Criminal Law 1 (Exam 1)

INSTRUCTION: Select the correct answer for each of the following question.

1. This law shall be known as "The Revised Penal Code."

a. Act No. 3815 c. Act No. 3851

b. Act No. 3915 d. Act No. 3951

Ans:A

2. It is the method prescribed for the apprehension and prosecution of persons accused of any criminal
offense, and for their punishment, in case of conviction.

a. Criminal procedure c. arrest

b. Criminal jurisdiction d. Custodial investigation

Ans: A

3. Is that branch of municipal law which defines crimes, treats of their nature and provides for their
punishment?

a. Criminal law c. criminal procedure

b. Criminal jurisdiction d. Custodial investigation

Ans: A

4. The following are the characteristics of Criminal law except;

a. Prospectivity c. Generality

b. Territoriality d. none of these

Ans: D
5. The authority to hear and try a particular offense and impose the punishment for it.

a. Criminal jurisdiction c. Criminal procedure

b. Criminal justice system d. none of these

Ans: A

6. When is the jurisdiction over the person of the accused acquired?

a. Upon the arrest

b. Any peace officer

c. Other public officer charged with the enforcement of the law violated

d. All of these

Ans: A

7. It is a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer, or other public officer charged with the enforcement of the law violated.

a. Information C. Complaint

b. Petition D. None of these

Ans: C

8. It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed
with the court.

a. Information C. Complaint

b. Petition D. None of these

Ans: A
9. Light felonies are punishable only when they have been consummated, with the exception of those
committed against?

a. Crimes against person

b. Crimes against person and property

c. Crimes against property

d. None of these

Ans: B

10. Who may file a complaint?

a. The offended party

b. Any peace officer

c. Other public officer charged with the enforcement of the law violated

d. All of these

Ans: D

11. Who must prosecute criminal actions commenced by a complaint or information?

a. By the prosecutor

b. The offended party in cases cognizable by the Municipal Trial Court or Municipal Circuit Trial Court in
the absence of the prosecutor assigned thereto or to the case

c. Any peace officer in case cognizable by the Municipal Trial Court or Municipal Circuit Trial Court in the
absence of the prosecutor assigned thereto or to the case.

d. All of these

Ans: D

12. A felony when the offender commences the commission of a felony directly or over acts, and does
not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.
a. Consummated felony c. attempted felony

b. Frustrated felony d. felony

Ans: C

13. When two or more persons come to an agreement concerning the commission of a felony and
decide to commit it.

a. Conspiracy b. proposal

b. light felonies c. both a and b

Ans: A

14. It is the question that arises in a case the resolution of which a logical antecedent of the issues
involved in said case, and the cognizance in which pertain to another tribunal.

a. Justiceable question C. Prejudicial question

b. Both a and b D. None of these

Ans; C

15. Anyone who acts in defense of his person or rights, provided that the following circumstances are
present except;

a.Unlawful aggression

b. Reasonable necessity of the means employed to prevent or repel it.

c. Lack of sufficient provocation on the part of the person defending himself.

d. None of the above

Ans: D
16. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this Article are present and that the person defending
be not induced by revenge, resentment, or other evil motive.

a. Justifying circumstances c. exempting circumstances

b. Mitigating circumstances d. Aggravating circumstances.

Ans: Ans: A

17. It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well
founded belief that a crime has been committed and the respondent is probably guilty thereof, and
should be held for trial.

a. Prejudicial question C. Preliminary investigation

b. Cross examination D. None of these

Ans: C

18. Any person who act under the compulsion of irresistible force.

a. Justifying circumstances c. exempting circumstances

b. Mitigating circumstances d. Aggravating circumstances

Ans: C

19. Who may conduct preliminary investigation of election offenses?

a. COMELEC C. Judges of the Regional Trial Court

b. Ombudsman D. None of these

Ans: A

20. One who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of this Code.
a. Recidivist c. Habitual delinquency

c. quasi recidivist d. delinquent

Ans: A

21. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

a. Justifying circumstances c. exempting circumstances

b. Mitigating circumstances d. Aggravating circumstances.

Ans: B

22. That the crime is committed in the night time, or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the offense.

a. Justifying circumstances c. exempting circumstances

b. Mitigating circumstances d. Aggravating circumstances.

Ans: D

23. A legal process issued by the competent authority directing the arrest of a person or persons upon
grounds stated therein.

a. Search and seizure and warrant

b. Warrant of arrest

c. Arrest

d. None of these

Ans: B

24. The taking of a person into custody in order that he may be bound to answer for the commission of
an offense.
a. Custodial Investigation C. Detention

b. Arrest D. None of these

Ans; B

25. The following are criminally liable for light felonies except;

a. Principal c. Accomplices

b. Accessories d. Both A and C

Ans: D

26. What is the lifetime of a warrant of arrest?

a. 30 days

b. 60 days

c. It remains valid until arrest is affected or the warrant is lifted

d. None of these

Ans: C

27. When may a person be arrested without a warrant?

a. When in the presence of the arresting officer or private person, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense.

b. When an offense has just been committed and the arresting officer or private person has probable
cause to believe based on personal knowledge of facts or circumstances that the person to be arrested
has committed it.

c. When the person to be arrested is a prisoner who has escaped from a penal establishment, etc.

d. All of these

Ans: D
28. It is such facts and circumstance which would lead a reasonably discreet and prudent man to believe
that an offense has been committed by the person sought to be arrested.

a. Probable cause

b. Personal Knowledge

c. Prejudicial question

d. None of these

Ans: A

29. What shall a police officer do if he refused admittance into a building where the person to be
arrested is believed to be in?

a. Leave the building and secure a court order to break into the building.

b. Wait outside until the person to be arrested decides to leave the building.

c. After announcing his authority and purpose, the peace officer may break into any building enclose
where the person to be arrested is or is reasonably believed to be.

d. None of these.

Ans: C

30. The duration of the penalty of arresto mayor shall be from?

a. One month and one day to six months

b. one day to thirty days

c. 6 months and 1 day to 6 years

d. 6 yeas and I day to 12 years.

Ans: A

31. It is the security given for the release of the person in custody of the law, furnished by the
bondsman, to guarantee his appearance before any court as required under the conditions specified in
the rules of court.
a. Bail C. Promissory note

b. Undertaking D. None of these

Ans: A

32. Which is not a condition of bail?

a. The accused shall appear before the proper court whenever required by the court or the rules.

b. The bondsman shall surrender the accused to the court for execution of the final judgement

c. That in case the accused jump bail, his bail shall be forfeited in favor of the government and his
criminal liability will be extinguished

d. None of these

Ans: C

33. 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. Compound crime c. complex crime

b. composite crime d. None of these

Ans: C

34. Which is one of the qualifications of sureties to a property bond?

a. Each of them must be a resident owner of real estate within the Philippines.

b. Where there is only one surety, his real estate must be worth at least the amount of the undertaking

c. Both a and b

d. None of these

Ans: C
35. If the accused fails to appear the trial, what shall the bondsman do within 30 days as ordered?

a. Must produced the body of their principal or give the reason for his non production

b. Explain satisfactorily why the accused did not appear before the court when first required to do so.

c. Both a and b

d. None of these

Ans: C

36. Which is one of the rights of the accused at the trial?

a. To be presumed innocent until the contrary is proved beyond reasonable doubt

b. To have speedy, impartial and public trial

c. To be informed of the nature and cause of the accusation

d. All of these

Answer: D

37. Which is an effect of waiver of the right to appear by the accused?

a. There is a waiver of the right to present evidence

b. The prosecution can present evidence if accused fails to appear

c. Both a and b

d. None of these

Ans: C

38. Which is not a requirement in trial in absentia?

a. The accused must be arraigned

b. The accused must have been duly notified

c. The accused failure to appear must be justifiable

d. None of these
Ans: A

39. A kind of immunity statutes, where the evidence obtained cannot be used to prosecute the person.

a. Use and fruits immunity statutes

b. Transactional immunity statutes

c. Acquired immunity statutes

d. None of these

Ans: C

40. A kind of immunity statutes where the evidence obtained cannot be used against the person in any
criminal prosecution.

a. Use and fruits immunity statutes

b. Transactional immunity statutes

c. Acquired immunity statutes

d. None of these

Ans: A

41. The formal mode of implementing the constitutional right of the accused to be informed of the
nature of the accusations against him.

a. Judgment C. Arraignment

b. Plea D. None of these

Ans: C

42. The peril in which the person is put when he is regularly charged with a crime before any tribunal
property organized and competent to try him.

a. Jeopardy C. Imprisonment
b. Detention D. None of these

Ans: A

43. Which is one of the requirements of double jeopardy?

a. Valid indictment

b. Valid plea entered

c. The case is dismissed or terminate with the express consent of the accused

d. Both a and b

Ans: D

44. Which ground for motion to quash is NOT waived even if not alleged?

a. Failure to charged the offense

b. Substantial no-confirmatory to the prescribed form

c. To officer who filed the action not authorized

d. None of these

Ans: A

45. What may be taken up in the pre-trial conference?

a. Plea bargaining

b. Stipulation of facts

c. Marking for identification of evidence of the parties

d. All of these

Ans: D
46. Which is an instance when the presence of the accused is required such that his bond will be
forfeited if he fails to appear?

a. On arraignment B. For identification purposes

b. Both a and b C. None of these

Ans: B

47. It is the adjudication by the court that accused is guilty or not guilty of the offense charged and the
imposition of the proper penalty and the civil liability.

a. Judgment B. Memorandum decision

b. Conviction D. None of these

Ans: A

48. One of the appellate court may adopt by reference the findings of facts and conclusions of law
contained in the decision appealed from.

a. Judgment B. Memorandum decision

b. Conviction D. Acquittal

Ans: B

49. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is also civilly
liable.

a.Art. 100 c. Art. 101

b. Art. 102 d. Art.103

Ans: A

50. When is the approval of Act No. 3815?

a. January 1, 1932 c. January 8, 1932

b. December 1, 1930 d. December 8, 1930

Ans:

“If you know your enemy and you know yourself; therefore you need not fear the result of a hundred
battles.”

-Sun Tzu (Art of War)

FIRST DAY:

CRIMINAL LAW AND JURISPRUDENCE (CLJ 20%)

1. CC was very mad at MM, out of that ill-feeling towards MM, he deliberately break the sidings of MM’s
house. After such act, he decided to go home but when he is about to leave, he thought of getting the
woods coming from the MM’s destroyed house thinking he can use it in his house so he took it and
thereafter leave. What crime did CC commit?

Answer: CC is liable for the crime of theft.

Note: At first CC is only liable for the crime of Malicious mischief because due to anger he decided to
break the siding of MM’s house but for the fact that after breaking it, he took the same with the
intention of using it for his own house, the crime change into theft. According to the comment given by
Atty. Luis B. Reyes regarding Malicious Mischief into theft he said “If there is intent to gain, it is Theft.”

2. It refers to an evidence of oral or written statement of a party presented as evidence to modify,

explain or add to the terms of the written agreement.

Answer: Parole Evidence

3. Republic Act 4200 is called:

Answer: The Anti-wire tapping law

4. The rights of a party cannot be prejudiced by an act, declaration, or omission of another except as
provided by the rules of court.

Answer: Res inter alios acta rule

5. Where several extra judicial confessions had been made by several persons charged with the same
offense and without the possibility of collusion among them, the fact that the statements are in all
respects, identical is confirmatory of the confessions of the co-defendants and are admissible against
the other persons implicated therein.

Answer: Interlocking Confessions

6. The portion of the acts constituting the crime, starting from the point where the offender begins the
commission of the crime to that point where he has still control over his acts and its natural course.

Answer: Subjective phase

Note: Objective phase is the stage where the actor of the crime does not have any control over his acts
and its consequences.

7. Revised Penal Code was approved on:

Answer: December 08, 1930

Note: It took effect on January 01, 1932.

8. This question suggest to the witness the answer to which an examining party requires.

Answer: Leading question

Note: Leading question is not allowed as a general rule but it is allowed in cross examination, in cases of
hostile or unwilling witness and in cases of child witness.

9. It is the judicial court known before as the Justice of the Peace.

Answer: Metropolitan Trial Court (MTC)

Note:

1. Supreme Court- Royal Audencia

2. Court of Appeals- Intermediate Appellate Court

3. Regional Trial Court- Court of the first instance.

4. Family Court- Juvenile Court

10. If the offender is charged of the crime punishable by more than 6 years, the provisional dismissal will
become permanent after the period of __________.

Answer: 2 years

Note: Provisional dismissal is given if the complainant did not appear for several times in a hearing
without any valid cause or did not show interest to pursue the case, the case will be temporarily
dismissed and he will be given certain period of time to revive the case. If the crime charged is
punishable by less than 6 years, he will be given 1 year to revive the case, if he did not it will become
permanent and he cannot charge the accused anymore.

11. The reopening of the case can be made any time after the finality of conviction. Is the statement is
correct?

Answer: No

Note: The reopening of the case can only be made any time before the finality of conviction.

12. If the offended party is a juridical person, is it sufficient to state its name, or any name or
designation by which it is known or by which it may be identified, without need of averring that it is a
juridical person or that is organized in accordance with law.

Answer: Yes

Note: There is no need to emphasize in the complaint or information that the offended party is a
juridical person, it is already sufficient that you state its name. (Example: San Miguel Corp. is the name
of the offended party; you don’t need to aver that it is a juridical person.)

Note: There are two kinds of person, they are the following:

1. Juridical Person- It is any institution, company, or establishment that is ran by people and
considered as one person collectively. Ex. PLMun, Meralco, GMA, San Miguel Corporation etc.

2. Natural person- It is the person that is made by flesh and blood or to be simple, the human being
himself.

LAW ENFORCEMENT ADMINISTRATION (LEA 20%):

1. Scalar principle is also known as the:

Answer: Unity of Command

2. The percentage of the benefit given to a police officer that retired due to permanent disability in
accordance with his base pay is:

Answer: Eighty Percent (80%)

Note: The other retirement benefit is coming from the regular retirement from the time a police officer
reach the retirement age of 56 years old and its percentage is 50% in accordance with the basic pay. This
question was asked in the board exam TWICE.

3. The amount and nature of the demands of the police service are not the same on all three shifts. It is
therefore necessary to make available maximum manpower at the time the police service is of greatest
demands. This is organization by:

Answer: Time

4. The principle of police organization which tells the unbroken flow of command from top to bottom of
the organizational hierarchy refers to:

Answer: Chain of Command

5. The principle of police organization that says that to be an effective organization, it needs that only
one man gives the orders and the subordinate should report to only one supervisor.

Answer: Unity of Command/ Scalar Principle

6. Simply the workload plan/work routine plan.

Answer: Operational plan (Oplan)

Note: This plan is intended for specific purpose such as drug crack down or crime prevention program.

7. The approach in planning which considers all the organizational processes together to try to
understand how they relate to each other and the environment in which the system function refers to.

Answer: Analytical Approach

8. The form of security which involves the safeguarding of personnel, properties and operations of
business enterprise.

Answer: Industrial Security

Note: Operational security is like industrial security, but operational security is concerned on the
safeguarding of formulas and patents of a business enterprise.

9. The additional overhang of barbed wire, placed on vertical perimeter fences facing upward and
outward at 45̊ angle.

Answer: Top guard

10. The Code uttered by security personnel when he is forced by armed men to enter the installation
which gives alarm to the other security personnel and to the employees.

Answer: Duress Code

11. The term used in England for lock pickers, safe crackers and penetrators.

Answer: Peterman

12. New employees should be briefed on security rules and regulations of the organization and the
importance of observing them.

Answer: Security Orientation

13. The unobstructed area maintained on both sides of a perimeter barrier.

Answer: Clear Zone

Note: As far as I remember, interior clear zone must be 20 feet wide and the exterior clear zone must be
50 feet wide or vice versa. (I cannot be sure because I forgot what specific book I have read such
information so rather research for it).

14. The tenure of service of a security guard is:

Answer: Co-terminus (same limit) with the service contract.

15. Security agencies are only allowed to have a high powered firearms if there is an upsurge of
lawlessness and criminality, provided, it shall not exceed ______ of the total number of their security
guards.

Answer: 10%

Note: The highlighted phrase in number15 was asked in October 2012 Board Exam and that is the only
reason for a security agency to have high powered firearms. I just mixed them in one questions.
16. He has the authority to issue and revoke license of a security guard.

Answer: Chief, PNP (with the rank of General Director)

Note: PNP, SAGSD is the division of PNP that processes and issues licenses of a security guard.

17. It refers to the records that are irreplaceable and reproduction of this record does not have the
same value as the original.

Answer: Class 1 document/Vital document

Note: The other classes of document are: Class II document/Important document, Class III
document/Useful document and Class IV document/Non-essential document.

18. Police Chief Inspector has the insignia of:

Answer: 1 Silver Sampaguita

Note:

-General Director: 4 star

-Deputy Dir. Gen.: 3 star

-Director: 2 star -Chief Supt.: 1 star

-Senior Supt.: 3 Silver Sampaguita

-Superintendent: 2 Silver Sampaguita

-Chief Inspector: 1 Silver Sampaguita

-Senior Inspector: 2 bronze anahaw

-Inspector: 1 bronze anahaw

Note: The police officers having a rank from Inspector to Director General are called Commissioned
Officers while SPO4 and below are called Non-Commissioned Officers.

19. The traditional stereo type of patrol whereby patrol officers were just waiting for the calls of the
citizen for a crime incident to happen but ready to respond anytime. This kind of patrol works on the
principle of crime suppression.

Answer: Reactive patrol

Note: There is a modern concept of patrol called Proactive patrol whereby patrol officers has a specific,
predetermined preventive functions and it works on the principle of crime prevention.
20. The concept that the effectiveness of a police organization is based on the high number of arrest is
called:

Answer: Ancient Concept

Note: The other concept is the Modern Concept which states that the effectiveness of a police
organization is based on absence of crime and not by high number of arrests.

21. Considered as the oldest kind of patrol.

Answer: Foot patrol

Note: Foot patrol was introduced in the Philippines on August 07, 1901 while the Mobile patrol was
introduced on May 17, 1954 that was first operated by Major Isaias Alma Jose, and he was considered as
the Father of Philippine Patrol.

22. The Royal Malaysian Police is under the __________________________.

Answer: Ministry of Interior

Note:

1. Philippines- Philippine National Police

2. Canada- Royal Canadian Mounted Police

3. Hong Kong- Royal Hong Kong Police Force

4. Taiwan- Taiwan Police Force

5. Japan- National Police Agency

6. Singapore- Singapore Police Force

7. Myanmar- People’s Police Force

8. Indonesia- Indonesian National Police

9. Malaysia- Royal Malaysian Police

10. Thailand- Royal Thai Police

11. Brunei- Royal Brunei Police Force

23. A police officer will be separated from service if within ____________

he is not promoted.

Answer: 10 years
Note: This is called “Attrition by reason of non-promotion” under R.A. 8551.

SECOND DAY:

CRIMINALISTICS (20%)

1. This is the division of the classification formula which is represented by capital and small letters.

Answer: Secondary Division

Note:

Key/Major/Primary/Secondary/Sub- Secondary/Final

1. Key- Numerical value of the 1st loop appearing on the fingers except the little finger.

2. Major- Uses the thumb as the basis for classification.

3. Primary- Numerical value of each whorl appearing on the fingers.

4. Secondary- Involves the index finger as the basis of classification.

5. Sub-Secondary- Involves the index, middle and ring finger as the basis of classification.

6. Final- Involves the little finger as the basis of classification.

Note: For arch pattern (Plain arch and tented arch) just write a dash (-).

2. The modern method of identification which is the biological equivalent of fingerprint.

Answer: DNA Fingerprinting

Note: Don’t be confused because in the board exam there is also a choice of DNA (Deoxyribonucleic
Acid) only and that is very wrong because DNA is the substance found in the cells that is used for
identification but the method used is the DNA Fingerprinting.

3. The Father of Mug shot Photography.

Answer: Alphonse Bertillion

Note: He is also the Father of Anthropometry System, Father of Personal Identification and the first one
to use photography in police work as a secondary means of identification next to Anthropometry.

4. The two concepts studied and applied in photography are:

Answer: Light and Darkness

5. In the time of Henry and Galton, There were 3 kinds of arch pattern; they are the plain, tented and
______.

Answer: Exceptional Arch

Note: At their time, there were total of 9 patterns but because of the modern system used in the
Philippines which is the “Galton-Henry system with FBI modification extension” they abolished the
exceptional arch, therefore we only have 8 patterns left.

1. A-rch(plain)

2. T-ented arch

3. R-adial loop

4. U-lnar loop

5. W-horl (plain)

6. C-entral pocket loop whorl

7. D-ouble loop whorl

8. X-Accidental Whorl

6. The instrument used for recording and preserving developed latent prints.

Answer: Fingerprint transfer card

Note: In cases of dead person and they need to be fingerprinted, Strip card holder is used.

7. Strokes characterized by sudden change in pressure associated with increase in speed.

Answer: Pen Emphasis

8. It is the imaginary or real line in which the writing rests.

Answer: Baseline

9. The illustration of the basic letter or designs which is fundamental to the writing system is called:

Answer: Copy Book Form

10. In polygraphy, pre-test interview usually lasts for how many minutes?

Answer: 20-30 minutes

Note: In cases of nervous subject, it can be extended.

11. Polygraph examiner may intend to probe in the course of examination. It should be conducted:

Answer: Every after taking each chart

Note: This kind of probing (investigation) is called Chart Probing.

12. Process conducted to restore tampered serial numbers:

Answer: Acid Etching Process/ Acid Etching Test

13. There are two major types of firearms, the small arms and the __________.

Answer: Artillery firearms

Note: The size of the projectile of a small arm is less than 1inch in diameter, while the artillery firearm is
equal to or more than 1inch in diameter.

14. It is the upward movement before explosion.

Answer: Jerking

Note: The downward movement before explosion is called Flinching.

15. He is the Father of Forensic Science.

Answer: Edmond Locard

Note: He introduced the Exchange Theory which according to him “In every crime, there will always be
traces that will be left either by the suspect or the victim and said traces will lead to the author of the
crime.”

Note: The Father of Criminalistics is Dr. Hans Gross.

16. It is the small/ minute marks found in fired bullets.

Answer: Striations
17. According to Alphonse Bertillion, the bones of human stops to grow longer after the age of
__________.

Answer: 20 years old

Note: An adult has the total of 206 bones and a child has the total of 200 bones. As the child grows
older, his 3 pairs of ossicles or tiny bones found in both middle ears are developed which becomes the
additional 6 bones.

18. It is a form of asphyxia death brought about by mechanical compression of the chest by some heavy
objects.

Answer: Crush or traumatic asphyxia

Note: This is also called Burking because of the modus operandi of William Burke and William Hare in
which they use to kill by simultaneously smothering and compressing the chest of their victims (usually
those who were under the influence of alcohol). After killing they sold their victims to a medical school.
This incident was known as the “West Port Murder”.

19. It is a type of shotgun that has riflings few inches from the muzzle point.

Answer: Paradox gun

Note: There are 3 types of shotgun, they are the following:

1. Cylinder- has equal size of barrel from the muzzle point up to the breech.

2. Choke- has a reducing size of barrel from the muzzle point up to the breech.

3. Paradox- Unique kind of barrel because it is the one that has riflings few inches from the muzzle point.

Note: Shotgun is a smooth bore weapon which means it does not have riflings and it is a breech loading
mechanism.

20. It is a special form of pen lift; a perception of gap between continuous strokes without lifting the
writing instrument.

Answer: Hiatus

21. An old kind of camera which is considered as the forerunner of modern camera.

Answer: Camera Obscura

22. It is the introductory up and down stroke which is found in many small letters.

Answer: Beard (Double Hitch)

CRIME DETECTION AND INVESTIGATION (15%)

1. A Pattern of deep cracking on the surface of a material that was burned indicative of the point of
origin.

Answer: Charring

2. Heat transfer through direct contact between materials.

Answer: Conduction

Note: The other two ways of heat transfer are Convection and Radiation.

3. The constant temperature at which the vapor pressure of the liquid is equal to the atmospheric
pressure.

Answer: Boiling point

4. The burning of the low grade heavy oils or resinous or tarry materials with sufficient air, forms lamp
black commonly known as:

Answer: Soot

5. It refers to a person who suffers from a compulsive desire to set things to fire or to incendiarism.

Answer: Pyromania

6. Every device which is self propelled by electric power obtained from overhead trolley wires, but not
operated upon rails.

Answer: Motor Vehicle

7. The professional license is good for how many years?

Answer: Three (3) years

Note: Non-professional and professional license are both good for 3 years renewable but the student
permit is only good for 1 year non-renewable.
Note: The following are the eight (8) regular licenses, having their own numerical description:

1. Motorcycle and Tricycle.

2. Within 4,500kg- (Manual/ Automatic) (L).

3. More than 4,500kg- (Manual/ Automatic) (T).

4. Within 4,500kg- (Automatic) (L).

5. More than 4,500kg- (Automatic) (T).

6. Within 1,600kg- Articulated Motor Vehicle (AMV).

7. More than 1,600kg but not more than 4,500kg- Articulated Motor Vehicle (AMV).

8. More than 4,500kg-Articulated Motor Vehicle (AMV).

9. Special license for Persons with Disability (PWD).

8. A combustible material that generates heat because of internal chemical action of eventually ignites
without any exposure to fire, spark or heat.

Answer: Spontaneous Combustion

9. Report that is prepared every time there is a development in the investigation.

Answer: Follow up report/ Progress Report.

10. The terrorist group which means “The Base”.

Answer: Al Qaeda

Note: The founder and first leader of Al Qaeda was Osama Bin Laden who has been killed by the U.S
Operation Neptune Spear and Bin laden’s codename in that operation was Codename Geronimo.

Note:

1. Jemaah Islamiyah- Islamic Congregation.

2. Hamas- Enthusiasm.

3. Abu Sayyaf- Bearer of Sword/ Father of the Swordsman.

4. Mujaheedeen- Holy warriors

5. Jihad- Holy war

6. Taliban- The student

11. E-commerce act is:

Answer: R.A 8792

12. Internet pornography is punishable under e-commerce act. Is the statement is correct?

Answer: No

Note: I have answered no in the board exam because there is no provision in the law (R.A 8792) which
defines and punish internet pornography maybe in some other special law but not in e-commerce act.
Another thing is, if the person involved in internet pornography is a child or an adult or even an anime
character which portrays to be a child it would fall under anti-child abuse law but not in e-commerce
act.

13. The primary fracture on a glass made by a bullet from a fired gun looks like a radii or
_________________.

Answer: Spoke of a wheel.

Note: The secondary fracture is called concentric crack while the primary fracture is called radial crack.

14. This mark is used to introduce a list or summarizing word, phrase, or clause.

Answer: Colon

15. Preliminary investigation of cases involving dangerous drugs shall be terminated within a period of
_______.

Answer: 30 days

Note: Trial involving dangerous drugs shall only lasts for a period of 60 days but the regular trial lasts for
the maximum of 180 days.

Note: Always remember the 24 and 72 hours in cases of dangerous drugs. For purposes of delivery,
examination and destruction of dangerous drugs, it should only within 24 hours and for the purpose of
inspection it must be only within 72 hours.

THIRD DAY:

SOCIOLOGY OF CRIMES AND ETHICS (15%)

1. He is the person that claimed that crime is natural to happen in the society or that crime is only a
natural phenomenon in a society.

Answer: Emile Durkheim

2. The person introduced the Differential Association Theory (DAT).

Answer: Edwin Sutherland

Note: He is also considered as the Dean of Criminology and introduced the concept of white collar
crime.

3. This theory claimed that our actions are calculated, measuring whether it brings pleasure or pain.

Answer: Utilitarianism (Felicific Calculus)

Note: This was introduced by Jeremy Bentham, one of the advocates of Classical Theory.

4. The theory that looks more on the injurious effect of the criminal act than upon the offender and
believes that human has free will to choose between right or wrong.

Answer: Classical Theory

Note: Cesare Marchese Bonesana Becarria is the primary advocate of this theory. It was introduced
during the 18th Century and this period was considered as the Year of Enlightenment because it is the
transition period whereby formal and commensurate laws were passed and due process was
considered.

5. The theory that claimed that social breakdown of society is one of the reason or cause of criminal
behavior.

Answer: Theory of Anomie

6. The theory that claimed that deviant behavior is passed through generation and not by genes.

Answer: Cultural Transmission Theory

Note: Criminal behavior is passed by cultural transferring from one generation to another.

7. There are how many members that composed the Lupon Tagapamayapa?

Answer: 10 to 20 members

Note: 10 to 20 members excluding the Barangay Captain because he acts as the Chairman of the Council.

8. It is the mediation/ conciliation panel that is created in cases the Lupon failed to arrange the parties in
dispute.
Answer: Pangkat Tagapagkasundo

Note: This Pangkat is composed of 3 members coming from the Lupon chosen by the parties involved;
one will act as Chairman, the other as Secretary and the 3rd as member of the Pangkat.

9. The theory that claimed that criminal behavior is transferred through genes.

Answer: Nature Theory

Note: There is a debate, Nature vs. Nurture debate; Nature theory says that criminal behavior is
transferred through genes while nurture theory says that criminal behavior is transferred through
observation and constant practice and not only by genes.

10. One reason why Criminology is still a science because it uses knowledge and concept of other
sciences.

Answer: Criminology is an applied science

Note: There are four reasons why Criminology can be considered a science, namely:

1. Nationalistic- because of the laws of the country that is being studied in Criminology.

2. Dynamic- for which every changes in the society affects the study of Criminology.

3. Social Science- because it studies crime in the society and the effect of criminality in the whole
community.

4. Applied Science- because it uses other sciences in the determination and solution of a case like
Chemistry, Physics, and Biology etc.

11. Before there are no laws to follow, but only __________.

Answer: Norms

Note: There are two kinds of law, the written law (Lex scripta) and the unwritten law (Lex non scripta) in
which norms is included because it is just a rule given by the society and not by a legislative authority.

12. The person who studied physiology and gave the 3 classes of person according to their body built
with corresponding behavior.

Answer: William Sheldon

Note: Ernest Kretschmer was actually the first to give different body type of person according to their
body built namely, Athletic, Asthenic, Pyknic and Dysplastic type while William Sheldon gave the 3
classes of person namely, Ectomorph, Mesomorph and Endomorph but he modifies Kretschmer’s study
by giving an equivalent behavior to each body built type.
13. The theory that views that people commits crime because the society views them as a criminal and
labels them as such.

Answer: Social Labeling theory/ Social Reaction Theory

14. Failure of a public officer to render service.

Answer: Nonfeasance

Note: The other two kinds of dereliction of duty are the Malfeasance and Misfeasance.

15. As one ages older, there is a decline in criminal activities, this is called:

Answer: Aging out phenomenon

16. A stage of development when girls begin to have sexual feeling for their fathers.

Answer: Electra complex

Note: In boys, such development towards sexual feeling for their mothers is called Oedipus complex.

17. It means the courage to go on in spite of all hindrances and sufferings.

Answer: Perseverance

18. All PNP members must have the moral courage to sacrifice self interest in keeping with the time
honored principle of ____________.

Answer: Delicadeza

19. The logical organization of all plans and procedures is called:

Answer: Orderliness

20. Doing the duty without any arrogance is called:

Answer: Humility
21. There is a new law regarding children, which is R.A. 9344, “The Juvenile Justice and Welfare Act of
2006”, therefore, P.D. 603, “The Youth and Welfare Code” is not anymore effective. Is the statement is
correct?

Answer: No

Note: In the board exam, I answered “No” because as far as I know, R.A. 9344 is only an amendatory law
to P.D 603, therefore, both laws are existing and both effective.

22. The civil personality of the child is deemed to have commenced upon:

Answer: From the time of conception (Start of pregnancy period).

Note: There are three kinds of personality namely:

1. Presumptive- is when the child is still inside the womb of his mother.

2. Actual- when the child is born and he is considered “born” from the time the umbilical cord is cut and
the infant survived independent from his mother’s life.

3. Artificial- when the person is supported by a life supporting devices (Example: incubator).

23. The conflict that exists when there are two positive or two ideal options that needs to be chosen, it
is called:

Answer:Approach-Approach

Note: There are total of three conflicts, namely:

1. Approach- Approach Conflict

2. Approach- Avoidance Conflict

3. Avoidance- Avoidance Conflict

24. The Cardinal Rule in a hostage taking situation is:

Answer: “Commanders should not negotiate, Negotiators should not command.”

25. If there is a head on collision of two different cultures, ____________ deemed to have exists.

Answer: Conflict

CORRECTIONAL ADMINISTRATION (10%)

1. According to P.D 29, there are how many kinds of prisoners?

Answer: Three (3)

Note: They are the National/ Insular prisoners, the City/ Provincial Prisoners and the Municipal
prisoners.

2. The word “Jail” is derived from _____________ “jaula” and “caula” which means cage.

Answer: Spanish word

Note: The French word of jail is “gaol” which also means cage.

3. The prison established for political reason.

Answer: San Ramon Prison and Penal Farm.

4. Camp Bukang Liwayway houses the _____________Security Compound.

Answer: Minimum

5. It is one of the 3 branches of Criminology which deals with the management and administration of
inmates.

Answer: Penology

Note: The other 2 branches are Sociology of law and Criminal Etiology.

6. The purpose of segregation in prison is:

Answer: To prevent physical and moral contamination.

7. It is the law that covers parole.

Answer: Indeterminate Sentence Law Act 4103.

8. The least punishment for any infraction of the rules and regulation of the penitentiary is called:

Answer: Reprimand

Note: The most severe punishment is Close Confinement of inmate. In BJMP, Close Confinement
is from 1-7 days while in BuCor, it lasts from 30- 60 days.
9. From the time the prisoner is brought to the RDC, the prisoner is considered:

Answer: Maximum Security Risk Prisoner

Note: In RDC, he will be properly classified.

10. Before the actual releasing date of prisoner into the community by reason of service of sentence or
parole, he needs to stay at the _______________ for 1 month.

Answer: Half way house/ half way center

11. Newly admitted inmate will stay at the RDC for how many days excluding the quarantine period?

Answer: Fifty-five (55) days

Note: The first five (5) days is quarantine period and the next fifty-five (55) days is for classification
period, total of 60 days.

12. From the RDC, the prisoners are transferred to the ______________.

Answer: Operating institution

Note: Operating institution refers to the maximum, medium and minimum security compound of the
Prison.

13. The operation conducted by a jail or prison guard to search and confiscate contrabands.

Answer: Operation Greyhound

Note: Greyhound is the parlance used to refer to the word “contraband” and mostly, this operation is
conducted by BJMP.

14. The Golden age of Penology.

Answer: 1870-1880.

Note: It is called the Golden Age of Penology because at that period whereby reforms in correctional
administration were implemented and the Elmira Reformatory, the forerunner of modern penology was
established under the direction of Director Zebulon Brockway.

15. It is the institution that is considered as the best reform institution for young offenders.
Answer: Borstal Institution

Note: Sir Evelyn Ruggles Bruise is the director of Borstal Institution (Please don’t be confused with her
gender because she is a woman and the term “Sir” is an acronym of the word “Seniority in Rank”.
Before, as long as you are the senior officer whether male or female, you are called “Sir”).

16. Type A jail has a population of:

Answer: 120 offenders

Note: Type B jail has a population of 21-99 and Type C jail has a population of 20 or less offenders.

17. P.D 968 has a title known as the:

Answer: Adult Probation law

Note: Probation comes from the word “Probatio” which means “testing period”. It is a disposition
under which a defendant, after conviction and sentenced, is released subject to conditions imposed by
the court and to the supervision of a probation officer.

18. He is the father of Philippine Probation.

Answer: Teodulo Natividad

Note: He is also the Father of Philippine Criminology, the former Chairman of Anti-Crime and Prevention
Council and author of R.A. 4864 known as the “Police Act of 1966”, that created the POLCOM which is
renamed into NAPOLCOM.

19. The prisoners without walls:

Answer: Minimum Security Risk Prisoners.

Note: They are called as such because they are in an open camp with less restriction.

20. Infants born in prison maybe allowed staying with their mothers serving sentence only for a period
of:

Answer: 1 year

Note: After 1 year, such child shall be surrendered to DSWD.

21. A life sentenced inmate that becomes a colonist will be granted a modification of his sentence
automatically reduced to:

Answer: Thirty (30) years

Note: Sentence involving life imprisonment has a span of straight 40 years imprisonment.

22. The color of shirt of a detainee in BuCor is:

Answer: Gray

Note: Yellow shirt is for BJMP detainee.

23. P.D. 968 was approved on:

Answer: July 24, 1976

Note: It was proposed by Cong. Teodulo Natividad and Ramon Bagatsing as House Bill 393 and signed
by President Ferdinand Marcos on April 24, 1976 and took effect on January 03, 1978.

24. The prosecution will be given how many days by the court to give his comment regarding the
application for probation by the convict?

Answer: Ten (10) days

25. In the Philippines, we follow the ___________ concept of probation.

Answer: Single

Note: Because probation may only be enjoy ONCE.

26. Probation is deemed to be effective upon:

Answer: The issuance of the court order granting probation.

27. The last chemical injected into the body of the person sentenced to death penalty is:

Answer: Potassium Chloride

Note: The first drug injected is Sodium Thiopentotal that induces sleep, the second drug injected is
Pancurium Bromide that paralyzes the muscles and the last drug injected is Potassium Chloride which
stops the heartbeat. They are called collectively as the “Three Drug Rule”.

Review Facts on R.A 10586

otherwise known as the Anti Drunk and Drugged Act

1. What is being prohibited by this law?

The law states that it shall be unlawful for any person to drive a motor vehicle under the influence of
alcohol, dangerous drugs and/or other substance

2. How can a law enforcement officer know if I am drunk?

If he has probable cause to believe that you are drunk then he can order you to stop your vehicle to
conduct a test on you.

3. May a law enforcement officer do a random check?

No. Contrary to what I heard in news reports, the law is clear that there must be probable cause before
the police officer could ask you to stop your vehicle.

4. What are these probable causes?

These are apparent indications and manifestations including overspeeding, weaving, lane straddling,
sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or signs
of use of dangerous drugs and other similar substances

5. What kind of test will be conducted on me?

These are field sobriety test to initially assess and determine intoxication, such as the horizontal gaze
nystagmus, the walk-and-turn, the one-leg stand, and other similar tests.

6. What if I fail this field sobriety test?

If you fail that, the law enforcement officer will implement the mandatory determination of your blood

alcohol concentration level through the use of a breath analyzer or similar measuring instrument

7. What if I am under the influence of drug and the office finds out about this?

The law enforcement office will bring you to the nearest police station to be subjected to a drug
screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165

8. May police officer and police auxiliary stop my car and conduct this test?
Only those deputized by LTO.

9. What is the penalty for violation of this law?

a. No physical injury or homicide

Imprisonment – 3 months

Fine – Php20,000 – P80,000

Driver’s license

Non-professional:

First conviction – confiscation and suspension for 12 months

Second conviction – perpetual revocation

Professional:

First conviction – perpetual revocation

b. Resulted to physical injury

Imprisonment – prision mayor to arresto mayor depending on the gravity of the injury caused or
reclusion temporal, which ever is higher

Fine – Php100,000-Php200,000

Driver’s license

Non-professional:

First conviction – confiscation and suspension for 12 months

Second conviction – perpetual revocation

Professional:

First conviction – perpetual revocation

c. Resulted to homicide

Imprisonment – reclusion temporal (12 years – 20 years)

Fine – Php300,000-Php500,000

Driver’s license

Non-professional:
First conviction – confiscation and suspension for 12 months

Second conviction – perpetual revocation

Professional:

First conviction – perpetual revocation

10. Will the owner/operator of the vehicle be liable?

Yes. The owner/operator shall be directly and principally held liable together with the offender for the
fine and the award.

11. Are there exceptions to this rule?

Yes. If the driver/operator could convincingly prove that he or she has exercised extraordinary diligence
in the selection and supervision of his or her drivers in general and the offending driver in particular.

12. Does this mean that if someone borrowed my car, I will also be liable in case the borrower, while
drunk, ran over someone?

No. This rule applies only to owners and/or operators of public utility vehicles and commercial vehicles
such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars
or vans for rent, taxi cabs, and the like.

If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, the
child shall undergo:

A. Intervention Program

B. Assessment

C. DSWD Program

D. Diversion Program

Under the law, Children who have committed crimes more than three times, would also be considered
as:

A. Adandoned child

B. Child at Risk

C. Neglected

D. Habitual offender

The conduct of Preliminary Investigation by the prosecutor is

A. A Judicial Function

B. An Administrative Function

C. An Executive Function
D. A Criminal Proceeding Function

Which of the following is powerless to conduct Preliminary Investigation?

A. Provincial and City Prosecutors

B. National and Regional state prosecutors

C. Judges of Regional Trial Court

D. Judges of Municipal Trial Court

Probable Cause Determination is use by the Regional Trial Court in

A. filing of information to court

B. Determining wether the accused is guilty or not

C. Issuance of warrants

D. Complaint filed at the prosecution

Mr. Dave filed complaint against Mr. Bhotz in court. Upon review, the court found out the case was not
subjected for preliminary Investigation. Can the judge dismiss the complaint or information due to lack
of preliminary Investigation?

A. Yes, since the law says it

B. Yes, upon discretion of the court

C. No, he must conduct it or order the fiscal to conduct.

D. No, if he decides upon his discretion

2. Compelling the pilot of an aircraft of Philippine Registry to change its destination is __________.

(A) grave coercion

(B) a violation of the Anti-Hijacking Law or R.A. No. 6235

(C) grave threats

(D) a violation of the Human Security Act of 2007 or the Anti-Terrorism Law

OCTOBER 2016 QUESTION CRIMINAL LAW AND JURISPRUDENCE

The Husband was charge with concubinage and had posted a bail. His wife threatened him to file
another charge for violation of RA 9262. Because of fear, the husband had jump bail. What shall be
done?

A. The case will be archive

B. The case will be de-archive

C. He will be put on wanted List

D. The case will be hold on abeyance

October 2016 Criminologists Licensure Examinations

CRIMINAL LAW AND JURISPRUDENCE

Criminal Law Book 1

Which of the following is an example of absolutory cause?

A. Error in personae

B.Praeter Intentionem

C. Aberratio Ictus

D. Mistake of facts

April 2016 Criminologists Licensure Examinations

SPO1 Rolly was tasked to patrol in Roxas Boulevard together with his team. When they arrived in the
area, instead of observing all vendors, they arrested and confiscated the vendors’ goods. SPO1 Rolly
and his team’s acts are considered as …

A. Feasance C. Misfeasance

B. Malfeasance D. Non –

October 2016 Criminologists Licensure Examinations

CRIMINAL LAW AND JURISPRUDENCE

Criminal Law Book Two

Item number 11. Cardo threatened Alden with a physical injury if the latter will not stop courting Yaya
Dub. However, Alden continues to court Yaya Dub. Cardo makes true to his threat and stabbed Alden.
However, Alden survived. Which of the following statements best describes the crime committed by
Cardo, if any?

A. Cardo committed Physical Injuries

B. Cardo committed Grave Coercion

C. Cardo committed Attempted Murder

D. Cardo committed Grave Threat

Answers of Multiple Choice Questions on RA 9165

1. ___ Republic Act 9165 is known as

(b) The Comprehensive Dangerous Drugs Act of 2002

2. ___ Republic Act 9165 was approved on

(a) June 7, 2002 when the President signed it

3. ___ Republic Act 9165 effectively repealed

(e) all of the above

4. ___ Republic Act 9165 as comprehensive law on drugs features the following, except

(d) It makes the Probation Law applicable

5. ___ It is the policy of Republic Act 9165, except

(d) to safeguard the rights of the drug traffickers and pushers

6. ___ Possession of dangerous drugs more than 10 grams of marijuana resin and marijuana resin oil is
punishable by life imprisonment to death. The amount of drugs shall therefore mean

(b) 10.01 grams

7. ___ Possession of dangerous drugs more than the limit set by law carries with it the imposition of life
imprisonment to death. However, death penalty as provided for by Republic Act 9346 is

(c) prohibited

8. ___ Possession is understood in two concepts, it shall mean

(a) physical and constructive

9. ___ Animus possedendi means

(e) intent to possess

10. ___ Onus probandi means

(a) burden of proving

11.____ Physical possession means actual possession and constructive possession means

(a) subjecting the item in one’s control and dominion

12. ___ Possession of dangerous drugs is

(b) mala prohibita

13. The following are the elements of illegal possession of dangerous drugs under section 11, article II of
the RA 9165, except

(d) the accused sold the dangerous drugs

14. ___ Section 15, Article II of RA 9165 penalizes the use of dangerous drugs. Use shall mean

(d) all of the above

15. ___ Drug testing on secondary and tertiary level students is allowed provided

(a) it is at random and suspicious-less

16. ___ Drug test to persons arrested for a crime that carries with it a penalty of more than 6 years was
declared unconstitutional by the Supreme Court because it violates the person’s right to

(b) privacy

17. ___ Republic Act 9165 can require a person running for President to undergo drug testing to be sure
that he is drug free.

(c) no, because to require him to undergo drug test, the law will in effect adding a requirement which
will supplant the requirements provided for by the Constitution

18. Article VIII of RA 9165 is all about

(d) all of the above

19. ___ Section 5 of Article II penalize the following

(d) all of the above acts

20. The following are special aggravating circumstances under section 5, article II, except

(d) when it was carried by a drug syndicate

21. ___ Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
prescribed under RA 9165.

(a) financier

22. ___ Any person who knowingly and willfully consents to the unlawful acts and uses his/her
influence, power or position in shielding, harboring, screening or facilitating the escape of any person
he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of the
drug law in order to prevent the arrest, prosecution and conviction of the violator.

(c) protector/coddler

23. ___ Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a
broker in any of such transactions, in violation of this Act.

(b) pusher

24. ___ Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable
assistance to a person in administering a dangerous drug to himself/herself unless administered by a
duly licensed practitioner for purposes of medication.

(c) administration
25. ___ Any act of giving away any dangerous drug and/or controlled precursor and essential chemical
whether for money or any other consideration.

(a) sale

26. ___ Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of
such transactions whether for money or any other consideration in violation of the drug law.

(b) trade

27. ___ Any organized group of two (2) or more persons forming or joining together with the intention
of committing any offense prescribed under the drug law

(a) drug syndicate

28. ___ The following are essentials for the conviction under sale of illegal drugs, except

(e) the presentation of buy-bust money

29. ___ What is the corpus delicti in illegal sale of drugs?

(c) the object of sale

30. ___ Anti-drug operations are planned operations, however, there can be a valid conviction
notwithstanding the absence of

(d) all of the above

31. ___ What is the scientific name of opium? (asked in a Board Exam)

(c) Papaver somniferum

32. ___ What is the addictive content in marijuana (asked in a Board Exam)

(b) tetrahydrocannabinol

33. ___ Possession of opium poppy is punishable even if the same is for

(d) all of the above

35. ___ What is the scientific name for Ecstasy (possible Board Exam Question)

(b) Methylenedioxymethamphetamine

36. ___ The following are special aggravating circumstances for Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals, except

(a) when the clandestine laboratory has no fire exit

37. ___ When cultivation of marijuana was made on a private land

d) all of the above

38. ___ The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or
procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to
any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud. (possible
Board Exam Question)

(b) chemical diversion

39. ___ It is the place where drugs are kept, stored and sold (possible Board Exam Question)

(d) all of the above

40. ___ Non-drug evidence confiscated in an anti-drug operation shall be in custodia legis. What is
custodia legis?

(c) custody of the court

41. ___ Drugs confiscated being illegal can not be returned to the accused in the event of acquittal.

(c) it will be destroyed

42. ___ Monies derived from violations of Republic Act 9165 are subject to freeze order by the Anti-
Money Laundering Council. The freeze order shall be issued by (asked in a Board Exam)

(b) Court of Appeals

43. ___ Section 21 of Republic Act 9165 is known as

(e) the chain of custody

44. ___ Section 21 of Republic Act 9165 as amended by Republic Act 10640 now requires (possible
Board Exam Question)

(b) at least 3 witness to the inventory

45. ___ Who are the witnesses to a drug inventory?

(e) all of the above

46. ___ Non-compliance with the inventory and photograph requirements

(a) will not affect the case as long as the integrity and evidentiary value of the evidence is preserved

47. ___ It means the duly recorded authorized movements and custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of
seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for
destruction (IRR, RA 9165).

(b) the chain of custody rule

48. ___ The policy-making and strategy-formulating body in the planning and formulation of policies and
programs on drug prevention and control. It shall develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention and control strategy. It shall be under the Office of
the President.

(e) The Dangerous Drugs Board

49. ___ It serves as the implementing arm of the Board, and shall be responsible for the efficient and
effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and
essential chemical as provided by the drug law.

(d) The Philippine Drug Enforcement Agency

50. ___ A drug court is (asked in a Board Examination)

(c) Regional Trial Court

BOARD QUESTION IN CRIMINAL JURISPRUDENCE

In order to seized the boat a member of Philippine coast guard aiming the boat's machine of the
Taiwanese who illegally entered in maritime zone of the Philippines but the blow landed to the
Taiwanese that resulted to his death. As an investigator how will you interpret it?

A. mistake in the blow

B. Abberatio ictus

C. accident no

D. Error in personae

ACTUAL BOARD QUESTIONS IN CRIMINAL JURISPRUDENCE

A Cop while Patrolling the Street was Attack by a Robber. Four bystanders come to aid the police officer,
the said bystander was attack also by the Robber. What do you file with regards to the attack to the
police officer?

A. Direct Assault

B. Physical Injury

C. Misconduct

Preliminary Investigation is a:

A. Constitutional Right

B. Due Process Right

C. Procedural Right

D. Statutory Right

Prospectivity of Laws

In general laws should be prospective not retroactive. However, there are some exceptions:

1. If the laws themselves povide for their retoractivity (Art. 4 Civil Code).

2. If the laws are remedial in nature.

3. If the statute is penal in nature, provided:

a. It is favorable to the accused or convict.

b. The accused or convict is not a habitual delinquent as defined in Art. 22 of the Revised Penal Code.

4. If the laws are of an emergency nature and are authorized by the police power of the government.
(Santos vs. Alvarez 44 O.G. 4259)

5. If the law is curative (necessarily retroactive for the precise purpose to cure errors or irregularities).
This kind of law to be valid must not impair vested rights nor affect final judgments. (Frivaldo vs.
Comelec and Lee G.R. 120295, June 28, 1996)

Miss Dina was alleged to have been sexually attacked by Mr Dee Lamun. Miss Dina’s Labia Majora was
raptured but the MR. Dee Lamun used his long and hard tongue. What was committed by Mr. Dee
Lamun

A. Rape through sexual assault

B. Rape with consent

C. Rape through use of tongue

D. All of the above