CONCEPCION HOLY CROSS COLLEGE b.

Used in the commission of a crime

Minane, Concepcion, Tarlac c. That are within the immediate vicinity
d. Which are means of committing violence
CRIMINAL LAW AND JURISPRUDENCE
Prelim Term Examination
9. Which authorizes the release of a detainee who has
1st Semester A.Y. 2022 – 2023 undergone preventive imprisonment equivalent to the
maximum imposable sentence for the offense he is
charged with?
a. Batas Pambansa 95
Name: __________________ Date: __________ b. Batas Pambansa 85
Class Schedule___________ C/Y/& S:________ c. Batas Pambansa 105
Instructor: Jessa G. Gutierrez, RCrim d. Batas Pambansa 965

10. An advantageous result in the integration of

Direction: Read and analyze the following correctional agencies is:
questions: a. More physical facilities to maintain
b. More prisoners to supervise
1. To be considered an accessory, the author of the c. Divided resources such as manpower and
crime must be guilty of any of the following, EXCEPT: finances
a. Murder d. Better coordination of services and increased
b. Treason cost-efficiency
c. Parricide
d. Infanticide 11. It is the system or criminal procedure which is
characterized by secrecy of investigation and the
2. The following are crimes against national security and option of the defense and prosecution to appeal.
the law of nations EXCEPT one: a. Inquisatorial
a. Violation of neutrality b. mixed
b. Rebellion c. accusatorial
c. Treason d. fixed
d. Espionage
12. It is that system of criminal procedure which is
3. Which of the following is NOT classified as a crime conducted either at the initiative of the public
committed by public officers? prosecutor or the offended party and the right to
a. Forgery appeal are limited to the defense and the accused
b. Official breaking seal presumed innocent.
c. Malversation a. inquisitorial
d. Refusal of assistance b. mixed
c. accusatorial
4. A science involving technical knowledge about the d. fixed
traces of crime is known as:
a. Forensic medicine 13. That law expanding the jurisdiction of the MTC,
b. Physical science MTCC, MCTC.
c. Forensic science a. R.A. 7691
d. Criminalistic Technology b. R.A. 8493
c. BP 129
5. Inmates with heart diseases need to be treated with a d. R.A. 1379
little more care than the other inmates. Which of the
following should NOT be done by a jail officer? 14. In criminal cases, what determine the jurisdiction
a. Ensure that the inmates see the medical staff of court, EXCEPT:
regularly a. Extent of penalty
b. Ensure that the inmates comply with his b. Person accused
prescribed diet c. territory
c. Avoid assigning strenuous jobs to the inmate d. subject matter
d. Prescribe the medicine to the heart-patient 15. Sworn statement, subscribed by offended party,
inmate any peace officer of public officer in charge of
enforcement of the law violated filed either to the
6. The following are aggravating circumstances EXCEPT: court or to the office of the prosecutor.
a. Movement of the offender is restricted a. Complaint
b. Cruelty b. Pleadings
c. Adding ignominy c. Information
d. Taking advantage of superior strength d. Affidavit

7. When taking up arms against the government was 16. Prescription of offense commence to run:
undertaken by members of the military, what law was a. Upon discovery of the crime by the
violated? Republic Act________. offended party or peace officers or their
a. 9165 agent.
b. 7610 b. Upon filing of cases in court.
c. 6506 c. Upon escape of the accused.
d. 6968 d. Upon re-appearance of the accused

8. The following properties may be taken by the officer 17. The following are cases covered by rules on
effecting the arrest, EXCEPT those: summary procedure, EXCEPT:
a. That may be used for escaping
 a. Where the penalty is six months a. Prejudicial question
Imprisonment b. inquest proceeding
b. Violation of traffic laws c. preliminary investigation
c. Violation of rental laws d. custodial investigation
d. Where the penalty fees not exceed six (6)
months imprisonment 26. Is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-
18. What drugs are synthetic that stimulate the central founded belief that a crime has been committed
nervous system and are commonly referred to as and the respondent is probably guilty thereof, and
“uppers”? should be held for trial.
a. Amphetamines
b. Naptha a. preliminary investigation
c. Barbiturates b. inquest proceeding
d. Diazepam c. prejudicial question
d. custodial investigation
19. The following offense cannot be prosecuted de
officio without a complaint first filed by the 27. Preliminary investigation is conducted on cases
offended party, EXCEPT: punishable by:
a. Rape a. at least four (4) years, two (2) months and
b. Abduction one (1) day
c. Seduction b. more than four years, two months and one
d. Adultery and Concubinage day
c. less than four years, two months and one
20. Complaint or Information shall charge only one day
offense. This is the rule on: d. six years, one day and above
a. Duplicity of offense
b. Complex crime 28. The following persons are authorized to conduct
c. compound crime preliminary investigation, EXCEPT:
d. continuing crime a. Judges or Metropolitan Trial Court
b. Provincial and city prosecutors and their
21. In People v. Pinzon under what Constitutional assistants
Mandates an arresting officer should inform the c. Judges of the Municipal Trial Court and
person to be arrested of his rights? Municipal Circuit Trial Courts
a. Art. III Sec. 12 d. National and Regional state prosecutors;
b. b.Miranda Doctrine e. a and c
c. R.A. 7438 29. After the filing of the Complaint or Information in
d. Rule 115 court without a preliminary investigation within
how many days an accused person upon knowing
22. It is an Act Instituting the Comprehensive the filing of said complaint may ask for preliminary
Dangerous Drugs Act of 2002, providing Funds investigation?
Therefore and for Other Purposes. a. 5 days
a. RA 9165 b. 15 days
b. RA 1956 c. 10 days
c. RA 9156 d. 30 days
d. RA 1965
23. What is the penalty of planting of evidence in drug 30. Is the taking of a person into custody in order that
incidents? he may be bound to answer for the commission of
a. Reclusion Perpetua an offense.
b. Life Imprisonment a. Arrest
c. Death b. Warrant
d. Fine c. jurisdiction
d. Seizure
109. Complaint and information can be amended to
____ after plea and during the trial with leave of court 31. Validity of the warrant of arrest?
and without causing prejudice to the rights of the a. no fixed duration
accused. b. 30 days
a. form c. 20 days
b. substance and form d. 10 days
c. substance
d. none of these 32. Lifetime of search warrant?
a. 10 days
24. A petition for suspension of criminal action upon b. 20 days
the pendency of a prejudicial question in a civil c. 5 days
action may be filed: d. No fixed duration
a. before the prosecution rests
b. before arraignment 33. Within how many days upon the date of execution
c. before preliminary investigation of a warrant of arrest the person charged with its
d. before plea execution shall report to the court which issue
such warrant when arrest was not been made?
25. Is that which in a case the resolution of which is a a. 10 days
logical antecedent of the issue involved therein, b. 30 days
and the cognizance of which pertains to another c. 20 days
tribunal. d. 5 days
34. It refers to the ways and means of trapping and 43. Bail is a matter of right under the constitution,
capturing the law breakers in the execution of their EXCEPT:
criminal plan. a. crime punishable by reclusion perpetua to
a. instigation death
b. investigation b. crime punishable by life imprisonment
c. entrapment c. crimes punishable by death
d. Entertainment d. crime punishable by reclusion perpetua or
life imprisonment when evidence of guilt is
35. In flagrante delicto means _____? strong
a. caught in the act
b. instigation 44. When bail is a discretionary?
c. caught after commission a. Upon conviction by the RTC not punishable
d. entrapment by reclusion perpetua or life imprisonment.
b. Upon conviction by the RTC exceeding 6
36. When arrest may be made? years but not more than 20 years who is a
a. At any time of the day and night recidivist.
b. At day time c. Upon conviction by the RTC exceeding 6
c. At night time years but not more than 20 years when
d. from sun dust till dawn there is undue risk that he may commit
another crime during the pendency of the
37. When making an arrest the arresting officer ____ appeal.
the warrant of arrest in his possession? d. Upon conviction by the RTC exceeding 6
a. Need not have years but not more than 20 years who has
b. Should always have previously escaped from legal
c. may sometime have confinement.
d. need to have
45. Is an offense which, under the existing law at the
38. It refers to the questioning initiated by law time of its commission and at the time of the
enforcement officer after a person has been taken application for admission to bail may be punished
into custody. with death.
a. custodial investigation a. capital offense
b. inquest b. less grave
c. interview c. heinous crime
d. interrogation d. grave felony

39. Under what circumstances arrest can be made 46. The following are kinds of bail, EXCEPT:
even without a warrant? a. Property Bond
b. Cash Bond
a. When the crime was committed in the c. Corporate surety bond
presence of the arresting officer. d. Recognizance
b. When the crime was in fact been e. None of the choices
committed and there is personal
knowledge based on probable cause that 47. When the maximum penalty to which the accused
the person to be arrested has committed may be sentenced is destierro, he shall be
it. released after ____ of preventive imprisonment.
c. When the person to be arrested is an a. 30 days
escapees. b. 20 days
d. All of the choices c. 15 days
d. 60 days
40. It is a security given for the temporary release of a
person in custody of the law. 48. Bail shall automatically be cancelled upon:
a. Bail a. acquittal of the accused
b. parole b. execution of the judgment of conviction
c. fine c. dismissal of the case
d. conditional pardon d. all of the choices

41. Trial _____ may proceed in case the accused person 49. It is the rule which states that if the inculpatory
failed to appear at the trial without justification facts and circumstances are capable of two or
and despite due notice. more interpretation, one which is consistent with
a. In absentia the innocence of the accused and the other
b. in flagrante de licto consistent with his guilt, or they are evenly
c. on the merits balanced. The constitutional presumption of
d. none of these innocence should tilt the scale in favor of the
accused and he must be acquitted.
42. When Bail is a matter of right? a. Equipoise rule
a. Before or after conviction by the b. Presumption of guilt
Metropolitan, Municipal or Municipal Circuit c. Hornbook doctrine
trial court. d. due process of law
b. Upon conviction by the Regional Trial Court
c. before conviction by the Regional Trial 50. Refers to the counsel provided by the government
Court to assist destitute litigant?
d. upon preliminary investigation a. Counsel de officio
 b. counsel de parte d. extinctive
c. Public Attorney’s Office
d. National Prosecution Office 59. It is one of the grounds for motion to quash. It is
the danger of being prosecuted for the same
51. It is a process directed to a person requiring him to offense for the second time.
attend and to testify or to bring with him any a. double jeopardy
books or documents under his control at the trial of b. double trial
an action. c. double trouble
a. subpoena d. double counter
b. subpoena ducestecum
60. Provisional dismissal of offense punishable by
c. subpoena ad testificandum imprisonment not exceeding six years or a fine of
d. d. warrant of arrest any amount or both shall become permanent after
____.
52. Unless shorter period is provided by special law or a. one year
Supreme Court Circular, the arraignment shall be b. 2 years
held within ___ days from the date the court c. 5 years
acquires jurisdiction over the person of the d. d. 4 years
accused.
a. 30 days 61. Within how many days after arraignment and from
b. 10 days the date the court acquires jurisdiction over the
c. 15 days person of the accused shall order a pre-trial
d. 5 days conference?
a. 30 days
53. If an accused person who refuses to plead, a plea b. 15 days
of ___ shall be entered. c. 20 days
a. Not guilty d. d. 60 days
b. admission by silence
c. guilty 62. How many days are given to an accused person to
d. none prepare for trial after a plea of not guilty is
entered?
54. When reception of evidence is necessary under the a. 15 days
following circumstances: b. 20 days
a. Plea of guilty to lesser offense c. 30 days
b. plea of guilty to capital offense d. 180 days
c. Plea of guilty to non-capital offense
d. all of these 63. The trial of a case shall commence with ___ days
from receipt of the pre-trial order?
55. When the complaint is vague, the accused may file a. 30 days
a motion alleging among others the defect of the b. 15 days
complaint or information and the details desired in c. 20 days
order to enable him to properly answer and d. 60 days
prepare for trial. This motion is known as:
a. motion for bill of particular 64. The trial court have how many days from the first
b. motion for clarification day of trial to terminate the same?
c. motion to dismiss a. 60 days
d. motion for postponement b. 365 days
c. 180 days
56. Upon motion of the proper party, arraignment shall d. 150 days
be suspended on the following grounds:
a. The accused appears to be suffering from 65. The trial of a case can be made in absentia except
unsound mental condition. on the following circumstances:
b. There exist a prejudicial question. a. at the arraignment and plea
c. c. A petition for review of the resolution of b. during the trial whenever necessary for
the prosecutor is pending either at the DOJ identification purposes
or office of the President . c. at the promulgation of sentence, unless for
d. All of the choices a light offense
d. all of the choices
57. A move for the annulment of the criminal charge
made by an accused is: 66. The order of trial is:
a. Motion to quash a. Prosecution, accused, rebuttal and
b. nolleprosequi surrebattal
c. Motion to dismiss b. Prosecution, cross, redirect, re-cross
d. bill of particulars c. Direct, cross, re-cross, re direct
d. Direct, cross, rebuttal, and surrebattal
58. It is the loss by the state of the right to prosecute
and punish or the termination of the power to 67. Refers to items such as dolls, puppets, drawings,
prosecute or punish the offender after the lapse of mannequins or any other appropriate
certain definite period from the commission of the demonstrative device to assist him in testimony.
offense. a. Testimonial aids
a. Prescription of crime b. Emotional security items
b. acquisitive c. support
c. prescription of penalty d. none of these
 d. All of these
68. It is a type of a question that can be allowed in all
stages of examination of a child, if the same will 77. Who represents the State in an action for appeal?
further the interest of justice. a. prosecutor
a. leading questions b. Secretary of DOJ
b. relevant c. appellant
c. misleading d. Solicitor General
d. Narrative
78. The party appealing the case shall be called?
69. Which of the following is a ground for discharge of a. appellant
an accused to be state witness: b. accused
a. there is absolute necessity for the c. Appellee
testimony of the accused. d. Defendant
b. said accused does not appear to be the
most guilty 79. It refers to the geographical division or territorial
c. said accused has not been convicted of a limit where the power of the court is exercised and
crime involving moral turpitude/ which is jurisdictional in criminal case.
d. all of the choices a. Venue
b. Jurisprudence
70. After the prosecution rest its case, the accused c. jurisdiction
person may move for the dismissal of the case on: d. court
a. on its own initiative after giving the
prosecution an opportunity to be heard. 80. It is the authority to hear or try a case for the first
b. Demurrer to evidence instance.
c. motion for reconsideration a. Original jurisdiction
d. motion for new trial b. Exclusive jurisdiction
c. concurrent jurisdiction
71. It is the judicial examination and determination of d. appellate jurisdiction
the issue in an action or proceeding, civil or
criminal. 81. It is the sole authority to hear cases to the
a. pre-trial exclusion of the others.
b. trial a. Original jurisdiction
c. plea bargaining b. Exclusive jurisdiction
d. Judgment c. appellate jurisdiction
d. concurrent jurisdiction
72. Is the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the 82. It is the system or criminal procedure which is
imposition of the proper penalty and civil liability. characterized by secrecy of investigation and the
a. judgment option of the defense and prosecution to appeal.
b. rendition of judgment a. Inquisitorial
c. promulgation of judgment b. mixed
d. conviction c. accusatorial
d. fixed
73. It is the degree of proof which does not excluding
the possibility of error, produces absolute certain. 83. It is that system of criminal procedure which is
Moral certainty only is required. conducted either at the initiative of the public
a. acquittal prosecutor or the offended party and the right to
b. Proof beyond reasonable doubt appeal are limited to the defense and the accused
c. clear and convincing is innocent.
d. preponderance of evidence a. inquisitorial
b. mixed
74. It is the finding of not guilty based on merits or c. accusatorial
that the evidence does not show that his guilt is d. fixed
proof beyond reasonable doubt.
a. dismissal 84. In criminal cases, what determine the jurisdiction
b. conviction of court, EXCEPT:
c. acquittal a. Extent of penalty
d. judgment b. Person accused
c. territory
75. Judgment becomes final when? d. subject matter
a. the period for perfecting an appeal lapse.
b. when the sentence is partially of totally 85. Sworn statement, subscribed by offended party,
satisfied or served. any peace officer of public officer in charge of
c. when the accused waived in writing his enforcement of the law violated filed either to the
right to appeal. court or to the office of the prosecutor.
d. when he appealed for probation a. Complaint
e. all of the choices b. Pleadings Section
c. Information
76. Which of the following cannot be filed after d. Affidavit
judgment of conviction becomes final.
a. Motion for new trial 86. Prescription of offense commences to run:
b. Motion for reconsideration
c. Motion to dismiss
 a. Upon discovery of the crime by the d. demurred to evidence
offended party or peace officers or their
agent. 96. The following cases committed by public official
b. Upon filing of cases in court. with salary grade 27 and above fall under the
c. Upon escape of the accused. exclusive jurisdiction of the Sandiganbayan,
d. Upon re-appearance of the accused Except:
a. Crimes committed in violation of Act 3019,
87. When an appeal shall be taken? R.A. 1379 and section 2, chapter 2, title VII,
a. within 10 days Book two of the RPC
b. within 30 days b. Civil and criminal cases filed pursuant to
c. within 15 days and in connection with executive order
d. within 5 days nos. 1, 2, 14 and 14-A.
c. Crimes committed by public official in
88. Property subject of search and seizure, EXCEPT? relation to their office.
a. Subject of the offense d. None of the choices
b. Stolen or embezzled and other proceeds or
fruits of the offense 97. It is the law which classifies rape from crime
c. Used or intended to be used as the means against chastity to crimes against person, making
of committing an offense crime prosecutable even without a complaint filed
d. Firearm the offender party?
a. R.A. 8353
89. When search must be made? b. R.A. 9283
a. in the day time c. R.A. 8493
b. only during sunrise d. d. R.A. 7055
c. any time of the day and night
d. in the presence of two witnesses 98. Civil liability arising from the offense charged is
deemed instituted upon the filing of criminal action
90. In a criminal case, the People of the Philippines is in court as provided by Rule 111 of Rules of Court.
the ____? In what instances can a civil action for recovery of
a. Plaintiff civil liability can be separated?
b. offended party a. When the offended party waives the civil
c. defendant action;
d. Respondent b. When the offended party reserves his right
to institute the civil action;
91. A complaint or information have the same legal c. When the institution of the civil action is
content, however, they differ as to who subscribe made prior to the criminal action.
to it, who subscribe an information? d. all of the choices
a. Accused
b. Prosecutor 99. What is the effect of death of the accused in civil
c. Witness actions?
d. Victim a. It extinguishes the civil liability arising from
delict.
92. Pursuant to Section 2 of Rule 112 of the Rules of b. Independent civil action instituted may be
Court, the following officers are authorized to continued against the estate or legal
conduct preliminary investigation except? representative of the accused.
a. Provincial and City Prosecutor c. If the accused dies before arraignment, the
b. Judge MTC/MCTC case shall be dismissed without prejudice
c. Regional State Prosecutor to any civil action the offended party may
d. Public Attorney’s office file against the estate of the deceased.
e. b and d d. all of the choices

93. An Special Law which defines certain rights of 100. Pursuant to Rule 114 of the Rules of Court, a
accused, detained or under custodial investigation detainee may be released on bail in the following
as well as duties of the arresting detailing and manner, except:
investigation officer. a. property bond
a. R.A. 7438 b. performance bond
b. R.A. 7348 c. corporate surety
c. R.A. 7834 d. recognized
d. d. R.A. 3478
101. Demurer to evidence may be filed by a party
94. Under the Rule 115 of the Rules of Court, an to a case
accused cannot be compelled to be a witness a. after arraignment
against himself. This principle also known as: b. after the defense has rested its case
a. rights against illegal arrest c. after trial
b. the right to presume innocent d. after the prosecution had rested its case
c. rights against self- incrimination
d. right to live 102. The accused may questioned the legality of his
arrest ___ otherwise the said accused could no
95. Under the Rules on Summary Procedures, the longer questioned the same and that the arrest is
following pleading are prohibited except: presumed by the court as valid.
a. motion to quash a. before arraignment
b. bill of particular b. before conviction
c. answer c. before preliminary investigation
 d. before trial d. Be prosecuted by the State

103. The following are the matters to be taken up in 111. The right of the State to initiate criminal
pre-trial conference except: actions in behalf of incapacitated individual with no
a. examination of witnesses known parents, grandparents or guardian is known
b. marking of evidence as:
c. plea bargaining a. Doctrine of parens patriae
d. stipulation & simplification of issues b. Doctrine of non-suability
c. police power
104. The reservation of the right to institute d. habeas corpus
separate civil action shall be made:
a. before arraignment 112. The modes of making an arrest are:
b. before the pre-trial conference a. by an actual restraint of the person to be
c. before the prosecution rest its case arrested
d. before the prosecution presents evidence b. by the submission to the custody of the
person making the arrest
105. Amendment without leave of court before the c. by using unreasonable force
accused pleads is allowed by the Rules of Court d. a and b only
under the following instances EXCEPT:
a. amendment as to substance 113. The following are crimes Against National
b. amendment as to form Security and Law of Nations, EXCEPT.
c. amendment that reflect typographical a. Treason
error b. Piracy and mutiny
d. amendments to downgrades the nature of c. Espionage
the crime d. Rebellion

106. One of the requisites in order that one of the 114. Breach of allegiance to a government,
accused may be discharged in order to be state committed by a person who owes allegiance to it.
witness is that a. treason
a. Said accused does not appear to be the b. espionage
most guilty c. adherence to the enemy
b. Said accused does not appear to be least d. rebellion
guilty
c. Said accused must not appear to be guilty 115. The degree of proof required to convict a
d. Said accused must appear to be innocent person accused of treason.
as char a. substantial evidence
b. proof beyond reasonable doubt
107. P.D. 1508 is repealed by the Local government c. two witness rule
Code of 1991. Under the said code, the Lupon of d. preponderance of evidence
each barangay shall have authority to bring
together the parties actually residing in the same 116. The following are elements of Piracy, EXCEPT:
city or municipality for amicable settlement where a. A vessel is on the high seas or in Philippine
the offense committed is punishable by waters;
imprisonment exceeding one (1) year. This b. The offenders are not members of its
statement is: complement or passengers of the vessel;
c. That the offender resist to a superior
a. absolutely true officer;
b. partly true d. The offenders either attack or seize that
c. absolutely false vessel or seize the whole or part of the
d. partly false cargo of said vessel, its equipment or
personal belonging of its complement or
108. In Metropolitan Trial Court, the complaint is passengers.
filed with the:
a. Office of the President 117. Which of the following does NOT qualify the
b. Office of the Clerk of Court crime of Piracy:
c. Office of the Prosecutor a. Whenever the pirates have seized the
d. Office of the Ombudsman vessel on the high seas or in Philippine
waters
109. In general, the formal requisites of a b. Whenever the pirates have seized a vessel
complaint or information are the following, by boarding or firing upon the same.
EXCEPT: c. c.Whenever the pirates have abandoned
a. It must be in writing their victims without means of saving
b. It must be in the name of the People of the themselves.
Philippines. d. Whenever the crime is accompanied by
c. It must be filed with the Prosecutor’s Office murder, homicide, physical injuries, or
d. It must be filed in court rape.

110. Z as husband dies before he could institute the 118. Otherwise known as the “Anti-Piracy and Anti-
criminal action for adultery against his wife and the highway Robbery Law of 1974.
paramour. The case may: a. Comm. Act No. 616
a. No longer be prosecuted b. P.D. 532
b. Be prosecuted by the husband’s parents c. P.D. 533
c. Still be prosecuted d. R.A. 6235
 the jewelry box filled with jewelry which is not
119. PO1 Matiyaga, without legal grounds arrested included in the list of the item to be seized. SPO1
and detained Mr. Tamad and deprived said person Masinop is:
of his liberty is liable for: a. Liable for the crime of violation of
a. illegal detention domicile
b. arbitrary detention b. Not liable for the crime of violation of
c. unlawful arrest domicile
d. kidnapping c. May not be liable for violation of
domicile
120. The following are legal grounds for the d. Liable for a crime but not on
detention of any person, EXCEPT: violation of domicile
a. commission of a crime
b. escape from prison / penal institution 126. The following are crimes against the
c. violent insanity or other ailment requiring fundamental law of the States. Which one can be
the compulsory confinement committed by private person?
d. a and c only a. Arbitrary detention
e. a, b and c b. Violation of Domicile
c. Interruption of religious worship
121. The following are acts constitute a crime of d. Offending religious feelings
delaying release, EXCEPT: e. Prohibition, interruption or dissolution of
a. Delays the performance of a judicial or peaceful meetings
executive order for the release of a
prisoner. 127. The law which provides Human Security
b. Delays the service of the notice of such a. R.A. 9208
order to said prisoner. b. R.A. 9745
c. Delays the proceedings upon any petition c. R.A. 9372
for the liberation of such person. d. R.A. 7438
d. Delays the filing of a criminal offense
against the detainee to the proper judicial 128. Angelo Vergara not only confessed his
authority. membership with the Sparrow unit but also his
e. All of these participation and that of his Group in the killing of
SPO2 Manalad while the latter was manning the
122. Mr. Mabait was arrested for illegal possession traffic along C. M. Recto Ave. Manila. Under the
of firearms which is considered a low power gun. facts given, what crime was committed by the
Considering that the crime is punishable by former and that of his Group?
correctional penalty, within how many hours a. murder
should that a case be filed to the proper judicial b. sedition
authority? c. rebellion
a. 12 hours d. homicide
b. 18 hours
c. 24 hours 129. This crime is committed by raising publicly and
d. 36 hours taking arms against government to completely
overthrow and supersede said existing
123. It is the unauthorized act of public officer who government.
compels a person to change his resident or a. treason
otherwise expels him from the Philippines. b. rebellion
a. violation of domicile c. coup d’etat
b. arbitrary detention d. sedition
c. trespass to dwelling
d. expulsion 130. A swift attack accompanied by violence,
intimidation, stealth, directed against duly
124. The following are act constituting Violation of constituted authorities, public utilities, military
Domicile. camps and installation with or without civilian
a. Any public officer or employee who enters support for the purpose of diminishing state power.
any dwelling against the will of the owner a. treason
thereof. b. rebellion
b. Any public officer or employee who c. coup d’etat
searches any papers or other effects found d. sedition
therein without the previous consent of the
owner. 131. It is a felony which in its general sense is
c. Any public officer or employee who refuses raising of communications or disturbances in the
to leave the premises, after having state outside of the legal method.
surreptitiously entered said dwelling and a. treason
after having been required to leave the b. rebellion
premises. c. coup d’etat
d. Any public officer or employee who d. sedition
searches domicile without witnesses.
e. All of the choices 132. A police officer, who arrested a member of
congress while going to attend a senate session for
125. SPO1 Masinop having authorized by a search a traffic violation is liable for:
warrant, search the house of Mr. Mando N. Ducot. a. crime against popular representation
After having discovered the item specified in the b. acts tending to prevent the meeting of the
warrant, SPO1 Masinop took the same and includes National Assembly
 c. violation of parliamentary immunity 139. The following are crimes classified as public
d. all of the foregoing disorders, EXCEPT.
a. Tumults and other disturbances of public
133. The Kilusan ng mga hindi Ungas at Paranoid order
(KHUP) was organized by Mr. Panot allegedly for
protecting the poor laborer, where in fact it was b. Unlawful use of means of publication and
organized to form a group that would rise against lawful utterances
the rich businessmen of their city. For what crime c. Alarms and scandals
can they be charged? d. Delivering prisoners form Jails
a. Illegal assembly e. None of the choices
b. Illegal association
c. coup d’etat 140. Mr. Pasaway while under the influence of liquor
d. rebellion fired a gun in the air to proclaim to the people that
he is celebrating his birthday. Such act constitutes
134. Any association, organization, political party or ___?
group of persons organized for the purpose of a. illegal discharge of firearm
overthrowing the Government of the Republic of b. alarm & scandals
the Philippines or for the purpose of removing the c. disturbances
allegiance to said government or its law, the d. outcry
territory of the Phils. or any part thereof, with the
open or covert assistance or support of a foreign 141. The following circumstances qualifies the crime
power by force violence, deceit or other illegal of evasion of service of sentence.
means. Is a crime of: a. By means of unlawful entry By breaking
a. Rebellion doors, windows, gates, walls, roofs or
b. Illegal Association floors.
c. Subversive Association or Organization b. By using picklocks, false keys, disguise,
d. Illegal Assembly deceit, violence or intimidation.
c. Through connivance with other convicts or
135. Mrs. Grace, a Mayor of Valenzuela together employees of the penal institution.
with engineer Pandac and Councilor Panot were d. All of the choices
surveying the land occupied by informal settlers
for government projects and for their relocation. 142. Mr. Bandido was convicted for a crime of
The residents oppose with the plan. Mrs. Lourdes, robbery before serving his sentence or while
one of the residents, slapped the face of Mayor serving the same he committed a crime of murder.
Ditas when the latter came near. One of the close What condition is said to have occurred?
escorts of the Mayor defends her but Mrs. Lourdes a. recidivism
also slapped him and punched as well. For what b. reiteration
crime Mrs. Lourdes can be charged for in relation c. quasi-recidivism
to Mayor Grace? d. habitual delinquency
a. Sedition
b. Slander by Deeds 143. It is committed by giving to a treasury or bank
c. Direct Assault note or any instrument payable to bearer or to
d. Rebellion order the appearance of a true and genuine
document. It is likewise committed by falsification
136. The following qualifies Direct Assault, EXCEPT: through erasing, substituting, counterfeiting, or
a. The assault is committed with a weapon altering by any means, the figures, letters, words
b. The offender is a public officer or employee or signs contained therein (Art. 169)
c. The offender lays hands upon a person in
authority a. Falsification of public document
d. The offender seriously intimidating or b. Forgery
resisting a person in authority c. Falsification
d. d.Fasification by public officer, employee
137. Any person directly vested with jurisdiction, or notary or ecclesiastical minister
whether as an individual or as a member of some
court or government corporation, board or 144. A person who counterfeits or imitate a traffic
commission, shall be deemed ____? police sticker and sell the same shall be liable for a
a. Agent of a person in authority crime of:
b. Judicial authority a. Estafa through falsification of a public
c. person in authority document
d. Public employee b. Theft through falsification of a public
document
138. It is committed by any person who shall resist c. Falsification of public document
or seriously disobey any person in authority, or the d. Forgeries
agents of such person, while engaged in the
performance of official functions. 145. This crime is committed by any person without
a. Direct assault any distinction, by falsely representing himself as
b. Indirect Assault an officer and performing under pretense of official
c. Disobedience to summons issued by the position any act pertaining to such person.
National Assembly a. usurpation of authority
d. Resistance & disobedience to a person in b. estafa
authority or the agents of such person c. usurpation of official functions
d. a & c
146. Any other name a person which publicly b. Qualified bribery
applies to himself without authority of the law. c. Indirect bribery
a. alias d. Prevarication or negligence or tolerance in
b. A.K.A. prosecution
c. fictitious names
d. true name 154. Any public office who is entrusted with law
enforcement who refrain from arresting or
147. It is committed by a person, who being under prosecuting an offender who has committed a
oath are required to testify as to the truth of a crime punishable by reclusion perpetua and/or
certain matter at a hearing before a competent death in consideration of any offer, promise, gift or
authority, shall deny the truth or say something present.
contrary to it. a. bribery
a. forgery b. direct bribery
b. perjury c. qualified bribery
c. falsification d. indirect bribery
d. false testimony
155. It is a crime committed by any appointed
148. Consist of acts which are offensive to decency public official who shall become interested in any
and good customs, which having been committed transaction within his territory, subject to his
publicly, have given rise to public scandal to jurisdiction during his incumbency.
persons who have witness the same. a. Prohibited transaction
a. immoral doctrines b. Possession of prohibited interest by a
b. obscene publication and exhibition public officer
c. grave scandal c. Fraud against public treasury
d. Libel d. Prevarication

149. Refers to persons having no apparent means of 156. This is committed by an accountable public
subsistence but has the physical ability to work officer who, shall appropriate, or shall
and neglects to apply himself or herself to lawful misappropriate or shall consent, or through
calling. abandonment or negligence shall permit another
a. bum person to take public funds or property.
b. vagrant a. Direct bribery
c. prostitute b. Technical malversation
d. destitute c. Malversation of public funds
d. Embezzelment
150. It is the improper performance of some acts
which should have been lawfully be done. 157. The following are crimes classified under
a. malfeasance infidelity or public officers:
b. misfeasance a. Infidelity in the custody of the prisoners
c. nonfeasance b. Infidelity in the custody of documents
d. dereliction of duty c. Revelation of secrets
d. all of these
151. It is crime committed by a judge who
knowingly issued an unjust order which decides 158. This is committed by any public officer or
some point or matter but which however, is not a employee who shall overdo himself in the
final decisions of the matter in issue: correction or handling of a prisoner or detention
a. Knowingly rendering unjust judgment prisoner under his charge by the imposition of
b. Judgment rendered through negligence punishment not authorize by the regulations or
c. Unjust interlocutory order inflicting punishment in a cruel or humiliating
d. Malicious delay in the administration of manner.
justice a. Police brutality
e. Betrayal of trust by an attorney or solicitor b. Sadism
– revelation of secrets c. Maltreament of prisoners
d. Physical injures
152. This one is committed by public officers or
employees who, in dereliction of the duties of his 159. This is committed by any public officer who
office, shall maliciously refrain from instituting shall solicit or make immoral advances to a woman
prosecution for the punishment of violators of law, under his custody or to other women like the wife,
or shall tolerate the commission of offenses. daughter, sister or relative within the same degree
a. Direct bribery by affinity of any person in the custody of a warden
b. Indirect bribery or officer.
c. Qualified bribery a. Sexual harassment
d. Prevaricacion or negligence or tolerance in b. Abuses against chastity
prosecution of offenses c. Acts of Lasciviousness
d. Abuse of authority
153. What crime is committed by any public officer
or employee who shall agree to perform an act 160. Takes place whenever a person is killed during
constituting a crime, in connection with the a confusion attendant to quarrel among the
performance of his official duties, in consideration several persons not continuing a group and the
of any offer, promise, gift or present received by perpetrators cannot be ascertained.
such officer, personally or through the mediation of a. homicide
another. b. murder
a. Direct bribery c. death caused by tumultuous affray
 d. riots d. light coercion

161. Husband punched and kicked his pregnant wife 170. Any person who by means of violence shall
causing the death of their unborn child is guilty of: seize anything belonging to his debtor for the
a. parricide purpose of applying the same to the payment of a
b. abortion debt, is committing.
c. intentional abortion a. grave threat b. light threat
d. unintentional abortion c. light coercion d. graver coercion

162. A formal and regular combat previously 171. It is a felony wherein a person compels another
concerted between two parties in the presence of by means of force, violence or intimidation to do
two or more seconds of lawful age on each side, something against his will, whether right or wrong.
who make the selection of arms and fix all other
conditions. a. grave threat
a. riot b. light threat
b. duel c. grave coercion
c. tumultuous affray d. light coercion
d. mutilation
172. It includes human conduct, which although not
163. It is the lopping or clipping off some part of the productive of some physical or material harm
body, e.g. a woman cutting the penis of a male would annoy any innocent person
lover to deprive of the latter of its true. a. light threat
a. physical injury b. light coercion
b. duel c. unjust vexation
c. tumultuous affray d. grave coercion
d. mutilation
173. It is the taking of personal belonging to
164. What crime is committed by person who another, with intent to gain by means of violence
assaulted another, causing the latter to be absent against, or intimidations upon things of any
from work for two weeks? person, or using force upon anything.
a. mutilation a. robbery
b. serious physical injury b. theft
c. less serious physical injury c. brigandage
d. slight physical injury d. estafa

165. Committed by a man having a carnal 174. A stole thing from a locker by means of the key
knowledge with a child less than 12 years old. of the owner, what crime was committed?
a. rape a. a theft
b. acts of lasciviousness b. robbery
c. seduction c. possession of pick locks
d. abduction d. possession of false key

166. A private individual who detains another for 175. A crime committed by more than three armed
the purpose of depriving the latter of his liberty for malefactors who form a band for the purpose of
more than three days is guilty of: committing robbery in the highway or kidnapping
a. illegal detention persons for the purpose of extortion or to obtain
b. arbitrary detention ransom, or for any other purpose to be attained by
c. serious illegal detention means of force & violence.
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 d. d. theft
his victims to the jailer is guilty of what crime?
a. illegal detention 176. Committed by any person who with intent to
b. illegal arrest gain but without violence or intimidation of
c. unlawful arrest persons nor force upon things shall take personal
d. physical injuries property of another without latter’s consent.
a. robbery
168. Refers to a crime committed by any person b. kidnapping
who threatens another with the infliction upon the c. brigandage
person, honor or property of the latter or of his d. theft
family of any wrong amounting to a crime.
a. grave threat 177. A housemaid who was caught in the act of
b. light threat carting away the furniture of her employer would
c. grave coercion be charged of what crime?
d. light coercion a. theft
b. robbery
169. When a threat to commit a wrong not c. qualified theft
consulting a crime is made by another, what crime d. estafa
is committed?
a. grave threat 178. Altering the place of a mojon in the lot to
b. light threat insure that the property would be large when
c. graver coercion surveyed is a crime of:
 a. estafa
b. chattel mortgage 187. It is defined as a method fixed for the
c. usurpation apprehension and prosecution of person alleged to
d. altering boundaries or landmarks have committed a crime.
a. Criminal procedure
179. It is the willful damaging of another’s property b. Criminal jurisprudence
for the sake of causing damage due to hate, c. rules of court
revenge or other evil motive. d. rules of procedure
a. swindling
b. destruction of property 188. It refers to the authority or power to hear and
c. malicious mischief decided cases.
d. chattel mortgage a. Jurisdiction
b. b. Jurisprudence
180. What crime was committed by a married c. Venue
woman having carnal knowledge with a man not d. Territory
her husband?
a. adultery 189. It refers to the geographical division or
b. concubinage territorial limit where the power of the court is
c. acts of lasciviousness exercised and which is jurisdictional in criminal
d. seduction case.
a. Venue
181. A married man who allows his paramour to live b. Jurisprudence
in their conjugal dwelling is liable of what crime? c. jurisdiction
a. adultery d. court
b. concubinage
c. acts of lasciviousness 190. It is the authority to hear or try a case for the
d. seduction first instance.
a. Original jurisdiction
182. Lewd acts committed upon person of either b. Exclusive jurisdiction
sex not amounting to rape by using force or c. concurrent
intimidation. d. appellate jurisdiction
a. adultery 191. It is the sole authority to hear cases to the
b. concubinage exclusion of the others.
c. acts of lasciviousness a. Original jurisdiction
d. seduction b. Exclusive jurisdiction
c. appellate jurisdiction
183. A person who ripped the dress of a woman and d. concurrent jurisdiction
placed his penis over the woman’s genital organ is
liable for what crime? 192. Is that branch of municipal or public law which
defines crimes, treats of their nature and provides
a. rape for their punishment?
b. seduction a. civil law
c. forcible seduction b. procedural law
d. acts of lasciviousness c. criminal law
d. substantive law
184. Pedro was able to have carnal knowledge with
his girlfriend by promising the latter with marriage, 193. The following are sources of criminal law,
what crime was committed? EXCEPT:
a. seduction a. Act 3815
b. acts of lasciviousness b. City and municipal ordinance
c. abduction c. Special penal laws
d. none of the foregoing d. Constitution

185. Alfred directed his employee Luz to deliver 194. The Revised Penal Code serves as the primary
several pieces of jewelries to his Mother whom he source of criminal laws in the Philippines. It took
had misunderstanding. The latter however, effect on?
pawned the said jewelries and misappropriated the a. January 1, 1923
same. What would be the proper offense b. January 1, 1932
committed by Luz? c. December 8, 1930
a. swindling d. January 1, 1933
b. theft
c. robbery 195. The following are characteristics of classical
d. malicious mischief theory of criminal law, EXCEPT:
a. the basis of criminal liability is human free
186. Which of the following crimes does not will and the purpose of the penalty is
operates as an absolutory cause which could retribution.
serves as an exemption against members of the b. Man is essentially a moral creature with an
family from criminal ability in crimes against absolutely free will to choose between
properties. good and evil, thereby placing more stress
a. Robbery upon the effect or result of the felonious
b. theft act than the man.
c. malicious mischief c. there is scant regard to the human
d. estafa element.
 d. That man is subdued occasionally by Dr. Lylani S. Claro-Dela Cruz
strange and morbid phenomenon which College Dean
constrains him to do wrong, in spite of or
contrary to his violation.

196. Acts or omissions punishable by law are

crimes. What are acts committed or omitted in
violations of special laws?
a. felony
b. offense
c. misdemeanor
d. in fractional law

197. Basically, there are three fundamental

characteristics of criminal law. What characteristics
of criminal law states that criminal law is binding
on all persons who live or sojourn in the
Philippines?
a. Generality
b. Territoriality
c. Prospective
d. Retroactive

198. The following are the exemption to the rule of

Generality, EXCEPT:
a. Those who are subject of treaty stipulation
b. Those who are immune under the law of
preferential application
c. Those who are exempted under Public
International law
d. President, Prime Minister and Ambassador

199. Mr. A committed loitering within the vicinity of

Isetan Recto on January 12, 2009. June 12, 2009, a
city ordinance was passed punishing loitering
within the vicinity of Isetan Recto. Can A be held
liable for his act of loitering?

a. Yes, for there is a law passed punishing it

b. Yes, under the principle of retroactive
effect of criminal law
c. No, for the act was done prior to the
effectivity of the law
d. No, for a did not loiter again

200. Acts or omissions punishable by law are

crimes. What are acts committed or omitted in
violations of special laws?
a. felony
b. offense
c. misdemeanor
d. in fractional law

Prepared by:

Jessa G. Gutierrez, RCrim

College Instructor

Checked by:

Dr. Reymundo Sarac

Program Chair

Noted by: