee who searches
belonging of its complement or passengers. domicile without witnesses.
e. All of the choices
117. Which of the following does NOT qualify the
crime of Piracy: 125. SPO1 Masinop having authorized by a search
a. Whenever the pirates have seized the vessel warrant, search the house of Mr. Mando N. Ducot.
on the high seas or in Philippine waters After having discovered the item specified in the
b. Whenever the pirates have seized a vessel warrant, SPO1 Masinop took the same and includes
by boarding or firing upon the same. the jewelry box filled with jewelry which is not
c. c.Whenever the pirates have abandoned included in the list of the item to be seized. SPO1
their victims without means of saving Masinop is:
themselves. a. Liable for the crime of violation of
d. Whenever the crime is accompanied by domicile
murder, homicide, physical injuries, or rape. b. Not liable for the crime of violation of
domicile
118. Otherwise known as the “Anti-Piracy and Anti- c. May not be liable for violation of
highway Robbery Law of 1974. domicile
a. Comm. Act No. 616 d. Liable for a crime but not on
b. P.D. 532 violation of domicile
c. P.D. 533
d. R.A. 6235 126. The following are crimes against the
fundamental law of the States. Which one can be
119. PO1 Matiyaga, without legal grounds arrested committed by private person?
and detained Mr. Tamad and deprived said person of a. Arbitrary detention
his liberty is liable for: b. Violation of Domicile
a. illegal detention c. Interruption of religious worship
b. arbitrary detention d. Offending religious feelings
c. unlawful arrest e. Prohibition, interruption or dissolution of
d. kidnapping peaceful meetings

120. The following are legal grounds for the 127. The law which provides Human Security
detention of any person, EXCEPT: a. R.A. 9208
a. commission of a crime b. R.A. 9745
b. escape from prison / penal institution c. R.A. 9372
c. violent insanity or other ailment requiring d. R.A. 7438
the compulsory confinement
d. a and c only 128. Angelo Vergara not only confessed his
e. a, b and c membership with the Sparrow unit but also his
participation and that of his Group in the killing of
121. The following are acts constitute a crime of SPO2 Manalad while the latter was manning the
delaying release, EXCEPT: traffic along C. M. Recto Ave. Manila. Under the facts
a. Delays the performance of a judicial or given, what crime was committed by the former and
executive order for the release of a prisoner. that of his Group?
b. Delays the service of the notice of such a. murder
order to said prisoner. b. sedition
c. Delays the proceedings upon any petition for c. rebellion
the liberation of such person. d. homicide
d. Delays the filing of a criminal offense against
the detainee to the proper judicial authority. 129. This crime is committed by raising publicly and
e. All of these taking arms against government to completely
overthrow and supersede said existing government.
122. Mr. Mabait was arrested for illegal possession of a. treason
firearms which is considered a low power gun. b. rebellion
Considering that the crime is punishable by c. coup d’etat
correctional penalty, within how many hours should d. sedition
that a case be filed to the proper judicial authority?
a. 12 hours 130. A swift attack accompanied by violence,
b. 18 hours intimidation, stealth, directed against duly
c. 24 hours constituted authorities, public utilities, military
d. 36 hours camps and installation with or without civilian
support for the purpose of diminishing state power.
123. It is the unauthorized act of public officer who a. treason
compels a person to change his resident or b. rebellion
otherwise expels him from the Philippines. c. coup d’etat
a. violation of domicile d. sedition
b. arbitrary detention
c. trespass to dwelling 131. It is a felony which in its general sense is raising
d. expulsion of communications or disturbances in the state
outside of the legal method.
124. The following are act constituting Violation of a. treason
Domicile. b. rebellion
a. Any public officer or employee who enters c. coup d’etat
any dwelling against the will of the owner d. sedition
thereof.
b. Any public officer or employee who searches 132. A police officer, who arrested a member of
any papers or other effects found therein congress while going to attend a senate session for a
without the previous consent of the owner. traffic violation is liable for:
c. Any public officer or employee who refuses a. crime against popular representation
to leave the premises, after having b. acts tending to prevent the meeting of the
surreptitiously entered said dwelling and National Assembly
after having been required to leave the c. violation of parliamentary immunity
premises. d. all of the foregoing
 140. Mr. Pasaway while under the influence of liquor
133. The Kilusan ng mga hindi Ungas at Paranoid fired a gun in the air to proclaim to the people that
(KHUP) was organized by Mr. Panot allegedly for he is celebrating his birthday. Such act constitutes
protecting the poor laborer, where in fact it was ___?
organized to form a group that would rise against a. illegal discharge of firearm
the rich businessmen of their city. For what crime b. alarm & scandals
can they be charged? c. disturbances
a. Illegal assembly d. outcry
b. Illegal association
c. coup d’etat 141. The following circumstances qualifies the crime
d. rebellion of evasion of service of sentence.
a. By means of unlawful entry By breaking
134. Any association, organization, political party or doors, windows, gates, walls, roofs or floors.
group of persons organized for the purpose of b. By using picklocks, false keys, disguise,
overthrowing the Government of the Republic of the deceit, violence or intimidation.
Philippines or for the purpose of removing the c. Through connivance with other convicts or
allegiance to said government or its law, the territory employees of the penal institution.
of the Phils. or any part thereof, with the open or d. All of the choices
covert assistance or support of a foreign power by
force violence, deceit or other illegal means. Is a 142. Mr. Bandido was convicted for a crime of robbery
crime of: before serving his sentence or while serving the
a. Rebellion same he committed a crime of murder. What
b. Illegal Association condition is said to have occurred?
c. Subversive Association or Organization a. recidivism
d. Illegal Assembly b. reiteration
c. quasi-recidivism
135. Mrs. Grace, a Mayor of Valenzuela together with d. habitual delinquency
engineer Pandac and Councilor Panot were surveying
the land occupied by informal settlers for 143. It is committed by giving to a treasury or bank
government projects and for their relocation. The note or any instrument payable to bearer or to order
residents oppose with the plan. Mrs. Lourdes, one of the appearance of a true and genuine document. It
the residents, slapped the face of Mayor Ditas when is likewise committed by falsification through
the latter came near. One of the close escorts of the erasing, substituting, counterfeiting, or altering by
Mayor defends her but Mrs. Lourdes also slapped any means, the figures, letters, words or signs
him and punched as well. For what crime Mrs. contained therein (Art. 169)
Lourdes can be charged for in relation to Mayor
Grace? a. Falsification of public document
a. Sedition b. Forgery
b. Slander by Deeds c. Falsification
c. Direct Assault d. d.Fasification by public officer, employee or
d. Rebellion notary or ecclesiastical minister

136. The following qualifies Direct Assault, EXCEPT: 144. A person who counterfeits or imitate a traffic
a. The assault is committed with a weapon police sticker and sell the same shall be liable for a
b. The offender is a public officer or employee crime of:
c. The offender lays hands upon a person in a. Estafa through falsification of a public
authority document
d. The offender seriously intimidating or b. Theft through falsification of a public
resisting a person in authority document
c. Falsification of public document
137. Any person directly vested with jurisdiction, d. Forgeries
whether as an individual or as a member of some
court or government corporation, board or 145. This crime is committed by any person without
commission, shall be deemed ____? any distinction, by falsely representing himself as an
a. Agent of a person in authority officer and performing under pretense of official
b. Judicial authority position any act pertaining to such person.
c. person in authority a. usurpation of authority
d. Public employee b. estafa
c. usurpation of official functions
138. It is committed by any person who shall resist or d. a & c
seriously disobey any person in authority, or the
agents of such person, while engaged in the 146. Any other name a person which publicly applies
performance of official functions. to himself without authority of the law.
a. Direct assault a. alias
b. Indirect Assault b. A.K.A.
c. Disobedience to summons issued by the c. fictitious names
National Assembly d. true name
d. Resistance & disobedience to a person in
authority or the agents of such person 147. It is committed by a person, who being under
oath are required to testify as to the truth of a
139. The following are crimes classified as public certain matter at a hearing before a competent
disorders, EXCEPT. authority, shall deny the truth or say something
a. Tumults and other disturbances of public contrary to it.
order a. forgery
b. perjury
b. Unlawful use of means of publication and c. falsification
lawful utterances d. false testimony
c. Alarms and scandals
d. Delivering prisoners form Jails 148. Consist of acts which are offensive to decency
e. None of the choices and good customs, which having been committed
publicly, have given rise to public scandal to persons
who have witness the same.
 a. immoral doctrines b. Technical malversation
b. obscene publication and exhibition c. Malversation of public funds
c. grave scandal d. Embezzelment
d. Libel
157. The following are crimes classified under
149. Refers to persons having no apparent means of infidelity or public officers:
subsistence but has the physical ability to work and a. Infidelity in the custody of the prisoners
neglects to apply himself or herself to lawful calling. b. Infidelity in the custody of documents
a. bum c. Revelation of secrets
b. vagrant d. all of these
c. prostitute
d. destitute 158. This is committed by any public officer or
employee who shall overdo himself in the correction
150. It is the improper performance of some acts or handling of a prisoner or detention prisoner under
which should have been lawfully be done. his charge by the imposition of punishment not
a. malfeasance authorize by the regulations or inflicting punishment
b. misfeasance in a cruel or humiliating manner.
c. nonfeasance a. Police brutality
d. dereliction of duty b. Sadism
c. Maltreament of prisoners
151. It is crime committed by a judge who knowingly d. Physical injures
issued an unjust order which decides some point or
matter but which however, is not a final decisions of 159. This is committed by any public officer who shall
the matter in issue: solicit or make immoral advances to a woman under
a. Knowingly rendering unjust judgment his custody or to other women like the wife,
b. Judgment rendered through negligence daughter, sister or relative within the same degree
c. Unjust interlocutory order by affinity of any person in the custody of a warden
d. Malicious delay in the administration of or officer.
justice a. Sexual harassment
e. Betrayal of trust by an attorney or solicitor – b. Abuses against chastity
revelation of secrets c. Acts of Lasciviousness
d. Abuse of authority
152. This one is committed by public officers or
employees who, in dereliction of the duties of his 160. Takes place whenever a person is killed during a
office, shall maliciously refrain from instituting confusion attendant to quarrel among the several
prosecution for the punishment of violators of law, or persons not continuing a group and the perpetrators
shall tolerate the commission of offenses. cannot be ascertained.
a. Direct bribery a. homicide
b. Indirect bribery b. murder
c. Qualified bribery c. death caused by tumultuous affray
d. Prevaricacion or negligence or tolerance in d. riots
prosecution of offenses
161. Husband punched and kicked his pregnant wife
153. What crime is committed by any public officer or causing the death of their unborn child is guilty of:
employee who shall agree to perform an act a. parricide
constituting a crime, in connection with the b. abortion
performance of his official duties, in consideration of c. intentional abortion
any offer, promise, gift or present received by such d. unintentional abortion
officer, personally or through the mediation of
another. 162. A formal and regular combat previously
a. Direct bribery concerted between two parties in the presence of
b. Qualified bribery two or more seconds of lawful age on each side, who
c. Indirect bribery make the selection of arms and fix all other
d. Prevarication or negligence or tolerance in conditions.
prosecution a. riot
b. duel
154. Any public office who is entrusted with law c. tumultuous affray
enforcement who refrain from arresting or d. mutilation
prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death in 163. It is the lopping or clipping off some part of the
consideration of any offer, promise, gift or present. body, e.g. a woman cutting the penis of a male lover
a. bribery to deprive of the latter of its true.
b. direct bribery a. physical injury
c. qualified bribery b. duel
d. indirect bribery c. tumultuous affray
d. mutilation
155. It is a crime committed by any appointed public
official who shall become interested in any 164. What crime is committed by person who
transaction within his territory, subject to his assaulted another, causing the latter to be absent
jurisdiction during his incumbency. from work for two weeks?
a. Prohibited transaction a. mutilation
b. Possession of prohibited interest by a public b. serious physical injury
officer c. less serious physical injury
c. Fraud against public treasury d. slight physical injury
d. Prevarication
165. Committed by a man having a carnal knowledge
156. This is committed by an accountable public with a child less than 12 years old.
officer who, shall appropriate, or shall a. rape
misappropriate or shall consent, or through b. acts of lasciviousness
abandonment or negligence shall permit another c. seduction
person to take public funds or property. d. abduction
a. Direct bribery
166. A private individual who detains another for the d. d. theft
purpose of depriving the latter of his liberty for more
than three days is guilty of: 176. Committed by any person who with intent to
a. illegal detention gain but without violence or intimidation of persons
b. arbitrary detention nor force upon things shall take personal property of
c. serious illegal detention another without latter’s consent.
d. slight illegal detention a. robbery
b. kidnapping
167. A person who got into a dispute with another, c. brigandage
assaulted the latter for the purpose of delivering his d. theft
victims to the jailer is guilty of what crime?
a. illegal detention 177. A housemaid who was caught in the act of
b. illegal arrest carting away the furniture of her employer would be
c. unlawful arrest charged of what crime?
d. physical injuries a. theft
b. robbery
168. Refers to a crime committed by any person who c. qualified theft
threatens another with the infliction upon the d. estafa
person, honor or property of the latter or of his
family of any wrong amounting to a crime. 178. Altering the place of a mojon in the lot to insure
a. grave threat that the property would be large when surveyed is a
b. light threat crime of:
c. grave coercion a. estafa
d. light coercion b. chattel mortgage
c. usurpation
169. When a threat to commit a wrong not consulting d. altering boundaries or landmarks
a crime is made by another, what crime is
committed? 179. It is the willful damaging of another’s property
a. grave threat for the sake of causing damage due to hate, revenge
b. light threat or other evil motive.
c. graver coercion a. swindling
d. light coercion b. destruction of property
c. malicious mischief
170. Any person who by means of violence shall seize d. chattel mortgage
anything belonging to his debtor for the purpose of
applying the same to the payment of a debt, is 180. What crime was committed by a married woman
committing. having carnal knowledge with a man not her
a. grave threat b. light threat husband?
c. light coercion d. graver coercion a. adultery
b. concubinage
171. It is a felony wherein a person compels another c. acts of lasciviousness
by means of force, violence or intimidation to do d. seduction
something against his will, whether right or wrong.
181. A married man who allows his paramour to live
a. grave threat in their conjugal dwelling is liable of what crime?
b. light threat a. adultery
c. grave coercion b. concubinage
d. light coercion c. acts of lasciviousness
d. seduction
172. It includes human conduct, which although not
productive of some physical or material harm would 182. Lewd acts committed upon person of either sex
annoy any innocent person not amounting to rape by using force or intimidation.
a. light threat a. adultery
b. light coercion b. concubinage
c. unjust vexation c. acts of lasciviousness
d. grave coercion d. seduction

173. It is the taking of personal belonging to another, 183. A person who ripped the dress of a woman and
with intent to gain by means of violence against, or placed his penis over the woman’s genital organ is
intimidations upon things of any person, or using liable for what crime?
force upon anything.
a. robbery a. rape
b. theft b. seduction
c. brigandage c. forcible seduction
d. estafa d. acts of lasciviousness

174. A stole thing from a locker by means of the key 184. Pedro was able to have carnal knowledge with
of the owner, what crime was committed? his girlfriend by promising the latter with marriage,
a. a theft what crime was committed?
b. robbery a. seduction
c. possession of pick locks b. acts of lasciviousness
d. possession of false key c. abduction
d. none of the foregoing
175. A crime committed by more than three armed
malefactors who form a band for the purpose of 185. Alfred directed his employee Luz to deliver
committing robbery in the highway or kidnapping several pieces of jewelries to his Mother whom he
persons for the purpose of extortion or to obtain had misunderstanding. The latter however, pawned
ransom, or for any other purpose to be attained by the said jewelries and misappropriated the same.
means of force & violence. What would be the proper offense committed by
a. Robbery Luz?
b. kidnapping a. swindling
c. brigandage b. theft
 c. robbery d. That man is subdued occasionally by strange
d. malicious mischief and morbid phenomenon which constrains
him to do wrong, in spite of or contrary to his
186. Which of the following crimes does not operates violation.
as an absolutory cause which could serves as an
exemption against members of the family from 196. Acts or omissions punishable by law are crimes.
criminal ability in crimes against properties. What are acts committed or omitted in violations of
a. Robbery special laws?
b. theft a. felony
c. malicious mischief b. offense
d. estafa c. misdemeanor
d. in fractional law
187. It is defined as a method fixed for the
apprehension and prosecution of person alleged to 197. Basically, there are three fundamental
have committed a crime. characteristics of criminal law. What characteristics
a. Criminal procedure of criminal law states that criminal law is binding on
b. Criminal jurisprudence all persons who live or sojourn in the Philippines?
c. rules of court a. Generality
d. rules of procedure b. Territoriality
c. Prospective
188. It refers to the authority or power to hear and d. Retroactive
decided cases.
a. Jurisdiction 198. The following are the exemption to the rule of
b. b. Jurisprudence Generality, EXCEPT:
c. Venue a. Those who are subject of treaty stipulation
d. Territory b. Those who are immune under the law of
preferential application
189. It refers to the geographical division or c. Those who are exempted under Public
territorial limit where the power of the court is International law
exercised and which is jurisdictional in criminal case. d. President, Prime Minister and Ambassador
a. Venue
b. Jurisprudence 199. Mr. A committed loitering within the vicinity of
c. jurisdiction Isetan Recto on January 12, 2009. June 12, 2009, a
d. court city ordinance was passed punishing loitering within
the vicinity of Isetan Recto. Can A be held liable for
190. It is the authority to hear or try a case for the his act of loitering?
first instance.
a. Original jurisdiction a. Yes, for there is a law passed punishing it
b. Exclusive jurisdiction b. Yes, under the principle of retroactive effect
c. concurrent of criminal law
d. appellate jurisdiction c. No, for the act was done prior to the
191. It is the sole authority to hear cases to the effectivity of the law
exclusion of the others. d. No, for a did not loiter again
a. Original jurisdiction
b. Exclusive jurisdiction 200. Acts or omissions punishable by law are crimes.
c. appellate jurisdiction What are acts committed or omitted in violations of
d. concurrent jurisdiction special laws?
a. felony
192. Is that branch of municipal or public law which b. offense
defines crimes, treats of their nature and provides c. misdemeanor
for their punishment? d. in fractional law
a. civil law
b. procedural law
c. criminal law
d. substantive law

193. The following are sources of criminal law,

EXCEPT: Prepared by:
a. Act 3815
b. City and municipal ordinance Jessa G. Gutierrez, RCrim
c. Special penal laws College Instructor
d. Constitution

194. The Revised Penal Code serves as the primary Checked by:
source of criminal laws in the Philippines. It took
effect on?
a. January 1, 1923 Dr. Reymundo Sarac
b. January 1, 1932 Program Chair
c. December 8, 1930
d. January 1, 1933
Noted by:
195. The following are characteristics of classical
theory of criminal law, EXCEPT: Dr. Lylani S. Claro-Dela Cruz
a. the basis of criminal liability is human free College Dean
will and the purpose of the penalty is
retribution.
b. Man is essentially a moral creature with an
absolutely free will to choose between good
and evil, thereby placing more stress upon
the effect or result of the felonious act than
the man.
c. there is scant regard to the human element.