CRIMINAL LAW (BOOK 1) 1 to 18

1. It is considered to be the primary source of the Revised Penal Code?

A. Act 3815
B. Spanish Penal Code of 1870
C. Special Laws
D. Ordinances

2. One of the fundamental characteristics of criminal law is prospective which means that
criminal law shall be forwarded and not backward. This principle is found under what
article of the Revised Penal Code?
A. Article 100
B. Article 36
C. Article 1
D. Article 12

3. What is the period of prescription of crimes punishable by death, reclusion perpetua or

temporal?
A. 20 years
B. 15 years
C. 10 years
D. 5 years

4. Which of the following does not belong to the group?

A. Imprudence
B. Lack of skill
C. Negligence
D. Intent

5. When a person within a period of ten years from the date of his release or last
conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa
or falsification is found guilty of any of the said crimes the third time is,
A. Habitual delinquently
B. Reiteration or habitually
C. Recidivism
D. Quasi-recidivism

6. What will be the effect on the criminal liability of the accused that was sane when he
committed the crime, but becomes insane at the time of the trial?
A. His criminal liability will be extinguished
B. He is exempt from criminal liability under paragraph 1 of Article 12 of the RPC
C. He is still criminally liable but his trial will be suspended until his mental capacity will
be restored to afford a fair trial
D. None of these
7. Which characteristic of criminal law is described by the following statement, criminal
laws are undertaken to punish crimes committed in Philippine territory
A. Territorial
B. Preferential
C. Prospective
D. General
E.

8. What is the effect of the death of the offended party in criminal action for libel?
A. The criminal liability is partially extinguished
B. The criminal liability is NOT extinguished
C. The criminal liability is extinguished
D. No effect at all

9. Who is exempt in all cases, from criminal liability?

A. An insane
B. An imbecile
C. A person under 9 years of age
D. All of these

10. How is accidental drunkenness appreciated as a circumstance in the commission of an

offense?
A. Mitigating
B. Exempting
C. Aggravating
D. Justifying

11. Which among the following best described the moving power which impels one to
action for a definite result?
A. Mala in se
B. Intent
C. Motive
D. Ignomita Facti Excusat

12. When Edgar starts to commit indirectly by overt acts, a crime under the Revised Penal
Code, but does NOT perform all the acts of its execution because of an accident other
than his own spontaneous desistance, what stage in the commission of crime would his
case fall?
A. Consummated
B. Attempted
C. Frustrated
D. None of these
13. When the evil intent of the offender could not be accomplished because the means
employed by him is inadequate or ineffectual, it is called?
A. Frustrated felony
B. Attempted felony
C. Impossible crime
D. None of these

14. Which of these is NOT a requisite of “avoidance of greater evil or injury’’?

A. That the injury feared be greater than the injury done to avoid it
B. That the means used to avoid the injury is lawful
C. That the evil sought to be avoided actually exists
D. That there be no practical implication

15. Which of the following terms means resorting to any device to conceal identity?
A. Craft
B. Disguise
C. Fraud
D. Alibi

16. What is meant by “discernment” under paragraph 3 Article 12 of the Revised Penal
Code?
A. It is a mental capacity to understand the difference between right and wrong
B. It is the ability to grasp the significant factors of a complex problem of a new
situation
C. It is the mental capacity of a minor between 9 and 15 years of age to fully
appreciated the consequence
D. Some of these

17. Which among the following is NOT a requisite for evident premeditation and therefore
should NOT be appreciated?
A. Sufficient interval of time between time crime was conceived and actual
perpetuation
B. One day meditation/reflection and offered reward to killer
C. Time when offender planned to commit the offenses
D. Sudden outburst of anger

18. What is the basis of exempting a person from criminal liability UNDER Article 12 for the
Revised Penal Code?
A. Complete absence of freedom of action
B. Complete absence of intelligence
C. Complete absence of intent
D. None of the above
19. Accused was convicted of Homicide on June 15, 2015. No appeal was made; judgement
became final on July 1, 2015. He got his second conviction rendered on July 26, 2015 for
Murder. He is called by law as a:
A. Recidivist
B. Habitual offender
C. Hardened criminal
D. Habitual delinquent

20. A man killed a child. What would be the proper charge?

A. Infanticide
B. Murder qualified by treachery
C. Murder
D. Homicide

21. Where a women was carried by the accused to a distance of 5 meters from the place
where she was grabbed, but left her because of her screams, what crime was
committed?
A. Grave coercion
B. Light coercion
C. Frustrated serious illegal detention
D. Attempted serious illegal detention

22. Which of the following crimes over which the Philippine laws have jurisdiction even if
committed outside the country?
A. Piracy and Mutiny
B. Espionage
C. Treason
D. All of the above

23. Which of the following is a compound crime?

A. The accused fired his AK 47 assault rifle at several people. The first burst of shots hit
three persons. The accused let loose a second burst of shots wounding 2 others
B. A man fired his pistol twice in succession directed against two different person
killing one person and the other
C. Placing a time bomb in a plane, this caused it to explode in mid-air killing 13 persons
therein
D. None of the above

24. Roman Rapido (RR), the accused saw a 22 year old Ms. Ana near the gate of her
residence. Without a word. RR kissed Ms. Ana on the cheek and brisked softly his hands
on to her left breast. No one saw the incident. In a minute, RR left Ms. Ana, who got
shocked and speechless. What crime was committed by RR if any?
A. Unjust vexation
B. Seduction
 C. Attempted rape
D. Acts of lasciviousness

25. If Dindo slapped Susan’s face in front of a lot of people in party, what crime did Dindo
commit?
A. Slander by deed
B. Physical injury
C. Malicious mischief
D. Unjust vexation

26. A public officer appropriating public funds and misappropriating public property are
examples of what kind of an offense?

A. Possession of prohibited interest

B. Money Laundering
C. Fraud
D. Malversation

27. Which of the following is a continuing offense?

A. A thief takers from the yard of the house two game rooster belonging to two
different owners
B. The accused after robbing one house proceeded to rob another house and then to
another house where the third robbery was committed
C. After uttering defamatory words against the offended party the accuse attacked and
assaulted the latter resulting in slight physical injuries
D. None of the above

28. A suspected arsonist was caught. Evidence showed that he poured gasoline under the
house of another and was about to strike the match to set the house on fire when he
was apprehended. What crime was committed, if there is any?

A. Frustrated arson
B. Consummated arson
C. Attempted arson
D. None of these

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

A. Jeopardy
B. Detention
C. Imprisonment
D. None of these
30. A 41 year old man had a carnal knowledge with a 25-year old woman who for reason of
mental abnormality has mental capacity of an 11 year old. However, the woman
consented to such carnal act. What is the effect of such consent?

A. There is mitigating circumstances

B. There is aggravating circumstances
C. There is no rape
D. Rape was committed

31. To expedite the processing of benefit claims from the SSS a clerk accepted 2,000.00
pesos from Mr. Retiree. The clerk is liable for.

A. Bribery
B. Direct Bribery
C. Qualified Bribery
D. Indirect Bribery

32. It refers to a scientifically defined pattern of psychological and behavioural symptoms

found in women lying in battering relationship as a result of cumulative abuse.

A. Sexual abuse
B. Stalking syndrome
C. Violence against women
D. Battered woman syndrome

33. 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 mounted by the child’s
parents?

A. Kidnapping
B. White Slavery
C. Exploitation of Child Labor
D. Inducing a Minor to Work

34. Which is a form of slight physical injury in the list below?

A. Loss of an eye
B. Mutilation
C. 3rd degree burn
D. Maltreatment
35. When fire is use with intent to kill a particular person who may be in a house and that
objective is attained by burning the house, the crime is.

A. Murder only
B. Arson
C. Homicide with Arson
D. Arson with homicide

36. A police officer who arrested a member of congress while going to attend a senate
session for a traffic violation is called.

A. Acts tending to prevent the meeting of the National Assembly

B. Crime against popular representation
C. Violation of parliamentary immunity
D. All of the above

37. In a fit of jealousy, mary set fire on the ‘jockey’ boxer shorts of her boyfriend, louie.
What crime did mary commit?
A. Malicious mischief
B. Reckless imprudence
C. Arson
D. Slight physical injury

38. Who are those taking part in the performance of public functions in the government or
performing in said government or in any branches public duties as an employee, agent
or subordinate official of any rank or class?
A. Barangay officials
B. Public officers
C. Person in authority
D. Agent of person in authority

39. What crime is committed by any person who, in any manner or under any pretext shall
engage in the business or shall profit by prostitution or shall enlist the services of any
other for the purpose of prostitution?
A. Grave scandal
B. Vagrancy
C. White slave
D. Immoral doctrine
40. Any widow who shall marry within 301 days from the date of the death of her husband,
or before having delivered if she shall have been pregnant at the time of his death shall
be liable for.
A. Illegal marriage
B. Premature marriage
C. Immoral marriage
D. Unlawful marriage

41. The following are legal grounds for detention, except:

A. Violent insanity
B. Commission of a crime
C. Ailment requiring compulsory confinement
D. Suspected of committing a felony under the Revised Penal Code

42. Roger stabbed jane, the victim for 100 times because of hate. In the eyes of the law, is
there cruelty?
A. No cruelty because the wounds were not inflicted with deliberate intention of
causing unnecessary pain and suffering of the victim.
B. It depends on the mental condition of the offender at the time of the commission of
the crime
C. Yes, 100 times of stubbing is an act of cruelty
D. Yes, stabbing is obviously an act of cruelty

43. Police operatives in order to ensure conviction of the suspects, were caught in the CCTV
camera planting evidence. They may be held liable for what offense?
A. Incriminatory machination
B. Slander by deed
C. Libel
D. Slander

44. A husband punched his pregnant wife due to constant nagging, cause the death of their
unborn child is guilty called.
A. Parricides
B. Unintentional abortion
C. Abortion
D. Intentional abortion

45. John doe willfully damaged another’s property for the sake of causing damage due to
hate, revenge or other evil motive. He may be liable for.
A. Unjust vexation
B. Tumultuous affray
C. Malicious mischief
D. Destruction of property
46. Which of the following felonies is committed only during time of war?
A. Treason
B. Sedition
C. Coup d’etat
D. Rebellion

47. Voluntary but without malice failing to do an act from which material damage results by
reason of inexcusable lack of precautions on the part of the person performing the act.
A. Imprudence
B. Negligence
C. Reckless imprudence
D. Reckless negligence

48. A, B, C robbed Banco Espanol Filpino. On the occasion of the robbery, A shot the
security guard to death while B raped one of the tellers. What crimes are committed by
A, B, and C?
A. Robbery with homicide & Rape
B. Robbery with rape with homicide
C. Robbery with homicide
D. Robbery with rape

49. Mr. roger bacon with intent to kill fired his gun towards Mr. Schwartz but hitting &
killing Alexander john Forsyth. What crime did Roger Bacon committed?
A. Attempted homicide as regards Mr. Schwartz and consummated homicide as
regards Mr. Forsyth
B. Attempted homicide as regards Mr. Schwartz and consummated murder as regards
Mr. Forsyth
C. Consummated homicide committed by mistake in the blow
D. Consummated homicide

50. X went to the United States. While he was there, he encountered Y an American. They
eventually got married. When X returned to the Philippines his wife Z filed an action
against him for violating their marriage. What is X liable to?
A. Polygamy
B. Adultery
C. Bigamy
D. Concubinage
51. These are the women who, for money or profit, habitually indulge in sexual intercourse
or lascivious conduct.
A. Prostitute
B. Erotomaniacs
C. Vagrants
D. Nymphomaniacs

52. Mr. Bryan, (a taxi driver) slapped the face of a traffic enforcer while the latter is
manning the traffic at Mc Arthur highway intersection. What if a certain passenger gave
assistance to the traffic enforcer, but just as the same, he received a slapped on his face
from Mr. Bryan. What crime is committed by Mr. Bryan as regards to the said
passenger?
A. Physical injury
B. Slander by deed
C. Direct assault
D. Indirect assault

53. What is a crime committed by performing any act which casts dishonour, discredit or
content upon another person?
A. Oral defamation
B. Intriguing against honor
C. Libel
D. Slander by deed

54. What is NOT an element of knowingly rendering unjust judgement?

A. That he renders a judgement in a case submitted to him for the decision
B. That the judgement is valid
C. Offender is a judge
D. None of the above

55. Crimes against religious worship are of two kinds one is interruption of religious worship
and the other is:
A. Usurpation of power
B. Revelation of religious secrets
C. Offending the religious feelings
D. None of the above
1.3 CRIMINALEVIDENCE 55to 70 (15 points)

56. Mr. Johnny Augustus made an extra-judicial confession in the police station without the
presence of a counsel and even told the police that the deadly weapon that he used in killing
the victim was in his house and voluntarily escorts the police in his house to recover the deadly
weapon. The weapon was presented as evidence in court. Is deadly weapon admissible?
A. No, because it is a “fruit of the poisonous tree”
B. Yes for it was obtained under a consented search
C. Yes for it was taken with the consent of the owner
D. No, because it is obtained in the absence of the counsel

57. What is needed to be proven that scandalous circumstance is an element in the crime of
concubinage?
A. If the mistress is kept outside the conjugal dwelling
B. If the man is legally married
C. If the mistress is a relative
D. If the mistress is a virgin

58. What classification of evidence is directly addressed to the senses and consist of tangible
things exhibited in open court?
A. Real
B. Circumstantial
C. Documentary
D. Testimonial

59. In what instances can alibi acquire commensurate strength in evidential value?
A. When questions on whether or not accused committed the offense is clear
B. Where no positive and proper identification has been satisfactorily made
C. When the evidence for the prosecution is strong
D. When it changes the burden of proof

60. Which among the foregoing is not part of the judicial rule for sufficiency of circumstantial
evidence to convict an accused?
A. The combination of all the circumstance is such as to produce a conviction beyond
reasonable doubt
B. The facts from which the inference are derived must be proved
C. There is more than one circumstance
D. It must be of judicial recognizance
61. In what instance can alibi (the weakest defense) acquire commensurate strength in
evidential value?
A. When questions on wheather or not accused committed the offense are clear
B. Where no positive and proper identification has been satisfactorily made
C. When evidence for the prosecution is strong
D. When it changes the burden of proof

62. What must evidence be in order to become relevant to the issue?

A. Has direct bearing and actual connection to the facts in issue
B. Should not be contrary to morals
C. Not be offensive to our senses
D. Not be excluded by the rules

63. It is made before a court in which the case is pending and in the course of legal proceedings
and by itself, and sustains a conviction.
A. Interlocking confession
B. Judicial confession
C. Extra interlocking confession
D. Extra judicial confession

64. The burden of proof is the duty of the prosecutor to prove the case. In case of Admission
with justification by the accused that said was an act of self-defense. What degree of proof is
required in order for the accused to prove the existence of self-defense?
A. Clear and Convincing Evidence
B. Substantial Evidence
C. Preponderance of Evidence
D. Proof beyond Reasonable Doubt

65. What rules states that “when the subject of inquiry is the content of a document, no
evidence shall be admissible other than the original document itself”?
A. Genuine evidence
B. Authenticated evidence
C. Best evidence
D. Patrol evidence

66. How can evidence of survivorship be proven?

A. By direct evidence
B. By circumstantial evidence
C. By direct evidence
D. By marital evidence
67. It is the obligation imposed upon party who alleges the existence of facts necessary for the
prosecution of his action or defense to establish the same by the requisite quantum of
evidence.
A. Rep ipsa loquitor
B. Res gestae
C. Onus probandi
D. Articulo mortis

68. Mayoralty candidates A and B in the city of Digos are contesting each others votes garnered
during the last elections. In the case, what could be the best evidence to present in court?
A. Witnesses
B. Ballots
C. Registration of votes
D. Certification by board of canvassers

69. Which is the hearsay evidence rule?

A. Witness is an expert testimony
B. Witness cannot testify what he overhead
C. Witness can testify only to the facts derived from his perception
D. Witness can testify only to those facts derived directly confined to him

70. Which of the following types of evidence affords the greatest certainly of the fact in
question?
A. Positive
B. Cumulative
C. Corroborative
D. Primary

1.4 CRIMINAL PROCEDURES 71 to 93 (23 points)

71. The jurisdiction of the court over the person of the accused is conferred or acquired either
by the following except __________
A. Voluntarily appearance in court
B. Filing of an application for bail
C. Under house arrest
D. Voluntary surrender
72.The Philippine Congress enacted RA 7877 on February 14, 1995 primarily to protect women
from sexual harassment in specified places and activities. This law is also known as the;
A. Anti-violence Againts Women and their Children
B. Anti-sexual Harassment Act of 1995
C. Women’s Dignity Act of 1995
D. Gabriela Silang Act of 1995

73. Civil action for the recovery of civil damages arising from a criminal offense is deemed
instituted with the criminal action. This rule does not apply in the following cases, except;
A. When the offended party reserves the right to institute a separate civil action
B. When the offended party institutes the civil action before the criminal action
C. When the offended party institutes the criminal action
D. When the offended party waives the civil action

74. Under the Local Government Code of 1991, what is the conditions precedent that must be
satisfied before the institution of a criminal action in court?
A. Confrontation between parties
B. Certification of no conciliation
C. Settlement has been repudiated
D. All of these

75. Summary procedures may be applied in the following case, Except;

A. Criminal cases where the penalty prescribed by law is imprisonment not exceeding 6
years
B. Violation of traffic laws, rules and regulation
C. Violation of city or municipal ordinance
D. Violation of laws

76. What is the best remedy of a person who is accused under a wrong name?
A. Ignore the charge
B. Regional Trial Courts
C. Enter the plea of NOT guilty
D. File motion to quash on the ground of lack of jurisdiction

77. Any violation of the Comprehensive Dangerous Drugs Act of 2002 regardless of the
imposable penalty, except one of the parties involved is a minor is cognizable by what court?
A. Regional Trial Courts
B. Municipal Trial courts
C. Lower Courts
D. Family courts
78. What is the rule in criminal law about doubts?
A. Doubts duly annotated are resolved in favor of the accused
B. Proven doubts should be resolve in favor of the accused
C. Verified doubts shall be resolved in favor of the accused
D. All doubts should be resolve in favor of the accused

79. Preliminary Investigation is one of the features of what system of criminal procedure?
A. Inquisitorial System
B. Accusatorial System
C. Criminal Justice System
D. Inquest Proceeding System

80. What is that question which arises in a case, the resolution of which is a logical antecedent
of the issue involves in said case, and the cognizance of which pertains to another tribunal?
A. Justifiable question
B. Both justifiable & prejudicial questions
C. Prejudicial question
D. All of the above

81. The accused was convicted before the Regional Trial Court if the issue on appeal is purely
legal one, where shall the accused file his appeal?
A. RTC that has the jurisdiction
B. Sandiganbayan
C. Court of Appeals
D. Supreme Court

82. The prosecution cannot appeal from a judgment of conviction to increase the penalty
because;
A. The prosecution can ask that the judgment be set aside
B. The prosecution can ask for the reopening of the case
C. The accused would be placed in double jeopardy
D. All of the above

83. How “silence of a person in a direct accusation” is best treated?

A. As a quasi-admission
B. As a self-incriminatory reaction
C. As a judicial notice
D. As a quasi-confession
84. In Metro Manila and other chartered cities, where shall the offended party file his
complaint?
A. Municipal Trial Court
B. Metropolitan Trial Court
C. Regional Trial Court
D. Office of the Prosecutor

85. Prescription of the crime commences to run;

A. Upon discovery of the crime by the offended party
B. Upon filing of the complaint or information
C. Upon re-appearance of the accused
D. Upon escape of the accused

86. If there was error or irregularity in the course of trial, which remedy is available to the
accused that was found guilty?
A. Assassinate the Judge
B. Motion for reconsideration
C. Escape or evade sentence
D. Appeal

87. What is the inherent power and authority of the state to provide protection of the person
and property of a person?
A. Mens Rea
B. Dura Lex
C. Nullum Crimens
D. Parens Patriae

88. In filing a complaint or information, how is the real nature of the crime charged
determined?
A. Law specifically violated
B. Title at the charge sheet
C. Evidence to be presented
D. Facts recited in the complaint of information

89. Who shall enter an plea of guilty?

A. Defendant himself in open court
B. His authorized counsel
C. His counsel the oficio
 D. Self-confessed accused

90. What personal property CANNOT be seized?

A. Property used or oriented to be used asa means of commiting an offense
B. Property stolen or embezzled and other proceeds or fruits of the offense
C. Any property that can be used as an evidence to prosecute the offender
D. Property subject of the offense

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

A. After trial
B. Upon his arrest
C. Upon his voluntary appearance
D. Upon his receipt of summons

92. Refers to persons given by law the duty and power to exercise jurisdiction and maintenance
of peace and order as well as the protection of life liberty and property.
A. Person in authority
B. Prosecutors
C. Justice
D. Policemen

93. The judgement rendered by the trial court changes the nature of the offense from a non-
bailable to bailable. Where canthe bail application be resolved?
A. Trial Court
B. Appellate Court
C. Regional Trial Court
D. Metropolitan Trial Court

1.5 PRACTICE COURT/COURRT TESTIMONY 94-100 (7points)

94. This occurs when the judge enters the court room and the clerk or bailiff announces his
presence.
 A. Call to order
B. Order of trial
C. Arraignment
D. Roll call of cases

95. When an object has been made to the testimony of the witness and the judge orders that it
be sustained, it means that the witness is;
A. Instructed to sit down
B. Allowed to continue and answer
C. Instructed to get out of the witness stand
D. Not allowed to answer the question directed by the counsel

96. To whom a policemen testifying in courts as a eitness is in favor of?

A. Accused
B. Defense
C. Government
D. Prosecution

97. When evidences are presented to the court, this constitutes.

A. Witness oath
B. Call to order
C. Roll call of cases
D. Marking of exhibits

98. Theprosecutor in a criminal case would ususally utter in roll call;

A. “For the state your honor, ready”
B. “For the people your honor, ready”
C. “For the accused your honor, ready”
D. “For the plaintiff your honor, ready”

99. The gavel use by the judge during court hearing or trial represents his _______ as official of
the court.
A. Power
B. Authority
C. Command
D. Office

100. It refers to a written statement of the respective claims and defense of the parties
submitted to the court for appropriate judgement.
A. Counterclaim
B. Answer
C. Pleading
D. Reply