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DIAGNOSTIC EXAMINATION IN CRIMINAL JURISPRUDENCE
CRIMINOLOGISTS Licensure Examination
First Day
8:30 a.m. 11:30 a.m.
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INSTRUCTION: Select the correct answer for each of the following
questions. Mark only one answer for each item by marking the box
corresponding to the letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.
MULTIPLE CHOICE
1. Which one is an exception to the territorial application of
Criminal Law?
A. Law is given retroactive effect.
B. Law of preferential application.
C. Bill of Attainder.
D. While being public officers or employees, should commit an
offense in the exercise of their functions.
E. All of these
2. When an accused is on trial for a new crime and has previously
served sentence for another crime to which the law attaches an
equal greater penalty, or for two or more crimes to which the
law attaches a lighter penalty, theres an aggravating
circumstances of
A. abuse of Confidence
C. treachery or alevosia
B. reiteracion or habituality
D. unlawful Entry
3. Lando is an employee of Baltik Trade Corp. As an employee
thereof, he was able to learn the safety vault combination. One
Saturday evening he went to their Office to steal the money
placed in the safety vault. He found it empty. For what crime is
he liable of:
A. Attempted Theft
C. Frustrated Theft
B. Impossible Crime
D. Attempted Robbery
4. The legal term DELITO COMPUESTO is best described as
A. Two acts producing two or more grave or less felony.
B. A crime as a necessary means of committing another crime.
C. A single act producing two or more grave or less felony.
D. A single act producing two or more light felonies.
5. Jorge is under detention for violation of RA 6425. One day he
was involved in a fight with e fellow inmate. He killed his
fellow inmate, thus a case of homicide was also filed. Is Jorge
a recidivist?
A. Yes, because his second crime is considered as felony.
B. Yes, because he is already convicted of the first crime.
C. No, because he is convicted of his first crime.
D. No, because he is not yet convicted of his first crime.
6. Berto unlawfully shot to death Facundo while the latter was at
his brothers house. What aggravating circumstance is present?
A. Disregard of sex
C. Nighttime
B. Dwelling
D. Superior strength
32. Which of the following words has the same meaning as the word
deceit?
A. dolo
B. culpa
C. fault
D. negligence
33. A chief of Police of a municipality, believing in good faith that a
prisoner serving a ten-day sentence in the municipal jail, would
not escape, allowed said prisoner to sleep at the latters house
because the municipal jail was so congested and there was no bed
space available. Accordingly, the prisoner went home to sleep every
night but returned to jail early each morning, until the ten-day
sentence had been fully served. What crime was committed by the
chief of police?
A. infidelity of public officer
B. dereliction of duty
C. illegal detention
D. consenting on conniving to evasion
34. Pascual operated a rice thresher in Barangay Napnud where he
resided. Renato, a resident of the neighboring Barangay Guihaman,
also operated a mobile rice thresher which he often brought to
Barangay Napnud to thresh the Palay of the farmers there. This was
bitterly resented by Pascual. One afternoon Pascual, and his two
sons confronted Renato and his men who were operating their mobile
rice thresher along a feeder road in Napnud. A heated argument
ensued. A barangay captain who was fetched men tried to appease
Pascual and Renato to prevent a violent confrontation. However,
Pascual resented the intervention of the barangay captain and
hacked him to death.
A. Homicide with assault upon a person is authority
B. Direct assault
C. Homicide with assault upon an agent of a person in authority
D. indirect assault
E. Homicide
35. Suspecting that Juan was a drug pusher, SPO2 Mercado, leader of
the NARCOM team, gave Juan a P100-bill and asked him to buy some
marijuana cigarettes. Desirous of Pleasing SPO2 Mercado, Juan went
inside the shopping fifteen minutes, Juan returned with the sticks
of marijuana cigarettes which he gave to SPO2 Mercado who thereupon
placed Juan under arrest and charged him with violation of placed
Juan under arrest and charged him with violation of The Dangerous
Drug Law by selling marijuana cigarettes. Is Juan guilty of any
offense punishable under the Dangerous Drugs Act?
A. No, Juan is Not guilty of any offense
B. Yes, Juan is guilty of under the Dangerous Drugs Act.
C. Yes, for illegal possession of marijuana
D. Yes, for Illegal selling of marijuana
E. c and d only
36. PO1 Guzman saw Gorio, an inmate, escaping from jail and ordered the
latter to surrender. Instead of doing so, Gorio attacked PO1 Guzman
with a bamboo spear. Gorio missed in his first attempt to hit PO1
Guzman and before he could strike again. PO1 Guzman shot and killed
him. Is PO1 Guzman criminally liable?
A. yes self defense was proper
B. No, crime of murder was committed
C. No, there was treachery
D. No Crime, of homicide was committed
E. Yes, because Filemon was a criminal
47. What crime exists when a single act constitutes two or more
grave or less grave felonies or when an offense is a necessary
means for committing the other?
A. complex
C. continuing
B. composite
D. compound
48. What must be considered in determining whether the crime
committed is only attempted, frustrated or consummated?
A. the elements constituting the felony
B. none of these
C. the nature of the offense
D. the manner of committing the felony
E. all of these
49. What crime is committed when A, while driving a truck, ran over
a girl crossing the street during a torrential rain and the girl
died?
A. homicide
B. reckless imprudence resulting o homicide
C. serious physical injury
D. murder
50. What crime can be charged of one who retains a minor in his
service against the minor's will and under the pretext of
reimbursing himself of a debt incurred by the child's parents?
A. white slavery
C. exploitation of child labor
B. inducing a minor to work
D. kidnapping
51. A notary public issued a supposed copy of a deed of safe, when
in fact no such deed of sale was prepared by him. A is liable
for
A. estafa
C. falsification
B. forgery
D. all of these
52. What kind of presumption involves the mental process by which
the existence of one fact is inferred from proof of some other
facts?
A. conclusive
B. of law
C. disputable
D. of fact
53. During the pendency of his criminal case, A died due to heart
attack. His untimely death will result in the
A. termination of the proceedings
B. postponement of the case
C. suspension of the case
D. dismissal of the case for lack of respondent
E. None of these
54. When could an ordinary citizen give his opinion regarding the
handwriting of a person?
A. when he has to testify only as to the mental and emotional
state of the one who authorized the handwriting
B. when it is the handwriting of one whom he has sufficient
familiarity
C. when he is a questioned examiner
D. when he is a graduate of criminology
55. Is the right against self-incrimination automatically
operational?
A. yes, it can be waived
C. no
B. no, it must be claimed
D. yes
84. A and B, living together as husband and wife, but not married.
A killed B. What crime does A committed?
A. murder only
D. murder & homicide
B. homicide only
E. parricide only
C. none of the these
85. A and B are board mates. B went out from their boarding house.
A put chair to block the door. Suddenly, a person is forcing to
open the door block with chair. Ask the person forcing to open
the door, the person is not responding. A went to kitchen to
get knife. B forced to open the door. Then A struck B with the
knife. B died. What crime did A committed?
A. mistake in blow
D. mistake in fact
B. error on personae
E. mistake of identity
C. none of these
86. A with intent to kill B, burn the house of B. B died. What
crime A committed?
A. arson with M
D. murder only
B. arson only
E. all of the above
C. homicide only
87. Peter died to tumultuous affray. What should be the proper case
to be filed?
A. all of them will be put on the complaint
B. different charges will be filed to each of them
C. none of the above
D. both A and B
88. John stabbed Steve three times resulting to Steves death. Due
to circumstantial evidence presented, it found out that Steve is
John's brother. What crime did X committed?
A. murder
C. homicide
B. parricide
D. none of these
89. What is the minimum distance imposed to those punished with
Destiero?
A. 25 kms
D. 50 kms
B. 75 kms
E. none of these
C. 95 kms
90. How many days that a child that was born before the second
marriage can become legitimate?
A. 181
D. 180 days
B. 191 days
E. 190 days
C. none of these
91. The crime of libel will prescribe how many days?
A. one (1) year
D. two (2) years
B. four (4) years
E. three (3) years
C. None of these
92. How many days before a Prosecution will issue a subpoena?
A. 10
D. 20
B. 30
E. none of the above
C. 15
93. XX killed his three-year-old child, what crime did he commit?
A. infanticide
C. parricide
B. homicide
D. none of these
94. A is walking a certain street, on his way, he found P100.00
bill. A went in a certain restaurant and spend the money to pay
the food he ate, what did A committed?
A. Swindling
D. thief
B. estafa
E. robbery
C. none of these
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