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POLARIS REVIEW CENTER

QUESTIONS ON
CRIMINAL LAW AND JURISPRUDENCE
1. That all persons who are staying in the country is covered by our criminal law
is what kind of characteristics
a.) Territorial
c.) General
b.) Prospective
d.) Retrospective
2. An act or omission which is contrary to what the law forbids one to do or
commands one to do is
a.) Felony
c.) Crime
b.) Offense
d.) All of them
3. The Revised Penal Code took effect on
a.) January 1, 1932
b.) January 1, 1901

c.) January 1, 1935


d.) January 1, 1919

4. The basis of criminal liability is human free will and the purpose of penalty is
retribution
a.) Positivist theory
c.) Neoclassical theory
b.) Classical theory
d.) Darwin theory
5. Crimes or offenses committed on foreign merchant vessel while on
Philippines water are triable in the country is based on
a.) French rule
c.) English rule
b.) American rule
d.) Scottish rule
6. If the felony is committed thru fault it is classified as
a.) Intentional felony
c.) Non-intentional felony
b.) Culpable felony
d.) Mistake of fact
7. If the felony is committed by means of deceit it is
a.) Intentional felony
c.) Mistake of fact
b.) Culpable felony
d.) Impossible crime
8. An act which defined as crime because of a special law
a.) Mala in se
c.) Mala prohibita
b.) Malum dictum
d.) Comprador de mala fide
9. Criminal liability is incurred by any person who
a.) Failed to do an act despite order from the Court to perform it
b.) Overdo the doing of an act which the law although the wrongful act be
different from that which is intended
c.) Through ignorance committed an act which is not punishable by law
10. An impossible crime covered only crimes against person and
a.) Chastity
c.) Moral
b.) Public Interest
d.) Property
11. A determined to kill B when the gun to be sure and then returned back to the
window and there when B passed by his house, A shot B but the gun did not fire
because A forgot to load it with stoppage. What crime if any is committed
a.) Attempted murder
c.) Frustrated homicide
b.) Consummated homicide
d.) Impossible crime

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12. What if supposed A loaded the gun to be sure and then returned back to the
window and there when B passed by shot him but gun did not fire as it stoppage.
What crime is any committed
a.) Frustrated murder
c.) Impossible crime
b.) Attempted murder
d.) Consummated homicide
13. A stabbed B in the dark believing that he was C is a case of
a.) Error in persona
c.) Aberratio actus
b.) Praeter intention
d.) Mistake of fact
14. When all elements of execution necessary for the accomplishment of an act
are present, the crime is
a.) Attempted
c.) Frustrated
b.) Consummated
d.) Preparatory act
15. When the act is commenced by overt act the crime is in
a.) Frustrated
c.) Attempted stage
b.) Preparatory stage
d.) Consummated stage
16. At an early dawn A was surprised by a policeman while in the act of molding
an opening with iron grill on the wall of the store of cheap goods while the owners
are sleeping upstairs. What is the crime committed if any
a.) Attempted robbery
c.) Attempted trespass to dwelling
b.) Consummated trespass to dwelling d.) Frustrated robbery
17. The above is an example of
a.) Impossible crime
b.) Indeterminate crime

c.) Continuing crime


d.) Flagrante delicto

18. Crimes which are punishable by death or reclusion perpetua, reclusion


temporal and prison mayor is classified as
a.) Less grave felonies
c.) Light felonies
b.) Heinous crime or felonies
d.) Grave felonies
19. When two or more persons come to an agreement concerning the
commission of a felony and decide to commit is
a.) Proposal
c.) Instigation
b.) Conspiracy
d.) Entrapment
20. It is an element of responsibility
a.) Conscience
c.) Penalty
b.) Culpability
d.) Guilt
21. A circumstances which has effect of excluding the suspect from criminal
liability is
a.) Exempting
c.) Aggravating
b.) Justify
d.) Alternative
22. A circumstance which excuses an actor from criminal liability is
a.) Aggravating
c.) Mitigating
b.) Exempting
d.) Justifying
23. Shooting an offender to be arrested after committing a crime in the presence
of the arresting officer, who refused to surrender is an example of
a.) Exempting circumstance
c.) Mitigating circumstance
b.) Justifying circumstance
d.) Alternative circumstance

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24. Circumstance which has an effect of imposing greater penalty in the
maximum period is
a.) Mitigating circumstance
c.) Aggravating circumstance
b.) Alternative circumstance
d.) Exempting circumstance
25. A Narcom agent posing as user approached a known pusher and asked for
a gram of shabu. The known pusher gave him gram of shabu for P1,500.00 then
Narcom agents appeared and arrested the pusher is an example of
a.) Instigation
c.) Entrapment
b.) Flagrante delicto
d.) Corpus delicti
26. Instigation differs from entrapment that in instigation
a.) No criminal liability
c.) With criminal liability
b.) Excuses from crime and punishment d.) Pardonable offense
27. A shot B while was sleeping is an aggravating circumstance attended with
a.) Cruelty
c.) Ignomity
b.) Treachery
d.) Superior strength
28. A and B has a boxing bout. Since A was losing, his friend Y gave him a bolo
which used by A in hacking B causing his death. What is the participation of A
a.) Principal by inducement
c.) Accessory
b.) Accomplice
d.) Principal by direct participation
29. How about Y what was his participation
a.) Principal
b.) Accomplice

c.) Accessory
d.) Nothing

30. A circumstance which can be taken as either aggravating or mitigating is


a.) Exempting
c.) Justify
b.) Mitigating
d.) Alternative
31. A person who actually committed a crime is regarded as
a.) Principal by action
c.) Principal by direct participation
b.) Accomplice
d.) Principal by inducement
32. A person who buried the corpse of the victim of his friend is a
a.) Principal
c.) Accomplice
b.) Supervisor
d.) Accessory
33. It is imposed by the judge upon conviction of the accused
a.) Judgment
c.) Pain
b.) Penalty
d.) Suffering
34. Pardon of the following officer can extinguish criminal liability
a.) Victim
c.) Accused
b.) President
d.) Judge
35. It may be granted full-time during which he was confined in jail during the
pendency of his case and now convicted if he abide by the disciplinary rules
imposed upon convicted prisoner in writing, however the same cannot be granted
to him if :
a.) Recidivist
c.) Action star
b.) Habitual offender
d.) relative of the prison official

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36. If the detention prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted prisoners, he shall be credited in the service of
his sentence
a. ) of time during which he has undergone preventive imprisonment
b.) of time during which he has undergone preventive imprisonment
c.) of time during which he has undergone preventive imprisonment
d.) 4/5 of time during which he has undergone preventive imprisonment
37. When a single act constitutes two or more grave or less grave offenses
a.) Double crime
c.) Multiple crime
b.) Numerous crime
d.) Complex crime
38. Criminal liability is extinguished by
a.) Service of sentence
b.) Amnesty

c.) Absolute pardon


d.) All of them

39. A raped Miss Y upon discovery by the police, A escaped in the mountain for
21 years. When he came down he was prosecuted but the judge dismissed his
case on the ground of
a.) He has served his sentence in the mountain
b.) Miss Y got in love with him and eloped with him to the mountain
c.) The judge is his father
d.) The crime has prescribed
40. President Ramos got pity sentence of Mr. Mando Rukot. Out of pity the
President reduced the penalty of 20 years to 19 years 11 months and 29 days.
This is an act of
a.) Good conduct allowance
c.) Pity
b.) Mercy
d.) Commutation
41. The means sanctioned by the Rules of Court in ascertaining in the judicial
proceeding the truth respecting the matter of fact
a.) Proof
c.) Evidence
b.) Procedure
d.) Judgment
42. Evidence which is viewed to the court for the latters determination
a.) Testimonial
c.) Direct
b.) Real
d.) Material
43. Considered the best evidence
a.) Primary evidence
b.) Real evidence

c.) Secondary evidence


d.) Material evidence

44. The rule provides that a witness shall testify only to the facts which he knows
by his own knowledge. This condition prohibits the presentation of
a.) Hearsay evidence
c.) False evidence or statement
b.) Untruthful facts
d.) Dying declaration
45. It is an statement of a dying person made under the consciousness of an
impending death
a.) Post-mortem statement
c.) Deadly statement
b.) Statement of a dead person
d.) Dying declaration
46. Dying declaration is applicable on the cases where it has relevance to the
death of the person who made the declaration, such as: murder, homicide and
a.) Rape
c.) Robbery
b.) Parricide
d.) Infanticide

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47.
A constitutional body tasked of investigating crimes committed by
government official in the exercise of their functions
a.) Prosecutor
c.) Fiscal
b. ) Judge
d.) Ombudsman
48. A Quasi-Court was established in order to settle criminal cases in the
barangay level
a.) Lupong Tagapayapa
c.) Municipal Trial Court
b.) Kangaroo Court
d.) None of them
49. In Indirect Assault, the victim is either person of authority or
a.) Agent of person in authority c.) Victim
b.) Suspect
d.) Complaint
50. A houseboy carted away the Refrigerator and TV set of his Boss while away
is a crime of
a.) Robbery
c.) Theft
b.) Qualified Robbery
d.) Qualified theft
51. Mr. X saw Miss Y in the plaza. Without saying any word, Mr. X embraced
and kissed in the cheek in the presence of so many people what is the crime
committed, if any
a.) Attempted rape
c.) Acts of lasciviousness
b.) Slander by deed
d.) Defamation
52. Patrolman Y barged into the house of Ben Chua, a businessman without the
latters consent against his will. What is the crime committed, if any
a.) Trespass to dwelling
c.) Violation of domicile
b.) Coercion
d.) Grave threats
53. SPO4 Mando Rugas went to the grocery of Lim Ping, a Chinese
businessman, and told the Chinese that if he would not gave him P2,000.00, he
will tell the BIR that he (Lim Ping) was hiding his real income. Out of fear as he
was really filing a false tax return, eh gave the policeman the demanded sum.
What is the crime committed, if any
a.) Grave threats
c.) Grave coercion
b.) Light threat
d.) Robbery/extortion
54. Mayor Chancez arrested Mr. Y for stealing his fighting cock and detained
him in his house for 24 hours, thereafter he turned over Mr. Y to the police. What
crime did he commit, if any
a.) No crime committed as his act was legal
b.) Illegal arrest
c.) Illegal detention
d.) Kidnapping
55. The crimes below are punishable by the Revised Penal Code. Which crime
is not bailable
a.) Attempted rape
c.) Frustrated murder
b.) Oral defamation
d.) Murder
56. Mr. Ador Estapa issued a check in favor of Miss Y after their sexual
intercourse. A check is requested by Miss Y as he needs a new dress and
shoes. When Miss Y presented a check in the bank, it was dishonored for
insufficiency of funds. What crime did Mr. Ador Estapa commit?
a.) Estafa
c.) B.P. 22
b.) Theft
d.) No crime as it is given without consideration

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57. Who is guilty of adultery
a.) Wife
b.) Paramour

c.) Husband
d.) Policeman

58. In qualified seduction, the victim is


a.) A virgin
c.) a and b are correct
b.) Under 18 years of age
d.) Over 60 years old
59. The penalty in simple seduction is
a.) Death
b.) Arresto mayor

c.) Reclusion temporal


d.) Prison correctional

60. Treason is punishable by


a.) Reclusion temporal
b.) Death

c.) Prision mayor e.) a and b


d.) Reclusion perpetua

61. When a person who is decided to commit a crime but instead proposes its
execution to another person is
a.) Conspiracy
c.) Proposal
b.) Agreement
d.) Planning
62. The act of lying on the road and refusing, despite the order of the Chief of
Police to get out therefrom is a crime of
a.) Resistance
c.) Rebellion
b.) Simple disobedience
d.) Sedition
63. Making unnecessary noise in the town plaza while many people are taking
their relaxation is a crime of
a.) Sedition
c.) Rebellion
b.) Tumultuous disturbance
d.) Alarm and scandal
64. By erasing, substituting, counterfeiting or altering by any means the figures,
letters, words or signs contained therein is a crime of
a.) Estafa
c.) Forgery
b.) Alteration
d.) None of them
65. Asking money from the traffic vendor in exchange of freedom is
a.) Extortion/robbery
c.) Bribery
b.) Malversation
d.) Corruption
66. A crime committed through negligence or imprudence is a crime committed
without
a.) Knowledge
c.) Intent
b.) Motive
d.) Fault
67. Parricide is punishable by
a.) Reclusion temporal
b.) Distierro

c.) Death
d.) Prision mayor

68. Murder is different from homicide as it was committed with


a.) A weapon
c.) The help of armed men
b.) Evident premeditation
d.) b and c are correct
69. Alevosia or treachery is common crime against
a.) Property
c.) Chastity
b.) Persons
d.) Moral
70. Rape is committed by man against a woman. It is punishable by
a.) Death
c.) Reclusion perpetua
b.) Arresto mayor
d.) a and c are correct

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71. Rape is categorized as crime against
a.) Chastity
c.) Person
b.) Property
d.) Liberty
72. The reclassification of the crime of rape which also emended R.A. 3815 is
through the enactment of
a.) R.A. 6974
c.) R.A. 8353
b.) R.A. No, 4879
d.) R.A. 7889
73. Inserting mans penis into another persons mouth or anal orifice, or any
instrument or object, into genital or anal orifice of another person is a crime of
a.) Acts of lasciviousness
c.) Rape
b.) Unjust vexation
d.) Sodomy
74. The means sanctioned by the Revised Rules of Court in ascertaining in a
judicial proceeding the truth respecting the matter of fact
a.) Proof
c.) Evidence
b.) Judgment
d.) Pleading
75. The classification evidence
a.) Real and object
b.) Documentary

c.) Testimonial
d.) All of them

76. Evidence which directly addressed to the senses of the court


a.) Real or object evidence
c.) Testimonial evidence
b.) Documentary evidence
d.) All of them evidence
77. Evidence which directly by written instruments or derived from conventional
symbols, such as letters by which ideas are represented on material substances
a.) Real or object evidence
c.) Documentary evidence
b.) Testimonial evidence
d.) None of them
78. Evidence which is submitted to the court through the testimony of witnesses
a.) Real or object
c.) Testimonial
b.) Documentary
d.) None of them
79. Evidence is admissible if the same is
a.) Relevant
c.) Through personal knowledge
b.) Competent
d.) a and b are true
80. Evidence having any value in reason as tending to prove any matter probable
in an action
a.) Material evidence
c.) Relevant evidence
b.) Direct evidence
d.) Prima facie evidence
81. Evidence which is not excluded by the Revised Rules of Court
a.) Competent evidence
c.) Direct evidence
b.) Prima facie evidence
d.) None of the above
82. An evidence which is the basis of the prosecutor in filing an information with
the court on a case under his investigation
a.) Conclusive evidence
c.) Probable cause
b.) Direct evidence
d.) None of the above
83. Considered as super evidence
a.) Judicial notice
b.) Judicial admission

c.) Legal evidence


d.) a and b are true

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84. Considered as the Best Evidence
a.) Primary evidence
c.) Secondary evidence
b.) Conclusive evidence
d.) Probable cause
85. Xerox copy of the original document is considered
a.) Secondary evidence
c.) Inadmissible evidence
b.) Illegally procured evidence d.) None of them
86. The following persons cannot be a witness
a.) Insane
c.) Infant
b.) Eye witness
d.) a and c are true
87. In the crime of rape wherein the accused is a father and the victim who died
was his daughter, who among the following persons can testify
a.) The victim
c.) Eye witness
b.) His wife
d.) b and c only
88. In marital privilege, it is a situation wherein
a.) The spouse cannot testify against his/her spouse during the existence
of marriage
b.) The spouse cannot testify against his/her spouse during or even after
the existence of marriage as to communication given to the other
during marriage which given in confidence
c.) The spouse cannot testify against his/her spouse when they are no
longer husband and wife
d.) In the case of adultery or concubinage, one cannot testify against the
other
89. Statement of fact which does not involve acknowledgment of guilt
a.) Confession
c.) Admission
b.) Sworn statement
d.) All of them
90. A categorical acknowledgment of guilt without any exculpatory statement
a.) Admission
c.) Confession
b.) Sworn statement
d.) None of them
91. When the testimony of a witness signifies that he knew the facts from other
person, it is
a.) Personal knowledge
c.) Testimonial evidence
b.) Sworn statement
d.) Hearsay
92. It is in writing in the name of the People of the Philippines against all persons
who appear to be responsible for the offense involved
a.) Complaint
c.) Information
b.) Accusation
d.) a and c are true
93. It is a sworn statement charging a person with an offense, subscribed by the
offended party, any peace officer or other public officer charged with the law
violated
a.) Information
c.) Complaint
b.) Charged
d.) Accusation
94. The quantum of evidence required for the filing of information by the
prosecutor
a.) Beyond reasonable doubt
c.) Real or object evidence
b.) Conclusive evidence
d.) Probable cause

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95. The quantum of evidence so that a judge who conducted preliminary
investigation will issue warrant of arrest for the arrest of the respondent
a.) Prima facie evidence
c.) Probable cause
b.) Conclusive evidence
d.) All of them
96. It is an inquiry or proceeding for the purpose of determining whether there is
sufficient ground to engender a well founded belief that a crime cognizable by the
RTC has been committed and that the respondent is probably guilty thereof and
should be held for trial.
a.) Trial
c.) Judgment
b.) Custodial interrogation
d.) Preliminary investigation
97. Who among the officers can conduct preliminary investigation
a.) Prosecutor
c.) Judge of MTC
b.) Police investigator
d.) a and c are true
98. The taking of a person into custody in order that he may be bound to answer
for the commission of an offense
a.) Detention
c.) Captivity
b.) Seizure
d.) Arrest
99. It is made in open court wherein the accused is informed of the charge
against him and then asked whether he is guilty or not guilty
a.) Information
c.) Arraignment
b.) Trial
d.) Preliminary investigation
100. Mr. Y is afflicted with AIDS since a year ago, which fact is known to his
beautiful wife X one night, he forced his wife to submit to his sexual urge. When
his wife, refused, he used force and finally did the sexual act to his wife. Months
later, his wife was tested to being positive to HIV. The enraged wife went to the
prosecutor to file a case against her husband. If you were the prosecutor what
will you advice to the wife?
a.) Forgive the husband, anyway they pledge to each other that they will
live as husband and wife for better or for worse
b.) Leave the husband outright and seek medical attendance
c.) File a case of Rape against her husband
d.) Leave their predicament to the mercy of the Lord
101. Mr. A, a noted playboy seduced a 16 years old girl. He was successful in
his sexual advances as the girl went along him in a hotel. But worrying that the
girl may charge him of seduction later on, what he did was just to lick the anal
orifice of the girl, inserting his tongue to girls anus to the latters delight. What
crime if any is committed?
a.)
c.) Rape
b.) Act of Lasciviousness
d.) None
102. Mr. L raped Miss M, as a result, L was charged eventually convicted to
Reclusion Perpetua. Before finality of the decision however, L and M got
married. What is the effect of marriage to the conviction of L?
a.) The sentence shall be served as marriage occurred after judgment
b.) Sentence shall be suspended until after the judge modified the
judgment from conviction to acquittal due to marriage
c.) The penalty imposed is extinguished due to marriage
d.) The marriage will be declared null and void as apparently it is a
marriage by convenience

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103. SJO1 Penida, a lesbian, ordered Miss Lina, a detainee to proceed to her
room, and while there Penida using a vibrator tucked around her waist did a
sexual act by inserting the vibrator in the reproductive organ of Miss Lina. What
is the penalty for the crime committed by Penida?
a.) Destierro
c.) Reclusion Perpetua
b.) Death
d.) Reclusion Temporal
104. Mr. Manikes forced a six years old to a sexual intercourse. In a charge of
rape in which the accused is found guilty what would be the appropriate penalty?
a.) Destierro
c.) Reclusion Perpetua
b.) Death
d.) Reclusion Temporal
105. Rape is a sexual crime or offense, being as such, it is classified as
a.) Crime Against Chastity
c.) Crime Against Honor
b.) Crime Against Person
d.) Crime Against Lust
106. Mr. X, a noted homosexual threatened a 17 years old boy of death if the
latter will not submit himself to him (X). Out of fear, the boy obliged. Mr. X did a
fellatio to the boy by licking the boys organ as if X is licking lollilop. Is there any
crime committed by X? if yes, what crime?
a.) Seduction
c.) Act of Lasciviousness
b.) Unjust Vexation
d.) Rape