Professional Documents
Culture Documents
QUESTIONS FOR
CRIMINOLOGIST
SUBJECT:
CRIMINAL JURISPRUDENCE
AND
PROCEDURE
1. It refers to a territorial unit where the
power of the court is to be exercised.
a. Jurisdiction
b. Trial courts
c. Venue
d. Territory
Ans. C
2. The following are the requisites for the
issuance of a search warrant EXCEPT :
a. Pardon
b. Bail
c. Probation
d. Parole
Ans. B
4. A detained prisoner is allowed to eat and drink in
a nearby restaurant on several occasions. He is
however well-guarded at all times. The warden
allowed him to go out of his cell without any
consideration whatsoever. The warden may be
charged with-
a. Negligence of duty
b. Dereliction of duty
c. Leniency or laxity
d. Infidelity
Ans. B
5. What crime is committed when A, driving
a truck, ran over a girl crossing the street
during a torrential rain and the girl died?
a. Homicide
b. Serious physical injuries
c. Murder
d. Reckless imprudence resulting to
homicide
Ans. D
6. It is defined as an accusation in writing
charging a person with an offense
subscribed by the fiscal and filed with
the court.
a. Information
b. b. Complaint
c. Action
d. Police blotter
Ans. A
7. The offender who is still undergoing
preliminary investigation at the prosecutor’s
office is referred to as –
a. Respondent
b. Suspect
c. Accused
d. Defendant
Ans. A
8. Refers to facts and circumstances that would
lead a reasonably discreet and prudent man to
believe that an offense has been committed
and that the object sought in connection with
the offense is in the place searched is –
a. Probable cause
b. Search warrant
c. Plain view doctrine
d. Arrest warrant
Ans. A
9. What doctrine allows evidence obtained
by the police officers in an illegal
searched and seizures to be used
against the accused?
a. Exclusionary doctrine
b. Miranda ruling
c. Fruit of poisonous tree
d. Silver plate
Ans. C
10. Who are criminally liable, when having
knowledge of the commission of the crime,
without having principally participated therein,
takes part subsequent to the commission,
either in profiting by the effects of the crime or
by concealing or destroying the body of the
crime?
a. Witnesses
b. Accessories
c. Principals
d. Accomplices
Ans. B
11. Can a husband testify against the wife
in an adultery case?
a. Leading Question
b. Misleading Question
c. Impeachment
d. Leave of Court
Ans. D
17. When a person is lawfully arrested without a
warrant of arrest involving an offense, which
requires a preliminary investigation, the complaint
or information may be filed without need of such
investigation, provided an _______ has been
conducted in accordance with existing law or
procedure –
a. Preliminary investigation
b. Preliminary examination
c. Inquest
d. Fact finding investigation.
Ans. C
18. It refers to the performance of an act
that ought not to be done
a. Nonfeasance
b. Misfeasance
c. Malfeasance
d. Unfeasance
Ans. C
19. It is a crime committed when a married
woman is taken away against her will with lewd
design.
a. Forcible abduction
b. Consented abduction
c. Forcible seduction
d. Qualified seduction
Ans. A
20. The person, who is authorized by law to grant
probation to an accused convicted of a crime,
is:
a. Marital Disqualification
b. Privilege Communication Rule
c. Parental and filial privilege
d. Dead Man’s Statute Rule
Ans. D
23. It is the felony committed when a person
takes away a minor, over 12 but under 18
years of age, with her consent, after
solicitation or cajolery from the offender,
committed with lewd design.
a. Forcible abduction
b. Consented abduction
c. Forcible seduction
d. Qualified seduction
Ans. B
24. The following are crimes against
chastity, EXCEPT
a. Adultery
b. Concubinage
c. Rape
d. Seduction
Ans. C
25. The offender performs all acts of execution, that
would produce the felony as a consequence, but
the felony was not produced, by reason of causes
independent of the will of the perpetrator are the
requisites of:
a. Attempted felony
b. Frustrated felony
c. Consummated felony
d. Impossible crime
Ans. B
26. It is the rule followed by the Philippines
whenever a crime is committed inside a
Philippine ship or airship while in a foreign
territory.
a. French Rule
b. Spanish Rule
c. English Rule
d. General Rule
Ans. C
27. It is a characteristic of criminal laws that
requires that they be applied to all persons who
live or sojourn in the Philippine territory.
a. Generality
b. Territoriality
c. Territorially
d. Generally
Ans. A
28. It is a law that partially or totally
modifies or changes an existing law.
a. Repealed law
b. Repealing law
c. Repelled law
c. Repelling law
Ans. B
29. The following felonies do not admit of a
frustrated stage, except:
a. Rape
b. Physical injuries
c. Adultery
d. Theft
Ans. D
30. It is a legislative enactment that inflicts
punishment for a crime without judicial trial.
a. Attempted
b. Frustrated
c. Consummated
d. Enumerated
Ans. C
32. It is incurred by a person committing a felony
although the wrongful act done be different
from what he intended to do.
a. Felonious act
b. Offense
c. Criminal liability
c. Civil liability
Ans. C
33. The condition sine-quanon or
indispensable element in self defense.
a. Provocation
b. b. Unlawful aggression
c. Reasonable necessity
d. Irresistible force
Ans. B
34. Is an agreement made between two or more
parties as a settlement of matters in dispute?
a. Conspiracy
b. Settlement
c. Res Inter Alios Acta Rule
d. Compromise
Ans. D
35. It maybe defined as the forfeiture of the right
of the government to execute the final
sentence after the lapse of a certain time fixed
by law.
a. Impossible crime
b. b. Prescription of penalty
c. Prescription of crime
d. None of the above
Ans. B
36. X threatened to kill Y if the latter will not give
him one thousand pesos. What crime has been
committed by X?
a. Attempted murder
b. Kidnapping for ransom
c. Grave threats
d. Grave coercion
Ans. C
37. At the hearing of an application for admission
to bail, the __________ has the burden of
showing that the evidence of guilt is strong.
a. Prosecution
b. Defense
c. Court
d. Bailiff
Ans. A
38. One which is any act committed without violence
but unjustly annoys an innocent person. As it is a
punishable act, it should include any human
conduct which, although not productive of some
physical of material harm would however, unjust
or annoy an innocent person.
a. Grave coercion
b. Unjust vexation
c. Forcible abduction
d. Maltreatment
Ans. B
39. M forcibly entered G’s house one night. G
was awakened and M immediately left the
place. M’s crime is?
a. Attempted robbery
b. Frustrated robbery
c. Robbery with trespass to dwelling
d. Trespass to dwelling
Ans. D
40. How may, an ordinary citizen gives his opinion
regarding the handwriting of a person?
a. PD 1612
b. BP 186
c. RA 7695
d. BP 129
Ans. D
42. At what time may the accused move to
quash the complaint or information?
a. Counsel
b. Attorney at law
c. Attorney on record
d. Counsel de officio
Ans. D
44. Which of the following is an example of
an afflictive penalty ?
a. Prision mayor
b. Arresto mayor
c. Prision correctional
d. fine
Ans. A
45. Under this theory, man is considered as an
essentially moral creature with an absolute
freewill to choose between good and evil,
therefore, he should be judged or held
accountable for his wrongful acts for as his will is
unimpaired.
a. Prejudicial question
b. Reparation
c. Probation
d. None of the foregoing
Ans. B
48. A judgment become final after the lapse of the
period for-
a. Illegal detention
b. Violation of domicile
c. Arbitrary detention
d. Any of the foregoing
Ans. C
51. The complaint or information should
state the following EXCEPT –
a. Name of the offended party
b. The designation of the offense by the
state
c. Name of the accused
d. Name of the court
Ans. D
52. All persons, having organs of sense,
can perceive and perceiving, and can
make their perception to others, may be-
a. Witness
b. Prosecutor
c. Defense counsel
d. All of the foregoing
Ans. A
53. It is a doctrine usually applied where
the police officers is not searching for
evidence against the accused but
nonetheless inadvertently come across
incriminating objects.
a. Waiver or consented search
b. Stop and frisk
c. In flagrante delicto
d. Plain view
Ans. D
54. The following are the requisites of an
information except-
a. It must be filed by the offended party
b. It must charge the person with an offense
c. It must be subscribed by the prosecutor
d. It must be in writing
Ans. A
55. If the accused appears to be suffering from
an unsound mental condition, which effectively
renders him unable to fully understand the
charge against him to plead intelligently.
a. The criminal charged must shall be
dismissed
b. The arraignment shall be suspended
c. The trial shall be suspended
d. All of the foregoing
Ans. B
56. It is a form of evidences supplied by
written instruments or derived from
conventional symbols, such as letters, by
which ideas are represented on material
substances.
a. Real evidence
b. Documentary evidence
c. Testimonial evidence
d. Material evidence
Ans. B
57. In determining the probable cause, it
is required that-
a. The judge must examine the complaint
and his witnesses personally
b. The examination must be under oath
c. The examination must be in writing in
the form of searching questions and
answers
d. All of the foregoing
Ans. D
58. Are those acts and omissions
committed not only by means of deceit
but also by means of fault and are
punishable by law.
a. Justifying circumstances
b. Exempting circumstances
c. Felonies
d. Criminal liability
Ans. C
59. What crime exists when a single act
constitutes two or more grave or less
grave felonies or when the offense is
necessary means for committing the
other?
a. Complex crime
b. Continuing crime
c. Compound crime
d. All of the above
Ans. A
60. Alpha with intent to kill fired his revolver
to Bravo and inflicted a fatal wound. Alpha
brought Bravo to the hospital and due to
immediate medical assistance, Bravo
survived. What crime did Alpha committed?
a. Physical injuries
b. Frustrated homicide
c. Frustrated murder
d. No criminal liability
Ans. B
61. In what instances is a warrant of
arrest is not necessary?
a. If the accused is already under
detention
b. If the complaint or information was
filed after the accused was lawfully
arrested without warrant
c. When the penalty is fine only
d. All of the Foregoing.
Ans. D
62. What is defined as the means sanctioned
by the rules of ascertaining the judicial
proceeding the truth respecting a matter of
fact.
a. Evidence
b. Investigation
c. Procedure
d. Trial
Ans. A
63. During the pending of his case, D died due
to heart attack. His untimely death resulted in-
a. Postponement of the case
b. Suspension of the case
c. Dismissal of the case
d. None of the above
Ans. C
64. What if the offended party is a corporation,
how do you indicate it in the complaint or
information?
a. Leave it blank
b. State the name of the corporation
c. Aver it in the charge sheet
d. State the name of the owner of the
corporation
Ans. B
65. Refers to the family history or descendant
transmitted from one generation to another.
a. Pedigree
b. Reputation
c. Privies
d. None of the above
Ans. A
66. It is the loss or forfeiture of the right
of the state to prosecute a crime because
of the lapse of time.
a. Prescription of penalty
b. Prescription of Crime
c. Conditional pardon
d. Good conduct allowance
Ans. B
67. It is defined as those which would have
been crimes against persons or properties
were if not for the inherent impossibility of
its accomplishment on account of the use of
inadequate or ineffectual means.
a. Proximate cause
b. Impossible crimes
c. Formal crimes
d. Material crimes
Ans. B
68. The number of days the accused has to
prepare for trial after a plea of not guilty is
entered.
a. Within 30 days
b. Within 45 days
c. Within 15 days
d. All of the above
Ans. C
69. Criminal cases where the penalty
prescribed by law for the offense charged does
not exceed six months fall under the rule on-
a. Regular procedure
b. Summary procedure
c. Criminal procedure
d. Civil procedure
Ans. B
70. Aggravating circumstances which generally
apply to all crimes such as dwelling, nighttime,
or recidivism.
a. Specific
b. Inherent
c. Generic
d. None of these
Ans. C
71. This involves the trickery and cunning
on the part of the offender.
a. Craft
b. Fraud
c. Deceit
d. Estafa
Ans. A
72. Delivered in open court wherein the
witness states that he does not know
whether a fact did or did nor occur.
a. Positive evidence
b. Negative evidence
c. Real evidence
d. Object evidence
Ans. B
73. What is the legal term for Nighttime?
a. Sanctuary
b. Solitude
c. Nocturnity
d. Alevosia
Ans. C
74. What is the order of reverse trial?
a. Prosecution-Defense-Rebuttal-Submission for
decision
b. Rebuttal-Defense-Prosecution-Submission for
decision
c. Defense-Prosecution-Rebuttal-Submission for
decision
d. Submission for decision-Rebuttal-Prosecution-
Defense
Ans. C
75. Ancient document is a private
document which is more than _______
years old, produced from a custody in
which it would be naturally found it as
genuine.
a. 25
b. 30
c. 35
d. 40
Ans. B
76. These are crimes which are
consummated in one single act.
a. Material crimes
b. Formal crimes
c. Index crimes
d. non-index crimes
Ans. B
77. These are additional evidence of
different character tending to prove the
same point.
a. Corroborative evidence
b. Cumulative evidence
c. Testimonial evidence
d. Documentary evidence
Ans. A
78. It is a portion of the execution of a
crime, starting from the point where the
offender begins to the point where he has
still control over his acts.
a. Objective phase
b. Subjective phase
c. Negative phase
d. Positive phase
Ans. B
79. After the cross examination of the
witness, what is the next procedure?
a. Direct examination
b. Re-direct examination
c. Cross examination
d. Re-cross examination
Ans. B
80. The following are exempt from the
operation of our criminal laws, except:
a. Ambassadors
b. Consul general
c. Minister plenipotentiary
d. Minister resident
Ans. B
81. A crime punishable by arresto mayor
prescribes in:
a. 20 years
b. 15 years
c. 10 years
d. 5 years
Ans. D
82. If the accused is lawfully arrested
without a warrant of arrest for a grave
offense, he can only be detained within this
period, otherwise he will be released .
a. 36 hrs.
b. 18 hrs.
c. 12 hrs.
d. 72 hrs.
Ans. A
83. Offenses involving criminal negligence
where the penalty of fines does not exceed a
fine of P10,000.00 is within the coverage of this
rule.
a. Regular procedure
b. Ordinary procedure
c. Summary procedure
d. Any of this
Ans. C
84. It is not necessary to state in the complaint or
information the precise time at which the offense
was committed. However, in one of the following
crimes time of the commission is an essential
element, and therefore, must be alleged in the
complaint or information.
a. Parricide
b. Infanticide
c. Abortion
d. Malicious mischief
Ans. B
85. The personal evaluation of the judge
after the filing of a case in court for the
purpose of determining the existence of a
probable cause for the issuance of a
warrant of arrest.
a. Preliminary investigation
b. Preliminary examination
c. Criminal investigation
d. Inquest
Ans. B
86. The pre-marking of evidence of the
parties for identification purposes are
suppose to be made during this stage of the
proceedings –
a. Arraignment
b. Trial proper
c. Pre-trial conference
d. Direct examination
Ans. C
87. An extra-judicial confession made by an
accused shall not be sufficient and admissible
unless it is in:
a. Writing
b. Voluntarily given
c. Presence of his counsel
d. All of these
Ans. D
88. The penalty of reclusion temporal
prescribes in:
a. 20 years
b. 15 years
c. 10 years
d. 5 years
Ans. C
89. It refers to the final determination by a
Court of competent jurisdiction of the
issues submitted to in a case such that
after it is issued, the case ends if the losing
party does not appeal.
a. Interlocutory order
b. Summons
c. Subpoena
d. Judgment
Ans. D
90. It is also known as “crime of the giver”
when a private person gives money to a
public officer so that he will do something
favorable to the giver
a. Direct bribery
b. Indirect bribery
c. Corruption of a public official
d. Accused is pregnant
Ans. C
91. It is the crime committed when a public
officer uses public funds for his own personal
benefit or for the benefit of another person.
a. Illegal use of public funds
b. Malversation of public funds
c. Plunder
d. None of the above
Ans. B
92. Criminal actions requires preliminary
investigation by the proper officers where the
prescribed penalty at least
a. 6 months and 2 days
b. 4 yrs. 2 mos. And 1 day
c. 6 yrs. 2 mos. And 1 day
d. 4 yrs. And 1 day
Ans. B
93. The kind of evidence addressed to the
senses of the court, which is also known as the
evidence of the highest probative value
a. Oral testimony
b. Object evidence
c. Documentary evidence
d. Testimonial evidence
Ans. B
94. The Decree Penalizing Obstruction of
Apprehension and Prosecution of Criminal
Offenders.
a. PD 968
b. PD 1612
c. PD 603
d. PD 1829
Ans. D
95. Refers to the taking of several
properties about the same place and time
arising from a single intent gives rise to only
one crime.
a. Delito Continuado
b. Delito Complejo
c. Delito Compuesto
d. None of the above
Ans. A
96. Subsidiary imprisonment is a personal
liability to be suffered by the convict who has
no property to meet the fine but required to pay
________ each day.
a. 7 Pesos
b. 8. Pesos
c. 9 Pesos
d. 10 Pesos
Ans. B
97. An application for a search warrant can be
made in any court of the Philippines which has
jurisdiction over the subject matter
a. Wholly true
b. Partly true
c. Wholly false
d. Partly false
Ans. A
98. Within what period the warrant of
arrest be executed by the police officer
a. 10 days from its date
b. 10 days from its issuance
c. 10 days from receipt
d. 10 days application
Ans. C
99. The constitutional right to consider “a
speedy, impartial and public trail” is available to
a. Both parties
b. Accused
c. Offended party
d. None of these
Ans. A
100. The period within which the police officer will
make his report stating the action taken by him
whether the warrant of arrest was enforced or not
is within
Ans. D
Situation 1.
During custodial investigation at the Central Police
District, Quezon City, “A” was informed of his
constitutional right, to remain silent and to have a
competent and independent counsel. He decided to
waive his right to counsel and proceeded to make a
statement admitting commission of robbery.
Ans. A
102. Assuming that all conditions in the waiver were
properly observed except the right to counsel
which was waived “A” could not afford the
services of one, A’s statement will be –
Ans. B
103. Assuming that the public prosecutor on the basis of
the now written confession of A, who waived his right
to counsel because he could not afford one, filed the
information against him and the judge after trial,
convicted A on the basis of his written confession. A
would like to appeal his case to higher court. The
appeal should be filed -
Ans. C
Situation 2.
Brad Pitt was a stay-in cook in Club John Hay. He
was afraid of bad elements. One evening, before
going to bed, he locked himself in his room by placing
a chair against the door. After having gone to bed, he
was awakened by someone trying to open the door.
He called out “who’s there?” but he received no
answer. Fearing that the intruder was a robber, he
leaped from bed and called out again, “if you enter the
room I will kill you”. But at that precise moment he was
struck by the chair that had been placed against the
door, and believing that he was being attacked, he
seized a kitchen knife and struck and seriously
wounded the intruder who turned out to be his wife
who was giving him a surprise visit.
104. Assuming Brad Pitt is liable under the
foregoing circumstances, what crime has he
committed?
a. Frustrated murder
b. Frustrated parricide
c. Serious physical injuries
d. Frustrated homicide
Ans. C
105. Which of the following circumstances
affecting criminal liability in general
applicable in the above situation?
a. Nullifying circumstances
b. Aggravating circumstances
c. Mitigating circumstances
d. Exempting circumstances
Ans. D
106. Which of the following specific
circumstances affecting criminal liability
can be invoked properly by Brad Pitt?
a. Mistake of fact
b. Accident
c. Self-defense
d. Treachery
Ans. A
Situation 3.
Angel and Demon are neighbors. During a
drinking spree, Angel punched Demon without
any provocation. Demon’s injury required
medical attention for a period of seven days.
Immediately there after, SPO1 Pus Khol whose
help was sought by Demon took the statement
of Demon and did not know anymore what to
do.
107. What crime was committed by Angel?
Ans. A
108. Considering the nature of the offense
committed by Angel, SPO1 Pus Khol
should –
Ans. C
109. Assuming the result of the action of Angel was
death, instead of mere physical injuries to
Demon, SPO1 Pus Khol should, in his
investigation and report concentrate and stress
on:
Ans. C
110. Assuming that Angel was drunk at the
time that he committed the offense, his
drunkenness would be considered as:
a. Exempting circumstance
b. Aggravating circumstances
c. Mitigating circumstances
d. Alternative circumstances
Ans. D
111. Assuming that the action of Angel
resulted to deformity (physical ugliness
which is visible) on the part of Demon,
what crime is committed by Angel?
Ans. B
112. Supposing the judge rendered an oral decision.
It may be either be for conviction, acquittal, or
dismissal. The oral decision will never become
final because –
Ans. D
Situation 4.
A with intent to kill B, shot the latter right in
between his eyes who was then at that time lying
in his bed, not knowing that B is already dead due
to heart attack and before A shot him.
a. Homicide
b. Physical Injuries
c. Impossible crime
d. No criminal liability
Ans. C
114. What would be the penalty of A if any?
Ans. A