FINAL COACHING PART 3 13.

Which of the following is considered as a person in

CRIMINAL LAW AND JURISPRUDENCE authority?
1. Who are persons having no apparent means of subsistence, a. Jail guard b. Fireman
who have physical ability to work and who neglected to apply c. Barangay chairman d. Policeman
themselves to some lawful calling? 14. Any widow who shall marry within 301 days from the date
a. Vagrants b. Pensioners death of her husband, or before having delivered if she shall
c. Veterans d. Sloth been pregnant at the time of his death shall be liable for:
2. Who is any person directly vested with jurisdiction, whether a. Premature marriage b. Illegal marriage
as an individual or as a member of some court or government- c. Unlawful marriage d. Immoral marriage
owned or controlled corporation, board or commission? 15. Any person who, by any act not constituting perjury shall
a. Person in Authority b. Public Officer directly incriminate or impute to an innocent person the
c. Government Official d. Agent of person in Authority commission of a crime is called:
3. Armand erased, substituted, counterfeited and altered the a. Slander
figures, letters, words, or sings contained in the documents. b. Oral Defamation
What crime was committed? c. Incriminating Innocent Person
a. Usurpation b. Forgery d. Libel
c. Calligraphy d. Falsification 16. Which among the foregoing is considered as the primary
4. What crime was committed by a man when he intentionally source of criminal law?
lopped any part of the body of the offended party including the a. Special law
essential organ for reproduction? b. Act no. 3815
a. Mutilation b. Serious Physical Injury c. Penal presidential decrees under martial law
c. Frustrated Homicides d. Maltreatment d. Constitution
5. When the offender is a private person who enters the 17. RA 7659, the death penalty may be suspended when the
dwelling of another against the latter’s will, he may be liable for accused is among the foregoing, except:
the crime of: a. Person over 70 yrs. of age
a. Violation of domicile b. Coercion b. A woman whole pregnant
c. Trespass to dwelling d. Expulsion c. Person over 18 but under 21 yrs. of age
6. It is committed by any person who, with intent to gain but d. Woman within one year after delivery
without violence against or intimidation of neither nor force 18. The following are the requisites for self-defense, except:
upon things, shall take personal property of another without the a. Lack of sufficient provocation on the part of the person
latter’s consent. defending himself
a. Estafa b. Theft b. Reasonable necessity of the means employed to prevent or
c. Robbery d. Brigandage repel it.
7. Jane Dean willfully damaged another’s property for the sake c. Lack of intent on the part of the person defending himself
of causing damage due to hate, revenge or other evil motive. d. Unlawful aggression
She may be liable for: 19. The degree of proof required to convict a person accused
a. Unjust vexation b. Tumultuous Affray of treason:
c. Destruction of property d. Malicious Mischief a. Substantial evidence
8. Who are those taking part in the performance of public b. Dangerous tendency rule
functions in the government or performing in said government c. Proof beyond reasonable doubt
or in any branches public duties as an employee, agent or d. Two witness rule
subordinate official of any rank or class? 20. It refers to a legislative act which inflicts punishment
a. Public Officers b. Person in Authority without a trial.
c. Barangay Officials d. Agent of person in Authority a. Self repealing law
9. What felony is committed by any public officer who shall b. Ex post facto law
agree to perform an act constituting a crime, in connection with c. Law on preferential application
the performance of his official duties, in consideration of any d. Bill of attainder
offer, promise or present receives by such officer, personally or 21. It refers to an informal and summary investigation
through the mediation of another? conducted by a public prosecutor in criminal cases involving
a. Indirect Bribery b. Direct Bribery person arrested and detained without the benefit of a warrant
c. Plunder d. Corruption of public officials of arrest issued by the court for the purpose of determining
10. It means taking away of a woman from her house or place whether or not said persons should remain under custody and
where she may be for the purpose of carrying her to another correspondingly be charged in court.
place with intent to marry or to corrupt her. a. Interrogation b. Inquest
a. Seduction b. Abduction c. Cross Examination d. Preliminary Investigation
c. Kidnapping d. Light treats 22. What is crime committed by performing any act which casts
11. Any person who shall threaten another with the infliction dishonor, discredit or contempt upon another person?
upon the person, honor or property of the latter or of his family a. Slander by deed b. Libel
of any wrong amounting to a crime shall be held liable for: c. Oral Defamation d. Intriguing against honor
a. Light Coercion b. Grave Threats 23. A police officer who arrested a member of congress while
c. Grave Coercion d. Light Threats going to attend a senate session for a traffic violation is called:
12. What crime is committed by any person who, in any a. Acts tending to prevent the meeting of the National
manner or under any pretext shall engage in the business or assembly
shall profit by prostitution or shall enlist the services of any b. Crime against popular representation
other for the purposes of prostitution? c. Violation of parliamentary immunity
a. Vagrancy b. Immoral Doctrine d. All of the above
c. Grave Scandal d. White Slave 24. The following are legal grounds for detention, except:
a. Suspected of committing a felony under the revised penal 37. Which of the following are punishable only when they have
code been consummated, with the exception of those committed
b. Ailment requiring compulsory confinement against person or property?
c. Commission of a crime a. Light felonies b. Grave felonies
d. Violent insanity c. Less grave felonies d. Heinous felonies
25. A husband punched his pregnant wife due to constant 38. These are ways and means resorted to for the capture of
nagging, caused the death of their unborn child is guilty called: lawbreaker in the execution of his criminal plan.
a. Intentional abortion b. Abortion a. Mission b. Instigation
c. Unintentional abortion d. Parricides c. Entrapment d. Operation
26. Voluntary but without malice failing to do an act from which 39. What are those circumstances which must be taken into
material damage results by reason of inexcusable lack of consideration in reducing or increasing the penalty to be
precautions on the part of the person performing the act. imposed according to the nature and effects of the crime and
a. Negligence b. Imprudence the other conditions attending its commission?
c. Reckless imprudence d. Reckless negligence a. Mitigating b. Alternative
27. Which among the following may be used as evidence in a c. Aggravating d. Exempting
judicial proceeding? 40. It is the penalty by the revised penal code after considering
a. Filial privilege b. Parental privilege the mitigating and aggravating circumstances.
c. Dying declaration d. Privileged conversation a. Prescribed b. Imposed
28. A motion for new trial should be filed at any time within 15 c. Imposable d. Promulgated
days from the promulgation of a judgment of conviction that is: 41. Avoidance of greater evil or injury as one of the justifying
a. After the final entry of a judgement of conviction circumstances is also known:
b. Before the appeal is perfected a. Irresistible Force b. Insuperable Cause
c. After the appeal is perfected c. State of Necessity d. Uncontrolled Fear
d. All of the above 42. Below are afflictive penalties prescribed under the revised
29. Constitution proscribes or prohibits unreasonable searches penal code, except:
and seizures of whatever nature. Without as judicial warrant, or a. Prison Mayor b. Reclusion Temporal
warrantless search is not allowed, except: c. Reclusion Perpetua d. Prison Correctional
a. Stop and frisk situation 43. What crime is committed by any public officer or employee
b. Seizure of evidence to a lawful view who, not being thereunto authorized by law, shall expel any
c. A search incident to a lawful arrest person from the Philippine Island or shall compel such person
d. All of the above to change his residence?
30. All are outlawed because they place the sanctity of the a. Grave Coercion b. Violation of domicile
domicile and the privacy of communication, correspondence at c. Trespass to Dwelling d. Expulsion
the mercy of the whims, passion of peace officers. 44. It is the taking, with intent to gain of a motor vehicle
a. General search warrant belonging to another without the latter’s consent, or by means
b. Illegally seized documents of violence against or intimidation of person, or by using force
c. Unreasonable search and seizure upon things.
d. All of the above a. Qualified theft b. Brigandage
31. The following are the requisites of an information, except: c. Highway Robbery d. Carnapping
a. It must be charged a person with an offense 45. Which of the following felonies is committed only during
b. It must be subscribed by the prosecutor time of war?
c. It must be filed by the offended party a. Treason b. Sedition
d. It must be in writing. c. Coup e’ tat d. Rebellion
32. What characteristic of criminal law is simply describes that 46. It refers to a scientifically defined pattern of psychological
the penal law is binding on all persons who live or sorjoun in and behavioral symptoms found in women living in battering
the Philippine territory irrespective of sex, nationality or civil relationships as a result of cumulative abuse.
status? a. Sexual abuse
a. Territoriality b. Generality b. Stalking syndrome
c. Retrospectively d. Prospectively c. Violence against women
33. Before arraignment, if the crime charged is vague to the d. Battered woman syndrome
accused he may move for a: 47. The following are the exemptions to the general rule that
a. Bill of lading b. Motion to dismiss the arrest must be done with valid warrant, except:
c. Motion to quash d. Bill of particulars a. Res Gestae b. Hot pursuit
34. What are acts which are wrong because of the existence of c. Escapee Arrest d. In flagrante delicto
laws prohibiting them? 48. What is commonly known as dying declaration?
a. Mala Prohibita b. Mala Inse a. Rigor Mortis b. Lividity Mortis
c. Mala Probans d. Mala Probandum c. Articulo Mortis d. Cadaveric Mortis
35. In case, Lana Agenda the accused dies before rendering of 49. The Judiciary Reorganization Act is otherwise known as:
final judgement by the competent court of justice. What will a. BP 129 b. RA 7695
happen to her criminal liability? c. PD 1612 d. BP 186
a. Suspend b. Consume 50. What is a judgement declaring the accused guilty of the
c. Extinguish d. Execute offense charged imposing upon him the penalty provided for by
36. What kind of aggravating circumstance can generally apply law?
to all crimes? a. Dismissal b. Acquittal
a. Specific b. Generic c. Exoneration d. Guilty
c. Qualifying d. Inherent 51. What is the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the imposition on
him of the proper penalty and civil liability, if any?
a. Motion to quash b. Judgement 66. What rules state that: when the subject of inquiry is the
c. Arraignment d. Plea bargaining content of a document, no evidence shall be admissible other
52. What is the quantum of evidence for criminal cases? than the original document itself?
a. Substantial evidence a. Genuine evidence b. Parol evidence
b. Prima facie evidence c. Authenticated evidence d. Best evidence
c. Proof of guilt beyond reasonable doubt 67. Any person who shall defraud another with unfaithfulness
d. Preponderance of evidence or abuse of confidence or by means of any of the false
53. What classification of evidence is directly addressed to the pretenses or fraudulent acts executed prior to or
senses and consist of tangible exhibited in open court? simultaneously with commission of the fraud shall be held
a. Testimonial b. Real liable for:
c. Circumstantial d. Documentary a. Fraud b. Deceit
54. It refers to evidence of the same kind tending to prove the c. Falsification d. Estafa
same point. 68. What crime is committed by any person, who has inflicted
a. Cumulative b. Corroborative physical injuries which shall incapacitate the offended party for
c. Circumstantial d. Conclusive labor from 1-9 days, shall require medical on time?
55. When evidence is illegally obtained which makes it a. Serious physical injuries
inadmissible to the court of justice? b. Mutilation
This is called as: c. Less serious physical injuries
a. Scatter shot b. Res gestae d. Slight physical injuries
c. Forum shopping d. Fruit poisonous tree 69. A person designated by the court to assist destitute
56. It is any statement of fact made by a party against his litigants called:
interest or unfavorable to the conclusion for which he contends a. Attorney at law b. Counsel
or is inconsistent with the facts alleged by him. c. Attorney on record d. Counsel de officio
a. Information b. Admission 70. The duty of the party to present evidence to establish his
c. Declaration d. Confession claim is referred to as:
57. It is any form of attestation by which a person signifies that a. Bill of particulars
he is bound in conscience to perform an act faithfully and b. Burden of proof
truthfully. c. Presentation of evidence
a. Promise b. Pledge d. Burden of evidence
c. Word of honor d. Oath 71. It is a doctrine usually applied where a police officer is not
58. It refers to that degree of proof which produces conviction searching for evidence against the accused, but nonetheless
in an unprejudiced mind: inadvertently comes across incriminating objects.
a. Substantial evidence a. In flagrante delicto b. Plain view
b. Prima Facie evidence c. Stop and risk situation d. Waiver or consented search
c. Preponderance of evidence 72. Judgement is valid and binding when:
d. Proof Beyond Reasonable doubt a. Promulgated during the incumbency of the judge who signed
59. Who performs Cross Examination? b. Filed with the clerk of court
a. Offended party b. Adverse party c. Duly signed by a judge
c. Prosecution party d. Aggrieved party d. All of the above
60. What crime did John commit when he detained Clarissa 73. The prosecution cannot appeal from a judgement of
who deprives the latter of her liberty? conviction to increase the penalty because:
a. Seduction b. Coercion a. The prosecution can ask that the judgement be set aside
c. Illegal detention d. Arbitrary detention b. The prosecution can ask for reopening of the case
61. It is the quantum of evidence for administrative cases c. The accused would be placed in double jeopardy
wherein relevant evidence might accept by a person with d. All of the above
reasonable mind as sufficient to support a conclusion. 74. What is a single act which constitutes two or more grave or
a. Substantial evidence less grave felonies?
b. Prima Facie evidence a. Special complex crime b. Compound crime
c. Preponderance of evidence c. Complex crime d. Continuous
d. Proof Beyond Reasonable doubt 75. It is a circumstance pertaining to the moral order, which
62. Wit refers to a question, which suggests to the witness the adds disgrace and obloquy: to the material injury caused by
answer, which the examining party was desires. the crime.
a. Misleading b. Directing a. Treachery b. Cruelty
c. Misdirecting d. Leading c. Premeditation d. Ignominy
63. Which of the following types of evidence affords the 76. It refers to the mental capacity to understand the difference
greatest certainly of the fact in question? between right and wrong as determined by child’s appearance,
a. Primary b. Positive attitude, comportment and behavior not only before and during
c. Corroborative d. Cumulative the commission of the offense but also after and during the
64. An offer of compromise by the accused may be received as trial.
evidence of an implied admission of guilty in what type of a. Wisdom b. Knowledge
cases? c. Discernment d. Intelligence Quotient
a. Political case b. Civil case 77. This law shall be known as The Revised Penal Code.
c. Criminal case d. Administrative case a. Republic Act 7877
65. All person who can perceive, and perceiving can make b. Act Number 3815
known their perception to others are qualified to become: c. Presidential Decree 1612
a. Plaintiff b. Witness d. Batas Pambansa 22
c. Respondent d. Accused
78. What is the principal element of self defense? This refers to 91. The following grounds are not considered waived even if
an attack that has actually broken out or materialized or is the accused fails to move to quash the compliant or
clearly imminent called: information, except:
a. Unlawful strike b. Unlawful Threat a. The officer who filed the complaint lacks authority to do
c. Unlawful Aggression d. Unlawful Assault b. The information fails to charge an offense
79. Those who are criminally liable by cooperating in the c. Lack of jurisdiction of the offense
commission of the crime without which it would not have been d. Extinction of the offense charged
accomplished: 92. The part of trial wherein the civil aspect of the cause may
a. Principal by necessity be amicably settled:
b. Principal by inducement a. Hearing b. Pre-trial
c. Principal by direct participation c. Plea bargaining d. Preliminary investigation
d. Principal by indispensable cooperation 93. The place of trial for a criminal action is called:
80. What is defined as the power to hear and try a particular a. Motion b. Venue
offenses and impose the punishment for it? c. Jurisdiction d. Territory
a. Jurisdiction b. Duty 94. A certain husband dies before he could institute the
c. Responsibility d. Authority criminal action for adultery against his wife and the paramour.
81. What is the inherent power and authority of the state to The case may:
provide protection of the person and property of a person? a. Still be prosecuted b. Be prosecuted by state
a. Parens Patriae b. Dura lex c. Be prosecuted by the husband’s parents
c. Nullum Crimen d. Mens Rea d. No longer be prosecuted
82. These are felonies, which cannot be prosecuted except 95. These are the women who, for money or profit, habitually
upon complaint filed by the aggrieved party. indulge in sexual intercourse or lascivious conduct.
a. Sexual crimes b. Private crimes a. Vagrants b. Erotomaniacs
c. Seductive crimes d. Lascivious crimes c. Prostitutes d. Nymphomaniacs
83. It refers to a single crime consisting of a series of acts but 96. It refers to the omission of some act which ought to be
all arising from one criminal resolution/ performed.
a. Confused crime b. Complex crime a. Unfeasance b. Misfeasance
c. Continuing crime d. Chronic crime c. Non feasance d. Malfeasance
84. It is when the accusation is exercised by every citizen or by 97. It includes a medley of discordant voices, a mock serenade
a member of the group to which the injured party belongs. The of discordant noises made on kettles, tin, horns etc. designed
action is combat between. The parties, the supposed offender to annoy and insult.
has the right to be confronted by his accuser. Likewise, the a. Rock b. Noise
battle in the form of a public trial is judged by magistrate who c. Charivari d. Outery
renders the verdict. 98. It is the obligation imposed upon party who alleges the
a. Mixed b. Jurisdiction existence of facts necessary for the prosecution of his action or
c. Responsibility d. Authority defense to establish the same by the requisite quantum of
85. It is the restoration of the thing itself which must be made evidence.
whenever possible even when found in the possession of a a. Res gestae b. Onus probandi
third person, except when acquired by such person in any c. Articulo mortis d. Rep ipsa loquitor
manner and under the requirement which by law bar an action 99. It is made before a court in which the case is pending and
for it recovery. in the course of legal proceedings and by itself, an sustain a
a. Reparation b. Restitution conviction.
c. Compensation d. Indemnification a. Judicial confession b. Interlocking confession
86. What is the method prescribed by law for the apprehension c. Extra interlocking confession
and prosecution of persons accused by any criminal offense, d. Extra judicial confession
and for their punishment, in case of conviction? 100. It includes relationship, family genealogy, birth, marriage,
a. Criminal trial b. Criminal law death the dates when and the places where these facts
c. Criminal procedure d. Criminal evidence occurred and the names of the relatives.
87. It exists when a person while of advanced age has a a. Pedigree b. Affinity
mental development comparable to that of children between c. Family tree d. Consanguinity
two and seven years of age.
a. Insanity b. Imbecility
c. Infallibility d. Immaturity
88. It refers to any unjust or improper conduct or act of the
offended party, capable of exciting, inciting or irritation any
one.
a. Vexation b. Vindication
c. Provocation d. Obfuscation
89. It is said that criminal laws are strictly construed against the
state and liberally in favor of whom?
a. Victim b. Police
c. Accused d. Government
90. It is the characteristic of criminal law which means that
penal laws of the Philippines are enforceable or applicable only
within its jurisdiction.
a. Territoriality b. Prospectivity
c. Generality d. Resrospectivity