Clj-Sfc-By Atty. JMF

APRIL 2023
SPECIAL FINAL COACHING ON CRIMINAL LAW AND

JURISPRUDENCE
By Atty. Jay M. Ferraro
7. The constitutional limitation of ex post facto law in the

1. The person is suspected of committing a crime which is
enactment of criminal laws simply means that our criminal law
punishable by imprisonment of at least 4 years, 2 months and
shall be applied
1 day. The person was not subject to warrantless arrest. How
a. retroactively
will you proceed with the case?
b. in favor of the accused
a. Report the matter to my superior and let them decide what
c. prospectively
to do with the situation.
d. In against the state
b. Exert effort to arrest a person even without a warrant for
the commission of a crime
8. Preliminary investigation is a matter of right when the
c. File a direct complaint with the prosecutor's office for inquest
penalty for the crime committed is ____________.
proceedings.
a. not exceeding six years of imprisonment
d. File a direct complaint with the prosecutor's office for
b. imprisonment at least 4 years, 2 months and 1 day
preliminary investigation.
regardless of fine
c. imprisonment in 4 years, 7 months, and 1 day regardless of
2. The PHASE in the commission of the crime when the person
fine
is from the point of beginning or within the point where he can
d. less than 4 years of imprisonment.
still decide to desist or continue the commission of the crime is
the __________ phase.
9. Police Officer JAKE arrested ACE without legal ground and
a. objective
without a warrant. JAKE committed the crime of
b. internal
a. Violation of domicile
c. subjective
b. Illegal arrest
d. external
c. Arbitrary detention
d. unlawful arrest
3. The accused in criminal proceedings has in his favor the rule
that criminal laws should be construed liberally in his favor
10. The crime committed a punishable by imprisonment of at
because ________
least 4 years 2 months and 1 day. The crime was committed in
a. of the requirement of observance of due process
the province. Where should the complaint be filed in order to
b. the prosecution has the burden of proof
initiate the criminal action?
c. the policies presumed to perform their duty with regularity
a. To file the complaint directly with the Municipal Trial Court
d. the accused is presumed innocent until proven guilty
b. At the police station for warrant arrest and inquest
proceedings
4. After the decision was rendered by the trial court, the
c. At the prosecutor’s office for the conduct of preliminary
accused found a new evidence. What remedy should the
investigation.
accused do based on the new evidence?
d. To file the information directly with the Regional Trial Court
a. file a motion for reconsideration.
b. File a motion for new trial.
11. Which of the following is NOT a secondary evidence?
c. File Notice for Appeal.
a. A testimony of witnesses as to the contents of the original
d. File Petition for Certiorari
b. A tape recorded recital of the content of the original
c. A recital of the contents of the original in an authentic
5. The declaration of an accused acknowledging his quilt of the
document.
offense charged, or of any offense necessarily included therein
d. A copy of the original document.
is ______.
a. liability
12. What is the rule in evidence which states that when the
b. confession
terms of an agreement have been reduced to writing it
c. admission
considered as containing all the terms agreed upon and there
d. responsibility
can be between the parties and their successors in interest no
evidence of the written agreement?
6. A police officer testifying in court is allowed to refer to his/her
a. Secondary evidence
notes or memorandum ______.
b. Best evidence rule
a. to help him in the prosecution of the case
c. Exclusionary rule
b. in order to refresh his memory
d. Parol evidence rule
c. as It is his right as a police officer
d. as his codigo aid his personal record
13. The form of evidence that is subject to the senses of the
court is evidence.
a. Physical
b. Object
c. Real
d. All of these
1|P age AMICI REVIEW CENTER

c. Even if it is not corroborated by evidence of corpus delicti
14. The crime committed is punishable by imprisonment of 4 d. Whether or not corroborated by evidence of corpus delicti
years and 2 months and less. The crime was committed in the
province where should the complaint be filed in order to initiate 22. Which among the following is not considered as authorized
the criminal action? person to file the complaint before the Municipal Trial Court?
a. May file the complaint directly with the Municipal Trial Court a. Any peace officers
b. At the police station for warrantless arrest and inquest b. Any law enforcement officer authorized by law
c. My file information directly with the regional trial court c. Offended party
d. At the prosecutor's office for the conduct of in preliminary d. The witness to the crime committed
investigation 23. Which of the following is not hearsay
15. Which of the following circumstances makes the evidence a. A testimony of a witness concerning the letter he received
incompetent? from somebody
a. Evidence obtained in accordance with the constitution b. The information received by a police officer from the
b. Evidence obtained through third-degree method of neighborhood regarding the existence drug dens in the area
investigation c. The affidavit of a witness who was not presented to the
c. Evidence obtained in accordance with the law or statute witness stand for cross examination
d. Evidence obtained in accordance with the rules d. The statement given by the informant to the police officer
16. A person who is lawfully arrested may be searched for 24. The act or omission of a person who after hearing or seeing
anything ________. something that requires him/her to do comment if is not true
a. What the police at its discretion as deemed to be proper and was given the opportunity is_____________.
b. Even if not connected to the commission of the offense a. Admission
c. Which may have been used or constitute proof in the b. Admission against interest
commission of an offense c. Confession
d. That may be ordered by the court at its discretion d. Admission by silence
17. What is the purpose why an independent relevant evidence 25. Which of the following situations is not a valid search
is admitted by the courts? warrant a warrant
a. To show that the certain fact occurred whether true or not a. Search in plain view
b. To prove to the court the allegations b. Search incidental to stop and frisk
c. To prove that the fact is true c. Search other discretion of a police officer
d. To prove that the fact is not true d. Search incidental to lawful arrest
18. In order that the person accused of a crime should be 26 HARDEN after trial was found guilty a despicable act
bound to answer the accusations against him, what should the however the court found out that there is no law punishing the
police officers do? said act. May the court punish HARDEN any penalty which is
a. Wait for the issuance of the warrant of arrest deemed appropriate
b. Let the court proceeding take its course and allow issuance a. Yes. The committed is despicable that is should be punished
of warrant. b. No. The law cannot punish because the court does not know
c. Arrest the person accused of a crime even without a warrant the applicable law
d. Do the arrest only when requested by the offended party c. No. The law cannot punish an act if at the time it was
committed it is not yet punishable.
19. Venue in criminal case refers to the place __________. d. All of these
a. Of trial where the parties agree
b. Where the trial court designates 27. An act or omission punishable by the Revised Penal Code
c. That occurred jurisdiction over the case is
d. Where the crime was committed a. Act or omission
b. Offense
20. Our criminal law may be applied extraterritoriality which c. Felony
simply means that ________. d. Crime
a. Our criminal law may be enforced by another sovereign
b. Our criminal law may be applicable even outside of our 28. When the search and seizure conducted by the police is
territory based on a search warrant these presupposes that the search
c. Foreigners here in our country may be charged for violations and seizure
of our criminal law a. Maybe questionable
d. Those accused of crime may be arrested even outside of our b. Is without probable cause
territory c. Violates the right of the person to privacy
d. Is with legal ground
21. The extrajudicial confession of an accused is sufficient for
conviction 29. What is the right that the accused my invoke during trial to
a. Provided that it is freely intelligently and voluntarily given avoid statement against himself?
b. When it is corroborated by evidence of corpus delicti a. Right not to be a witness for his behalf

b. Right against self-incrimination a. The acts performed would produce the felony as a
c. Right to assistance of counsel consequence
d. Right to remain silent b. But the felony is not produced
c. By reason of spontaneous desistance of the accused
30. The power of authority to hear and decide a case is d. The offender performs all acts of execution
_______
a. Judicial 38. The accused with lewd design brought the woman who is
b. Jurisdiction a minor in a secluded place but with the consent of the latter.
c. Venue The accused is liable for the crime of ________.
d. Mandate a. Simple seduction
b. Forcible abduction
31. The reading of the decision of the court convicting the c. qualified abduction
accused appears to be not based on evidence on record or d. Consented abduction
applicable law. What remedy should the accused do in the hope
that the court may reverse its decision? 39. Rebellion and coup d' etat when committed by military
File a motion for reconsideration personnel will subject them to court martial proceedings. What
b. File a Notice of Appeal. is the nature of court martial proceedings?
c. File a motion for new trial a. civil administration
d. File a petition for certiorari b. Administrative
c. Sui generis
32. In arbitrary detention it is required that the offender must d. Criminal
be a ________
a. Person in authority or agent 40. The process required to determine probable cause based
b. Any person on direct filing of a complaint so that the information may be
c. A public officer or employee filed in court is _________.
d. Private individual a. Ex- parte examination of the complaint
b. Preliminary investigation
33. The venue to hear criminal cases may be changed when c. Inquest proceedings
the d. Judicial determination of probable cause
a. Prosecution and the accused agree
b. Complaint opted to change it 41. During arraignment, the accused is required to enter his
c. Trial court so ordered plea so that the accused may intelligently understand the
d. Supreme Court so ordered consequences of his plea, what is the mandatory requirement
in entering the plea?
34. When a Filipino kills a Chinese on board a vessel bearing a. The accused should be assisted by his witnesses.
the flag of Mexico while the vessel is in the Philippines waters. b. The accused should be assisted by the court of competent
May the criminal law of the Philippines apply? jurisdiction
a. Yes, the Philippine criminal law is applicable c. The prosecution should offer lower and irresistible offer
b. Yes, since the offender is a Filipino d. The accused should be assisted by competent and
c. No. It is the Mexican criminal law that applies independent counsel.
d. No, the Philippine criminal law is not applicable.
42 Mistake of facts is distinguished from mistake in identity in
35. If the crime is committed in the province and the penalty that in mistake of facts the _________
thereof is or that does NOT require preliminary investigation, a. Offender has the intention to commit the crime
the complaint shall be filed b. Accused is certain about who is the victim
a. Directly with the appropriate Municipal Trial Court c. Accused is without intention to commit a felony
b. At the prosecutor’s office for inquest proceedings d. Offender is related the victim
c. Directly with the appropriate Regional Trial Court
d. In the Barangay first for conciliation proceedings 43. When a crime is committed on board a US warship while it
is on Philippines waters the __________
36. To produce conviction, the extra judicial confession must a. Philippine criminal law shall not be applicable
be supported by __________. b. Us military law shall be applicable
a. The testimony of the counsel who assisted during the c. Us criminal law shall be applicable in our courts
investigation d. Philippine criminal law shall be applicable
b. The testimony of the accused affirming his extrajudicial
confession 44. The person was arrested without a warrant for the crime
c. The testimony of the investigation officer who obtained the the penalty of which is imprisonment of at least 4 years, 2
confession months and 1 day. He asked for preliminary investigation. What
d. The presentation of corroborative evidence of corpus delicti is required of the person arrested in order that preliminary
investigation may be conducted?
37. The following are elements of FRUSTRATED stage in the a. He should ask for the presence of a counsel while being
commission of the crime, EXCEPT ________. detained.

b. He should ask for his right to remain silent in the course of d. The weakness of the accused's evidence
the preliminary investigation
c. He should ask his right to be informed of the nature of the 52. The new and independent act which is the immediate cause
cause and accusation against him. of the injury which breaks the connection between the original
d. He should waive his right under Article 125 of the Revised wrong and the injury is referred to as the _______ cause.
Penal Code a. Effective intervening
b. causal connecting
45. When a case is filed in this court, bail is a matter of right c. Efficient intervening
before or after conviction, which court is it? d. efficient connecting
a. Regional Trial Court
b. Municipal/Metropolitan Trial Court 53. LINO saw ACE with an angry expression on his face while
c. Court of Appeals holding a firearm moving towards his direction. When ACE was
d. Sandiganbayan already near him, LINO picked up a 2x2 hard wood and hit ACE
on both his arms, resulting injuries to the latter. It was revealed
46. ACE is a police officer. He arrested Jake without a warrant during the investigation that ACE is without bad intention
for a crime which is considered as less grave offense. For ACE against LINO. LINO was charged for serious physical injuries.
to be Not liable for the crime of arbitrary detention, he must This situation fits the principle of __________
deliver JAKE to proper judicial authorities within ________ from a. mistake in identity
the time of the arrest. b. mistake in the blow
a. 12 hours c. mistake of facts
b. 18 hours d. Ignorance of the law
c. 36 hours
d. 32 hours 54. Which of the following illustration BEST exemplifies the
concept of complex crimes?
47. The crime committed when a person killed his/her a. HARDEN wanted to kill CURRY. HARDEN set the house of
illegitimate daughter who is a minor under the circumstances CURRY resulting to the death of CURRY.
provided by article 247 is ________ b. HARDEN steal the chicken of CURRY, while at it, took the
a. Infanticide chicken of PAUL and that of DURANT.
b. Murder c. HARDEN killed CURRY, after a week, raped PAUL, and later
c. Homicide steal the Chicken of DURANT.
d. Parricide d. HARDEN wanted to kill CURRY. He threw a grenade against
CURRY. It killed CURRY and Injured DURANT.
48. The constitutional limitation of bail of attainder in the
enactment of criminal laws simply means that our criminal law 55. Exclusion of evidence simply means
shall _____________. a. None of these
a. decrease the imposed penalty to favor the accused b. that evidence obtained unlawfully shall be excluded by the
b. Imposed the penalty even without hearing and trial Court and not admitted
c. Applied the penalty only sparingly in favor of the state c. that evidence which are testimonial but objectionable shall
d. Impose the penalty only after due hearing and trial be excluded
d. That witnesses not subject for examination should be
49. The prosecution shall offer in evidence its documentary excluded from the court
evidence ________
a. at any time the prosecution may deep proper at its discretion 56. A person who is committing an act in violation of a special
to offer penal law is committing ______
b. After the presentation of testimonies of witnesses have been a. a crime
terminated b. An offense
c. None of these c. A felony
d. After the presentation of the witnesses of the defense are d. an act or omission
terminated
57. What is this STAGE in court proceedings where the
50. The crime of adultery is committed by any married woman prosecution and accused may agree on matters that will
who shall _______ promote a fair and expeditious trial of the case?
a. Have sexual intercourse with a man under scandalous a. Trial Proper
circumstance b. Preliminary investigation
b. enter into marriage with another man other that her husband c. Inquest proceedings
c. Have sexual intercourse with a man is not her husband d. Pre-trial
d. live in conjugal dwelling with a man who is not her husband
58. A Filipino killed a Chinese on board a vessel bearing the flag
51. Because the burden of proof rests with the prosecution, the of Mexico while the vessel is in Philippine territorial waters,
duty to convict the person belongs to _________ should the criminal law of the Philippines apply?
a. None of these a. No, because the crime was committed board a Mexican
b. The strength of the prosecution's evidence vessel.
c. The court’s discretion based on evidence

b. Yes, because the crime was committed within the Philippine period allowed by the rules. What should the police officer in
territory. custody of the detained person do?
c. Yes, because the offender is a Filipino. a. The police should not release the person: otherwise
d. No, because the offended party is a Chinese. he will be administrative liable.
b. The police should release the person from detention
59. What is the form of evidence consisting of letters, symbols, even without the order from the prosecution.
numbers or any inscription? c. The police should not release the person subject to
a. Parole evidence the receipt of the order of the court
b. Original evidence d. None of this
c. Best evidence
d. Documentary evidence
punishable by imprisonment of at least 4 years, 2 months and
1 day. The person was not subject to warrantless arrest. How
60. The following are sources of criminal law EXCEPT _______
will you proceed with the case?
a. Special Laws
a. Report the matter to my superior and let them decide
b. Ordinance
what to do with the situation
c. Special Penal Laws
b. Exert effort to arrest a person even without a warrant
d. Revised Penal Code for the commission of a crime
c. File a direct complaint with the prosecutor's office for
61. The questioning initiated by law enforcement authorities inquest proceedings.
after a person is taken into custody or otherwise deprived of d. File a direct complaint with the prosecutor's office for
freedom of action is ___________. the preliminary Investigation
a. Illegal detention
b. arbitrary detention 68. The accused is criminal proceedings has in his favor the
c. custodial investigation rule that criminal laws should be construed liberally in his favor
d. preliminary investigation because ______________.
a. Of the requirement of observance of due process
62. The authority to enact national penal statutes is lodged in b. The prosecution has the burden of proof
the _________ c. The police is presumed to perform their duty with
a. Respective Sanggunian of LGUs regularity.
b. Respective Mayors of LGUs d. The accused is presumed to perform their duty with
c. Congress of the Philippines regularity.
d. Trial courts in the Philippines
69. The crime committed as punishable by imprisonment of at
least 4 years, 2months and 1 day. The crime was committed In
63. What of the foregoing statement refer to "corpus delicti"?
Metro Manila or Chartered Cites. Where the complaint should
i. corpus delicti is the body or substance of the crime.
be filed in order to initiate the criminal action?
ii. corpus delicti is the fact that a crime has actually been
a. To file the complaint directly with the municipal trial
committed.
iii. corpus delicti is the body of the person who is a victim court.
of the homicide or murder. b. At the police station for warrantless arrest the inquest
a. II, III proceedings
b. I, II c. At the prosecutor's office for the conduct of
preliminary investigation
c. I,III
d. I, II, III d. To file the Information directly with regional trial court
64. What is the crime committed If the offender killed a person 70. When a person is called to testify in court as an accused,
whose age is LES5 12 years of age? on what matters may the prosecution cross examine the
accused?
a. Homicide, in the absence of any qualifying
circumstance under Article 248. i. In matters that was only touched upon in the direct
b. Murder, if not attended by circumstance under article testimony.
246. ii. In matters surrounding the circumstances of the crime
c. Murder, even if the offender ls any of the parent. committed
d. Parricide, regardless of relationship by consanguinity. iii. In all matters that will test the credibility of the
testimony
65. As a general rule, what does the constitution provide a. I, II, III
in so far as search and seizure is concern? b. I, II
c. II. III
a. Search must be done by the police only.
d. I III
b. Search must be upon order of the court
c. Search must be conduct when where is a warrant
71. If a person commits an act or omission which is provided
d. Search must not deprive the person of his property
by Revised Penal Code as amended or modified, the crime
e.
66. The person was arrested without a warrant. His request for committed or omitted is _________.
preliminary investigation was granted. However, the conduct a. Crime
of preliminary was not terminated and it already exceeded the b. Ordinance
c. Offense

d. Felony
79. From the forgoing situation, suppose that DURANT has
72. Ped Xing Is a Chinese citizen who killed a Filipino on board personal knowledge for the crime committed. However,
a Philippine commercial vessel on the high seas, based on the DURANT has been previously convicted for the crime of
given situation, based on territorially principle, Philippine Robbery. Which of the following statement BEST described the
criminal law ls qualities of DURANT as a witness?
a. Not applicable because the crime was committed a. He is not competent to testify because of his previous
outside of the Philippines territory conviction
b. Not applicable because the offender is not a Filipino b. He is not qualified to testily because of his previous
c. Applicable in this situation although the crime was conviction
committed on the high seas. c. He is qualified to testify subject to the approval of the
d. Applicable even if the crime was committed by a crime
Chinese. d. He is qualified to testify despite his conviction of the
crime of robbery
73. JAKE was convicted for several crimes: homicide, the
penalty Imposes is minimum of 6 years and 1 day to 8 years: 80. From the forgoing situation, suppose that DURANT is
physical injury... 6 months and 1 day to 6 years: and parricide, merely 6 years old which of the following statements BEST
the penalty is Reclusion Perpetua. Jake should server describes the qualification of DURANT as a witness?
successive of sentence by serving first the penalty a. He is qualified so long that he can express his thought
of______________. before the court
a. Any of the conviction b. He is not qualified because a minor is susceptible of
b. 4 years and 1 day to 6 years being coached by lawyers
c. 6 years and 1 day to 8 years c. He is not qualified because he ls still a minor
d. Reclusion Perpetua d. He is qualified because he can perceive and perceiving
can convey his perception to another
74. What is this right that accused may invoked during trial to
avoid statement against himself? 81. From the foregoing situation, suppose that DURANT merely
a. Right not to be a witness for hi behalf heard from KERR the Information that it was CURRY who killed
b. Right against self-incrimination NANCE. Which of the statement below CORRECTLY describes
c. Right to assistance of counsel the admissibility of DURANT's testimony?
d. Right to remain silent a. The testimony Is admissible if only supported by other
evidence
75. Which of the following are NOT among the exceptions to b. The testimony is not admissible as it is a declaration
the Hearsay evidence? against interest.
a. learned treatise c. The testimony is admissible only as independent
b. Commercial lists relevant statement
c. Dead man statute rule d. The testimony Is not admissible as it serves only his
d. Entries in official records own interest
76. The process required to determine probable cause based 82. From the foregoing situation, suppose that DURANT merely
on direct fling of a complaint so that the information may be heard from KERR the Information that is was IAMES who killed
filled in court is NANCE. which of the statement below CORRECTLY describes
a. Ex-parte examination of the complaint the admissibility of DURANT's testimony?
b. Preliminary Investigation a. It is not admissible for being Independent relevant
c. Inquest proceedings statement
d. Judicial determination of probable cause b. It is admissible if it is supported by evidence of corpus
delicti
77. The party is deemed to have rested its case c. It is admissible if DURANT is qualified as a witness
d. It is not admissible for being hearsay evidence
a. Once the parties agreed as stated in the pre trial
b. As may be ordered by the court Situation
c. After the court ruled on the formal offer of evidence PO3 CARDO (Ang Pulis Probinsiyano) apprehended WALDO due
d. After the prosecution has offered its evidence to vehicular traffic incident.
83. From the foregoing situation, supposed that WALDO
78. Conclusive presumption is also known as "presumption ignores the authority of PO3 CARDO. The latter reacted by
Juris et de Jure"; disputable presumption is ___________. angrily staring at WALDO. Which of the following crime may
a. Presumption of regularity PO3 CARDO be liable?
b. Dying declaration a. Grave correction
c. Presumption of Innocence b. Light threats
d. Presumption juris tantum c. Less grave coercion
d. Grave threats
SITUATIONAL
STUATION 1-CLARKSON is an investigator. CURRY is the 84. From the foregoing situation, suppose that PO3 CARDO
suspect. NANCE is the victim with STAB WOUNDS. The draws his firearms and discharged It in the air because he saw
identified witness to the crime committed is DURANT.

WALDO running away from the area of the Incident. Which of 90. From the foregoing situation, supposed Jaybee
the following crime may PO3 CARDO be liable? escaped through his own efforts from PAKULO through his
a. illegal discharge of firearm – new law (RA 11926) no own efforts without giving consideration to Franklin and
longer alarms and scandal Jonel. Did Jaybee commit any crime?
b. Grave coercion a. Yes, for failure to honor is bail bond
c. Alarms and scandals b. No, as he did not bribe Franklin and Jonel
d. Grave threats c. Yes, delivery of prisoner from jail
d. Yes, for evasion of service of sentence
85. From the foregoing situation, suppose that P03 CARDO
draws his firearm, point it to WALDO, discharged It without SITUATION 4-Hipollto was brought to the police station by
intent to kill WALDO, and without hitting WALDO. Which of the Corporal Cardo Dallsay for the crime of rape. While being
following crime may PO3 CARDO be liable/ investigated, Hipolito remained silent.
a. Attempted homicide 91.From the foregoing situation, what is the effect of Hipoli to's
b. Attempted murder remaining silent while being Interviewed by the police in
c. Illegal discharge of firearm connect with the crime committed?
d. Attempted serious physical Injury a. Hipollto should answer after all evidence he gave will
be inadmissible
86. From the forgoing situation, suppose that PO3 CARDO b. Hipollto is within his constitutional right to remain
points the firearm to WALDO and discharge it but without intent silent
to kill.it did not hit WALDO, however, It hit ARIANNE,THE c. Hipolito may sill answer even when there is a counsel
GIRLFRIEND of WALDO,ARIANNE suffered a fatal Injury but provided to him
survived. Which of the following crime is PO3 CARDO liable? d. Hipolito silence is deemed admission of guilt.
a. Frustrated homicide
b. Serious physical injury 92. From the foregoing situation, which of the following is the
c. Frustrated murder reason why Hipolito may or may not remain silent?
d. Illegal discharge of firearm a. Any statement made by Hipolito will be deemed
inadmissible anyway
SITUATION 3- FRANKLIN is the warden of the Pambansang b. Hipolito Is already under custodial investigation
kulungan ng mga Lords (PAKULO) PETER is a detainee, JAYBEE c. Hipolito may speak whether or not assisted by a
is a convict. JONEL is a Custodial Guard. counsel.
87. From the foregoing situation, suppose that LEILA a very d. Hipolito Is not yet under custodial investigation
influential private individual arranged with FRANKLIN and
JONEL the escape of PETER in exchange for certain 93. From the foregoing situation, when should the Hipollto be
consideration, PETER Indeed escaped. Which of the following Informed of Miranda Rights?
crime may be committed by FRANKLIN and JONEL? a. Before he ls put Into custody
a. Direct bribery resulting in evasion od service of b. After he was asked any questioned related to the
sentence crime he was arrested for
b. Direct bribery resulting and infidelity in the custody of c. Immediately after he is arrested
the prisoner. d. When he is already assisted by a council of his choice
c. Conspiracy to the crime of evasion d service of or as provided for.
sentence
d. Infidelity In the custody of prisoner through 94. From the foregoing situation, jurisprudence declares that
negligence the suspect may waive the right to remain silent under the
following, EXPECT must be
88. From the foregoing situation, supposed Peter escaped a. In the presence of counsel
through his own efforts from PAKULO through his own efforts b. In writing
without giving consideration to Franklin and Jonel. Did Peter c. Before the prosecutor's office
commit any crime? d. After the Miranda rights was given to him
a. No, not yet for the crime of delivery of prisoner from
SITUATION 5-Pinuno is the Philippine Ambassador deployed
jail
b. No, he did not commit any crime under RPC to the Republic of Japan
c. Yes, from the crime of delivery of prisoner from jail 95. From the foregoing situation, suppose that while in the
d. Yes, for the crime of evasion of service of sentence performance of his office, Pinuno committed an act punishable
under Philippine penal laws, the characteristics of criminal law
89. From the foregoing situation, supposed Jaybee escaped be to be applied should be
through his own efforts from PAKULO through his own efforts a. Generality
without giving consideration to Franklin and Jonel. What is the b. Extra-territorial (par. 4, Art. 2, RPC)
crime committed by Franklin and Jonel? c. International law
a. Conspiracy to the crime of evasion of service of d. Territoriality
sentence
b. Conspiracy for the crime of evasion od service of 96. From the foregoing situation, suppose Pinuno is Japanese
sentence and the Ambassador of Japan to the Philippines. Outside the
c. Delivery of prisoner from Jail performance of his public office, Pinuno committed an act
d. Infidelity in the custody of prisoner which is punishable under Philippine law, the characteristics of
criminal law to be applied should be

a. Prospectivity 103. To constitute as a crime of Kidnapping and Serious illegal
b. Generality Detention, one of the elements is that the offender must kidnap
c. Extra-territorially or detain the offended person for ___
d. Territoriality A. 3 days or less
97. From the foregoing situation, suppose that Pinuno is just B. 3 days
an ordinary embassy employee in Japan. He committed a crime C. at least 3 days
in connection with the performance of his official function the D. more than 3 days
act complained of is not yet punishable at the time it was
committed. Under our penal system, the applicable 104. A and B took the cellphone from C with intimidation. PSSG
characteristics of criminal law are D responded and exchanged gunfire with A and B. Fortunately,
a. Territoriality PSSG D hit B resulting to the death of the latter. What is the
b. Internationality crime committed by A, if any?
c. Prospectivity A. robbery with reckless imprudence resulting to homicide
d. Generally
B. robbery with homicide
C robbery and homicide
98. From the forgoing situation, suppose that Hipolito in the
D. robbery with reckless Imprudence resulting to murder
commission of the crime of murder against Erika, ensured that
Erika cannot retaliate or cause harm against the former, what
105. The requirement of violence against or intimidation of
is the applicable modifying circumstance?
persons in the crime of robbery present
a. Exempting
A. before and after the taking of personal property
b. Aggravating
c. Alternative B. before the taking of the personal property is complete
d. Mitigating C. after the taking of the personal property from the offended
person
99. From the forgoing situation circumstance, suppose that D. in all of these
Hipolito used the presence of a 4 of his relatives to ensure that
Erika cannot retaliate against Hipollto at the time he Inflicted 106. A took the cellphone from B with intimidation. A speed
physical Injuries against Erika, what is the applicable modifying away using his motor vehicle which run over D, the daughter
circumstances? of A, resulting to the death of the latter. What is the crime
a. Exempting committed by A, If any?
b. Mitigating A. robbery with reckless Imprudence resulting to parricide
c. Alternative B. robbery with parricide
d. Aggravating C. robbery with reckless imprudence resulting to homicide
D. robbery with homicide
100. From the foregoing circumstance, suppose that Erika is a
woman Hipolito took advantage of his position as he is also a 107. The element of using force upon things in the crime of
police officer so that she was able to have carnal knowledge Robbery requires that
against the will of Erika. What is the applicable modifying A. there must be breaking of things inside the house or building
circumstance? B. the offender must have entered the house or the building
a. Exempting C. the offender must not have entered the house or the building
b. Mitigating D. All of these
c. Aggravating
d. Alternative 108. The act or omission punishable by the Revised Penal Code
is a ___
101. For the foregoing situation, suppose that despite due
A. Crime
diligence and without Intention to commit a crime and without
B. felony
fault, the act of Hipolito resulted to physical injuries against the
C. act or omission
person of Erika, what is the applicable modifying circumstance
D. offense
In this case?
a. Aggravating
109. Which is the law enacted by Congress that imposes a
b. Alternative
penalty, other than the Revised Penal Code?
c. Exempting
d. Mitigating A. Statute
B. Ordinances
102. HULK deprived TIM YEUNG of his liberty. HULK is a private C. Special Penal Laws
individual. TIM YEUNG is a government employee. The D. Criminal Code
investigation revealed that the deprivation of liberty is without
legal ground and for a period of more than 3 days. What is the 110. Which of the following is NOT a source of criminal law?
crime committed by HULK? A. Ordinances
A. Serious Illegal Detention B. Special Penal Laws
B. Unlawful Arrest C. Revised Penal Code
C. Arbitrary detention D. Resolution
D. Violation of domicile

111. When the criminal law appears to be capable of being D. He is not qualified because he is still a minor
given interpretations which seem to favor or against the
accused, such law shall ____. 119. What is this opinion of a witness on a matter requiring
A. be declared unconstitutional special knowledge, skill, experience or training?
B. not be enforced against the accused. A. Opinion of specialists
C. be interpreted in favor of the accused. B. Opinion of the court
D. be interpreted in favor of the police C. Opinion of expert witness
D. Opinion of an ordinary witness
112. The following are elements of frustrated stage in the
commission of the crime, EXCEPT__. 120. Accused was charged for homicide. He interposes the
A. the acts performed would produce the felony as a justifying circumstance of self defense. In such case, the
consequence burden of proof__.
B. by reason of spontaneous desistance of the accused A. shifts to the accused
C. the offender performs all acts of execution B. upon the discretion of the court
D. but the felony is not produced C. rests to whoever presents the evidence
D. still belongs to the prosecution
113. Our criminal law may be applied extraterritorially which
simply means that 121. The new and independent act which is the immediate
A. our criminal law may be applicable even outside of our cause of the injury and which breaks the connection between
territory the original wrong and the injury is referred to as the ____
B. those accused of crime may be arrested even outside of our cause.
territory A. effective intervening
C. foreigners here in our country may be charge for violation B. efficient connecting
of our criminal law D. our criminal law may be enforced by C. causal connecting
another sovereign country D. efficient intervening
114. Which is NOT the qualification of the witness? 122. A is charged of a crime in violation of RA 9262 (Anti-
A. That the person can recollect such perception from memory Violence Against Women and Their Children). What is the
B. That he should not be convicted of a crime nature of the crime committed by A?
C. That the person can perceive A. Mala in se
D. That the person can store in his memory such perception B. Revised Penal Code
c Special Penal Law
115. Which is this acknowledgment of guilt by the person made D. Mala Prohibita
before a police officer during the conduct of an official
investigation? 123. What is this PHASE in the commission of the crime where
A. extra judicial admission person did not stop the commission of the crime because of
B. Judicial admission spontaneous desistance or because of the presence of the
C. Extra Judicial Confession police until he performs all the acts of execution but does not
D. Judicial Confession produce the felony?
A. Internal
116. The accused may prove his good moral character which is B. External
A. of the knowledge of the court C. Objective
B. pertinent to the moral trait involved in the offense charged D. Subjective
C of judicial knowledge
D. necessary to prove his innocence of the crime charge 124. When a Filipino killed a Chinese on board a vessel bearing
the flag of Mexico while the vessel is in Philippine waters or
117. The following are the elements of dying declaration, territory, may the criminal law of the Philippines apply?
EXCEPT the _____. A. No, because the killing happened on board a Mexican
A declarant must eventually die registered vessel.
B. declaration is in connection with a starting occurrence or B. Yes, because the offender is a Filipino citizen.
equivocal actions C No, because the offended party is a Chinese citizen.
C. declaration pertains to facts or circumstances surrounding D. Yes, because the killing happened within the Philippine
the declarant's death waters or territory
D. the declarant is competent to testify
125.JAYSON killed ABBY by also ensuring that ABBY cannot
118. A is merely 6 years old. Which of the following statements retaliate or cause harm against him. Which is the applicable
BEST describes the qualification of A as a witness? modifying circumstance?
A He is qualified so long that he can express his thought before A Alternative
the court B. Exempting
B. He is not qualified because a minor is susceptible of being C. Mitigating
coached by lawyers D. Aggravating
C. He is qualified because he can perceive and perceiving can
convey his perception to another

126 What is this Justifying circumstance wherein the accused, C cumulative
in making the defense, must not be induced by revenge or ill D. relevant
motive?
A. Defense of stranger 134. When the witness affirms that a fact did or did not exist
B. Self defense of relative or occur, this is referred to as ____evidence.
C Defense of relative A. presumptive
D. Self defense of stranger b. negative – did not see or know
127. In killing EMERSON, HIPOLITO used the presence of 4 of C. positive
his relatives to ensure that EMERSON cannot retaliate against D. conclusive
him. Which is the applicable modifying circumstance?
A Mitigating 135. Which is NOT an absolute extinction of criminal liability?
B. Alterative A Death
C. Exempting B. Full service of sentence
D. Aggravating c. Conditional Pardon
D. Amnesty
128. When is the testimony of the witness being offered?
A. At the discretion of the counsel at any time of the 136. Which is the crime committed considered as GRAVE
proceedings Felony?
B. At the time the witness is called to testify A. The crime committed has a penalty of imprisonment is at
C. At the time the witness Identifies the exhibits or evidence least 6 years and 1 day.
D. After the presentation of the testimonies of the witness B. The crime committed has a penalty of imprisonment of not
exceeding 30 days
129. The following are the instances in which the testimony of C. The crime committed has a penalty of imprisonment ranging
the witness may be impeached, EXCEPT by _________. from 30 days and 1 day to your
A. evidence that the general reputation of the witness for truth, D. The penalty for the committed is imprisonment of reclusion
honesty or integrity is bad temporal
B. contradictory evidence
C evidence that the witness has made at other times 137. One injury produced when a person is committing a crime
statements inconsistent with his present testimony is ______ injury.
D. evidence of the witness wrongful acts A physical
B. state
130. The obligation to present its witness first belong to the c. community
accused, if _______. D. social
A the accused agrees to it.
B. None of these 138. Which is NOT damages that can be recovered in a criminal
C. In case the accused invokes self-defense case?
D. If upon the order of the court A. temperate
B. exemplary
131. Which of the following is not a public document? C actual
A Documents acknowledged before a notary public D. social
B. Notarized last wills and testaments
C Public records, kept in the Philippines, of private documents 139. A police officer entered the house of another. There is a
required by law signage prohibiting anyone to enter without the permission of
D. The written official acts, or records of the official acts of the the owner. When can the police officer be liable for violation of
sovereign authority domicile?
A. He will be liable only once the owner noticed his entry
132. When is authentication of a private document which is without consent.
offered in evidence NOT required? B. He will not be liable unless told to leave by the owner of the
i - When it is offered as an authentic document house.
ii- When it is more than 30 years old, produced from a custody C. He will be liable unless the owner gives his consent once
in which it would naturally be found if genuine, and is discovered
unblemished by any alteration or circumstance of suspicion D. The police officer will be liable the very moment of his/her
iii- When it is less than 30 years old at the time of its entry
presentation
A. i , ii 140. One of the MOST essential elements of arbitrary detention
b. ii, iii is the _______.
c. i A detention for the purpose of filing a case
d. ii B. detention without the consent of the person
C. detention without a warrant or legal grounds
133. The evidence of the same kind and tending to prove the D. detention with a questionable warrant
same facts is ___ evidence.
A. direct
b corroborative – different character
10 | P a g e AMICI REVIEW CENTER

141. A, a police officer, arrested B without a warrant for the 148. What is this exempting circumstance wherein the basis of
commission of a crime. Which is NOT one of the elements that exemption is the age of the offender?
will constitute arbitrary detention? A. Age of absolute criminal irresponsibility
A. A is a public officer or employee. B. Age of mitigating criminal irresponsibility
B. B is suffering from violent Insanity C Age of imbecility and insanity
C. A arrested B without a warrant D. Age of justifying criminal responsibility
D. A's detention of B is without legal ground. 149. In the exempting circumstance of compulsion of
irresistible force, the irresistible force must be in the form of
142. A entered the house of B since the door is open. A took ______.
the cellphone of B. When A was about to leave the house, B A. intimidation
arrived and discovered that his cellphone has been taken by A. B. physical fear
The latter brandished a knife against B and was able to speed C spiritual force
away. Which is the crime committed by A? D. physical force
A Theft
B. Qualified theft 150. What is this Justifying circumstance wherein the person
C Robbery with intimidation of person assaulted is related to the accused by consanguinity within the
D. Robbery with violence against person. fourth degree?
A Defense of relative
143. The accused with lewd design brought the woman who is B. Self-defense
a minor in a secluded place but with the consent of the latter. C Defense of stranger
The accused is liable for the crime of ____. D. Parricide defense
A simple seduction
B. qualified abduction 151. A committed a grave offense, B arrested A without a
C forcible abduction warrant. Due to the distance from the place of arrest to the
D. consented abduction – if minor is under 12 (forcible office of the Provincial Prosecutor, the Information was filed
abduction) more thanthree days after the arrest. A remained under the
custody of the police. Suppose that you are B and you are
144. Which are the elements of Bigamy? charged with arbitrary detention under Article 125 of the
I- That the offender has been legally married. Revised Penal Code. How would you defend yourself?
II- That the marriage has not been legally dissolved. A. I will invoke the defense of lawful and insuperable cause
III- That the offender contracts a second or subsequent B. None of these
marriage. C. I will invoke the defense of performance of a lawful order
IV-That the second or subsequent marriage has all the D. I will invoke the defense of lawful performance of duty
essential requisites for validity.
A. I, III, AND IV 152. Which of the foregoing statements refer to "corpus
B. I, II AND III delicti"?
C. I, II, III, AND IV i. corpus delicti is the body or substance of the crime.
D. II, III AND IV ii. corpus delicti is the fact that a crime has been
committed.
145. Which are elements of defamation? iii. corpus delicti is the body of the person who is a victim
I- There must be imputation of a crime, or of a vice or defect, of the homicide or murder.
real or imaginary. a. II, III
II- That the imputation must be made publicly. b. I, II – 3rd (actual commission of the crime)
III - That it must be malicious c. I,III
A. I and II d. I, II, III
B. I and III
C. I, II, III 153. What is the crime committed If the offender killed a
D. I and III person whose age is LES5 12 years of age?
a. Homicide, in the absence of any qualifying
146. What is this exempting circumstance which is based on circumstance under Article 248.
impossibility of performance as required by law? b. Murder, if not attended by circumstance under article
A Mistake in identity 246.
B. Prevention by some lawful or insuperable cause c. Murder, even if the offender ls any of the parent.
C Impossibility in the commission of the crime. d. Parricide, regardless of relationship by consanguinity.
D. Mistake of fact
147. In the exempting circumstance of compulsion of punishable by imprisonment of at least 4 years, 2 months and
irresistible force, the physical force must come from the _____. 1 day. The person was not subject to warrantless arrest. How
A. offender himself will you proceed with the case?
B. victim himself a. Report the matter to my superior and let them decide
C police officer what to do with the situation
D. third person b. Exert effort to arrest a person even without a warrant
for the commission of a crime

c. File a direct complaint with the prosecutor's office for a. That the police at its discretion has deemed to be
inquest proceedings. proper.
d. File a direct complaint with the prosecutor's office for b. Even if not connected to the commission of an offense
the preliminary Investigation c. Which may have been used or constitute proof in the
155. The accused in criminal proceedings has in his favor the commission of an offense
rule that criminal laws should be construed liberally in his favor d. That may be ordered by the court at its discretion
because ______________.
a. Of the requirement of observance of due process 162. What is the purpose why Independent relevant evidence
b. The prosecution has the burden of proof is admitted by courts?
c. The police is presumed to perform their duty with a. To show that a certain fact occurred, whether true or
regularity. not
d. The accused is presumed to perform their duty with b. To prove to the court the allegations.
regularity. c. To prove that the fact is true
d. To prove that a fact is not true
156. The constitutional limitation of ex post factor law in the
enactment of criminal law simply means that our criminal law 163. If a person commits an act or omission which is provided
shall be applied _____________. by Revised Penal Code as amended or modified, the crime
a. Retroactively committed or omitted is _________.
b. In favor of the accused a. Crime
c. Prospectively b. Ordinance
d. In against the state c. Offense
d. Felony
157. Preliminary investigation is a matter of right when the
penalty for the crime committed is _____________. 164. Our criminal law may be applied extraterritorially which
a. Not exceeding six years of imprisonment. simply means that
b. Imprisonment of at least 4 years, 2months and 1 day a. Our criminal law may be enforced by another
regardless of fine. b. Our criminal law may be applicable even outside of
c. Imprisonment is 4 years, 2 months and 1 day our territory
regardless of fine c. Foreigners here In our country may be charge for
d. Less than 4 years of Imprisonment violation of our criminal law
d. Those accused of crime may be arrested even outside
158. The form of evidence that is subject to the senses of the of our territory.
court is ____________ evidence.
a. Physical 165. The extra-Judicial confession of an accused is sufficient
for conviction.
b. Object a. Provided that is freely, Intelligently and voluntary
c. Real given
d. All of these b. When it is corroborated by evidence of corpus delicti
c. Even if it is not corroborated by evidence of corpus
159. The crime committed is punishable by imprisonment of 4 delicti
years, 2 months and less. The crime was committed in the d. Whether or not corroborated by evidence of corpus
province. Where the complaint should be filed in order to delicti
initiate the crime action?
a. May file the complaint directly with the Municipal Trial 166. Which among the following Is NOT considered as
Court authorized person to file the complaint before the Municipal
b. At the police station for warrantless arrest and Inquest Trial Court?
proceedings a. Any peace officer
c. May file the information directly with the Regional b. Any law enforcement officer authorized by law
Trial Court. c. The offended party
d. At the prosecutor's office for the conduct of d. The witnesses to the crime committed
preliminary investigation
167. Which of the following is NOT hearsay?
160. Which of the following circumstance makes the evidence a. The testimony of the witness concerning the letter he
incompetent received from somebody.
a. Evidence obtained In accordance with the constitution b. The Information received by a police officer from the
b. Evidence obtained through third degree method of neighborhood regarding the existence drug dens in the area
investigation c. The affidavit of a witness who was not presented to
c. Evidence obtained In accordance with the law or the witness stand for cross examination.
statute d. The statement given by the Informant to the police
d. Evidence obtained In accordance with the rule officer
161. A person who is lawfully arrested may be searched for 168. Ped Xing Is a Chinese citizen who killed a Filipino on board
anything _________. a Philippine commercial vessel on the high seas, based on the

given situation and on territorially principle, Philippine criminal b. At the prosecutor's office for inquest proceedings
law ls c. Directly with the appropriate Regional Trial Court
a. Not applicable because the crime was committed d. In the barangay first for conciliation proceedings
outside of the Philippines territory
b. Not applicable because the offender is not a Filipino 176. Which of the following are NOT among the exceptions to
c. Applicable in this situation although the crime was the Hearsay evidence?
committed on the high seas. a. learned treatise
d. Applicable even if the crime was committed by a b. Commercial lists
Chinese. c. Dead man statute rule
d. Entries in official records
169. The act or omission of a person who after hearing or
seeing something that requires him/her to do comment if it is 177. Rebellion and coup d' etat when committed by military
not true and was given the opportunity is __________. personnel will subject them to court martial proceedings, what
is the NATURE of court martial proceedings?
a. Admission a. Civil
b. Admission against interest b. Administrative
c. Confession c. Sul generis
d. Admission by silence d. Criminal
170. Which of the following situations is NOT valid search 178. During arraignment, the accused is required to enter his
without a warrant? plea, so that the accused may intelligently understand the
a. Search in pain view consequences of his plea, what is the mandatory requirement
b. Search incidental to stop and frisk in entering the plea?
c. Search at the discretion of a police officer a. The accused should be assisted by his witness
d. Search incidental to lawful arrest b. The accused should be assisted by the court of
competent jurisdiction
171. HARDEN after trial was found guilty of a despicable act. c. The prosecution should offer lower and Irresistible
However, the court found out that there is no law punishing offer
the said act. May the court punish HARDEN of any penalty d. The accused should be assisted by competent and
which it deemed appropriate? independent counsel
a. Yes, the act committed Is despicable that it should be
punished 179. Mistake of facts is distinguished from mistake in identity
b. No, the law cannot punish because the court does not in that in mistake of facts the
know the applicable law a. Offender has the intention to commit the crime
c. No, the law cannot punish an act if at the time it was b. Accused is certain about who is the victim
committed is not yet punishable c. Accused is without intention to commit a felony
d. All of these d. Offender is related the victim
172. An act or omission punishable by the Revised Penal Code 180. The person was arrested without a warrant for the crime
is the penalty of which is imprisonment of at least 4 years, 2
a. Act of omission months and 1 day. He asked for preliminary investigation. What
b. Offense is required of the person arrested in order that preliminary
c. Felony investigation may be conducted?
d. Crime a. He should ask for the presence of independent
counsel
173. When the search and seizure conducted by the police is b. He should ask for his rights to remain silent in the
based on a search warrant, this presupposes that the search course of the preliminary Investigation
and seizure c. He should ask his right to be informed of the nature
a. May be questionable of the cause and accusation against him
b. Is without probable cause d. He should waive his rights under article 125 of the
c. Violates the right of the person to privacy Revised Penal Code
d. Is with legal ground.
181. When the case is filled in this court, ball becomes a matter
174. The power or authority to hear and decide a case ls of right before or after conviction which courts it?
a. Judicial a. Regional Trial court
b. Jurisdiction b. Municipal/Metropolitan Trial Court
c. Venue c. Court of Appeals
d. Mandate d. Sandiganbayan
175. If the crime is committed in the province and the penalty 182. The constitutional limitation of bill of attainder in the
thereof is one that does NOT require preliminary Investigation, enactment of criminal laws simply means that our criminal law
the complaint shall be filled shall
a. Directly with the appropriate Municipal Trial Court a. Decrease the imposed penalty to favor the accused

b. Impose the penalty even without hearing and trial d. An act or omission
c. Applied the penalty only sparingly in favor of the state 189. What is this STAGE in court proceeding where the
d. Impose the penalty only after due hearing and trial prosecution and accused may agree on matters that will
promote a fair and expeditious trial of the case?
183. The prosecution shall offer in evidence its documentary a. Trial proper
evidence b. Preliminary Investigation
a. At any time the prosecution may deep proper at its c. Inquest proceedings
discretion to offer d. Pre-trial
b. After the presentation of testimonies of witnesses
have been terminated 190. The party is deemed to have rested its case
c. None of this
d. After the presentation of the witnesses of the defense a. Once the parties agreed as stated in the pre trial
are terminated b. As may be ordered by the court
c. After the court ruled on the formal offer of evidence
184. The crime of adultery is committed by any married woman d. After the prosecution has offered its evidence
who shall
a. Have sexual Intercourse with a man under scandalous 191. What is the form of evidence consisting of letters,
circumstance symbols, numbers or any inscription?
b. Enter into marriage with another man other than her a. Parol evidence
husband b. Original evidence
c. Have sexual intercourse with a man who is not her c. Best evidence
husband d. Documentary evidence
d. Live In conjugal dwelling with a man who is not her
husband 192. The following are the sources of criminal law EXCEPT
185. LINO saw ACE with an angry expression on his face a. Special law
holding a firearm moving towards his direction. When ACE was b. Ordinance
already near him, LINO picked up 2x2 hard wood and hit ACE c. Special penal laws
on both his arms, resulting injuries to the latter, it was revealed d. Revised Penal Code
during the investigation that ACE is without bad intention to
LINO. LINO was charged for serious physical injuries. This 193. Conclusive presumption is also known as "presumption
situation fits the principle of Juris et de Jure"; disputable presumption is ___________.
a. Mistake in identity a. Presumption of regularity
b. Mistake in the blow b. Dying declaration
c. Mistake of fact c. Presumption of innocence
d. Ignorance of the law d. Presumption juris tantum
186. Which of the following illustration BEST exemplifies the 194. The questioning initiated by law enforcement authorities
concept of complex crimes? after a person is taken into custody or otherwise deprived of
a. HARDEN wanted to kill CURRY. HARDEN sets the freedom of action is
house of CURRY resulting to the death of CURRY. a. Illegal detention
b. HARDEN stole the chicken of CURRY, took the chicken b. Arbitrary detention
of PAUL and that of DURANT c. Custodial Investigation
c. HARDEN killed CURRY, after a week, raped PAUL and d. Preliminary Investigation
later stole the CHICKEN of DURANT
d. HARDEN wanted to kill CURRY. He threw a grenade 195. The authority to enact national penal statutes is lodged in
against CURRY. It killed CURRY and injured DURANT the
a. Respective sanggunian of LGUS
187. Exclusion of evidence simply means b. Respective Mayors of LGUS
a. None of this c. Congress of the Philippines
d. Trial Courts in the Philippines
b. That evidence obtained unlawfully shall be excluded
by the court and not admitted. 196 A band is composed of how many persons?
c. That evidence which are testimonial but objectionable A. 2
shall be excluded B. 3
d. That witness not subject for examination should be C. 4
excluded from the court D. 5
188. A person who is committing an act in violation of a special 197. A big fire razed a row of houses in a thickly populated
penal law is committing neighborhood. To prevent the spread of fire, some of the
a. A crime residents demolished several houses. These persons are:
b. An offense a. Civilly liable but not criminally liable
c. A felony b. Criminally and civilly liable

c. Civilly and criminally not liable B. Police officer
d. Criminally liable but not civilly liable C. Judge
D. Victim
198. What is extenuating circumstance of abortion?
A. Purpose of concealing her dishonor 207. Escapo a bigtime prisoner of New Bilibid Prison, he
B. Purpose of avoiding pregnancy escapes from the said penal establishment many times. He
C. Purpose of hiding her baby planned again to escape and succeeded in escaping. Who
D. All of the above among the following could arrest him?
I. NBI agent
199. It refers to deficiency of action. II. PDEA agent
A. Reckless imprudence III. Barangay Police
B. Reckless IV. BuCor Correction Officer
C. Imprudence (lack of foresight) A. I
D. Negligence – deficiency of perception (lack of skill) B. I, II
C. I, II, III
200. The following are justifying circumstances, except one. D. I, II, III, IV
A. Self-defense
B. Accident 208. Persons who aid the felons to hide away pieces of
C. Avoidance of greater evil evidence or profit from the fruits of the crimes are said to be.
D. Defense of relative A. Principals
B. Accessories
201. The condition sine-qua non or indispensable element in C. Accomplices
self defense. D. Conspirators
A. Provocation
B. Unlawful aggression 209. The ultimate fact or the or the fact to be established is
C. Reasonable necessity known as _____.
D. Irresistible force A. Factum Probandum
B. Factum probans
202. Aggravating circumstances which generally apply to all C. Ex post facto
cases such as dwelling, nighttime, or recidivism. D. Subpoena Duces Tecum
A. Specific
B. Inherent 210. People vs. Genosa was the landmark of what law?
C. Generic A. RA 9262
D. None of these B. RA 9165
C. RA 9995
203. The process whereby the accused and the prosecutor in a D. RA 9344
criminal case work out a mutually satisfactory disposition on
the case subject to the court approval. 211. Whenever a new statute dealing crime establishes
A. Arraignment conditions more lenient or favorable to the accused, it can be
B. Plea bargaining given a
C. Preliminary investigation A. Retroactive effect
D. Trial B. Proactive effect
C. Lenient effect
204. Minority is considered either as _________ circumstances. D. Benefit of the doubt
A. A justifying or mitigating
B. An aggravating or justifying 212. What offenses are subject to the jurisdiction of Barangay
C. An exempting or mitigating courts?
D. An aggravating or exempting A. Crime with a penalty of 1 year and below (Fine:5,000 or less)
B. Crime with a penalty of 2 years and below
205. Statement made by a person while a startling occurrence C. Crime with a penalty of 4 years and below
is taking place or immediately prior to subsequent thereto with D. Crime with a penalty of 6 years and below
respect to the circumstances thereof, may be given in evidence
as part of it and also statements accompanying an equivocal 213. Sexual assault could be committed by?
act material to the issue, and giving it a legal significance, may A. Man
be received as part of it. B. Woman
A. Dying Declaration C. Both Woman and Man
B. Res Gestae D. Weak person
C. Hearsay
D. Verbal Acts 214. Joime, James, Michael and Pai a group of teenagers. Every
night they always engage themselves in unruly beer sessions
206. The one who determines personally the existence of together with all the unpleasant noises, like shouting and
probable cause in the issuance of a search warrant. laughing. Let us assume that aside from making those noises
A. Fiscal they are also doing it to annoy their sleeping neighbors. The

crime of alarms and scandals may be charged against them A. 15
because they involved themselves in charivari punishable under B. 2
paragraph 2 of article 155. What is charivari? C. 5 – except arresto mayor (also a correctional penalty)
A. It is a medley of discordant voices, a sock serenade of D. 10
discordant voices made on kettles, tin horns etc. designed to
insult or annoy (If asked, what crime? Answer: Alarms and 222. Pre-trial conference in criminal cases is mandatory. One
Scandals of the matters that should be taken during the said proceeding
B. It sounds like a gay word or lingo so I will ask its meaning is stipulation and admission of facts. The purpose of entering
to my gay friend Joime. into a stipulation or admission of facts is to what?
C. It is simply the act of any person who although not A. Ensure justice and fair play
productive of material harm would annoy another person B. Making sure of facts
D. It is the act of people who are in need of attention from C. Expedite trial
others especially from the girls D. corroborate either side party
Alden was convicted for Homicide and was sentenced to suffer
an imprisonment from 14 years and 1 day to 17 years. While 223. The right to bail is a matter of right except when the
serving his sentence he was allowed to escape from his cell. accused is charged with a capital offense and the evidence of
guilt is what?
215. If the offender is the custodian of the convicted prisoner A. Enough
what crime was committed? B. Strong
A. Delivering prisoners from jail C. Divisible
B. Evasion of service D. Determined
C. Infidelity in the custody of prisoners
D. Other cases of evasion 224. In the crime of adultery, the offender is the married what?
A. Man
216. If the offender is not the custodian at the time of the B. Lover
escape of said prisoner, what crime was committed? C. Paramour
A. Evasion of service D. Woman
B. Delivering prisoners from jail
C. Infidelity in the custody of prisoners 225. The purpose of the habitual delinquency law is to confine
D. Other cases of evasion the prisoner for a longer period of time for the purpose of
protecting the?
217. What is the liability of the convicted prisoner serving his A. Witnesses
sentence? B. Victim
A. Evasion of service of sentence C. Complaint
B. Delivering prisoners from jail D. Society
C. Consenting or conniving to evasion
D. Evasion through negligence 226. In habeas corpus proceedings, any person may apply for
a writ on behalf of the aggrieved party. The important issue in
218. But if the detention prisoner conspires with the one letting such a case is deprivation of one's?
his escape, said detention prisoner is liable for _____ as A. Honor
principal by indispensable cooperation. B. Reputation
A. Delivering prisoner from jail C. Liberty
B. Delivering prisoners from jail D. Property
C. Evasion of service
D. Evasion through negligence 227. In criminal law, when one speaks of capital offense, it
connotes that an offense wherein the imposable penalty when
219. What is the liability of the jail warden if the evasion of a committed as charged is what?
prisoner should take place through his negligence? A. Divisible
A. Delivering prisoners from jails B. Indivisible
B. Evasion through negligence C. Prision mayor
C. Reckless imprudence D. Reclusion perpetua
D. Conniving with consenting to evasion
228. In criminal law, what is the other term for negligence?
220. In the case of evasion of sentence, the person who A. Culpa
escaped from it must have been convicted by final judgment is B. Dolo
serving what? C. Prohibita
A. Destierro D. Reclusion perpetua
B. imprisonment
C. Penalty 229. In the prescription of an offense, the period of prescription
D. Punishment shall start to run on the day on which the crime is what?
A. Planned
221. How many years is the prescriptive period on crimes B. Discovered
punishable by correctional penalties (not exceeding 6 years) C. Filed

D. Investigated a. To be examined only as to matters pertinent to the issue
230. Revised Rules on Evidence is AM No. ____ which took b. Not to give an answer which will tend to subject him to a
effect on _____. penalty of an offense
a. A.M. No. 19-08-15-SC; May 1, 2020 c. To remain silent
b. A.M. No. 19-80-15-SC; May 1, 2020 d. To be protected from irrelevant questions
c. A.M. No. 19-15-08-SC; May 1, 2021
d. A.M. No. 19-15-80-Sc; May 1, 2021 239. X went to the United States. While he was there,
encountered Y an American. They eventually got married.
231. Rules on the Use of Body-Worn Cameras in the Execution When X returned to the Philippines, his wife Z filed an action
of Warrants. against him for violating their marriage. What is X liable to?
a. A.M. No. 21-06-08-SC a. Adultery
b. A.M. No. 21-08-06-SC b. Bigamy
c. A.M. No. 21-60-08-SC c. Concubinage
d. A.M. No. 21-06-80-SC d. No Crime
232. Judges-at-Large Act is: 240. Facts already known or ought to be known by judges by
a. R.A. 11459 reason of their office and of which they may properly take and
b. R.A. 11691 act without proof are matters called:
c. R.A. 11549 a. Privileged communication
d. R.A 11458 b. Judicial notice
c. Pleadings
233. The pig of A entered in the farm of B and destroyed the d. Judgment
mongo crop of the latter. As a consequence, B got furious, thus,
he hacked the pig with a bolo. The pig dies as a result. 241. A private individual to be considered an accessory, the
What crime is committed by B? author of the crime must be guilty of any of the following,
a. theft EXCEPT:
b. property damaged a. Murder
c. malicious mischief b. Treason
d. robbery c. Parricide
d. Infanticide
234. Supposing that after killing the pig, B makes use of its
meat by keeping it in his refrigerator and cooked some. What 242. The following are cases covered by rules on summary
crime is committed by B? procedure, EXCEPT:
a. theft a. Where the penalty is six months imprisonment
b. property damaged b. Violation of traffic laws
c. malicious mischief c. Violation of rental laws
d. robbery d. Where the penalty exceeds six (6) months imprisonment
235. Suppose it was a horse that destroyed the mongo 243. Complaint or Information shall charge only one offense.
crops of B. What crime committed by B? This is the rule on:
a. theft a. Duplicity of offense
b. malicious mischief b. Complex crime
c. Violation of Anti-Cattle Rustling Law c. Compound crime
d. robbery d. Continuing crime
236. Suppose after killing the horse B makes use of its 244. Is that which in a case the resolution of which is a logical
meat by keeping it in his refrigerator and cooked some, what antecedent of the issue involved therein, and the cognizance
crime is committed by B? of which pertains to another tribunal.
a. theft a. Prejudicial question
b. malicious mischief b. Inquest proceeding
c. Violation of Anti-Cattle Rustling Law c.Preliminary investigation
d. robbery d. Custodial investigation
237. Which of the following is not an element of malicious 245. Under the rules of court, the lifetime of a search warrant
mischief? is how many days from its date?
a. The damage was caused inadvertently A. 5
b. The damage caused does not fall within the provisions of B. 10
arson c. 20
c. The offender has caused damage to the property of another D. 8
d. The damage was caused deliberately
246. The loss or forfeiture of the right of the State the state to
238. The following are rights of a witness under the rules of prosecute the offender after the lapse of a certain period of
court EXCEPT: time fixed by law is called what?

A. Prescription of the crime d. Documentary Evidence
B. Prescription of the penalty 255. Which of the following will make the evidence
C. Estoppel incompetent?
D. Waiver a. evidence obtained in accordance with the Constitution
b. evidence obtained in accordance with the law or statute
247.The loss or forfeiture of the right of the government to c. evidence obtained in accordance with the Rules of Court
execute the final sentence after the lapse of a certain time fixed d. evidence not in accordance with the law, the Constitution,
by law is called prescription of? the Rules of Court such as evidence extracted through tortures
A. Penalty and third-degree methods
B. Sentence
C. crime 256. The following persons are authorized to conduct
D. Execution preliminary investigation, EXCEPT:
a. Judges of Metropolitan Trial Court
248. When the evidence presented in court during trial by the b. Provincial and City Prosecutors and their assistants
State and the accused are of equal weight, which will prevail? c. National and Regional State Prosecutors;
A. It depends d. None of the above
B. Accused
C. State 257. It is the rule which states that if the inculpatory facts and
D. None circumstances are capable of two or more interpretation, one
which is consistent with the innocence of the accused and the
249. In self-defense, from whom shall the unlawful aggression other consistent with his guilt, or they are evenly balanced. The
come from? constitutional presumption of innocence should tilt the scale in
A. Defender favor of the accused and he must be acquitted.
B. Victim a. Equipoise rule
C. none b. Presumption of guilt
D. other person c. Hornbook doctrine
d. due process of law
250. Motion to dismiss, motion to quash and demurrer to
evidence are remedies in the court of justice wherein the main 258. When the complaint is vague, the accused may file a
objective is to what? motion alleging among others the defect of the complaint or
A. Put an end to the case information and the details desired in order to enable him to
B. Action to be taken by the party properly answer and prepare for trial. This motion is known as:
C. Ensure there is justice a. motion for bill of particulars
D. Determine the winner b. motion for clarification
c. motion to dismiss
251. An accused's right to speedy trial is deemed violated only d. motion for postponement
when the proceeding is attended by vexatious, capricious and
oppressive what? 259. When bail is discretionary?
A. Petitioner a. Upon conviction by the RTC not punishable by
B. Delays reclusion perpetua or life imprisonment.
C. warnings b. Upon conviction by the RTC exceeding 6 years but not
D. motions more than 20 years who is a recidivist.
c. Upon conviction by the RTC exceeding 6 years but not
252. Which of the following is an exempting circumstance? more than 20 years when there is undue risk that he may
A. who had no intention to commit so grave a wrong as that commit another crime during the pendency of the appeal.
committee d. Upon conviction by the RTC exceeding 6 years but not
B. who acts under the compulsion of an irresistible force more than 20 years who has previously escaped from legal
C. who acted with abuse of confidence or obvious confinement.
ungratefulness
D. in contempt of public authorities 260. It is one of the grounds for a motion to quash. It is the
danger of being prosecuted for the same offense for the second
253. When offered evidence is not objected, such failure to time.
object amounts to. A. double jeopardy
A. A waiver B. double trial
B. A denial C. double trouble
C. An admission D. double counter
D. A deferment
261. The trial of a case cannot be made in absentia in the
254. What is known as the existence of the highest order following circumstance/s:
because it speaks more truthfully than a hundred witnesses? a. at the arraignment and plea
a. Physical or Object Evidence b. during the trial whenever necessary for identification
b. Secondary Evidence purposes
c. Testimonial Evidence

c. at the promulgation of sentence, unless for a light d. res inter alios acta rule
offense 270. An offer of compromise is considered not an admission of
d. all of the choices any liability and is not admissible in evidence against the offeror
in the following cases, EXCEPT.
262. The order of trial is: a. In civil cases
a. Prosecution, accused, rebuttal and sur-rebuttal b. Those arising from criminal negligence
b. Prosecution, cross, redirect, re-cross c. An offer to pay or the payment of medical, hospital or
c. Direct, cross, re-cross, re direct other expenses occasioned by an injury
d. Direct, cross, rebuttal, and sur-rebuttal d. In criminal cases
263. Refers to items such as dolls, puppets, drawings, 271. A solemn and formal declaration of assertion that the
mannequins or any other appropriate demonstrative device to witness will tell the truth is called:
assist him in testimony. A. Statement
a. Testimonial aids B. Promise
b. Emotional security items C. Affirmation
c. support D. Declaration
d. none of these
272. In case the offender cannot pay the fine, he shall serve
264. Evidence which will prove the same point but of a different the same in prison and shall be credited ___ for each day of
kind pursuant to the Rules is known as evidence subsidiary imprisonment.
A. Cumulative a. Php 8.00
B. Pertinent b. Php 12.00
C. Corroborative c. Php 35. 00
D. Relevant d. Highest minimum wage existing in the country (NCR-
570 pesos)
265. When the testimony of a witness is to the effect that he
did not see or know the occurrence of a fact, such testimony is 273. A penalty that deprive the offender of his (1) rights of
said to be evidence. parental authority, or guardianship;(2) Marital authority; (3)
A. Negative The right to manage his property; and (4) The right to dispose
B. Documentary of such property by any act or any conveyance inter vivos.
C. Positive a. Absolute disqualification
D. Written b. Temporary disqualification
c. Bond to keep the peace
266. Relevancy is one of the requisites for admissibility of d. Civil interdiction
evidence which means that evidence must have such relation
to the fact in issue as to induce belief in its existence or non- 274. Under the Rules of Evidence, the knife used in killing is
existence. The other requisite is ____________? called
a. That is should not be excluded for by law. A. Relevant
b. That it is material to the facts in issue B. Object
c. That it is credible C. Physical
d. That it is the best evidence D. Collateral
267. Court shall take judicial notice, without the introduction of 275. Which is the law enacted by Congress that imposes a
evidence of the following, EXCEPT: penalty, other than the Revised Penal Code?
a. Matters of Public Knowledge A. Statute
b. The measure of time B. Ordinances
c. Law of nations C. Special Penal Laws
d. Law of nature D. Criminal Code
268. Court may take judicial notice of the following in exercise 276. Which of the following is NOT a source of criminal law?
of its discretion, EXCEPT. A. Ordinances
a. The geographical divisions B. Special Penal Laws
b. Matters which are of public knowledge C. Revised Penal Code
c. Matters capable of unquestionable demonstration; D. Resolution
d. Matter ought to be known to judges because of their
judicial functions. 277. When a court is satisfied, upon proof or oath, that a
material witness will not testify when required, it may upon
269. No person may be compelled to testify against his parents, motion of either party order the witness to _____.
other direct ascendants, children or other direct descendants. A. To be excused.
This is embodied under what principle? B. To post bail.
a. Parental and filial privilege. C. To be included in the information.
b. declaration against pedigree D. To be arrested
c. declaration against common reputation

278. Which is the correct order in the examination of c. December 10, 1947
witnesses? d. December 10, 1948
a. direct, re-direct, cross, re-cross examinations
b. direct, cross, re-direct, re-cross examinations 287. The UN Charter was ratified by the following:
c. cross, re-direct, direct, re-cross examinations a. China, France, the Soviet Union, the United Kingdom and the
d. re-direct, direct, cross, re-cross examinations United States
b. China, Germany, the Soviet Union, the United Kingdom and
279. This is a remedy available to any person whose right to the United States
life, liberty and security is violated or threatened with violation c. China, France, the Soviet Union, the United Arab Emirates
by an unlawful act or omission of a public official or employee, and the United States
or of private individual or entity. It shall cover extralegal killings d. Japan, France, the Soviet Union, the United Kingdom and
and enforced disappearances: the United States
a. Writ of Amparo
b. Writ of Habeas Corpus 288. There are how many main international human rights?
c. Writ of Habeas Data a. 5
d. Writ of Kalikasan b. 6
c. 7
280. This is a remedy available to a person whose right to d. 8
privacy in life, liberty or security is violated or threatened by an
unlawful act or omission of a public official or employee, or a 289. What are the three most important human rights?
private individual or entity engaged in the gathering, collecting a. right to life, the right to health and the right to freedom from
or storing of data or information regarding the person, family, torture
home and correspondence of the aggrieved party: b. right to life, the right to health and the right to freedom of
a. Writ of amparo religion
b. Writ of habeas corpus c. right to life, the right to a fair trial and the right to freedom
c. Writ of habeas data from torture
d. Writ of kalikasan d. right to life, the right to health and the right to vote
281. He is the 9th Secretary General of United Nations. 290. The following are the 3 stages of Human Rights except:
a. Antonio Gutierres a. Idealization
b. Peter Thompson b. Positivization
c. Ban-Ki-moon c. Realization
d. Boutros Boutros-Ghali d. Cooperation
282. The United Nations have how many member States? 291. This law declared the effectivity of the creation of the
a. 193 Commission on Human Rights on May 5, 1987.
b. 194 a. E.O. No. 161
c. 195 b. E.O. No. 162
d. 192 c. E.O. No. 163
d. E.O. No. 164
283. How may observer States are there in the United Nations?
a. 2
b. 3 292. He was the first chairman of the Presidential Committee
c. 4 on Human Rights.
d. 5 a. Jose W. Diokno
b. Jose B.L. Reyes
284. _________ marks the anniversary of the entry into force c. Haydee Yorac
in 1945 of the UN Charter. d. William Claver
a. October 24
b. October 25 293. What particular provision of the Constitution which
c. October 26 mandates the creation of the Commission on Human Rights?
d. October 27 a. Art. XIII, Section 17
b. Art. VII, Section 17
285. The headquarters of the United Nations is found in: c. Art. VII, Section 13
a. Berlin, Germany d. Art. XIII, Section 13
b. Paris France
c. New York City, USA 294. Who was the President of the Constitutional commission
d. Geneva, Switzerland which drafted the 1987 Constitution?
a. Cecilia Munoz Palma
286. The UN Declaration of Human Rights was proclaimed by b. Corazon Aquino
the UN General Assembly in Paris, France on: c. Haydee Yorac
a. December 10, 1945 d. Hilario Davide Jr.
b. December 10, 1946

295. Human rights cannot be just taken away from an *forgotten character – victim
individual such as freedom from torture.
a. inherent
302. The frontline defender of democracy in the CJS.
b. inalienable
c. interdependent a. Prosecution
d. imprescriptible. b. Correction
c. Police
296. Who is the chairman of the Lupon Tagapamayapa in the d. Court
Barangay Level where there is a diversion program?
303. He is responsible in evaluating the evidence the police
A. Punong Barangay have gathered and deciding whether it is sufficient to warrant
B. BCPC Chairman the filing of charge(s) against the alleged violator.
C. LSWDO
D. PNP member a. Investigator
b. judge
c. prosecutor
297. This criminal justice model is based on the idea that the d. solicitor general – prosecutor for appellate cases; lawyer of
most important function of the CJS is the protection of the the government in case of litigation
public and the repression of criminal conduct.
a. Crime prevention
b. Crime control 304. He is an arbiter in court who ensues that the defense and
c. Law and order the prosecution adhere to the legal requirements of introducing
d. Due process evidences.
a. Clerk of court b. judge

298. According to this criminal justice model, the rights of an c. sheriff d. jury
individual must be co-equal with the concern for public safety.
a. Crime prevention 305. The pillar of the CJS which is not under the executive
b. crime control branch of the government.
c. Law and order
d. due process a. law enforcement b. court
c. prosecution d. correction
299. This concerns to the obligations of the community to
individuals, and requires fair disbursement of common
advantages (+) and sharing of common burden (-). 306. This is a governmental body that is charged with the
responsibility of administering justice.
a. Prosecution
b. justice a. Law enforcement b. correction
c. equality c. Prosecution d. court
d. trial
Alder Mortimer – justice is giving or rendering what is due or 307. Any person directly vested with jurisdiction (AOR),
merited to other. whether as an individual or as a member of some court,
*Lady Justice / Themis – symbol of justice Government Corporation, board or commission.
300. This function of the law enforcement is being done a. Agent of person in authority
through elimination of factors influencing the occurrence of b. Government employee
crimes, good community relations, educating the citizens about c. Government officer
their role, introduction of delinquency prevention programs, d. person in authority
good parenting and others.
*officer of peace and order = agent of person in authority
a. Maintenance of law and order *any person who come in assistance of the agent of person in
b. Reduction of crime authority = aid
c. crime prevention
d. crime control
308. A pillar of CJS which occupies a unique position in the
*3 elements of crime Philippine Criminal Justice System serving as the lawyer of the
a. Desire State or government in criminal cases.
b. Opportunity
c. Capability a. law enforcement b. court
c. prosecution d. correction
301. This principal character of the criminal justice process links
all components of the CJS.
309. This document is required by the Prosecutor’s Office
a. Offender before it can entertain a complaint on a case covered by the
b. Victim Barangay Court.
c. witness
d. Crime a. Certificate of Non-Settlement
b. Certificate of Non-arbitration

c. Certificate to file action Sec. 11, possession of illegal drugs
d. complaint affidavit Shabu – 0.9 grams below ➔ P.B. ➔ Sec 12 -paraphernalia
MJ – 9 grams or less ➔ PB ➔ sec 12 – paraphernalia
CFA – certificate issued by Brgy. in case of failed
mediation
315. The PNP is the law enforcement agency of the country
which is under the ________?
310. It refers to the study of the various agency of our
government in charged of processing law violators to ensure a. DOJ b. DILG
the protection of the society and maintenance of peace and c. NAPOLCOM d. DSWD
order. *Q – what are the agencies under DILG = LGU, PNP, BFP,
BJMP, NAPOLCOM (attached), PPSC, PLEB.
a. Criminology b. Criminal Justice
c. Victimlogy d. Sociology *Q – what are the agencies under DOJ = Bucor, NBI, Bureau
of immigration, PAO, National prosecution service, PPA, BPP
*criminology – study of crimes and criminals *Customs, BIR, BSP, treasury = DOF
*Sociology – study of society *PDEA, OMB, DDB = office of the president
*Victimology – study of the role of victim *Mtc, rtc, Ca, SC, SB, sharia = JUDICIARY BRANCH Lto, ltfrb,
pcg, LRTA, MRTA, PNR, CAAP, MARINA = DOTr
311. Refers to the person who is being implicated to the

commission of a crime and subject of an investigation. 316. A person who is under custodial investigation is basically
protected by a number of rights mandated under the
a. Convict b. respondent constitution and this was even expounded in the legislative act
c. Accused d. suspect (made by congress – “RA” known as _______?
*other option: Person of interest a. Miranda Doctrine b. R.A. 7438

*Q – a person under trial = accused c. Bill of Rights d. R.A. 6975 –
*Q – a person under P.I. = respondent DILG, 1990
*Q – person under penalization = PDL
*Q – a person reintegrated in the community = person, citizen, PD – laws made during martial law (FEM)
ex convict, law abiding, client (if under probation, parole, EO – Executive Order (ordering a specific department)
pardon) EO 292 – Bureau of Prison = Bureau of Correction
312. Is the machinery of the state which enforces the rules of 317. A body officially assembled under authority of law in which
conduct necessary to protect life and property and to maintain judicial power is vested or the administration of justice is
peace and order? delegated.
a. Criminal Justice System a. court b. corrections

b. Criminology c. prosecution d. law enforcement
c. Criminal law
d. Criminal jurisprudence *judicial power – power to settle cases, mediate, apply laws
318. A body of civil authority tasked to maintain peace and

313. It is that degree of proof requires in criminal case which order, enforce the law, protect life, liberty and property and
would convince a reasonable mind based on moral certainty ensure public safety.
but which nevertheless does not preclude the possibility of
error. a. police b. prosecution
c. court d. corrections
a. Preponderance of evidence
b. Clear and convincing evidence training of tri bureau – PPSC
c. substantive evidence
d. proof beyond reasonable doubt – 100% certainty and 319. System of taking care of the custody, rehabilitation and
without any possibility of error. treatment of persons convicted of committing crime.
a. police b. prosecution
314. A negotiation between the defense counsel and the c. court d. corrections
prosecutor, aimed at reaching an agreement whereby the
prosecutor uses discretion to obtain from the judge a lighter
sentence in exchange for the defendant’s entering a guilty plea. 320. The “Anti-Graft and Corrupt Practices Act”.
a. arraignment b. preliminary investigation a. R.A. 8294 b. R.A. 7080

c. pre-trial d. plea bargaining c. R.A. 1379 d. R.A. 3019
*plea bargaining – plea of guilty to a lesser offense 321. Exclusive original jurisdiction over all offenses punishable
*requirement – it should be done during pre-trial stage with imprisonment not exceeding six years.
*requirement – the cases must be same title
*Original = murder ➔ homicide a. Supreme Court c. RTC
b. Court of Appeals d. MTC Summary
Plea Bargaining in Drug Cases of Judiciary

329. An attached agency of the Office of the President tasked
to implement and undertake drug law enforcement.
322. It is otherwise known as the Department of the Interior
and Local Government Act of 1990, enacted on December 13, a. Narcotics Command – under NBI / Customs
1990. Established the PNP, BFP, BJMP and the PPSC. b. AID-SOTF – anti illegal drugs special operation TF
c. PDEA - implementing arm of the DDB
a. R.A. 6975 d. NBI – DOJ
b. P.D. 1184 – INP Professionalization act of 1977
c. R.A. 8551- PNP Professionalization act of 1998
d. R.A. 6040 – PNP Entrance Examination - NAPOLCOM 330. Sworn statement, subscribed by Offended party, any
peace officer of public officer in charge of enforcement of the
law violated filed either to the court or to the office of the
323. Refers to that sector of society composed of NGO’s, cause prosecutor.
oriented groups and advocacy groups that promote the welfare
of the people against all forms of abuse and exploitation. a. Complaint b. Information
c. Pleadings d. Affidavit
a. crime control b. political parties
c. civil society d. volunteer
331. Is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime
324. It is the process of reducing if not eliminate the existence has been committed and the respondent is probably guilty
of a cause from initially occurring, thus, lessen the police work thereof, and should be held for trial (Probable cause).
as suppressing the spread of criminality.
a. preliminary investigation b. Prejudicial question
a. Crime Prevention – removal of opportunity c. inquest proceeding d. custodial investigation
b. Crime control
c. Criminal apprehension – arrest
d. law enforcement – implementation of law 332. Preliminary investigation is conducted on cases punishable
by:
325. Directly under the supervision of the Department of a. at least four (4) years, two (2) months and one (1) day.
Justice, its most important function in the Criminal Justice b. more than four years, two months and one day
System is to maintain and recognize the rule of law through the c. less than four years, two months and one day
speedy delivery of services particularly in the prosecution and d. six years, one day and above
investigation of all crimes.
a. National Prosecution Service 333. It is the actual restraint of a person into custody of the
b. PNP law in order for him to answer for the commission of an
c. Ombudsman – independent offense.
d. Solicitor General – independent NPS vs OMBUDSMAN
a. Arrest b. investigation
NPS (Fiscal) – accepts cases of private individuals for general c. invitation d. seizure
types of crimes
OMBUDSMAN – accepts cases of government officials /
employees for cases related to their official function
334. It refers to the ways and means of trapping and capturing
the law breakers in the execution of their criminal plan.
326. What do you call a court covering two (2) or more
municipalities? a. Instigation b.
Entrapment
a. MTC b. MeTC c. Investigation d. Raid
c. MCTC d. MTC’s
*Q – the police officer is luring a person or inducing a person
to commit a crime = instigation
327. What is that term which refers to the wise use of one’s
own judgment in a given situation without referring to your
superior due to the eminence of the situation? 335. A pillar of our CJS which is not under or interdependent
from any branch of government.
a. Police resourcefulness b. Police discretion
c. Police integrity d. police prudence a. prosecution b. correction
c. court d. community
328. It refers to the art or science of identifying law violators,

locating and tracing them in order to affect their arrest and 336. During trial of a criminal case, it is the prosecutor who
gather evidence to prove their guilt in court. directs the prosecution of the offense and he/she did it on the
behalf of the state. Once a case is elevated to the higher court
a. Crime prevention b. criminal such as Court of Appeals, who represents the State in the
investigation prosecution of the offense?
c. Crime control d. Intelligence
work a. Chief State Prosecutor b. Solicitor
General

c. National or provincial prosecutor d. Judge d. lupon tagapamayapa – 10 – 20 members
*RTC or MTC – the prosecutor will be the NPS (Fiscal vs 344. It is the most common way by which the police discovers
Defense Lawyer) or it informed that a crime has been committed:
*Sandigan-Bayan – the prosecutor is the OMBUDSMAN
(Ombudsman vs Defense Lawyer) a. When the witness voluntarily reports the crime.
*CA or SC – the prosecutor is the Sol. Gen. (Solgen vs. Defense b. When the police discovers the crime
Lawyer) c. When the victim reports the crime
d. When the suspect surrenders
337. It refers to the questioning initiated by law enforcement

officer after a person has been taken into custody. 355. The Lupon Tagapamayapa shall be composed of the Brgy.
Chairman as Chairman of the Lupon and the Brgy. Secretary as
a. custodial investigation b. interview the Secretary of the Lupon and other members who shall be:
c. inquest d.
interrogation a. more than 10 but less than 20
b. not less than 10 but not more than 20
*Q – what law gave rights to the person arrested, detained or c. more than 10
under custodial investigation = RA 7438 d. less than 10
338. In cases committed by Public officer with salary grade 27

and above in violation of Act 3019, R.A. 1379 or Art. 210 to 212 356. When arrest may be made?
of the Revised Penal Code a complaint should first be filed to
the office of _______ for the conduct of the required a. At any time of the day and night
preliminary investigation. b. At day time
c. At night time
a. Ombudsman b. Solicitor General d. from sun dust till dawn
c. Judge of MTC d. Sandiganbayan
339. In flagrante delicto means ______? 357. Under what circumstances arrest can be made even
without a warrant?
a. caught in the act b. caught after commission
c. instigation d. entrapment a. All of the choices (sec 5, rule 113)
b. When the crime was committed in the presence of the
arresting officer. (inflagrante arrest)
340. Courts in the Philippines are cloth with the power or try c. When the crime was in fact been committed and there is
cases submitted to for adjudication. What term is use in personal knowledge based on probable cause that the person
referring to the authority or power to hear and decided cases. to be arrest has committed it. (host pursuit)
d. When the person to be arrested is an escapee (fugitive
a. Jurisdiction b. arrest)
Venue
c. Jurisprudence d. Territory
358. It is a process directed to a person requiring him to attend
*Q – what do you call the place where the trial will be and to testify (subpoena ad testificandum) or to bring with him
held? VENUE any books or documents (subpoena duces tecum) under his
*Q – these are court decisions that became part of control at the trial of an action.
the law? JURISPRUDENCE
a. subpoena b. subpoena ad
341. It is the authority of the court to try/hear cases for the testificandum
first time to the exclusion of other courts. c. subpoena duces tecum d. warrant of arrest
a. original jurisdiction b. exclusive jurisdiction 359. The “anti-Plunder Act”.

c. appellate jurisdiction d. concurrent jurisdiction
a. R.A. 7080
b. R.A. 1379
342. It is the formal reading of the charges against a person c. R.A 3019
accused of a crime and latter asking him whether he pleads d. R.A. 6713 – code ethics for public officials
guilty or not to the crime charged.
360. This attached agency of the DOJ is tasked to provide free
a. arraignment legal assistance to poor members of society:
b. preliminary investigation
c. plea a. National Bureau of Investigation
d. promulgation of judgment *other definition – formal b. National Prosecution Service
appraisal of charges c. Board of Pardons and Parole
d. Public Attorney’s Office – Atty. Persida Rueda Acosta
343. It is a body of men created to settle disputes within *old name of PAO – Citizen’s Legal Assistance Office (CLAO)
Barangay level.
a. barangay tanod 361. This is the power to apply the law to contests or disputes
b. pangkat tagapagkasundo – 3 members concerning legally recognized rights or duties between the
c. barangay council

state and private persons, or between individual litigants in
cases properly brought before the judicial tribunal.
368. Is that branch of the criminal justice system charged with
a. Judicial Power b. Judicial Review the custody, supervision and rehabilitation of a convicted
c. Court d. Court of Justice offender.
a. Penology b. Probation
This is the process or method whereby accusations are brought c. Correction d. Criminology
before the court of justice to determine the innocence or guilt
of the accused.
369. Executive clemencies are acts of grace exercise by the
a. Prosecutor b. Prosecution president. Which of the following is not one of them?
c. Trial d. Preliminary Investigation a. Pardon
b. Amnesty
*other definitions c. Commutation of Sentence
- act of filing charges d. Parole – granted by BPP
- side or group that filed the case
Q – where lies the burden of proof? PROSECUTION 370. Prison is a place for confinement of convicted prisoners.
What classification of prisoners is sentenced to serve a prison
term of one day to three (3) years or whose fine is less than
362. The settlement of a dispute by a person/s chosen to hear 6,000 but more than 200 or both?
both sides and to come to a decision.
a. National prisoner
a. Mediation b. Settlement b. City prisoner
c. Arbitration d. Agreement c. provincial prisoner
d. municipal prisoner
363. One who prosecutes another for a crime in the name of

the government? 371. Prisons are institution for confinement of convicted
offenders sentenced to more than three (3) years of
a. Public Prosecutor b. Private Prosecutor imprisonment. It is derived from the Greco-Roman word
c. Prosecution d. Ombudsman _____?
a. Presinto
364. It refers to the “court of last resort”. b. Precindio
c. presidio
a. RTC b. Sandiganbayan d. precinto
c. Supreme Court d. MTC total composition –
15 “P” – Presidio
Jail – originated from a French “Gaol”; Spanish – Jaulo / Caula

365. This court was created under RA 1125, as amended, which – cage
has exclusive appellate jurisdiction to review on appeal Bilibid – tagalog word “Bilibiran” – tie in rope
decisions of the Commissioner of the Internal Revenue
involving internal revenue taxes and decisions of the
Commissioner of Customs involving customs duties. 372. There are how many members the composed the Lupon?
a. Court of Justice b. Court a. 3 members

of Appeals b. 5 to 10 members
c. Sandiganbayan d. Court c. 10 to 20 members
of Tax Appeals d. 5 members
*total composition of CTA? 6

373. It is granted to convicted offenders who have served a
portion of their service granted by the Board of Pardons and
366. This court has jurisdiction over crimes committed by high- Parole.
ranking public officials (with salary grade of 27 above), which
can only be committed because of their position. a. Pardon b. Probation
c. Amnesty d. Parole
a. Court of Justice b. Court of Appeals
c. Sandiganbayan d. Court of Tax Appeals
374. It is a security facility, usually operated by the police
stations, for the temporary detention of persons held for
367. It a writ order of the court bearing its seal and the investigation or awaiting preliminary investigation before the
signature of the judge directing the jail or prison authorities to prosecutor.
receive the convicted offender for service of sentence.
a. Lock-up jail b. Ordinary jail
a. Commitment Order – “detainees” c. workhouses d. prison Types
b. Mittimus of Jail
c. warrant of arrest
d. habeas corpus

A. Apprehend B. Search
C. Set free D. Renounce
375. It is a form of motivation granted by the Director of
Prisons whereby a number of days are deducted from the
length of years that a prisoner have been sentenced to serve 383. Refers to the counsel provided by the government to
for his good conduct. assist destitute litigant?
a. Commutation of sentence b. Parole a. Counsel de officio b. counsel de parte

c. GCTA d. reprieve (defense lawyer)
c. Public Attorney’s Office d. volunteer counsel
376. Correctional institutions in the country is divided into
National and Local institution. What Department of the *agency that gives free legal assistance = PAO
Executive Branch is the one in charge of the National
Penitentiary - 7?
384. He represent the government’s position in a criminal case
a. Bureau of Jail Management and Penology during court proceedings from the time of the suspect’s arrest
b. Department of Justice until the adjudication of his case.
c. Department of Interior and Local Government
d. Bureau of Correction a. Counsel de officio b. counsel de parte
c. Public Attorney’s Office d. prosecutor
377. It is the suffering that is inflicted by the state for the

transgression of the law. 385. What is the highest rank in the national prosecution
service?
a. penalty b. self-defense
c. exemplarity d. punishment - redress a. Prosecutor V b. Prosecutor IV
c. Prosecutor VI d. Chief Prosecutor
378. City and Municipal is the division of our correctional *Q – what is the highest position in the NPS? Prosecutor
institution which primarily in charge of those detention General
prisoner, awaiting for final judgment of their trial and serving
short sentences and under the Bureau of Jail Management and
Penology. While it is true that even the Provincials Jails like the 386. The Office of the ____________represents the
City and Municipal Jails are under the DILG, it is subject to the Government of the Philippines, its agencies and
control and supervision of the __________? instrumentalities and its officials and agents in any litigation,
proceeding, investigation or matter requiring the services of
a. Bureau of Jail Management and Penology lawyers
b. Department of Justice
c. Bureau of Correction a. Solicitor General b. Public Attorney’s Office
d. Provincial government c. Counsel de officio d. counsel de parte
379. This is the process wherein the inmate, after serving his 2 Primary Jobs of a Sol.Gen.
sentence, is released to be able to mingle with the community. a. Lawyer of the government in a litigation
b. Prosecutor for cases in CA and SC
a. Reintegration – happens in community pillar
b. Reincarnation
c. Realization 387. An office which Investigate and prosecute on its own or
d. Rehabilitation on complaint by any person, any act or omission of any public
officer or employee, office or agency, when such act or
omission appears to be illegal, unjust, improper or inefficient
380. It refers to the examination of an individual’s person,
house, papers or effects, or other buildings and premises to a. Solicitor General Office b. Public Attorney’s Office
discover contraband or some evidence of guilt to be used in the c. Ombudsman d. Sandiganbayan
prosecution of a criminal action:
388. An office which shall independently discharge its mandate
a. Search b. seizure to render, free of charge, legal representation, assistance, and
c. Raid d. entrapment counselling to indigent persons in criminal, civil, labor,
administrative and other quasi-judicial cases
*surprise search = Raid
*surprise search in prison = greyhound a. Solicitor General Office b. Public Attorney’s Office
c. Ombudsman d. Sandiganbayan
381. This court was established by virtue of PD 1083, otherwise

known as “Code of Muslim Personal Laws of the Philippines”. 389. Is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime
a. Court of Tax Appeals b. Shari’a Court has been committed and the respondent is probably guilty
c. Sandiganbayan d. Family Court thereof and should be held for trial (probable cause)
a. custodial investigation
382. What is the antonyms (reverse meaning) of the word b. inquest proceeding
arrest? c. preliminary investigation
d. arraignment

397. The Latin statement, "res inter alios acta nocere non
390. Is an inquiry made by the duty prosecutor to determine debet," means
the legality of the arrest made especially those arrests made
A. the law may be harsh but it is the law
without a warrant
B. the welfare of the people is the supreme law
a. custodial investigation C. there is no crime if there is no law punishing it
b. inquest proceeding D. the rights of a party cannot be prejudiced by an act,
c. preliminary investigation declaration, or omission of another
d. arraignment *reading of charges = arraignment
398. The father of X admitted on television that his son is a
robber. This statement of the father against his son is not
391. It is the power to apply the laws to contests or disputes
concerning legally recognized rights or duties of and between admissible against the son because of ___.
the state and the private persons or between individual litigants a. res inter alios acta rule
in cases properly brought before the judicial tribunals. b. dying declarations
c. res inter alios acta rule # 2
a. court power d. common reputation
b. legal power
c. judicial power
399. A testified that B has committed snatching several times
d. right power
on the same street. Can the court admit this testimony as
evidence against B?
392. It has original exclusive jurisdiction over public officers a. Yes, as part of res gestae.
accused of committing crimes in relation to their official b. Yes, as a dying declaration.
functions and whose salary grade is 27 and above. c. No, since he had no personal knowledge.
d. No, because under the similar conduct as evidence
a. Solicitor General Office
b. Public Attorney’s Office rule (also known as previous conduct as evidence; res inter
c. Ombudsman alios acta rule # 2)
d. Sandiganbayan
400. The declaration of a dying person, made under the
*Q – what if there is a conspiracy between a SG 27 and a consciousness of an impending death, may be received in any
PRIVATE in the commission plunder. Are they going to be tried case wherein his or her death is the subject of inquiry, as
in Sandiganbayan together or separately? TOGETHER
evidence of the cause and surrounding circumstances of such
death. This is
393. It is said that the home is the cradle of human personality,
for it where the child develops his fundamental attitudes and a. dying declaration
habits that last throughout his life
b. declaration in articulo mortis
a. school c. ante-mortem statement
b. community d. declaration at the point of death
c. barangay e. All of these
d. family
394. It refers the process whereby disputants are persuaded

by the Punong Barangay or Pangkat to amicably settle their
disputes
a. agreement
b. conciliation
c. conference
d. mediation
395. If Marcello is a resident of Valenzuela City but he

committed the crime in Manila against Cassie who is resident
of Caloocan City, the case should be filed in_____
A. Caloocan City where Cassie is a resident
B. Manila, where the crime was committed
C. Any prosecutor’s office in Metro Manila
D. Valenzuela city where Marcello is a resident
396. What is the treatment of the court on evidence that is

determined to be incompetent?
A. Inclusion
B. Archive
C. Admission
D. Exclusion

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APRIL 2023

SPECIAL FINAL COACHING ON CRIMINAL LAW AND

7. The constitutional limitation of ex post facto law in the

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a. Clerk of court b. judge

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311. Refers to the person who is being implicated to the

*other option: Person of interest a. Miranda Doctrine b. R.A. 7438

a. Criminal Justice System a. court b. corrections

318. A body of civil authority tasked to maintain peace and

a. arraignment b. preliminary investigation a. R.A. 8294 b. R.A. 7080

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328. It refers to the art or science of identifying law violators,

23 | P a g e AMICI REVIEW CENTER

337. It refers to the questioning initiated by law enforcement

338. In cases committed by Public officer with salary grade 27

a. original jurisdiction b. exclusive jurisdiction 359. The “anti-Plunder Act”.

24 | P a g e AMICI REVIEW CENTER

363. One who prosecutes another for a crime in the name of

Jail – originated from a French “Gaol”; Spanish – Jaulo / Caula

a. Court of Justice b. Court a. 3 members

*total composition of CTA? 6

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a. Commutation of sentence b. Parole a. Counsel de officio b. counsel de parte

377. It is the suffering that is inflicted by the state for the

381. This court was established by virtue of PD 1083, otherwise

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394. It refers the process whereby disputants are persuaded

395. If Marcello is a resident of Valenzuela City but he

396. What is the treatment of the court on evidence that is

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