Criminal Jurisprudence Review Questions D.

culture
9. The authority of the court to take cognizance of the
case in the first instance.
1. Berto, with evident premeditation and treachery killed
A. Appellate Jurisdiction
his father. What was the crime committed?
B. General Jurisdiction
A. Murder
C. Original Jurisdiction
B. Parricide
D. Exclusive Jurisdiction
C. Homicide
D. Qualified Homicide
10. A person designated by the court to assist destitute
litigants.
2. PO3 Bagsik entered the dwelling of Totoy against the
A. Counsel de officio
latters will on suspicion that Bitoy keep unlicensed
B. Attorney on record
firearms in his home. What was the crime committed by
C. Attorney at law
PO3 Bagsik?
D. Special counsel
A. Trespass to Dwelling
B. Violation of Domicile
11. Which of the following is not covered by the Rules
C. Usurpation of Authority
on Summary Procedure?
D. Forcible Trespassing
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of
3. Charlie and Lea had been married for more than 6
imprisonment
months. They live together with the children of Lea from
D. The penalty does not exceed six months
her first husband. Charlie had sexual relation with Jane,
imprisonment
the 14-year-old daughter of Lea. Jane loves Charlie very
much. What was the crime committed by Charlie?
12. It refers to a territorial unit where the power of the
A. Simple Seduction
court is to be exercised.
B. Qualified Seduction
A. jurisdiction
C. Consented Abduction
B. jurisprudence
D. Rape
C. venue
4
D. bench
. Prof. Jose gave a failing grade to one of his students,
Lito. When the two met the following day, Lito slapped
13.The Anti-Bouncing Check Law.
Prof. Jose on the face. What was the crime committed
A. RA 6425
by Lito?
B. RA 8353
A. Corruption of Public Officials
C. BP.22
B. Direct Assault
D. RA 6975
C. Slight Physical Injuries
D. Grave Coercion
14. The taking of another persons personal property,
with intent to gain, by means of force and intimidation.
A. qualified theft
5. A warrant of arrest was issued against Fred for the
B. robbery
killing of his parents. When PO2 Tapang tried to arrest
C. theft
him, Fred gave him 1 million pesos to set him free. PO2
D. malicious mischief
Tapang refrained in arresting Fred. What was the crime
committed by PO2 Tapang?
A. Indirect Bribery
15. Felony committed when a person compels another
B. Direct Bribery
by means of force, violence or intimidation to do
C. Corruption of Public Officials
something against his will, whether right or wrong.
D. Qualified Bribery
A. grave threat
B. grave coercion
C. direct assault
6. Which of the following is the exemption to the
D. slander by deed
hearsay rule made under the consciousness of an
impending death?
A. Parol Evidence
16. These are persons having no apparent means of
B. Ante mortem statement
subsistence but have the physical ability to work and
C. Suicide note
neglect to apply himself or herself to lawful calling.
D. Dead man statute
A. Pimps
B. prostitutes
7. Factum probans means __.
C. gang members
A. preponderance of evidence
D. vagrants
B. ultimate fact
C. evidentiary fact
17. A medley of discordant voices, a mock serenade of
D. sufficiency of evidence
discordant noises designed to annoy and insult.
A. Tumultuous
B. charivari
8. It refers to family history or descent transmitted from
C. sedition
one generation to another.
D. scandal
A. inheritance
B. heritage
18. The unauthorized act of a public officer who compels
C. pedigree
another person to change his residence.
 A. violation of domicile oath of affirmation, administered by authority of law on
B. arbitrary detention a material matter.
C. expulsion A. libel
D. direct assault B. falsification
C. perjury
D. slander
19. The deprivation of a private person of the liberty of
another person without legal grounds. 28. Deliberate planning of act before execution.
A. illegal detention A. Treachery
B. arbitrary detention B. evident premeditation
C. forcible abduction C. ignominy
D. forcible detention D. cruelty

29. Whenever more than 3 armed malefactors shall

20. An offense committed by a married woman through have acted together in the commission of a crime.
carnal knowledge with a man not her husband who A. gang
knows her to be married, although the marriage can be B. conspiracy
later declared void. C. band
A. concubinage D. piracy
B. bigamy
C. adultery 30. The failure to perform a positive duty which one is
D. immorality bound to.
A. Negligence
21. Age of absolute irresponsibility in the commission of B. imprudence
a crime. C. omission
A. 15-18 years old D. act
B. 18-70 years old
C. 9 years old and below 31. Ways and means are
D. between 9 and 15 years old employed for the purpose of trapping and capturing the
law breaker in the execution of his criminal plan.
A. Misfeasance
22. Those who, not being principals cooperate in the B. entrapment
execution of the offense by previous or simultaneous C. inducement
acts. D. instigation
A. Accomplices
B. Suspects 32. Those where the act committed is a crime but for
C. principal actors reasons of public policy and sentiment there is no
D. accessories penalty imposed.
A. impossible crimes
23. The loss or forfeiture B. aggravating circumstances
of the right of the government to execute the final C. absolutory causes
sentence after the lapse of a certain time fixed by law. D. Complex Crimes
A. prescription of crime
B. prescription of prosecution 33. One of the following is an alternative circumstance.
C. prescription of judgement A. Insanity
D. prescription of penalty B. intoxication
C. passion or obfuscation
D. evident premeditation
24. A kind of executive clemency whereby the execution
of penalty is suspended. 34. If the accused refuse to plead, or make conditional
A. Pardon plea of guilty, what shall be entered for him?
B. commutation A. a plea of not guilty
C. amnesty B. a plea of guilty
D. reprieve C. a plea of mercy
D. a plea of surrender
25. Infractions of mere rules of convenience designed to
secure a more orderly regulation of the affairs of the 35. At what time may the accused move to quash the
society. complaint or information?
A. mala prohibita A. at any time before his arrest
B. mala in se B. only after entering his plea
C. private crimes C. any time before entering his plea
D. public crimes D. Monday morning

36. The process whereby the accused and the

26. Felony committed by a public officer who agrees to prosecutor in a criminal case work out a mutually
commit an act in consideration of a gift and this act is satisfactory disposition on the case subject to court
connected with the discharge of his public duties. approval.
A. qualified bribery A. Arraignment
B. direct bribery B. plea bargaining
C. estafa C. preliminary investigation
D. indirect bribery D. trial

27. The willful and corrupt assertion of falsehood under 37. The security given for the release of a person in
custody, furnished by him or a bondsman, conditioned D. all of the above
upon his appearance before any court as required under 46. All persons who can perceive and perceiving, can
the conditions specified by law. make known their perception to others.
A. Subpoena A. Suspects
B. recognizance B. witnesses
C. bail C. victims
D. warrant D. informers

38. The examination 47. The unlawful

before a competent tribunal, according to the laws of destruction or the bringing forth prematurely, of human
the land, of the acts in issue in a case, for the purpose fetus before the natural time of birth which results in
of determining such issue. death.
A. Trial A. abortion
B. Arraignment B. infanticide
C. pre-trial C. murder
D. judgment D. parricide

39. The adjudication by the court that the accused is 48. Felony committed when
guilty or is not guilty of the offense charged, and the a person is killed or wounded during the confusion
imposition of the proper penalty and attendant to a quarrel among several persons not
A. trial organized into groups and the parties responsible
B. Pre-trial cannot be ascertained.
C. Arraignment A. alarm and scandal
D. Judgment B. mysterious homicide
C. death under exceptional circumstances
40. It is an inquiry or D. tumultuous affray
proceeding for the purpose of determining whether
there is sufficient ground to engender a well-founded 49. A question which arises in a case the resolution of
belief that an offense has been committed and the which is the logical antecedent of the issue involved in
offender is probably guilty thereof and should be held said case and the cognizance of which pertains to
for trial. another tribunal.
A. pre-trial A. legal question
B. arraignment B. juridical question
C. preliminary investigation C. prejudicial question
D. plea bargaining D. judicial question

41. It is evidence of the same kind and to the same 50. The RPC was based on the
state of facts. A. Spanish penal code
A. secondary evidence B. English penal code
B. prima facie evidence C. American penal code
C. corroborative evidence D. Japanese penal code
D. best evidence
51. An act or omission which is a result of a
42. It is that which, standing alone, unexplained or misapprehension of facts that is voluntary but not
uncontradicted is sufficient to maintain the proposition intentional.
affirmed. A. impossible crime
A. secondary evidence B. mistake of facts
B. prima facie evidence C. accidental crime
C. corroborative evidence D. complex crime
D. best evidence
52. Infanticide is committed by killing a child not more
43. A form of evidence supplied by written instruments than.
or derived from conventional symbols, such as letters, A. 36 hours
by which ideas are represented on material substances. B. 24 hours
A. documentary evidence C. 48 hours
B. testimonial evidence D. 72 hours
C. material evidence
D. real evidence 53. Ignorance of the law excuses no one from
compliance therewith.
44. When the witness states that he did not see, or A. ignorantia legis non excusat
know the occurrence of a fact. B. parens patriae
A. positive evidence C. res ipsa loquitur
B. corroborative evidence D. dura lex sed lex
C. secondary evidence
D. negative evidence 54. An act which would be an offense against persons or
property if it was not for the inherent impossibility of its
45. Personal property that can be subjects for search accomplishment.
and seizure. A. compound crime
A. used or intended to be used as means in B. impossible crime
committing an offense C. complex crime
B. stolen or embezzled and other proceeds or D. accidental crime
fruits of the offense
C. subject of the offense 55. The law which reimposed the death penalty.
 A. RA 5425
B. RA 8553 64. When the offender enjoys and delights in making his
C. RA 7659 victim suffers slowly and gradually, causing him
D. RA 8551 unnecessary physical pain in the consummation of the
criminal act.
56. One who is deprived completely of reason or A. Ignominy
discernment and freedom of the will at the time of the B. cruelty
commission of the crime. C. treachery
A. discernment D. masochism
B. insanity
C. epilepsy 65. One, who at the time of his trial for one crime shall
D. imbecility have been previously convicted by final judgment of
another crime embraced in the same title of the Revised
57. The quality by which an Penal Code.
act may be subscribed to a person as its owner or A. Recidivism
author B. habitual delinquency
A. responsibility C. reiteracion
B. duty D. quasi-recidivism
C. guilt
D. imputability 66. Alevosia means
A. Craft
58. Something that happen outside the sway of our will, B. treachery
and although it comes about through some acts of our C. evident premeditation
will, lies beyond the bound s of humanly foreseeable D. cruelty
consequences.
A. fortuitous event 67. The law hears before it condemns, proceeds upon
B. fate inquiry and render judgment after a fair trial.
C. accident A. ex post facto law
D. destiny B. equal protection of the law
C. rule of law
59. A sworn written statement charging a person with D. due process of law
an offense, subscribed by the offended party, any peace
officer or other public officer charged with the 68. A person if within a period of 10 years from the date
enforcement of the law violated. of his release or last conviction of the crime of serious or
A. subpoena less serious physical injuries, robbery, theft, estafa or
B. information falsification, he is found guilty of any of the said crimes
C. complaint a third time or oftener.
D. writ A. Recidivist
B. quasi-recidivist
60. This right of the accused is founded on the principle C. habitual delinquent
of justice and is intended not to protect the guilty but to D. hardened criminal
prevent as far as human agencies can the conviction of
an innocent person. 69. A kind of evidence which cannot be rebutted or
A. right to due process of law overcome.
B. presumption of innocence A. Primary
C. right to remain silent B. Best
D. right against self-incrimination C. Secondary
D. Conclusive
61. Known in other countries as the body of principles,
practices, usages and rules of action which are not 70. A kind of evidence which cannot be rebutted or
recognized in our country. overcome.
A. penal laws A. Primary
B. special laws B. Best
C. common laws C. Secondary
D. statutory laws D. Conclusive

62. Circumstances wherein there is an absence in the 71. These questions suggest to the witness the answers
agent of the crime any of all the conditions that would to which an examining party requires.
make an act voluntary and hence, though there is no A. leading
criminal liability there is civil liability. B. misleading
A. Exempting C. stupid
B. alternative D. hearsay
C. justifying
D. aggravating 72. A method fixed by law for the apprehension and
prosecution of persons alleged to have committed a
63. Circumstances crime, and or their punishment in case of conviction
wherein the acts of the person are in accordance with A. Criminal Law
the law, and hence, he incurs no criminal and civil B. Criminal Evidence
liability. C. Criminal Procedure
A. exempting D. Criminal Jurisprudence
B. alternative
C. justifying 73. The period of
D. aggravating prescription of crimes punishable by death.
 A. 20 years A. illegal detention
B. 15 years B. arbitrary detention
C. 10 years C. compulsory detention
D. 40 years D. unauthorized detention
74. Persons who take direct part in the execution of a
crime. 84. A breach of allegiance to a government, committed
A. Accomplices by a person who owes allegiance to it.
B. Accessories A. treason
C. Instigators B. espionage
D. Principals C. rebellion
D. coup d etat
75. A crime against honor which is committed by
performing any act which casts dishonor, discredit, or 85. A building or structure, exclusively used for rest and
contempt upon another person. comfort.
A. libel A. sanctuary
B. slander by deed B. prison
C. incriminating innocent person C. jail
D. intriguing against honor D. dwelling

76. The improper performance of some act which might 86. The mental capacity to understand the difference
lawfully be done. between right and wrong.
A. misfeasance A. treachery
B. malfeasance B. premeditation
C. nonfeasance C. recidivism
D. dereliction D. discernment

77. A sworn statement in 87. Conspiracy to commit

writing, made upon oath before an authorized this felony is punishable under the law.
magistrate or officer. A. Estafa
A. subpoena B. Murder
B. writ C. Rebellion
C. warrant D. Rape
D. affidavit
88. It means that the
78. Any other name which resulting injury is greater than that which is intended.
a person publicly applies to himself without authority of A. Aberratio ictus
law. B. Error in personae
A. alias C. Dura Lex Sed lex
B. common name D. Praeter Intentionem
C. fictitious name
D. screen name 89. It means mistake in the blow.
A. Aberratio Ictus
79. A special aggravating circumstance where a person, B. Error in Personae
after having been convicted by final judgment, shall C. Dura lex sed lex
commit a new felony before beginning to serve such D. Praeter Intentionem
sentence, or while serving the same.
A. quasi-recidivism 90. A stage of execution when all the elements
B. recidivism necessary for its execution and accomplishment are
C. reiteracion present.
D. charivari A. Attempted
B. Frustrated
80. Which of the following is not a person in authority? C. Consummated
A. Municipal mayor D. Accomplished
B. Private School Teacher
C. Police Officer 91. An act or omission which is the result of a
D. Municipal Councilor misapprehension of facts that is voluntary but not
intentional.
81. In its general sense, it is the raising of commotions A. Absolutory Cause
or disturbances in the State. B. Mistake of facts
A. Sedition C. Conspiracy
B. Rebellion D. Felony
C. Treason
D. Coup d etat 92. Crimes that have
three stages of execution.
82. The length of validity of a search warrant from its A. Material
date. B. Formal
A. 30 days C. Seasonal
B. 15 days D. Continuing
C. 10 days
D. 60 days 93. Felonies where the acts or omissions of the offender
are malicious.
83. The detention of a person without legal grounds by A. Culpable
a public officer or employee. B. Intentional
 C. Deliberate
D. Inculpable 4. What should be conducted in order to determine whether a case fa
A. Inquest proceeding
94. It indicates deficiency B. Preliminary conference
of perception. C. Preliminary investigation
A. Negligence D. Search and Seizure
B. Diligence
C. Imprudence 5. For offense falling under the jurisdiction of Municipal Trial Courts a
D. Inference A. By filling a compliant with the Regional Trial Court
B. By filing a complaint directly with the court
95. Acts and omissions punishable by special penal laws. C. By filling a complaint with the chief of Police in the municipali
A. Offenses D. By filling a complaint with the fiscal for preliminary investigat
B. Misdemeanors
C. Felonies 6. Intervention of the offended party in the criminal action is not allo
D. Ordinances A. when he has not waived the civil action
B. when he has file the civil action ahead of the criminal
96. A character of Criminal Law, making it binding upon C. when he has expressly reserved the right to institute the civil
all persons who live or sojourn in the Philippines. D. when he has waived the civil action
A. General
B. Territorial 7. The place of trial for a criminal action is cited
C. Prospective A. territory
D. Retroactive B. action
C. jurisdiction
97. A legislative act D. venue
which inflicts punishment without judicial trial.
A. Bill of Attainder 8. The primary purpose of bail is
B. Bill of Rights A. to protect the accused rights
C. Ex Post Facto Law B. to keep the accused in jail until trial
D. Penal Law C. to punish the accused for the crime
D. to release the accused
98. The taking of a person into custody in order that he
may be bound to answer for the commission of an 9. The authority of the court to take cognizance of a case in the first
offense. A. original jurisdiction
A. Search B. appellate jurisdiction
B. Seizure C. general jurisdiction
C. Arrest D. delegated jurisdiction
D. Detention
10. "A" stabbed "B". "A" brought "B" to a hospital for medical treatm
99. Pedro stole the cow of A. a physical injury
Juan. What was the crime committed? B. an attempted felony
A. Robbery C. a consummated felony
B. Farm Theft D. a frustrated felony
C. Qualified Theft
D. Simple Theft 11. A person undergoing criminal investigation enjoys his three const
A. the right to oppose whatever the accusation on him
100.Pedro, a 19 year old man had sexual intercourse B. the right to plea guilty and not guilty
with her 11 year old girlfriend without threat, force or C. the right to oppose whatever accusation or him based on his
intimidation. What was the crime committed? D. the right to remain silent, the right to counsel, the right to be
A. Child rape
B. Qualified Rape 12. Evidence is admissible when it is relevant to the issue and is not
C. Statutory Rape A. Real evidence
D. None of these B. Secondary evidence
C. Admissibility of evidence
D. Relevancy of evidence
Criminal Jurisprudence Reviewer 1
13. What is the sworn written statement charging a person with an o
1. The SC ruled the illegally obtained evidence is inadmissible in state criminal prosecutions in the famous case of
A. Deposition
A. Miranda vs Arizona B. Complaint
B. Otit vs Jeff C. Police blotter
C. Mapp vs Ohio D. Information
D. Milkey vs Wett
14. Trial is allowed only after arraignment and the accused may waiv
2. It is defined as a remedy or process by which a child born out of lawful wedlock and are therefore considered illegitimate are by fiction of
A. Substitution
A. Adoption B. Absentia
B. Legitimation C. Re-assignment
C. Foster parenting D. Ordeal
D. Naturalization
15. A public officer or employee when NOT being authorized by judici
3. What is the Latin term for criminal intent? A. Legal entry
A. Mens Rea B. Violation of domicile
B. Magna Culpa C. Illegal entry
C. Inflagrante Delicto D. Abatement
D. Mala Vise
16. Intoxication when considered under the law is considered
A. Alternative Circumstance 26. It is the Latin term referring to "caught in the act" of performing
B. Maladaptive Behavior A. Nullum Crimen
C. Delinquent act B. Dura lex sed lex
D. Anti-social Behavior C. Ignorancia lex excusat
D. none of these
17. The adjudication by the court that the defendant is guilty or is not guilty of the offense charged and the imposition of the penalty provide
A. judgment 27. Any act committed or omitted in violation of a public law forbiddin
B. false informant A. legal act
C. information B. Crime
D. admission C. Poena
D. Punishment
18. Is that which is not excluded by the law as tending to prove a fact in issue
A. material evidence 28. A rule of conduct, just, obligatory, enacted by legitimate authority
B. relevant evidence A. Regulation
C. direct evidence B. City Ordinance
D. competent evidence C. Law
D. Lawful Act
19. Any private person who shall enter the dwelling of another against the will of the latter
A. none of these 29. The Latin term POENA means:
B. trespassing to dwelling A. Penalty
C. light threats B. Pain
D. usurpation C. Punishment
D. Police
20. 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. Felonies Answers: Criminal Jurisprudence
C. Exempting circumstances
D. Attempted felony 1. C
2. B
21. Is committed whenever the offender commences the commission of3.a crime A directly by overt acts but does not perform all the acts of ex
A. Frustrated felony 4. C
B. Attempted felony 5. B
C. Consummated felony 6. B
D. Felony 7. D
8. D
22. Are those crimes committed against individuals, particularly against9. theirA chastity, but which do not produce danger or prejudice commo
A. Private crimes 10. D
B. Public crimes 11. D
C. Felony 12. D
D. Infractions 13. B
14. B
23. Are those crimes committed against the society which produce direct 15.
damage
B or prejudice common to all its members.
A. Private crimes 16. A
B. Public crimes 17. A
C. Felony 18. B
D. Infractions 19. B
20. B
24. One of the characteristics of criminal law, where penal laws do not have
21. Bretroactive effect, except in cases where they favor the accused
A. Retrospective 22. A
B. General 23. B
C. Territorial 24. A
D. All of the foregoing 25. B
26. D
25. A theory underlying the system of our criminal law, of which Rafael 27.
Garafalo
B and Enrico Ferri, including Dr. Cesare Lombroso, were the g
A. Juristic or classical theory 28. C
B. Positivist or realistic theory 29. B
C. Punitive theory
D. Non- punitive theory