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CRIMINAL LAW & JURISPRUDENCE

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Can file complaint (a) offended party, (b) peace officer, (c)
public officer (law enforcer)
Elements of Malicious Mischief: (a) offender deliberately
caused damage to property of another; (b) damage caused did
not constitute arson or crimes involving destruction; & (c)
The damage was caused maliciously by the offender.
Elements of Homicide: (a) person is killed; (b) accused killed
him without any justifying circumstances; (c) accused had
the intention to kill, which is presumed; & (d) killing was
not attended by any of qualifying circumstances of murder,
or by that of parricide or infanticide.
Judicial notice: facts already known or ought by judges;
cognizance of matters without need of introducing
evidence; matters as facts - no evidence of their existence
RULE 129. WHAT NEED NOT BE PROVED.
a. Matters or facts subject of judicial notice
b. Matters or facts subject of judicial admission
c. Matters or facts which are legally presumed
d. Matters or facts stipulated upon
e. Matters or facts which are exclusively within the
knowledge of the opposing party
f. Matters or facts which are irrelevant
g. Matters or facts in the nature of negative allegations
subject to certain exceptions
Rebellion not crime against national security by public
order
Crimes against Public Order
a. Art. 134. Rebellion or insurrection
b. Article 134-A. Coup d'etat
c. Art. 136. Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection
d. Art. 137. Disloyalty of public officers or employees
e. Art. 138. Inciting a rebellion or insurrection
f. Art. 139. Sedition
g. Art. 141. Conspiracy to commit sedition
h. Art. 142. Inciting to sedition

Crimes against National Security and Law of Nations


1. Art. 114. Treason
2. Art. 115. Conspiracy and proposal to commit treason
3. Art. 116. Misprision of treason
4. Art. 117. Espionage
5. Art. 118. Inciting to war or giving motives for reprisals
6. Art. 119. Violation of neutrality
7. Art. 120. Correspondence with hostile country
8. Art. 121. Flight to enemy country
9. Art. 122. Piracy in general and mutiny on the high seas
10. Art. 123. Qualified piracy
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Elements of Malicious Mischief: Always remember that it is


intentional. Look for word: deliberately. The word
inadvertently is highly inconsistent with the crime of
malicious mischief. Inadvertently means without
knowledge or intention. Malicious means marked by deep
ill will; deliberately harmful.
7. Forgery but crimes against public interest: not crime
committed by public officers
Crimes Committed by Public Officers
a. Art. 204. Knowingly rendering unjust judgment
b. Art. 205. Judgment rendered through negligence
c. Art. 206. Unjust interlocutory order
d. Art. 207. Malicious delay in the administration of
justice
e. Art. 208. Prosecution of offenses; negligence and
tolerance

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Art. 209. Betrayal of trust by an attorney or solicitor.


Revelation of secrets
Art. 210. Direct bribery
Art. 211. Indirect bribery
Art. 212. Corruption of public officials
Art. 213. Frauds against the public treasury and similar
offenses
Art. 214. Other frauds
Art. 215. Prohibited transactions
Art. 216. Possession of prohibited interest by a public
officer
Art. 217. Malversation of public funds or property;
Presumption of malversation
Art. 218. Failure of accountable officer to render
accounts
Art. 219. Failure of a responsible public officer to
render accounts before leaving the country
Art. 220. Illegal use of public funds or property
Art. 221. Failure to make delivery of public funds or
property
Art. 222. Officers included in the preceding provisions
Art. 223. Conniving with or consenting to evasion
Art. 224. Evasion through negligence
Art. 225. Escape of prisoner under the custody of a
person not a public officer
Art. 226. Removal, concealment or destruction of
documents
Art. 227. Officer breaking seal
Art. 228. Opening of closed documents
Art. 229. Revelation of secrets by an officer
Art. 230. Public officer revealing secrets of private
individual
Art. 231. Open disobedience
Art. 232. Disobedience to order of superior officers,
when said order was suspended by inferior officer
Art. 233. Refusal of assistance
Art. 234. Refusal to discharge elective office
Art. 235. Maltreatment of prisoners
Art. 236. Anticipation of duties of a public office
Art. 237. Prolonging performance of duties and powers
Art. 238. Abandonment of office or position
Art. 239. Usurpation of legislative powers
Art. 240. Usurpation of executive functions
Art. 241. Usurpation of jArt. 245. Abuses against
chastity; Penaltiesudicial functions
Art. 242. Disobeying request for disqualification
Art. 243. Orders or requests by executive officers to any
judicial authority
Art. 244. Unlawful appointments

Crimes against Public Interest


a. Art. 161. Counterfeiting the great seal of the
Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive
b. Art. 162. Using forged signature or counterfeit seal or
stamp
c. Art. 163. Making and importing and uttering false coins
d. Art. 164. Mutilation of coins; Importation and utterance
of mutilated coins
e. Art. 165. Selling of false or mutilated coin, without
connivance
f. Art. 166. Forging treasury or bank notes on other
documents payable to bearer; importing, and uttering
such false or forged notes and documents

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Art. 167. Counterfeiting, importing and uttering


instruments not payable to bearer
Art. 168. Illegal possession and use of false treasury or
bank notes and other instruments of credit
Art. 169. Forgery
Art. 170. Falsification of legislative documents
Art. 171. Falsification by public officer, employee or
notary or ecclesiastic minister
Art. 172. Falsification by private individual and use of
falsified documents
Art. 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified messages
Art. 174. False medical certificates, false certificates of
merits or service, etc.
Art. 175. Using false certificates
Art. 176. Manufacturing and possession of instruments
or implements for falsification
Art. 177. Usurpation of authority or official functions
Art. 178. Using fictitious name and concealing true
name
Art. 179. Illegal use of uniforms or insignia
Art. 180. False testimony against a defendant
Art. 181. False testimony favorable to the defendants
Art. 182. False testimony in civil cases
Art. 183. False testimony in other cases and perjury in
solemn affirmation
Art. 185. Machinations in public auctions
Art. 186. Monopolies and combinations in restraint of
trade
Art. 187. Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other
precious metals or their alloys
Art. 188. Subsisting and altering trade-mark, tradenames, or service marks
Art. 189. Unfair competition, fraudulent registration of
trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description

8.

For search to be considered as an incident of the arrest, it


must be made at the place where the: Arrest was effected
What are the requirements in a warrantless search incidental
to a lawful arrest?
Arrest must be lawful
Contemporaneous with arrest in both time and place.
People vs Dela Cruz (G.R. No. 129296. September 25,
2000)
Within vicinity of person arrested, immediate
control, which is evidence of offense or weapon
9.

When evidence is presented to vary the terms of a written


agreement, there is the application of the ____________
evidence rule: Parol

Documentary evidence: Documents as evidence


consist of writings or any material containing letters,
words, numbers, figures, symbols or other modes of
written expressions offered as proof of their contents.
Best Evidence Rule: about contents of documents
Parol Evidence Rule: about agreement in writing

10. Rights of Witness does not include right to remain silent.


Rights of Witness (Sec. 3, Rule 132, RRE)

Protected from irrelevant, improper, or insulting


questions, and from harsh or insulting demeanor;

Not to be detained longer than interests of justice


require;
Not to be examined except only as to matters pertinent
to issue;
Not to given answer which will tend to subject him to
penalty for offense unless otherwise provided by law, or
Not to give answer which will tend to degrade his
reputation, unless it be very fact at issue or to fact from
which fact in issue would be presumed.

11. Accessory (helping escape of principal) to infanticide: not


punishable
Accessory referred to here refers to person who harbors,
conceals, or assists in escape of principals of crime of:
treason,
parricide,
murder,
attempt to take life of Chief Executive,
12. Falsification is not a private crime; may be prosecuted by
persons other than offended party
Crimes Requiring Complaint of Offended Party

Adultery & concubinage:


Complaint of offended spouse
Both guilty parties shall be charged
No prosecution if OdP consented or pardoned
offenders

SARAL: Seduction, Abduction, Rape, Acts of


Lasciviousness
Complaint by OdP or her parents,
grandparents, or guardian
No prosecution if OdP is expressly pardoned
by above-named persons
Marriage of Odr w/ OdP extinguishes criminal
action/remits penalty already imposed upon
him
Applicable to co-principals, accomplices, &
accessories.
13. Questions allowed to be asked to witness who is unwilling to
testify: Leading
Leading questions are allowed of an unwilling or hostile
witness. (Sec. 10{d}, Rule 132, RRE)
Hostile witness: one who testifies on a material matter
unfavorable to the party who calls him.
Adverse witness: one called by or associated with the
opposing party.
14. Science involving technical knowledge about traces of crime
is known as: Forensic Science
15. Coup d etat: R.A. 6968
16. Movement of the offender is restricted: not aggravating
circumstance
Aggravating circumstances:

Taking advantage of public position

Disrespect due to rank, age, sex

Abuse of confidence

Dwelling

Band

Uninhabited place

Nighttime

Recidivism - offender at the time of his trial for one


crime previously convicted by final judgment of another
embraced in same title of RPC.

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Reiteracion/repitition - offender previously punished for


offense law attaches equal/ greater penalty or for 2 or
more crimes to which it attaches lighter penalty.
Habitual delinquency - offender within period of 10
years from date of release or last conviction of crimes
of serious or less serious physical injuries, robo,
hurto, estafa or falsification, is found guilty of any of
said crimes a third time or oftener.
Quasi-recidivism - person commits felony after
convicted by final judgment before beginning to serve
such sentence or while serving such sentence:
maximum period prescribed by law for new felony.
In consideration of a price, reward or promise
By means of inundation or fire
Evident premeditation
Craft
Abuse of superior strength
Treachery
Ignominy
Cruelty
Unlawful entry
Motor vehicle
Organized or syndicated crime group

21. Cohabiting with another: not element of BIGAMY


Elements of Bigamy:

Offender has been legally married;

1st marriage not legally dissolved, or in case his or her


spouse is absent, absent spouse not judicially declared
presumptively dead;

He/she contracts subsequent marriage;

Subsequent marriage valid if not for existence of first.


22. In matters of form, after the accused has pleaded, amendment
of the complaint or information shall be: With leave of court

Rule applicable: Sec. 14, Rule 110, RRCP


WHEN CAN A COMPLAINT OR INFORMATION
BE AMENDED?

General rule:

Before plea,

Amendment in form or in substance

Without leave of court

Exception: if amendment will

Downgrade offense or

Drop accused from complaint or


information

Requisites to observe:

Amendment: motion of
prosecutor

Notice to offended party

Leave of court

Court states reason in


resolving motion

Copies of resolution given


to all parties, especially offended party

WHEN CAN A COMPLAINT OR INFORMATION


BE AMENDED?

After plea:

Amendment in form

With leave of court

Not causing prejudice to rights of


accused .

WHEN CAN A COMPLAINT OR INFORMATION


BE SUBSTITUTED?

Any time before judgment: there is mistake


in charging proper offense, and

Accused cannot be convicted of offense


charged or of any other offense necessarily included
therein

Does place accused in double jeopardy

WHEN RIGHTS OF THE ACCUSED MAY BE


PREJUDICED BY AN AMENDMENT?

Defense in original information no longer


available

Evidence under original information longer


available

Evidence under original information longer


be applicable

WHAT ARE SUBSTANTIAL AMENDMENTS?

Amendments involving recital of facts


constituting offense and determinative of
jurisdiction of court

All other matters are merely of form

After plea, substantial amendments are


prohibited

17. Sandiganbayan: co-equal to Court of Appeals


Sandiganbayan:

"People's Advocate

Special court

Presidential Decree No. 1606

Equivalent to the Court of Appeals

Consists of 14 Associate Justices and 1 Presiding Justice


18. Premature marriage: not crime against honor
Crimes against Honor

Art. 353. Definition of libel

Art. 358. Slander

Art. 359. Slander by deed

Art. 359. Slander by deed

Art. 359. Slander by deed


NOTE: Premature marriage punished under Art. 351 under
Crimes against Civil Status of Persons.
19. Things to be used for escaping: not included among
properties may be taken by the officer effecting the arrest
Search incident to lawful arrest; Properties to take:
dangerous weapons
anything which may have been used
anything which may constitute proof in commission of
offense
20. Sexual harassment (REPUBLIC ACT NO. 7877): not
crime against chastity
Crimes against Chastity:

Art. 333. Adultery

Art. 334. Concubinage

Art. 335. Rape

Art. 336. Acts of lasciviousness

Art. 337. Qualified seduction

Art. 338. Simple seduction

Art. 339. Acts of lasciviousness with the consent of the


offended party

Art. 340. Corruption of minors

Art. 341. White slave trade

Art. 342. Forcible abduction

Art. 343. Consented abduction

Offense similar to sexual harassment:


Art. 245. Abuses against chastity

23. Corroborative of different kind key word:


DIFFERENT; Cumulative of the same kind key word:
SAME

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24. Evidence is given by written instruments are said to be:


Documentary
25. Characteristic of criminal law that states that penal law binds
all persons residing or sojourning in territory: Generality

29. Actual commission of crime charged is known in criminal


law as: Execution

Characteristics of Criminal Law:

GENERAL criminal law is binding on all persons who


live or sojourn in Philippine territory (art 14, New Civil
Code).

Exemptions:

As provided in treaties and laws of


preferential application.

By virtue of principles of Pubic


international law

GENERAL

Exemptions:

By virtue of principles of Pubic


international law:

Sovereigns and other chiefs


of state

Ambassadors,
ministers
plenipotentiary, ministers resident, and
charges
d
affaires,
ambassadors
extraordinary

TERRITORIAL Penal laws of the Philippines are


enforceable only within its territory

It is subject to certain exceptions by


international agreements and practice. Meaning,
penal laws may apply OUTSIDE of its
TERRITORY.

PROSPECTIVITY: It means that acts or omissions will


only be subject to a penal law if they are committed
after a penal law had already taken effect.
It is subject to certain EXCEPTIONS.
PROSPECTIVITY:
o Exceptions to Prospectivity
(new) law favorable to offender;
offender not habitual delinquent; and
no provision in (new) law against its
retroactive application.
26. Name of the clerk of court: NOT required to be stated in
order that complaint or information may be sufficient

Applicable rule: Sec. 6, Rule 110, RRCP


Sufficiency of complaint or information:

name of accused

designation of offense given by statute

acts or omissions complained of as constituting


offense

name of offended party

approximate date of commission of offense

place where offense was committed

27. R.A. 8049: Anti-Hazing Law


28. In case of corporations, the criminal action is instituted or
filed against: Officers of the corporation

CAN YOU FILE A COMPLAINT AGAINST A


JURIDICAL PERSON?

No, criminal complaint cannot lie against


juridical person. (G.R. No. 173807 April 16, 2009)

If corporation violates law, officer, through


whom corporation acts, answers criminally for his
acts.

Execution act of accomplishing some aim or


executing some order.
Participation act of sharing in activities of group.
Corpus delicti body of evidence that constitute
offense; objective proof that crime has been committed
(sometimes mistakenly thought to refer to body of
homicide victim)
In flagrante delicto Doing something reprehensible
or showing clear evidence of having done something
reprehensible

30. Effect of institution of criminal action on period of


prescription: Interrupted

Applicable rule: Sec. 1, Rule 110, RRCP


Institution of criminal action:

Interrupts running of period of prescription of


offense unless otherwise provided for in special
laws.

Rule doesnt apply to violations of


municipal ordinances and special laws
interrupted only by institution of judicial
proceedings for their investigation and
punishment,
while violations of municipal
ordinances prescribe after 2 months.

31. Judges of the


investigation

MTC:

Cannot

conduct

preliminary

Reference: A.M. No. 05-8-26-SC


Re: Amendment of Rules 112 and 114 of the Revised
Rules on Criminal Procedure by Removing the Conduct
of Preliminary Investigation from Judges of the First
Level Courts, which took effect on October 3, 2005.

32. Judgment of the MTC under the rule on summary procedure


shall: Be

Applicable rule: Sec. 21, Rule IV, Revised Rules of


Summary Procedure
Summary Procedure:

Court decides case through evidence and


affidavits presented by parties.
Criminal cases:

Violations of traffic laws, rules and regulations

Violations of the rental law

Violations of municipal or city ordinances

Offense: imprisonment not more than 6 mos,


or fine not more than P1K, or both

Damage to property thru criminal negligence


where fine is not more than P10k

33. Under the Rule on Summary Procedure, before conducting


the trial, the court shall call the parties to a: Preliminary
conference

Applicable rule: Sec. 14, Rule III, Revised Rules of


Summary Procedure
Preliminary conference

Calling of parties by court to take up:

Stipulation of facts may be entered


into

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34. During trial, amendment of complaint or information maybe


made: by leave and at the discretion of the court.

Applicable rule: Sec. 14, Rule 110, RRCP

Amendment can still be made after plea:

But in form only

With leave of court

Not causing prejudice to rights of


accused .

35. In the first form of direct assault, the aim of the offender is to
attain any of the purposes of the crimes of: Rebellion,
sedition

Applicable article: Art. 48, RPC


2 Kinds of Direct Assault (DA)
1.
Without public uprising by employing force or
intimidation to attain any of purposes of rebellion
or sedition.
2.
When, without public uprising, offender: (i)
Attacks (ii) Employs force (iii) Seriously
intimidates or seriously resists (iv) Any person in
authority or his agent (v) while engaged in
performance of official duties or on the occasion
thereof (vi) knowing him to be such.

36. Perpetuation of testimony is found in Rule: 134

Rule 132 PRESENTATION OF EVIDENCE


Rule 130 Rules of Admissibility
Rule 128 General Provisions
Rule 134 Perpetuation of Testimony

37. Non-expert may not give his opinion regarding: The


handwriting of a person which he learned to write.

Propriety of allowing accused to


plead
guilty to lesser offense may be
considered
Other matters as may be taken up
to clarify issues and to ensure speedy
disposition of case

Applicable rule: Sec. 50, Rule 130, RRE


Opinion of ordinary witnesses. The opinion of a
witness for which proper basis is given, may be received
in evidence regarding

Identity of person about whom he has


adequate knowledge;

Handwriting with which he has sufficient


familiarity; and

Mental sanity of person with whom he is


sufficiently acquainted.

39. If falsification of a genuine document is committed in order


to commit estafa, the proper crime for which the person
should be charged is: Falsification

Illness that diminishes the exercise of will power is a


mitigating circumstance.
Mitigating Circumstances:
Incomplete justifying or exempting
Under 18 yrs of age or over 70 yrs old
No intention to commit so grave a wrong as that
committed
Sufficient provocation or threat on part of offended
party immediately preceded act
Immediate vindication of a grave offense
Passion or obfuscation
Voluntary surrender/voluntary confession of guilt
Illness
Analogous circumstances

42. The method fixed by law for the apprehension and


prosecution of one who is charged with a criminal offense
and for his punishment if found guilty is: Criminal
procedure
43. Physical activities or deeds indicating the intention to
commit a particular crime is known as: overt acts

Res gestae

Latin meaning things done

rule of evidence that covers words that are so


closely associated with occurrence that words are
considered part of occurrence and as such their
report does not violate hearsay rule.

In order to admit statements as evidence part


of res gestae, element of spontaneity is critical.
Res gestae: Test of Spontaneity
time that lapsed between occurrence of act or
transaction and making of statement;
place where statement was made;

Falsification is already committed but estafa is still to be


committed.
Reference: Crimes against Public Interest, RPC
As to complexing with Estafa: Estafa cannot be
complexed with Falsification of Private document.
Reason is because both have common element which is
damage
Crime is falsification if deception cannot be committed
without falsification, i.e. falsification is committed as
means to commit estafa.
It is estafa if estafa can be committed without necessity
of falsifying document.

40. If A shot B with intent to kill him but without hitting him,
then desisted from firing again, he is: Liable for an
attempted felony.
41. Illness that diminishes the exercise of will power: NOT an
aggravating circumstance but

38. Rule based on spontaneity of statement: Res gestae

condition of declarant when he made


statement;
presence or absence of intervening events
between occurrence and statement relative
thereto;
nature and circumstances of statement itself.

Intent is a mental state, the existence of which is shown


by the overt act of a person.
Overt acts:

Are external acts which if allowed to continue


its natural course would definitely result into
felony.

It is start of criminal liability because offender


has commenced commission of offense with overt
acts.

44. Fulfillment of duty: NOT mitigating circumstance but


justifying circumstance

Fulfillment of duty is justifying circumstance.


Justifying circumstances:

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No civil liability except par. 4, Art. 11


(avoidance of evil or injury). Person civilly liable is
one benefited by act which causes damage to
another.

Accused must prove existence of justifying


circumstances.
Justifying Circumstances

Self-defense

Defense of relative

Defense of stranger

Avoidance of evil or injury

Fulfillment of duty/lawful exercise of a right or office

Obedience to lawful order


45. Penalty: Suffering undergone by one who commits a crime
46. Snatching is characterized by: Violence of persons
47. NOT an element of misprision of treason: The offender is a
foreigner

Applicable law: Art. 116, RPC


Elements of Misprision of Treason:

Offender must be owing allegiance to


government and not foreigner

He has knowledge of any conspiracy to


commit treason against government

He conceals or does not disclose and make


known same as soon as possible to governor or
fiscal of province or mayor or fiscal of city in
which he resides

48. Compulsion of an irresistible force: NOT justifying


circumstance

Compulsion of an irresistible force is an exempting


circumstance.
Exempting Circumstances

There is crime but no criminal liability, hence, no


criminal.

There is civil liability except in nos. 4 (Accident & 7


(Insuperable cause).

Accused must prove existence of exempting


circumstance

Imbecility and insanity

15 years of age and under (R.A. 9344)

Above 15 years but below 18 years of age acting


without discernment (R.A. 9344)

Accident

Compulsion of irresistible force

Impulse of uncontrollable fear


49. Under the law, principals and accomplices are liable for
light offense.

Applicable law: Art. 7 & Art. 16, RPC

Art. 7: Light felonies are punishable only


when they have been consummated, with
exception of those committed against person or
property.
Art. 16: The following are criminally liable for light
felonies:

Principals

Accomplices.

50. Corruption of minors, as a form of abuse, is punishable under


Republic Act 7610

R.A. 7610 Special Protection of Children Against


Abuse, Exploitation and Discrimination Act

R.A. 7879 Conversion of Davao Regional Institute of


Fisheries Technology into Davao del Norte State
College
R.A. 8177 Lethal Injection
R.A. 7941 Party-List System Act

51. Elements of Death Caused in Tumultuous Affray:


Several persons
Did not compose groups
Several persons quarreled and assaulted one another in
confused and tumultuous manner
Someone was killed in course of affray
Cannot be ascertained who actually killed deceased
Person or persons who inflicted serious physical
injuries or who used violence can be identified
52. Obligation imposed upon party who alleges existence of fact
or thing necessary in prosecution or defense of action to
establish it by proof is: Burden of proof

Burden of proof a.k.a. Burden of Persuasion or


Standard of Proof or Onus Probandi duty of party
alleging case to prove it.

lies w/ plaintiff

lies too w/ defendant as to his defenses &


counter-claim

Burden of Evidence a.k.a. Burden of Going Forward


duty of party to establish prima facie in his favor to
overcome prima facie case against him.
53. No complaint involving any matter within the lupon shall be
filed directly in court unless there has been a
CONFRONTATION between parties before the lupon or
pangkat.

Both terms appear once in P.D. 1508 as repealed by


R.A. 7160.
Meeting appears in Sec. 4, P.D. 1508

If he fails in his effort within fifteen (15) days


from first meeting of parties before him....
Confrontation appears in Sec. 6, P.D. 1508

No complaint, petition, action or proceeding


involving any matter within authority of Lupon as
provided in Section 2 hereof shall be filed or
instituted in court or any other government office
for adjudication unless there as been confrontation
of the parties....
Confrontation is term being used upon which question
was quoted.

54. The criminal action shall be instituted and tried in the court
of the territory where the offense was committed.

Applicable rule: Sec. 15, Rule 110, RRCP


Place where action is to be instituted:
a.
Subject to existing laws, the criminal action
shall be instituted and tried in court of municipality
or territory where offense was committed or where
any of its essential ingredients occurred.
b.
Where offense is committed in train, aircraft,
or other public or private vehicle in course of its
trip....
c.
Where offense is committed on board vessel
in course of its voyage...
d.
Crimes committed outside Philippines but
punishable under Article 2 of Revised Penal
Code....

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55. When the owner forcibly ejects his lessee for his apartment
unit, he is: Liable for grave coercion

Applicable law: Art. 286, RPC


Grave Coercion; Elements

Person prevented another from doing


something not prohibited by law, or he compelled
him to do something against his will, be it right or
wrong

Prevention or compulsion be effected by


violence, threats or intimidation

Person that restrained will and liberty of


another had no authority of law or right to do so, or,
in other words, that restraint shall not be made
under authority of law or in exercise of lawful right
Grave Coercion: violence or intimidation
Light coercion/unjust vexation: no violence or
intimidation
MELCHOR G. MADERAZO, SENIFORO
PERIDO, and VICTOR MADERAZO, JR. vs
PEOPLE OF THE PHILIPPINES (G.R. No. 165065
September 26, 2006)

56. Under RPC, illegal associations are those which are


organized for purposes: committing any of crimes
punishable under RPC or for some purpose contrary to
public morals.

60. Possession of goods, articles, items or anything of value


which has been object of thievery, or robbery is prima facie
evidence of fencing.

Applicable law: Art. 147, RPC

57. A person who fails to render assistance to someone he has


accidentally wounded or injured is liable for: Abandonment

Applicable law: Art. 275, RPC: Abandonment of person


in danger and abandonment of ones own victim
1.
Fail to render assistance to any person whom
he shall find in uninhabited place wounded or in
danger of dying, when he can render such
assistance without detriment to himself, unless such
omission shall constitute more serious offense.
2.
Fail to help or render assistance to another
whom he has accidentally wounded or injured.
3.
Found abandoned child under seven years of
age, & fail to deliver said child to authorities or to
his family, or fail to take him to safe place.

Pre-Trial means before trial. Thus, decision is out of


place.
Applicable rule: Sec.1, Rule 118

plea bargaining;

stipulation of facts;

marking for identification of evidence of


parties;

waiver of objections to admissibility of


evidence;

modification of order of trial if accused admits


charge but interposes lawful defense; and

such matters as will promote fair and


expeditious trial of criminal and civil aspects of
case.

59. Evidence of collateral facts or circumstances from which an


inference may be drawn as to the probability or improbability
of the facts in dispute is: Circumstantial
Circumstantial evidence

A.k.a. Indirect evidence

Applicable law: Sec. 5, P.D. 1612, Anti-Fencing Law


Presumption of Fencing. Mere possession of any
good, article, item, object, or anything of value which
has been subject of robbery or thievery shall be prima
facie evidence of fencing.
Prima facie:

Latin
expression meaning on
its
first
appearance, or at first sight.
Prima Facie Evidence:

Denotes evidence which, if unexplained or


uncontradicted, is sufficient to sustain proposition it
supports or to establish the facts, or to
counterbalance presumption of innocence to
warrant conviction of accused. (Salonga vs. CruzPao, 134 SCRA 438)

61. Elements of Other Forms of Trespass:


Offender enters closed premises or fenced estate of
another
Entrance is made while either of them is uninhabited
Prohibition to enter be manifest
Trespasser has not secured permission of owner or
caretaker thereof
62. Imputing to innocent person the commission of a crime
constitutes: Incriminatory machination

58. Hearing the decision: Not purpose of Pre-Trial

Proof of facts or fact from which taken singly or


collectively, existence of particular fact in issue maybe
inferred or presumed as necessary or probable
consequence.
Applies only in criminal cases
Governed under Sec. 4, Rule 133, RRE
Sufficient for conviction:
more than one circumstance
facts from which inference derived are proven
combination of all circumstances is such as to
produce conviction beyond reasonable doubt

Applicable law: Art. 363, RPC:

Acts not constituting perjury but directly


tending to cause false prosecution of another and is
limited to planting evidence

Evidence should not however consist of drug


or drug paraphernalia else act is specifically
known as Planting Evidence punished by
Dangerous Drugs Law.

63. Testimony of witness did not see suspect committing


crime: Negative.

Positive evidence witness affirms fact did or did not


occur. Ex: witness declares there was no fight which
took place.
Negative evidence witness states he did not see or
know occurrence of fact. Ex: when accused presents
witnesses who testify that accused was at their party
when crime was committed.
Denials and alibi are negative evidences.
General rule: positive evidence prevails over negative
evidence, or that positive assertion is given more
weight over plain denial.

64. No damage is caused to a third party: NOT element of


infidelity in custody of official documents

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Elements of infidelity in the custody of official


documents:

Offender is public officer;

He abstracts, destroys or conceals document or


papers;

Said document or papers should have been


entrusted to such public officer by reason of his
office;

Damage, whether serious or not, to third party


or to public interest has been caused

Offer of Evidence:

Court shall consider no evidence which has not been


formally offered. Purpose for which evidence is offered
must be specified.

Testimony = time witness is called to testify

Documentary & object = after presentation of


partys testimonial evidence

Marking of document as exhibit = not offer of


evidence; formal offer of documentary evidence is
done only when party rests its case.
Objection to Documentary Evidence:

Made at the time it is formally offered, not earlier.

At the time is synonymous to upon.

65. When do crimes punishable by arresto mayor prescribe? Five

Applicable law: Art. 90, RPC (Prescription of Crime).


Death, reclusion perpetua or reclusion temporal =
20 yrs
Other afflictive penalties = 15 yrs
Correctional penalty = 10 yrs
Arresto mayor = 5 yrs
Libel or other similar offenses = 1 yr
Oral defamation and slander by deed = 6 mos

Simple slander prescribes in 2


months

Grave slander prescribes in 6 months


Light offenses = 2 mos
Applicable law: Art. 92, RPC (Prescription of Penalty).

Death, reclusion perpetua = 20 yrs

Other afflictive penalties = 15 yrs

Correctional penalty = 10 yrs

Arresto mayor = 5 yrs

Light penalties = 1 yr.


Prescription of Crime: Start

From commission of offense or its discovery, if


commission is unknown.

Not necessary: accused is arrested.

Continuing crime cannot begin to run for


there could be no termination of continuity and
crime does not end.

Crime is discovered by (a) offended party, (b)


authorities, or (c) their agents.
Prescription of Penalty: Start

From date culprit evaded service of sentence.

Interrupted when convict:

Gives himself up

Be captured

Goes to foreign country with which


we have no extradition treaty

Commits another crime before


expiration of prescription

Kinds of Arbitrary Detention


a.
Arbitrary Detention (Proper) Art. 124,
RPC
b.
Delay in delivery of detained persons to
proper judicial authorities Art. 125, RPC
c.
Delaying release Art. 126, RPC

67. When are documentary evidences objected to? Upon their


formal offer

Applicable law: Art. 9, RPC

Grave felonies = capital punishment or


afflictive

Less grave felonies = correctional

Light felonies = arresto menor or a fine not


exceeding 200 pesos or both

69. In attempted felony, the offender never passes the subjective


phase of the offense.

Subjective phase

From time act is executed until time of last act


necessary to produce crime

Attempted stage: accused has not yet passed


subjective phase
Objective phase

portion in commission of crime where accused


has performed last act necessary to produce
intended crime and where he has no more control
over results of his acts.

Frustrated stage: accused has passed subjective


phase and is now in the objective phase

70. Slight physical injuries, a light offense, prescribes in two


months
71. To prove beyond reasonable doubt the essential elements of
the offense with which the accused is charged is on the
prosecution
72. If a duplicitous complaint or information is filed, the remedy
of the accused is to file a motion to: Quash

When Prescription (of Crime/Penalty) Not Apply

Subject goes to another country.

Philippines has no extradition treaty.

66. Delaying detention: not kind of arbitrary detention

68. When the law punishes the crime with a penalty that in its
maximum period is correctional, there exists what we call
less grave felonies.

Applicable rule: Sec. 13, Rule 110, RRCP


WHAT IS THE RULE ON DUPLICITY OF
OFFENSES?

General rule: complaint or information


must charge only one offense

Exception: when law provides only one


punishment for various offenses (complex &
compound crimes under Article 48 of RPC &
special complex crimes)
WHAT IS THE EFFECT OF THE FAILURE OF THE
ACCUSED TO OBJECT TO A DUPLICITOUS
INFORMATION?

Right is deemed waived, and he may be


convicted of as many offenses as there are charged.
WHAT IS THE REMEDY OF AN ACCUSED IN
CASE OF DUPLICITOUS OFFENSES CHARGED
AGAINST HIM?

Motion to quash

73. After recording the proceedings of a trial, the stenographer


can make a transcript thereof.

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74. By conspiracy, one may be liable for the act of the other.
75. Stop and frisk: included in allowable search and seizure
without warrant. MANALILI V. COURT OF APPEALS 280 SCRA 400
76. HOMICIDE
&
ILLEGAL
POSSESSION
OF
FIREARMS: Not correct charge.

With passage of Republic Act No. 8294 on June 6,


1997, use of unlicensed firearm in murder or homicide
is now considered, not as separate crime, but merely
special aggravating circumstance. G.R. No. 13159293. February 15, 2000.
R.A. No. 8294

"If homicide or murder is committed with use


of unlicensed firearm, such use of unlicensed
firearm shall be considered as aggravating
circumstance.

77. R.A. 8294: Illegal Possession of Firearms


78. For search to be considered incident of the arrest, it should be
made at the place where the: Arrest was effected
79. Name of the court: Not included in requirement of
complaint or information.
80. The original document is available if offeror produces it:
Not a requisite for presentation of secondary evidence.

Requisites for Presentation of Secondary Evidence:


Original document existed and duly executed,
Lost, destroyed or cannot be produced in court,
Unavailable without bad faith on part of offeror, and
If several original copies, all must be accounted for.
81. Prosecutor receiving sum of money in return for refraining to
prosecute crime where imposable penalty is Reclusion
Perpetua: Qualified bribery
Applicable law: Arts. 210, 211, 211-A, & 212, RPC

Art. 210 Direct Bribery

Agreeing to perform, or performing, in


consideration of any offer, promise, gift or present
and act constituting crime, in connection w/
performance of his official duties.

Accepting gift in consideration of execution of


act w/c does not constitute crime, in connection
with performance of his official duty.

Agreeing to refrain, or by refraining, from


doing something which is his official duty to do, in
consideration of gift or promise.

Art. 210 Direct Bribery: Elements

Offender be PO w/ scope of Art. 203

Offender accepts offer or promise or receives


gift or present by himself or thru another

Offer or promise be accepted, or gift or present


received by public officer:

to commit some crime; or

to execute act w/c does not constitute


crime, but act must be unjust

to refrain from doing something


which it is his official duty to do
Act w/c offender agrees to perform or w/c he
executes be connected w/ performance of his
official duties
Art. 211 Indirect Bribery: Elements
Offender is PO
He accepts gifts
Gifts are offered to him by reason of his office

Art. 211-A Qualified Bribery: Elements


Offender is PO or entrusted w/ law enforcement
Offender refrains from arresting or prosecuting
offender who has committed crime punishable by
RP &/or death
Offender refrains from arresting or prosecuting
offender in consideration of any promise, gift or
present
Art. 212 Corruption of Public Officials: Elements
Offender offers or promises or gives gifts or
presents to PO
Offers or promises are made or gifts or presents
given to public officer, under circumstances that
will make public officer liable for direct bribery or
indirect bribery
Art. 212 Corruption of Public Officials: Important
notes
Offender is giver or offeror
PO to be bribed not criminally liable, unless he
accepts gift or consents
Bribery usually proved by evidence acquired in
entrapment

82. Bail is a matter of discretion upon conviction by RTC of


offense not punishable by death, reclusion perpetua, or
life imprisonment
Applicable rule: Sec. 4 & 5, Rule 114, RRCP

Bail, a matter of right

Before/after conviction by MeTC, MTC,


MTCC, or MTCC

Before conviction by RTC of offense not


punishable by death, reclusion perpetua, or life
imprisonment

Bail, a matter of discretion

Upon conviction by RTC of offense not


punishable by death, reclusion perpetua, or life
imprisonment
83. The quality of evidence necessary for a court to affirm a
decision of an administrative body. It is more popularly
known as substantial evidence: Quantum of evidence
Substantial evidence:

Administrative cases or quasi-judicial bodies.

Amount of relevant evidence w/c reasonable mind might


accept as adequate to justify conclusion.

Less than preponderance of evidence


84. The robbers enter the house. Upon entering through the
window, one of the robbers stepped on and killed a child less
than 3 days old. The crime is: Robbery with homicide
Applicable law: par. 1, Art. 295, RPC

Crime defined: special complex crime.

On occasion or by reason: must be committed in


course of or because of robbery

Robbery and homicide are separate offenses: homicide


NOT committed on occasion or by reason of
robbery

Homicide all types of killing (generic term)

No robbery with infanticide


85. Acts Punishable as Frauds Against Public Treasury:
Entering into any agreement w/ any interested party
or speculator or making use of any other scheme, to
defraud govt, in dealing w/ any person w/ regard to

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furnishing supplies, making of contracts, or adjustment


or settlement of accounts relating to property or funds.
Collecting/receiving, directly/indirectly, by way of
payment/otherwise, things/objects of nature different
from that provided by law, in collection of taxes,
licenses, fees, & other imposts

Elements of Frauds against Public Treasury:

Offender be PO

Taken advantage of his office, that is, he


intervened in transaction in his official capacity

Entered into agreement w/ any interested


party/speculator/made use of any other scheme w/
regard to furnishing supplies, making of contracts,
or adjustment/settlement of accounts relating to
public property or funds

Accused had intent to defraud the govt


Elements of Illegal Exaction:

Offender is PO entrusted w/ collection of


taxes, licenses, fees & other imposts

He is guilty of acts 2, 3 & 4 (above in Acts


Punishable as Frauds Against Public Treasury)
86. The evidentiary fact (the evidence): Factum probans

Factum Probandum - refers to ultimate fact to be


proven, or proposition to be established. That, which
party wants to prove to court. E.g.: guilt or innocence;
existence of breach of contract; existence of obligation;
fact of payment; injury or damage incurred.
Factum Probans refers to evidentiary facts by w/c
factum probandum will be proved. Examples: written
contract; promissory note to prove existence of unpaid
debt.
Falsus in uno, falsus in omnibus False in one thing,
false in everything. It refers to testimony of a witness
who, if shown to have sworn falsely in one thing, may
be considered unworthy of belief as to everything he
testified.
Force majeure extraordinary events not
foreseeable/avoidable, events that could not be foreseen,
or which, though foreseen, are inevitable.

87. The existence of a valid prejudicial question may cause the


suspension of the trial
Applicable rule: Secs. 6 & 7, Rule 111, RRCP

May court motu propio order dismissal of criminal


action where there is prejudicial question to be
resolved?

No, court can only suspend criminal action


upon petition but it has no authority to order its
dismissal.

What is prejudicial question?

Prejudicial question is one based on fact


separate and distinct from crime but is so intimately
related to it that it determines guilt or innocence of
accused .

What is the rule regarding prejudicial question?


In case civil action was instituted ahead of
criminal action, same shall be suspended in
whatever stage it may be found & before
judgment is merits upon commencement of
criminal action.

Elements of Prejudicial Question

Previously filed civil action involves issue w/c


is similar or is intimately related w/ issue raised in
subsequent criminal action
Resolution of issue will determine whether
or not criminal action may proceed

88. Acts of Lasciviousness: Art. 336, RPC


Act of making physical contact w/ body of another
person for purpose of obtaining sexual gratification
other than, or w/o intention of, sexual
intercourse.
Contact may be by body of accused such as by lips,
hands, foot; or by means of any object or
instrument. In either case there must be no form of
insertion into anus, mouth or sex organ amounting
to rape through sexual abuse.

Distinguished from Attempted Rape: no intent to


have sexual intercourse w/ victim. Intent inferred
from circumstances of time, place, & occasion, or
inferred from nature of act itself.
Distinguished from Unjust Vexation: no lewd
design in unjust vexation.

If acts of lasciviousness upon a child: sexual


abuse punished under R.A. 7610 (The Child Abuse
Law) ( Olivarez vs. C.A., July 29, 2006)
Kinds of Acts of Lasciviousness
Forcible
(Article
336) if
made
under
circumstances of forcible rape, i.e through force,
threat, violation, intimidation.
Accused any person and victim male or female
Consented: (Article 339) if made under
circumstances of seduction whether simple or
qualified i.e.
victim female of chaste character
over 12 years but below 18 years, or widow
deceit or abuse of authority, abuse of confidence
or abuse of relationship
89. What is the law on lethal injection? RA 8177
90. Judgements of conviction becomes final:
a. After the lapse of 15 days from the date of
promulgation
b. When the accused expressly waives in writing his
right to appeal
c. When the appeal already filed is withdrawn from the
court
91. Revised Penal Code took effect on January 1, 1932
92. It is committed by any person who, on the high seas shall
attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize whole or part of the
cargo of said vessel, its equipment or personal belongings of
its compliment or passengers: Piracy
93. If a person possessed items, goods or anything of value and
was derived from robbery or thievery. It is a n indication of
prima facie of fencing.
94. BP 22 not a continuing crime.
95. What kind of evidence is given by a witness which states that
he did not saw/know whether a crime was committed?
Negative
96. The law creating Dangerous Drug Board in the Philippines
is: RA 6425
97. The motion for leave of court to file demurer to evidence
shall be filed within 5 days.
98. The Anti Wiretapping Law: RA 4200
99. Abortion: not physical injury
100. Those kind of evidence addressed to the senses of the
tribunal: Real

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10

101. This is record made by the stenographer: Transcript


102. Evidence of the same kind and character which tend to prove
the same proposition. This kind of evidence is called:
Cumulative
103. It is an object, testimony, document and any of its kind,
sanctioned by the Rules of Court, of ascertaining to a judicial
proceeding the truth respecting the matter of fact: Evidence
104. This kind of evidence tends to the probability or
improbability of the fact in issue: Relevant
105. What is the Law on Plunder Act? RA 7080
106. This prove the fact in issue without aid or inference: Direct
Evidence
107. If the material or paper is offered only to proved its
existence, it is: Real
108. The written confession of the accused, affidavits of witness
who have seen or having knowledge in the commission of
the killing: Documentary evidence
109. The law on Anti highway Robbery and Anti Piracy: PD
532
110. Can any person, arrest the person who evades his sentence in
prison? Yes. By citizen arrest.
111. Secured permission: not trespassing
112. Those who are not included as principal either by direct,
inducement, or indispensible cooperation, cooperate in the
execution of the crime by previous or simultaneous means:
Accomplices
113. Those who having knowledge of the commission of offense
and without having participated as principal or accomplices:
Accessories
114. Kinds of aggravating circumstances which change the nature
of an offense: Qualifying
115. What is the quantum of evidence in determining the guilt of
the accused in criminal offense is: Proof beyond reasonable
doubt
116. A buried the corpse of B who was killed by his friend Y. And
because of that it took time for the authorities to discover the
crime. What was the participation of A in the crime?
Accessories
117. It is an arrest that may be undertaken where the peace officer
while on patrol, heard burst of gunfire; and thus proceed to
investigate the matter: Warrantless arrest
118. How long the time that warrant of arrest is valid? Remain
valid and effective until it is executed or returned,
quashed, lifted, set aside or recalled.
119. If the husband killed the paramour of his wife, what is the
penalty to be imposed? Reclusion Temporal
120. Ruffians: not vagrant
121. What is the law on intellectual Property Crime? RA 8293
122. Best Evidence Rule is applicable only on: Documentary
123. The RULE is, the BEST EVIDENCE is the ORIGINAL
WRITING. This is called as: Best Evidence Rule
124. This shall be in writing, in the name of the People of the
Philippines and against all persons who appear to be
responsible for the offense involved: Complaint or
Information
125. This an written accusation filed by the prosecutor in court:
Information
126. A sworn written statement charging a person with an offense
subscribed by the offended party, any peace officer, or public
officer charge of the law violated: Complaint
127. When the offender perform all the acts of execution which
would produced the felony as a consequence but which,
nevertheless, do not produce it by reason of causes
independent in the will of the perpetrator: Frustrated felony
128. Those felonies which the law attaches the capital punishment
which in any of their periods are afflictive: Grave
129. A is having long time rivalry with B. One day when A had a
vacation in their province, B took opportunity of going to the
Nipa hut of A and he destroyed it. After damaging the Nipa

hut of A, he carried the wood, post and the other materials


and brought it to his home and later thought how the can be
of use in his house. In this illustration, what was the crime
committed by B? Theft
130. What if B destroyed the Nipa Hut of A by burning it for
purpose of defrauding or cause damage to A? Arson
131. Malicious Mischief is: Willful damaging of anothers
property for the sake of causing damage due to hate,
revenge or other evil motive.
132. Within how many days from receipt should a warrant of
arrest be executed? 10 days
133. 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: Attempted Arson
134. A person sentenced to destierro shall not be permitted to
enter the place designated nor within the radius of less than
250 but more than 25 km from the place designated.
135. A police officer perform his duty which ought not be done:
malfeasance
136. A was spurned or dejected by B, a woman. C, is the landlady
of the boarding house where B lived. C happened to be
relative of A. One day A talked to C, and C gave the
duplicate key to A. A with a duplicate key opened the room
of B and then and there raped B. In this illustration, A is
Principal direct participation
137. What is the participation C? Principal by Indispensable
cooperation
138. Accessories: not liable in light felonies
139. Who is offended party in the crime of intentional abortion?
Fetus which may be over or less than 6 months
140. Firing a gun against a house of the offended party at random,
not knowing in what part of the house the people inside were,
is only: Alarms and scandal
141. Which of the following acts punished in serious physical
injury? Administering injurious substances
142. If any person found a lost property, fail to deliver to the local
authorities or to its owner is: Theft
143. It is a legal remedy whereby a party seeks for a review by a
superior court the judgement rendered by the trial court:
Appeal
144. A person can be searched even without search warrant if is
done after a lawful: Warrantless arrest
145. How many days that Preliminary Investigation is to be
completed? 60 days
146. Animo lucrandi means: Intent to gain
147. Period of arraignment: 30 days from date of jurisdiction over
person of accused
148. Change nature of crime: Qualifying
149. RPC: Act 3815
150. Supreme Court Decision not source of criminal law
151. Demurrer to evidence: Insufficiency of evidence
152. Infanticide: time element is important
153. Alternative Circumstances: Considers nature & effects of
crime
154. Justifying: No Criminal & Civil Liability
155. Composition of syndicate: at least 2 persons
156. Crime of result: Terrorism
157. Force upon things if not to EEFECT ENTRANCE: Theft
158. Group of two or more persons collaborating confederating,
or mutually aiding one another for purposes of gain in the
commission of any crime: Syndicate
159. Serious physical Injury is qualified if it is committed: With
treachery or evident premeditation
160. Correctional penalties prescribe in: 10 years
161. The crime of libel is prescribes in: 1 year
162. Improper performance of an act which might be lawfully
done: Misfeasance
163. Battered Woman Syndrome: Justifying circumstances

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11

164. It is a definite and actual purpose to accomplish a particular


goal. It is not presumed. Its existence as a matter of fact,
must be proved by the state: Specific Intent
165. Liable for Qualified Seduction: Brother who seduced a 30
year old sister who is a widow
166. Killing of a child exactly 3 days old is: Murder
167. Within how many days from receipt should a warrant of
arrest be executed? 10
168. Illegal use of uniforms: not crime against public order
169. Prince, a civilian, noticed a heavy traffic in Claro M. Recto
Road. To ease the traffic, he started blowing his whistle and
directed the flow of traffic. Freddie, a taxi driver ignored his
stop sign. Prince approached the taxi drivers license. Prince
is liable for what crime? Usurpation of Official Function
170. X and Y are lovers. Their parents opposed their relationship
because they are close relatives. X and Y were desperately in
love with each other. They decided to kill themselves and
prove to their parents that they love each other until death do
they part. Armed with gun, X and Y shot each other. Y died
but X survived. X is liable for: Giving assistance to suicide
171. Arson: Place of crime necessary to be established.
172. Cartography: Not means to commit libel
173. Prohibitions under the new Drugs law, RA 9165: (1) No plea
bargaining, (2) No probation
174. Dwelling: crime committed in dwelling of offended party
175. Death: Totally extinguished criminal liability
176. More than three armed malefactors participate in the
commission of a crime: Band
177. A, B, C, and D, all armed with firearms went to Xs house to
kill him. After having pinpointed Xs room, all four fired
their armalite rifles and riddled the house of X with bullets it
so happened that X did not go home that night A, B, C, and
D are liable for: Malicious Mischief
178. Not accessory penalty: Public censure
179. Serious Physical Injury: if penis unintentionally cut off;
Mutilation: if penis intentionally cut off.
180. Carnapping qualified when the owner, driver or passenger of
the car is: Killed or Rape
181. Maltreatment
of
Prisoners:
overdoing
in
correction/handling of prisoner/detention of prisoner
182. Essence of coercion is: Violence or Intimidation
LAW ENFORCEMENT ADMINISTRATION
1.
2.
3.
4.
5.
6.
7.
8.
9.

10.
11.
12.
13.
14.

Father of Modern Policing System: Sir Robert Peel


Highest Rank in PNP Commissioned Officer: Director
General
Assignment of particular workers to particular task:
Specialization
Doctors of medicine, members of the bar and chaplains:
Senior inspector
Applicant passes FTP: permanent
Power to extend term of service of Chief PNP in time of war:
President
New applicant of PNP: Must be at least 21 not more than
30 years of age
PNP personnel longevity pay: 10% of their basic monthly
salaries for every 5 years of service.
Permanently and totally disabled entitled to gratuity
equivalent to one year salary and to lifetime pension
equivalent to 80% of his or her last salary
Administrative Charges to PNP: Neglect of duty,
Misconduct or malfeasance & Violation of law
Scalar principle means: Chain of command
Crime laboratory: auxiliary function
Has summary dismissal powers over the errant police
member: Chief PNP
Surveillance (use of equipment or gadgets in order to obtain
information): Technical surveillance

15. Power to issue licenses to security guard and revoke for


causes: Chief PNP
16. Entrance age requirement for Police in Indonesia: 18 years
old
17. Entrance age requirement for Australia Federal Police: 21
years old
18. Name of agency of police of Myanmar: Ministry of Home
Affairs
19. Highest rank in Myanmar Police: Police Director General
20. Equivalent rank of SPO IV of PNP in Philippine Navy is
Chief Petty Officer
21. Each employee should have only one supervisor or boss:
Unity of Command
22. Step of predicting the future or course of advance in order to
minimize any unforeseen event: Planning
23. Most expensive and most effective in search and rescue
operation: Helicopter Patrol
24. Not wearing Blue uniform: Presidential Guard
25. Additional overhang of barbed wire placed on vertical
perimeter fences upward and outward with 45 degrees angle
with 3 to 4 strands of barbed wires spaced 8 inches apart:
Top Guard
26. Kind of natural barrier: River
27. To allocate anticipated resources to meet anticipated service
demands: Police planning
28. In emergency and disaster, a kind of plan to be used is
Procedural plan
29. Security guard, after his shift, he carries his weapon going
home: Not allowed
30. Can a security guard carry a weapon not in proper uniform
while in his duty? No
31. Highly qualified police applicants such as engineers, nurses,
graduates of forensic sciences can enter in the police services
as officers through: Lateral Entry
32. Natural or manmade structures or physical devices which
capable of restricting, deterring, or delaying illegal access to
an illustration: Barrier
33. In counterintelligence, surveillance is categorized according
to the intensity and sensitivity. When there is intermittent
observation, varying in occasion, then this surveillance is
called: Loose
34. Backbone of the police service: Patrol
35. Disguise, deception and lying in wait rather than upon high
visibility patrol techniques: Decoy
36. Clandestine of operation, which consist of continuous
watching of person, place or event in order to obtain
information pertinent to investigation: Surveillance
37. Licensed of private security guard are processed and
controlled by the PNP
38. Police of Singapore: Singapore Police
39. Entrance age of Singapore police applicant is 18 years old
40. Acceptance of money or equivalent of money by a public
official for doing something he or she is under duty to do
anyway, that he or she under duty not to do, or exercise
legitimate discretion for improper use is called: Corruption
41. Clear zone of 50 feet or more should exist between the
perimeters barriers and structures within the Protected Areas
42. Fail to disseminate any order, directive or instruction:
minor offense
43. House-like structure above the perimeter barriers: Tower
guard
44. Includes bodies of waters, mountains, marshes, ravines,
deserts or other terrain that are difficult to traverse: Natural
barrier
45. Basic qualifications of a security guard is to undergo: Pre
licensing training course
46. Investigative technique in which an agent conceal his identity
for the purpose to obtain information from that target
organization is called: Undercover operation

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12

47. In code of evaluation, A as to the reliability means: Very


reliable
48. Concerns with the physical measures adopted to prevent
unauthorized access to equipment/facilities, materials and
document and safeguard them against espionage, sabotage,
damage, loss and any form stealing is called: Physical
Security
49. In intelligence function, it is called as Unfriendly
Forces: Blacklist
50. Style of leadership makes all decisions without consulting
the subordinates and closely controls work performance:
Authoritarian
51. Authority to choose, select and appoint PNP in his local
place recommended by the Provincial Director: Municipal
Mayor
52. Color coded alert on area subject to possible hazard, but none
expected is called: White
53. Type of intelligence covers tactivity devoted in destroying
effectiveness of hostile enemy activities and to protect
classified matters of organization against espionage,
subversion and sabotage is called: Counter Intelligence
54. A bar member chosen by the Integrated Bar of the
Philippines (IBP): not member of PLEB
55. List that Presidential Security Group prepared so that agency
heads can enter Malacaang Gate 7: Access List
56. Not a duty of Police Officer conducting Patrol: Issuing of
Police Clearance
57. Function of management of filing organization with right
people and right position is called: Staffing
58. Type of patrol which is high mobility of covering of greater
area specially far flank areas, quicker response time of
complaints and greater efficiency in responding emergency
calls and other called of service: Mobile Patrol
59. Stalled in street used in time of occurrence of fire: Fire
Hydrant
60. Most important personnel in police organization are those
assigned to what particular work: Patrol
61. Each group reports to individual who is part of supervisory
group that answers to higher supervisor and so on until group
of administration report to Chief Executive: Scalar Principle
62. Required age for grant of waiver of age requirement for
initial appointment to police service: Not below 20 nor over
35 years of age
63. ICPO stands for: International Criminal Police
Organization
64. A 1 evaluation: Completely reliable source information
confirmed by other sources
65. Waiver: Age, Height, Weight, Education
66. Accountable for Neglect of Duty, if he has knowledge that
crime or offense shall be committed by his subordinates, or
by others within his area of responsibility (AOR) and,
despite such knowledge, he did not take preventive or
corrective action either before, during, or immediately after
its commission: Command Responsibility
67. Powers and functions of the NAPOLCOM: Exercise
administrative control and operational supervision over
PNP
68. Accomplished by making them known; even if they no
longer present in certain location; criminals would still have
impression that they are still around and would therefore
refrain from committing an offense: Police Omnipresence
69. Hands off passive approach in dealing with subordinates:
Laissez faire
70. Name cloth sewn on right top pocket of uniform of Security
Guard is: Agency/unit
71. Aural or visual signal given by enunciator to security guard
when intruder actuates device in protected area: Protective
alarm

72. National association of all licensed security agencies and


company security forces: PADPAO
73. Not desirable qualities of Security Guards: Unsound Mind
74. Reason for revocation of Firearm License of Security
Personnel: When serial number is duplicated or using
serial number for more than one firearm
75. Security not proper uniform: Not allowed to carry firearm
76. Any security guard may search without warrant by the
following instances: Search person, firm or establishment
with which such search is required by very nature of
business of clientele.
77. Issue clearances: not duty of security guard
78. Electronic fence consisting of 3 to 5 strands of wire spaced
from 9 to 24 inches above one another which serves as
antenna,
monitor
panel,
and
electric
circuitry:
Electromagnetic Fence
79. Alarm that sounds premises and require that someone hears
alarm and calls police: Local
80. INTERPOL stands for: International Police
81. International notice used to seek arrest with view to
extradition of subjects wanted and based upon arrest warrant:
Red
82. Security lighting which turned manually or automatically
when there is suspicious entry: Standby
83. Barrier constructed by men that tend to deny access or delay
intrusion: Structural
84. How many feet of clear zone should exist between perimeter
barriers and structures within the protected areas except
when building wall constitutes part of the perimeter barrier?
50 feet
85. Electrical: not alarm detection
86. In code of evaluation, A means: Completely Reliable
87. Ability to go despite of any obstacle or difficulties:
Perseverance
88. People selected as sources of information, which would be
voluntary, or consideration of price: Asset
89. Shall abuse his authority in tyrannical, cruel, and high
handed manner: Police Brutality
90. Not promoted despite and existence of a vacancy for
continuous period of 10 retired or separated
91. Inefficiency based on poor performance for two (2)
cumulative annual rating periods: not factors for
retirement and separation
92. Maximum tenure of Chief, PNP: 4 years
93. Age required for security guard applicant: At least 18 years
of age but not more than 50 years of age
94. Use of expired license is not allowed. In case of doubt,
licenses may be verified at the: PNP, SAGSD
95. For Private Security Agency, the color of uniform is: Navy
Blue (Upper and Lower)
96. September 11, 2001 bombing: intelligence failure
97.
CRIMINALISTICS
1.
2.
3.

4.
5.

6.
7.
8.

Smooth bore firearm: Shotgun


Bore diameter of a shotgun: Gauge
Spiral grooves of barrel of firearm for purpose of imparting
gyroscopic stability to projectile to improve its accuracy:
Rifling
Gun maker: Manufacturer
Deals with temperature, volume, and pressure of gases
resulting from combustion of propellant charge in gun; it is
also deals with work performed by expansion of these gases
on gun, its cartridge, and projectile: Interior ballistic
Latin forum: Marketplace
Passage of projectile through space or air: Exterior Ballistic
Main types of firearm: Artillery and Small Arms

Run-Ons for Marathon Review by MELCON S. LAPINA, MSCrim

13

9.
10.
11.
12.

13.
14.
15.
16.
17.
18.
19.
20.

21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.

46.
47.
48.
49.
50.
51.

Bullet containing barium nitrates; sets on fire when bullet is


projected: Tracer bullet
Physician is using stethoscope, a question document
examiner is Magnifying glass
Penetration of bullet: Terminal Ballistic
Discipline of forensic science that has its primary concern
determination if bullet or slug, cartridge case or other
component was fired from particular firearm: Forensic
Ballistic
Point on first ridge formation at or directly in front or near
center of the divergence of typeline: Delta
Ten squares or blocks: Rolled Impression
Run parallel, then diverge or separate and surround or tend to
surround pattern area: Type lines
Energy at muzzle point: Muzzle energy
Lie detector: Polygraphy
Speed of bullet per unit of time: Velocity
Purpose of Post Mortem Investigation: Cause of Death
Bullet first starts forward without turning, that before bullet
can begin to turn, it moves forward small distance and this
makes front of groove in bullet wider than rear part. This
more pronounced in revolver: Skid
Brass or guiding metal cup: Primer
Means of determining cause of death: not primary use of
photography in police work
In question document examination, things whose origins are
known: Standard
Ruled or imaginary line upon which writing rest: Baseline
Simplest form of forgery is: Spurious
One complete turn equivalent to 360 degress: Pitch of
riflings
Stands of a tripod of camera: 3
Character prints right or left of its proper position is known
as: Horizontal Misalignment
Center or heart of fingerprint pattern: Core
Goes back over another writing stroke: Retracing
Collation: side by side examination
Within type lines in which appears the core, deltas and
ridges: Pattern Area
Tented Arch: T
Blood is a human or non human origin: Precipitin test
Type face becomes filled with lint, dirt, and ink: Clogged
Subconsciously left by offender at crime scene when he or
she commits crime: Fingerprint
Document being questioned as to its origin and its production
is called: Question document
Systolic blood pressure: W.M. Marston
Records changes in blood pressure: Cardiosphymograph
Records thoraric and abdominal breathings pattern of
respiration: Pneumograph
In conduct of polygraph, this is sign by the subject: Waiver
Complete circuit having two or more deltas: Whorl
Retouching or going back over defective portion of a writing
stroke can be described as: Patching
Printing surface of type block is known as: Type face
Post mortem lividity is accumulation of blood in most
dependent portion of body giving dull what particular color:
Red or purplish color
Hypostatic lividity occurs how many hours after death due to
cessation of circulation? 6 8 hours
Hours person may not be allowed smoking prior to his or her
polygraph examination: 2
Color of gunpowder nitrates with diphenylamine reagents:
Blue specks
Development of breast in female usually commence at: 12
13
General rule in taking photograph: Held at eye level
Accessory of camera used to eliminate camera movement:
Tripod

52. Art or science in application of principle of photography,


preparation of photographic evidences and application to
police work: Police Photography
53. Last photograph shot while in crime scene: Shots indicating
escape route
54. Barrel of any firearm considered as a complete firearm
55. Result of lie detectors test: Investigative leads
56. Color of gunpowder nitrates with diphenylamine reagent:
Deep blue
57. Courts of law: Forensic
58. Firearms identification & questioned document look for
individual characteristics
59. In polygraph testing, how many questions is ideal? 12
60. Legal definition of firearm includes muskets
61. Bladed weapon with sharp edges cannot cause hematoma
62. Downward movement of cardio pen caused by rest cycle of
heart: Diastolic
63. In a pot session or drugs case, the question, Do you ever
smoke? Control
64. In post mortem lividity, it involves only superficial layers of:
Skin
65. Post-Mortem Lividity: A.k.a. Cadaveric Lividity, PostMortem Suggillation, Post-Mortem Hypostasis, Livor
Mortis
66. Post-Mortem Lividity: Settling of blood in lower
(dependent) portion of body
67. Post-Mortem Lividity: Color: usual: purplish red/dullred/pink; death by carbon monoxide poisoning: bright
pink; exposure of dead body to cold/hot: bright-red
68. Post-Mortem Lividity: Cause: Blood is pulled by gravity
when heart stops
69. Post-Mortem Lividity: Time of appearance: 3-6 hrs after
death; fully developed 12 hrs
70. Exhibit shown in court for scrutiny by litigants: Hand
exhibit
71. Natural size photograph: Standard
72. Polygraph examination means detection of deception
73. Emotion of fear present on a lying subject: Fear of
exposure
74. Fingerprint pattern usually found in loops and whorls is:
Type lines
75. In firearms, individual characteristics are generally found in:
Interior surface of the gun barrel
76. Land marks caused by the lands
77. Groove marks caused by the grooves
78. Skid marks due to worn out barrel
79. Stripping marks/shaving marks due to bullet jumping
the rifling
80. Slippage marks caused by rotating resistance of bullet
upon entering rifling of breech end.
81. Male can stand more loss of blood
82. Hemorrhage - loss of blood or blood escape from
the circulatory system.
83. To be admissible, among others, it must be shown that
declarant was conscious of his impending death
84. Mission of document expert is to determine Wrote or signed
85. Photograph of evidence firearm that cannot be produced in
court: secondary evidence
86. Strong acid cannot burn completely fingerprints
87. All fingers are rolled away from body of subject except:
Thumb
88. Presence of bloodstain and semen in bed, indicative of
sexual abuse of minor
89. In photographing car involved in crime, see to it that you
record, indicate or show in the photograph its plate number
90. Good pen control is sign of forgery in guided: Hand
signature
91. You can prove that confession was voluntarily given through
presentation of: Statements
92. Bulk stock of film stored in Refrigerator

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93. Wounds which if inflicted may cause immediate death of


victim: Mortal
94. Dermal nitrate test to determine presence of gunpowder:
Nitrates
95. X-rays, ultra violet rays and infra-red rays outside of
visible rays of electromagnetic spectrum

1.

2.
3.

4 PHOTOGRAPHIC RAYS OF MODERN PHOTOGRAPHY

X-rays 1 to 30 nm

UV rays 30 to 400 nm

Visible light 400 to 700 nm

Infrared rays 700 to 1,000+ nm.


96. Obscuring of writing by superimposing ink, pencil or other
marking material: Obliterated
97. Forged document: Spurious
98. Infrared rays: Discovered by William Herschel in 18 th
Century; properties: Absorption & Reflection, Thermal
Properties, Refraction
99. Color of the ultra-violet powder in money bills when
subjected to UV lamp examination: Brilliant yellow
100. Act of finding out something which is made obscure or secret
is called Detection
101. Cadaveric spasm: stiffening of certain group of muscles;
moment of death; violent deaths due to extreme nervous
tension, or even fatigue
Quasi-Rigor Mortis

Heat Stiffening exposure to 750C: coagulation of


muscle protein (rigidity of muscles); body assuming
pugilistic attitude

Cold Stiffening frozen body; cause: solidification of


fat

Cadaveric Spasm: a.k.a. instantaneous rigor; cause:


extreme nervous tension, exhaustion & injury to nervous
system or injury to chest
Rigor Mortis:

Latin: rigor "stiffness", mortis "of death

Limbs of corpse stiff & difficult to move or manipulate

Starts: 3-6 hrs after death

Fully develops: 12 hrs after death

Gradually dissipates: 48-60 hrs after death


102. Photomicrography used especially in examination of Strokes
103. Other term for bullets are projectile and: balls
104. In polygraph testing, the subject is required to answer
questions either by: yes or no
105. Brain injury characterized by malfunctioning of brain itself is
called cerebral concussion
106. Physical illnesses that under that condition a person is unfit
for lie detectors tests: Heart condition and breathing
disorder
107. Diaphanous test - living produces red color but in dead,
color is: yellow
Topic discusses about Methods of Detecting Cessation of Heart
Action & Circulation (Solis)
a. Examination of Heart
1.
Palpation of Pulse wrist & at neck
2.
Auscultation for Heart Sound at Precordial
Area hear sound
3.
Fluoroscopic Examination seeing shadow
of heart when contracting
4.
Electrocardiograph heart beat recorded by
electrocardiograph machine
b. Examination of Peripheral Circulation

4.

5.

6.
7.

8.

Magnus Test tying ligature around base of


finger. (1) alive no blood site tied w/ ligature; (2)
dead no change in color
Opening of Small Artery (1) alive blood
jerking; (2) dead no jerking
Icards Test injection of fluorescein. (1)
alive skin: greenish-yellow discoloration; (2)
dead no discoloration
Pressure on Fingernails (1) alive paleness
on site of application of pressure; (2) dead no
change of color
Diaphanous Test fingers spread wide &
viewed thru strong light. (1) alive red; (2) dead
yellow (3) alive (anemic) yellow; (4) Alive
carbon monoxide poisoning - yellow
Application of Heat on Skin (1) alive
blister; (2) dead no blister
Palpation of Radial Pulse feeling with
fingers. (1) rhythmic pulsation of vessel; (2) dead
not pulsation
Dropping of Melted Wax dropped on
breast. (1)alive inflammatory edema (swelling) at
site of application; (2) dead no inflammatory

108. Writer uses his/her entire arm in writing: Whole arm


Four Movements of Writing:

finger movement push-and-pull movement

hand movement lateral movement

forearm movement elbow is pivot of lateral


movement

whole arm movement Ornamental


penmanship, blackboard writing, and by few writers in
making all capital letters
109. Printing heavier on one side: off its feet

Some alignment defects:

horizontal malalignment right or left of


position

vertical malalignment above or below its


position

tilted/twisted characters right or left of


slant

rebound double impression

110. Other terms for land and groove marks are rifling
111. Records respiratory movement: Pneumograph
112. Class characteristics of a 9mm Browning pistol: 6 lands, 6
grooves, right hand twist

Colt Type: 6-L-G2x


S & W Type: 5-R-G=L
Army Type: 4-R-G3x
Steyr Type: 4-R-G=L
Webley Type: 7-R-G3x
Browning Type: 6-R-G2x

113. Movement of bullet: direct, rotatory and translational


114. Photographs of suspected suicide entrance and exit wound
115. Subject will respond to all accusatory type of questions:
Guilt complex reaction
Peak of Tension Test

Given if subject not aware of details of offense

About 7 questions: 1 specific bearing of case

Specific question: details of incident w/c could not have


been to subject

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15


Truthful subject: no tension build up

Guilty subject: peak of tension


Guilt Complex Test

Given when response to relevant & control questions


similar in degree & consistency

Questions: new series of relevant questions dealing w/


real incident w/c subject could not have committed

No response to added relevant questions: deceptive to


primary issue

Similar response to real issue: no conclusion


Silent Answer Test

Subject instructed to answer w/o verbal response

Effective when subjects verbal response causes


distortion in tracing such as sniff or clearing of throat
116. In polygraph testing, emotional response of body: reaction
117. Must to photograph all visible fingerprints before lifting
same
118. Rigor mortis starts: 6

Rigor Mortis

A.k.a. Post-Mortem Rigidity, Cadaveric


Rigidity, Death Stiffening, Death Struggle of
Muscles

Starts at 3-6 hrs after death

Starts: muscles of neck & lower jaw; spreads


downwards to chest, arms, & lower limbs.

Duration: (1) temperate countries: 2-3 days;


(2) tropical countries: 24-48 hrs (cold weather), 1836 hrs during summer.

119. Plain whorl always with two (2) deltas


120. Onoscope: equipment in firearms investigation
121. Subjects sweat glands: Galvanograph section
122. Divides itself into two (2) ridges: Bifurcation
123. Simple seduction unfulfilled promise of marriage: Deceit
Qualified Seduction (Art. 337, RPC)

Ordinary Qualified Seduction

Victim: virgin over 12 yrs & under 18 yrs old

Offender:

Person in public authority

Priest

House-servant

Domestic

Guardian

Teacher

Any
person
entrusted
w/
education/custody of woman seduced

Elements:

Victim: virgin; over 12 but under 18


yrs old

Sexual intercourse

Sexual
act:
abuse
of
authority/confidence

Abuse of authority
o
Person in public
authority
o
Guardian
o
Teacher
o
Person entrusted
w/ education/custody of woman seduced

Abuse of confidence
o
Priest
o
House-servant
o
Domestics

Incestuous Qualified Seduction

Offender-victim
relationship:
blood
relationship

Victim: not necessarily virgin; under/over 18


yrs old

Penalty: higher than ordinary qualified


seduction

Elements:

Sexual act

Blood relation of victim & offender

Simple Seduction (Art. 338, RPC)


Elements:

Victim: over 12 but under 18 yrs old;


single/widow of good reputation

Sexual intercourse

Sexual act by DECEIT


DECEIT: promise of marriage

124. Determining document genuine and not altered:


Photograph with special filters, Transparent and sloping
lights, Ultraviolet and infrared lights
125. Materials which detonates or explodes when subjected to
shock or heat: Blasting cap
126. Bending of light around an object gives rise to phenomenon
called: diffraction
127. Rim diameter smaller than its body: Rebated
a.
b.
c.

rebated type smaller


rimmed type protruding
belted type protruding metal around body of
cartridge

128. Longest range of sensitivity in electromagnetic spectrum


Infrared film
129. Poisonous gas smell like rotten egg: H2S
130. Process of dissolution of tissues by digestive action of its
enzymes and bacteria resulting to liquefaction of tissues and
liberation of foul-smelling gasps: Maceration

Saponification: a.k.a. adipocere formation

fatty tissues of body soft brownish-white


substance (adipocere)

conversion of an oil or fat into a soap

Decomposition: a.k.a. rotting

process by which organic substances are


broken down into simpler forms of matter.

Taphonomy: science dealing w/ decomposition

Maceration

Softening of the tissues after death by


autolysis, especially of a stillborn fetus.
131. Entomology of cadaver, usual time for egg to be hatched into
larva is 24 hrs after death
132. Normal developing time for normally exposed film using a
D-76 developer: Five to six minutes
133. Fixing time of negative or photograph: Five to seven
minutes
134. Steel block closes the rear of the bore against the force of the
charge: Breechblock
135. Bones in adult human: 206
136. Kind of skin dry, dead & peeled away from surface skin:
Scarf skin
137. Polygraph test: Questions must all be in the form of
accusations
138. Primary purpose of pre-test interview: Prepare subject for
polygraph test

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139. Presence of Natural Variation: not forgery


140. Complete, continuous, persistent cessation of respiration,
circulation and almost all brain function of an organism:
Somatic death
141. Death due to lack of oxygen for around 3 to five minutes:
Asphyxia
142. Displacement of articular surface of bone without external
wounds: Dislocation
143. Molecular or cellular death, death of individual cells is with
in 3-6 hours
144. Visible rays react on some substances so that visible light is
reflected, phenomenon known as Fluorescence
145. Black and white photography because it produces the most
natural recording of colors: Panchromatic film
146. Prefix indicating color reversal: kodachrome
147. Determines how effectively moving object can be stopped,
that is, how sharply it can be reproduced without blurring, or
streaking in final image: Shutter speed
CDI
1. Calculated use of violence as fear, intimidation or coercion,
or threat of such violence to attain goals that are political,
religious and ideological nature: Terrorism
2. Botanical name of Marijuana is: Cannabis Sativa L.
3. Criminalistic subject is: Technological
4. Most commonly abuse drugs in the Philippines: Shabu
5. Penalty if government official or employee is found guilty
for violating one of provisions of new drugs law: Maximum
penalty
6. Act of terrorism is declared political that is often symbolic in
nature and intended to influence audience beyond immediate
victims.
7. Most important motive of setting fire: Revenge
8. Quantum of proof of administrative offense is: Substantial
evidence
9. Most devastating when exploded by terrorist: Pandaca oil
depot
10. Physical test for drunkenness: Rombergs test
11. Scientific
name
of
Ecstacy
is:
Methylenedioxymethamphetamine
12. First thing to do with evidence: Photograph it immediately
13. Al Qaeda means: Base
14. If there is biological terrorist threat, agency that is
accompanied by Law Enforcement is: DSWD
15. INTERPOL stands for: International Police
16. If you found fired bullet at crime scene, you would put your
markings at: Base
17. Method of reproduction of footprints is called: Moulage
18. Terrorism committed through use of cyberspace or computer
resources: Cyberterrorism
19. Sketch made at crime scene: Rough sketch
20. Constant temperature at which vapor pressure of liquid is
equal to atmospheric pressure: Boiling point
21. Days required to settle your case to avoid suspension or
revocation of your license: 15
22. Can you compel suspected erring driver to give sample of his
blood for test analysis to determine whether he/she is drunk?
Yes
23. Primary duty of arson prober: Probe conflagration and be
an instrument of justice
24. Lead agency in fighting illegal drugs: PDEA
25. After occurrence of fire. One of first thing to do is to look for
is: origin of fire
26. Religious fanatics including Islam fundamentalist based on
Middle East are considered fearful terrorists for reason that
they are not afraid to die
27. Three possible findings in fire investigation, these are:
accidental, undetermined and Incendiary / Intentional
28. E commerce Act of 2000: RA 8792

29. Instrument used in examining tool marks: Comparison


microscope
30. Year that PDEA goal for DRUG FREE PHILIPPINES: 2020
31. In taking close up shots or photographs of tire marks and
in order to get thread design and tire width, you have to place
beside marks: Ruler
32. Anti Money Laundering Act of 2001: RA 9160
33. Terrorism - to gain operational funds, thru kidnapping, drug
trafficking, bank robberies, and like: Criminal acts
34. In vehicle fire, possible points of origin under hood are fuel
pump, carburettor and: Wiring
35. If vehicle was burned without its radio, air horn, spare tires,
and other equipment, it indicates that fire was possibly:
Intentionally set
36. Irresistible impulse to set fire is called pyromania
37. If fire occurred in open space and with no change in wind
direction, what is normal pattern of fire: Vertical
38. Common example of providential fire: Lightning
39. ICT: Information and Communication Technology
40. Conducts anti drug operations in coordination with anti
money laundering council: PDEA
41. Corpus Delicti of crime of arson, 1) burning of house and:
criminal design of causing it
42. In DNA, this is substance whose composition had been
passed on from parents to their children: Cell
43. Dangerours Drugs Board (DDB): policy-making body
44.
CRIMINAL SOCIOLOGY
1.
2.
3.

4.

5.
6.
7.

8.

9.
10.

11.
12.
13.
14.
15.
16.

Achieve goals inspite of internal and external difficulties:


Perseverance
Born criminal is from what theory of crime causation?
Biological theory
Classical theory in criminal law provides that basis for
criminal liability is human free will and purpose of penalty
is: Retribution
This theory argues that intelligence is largely determined
genetically; that ancestry determine IQ and that low
intelligence as demonstrated by low IQ linked to behavior,
including criminal behavior: Nature theory
State of affairs requiring tact to protect integrity of person:
Delicadeza
Study of criminology in relation to physical constitution of
man is called: Criminal physical anthropology
When people find they cannot achieved valued goals through
legitimate means they experience stress and frustration,
which will turn may lead to rule violating behavior: Strain
theory
Child who is associated with people who are alcoholics and
drug addicts will most likely become like them. This is
theory of: Differential association
Number of people who share way of life as well as definite
location and some continuity: Society
Each police officer is allowed great deal of Discretion in
deciding what to do while on beat especially when
encountered citizen in conflict with laws.
Theory of criminality attributes delinquent and criminal
behavior to a conscience: Psychoanalytic
Due process: no person shall deprived of life, liberty, or
property without notice of charges
Developed the technique of applying body type to individual
delinquents: William Sheldon
Correction: legal responsibility for custody, supervision,
treatment and punishment of convicted prisoners
Family can be broken by divorce, separation, annulment or
death
Penology: study of punishment for crime or criminal
offenders

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17

17. Patriotism: manifest by love of country with pledge of


allegiance to flag and vow to defend constitution.
18. Selling illegal commodities inside prison is referred as
Hustling
19. Felony: untoward movement of person which violates the
criminal law.
20. Hence police must adhere to and internalize core values of
love of God; respect for authority, selfless and service to
people; sanctity of marriage and family life; responsible
dominion and stewardship over material things; and
Truthfulness
Six (6) Core Moral Values:
1.
2.
3.
4.
5.
6.

LOVE OF GOD
RESPECT OF AUTHORITY obedience.
SELFLESS LOVE OF PEOPLE
CHASTITY
RESPONSIBLE DOMINION OVER MATERIAL
THINGS
TRUTHFULNESS

37.
38.
39.

40.
41.
42.

43.
44.

45.

The Six (6) Core Work Values:


1.
2.
3.
4.
5.
6.

INDUSTRIOUSNESS
SENSE OF RESPONSIBILITY
ORDER (SENSE OF TIME)
COLLABORATION
DETERMINATION
SERVICE

21. Arrest: act of taking person in custody of law for purpose of


answering questions for the offense charges against him.
22. Restorative Justice: process of resolving conflicts with
maximum involvement of victim, the offender and
community for reparation, reconciliation and reintegration.
23. Heredity: Transmission of physical characteristics, mental
traits, tendency to disease from parents to offspring.
24. Criminal Justice System: orderly progression of events
from time a person is arrested, investigated, prosecuted,
sentenced, rehabilitated and eventually returned to
community.
25. Plea bargaining: agreement to obtain from judge a lighter
penalty in exchange for dependants entering guilty plea.
26. Integrity: Policeman shall not allow themselves to be victim
of corruption and dishonest practices in accordance with
provision of RA 6713 and other applicable laws.
27. Juvenile Justice and Welfare System: dealing with children
at risk, which provides child appropriate proceedings,
programs and services.
28. Discipline: keeping with rules and regulations of Philippines.
29. Obedience to superior: Policemen of lower ranks must be
always courteous and obedience to their superior officers.
30. Word of honor: policeman are adhering to policemens
word is his bond. He stands by it and commit to uphold it.
31. Psychological links criminal behavior to mental states
especially mental diseases, mental disorders, pathologies and
emotional problems.
32. Secrecy discipline: All PNP members shall guard of
classified documents and information against unauthorized
disclosure.
33. Courtesy: consideration and respect for others
34. Lead agency of government that provide custody over minor
offender is: Department of Social Welfare and
Development
35. Cesare Lombroso: Father of Criminology
36. PNP members are expected by public not to seek political
influence nor get padrino on matters pertaining to
assignment, award, training and promotion. This means that

46.
47.
48.
49.

50.

51.

52.

53.

54.

55.

56.

57.
58.
59.
60.

all PNP members are discouraged to resort to political


patronage
Passive inadequate criminal commits crime and at end they
feel guilt or conscience.
Courage does difficult and scary things inspite of fear.
Miranda Rights: words that you have to say before you can
take criminal into custody or before criminal can self
incriminate themselves.
Lawyer representing defendant in lawsuit or criminal
prosecution is Defense Attorney
Bailiff - court attendant entrusted with duties such as
maintenance of order in courtroom during trial.
This theory of criminal behavior is reflected to belief that all
of important acts of social life are carried out under
domination of example: Imitation
Study of physical evidence through laboratory work is for
Criminalistic
Wrongful appropriation, close imitation or purloining and
publication of ideas, language, thoughts of anothers author
is called as: Plagiarism
Vagrancy unlawful act of going about from place to place
by person without visible means of subsistence or support
thought able to work but refuses to do so and lives on the
charity of others and without labor.
Mens Rea criminal intent on part of offender.
Appellant party who takes appeal from one court or
jurisdiction to another.
Blue collar crime ordinary professional criminal to
maintain their livelihood.
This character explained that man is subordinate by nature
and becomes materialistic and selfish. They are interested
only in producing by themselves, especially in producing
surplus, which can be exchanged for profit: Altruistic
It is also called as operant behavior which involves cognitive
adaptation that enhances human beings ability to cope with
changes in environment and to manipulate environment:
Learned
They are person suffering from sensitivity of criticism;
defensive and often try to justify their faults; wanted always
to be praised and love appreciation; and they do not like
competition unless certain of winning of it: Inferiority
complex
Conditional release is statutory shortening of maximum
sentence prisoners serves because of good behavior while
prison: Good conduct time allowance
It is commonly believed that punishment gives lesson to
offender, that it shows other what would happen if they
violate law; and that punishment holds crime in check:
Deterrence
Defined by Edwin Sutherland as criminal acts committed by
person of respectability and high social status in course of his
or her occupation: White collar crimes
Study on nature of human being concerning his physical
needs in order to satisfy his ants. It explains that deprivation
of physical body on basic need is important determiner of
commission of crime: Physiological Approach
Any anti social act committed by a child, minor or youth
that contravenes social norms of society is Juvenile
Delinquency
When an accused is discharged as state witness, this is
equivalent to Acquittal
This personality system controls gateway to action: ego
Review, selection and specification of area to be investigated
is step in research known as: Assessment
Juveniles are not capable of committing deviant acts, and
what are considered deviant acts are deviant only by
mainstream standards, not by offenders standards: Cultural
Deviance

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18

61. Persons who violate law because they believe their actions
will ultimately benefit society are referred to as Goaloriented criminals.
62. One of first social scientists to use objective mathematical
techniques to investigate influence of social factors on
propensity to crime is: Adolphe Quetelet
63. When police takes person into custody and suspect believes
that he or she lost his or her liberty, there is what is called:
Arrest
64. Capacity of person to tolerate prolonged periods of stress and
pressure is also known as Frustration tolerance.
65. When accused is released from imprisonment on his or her
promise to return to court as required, or upon undertaking of
suitable person that he will guarantee accuseds appearance
in court: Recognizance
66. All members of PNP should act in manner that would reflect
best on PNP and live by PNPs core values: Image
67. Guilty or not guilty as response by accused to criminal
charge at arraignment is called: Plea
68. Crime is function of social conflict and economic rivalry:
Conflict
69. Stage of trial process at which indictment or information is
read in open court and accused is asked how he pleads is
known as: Arraignment
70. In accomplishing tasks assigned of them, PNP members are
required to follow procedures intended to minimize waste in
use of time, money and effort: Frugality
71. When methods are adopted with end in view of reducing
value of crime to potential criminals, there exists what is
called stimulus reduction.
72. Institution of passive and active security measures to avoid
or thwart occurrence of disaster is known in crisis
management as: Prevention
The 4P Crisis Management Model
1.
2.
3.
4.

Prediction
Prevention
Preparation
Performance

73. Commitment of police officer to service of his fellowmen


over and above his personal convenience reflects his belief in
Service to the people
74. Offenders who pursue criminal activities with vigor,
attempting to learn from older, experienced criminals
techniques that will earn them most money with least risk are
called Professional criminals.
75. NOT gauge in determining age of child and that is: Warts
76. View of criminal justice that advocates peaceful solutions
and mediation rather than coercive punishments is known as
Restorative justice perspective.
77. Institution that serves as primary social control of children is:
Family
78. Sub-area of criminology which involves research on specific
criminal types and patterns is known as criminal: Statistics
79. Perseverance: internal and external difficulties
80. Act of rendering assistance to bereaved family of PNP
member: Camaraderie
81. Edwin Sutherland: white-collar crime
82. Qualitative research: viewed as sensitizing ideas or terms
that enhances our understanding
83. Discipline: with rules and regulations of the PNP
84. Procedure used to determine truth in adjudication of guilt or
innocence in which defense is pitted against prosecution
with judge acting as arbiter of legal rules is termed as
adversarial procedure.

85. Prevention: stage in crisis management that involves


process of eliminating destabilization factors that may lead to
crisis or emergency
86. Psychology branch of science views human behavior as
being motivated by inbred biological urges and desires
87. Malfeasance: doing of act which officer has no legal right to
do at all, as where he acted without any authority or exceeds
or abuses his powers
88. Ectomorphs: (somatotype) less social and more intellectual
89. Appellate court changes part of decision of trial court but did
not reverse, it is said that judgment of lower court is
Modified
90. General deterrence: people fear being apprehended and
punished, they will not risk breaking the law
91. In understanding Juvenile behavior, vandalism is defined as
mischievous destruction to get attention, for example, or to
vent hostility.
92. Transgression of some established and infinite rule of
action, where no discretion is left except what necessity may
demand is known in police ethics as: Sin
93. Crimes committed against particular persons or members of
group merely because they share discernible racial, ethnic,
religious, or gender characteristic is known as hate crimes
94. Distorted concept of right and wrong: NOT a sign of
emotional crisis
95. Group that has short history, limited size, and little defined
territory is type of gang known as: Sporadic
96. If crime rates are consistently higher in poor neighborhood in
large urban areas, crime may: Be a function of poverty and
neighborhood decline
97. Right of child to be born commences at: Moment he was
conceived
98. Not factor that is considered prediction of delinquency:
Adequate child care
99. Bailiff: officer of court who administers formal procedures,
keeps order and announces the judges arrival
100. Parens patriae: idea that state was to act in behalf of parent
in interest of child
101. Elements of social bond theory in explaining criminality:
Commitment, Involvementm Attachment
102. Word of honor: PNP members stand by their words and
commit to uphold it.
103. Incarceration type of criminal sanction that requires
accused to serve term in prison
104. Belief that law, and therefore concept of crime, is influenced
by people who hold social power and use it to mold law to
reflect their way of thinking is referred to as Interventionist
view.
105. PNP members shall set examples of decency and morality,
shall have high regard for family life and value of marital
fidelity. This ethical standard refers to PNPs belief in: The
sanctity of marriage and family life
106. Law violating behavior occurs after offenders weigh
information on their personal needs and situational factors
involved in difficulty and risk of committing crime. Rational
choice theory
107. Person responsible for parolees activities and for providing
him or her with help in readjusting to life in community is
the: Parole officer
108. Policing strategy aimed at understanding needs of
community and working with residents to prevent crime is
referred to as community policing.
109. Paranoid schizophrenic: Psychotics whose mind set is
characterized by false mental perceptions or beliefs and
whose thinking makes no sense
110. Classification of delinquents whose activities stem from
personality disturbances instead of gang activity or slum
residence are referred to as: Maladjusted

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111. Police turn over CICL after his arrest to: DSWD
112. Illegal activities of people and institutions whose
acknowledged purpose is profit and gain through legitimate
business transactions are called Organized crimes.
113. According to routine activities theory, volume and
distribution of predatory crimes are affected by following:
Absence of capable guardians, Presence of motivated
offenders, Availability of suitable targets
114. Set of norms and standards practiced by PNP members
during social and other functions is called: Decorum
115. In Marxist Criminology, people who view criminal law and
criminal justice system solely as instrument for controlling
poor are called: Instrumentalists
116. Judicious and equitable distribution of opportunity to prove
ones worth in police service is reflective of the PNPs stand
on the issue of Equality in the service
117. Anti-social act committed by child, minor or youth in
contravention to social norms and standards of civilized
society is called: Juvenile delinquency
118. Demands of hostage-taker with an anti-social personality are:
Unrealistic
119. Criminality is function of learning process that could affect
any individual in any culture. Major premise of Differential
association theory.
120. People who reside in socially disorganized high crime areas
where they have greatest risk of coming into contact with
criminal offenders become victim prone irrespective of their
behavior and lifestyle. This statement refers to High risk
theory.
121. Criminal behavior occurs when actor/offender considers it
useful, purposeful and reasonable. This philosophy is known
as: Utilitarianism
122. Person blocked or thwarted in satisfaction of his need
experience. Frustration
123. Process by which people keep below surface of
consciousness feelings about sex and hostility is called:
Repression
124. Position that criminal law reflects broad agreement about
which kinds of behavior should be punished by state is
espoused by Consensus perspective.
125. Monitoring and support of juveniles who have been released
from custody or supervision by juvenile court: After care
126. Advocates of accused, acting as intermediaries and
counselors and represent interests of persons accused of
crime are: Private defense counsels/public attorneys
127. The term which defines crimes, dictates punishments, and
controls the procedures used to process criminal offenders
through the justice system
is known as criminal
jurisprudence
128. Victims behavior has little influence over criminal act when
he lives in area that is at high risk for crime. This refers to
Deviant place theory of victimization.
129. Hostage-taker moved by frenzy of enthusiasm in his ideas is
identified as: Fanatic
130. Term referred to when we speak of feeling or impression of
stimulus is: Sensation
131. Following are principles advanced by the classical theory: (1)
People have free will to choose criminal or conventional
behaviors. (2) People choose to commit crime for reasons
of greed or personal needs. (3) Crimes can be controlled
only by fear of criminal sanctions.
132. Crime that has no purpose except to accomplish behavior at
hand is otherwise known as an expressive crime.
133. Police officers should recognize legitimacy and authority of
government follow its leadership and obey legal orders of his
superior officers. Respect for authority

134. Offender who identifies with criminal subculture, who makes


bulk of his living from crime, and who possesses a degree of
skill in his chosen trade is otherwise known as professional
135. Biosocial theory contends that not all humans are born with
equal potential to learn and achieve. This is known as:
Equipotentiality
136. Totality of forms of anti-social behavior where youths are
involved is known as: Juvenile delinquency
137. Criminals tend to select victims who share similar
backgrounds and circumstances. View is advanced by
Lifestyle
138. Choosing variety of methods such as observation, reanalysis
of existing data, questionnaires and interviews are known in
research as data collection methods.
139. People will refrain from engaging in criminal activity
because of consequences associated with detection is
underlying basic principle of deterrence theory.
140. Obtaining thrills is a crime motivator. This view is held by
Arousal theory.
141. Juveniles commit delinquencies, but not all of them develop
into adult criminals
142. Police officers are enjoined from allowing themselves to
become victims of corruption and dishonest practices:
Integrity
143. Personality having low levels of guilt and anxiety and
violates persistently rights of others is classified in human
behavior as: Psychopath
144. Duties of parole officer do not include: Render social work
145. Not true of persons suffering from physical defects: It may
cause development of superiority complex.
146. Document required by the Prosecutors Office before it can
entertain complaint on case covered by Barangay Court:
Certificate to File Action
147. In strategic position to prevent crime and delinquency,
receives child when he is young, observes, supervises and
teaches him for many hours each week during some of his
most impressionable years: School
148. Juvenile act that when committed by adult will not result to
any prohibited or even demeanor act: Status offenses
149. Views delinquent behavior as expression of conformity to
cultural values and norms that are in opposition to those of
larger society: Cultural deviance theory
150. Focuses on development of high crime areas in which there
is disintegration of conventional values caused by rapid
industrialization, increased immigration and urbanization:
Social Disorganization Theory
151. Process of tagging, defining, segregating, emphasizing very
traits that are complained of: Labeling theory
152. Lower-class people who have no legitimate means to reach
their goals, turn to illegitimate means in desperation:
Cultural deviance theory
153. Both conforming behavior and deviancy, has two (2)
reinforcing elements: an inner control system and an outer
control system: Containment theory
154. Individualized treatment program that could include
counseling, skills training, education and other activities that
will enhance the childs well-being: Rehabilitation
Program
155. Individuals psychological, emotional, personal, financial,
economic, moral, spiritual, cultural, occupational and other
internal distress & disturbances: Internal crises
CORRECTIONS
1.
2.

Term denotes new or fresh trial when an appellate court sends


case back to lower court for new trial: Trial de novo
Volunteer Probation Aides may be appointed from among
citizens of Good repute and probity

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20

3.
4.

5.

6.

7.

8.

9.

10.

11.
12.
13.
14.
15.
16.
17.
18.

19.
20.
21.

22.

23.
24.
25.

26.
27.
28.

May be granted conditional pardon: prisoner who is sixty


years old and above
Not considered minor offense of inmate: Failing to stand at
attention and give due respect when confronted by or
reporting to any officer or member of the custodial force
Documents attached to Release Document of the parolee: (a)
Prison record (b) Name of the Parole and Probation
Officer
An advantageous result in the integration of correctional
agencies is: Better coordination of services and increased
cost-efficiency
Petition for grant of absolute or conditional pardon shall be
favorably endorsed to Board by Secretary of National
Defense if crime committed by petitioner is against national
security.
Prisoner be immediately released provided he is not recidivist
or he had not been previously convicted 3 or more times of
any crime: If he has been in jail for a period equal to or
more than the possible maximum term of punishment of
the offense he may be found guilty of
Zosimo was convicted to a prison term of prision
correccional. Will he qualify for probation? Yes, his sentence
is less than six (6) years and one (1) day
Four (4) acknowledged goals of Criminal sanction as
follows: retribution, deterrence, incapacitation and
rehabilitation.
System of key control in jail includes: An accurate listing of
all keys and receipting them
Alien parolee turned over for disposition, documentation and
appropriate order: Bureau of Immigration and Deportation
Post-Sentence Investigation Report is submitted to court
within 60-day period.
President grants absolute/conditional pardon based on the
recommendation of: Board of Pardons and Parole
Not classified as detainee: Accused person who is confined
in jail and already convicted to serve a prison term
Why is probation service analogous to parole service? Both
have similar investigation and supervision functions.
Control over probationer and probation program is exercised
by: The Court who placed him on probation
Authorizes release of detainee who has undergone preventive
imprisonment equivalent to maximum imposable sentence for
offense he is charged with? Batas Pambansa 85
Primary purpose of presentence investigation? To help the
judge in selecting the appropriate sentence of the offender
According to control theory, crime and delinquency result
when individuals bond to Society is weak and broken.
Drug user who is placed under probation may be made to
serve his sentence by court if he violates any of the
conditions of his probation
JOI Jean Sibuto confiscated white crystalline substance rolled
in a transparent sachet and she suspected it to be shabu.
What should she do first? Record the incident in the
logbook
All data gathered about probation applicant shall be treated
Confidentially
Court order revoking grant of probation not appealable?
Holds that punishment is imposed on offender to allow society
to vent its anger toward and exact vengeance upon criminal:
Retribution
Referred to as reduction of duration of prison sentence?
Commutation of sentence
Rehabilitative program: It attempts to improve a prisoners
job skills or educational achievement
There are two (2) inmates arguing over loss of some items in
their cell. You are the guard on duty. What will you do? Invite
both of them to the office and investigate the matter

29. Where to pay the amount for remittance of the victim


(probation)? Clerk of Court of the Trial Court
30. The custodial model of correctional institution focuses in
security, discipline and order.
31. Experiences of residents with crimes which are not usually
reported to the police. Victimization surveys
32. Inmates with heart diseases need to be treated with a little
more care than other inmates. DO NOT prescribe the
medicine to the heart-patient inmate
33. Classification of prisoners offense of possession of lewd or
pornographic literature and/or photographs? Less grave
offense
34. Juveniles are not capable of committing deviant acts, and
what are considered deviant acts are deviant only by
mainstream standards, not by offenders standards. This
assumption is advanced by Cultural deviance theory.
35. If people fear being apprehended and punished, they will not
risk breaking law. This view is being held by the general
deterrence theory.
36. To be eligible for grant of conditional pardon, at least one
half of minimum of his indeterminate sentence sentence
must have been served by petitioner-prisoner
37. Can apply for release under Law on Release on
Recognizance: One who is charged with an offense whose
penalty is not more than six (6) months
38. NOT objective in conduct of interview of probation applicant:
To determine his paying capacity
39. Boston bootmaker who was founder of probation in United
States? John Augustus
40. Latin word probatio Testing period
41. Sociologists look at corrections as: A total institution in
which the basic physiological needs of prisoners were to be
met away from the outside world
42. Function responsibility of prison guards? Prison security
43. Level of security facility which is usually enclosed by thick
wall about 18-25 feet high, on top are catwalks in every
corner, a tower post is manned by heavily armed guards:
Maximum security facility
44. Procedures should be observed in handling drug addicts who
are incarcerated:
a) They should be segregated especially during the
withdrawal period
b) They should be closely supervised to prevent
attempts to commit suicide or self-mutilation
c) They
should
not
be
administered
sedatives/stimulants unless prescribed by a physician
45. Aggressive, violent, quarrelsome and does not cooperate with
other inmates is referred to as Tough
46. Applicant who was granted probation reports to assigned
Probation Officer for Interview? Within seventy-two (72)
hours from his receipt of the probation order
47. Issues Certificate of Final Release and Discharge of Parolee:
Board of Pardons and Parole
48. Bringing of arrested person to police station and
administrative record of arrest is prepared. He is fingerprinted,
interrogated and placed in a line-up for identification by
witnesses. Booking
49. Discharge on Parole issued by Board to parolee, and also
issued by President of Philippines to pardonee upon Boards
recommendation: Release document
50. Body of unwritten guidelines which expresses values,
attitudes and types of behavior that older inmates demand of
younger ones: Inmate social code
51. When parolee commits infraction of terms and conditions
appearing in his Release Documents: NOT INCLUDED IN
GUIDELINES: The parolee is made to pay fine for his
infraction

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52. Censorship of inmates mails: unusual names and sentences:


Study the letter carefully and analyze the contents to
determine the real meaning of the names and sentences
53. Classical theory of criminology provides that the basis for
criminal liability is human free will
54. Crime must be considered an injury to society, and the only
rational measure of crime is the extent of injury. Cesare
Beccaria
55. Effect of grant of probation: The execution of sentence is
suspended
56. Prisoners assigned so that they can engage in producing
goods: Industrial
57. Mass jailbreak: Plug off the escape routes
58. Prison record and carpeta of petitioner for executive clemency
forwarded to Board of Pardon and Parole (BPP): Within one
(1) month from receipt of the BUCOR Director of the
request made by the BPP for the prison record and
carpeta
59. Contributes to prison violence? Inhuman prison conditions,
including overcrowding and threats of homosexual rapes
60. Factor making it difficult for released prisoner to lead straight
life? Lasting reformation must come from within and
cannot be imposed
61. Sound of first pre-arranged alarm: All inmates must be
locked up inside their respective cell
62. Agency exercises supervision over parolees: Probation and
Parole Administration
63. Judge approves or denies grant of probation based on report of
probation officer
64. Grants probation to first time offenders who are sent to prison
terms of not more than six (6) years? Presidential Decree No.
968
65. Can apply for Release on Recognizance if convicted with
offense whose penalty is: Not more than six (6) months
66. Prison administrators tool for controlling and stabilizing
prison operation? Supervision
67. Pre-release facility called Half-Way House for counseling
and therapy.
68. Greatest happiness of greater number espoused by Jeremy
Bentham: Utilitarianism
69. Prison term of prision correccional. Based on his penalty, is he
qualified for probation? Yes, his sentence is less than 6 years
and 1 day
70. Approval of application of probation: Probation Order
71. Social actions are repeated (or not repeated) as consequence
of their association in actors mind with punishing or
rewarding experiences: Operant Conditioning
72. People are law-abiding but under great pressure they will
resort to crime: Strain theory
73. Reduction of duration of prison sentence: Commutation of
sentence
74. Report on background of convict, prepared for judge to decide
on approval or denial of application of probation: PostSentence Investigation Report
75. Selling of illegal commodities inside prison or jail known:
Vending
76. Secures prisoner from escape or violence: Security
77. National Record of prisoner at New Bilibid Prison is called
Carpeta
78. Founder of Classical School of Criminological Theory:
Cesare Lombroso
79. President of Philippines grants pardon?
80. Guarantees appearance in court of defendant granted release
on recognizance? His/her ties with family, friends,
employment, etc.
81. Prisoners are awarded Good time off from their minimum or
maximum term for maintaining good behavior or participating
in various types of vocational, educational and treatment
programs.

82. Following requirements shall qualify prisoner for parole?


a. Confinement in jail or prison to serve an
indeterminate sentence
b. Maximum period exceeds one (1) year pursuant to a
final judgment of conviction
c. Service of the minimum period of said sentence less
the good conduct time allowance earned
83. Private entities paid by accused who post amount required by
the court to secure his release are called: Bondsmen
84. Accused released from imprisonment on his or her promise to
return to court as required, or upon undertaking of suitable
person that he will guarantee accused appearance in court,
there is what is called: Recognizance
85. Routine activities theory:
a. Presence of motivated offenders
b. Absence of capable guardians
c. Availability of suitable targets
86. Group with short history, limited size, and little define
territory: Sporadic
87. Correctional program which enables individual to enhance his
employability, develop his intellectual faculties, and graduate
to free existence in community living all at same time is
referred to as livelihood program
88. Rehabilitation program that provides presocial environment
within prison to help inmates develop noncriminal ways to
coping outside: Milieu therapy
Therapy and Counseling Group counseling in prison
usually tries to stimulate inmates self-awareness and their
ability to deal with everyday problems. Various innovative
psychological treatment approaches have been used in the
prison system:
Behavior Therapy uses tokens to reward conformity
and help develop positive behavior traits.
Reality Therapy is meant to help satisfy individuals
needs to feel worthwhile to themselves and others
Therapy and Counseling

Transactional Analysis encourages inmates to identify


the different aspects of their personalities and to be their own
therapists.

Milieu Therapy uses the social structure and processes


of the institution to influence the behavior patterns of
offenders. SOURCE: Siegel, L. J. (2006). Criminology.
Belmont, California, USA: Thomas Higher Education.
89. Prisoners should not be given corporal punishment nor
confined in dark cells or sweat boxes as these are: absolutely
prohibited
90. Not form part of basic principles for riot control:
Dissemination of plan to everyone
91. Whenever the transfer of inmates to another jail is effected,
the following rules shall be observed, EXCEPT
a. Notorious/disastrous prisoners being moved shall be
handcuffed
b. Before any transfer, all offenders shall be inspected and
searched for dangerous weapons or objects
c. A prisoner must be handcuffed and secured to a part
of the vehicle during transit to abort any escape plan
or self-destruction
d. When two or more prisoners are transported, each must
be secured to the other
92. Prison time is considered dead time when minutes seem to
crawl and soul grows bitter: Rehabilitation programs
93. Prisoner who is sentenced to prison term of three (3) years
and one (1) day to death, is known as: Insular Prisoner
94. How is an offender released from prison or jail?
a. After service of sentence
b. Issuance of order of the court

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c.
d.
e.
f.

Grant of parole
Grant of pardon
Grant of amnesty
Any lawful order of competent authority

95. Institution during the Golden Age of Penology in 1870 to


1880 that used parole extensively. Elmira Reformatory
96. Strip search should be conducted: Private room where it will
be out of view of others to avoid further embarrassment
97. Idea of probation first existed early in 19th century in U.S.A.

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