a. The contents of which are the subject of inquiry b. When a document is in two or more copies executed at or about the same time, with identical contents c. Recital of its content in some other public document. d. When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction 2. When is testimonial evidence offered in court? a. After the presentation of a party’s testimonial evidence b. At the time the witness is called to testify c. After the presentation of a party’s object evidence d. None of the foregoing 3. Evidence produced by a party to oppose or disprove the evidence presented his/her opponent is referred to as______. a. Sur-rebuttal evidence b. Rebuttal evidence c. Prima facie evidence d. Corroborative evidence 4. The following are the elements of dying declaration: I. The death is imminent and the declarant is conscious of the fact. II. That the declaration refers to the cause and the surrounding circumstances of such death. III. That the declaration relates to facts which the victim is competent to testify. IV. That the injury inflicted to the declarant is not fatal. V. That the declaration is offered in a case wherein the declarant’s death is the subject of the inquiry. a. I, II, III & IV b. I, II, IV & V c. I, II, III & V d. II, III, IV & V 5. Under the Rule of Court, when is the instance when the defendant may be able to present its sur- rebuttal? a. After the defendant presented its evidence in chief b. After the defendant presented its sur-rebuttal evidence c. After the prosecution presented its evidence in chief d. After the prosecution presented its rebuttal evidence 6. Testimonial evidence must be based on _____________. a. Hearsay b. Personal Knowledge c. Probable Cause d. Common Sense 7. Evidence related to the issue by reason of common sense or logic. a. Relevant evidence b. Material evidence c. Competent evidence d. None of the above 8. Which of the following is not a secondary evidence? a. Copy of original document b. Recital of contents of document in some authentic document c. Document notarized by a notary public d. Testimony of witness 9. It is the proposition that should be established. a. Factum probans b. Factum probandum c. All of the above d. None of the above 10. The offer of compromise by the accused in criminal cases is ___________. a. Judicial Confession b. Extra-judicial Confession c. Implied Admission of Guilt d. Good Samaritan Rule 11. Which of the following is NOT an element of Res Gestae? a. There is a startling occurrence. b. The statement relates to circumstances of startling occurrence. c. The death is imminent and the declarant is conscious of that fact. d. The statement is spontaneous. 12. Which of the following is not a public document? A. written official acts or records of the official acts of the sovereign authority B. documents acknowledged before a notary public C. last wills and testaments D. public record, kept in the Philippines 13. It is an ante mortem statement made by person after mortal wound has been inflicted under belief that death is certain, stating fact concerning cause of and circumstances surrounding attack. a. Res Gestae b. Dying Declaration c. Confession d. Admission 14. In the allegation in the complaint or information, the place where the offense was committed determines the _____. a. Jurisdiction b. Venue c. Crime scene d. Territory 15. The authentication of a private document is not required if it is _______. a. 10 years old b. 15 years old c. 20 years old d. More than 30 years old 16. “Best Evidence Rule” states that in order to prove the contents of the document, the original copy must be presented. a. False b. True c. Partially true d. Partially false 17. Presumption juris et de jure is also known as _________. a. Specific presumption b. Disputable presumption c. Conclusive presumption d. Presumption of innocence 18. Presumption juris tantum is also known as ___________. a. Specific presumption b. Disputable presumption c. Conclusive presumption d. Presumption of innocence 19. Which of the following is NOT an element of dying declaration? a. The death is imminent and the declarant is conscious of that fact. b. That the declaration is offered in a case wherein the declarant’s death is the subject of the inquiry. c. That the declaration is in connection with startling occurrence or equivocal actions. d. That the declaration refers to the cause and the surrounding circumstances of such death. 20. An evidence proving the same point but of different kind. a. Cumulative evidence b. Corroborative evidence c. Direct evidence d. Prima facie evidence
21. Similar acts as evidence is known to be “Evidence of previous conduct rule”.
a. Wholly true b. Wholly false c. Partially true d. Partially false 22. It is the solemn and formal declaration or assertion that witness will tell the truth. a. Deposition b. Disposition c. Affirmation d. Negation 23. Spontaneous desistance is not an element of frustrated crime. a. Wholly false b. Wholly true c. Partially true d. Partially false 24. A statement of the declarant which relates to surrounding circumstances of his death and is an exemption to the hearsay rule. a. Post mortem statement b. Dying Declaration c. Ante-Mortem statement d. Both B and C 25. It is subject to agreement by both parties in civil case but not in criminal case. a. Venue b. Jurisdiction c. Plea Bargaining d. Both A and C 26. When can a testimony of a child of tender age be admitted in court? a. If qualification of the parent’s child as a witness is established. b. If qualification of the prosecutor as a witness is established. c. If qualification of the child as a witness is established. d. None of the above. 27. The accessory under the RPC, paragraph 1, may be charged also for violation of _____. a. Anti-Wiretapping Law b. Highway Robbery c. Anti-Fencing Law d. Anti-Red Tape Law 28. The written record of court proceedings. a. Deposition b. Disposition c. Logbook d. Transcript of Records 29. In the weight of evidence, if the state’s evidence is equal with the evidence of the accused, then _______________. a. Case shall be resolved in favor of the prosecution. b. Case shall be resolved in favor of the offended party. c. Case shall be resolved in favor of the complainant. d. Case shall be resolved in favor of the accused. 30. Who are ACCESSORIES to the crime? a. Those who take part by previous or simultaneous acts. b. Those who directly take part in the commission of the crime. c. Those who participate in the commission of the crime, without him/her, the crime would not happen. d. Those who take part subsequent to its commission. 31. A judge is not authorized to conduct preliminary investigation. a. Wholly false b. Wholly true c. Partially true d. Partially false 32. Written agreement. a. Factum probans b. Factum probandum c. Best Evidence Rule d. Parol Evidence Rule 33. Ultimate facts (ex. Crime of murder) a. Factum probans b. Factum probandum c. Best Evidence Rule d. Parol Evidence Rule 34. Evidentiary facts (ex. Knife, gun) a. Factum probans b. Factum probandum c. Best Evidence Rule d. Parol Evidence Rule 35. Original copy of the document must be presented in court. a. Factum probans b. Factum probandum c. Best Evidence Rule d. Parol Evidence Rule 36. Doing mock serenade or charivari is a crime of _____________. a. Grave scandal b. Alarms and scandals c. Rebellion d. Coup d’ etat 37. A stranger killing a child less than 3 days old is liable for __________. a. Murder b. Homicide c. Infanticide d. Parricide 38. Insanity and imbecility are kinds of ________. a. Justifying circumstances b. Exempting circumstances c. Mitigating circumstances d. Alternative circumstances 39. SITUATION: Alden committed a crime against Cardo. Cardo wants to file a case against Alden. Cardo wanted to find out which proper authorities should the case be filed. If the crime committed by Alden is punishable by Prision Mayor and was committed in Metro Manila. Where should Cardo file the case? a. Office of the City Prosecutor b. Office of the City Prosecutor for Preliminary Investigation c. Municipal Trial Court d. Barangay for Conciliation Proceedings 40. What if the crime committed by Alden is punishable by 4 years and 2 months and was committed in Metro Manila. Where should Cardo file the case? a. Office of the City Prosecutor b. Office of the City Prosecutor for Preliminary Investigation c. Municipal Trial Court d. Barangay for Conciliation Proceedings 41. What if the crime committed by Alden is punishable by 4 years and 2 months and was committed in the proving. Where should Cardo file the case? a. Office of the City Prosecutor b. Office of the City Prosecutor for Preliminary Investigation c. Municipal Trial Court d. Barangay for Conciliation Proceedings 42. What if the crime committed by Alden is punishable by not exceeding 1 year and NO warrantless arrest was made. Where should Cardo file the case? a. Office of the City Prosecutor b. Office of the City Prosecutor for Preliminary Investigation c. Municipal Trial Court d. Barangay for Conciliaition Proceedings 43. What if the crime committed by Alden is punishable by not exceeding 1 year and warrantless arrest was made. Where should Cardo file the case? a. Office of the City Prosecutor b. Office of the City Prosecutor for Preliminary Investigation c. Municipal Trial Court d. Barangay for Conciliation Proceedings 44. SITUATION: Lea is a daughter of Amor. Lea has in her possession the cellphone of Yayadub. Lea actually stole the cellphone of Yayadub. Amor sold it despite knowing it to be stolen. What is the criminal liability of Amor? a. Principal by Direct Participation b. Principal by Inducement c. Accomplice d. Accessory 45. What if Lea found the cellphone but did not return it to proper authorities. Amor sold the cellphone despite knowing it to be unreturned lost cellphone. What is the criminal liability of Amor? a. Principal by Direct Participation b. Principal by Inducement c. Accomplice d. Accessory 46. What if Amor burned the cellphone so there will be no evidence of theft. What is the criminal liability of Amor? a. Principal by Direct Participation b. Principal by Inducement c. Accomplice d. Accessory 47. What if Lea stole the cellphone; Amor, auntie of Lea, sold the cellphone to Tidora. What is the criminal liability of Amor? a. Principal by Direct Participation b. Principal by Inducement c. Accomplice d. Accessory 48. What if Lea stole the cellphone; Amor, auntie of Lea, sold the cellphone to Tidora. Tidora is liable for? a. Theft b. Robbery c. Burglary d. Anti-Fencing Law 49. SITUATION: Ador entered the house of Eduardo. Eduardo objected to the entry of Ador. If Ador is a police officer, what crime is committed? a. Trespass to dwelling b. Other trespass c. Violation of Domicile d. Illegal entry 50. What if Ador who is a police officer, running after suspect criminal, entered the house without the consent of Eduardo. What crime is committed? a. Trespass to dwelling b. Violation of domicile c. Other trespass d. No crime committed since he is in the performance of his duty 51. What if Ador, a police officer who is in hot pursuit operation, entered the house without the consent of Eduardo. What crime is committed? a. Trespass to dwelling b. Violation of domicile c. Other trespass d. No crime committed since he is in the performance of his duty 52. If Ador, a private person, entered the house without the consent of Eduardo who is the owner of the house, what crime is committed by Ador? a. Trespass to dwelling b. Violation of domicile c. Other trespass d. Illegal trespass 53. Ador, a police officer, entered the house of Eduardo through an open door. Eduardo saw him but was busy watching boxing in TV. Eduardo ignored the entry of Ador. What crime is committed by Ador? a. Trespass to dwelling b. Violation of domicile c. Illegal trespass d. No crime committed 54. Ador, a police officer, entered the house of Eduardo. Eduardo is fully aware of the entry of Ador but ignored him. Ador looked for papers and effects without Eduardo’s consent. What crime is committed by Ador? a. Trespass to dwelling b. Violation of domicile c. Illegal trespass d. No crime committed since he is in the performance of his duty 55. SITUATION: Pastillas was killed and suffered stab wounds. Cardo, an investigator, theorized the crime to be homicide. Alden is suspected to have committed the crime. Cardo recovered cal. 38 revolver at the crime scene. What is the admissibility of the cal. 38 revolver as evidence in court? a. Admissible since it is irrelevant. b. Admissible since it is relevant. c. Inadmissible since it is irrelevant. d. Depends on the discretion of the judge. 56. If the evidence gathered by Cardo at the scene of the crime is a knife, what is the admissibility of the knife as evidence in court? a. Admissible since it is irrelevant. b. Admissible since it is relevant. c. Inadmissible since it is irrelevant. d. Depends on the discretion of the judge. 57. The evidence gathered by Cardo is a cal. 38 revolver. Cardo gathered the evidence to prove that is was unlawfully possessed by Alden. What is the admissibility of the cal. 38 revolver as evidence in court? a. Admissible since it is irrelevant. b. Admissible since it is relevant. c. Admissible since it is immaterial. d. Admissible since it is material. 58. The evidence gathered by Cardo is an admission voluntarily given by Alden during investigation. However, Cardo did not inform Alden of his rights before questioning. What is the admissibility of the admission given voluntarily by Alden? a. Inadmissible since it is irrelevant. b. Inadmissible since it is immaterial. c. Inadmissible since it is material. d. Inadmissible for being incompletent. 59. The evidence gathered by Cardo is an ID Card left at the crime scene. What is the admissibility of the evidence gathered by Cardo? a. Admissible since it is irrelevant. b. Admissible since it is incompetent. c. Admissible since it is immaterial. d. Admissible since it will help in establishing the identity of the suspect. 60. Who among the following can file a complaint? a. Offended party b. Peace officer c. Public officer (law enforcer) d. All of the above 61. Which of the following is NOT an element of Malicious Mischief? a. Offender deliberately caused the damage to property of another. b. There is intent to gain. c. The damage caused did not constitute arson or crimes involving destruction. d. The damage was caused maliciously by the offender. 62. Which of the following is NOT an element of homicide? a. A person was killed and the accused killed him without any justifying circumstances. b. The killing is accompanied with any of the qualifying circumstances. c. Accused had the intention to kill which is presumed. d. The killing was not attended by any of qualifying circumstances of murder, or by that of parricide or infanticide. 63. These are facts already known or ought to be known by judges. The cognizance of matters without need of introducing evidence. a. Adjudication b. Deposition c. Judicial Notice d. Prejudicial question 64. Rebellion is not a crime against national security but a crime against _________. a. Public morals b. Public order c. Humanity d. Person 65. Malicious mischief is committed when a person INADVERTENTLY caused damage to property of another, which did not constitute arson or crimes against destruction. a. Wholly false b. Wholly true c. Partially true d. Partially false 66. Forgery is what kind of crime? a. Crime committed by public officers b. Crime against public morals c. Crime against public order d. Crime against public interest 67. For search to be considered as incident to lawful arrest, it must be made at the ___________. a. Place where the case is filed. b. Police station c. Place where the arrest was effected. d. None of the above 68. When evidence is presented to vary the terms of a written agreement, there is the application of the ___________. a. Best Evidence Rule b. Parol Evidence Rule c. Hearsay Rule d. Rules of Court 69. If agreement in writing is presented as evidence, the _____________ will apply. a. Best Evidence Rule b. Parol Evidence Rule c. Hearsay Rule d. Rules of Court 70. If the contents of documents are presented as evidence, the ___________ will apply. a. Best Evidence Rule b. Parol Evidence Rule c. Hearsay Rule d. Rules of Court 71. Rights of witness do not include right to remain silent. a. Wholly false b. Wholly true c. Partially true d. Partially false 72. Falsification is a private crime; may be prosecuted by persons other than the offended party. a. Wholly false b. Wholly true c. Partially True d. Partially False 73. Questions that are allowed to be asked to witness who is unwilling to testify. a. Misleading question b. Leading question c. Control question d. Relevant question 74. It is one who testifies on a material matter unfavorable to the party who calls him. a. Willing witness b. Voluntary witness c. Hostile witness d. Adverse witness 75. It is one who is called by or associated with the opposing party. a. Willing witness b. Voluntary witness c. Hostile witness d. Adverse witness 76. It is a science involving technical knowledge about traces of crime is known as _____________. a. Legal Medicine b. Forensic Chemistry c. Criminalistics d. Forensic Science 77. The law on coup d’ etat. a. RA 6969 b. RA 6699 c. RA 6968 d. RA 6698 78. The movement of the offender is restricted is not an aggravating circumstance. a. Wholly true b. Wholly false c. Partially true d. Partially false 79. What is co-equal to Sandiganbayan? a. Municipal Trial Court b. Regional Trial Court c. Court of Appeals d. Supreme Court 80. Premature marriage is not a crime against honor. a. Wholly true b. Wholly false c. Partially true d. Partially false 81. The things to be used for escaping are included among properties may be taken by the officer effecting the arrest. a. Wholly true b. Wholly false c. Partially true d. Partially false 82. Sexual Harassment as punished under RA 7877 is a crime against chastity. a. Wholly true b. Wholly false c. Partially true d. Partially false 83. Cohabiting with another is an element in the crime of bigamy. a. Wholly true b. Wholly false c. Partially true d. Partially false 84. In matters of form, after the accused has pleaded, amendment of the complaint or information shall be ___________. a. With leave of court b. Without leave of court c. Upon court’s discretion d. None of the above. 85. Evidence of different kind tending to prove the same point. a. Cumulative evidence b. Corroborative evidence c. Prima Facie evidence d. Direct evidence 86. Evidence of same kind tending to prove the same point. a. Cumulative evidence b. Corroborative evidence c. Prima Facie evidence d. Direct evidence 87. Evidence is given by written instrument are said to be _____________. a. Testimonial Evidence b. Documentary Evidence c. Physical Evidence d. Real Evidence 88. Evidence containing letters, words, marks, symbols, numbers, figures, or other modes of written expressions. a. Testimonial Evidence b. Documentary Evidence c. Physical Evidence d. Real Evidence 89. A characteristic of criminal law that states that penal law binds all persons residing or sojourning in the Philippine territory. a. Territoriality b. Generality c. Prospective d. Retroactive 90. The name of Clerk of Court is required to be stated in a complaint or information in order to be sufficient. a. Wholly true b. Wholly false c. Partially true d. Partially false 91. What is Republic Act 8049? a. Tobacco Regulation Act b. Anti-Child Pornography Act of 2009 c. Anti-Trafficking in Persons Act d. Anti-Hazing Law 92. In case of corporations, the criminal action is instituted or filed against __________. a. Investors b. Employees c. Stakeholders d. Officers of the Corporation 93. Actual commission of crime charged is known in criminal law as ____________. a. Attempt b. Execution c. Overt acts d. Covert acts 94. What is the effect of institution of criminal action on period of prescription? a. Stopped b. Finished c. Eliminated d. Interrupted 95. An exemption to the hearsay rule based on spontaneity of statement. a. Dying declaration b. Ante-Mortem statement c. Res Gestae d. None of the foregoing 96. If falsification of a genuine document is committed in order to commit estafa, the proper crime for which the person to be charged is ____________. a. Forgery b. Estafa c. Swindling d. Falsification 97. A shot B with intent to kill but without hitting him, then desisted from firing again. A is liable for ___________. a. Frustrated felony b. Consummated felony c. Attempted felony d. Both A and B 98. What kind of circumstance is an illness that diminishes the exercise of will power? a. Justifying circumstance b. Exempting circumstance c. Alternative circumstance d. Mitigating circumstance 99. It is 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. a. Rules of Court b. Criminal Evidence c. Criminal Procedure d. Criminal Law 100. Physical activities or deeds indicating the intention to commit a particular crime is known as ___________ a. Covert acts b. Overt acts c. Execution d. Conspiracy 101. What kind of circumstance is “fulfillment of official duty”? a. Mitigating circumstance b. Justifying circumstance c. Alternative circumstance d. Exempting circumstance 102. It is the suffering undergone by one who commits a crime. a. Imprisonment b. Punishment c. Penalty d. None of the above 103. Snatching is characterized by ____________. a. Force upon things b. Violence against persons c. Intent to kill d. None of the above 104. The offender is a foreigner is NOT an element of misprision of treason. a. Wholly false b. Wholly true c. Partially true d. Partially false 105. 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. a. Wholly false b. Wholly true c. Partially true d. Partially false 106. The criminal action shall be instituted and tried in the court of the territory where the offense was committed. a. Wholly false b. Wholly true c. Partially true d. Partially false 107. When the owner forcibly ejects his lessee for his apartment unit, he is liable for ____________. a. Extortion b. Expulsion c. Grave coercion d. None of the above 108. Under Revised Penal Code, ______________ are those which are organized for purposes of committing any of crimes under Revised Penal Code or for some purpose contrary to public morals. a. Illegal assembly b. Illegal corporations c. Illegal associations d. None of the foregoing 109. A person who fails to render assistance to someone he has accidentally wounded or injured is liable for ____________. a. Reckless imprudence b. Reckless negligence c. Abandonment d. None of the above 110. Hearing the decision is a purpose of pre-trial. a. Wholly false b. Wholly true c. Partially true d. Partially false 111. 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 ___. a. Corroborative evidence b. Cumulative evidence c. Prima facie evidence d. Circumstantial evidence 112. Possession of goods, articles, items or anything of value which has been object of thievery, robbery, is __________ of fencing. a. Corroborative evidence b. Cumulative evidence c. Prima facie evidence d. Circumstantial evidence 113. Imputing to innocent person the commission of a crime constitutes _____. a. Frame up b. Incrimination c. Incriminatory machination d. None of the above 114. Testimony of a witness wherein he/she did not see suspect committing crime. a. Positive b. Negative c. Incriminatory d. None of the above 115. No damage is caused to a third party is not an element of infidelity in custody of official documents. a. Wholly true b. Wholly false c. Partially true d. Partially false 116. When do crimes punishable by arresto mayor prescribe? a. 1 year b. 3 years c. 5 years d. 10 years 117. Delaying detention is a kind of arbitrary detention. a. Wholly false b. Wholly true c. Partially false d. Partially true 118. When are documentary evidence objected to? a. Upon their formal offer b. Upon their informal offer c. Both A and B d. None of the above 119. When the law punishes the crime with a penalty that in its maximum period is correctional, there exists what we call _______. a. Light offenses b. Less grave felonies c. Grave felonies d. Capital offenses 120. In attempted felony, the offender never passes the subjective phase of the offense. a. Wholly false b. Wholly true c. Partially false d. Partially true 121. By conspiracy and participation, one may be liable for the act of the other. a. Wholly true b. Wholly false c. Partially true d. Partially false 122. Slight physical injury, a light offense, prescribes in _____________. a. 1 month b. 2 months c. 3 months d. 4 months 123. To prove proof beyond reasonable doubt, the essential elements of the offense with which the accused is charged is on the ________. a. Defendant b. Prosecution c. Court d. Victim 124. If a duplicitous complaint or information is filed, the remedy of the accused is to file a ____________. a. Motion for demurrer of evidence b. Motion to quash c. Motion for reconsideration d. None of the above 125. After recording the proceedings of a trial, the stenographer can make a _________ thereof. a. Copy b. Photocopy c. Transcript d. None of the above 126. Included in allowable search and seizure without warrant with an example of a famous case entitled Manalili vs. Court of Appeals – 280 SCRA 400. a. Search incidental to lawful arrest b. Consented search c. Stop and risk d. Search in plain view 127. Homicide and illegal possession of firearms is not a correct charge. a. Wholly true b. Wholly false c. Partially true d. Partially false 128. RA 8294 punishes ___________. a. Illegal logging b. Illegal associations c. Illegal possession of firearms d. Human trafficking 129. For search to be considered incidental to lawful arrest, it should be made at the place where the ___________. a. Search was made b. Seizure mas made c. Arrest mas effected d. None of the above 130. The name of the court is NOT included in requirement of complaint or information. a. Wholly true b. Wholly false c. Partially true d. Partially false 131. The original document is available if offeror produces it is NOT a requisite for presentation of secondary evidence. a. Wholly true b. Wholly false c. Partially true d. Partially false 132. Prosecutor receiving sum of money and in return, refrain to prosecute crime where imposable penalty is reclusion perpetua is liable for _________________. a. Bribery b. Direct Bribery c. Indirect bribery d. Qualified bribery 133. Bail is a matter of discretion upon conviction by RTC offense NOT punishable by death, reclusion perpetua or life imprisonment. a. Wholly true b. Wholly false c. Partially true d. Partially false 134. The quality of evidence necessary for a court to affirm a decision of an administrative body. It is popularly known as substantive evidence. a. Proof beyond reasonable doubt b. Sufficiency of evidence c. Probable cause d. Quantum of evidence 135. The robbers enter the house. Upon entering through the window and get money from the drawer, one of the robbers stepped on and killed a child less than 3 days old. What is the crime committed? a. Robbery b. Murder c. Infanticide d. Robbery with homicide 136. The existence of a valid prejudicial question may cause the suspension of the trial. a. Wholly true b. Wholly false c. Partially true d. Partially false 137. What is the law on lethal injection? a. RA 7659 b. RA 8077 c. RA 8177 d. RA 6759 138. Revised Penal Code took effect on _________. a. December 30, 1930 b. December 30, 1932 c. January 01, 1932 d. January 01, 1930 139. 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 who or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers. a. Mutiny b. Qualified piracy c. Piracy d. Coup d’ etat 140. If a person possessed items, goods, or anything of value and was derived from robbery or thievery. It is an indication of prima facie of ___________. a. Robbery b. Theft c. Fencing d. None of the above 141. BP 22 is NOT a continuing crime. a. Wholly false b. Wholly true c. Partially false d. Partially true 142. What kind of evidence is given by a witness who states that he did not see/know whether a crime was committed? a. Affirmative b. Positive c. Negative d. Both A and B 143. What law created Dangerous Drug Board in the Philippines? a. RA 9165 b. RA 10883 c. RA 6425 d. RA 7659 144. The motion for leave of court to file demurrer to evidence shall be filed within _____. a. 3 days b. 5 days c. 10 days d. 15 days 145. Also known as Anti-Wiretapping Law. a. RA 4364 b. RA 4200 c. BP 22 d. RA 4201 146. Abortion is not physical injury. a. Wholly false b. Wholly true c. Partially true d. Partially false 147. Evidence addressed to the senses of the tribunal. a. Documentary evidence b. Testimonial Evidence c. Hearsay Evidence d. Real Evidence 148. This is the record made by the stenographer. a. Logbook b. Photocopy c. Genuine copy d. Transcript 149. Evidence of the same kind and character which tend to prove the same proposition. This kind of evidence is called ___. a. Prima facie evidence b. Conclusive evidence c. Corroborative evidence d. Cumulative evidence 150. It is an object, testimony, document and any of its kind, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting the matter of fact. a. Prima facie evidence b. Corroborative evidence c. Cumulative evidence d. Evidence 151. This kind of evidence tends to the probability or improbability of the fact in issue. a. Material evidence b. Competent evidence c. Cumulative evidence d. Relevant evidence 152. What is the law on plunder? a. RA 4200 b. RA 8177 c. RA 7659 d. RA 7080 153. This proves the fact in issue without aid or inference. a. Prima facie evidence b. Conclusive evidence c. Primary evidence d. Direct evidence 154. If the material or paper is offered only to prove is existence, what kind of evidence is it? a. Documentary evidence b. Testimonial evidence c. Expert evidence d. Real evidence 155. The written confession of the accused, affidavits, of witness who have seen or having knowledge in the commission of the killing. a. Documentary evidence b. Testimonial evidence c. Expert evidence d. Real evidence 156. The law on Anti-Highway Robbery and Anti-Piracy. a. PD 1699 b. BP 22 c. RA 4200 d. PD 732 157. Can any person arrests the person who evades his sentence in prison? a. No, he must apply for a warrant of arrest. b. No, because it is against the law. c. Yes, if he has a warrant of arrest. d. Yes, by virtue of citizen’s arrest. 158. If the person secured permission of his entry to another person’s dwelling, he is liable for trespass to dwelling. a. Wholly false b. Wholly true c. Partially true d. Partially false 159. Those who are not included as principal by direct participation, inducement or indispensable cooperation, cooperate in the execution of the crime by previous or simultaneous acts. a. Principals by inducement b. Principals by direct participation c. Accessories d. Accomplices 160. Those who having knowledge of the commission of offense and without having participated as principals or accomplices. a. Principals by inducement b. Principals by direct participation c. Accessories d. Accomplices 161. Kind of aggravating circumstances which change the nature of an offense. a. Specific b. Generic c. Qualifying d. None of the above 162. What is the quantum of evidence in determining guilt of the accused in criminal cases? a. Proof beyond reasonable doubt b. Preponderance of evidence c. Substantial evidence d. Probable cause 163. What is the quantum of evidence needed to obtain decision in civil cases? a. Proof beyond reasonable doubt b. Preponderance of evidence c. Substantial evidence d. Probable cause 164. What is the quantum of evidence needed in administrative proceedings? a. Proof beyond reasonable doubt b. Preponderance of evidence c. Substantial evidence d. Probable cause 165. What is the quantum of evidence needed in preliminary investigation? a. Proof beyond reasonable doubt b. Preponderance of evidence c. Substantial evidence d. Probable cause 166. 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? a. Principal by direct participation b. Principal by indispensable cooperation c. Accomplice d. Accessory 167. 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. a. Warrant of arrest b. Warrantless arrest c. Both A and B d. All of the above 168. How long the time that warrant of arrest is valid? a. 5 days b. 15 days c. 10 days d. Remain valid and effective until it is executed or returned, quashed, lifted, set aside or recalled. 169. If the husband killed the paramour of his wife, what is the penalty to be imposed? a. Reclusion Perpetua b. Reclusion Temporal c. Prision Mayor d. Life Imprisonment 170. Ruffians are not vagrants. a. Wholly true b. Wholly false c. Partially true d. Partially false 171. What is the law on intellectual property crime? a. RA 8923 b. RA 9283 c. RA 9382 d. RA 8293 172. Best Evidence Rule is applicable only in ___________. a. Testimonial Evidence b. Real Evidence c. Physical evidence d. Documentary evidence 173. The rule that states that the original contents of the document must be presented in court. a. Parol Evidence Rule b. Hearsay Rule c. Both A and B d. Best Evidence Rule 174. 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. a. Warrant of arrest b. Search Warrant c. Warrant d. Complaint or information 175. This is a written accusation filed by the prosecutor in court. a. Complaint b. Warrant of arrest c. Search warrant d. Information 176. 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. a. Complaint b. Warrant of arrest c. Search warrant d. Information 177. It is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. a. Complaint b. Warrant of arrest c. Search warrant d. Information 178. It is an order in writing, issued in the name of the People of the Philippines, signed by the judge, and directed to a peace officer, commanding him to bring the person into custody in order that he may be bound to answer for the commission of an offense. a. Complaint b. Warrant of Arrest c. Search Warrant d. Information 179. Those felonies which the law attaches the capital punishment which in any of their periods are afflictive. a. Light felonies b. Less grave felonies c. Grave felonies d. All of the above 180. When an offender perform all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent in the will of the perpetrator. a. Attempted Felony b. Frustrated felony c. Consummated felony d. All of the above 181. 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 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 that can be used in his house. In this illustration, what was the crime committed by B? a. Malicious mischief b. Reckless imprudence resulting to damage to property c. Theft d. Robbery 182. What if B destroyed the Nipa Hut of A by burning it for purpose of defrauding or cause damage to A? a. Malicious mischief b. Reckless imprudence resulting to damage to property c. Theft d. Arson 183. It is the willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive. a. Malicious mischief b. Reckless imprudence resulting to damage to property c. Theft d. Arson 184. Within how many days from receipt should warrant of arrest be executed? a. 5 days b. 10 days c. 15 days d. 20 days 185. A suspected arsonist was caught. Evidence showed that he poured gasoline under the house of another and was about to strike the match to set the house on fire when he was apprehended. What is the crime committed? a. Arson b. Consummated Arson c. Attempted Arson d. Frustrated Arson 186. A person sentenced to destierro shall not be permitted to enter the place designated nor within the radius of _____________ from the place designated. a. Less than 150 but more than 15 km b. Less than 200 but more than 20 km c. Less than 250 but more than 25 km d. Less than 300 but more than 30 km 187. A police officer performs his duty which ought NOT to be done. a. Misfeasance b. Nonfeasance c. Malfeasance d. Incompetence 188. A police officer performs his duty with irregularities. a. Misfeasance b. Nonfeasance c. Malfeasance d. Incompetence 189. A police officer neglects his duty which ought to be done. a. Misfeasance b. Nonfeasance c. Malfeasance d. Incompetence 190. 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 liable as _________. a. Principal by indispensable cooperation b. Principal by direct participation c. Principal by inducement d. Accomplice 191. What is the participation of C? a. Principal by indispensable cooperation b. Principal by direct participation c. Principal by inducement d. Accomplice 192. Accessories are not liable in light felonies. a. Wholly false b. Wholly true c. Partially false d. Partially true 193. Who is offended party in the crime of intentional abortion? a. Mother b. Father c. Parents d. Fetus which may be over or less than 6 months 194. Firing a gun against a house of the offended party at random, not knowing in what part of the house the people inside were. a. Grave scandal b. Grave threat c. Illegal Discharge of Firearms d. Alarms and Scandal 195. Which of the following acts is punished in serious physical injury? a. Mayhem b. Mutilation c. Castration d. Administering injurious substances 196. If any person found a lost property, fail to deliver to the local authorities or it its owner is liable for ___________. a. Robbery b. Theft c. Both A and B d. None of the above 197. It is the legal remedy whereby a party seeks for a review by a superior court the judgment rendered by the trial court. a. Motion to quash b. Motion to demurrer of evidence c. Appeal d. None of the above 198. A person can be searched even without search warrant if it is done after a lawful ______. a. Warrant of arrest b. Warrantless search c. Warrantless arrest d. None of the above 199. How many days that preliminary investigation is to be completed? a. 10 days b. 30 days c. 60 days d. 90 days 200. Animo lucrandi means ________. a. Intent to kill b. Guilty act c. Intent to gain d. Guilty mind 201. Actus reus means ___________. a. Intent to kill b. Guilty act c. Intent to gain d. Guilty mind 202. Mens Rea means ___________. a. Intent to kill b. Guilty act c. Intent to gain d. Guilty mind 203. What is the period of arraignment? a. 10 days from date the court acquired jurisdiction over the person of the accused b. 20 days from date the court acquired jurisdiction over the person of the accused c. 30 days from date the court acquired jurisdiction over the person of the accused d. 60 days from date the court acquired jurisdiction over the person of the accused 204. It changes the nature of the crime. a. Alternative b. Mitigating c. Qualifying d. Exempting 205. The law that created Revised Penal Code. a. Republic Act 3815 b. Act 3815 c. Republic Act 3185 d. Act 3185 206. Supreme Court Decision is NOT a source of criminal law. a. Wholly true b. Wholly false c. Partially true d. Partially false 207. Demurrer to evidence means ___________. a. Dismissal of the case b. Inadmissibility of evidence c. Insufficiency of evidence d. Sufficiency of evidence 208. Time element IS NOT important in infanticide. a. Wholly true b. Wholly false c. Partially true d. Partially false 209. It considers nature and effects of crime. a. Aggravating circumstance b. Mitigating circumstance c. Exempting circumstance d. Alternative circumstance 210. In justifying circumstance, there is NO criminal and civil liability. a. Wholly false b. Wholly true c. Partially false d. Partially true 211. How many persons composed a syndicate? a. At least 1 person b. At least 2 persons c. At least 3 persons d. At least 4 persons 212. It is a crime of result. a. Kidnapping b. Murder c. Drug trafficking d. Terrorism 213. Force upon things if not to effect entrance. a. Robbery b. Theft c. Malicious mischief d. Trespass to dwelling 214. It is a group of two or more persons collaborating, confederating, or mutually aiding one another for purposes of gain in the commission of any crime. a. Band b. Mafia c. Organized Crime d. Syndicate 215. Serious physical injury is qualified if it is committed with treachery or evident premeditation. a. Wholly true b. Wholly false c. Partially true d. Partially false 216. Correctional penalties will prescribe in ____. a. 5 years b. 10 years c. 15 years d. 20 years 217. The crime of libel will prescribe in ____. a. 6 months b. 1 years c. 2 years d. 5 years 218. Improper performance of an act which might be lawfully done. a. Malfeasance b. Misfeasance c. Nonfeasance d. Incompetence 219. Battered woman syndrome is ________. a. Exempting circumstance b. Justifying circumstance c. Mitigating circumstance d. Alternative circumstance 220. 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. a. Motive b. Specific Intent c. Desire d. Capability 221. A brother who seduced his 30 years old sister who is a widow is liable for _______. a. Abduction b. Seduction c. Qualified Seduction d. Qualified abduction 222. Killing the child exactly 3 days old. a. Infanticide b. Parricide c. Murder d. Homicide 223. Within how many days from receipt should a warrant of arrest be executed? a. 5 days b. 10 days c. 15 days d. 30 days 224. Illegal use of uniforms is NOT a crime against public order. a. Wholly false b. Wholly true c. Partially false d. Partially true 225. 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 driver’s license. Prince is liable for what crime? a. Usurpation of authority b. Usurpation of official function c. Illegal use of official uniform and insignia d. None of the above 226. X and Y are lovers. Their parents opposed their relationship because they are close relatives. X and Y are 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 ____. a. Murder b. Homicide c. Suicide d. Rendering assistance to suicide 227. The place of crime is necessary in establishing the crime of arson. a. Wholly false b. Wholly true c. Partially false d. Partially true 228. Cartography is NOT a means to commit libel. a. Wholly false b. Wholly true c. Partially false d. Partially true 229. Death partially extinguished criminal liability. a. Wholly true b. Wholly false c. Partially true d. Partially false 230. More than three armed malefactors in the commission of a crime. a. Syndicate b. Band c. Organized criminals d. None of the above 231. A, B, C and D, all armed with firearms went to H’s house to kill him. After having pinpointed X’s 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 _____________. a. Attempted murder b. Frustrated murder c. Trespass to dwelling d. Malicious mischief 232. Public censure is not an accessory penalty. a. Wholly false b. Wholly true c. Partially false d. Partially true 233. If penis is unintentionally cut off, the crime is __________. a. Castration b. Serious Physical Injury c. Mayhem d. Mutilation 234. If penis intentionally cut off, the crime ___________. a. Castration b. Serious Physical Injury c. Mayhem d. Mutilation 235. Carnapping is qualified when the owner, driver or passenger of the car is __________. a. Killed b. Raped c. Alive d. Both A and B 236. Under the law, children ages 16-17 are not criminally liable unless they __________. a. Acted without discernment b. Acted with discernment c. Both A and B d. None of the above 237. Lopping or clipping off some essential organ for reproduction. a. Mayhem b. Castration c. Serious Physical Injury d. None of the above 238. Falsification requires damage. a. Wholly false b. Wholly true c. Partially false d. Partially true 239. The required number of years in habitual delinquency. a. 5 years b. 10 years c. 15 years d. 20 years 240. In Ascendant vs. Descendant, if the relationship is illegitimate, the killing is NOT Parricide. a. Wholly false b. Wholly true c. Partially false d. Partially true 241. In Ascendant vs. Descendant, if the relationship is legitimate, the killing is _______. a. Murder b. Parricide c. Homicide d. Infanticide 242. Accessory takes part ________. a. Before the crime b. Previous acts c. Subsequent to the crime d. By direct participation 243. Latin aliunde means ____________. a. Intent to gain b. Intent to kill c. Another source and outside d. Guilty act 244. Branch of government that enacts penal law. a. Judiciary b. Executive c. Legislative d. All of the above 245. Branch of government that defines crimes and provides for its punishment. a. Judiciary b. Executive c. Legislative d. All of the above 246. Branch of government that creates laws. a. Judiciary b. Executive c. Legislative d. All of the above 247. Branch of government that approves or vetoes a certain law. a. Judiciary b. Executive c. Legislative d. All of the above 248. Branch of government that interprets the law. a. Judiciary b. Executive c. Legislative d. All of the above 249. The law that suspended the imposition of death penalty in the Philippines. a. RA 9346 b. RA 9364 c. RA 9463 d. RA 9436 250. As a witness during trial, you failed to understand question, what will you do? a. Request to repeat the question b. Refuse to answer the question c. Answer the question directly d. All of the above 251. Law that authorized the imposition of death penalty in the Philippines. a. RA 9346 b. RA 9364 c. RA 7695 d. RA 7659 252. Ocular inspection without notice is VALID. a. Wholly true b. Wholly false c. Partially true d. Partially false 253. Who decide during inquest proceeding? a. Arresting officer b. Prosecutor c. Complainant d. Judge 254. If homicide or murder is committed with the use of an unlicensed firearm, the unlicensed firearm is _________. a. Qualifying circumstance b. Aggravating circumstance c. Mitigating circumstance d. Alternative circumstance 255. The law that provides for aggravating circumstance in use of unlicensed firearm in crime of homicide or murder. a. RA 8924 b. RA 8294 c. RA 10591 d. RA 10951 256. Commutation of sentence and reduction of penalty is issued by __________. a. Judge b. Chief executive c. Board of Pardons and Parole d. Parole and Probation Administration 257. Which of the following is an element of libel? a. There is an existence of malice and the identity of the person defamed. b. Imputation of a discreditable act or condition to another c. Publication of the imputation d. All of the above 258. The arresting officer need not have the warrant in his possession at the time of the arrest. a. Wholly false b. Wholly true c. Partially false d. Partially true 259. In criminal cases, the place or venue where the crime is committed is the place where the case is filed. a. Venue b. Jurisdiction c. Both A and B d. None of the above 260. During piracy, raped was committed. a. Piracy b. Qualified Piracy c. Rape d. Rape and Piracy 261. What is the basis of GCTA or Good Conduct Time Allowance? a. Character b. Behavior c. Attendance d. None of the above 262. A special crime of kidnapping with rape regardless of how many times rape is committed. a. Wholly false b. Wholly true c. Partially false d. Partially true 263. MTC, MCTC, RTC, Court of Appeals and Supreme Court are __________. a. Special courts b. Regular courts c. Quasi-judicial courts d. All of the above 264. Evidence cannot be waived after conviction and even in appeal. a. Wholly false b. Wholly true c. Partially false d. Partially true 265. May the right to present evidence be waived? a. No b. Yes c. Maybe d. Sometimes 266. Intent is not necessary in Special Law. a. Wholly false b. Wholly true c. Partially false d. Partially true 267. Reading in court in language known to accused, the accusation lodge against him is called __________________. a. Pre-trial b. Arraignment c. Trial d. Adjudication 268. What is the effect of self-defense to the killing? a. There is criminal liability and civil liability. b. There is no criminal liability but there is civil liability. c. There is no criminal liability and civil liability. d. There is criminal liability but there is no civil liability. 269. The penalty between reclusion temporal and prision correccional. a. Arresto mayor b. Reclusion perpetua c. Prision Mayor d. Arresto menor 270. A person who has the authority to protect life and property and maintain peace and order is known as ____________. a. Person in authority b. Public officials c. Agent of the person in authority d. All of the above 271. What is the time element in infanticide? a. Less than 3 days old b. Less than 72 hours c. Both A and B d. None of the above 272. How many witnesses needed in the crime of treason? a. 2 b. 3 c. 4 d. 5 273. The taking of semen, urine, saliva, and blood is not a violation of the right against self- incrimination. a. Wholly false b. Wholly true c. Partially false d. Partially true 274. Buy bust operations can be utilized in ______. a. Crimes against persons b. Drug crimes c. Crimes against property d. All of the above 275. What is the other term for highway robbery? a. Vagrancy b. Mendicancy c. Brigandage d. Riding in tandem 276. When more than three armed persons form band of robbers for purpose of committing robbery in highway, or kidnapping persons for purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence. a. Riding in tandem b. Carnappers c. Carjackers d. Brigands 277. The subject matter of inquiry is contents of document. a. Parol Evidence Rule b. Best Evidence Rule c. Hearsay Rule d. All of the above 278. Testimony generally confined to personal knowledge. a. Testimonial knowledge b. Probable cause c. Personal knowledge d. All of the above 279. Aggravating circumstance which has reference to means and ways employed in commission of crime. a. Treachery b. Evident Premeditation c. Abuse of superior strength d. None of the above 280. Due process is an opportunity to be heard. a. Wholly true b. Wholly false c. Partially true d. Partially false 281. Is there an instance where an accessory exempted from criminal liability? a. Yes b. No c. True d. False 282. In the absence of the judge, the branch clerk of court may hear simple case of unjust vexation. a. Yes b. No c. True d. False 283. In child abuse cases, is hearsay rule applicable in court? a. Yes b. No c. True d. False 284. Indispensable for the act to be punishable as a crime. a. External Act b. Internal Act c. Motive d. Intent 285. Exhibits are physical or documentary evidence. a. Wholly false b. Wholly true c. Partially false d. Partially true 286. Conducts the direct examination. a. Opponent b. Proponent c. Defense counsel d. All of the above 287. The case wherein paraffin test has been held to be highly unreliable. a. US vs. Frye b. People of the Philippines vs. Manalili c. People vs. Tomas Sr. d. None of the above 288. Represents people in appellate courts if public prosecutor is not allowed. a. Office of the Ombudsman b. Court of Appeals c. Office of the Solicitor General d. Supreme Court 289. Offender at time of his trial for one crime shall have been previously convicted by final judgment of another embraced in same title of Revised Penal Code. a. Habitual Delinquency b. Quasi-Recidivism c. Recidivism d. Repetitive or Reiteration 290. Offender has been previously punished for offense which law attaches equal or greater penalty or for two or more crimes to which it attaches lighter penalty. a. Habitual Delinquency b. Quasi-Recidivism c. Recidivism d. Repetitive or Reiteration 291. Offender within period of 10 years from date of his 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 third time oftener. a. Habitual Delinquency b. Quasi-Recidivism c. Recidivism d. Repetitive or Reiteration 292. Any person who shall commit felony after having been convicted by final judgment before beginning to serve such sentence or while serving such sentence shall be punished by maximum period prescribed by law for new felony. a. Habitual Delinquency b. Quasi-Recidivism c. Recidivism d. Repetitive or Reiteration 293. Is there a complex crime when crime is committed to conceal another crime? a. Yes b. No c. False d. True 294. What is the quantum of proof needed in inquest proceeding? a. Substantial Evidence b. Probable cause c. Preponderance of evidence d. Proof beyond reasonable doubt 295. Rebellion is not a crime against national security but public order. a. Wholly false b. Wholly true c. Partially false d. Partially true 296. Malicious mischief is always intentional. a. Wholly false b. Wholly true c. Partially false d. Partially true 297. In malicious mischief, the offender inadvertently caused damage to the property of another. a. Wholly true b. Wholly false c. Partially true d. Partially false