CRIMINOLOGISTS Licensure Examination
First Day - 8:00 a.m. – 11:30 a.m.
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REVIEW QUESTIONS IN
CRIMINAL JURISPRUDENCE AND PROCEDURE SET
ONE
INSTRUCTION: Select the correct answer
for each of the following questions.
Mark only one answer for each item by marking the box
corresponding to the letter of your choice on the answer sheet provided.
STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.
MULTIPLE CHOICE
- Berto, with evident
premeditation and treachery killed his father. What was the crime committed?
- Murder
- Parricide
- Homicide
- Qualified Homicide - B
2.
PO3 Bagsik entered the dwelling of Totoy against the
latter’s will on suspicion that Bitoy keep unlicensed firearms in his home.
What was the crime committed by PO3 Bagsik?
A.
Trespass to Dwelling
B.
Violation of Domicile
C.
Usurpation Of Authority
D.
Forcible Trespassing - B
3.
Charlie and Lea had been married for more than six
months. They live together with the
children of Lea from her first husband.
Charlie had sexual relationship with Jane, the 14 year old daughter of
Lea. Jane loves Charlie very much. What was the crime committed by Charlie, if
any?
A.
Simple Seduction
B.
Qualified Seduction
C.
Consented Abduction
D.
Rape - B
4.
Prof. Jose gave a failing grade to one of his
students, Lito. When the two met the following day, Lito slapped Prof. Jose on
the face. What was the crime committed
by Lito?
A.
Corruption of Public Officials
B.
Direct Assault
C.
Slight Physical Injuries
D.
Grave Coercion - B
5.
A warrant of arrest was issued against Fred for the
killing of his parents. When PO2 Tapang
tried to arrest him, Fred gave him 1 million pesos to set him free. PO2 Tapang
refrained in arresting Fred. What was
the crime committed by PO2 Tapang?
A.
Indirect Bribery
B.
Direct Bribery
C.
Corruption of Public Officials
D.
Qualified Bribery - D
- Which of the following
is the exemption to the hearsay rule made under the consciousness of an
impending death?
A.
parol evidence
B.
ante mortem statement
C.
suicide note
D.
dead man statute - D
7.
Factum probans means __.
A.
preponderance of evidence
B.
ultimate fact
C.
evidentiary fact
D.
sufficiency of evidence - C
- It refers to family
history or descent transmitted from one generation to another.
A.
inheritance
B.
heritage
C.
pedigree
D.
culture - C
9.
The authority of the court to take cognisance of the
case in the first instance.
A.
Appellate Jurisdiction
B.
General Jurisdiction
C.
Original Jurisdiction
- Exclusive
Jurisdiction - C
10.
A person designated by the court to assist destitute
litigants.
A.
Counsel de officio
B.
Attorney on record
C.
Attorney at law
D.
Special counsel - A
11.
Which of the following is not covered by the Rules
on Summary Procedure?
A.
Violation of rental laws
B.
Violation of traffic laws
C.
The penalty is more than six months of imprisonment
D.
The penalty
does not exceed six months imprisonment -C
12.
It refers to a territorial unit where the power of
the court is to be exercised.
A.
jurisdiction
B.
jurisprudence
C.
venue
D.
bench - C
13.
The Anti-Bouncing Check Law.
A.
RA 6425
B.
RA 8353
C.
BP.22
D.
RA 6975 - C
14.
The taking of another person’s personal property, with
intent to gain, by means of force and intimidation.
A.
qualified theft
B.
robbery
C. theft
D. malicious
mischief - B
15.
Felony committed when a person compels another by
means of force, violence or intimidation to do something against his will,
whether right or wrong.
A.
grave threat
B.
grave coercion
C.
direct assault
D.
slander by deed - B
16.
These are persons having no apparent means of
subsistence but have the physical ability to work and neglect to apply himself
or herself to lawful calling.
A.
Pimps
B.
prostitutes
C.
gang members
D.
vagrants - D
17.
A medley of discordant voices, a mock serenade of
discordant noises designed to annoy and insult.
A.
Tumultuous
B.
charivari
C. sedition
D. scandal - B
18.
The unauthorized act of a public officer who compels
another person to change his residence.
A.
violation of domicile
B.
arbitrary detention
C.
expulsion
D.
direct assault - C
19.
The deprivation of a private person of the liberty
of another person without legal grounds.
A.
illegal detention
B.
arbitrary detention
C.
forcible abduction
D.
forcible detention - A
20.
An offense committed by a married woman through
carnal knowledge with a man not her husband who knows her to be married,
although the marriage can be later declared void.
A.
concubinage
B.
bigamy
C.
adultery
D.
immorality - C
21.
Age of absolute irresponsibility in the commission
of a crime.
A.
15-18 years old
B.
18-70 years
old
C. 9 years old and
below
D. between 9 and 15
years old - C
22.
Those who, not being principals cooperate in the
execution of the offense by previous or simultaneous acts.
A.
Accomplices
B.
Suspects
C.
principal actors
D.
accessories - A
23.
The loss or forfeiture of the right of the
government to execute the final sentence after the lapse of a certain time
fixed by law.
A.
prescription of crime
B.
prescription of prosecution
C. prescription of
judgement
D. prescription of
penalty - D
24.
A kind of executive clemency whereby the execution
of penalty is suspended.
A.
Pardon
B.
commutation
C. amnesty
D. reprieve - D
25.
Infractions of mere rules of convenience designed to
secure a more orderly regulation of the affairs of the society.
A.
mala prohibita
B.
mala in se
C. private crimes
D. public crimes - A
26.
Felony committed by a public officer who agrees to
commit an act in consideration of a gift and this act is connected with the
discharge of his public duties.
A.
qualified bribery
B.
direct bribery
C. estafa
D. indirect bribery
- B
27.
The wilful and corrupt assertion of falsehood under
oath of affirmation, administered by authority of law on a material matter.
A.
libel
B.
falsification
C. perjury
D. slander - C
28.
Deliberate planning of act before execution.
A.
Treachery
B.
evident premeditation
C. ignominy
D. cruelty - B
29.
Whenever more than 3 armed malefactors shall have
acted together in the commission of a crime.
A.
gang
B.
conspiracy
C. band
D. piracy - C
30.
The failure to perform a positive duty which one is
bound to.
A.
Negligence
B.
imprudence
C. omission
D. act - C
31.
Ways and means are employed for the purpose of
trapping and capturing the law breaker in the execution of his criminal plan.
A.
Misfeasance
B.
entrapment
C.
inducement
D.
instigation - B
32.
Those where the act committed is a crime but for
reasons of public policy and sentiment there is no penalty imposed.
A.
impossible crimes
B.
aggravating circumstances
C.
absolutory
causes
D.
complex crimes - C
33.
One of the following is an alternative circumstance.
A.
Insanity
B.
intoxication
C.
passion or obfuscation
D.
evident premeditation - B
34.
If the accused refuse to plead, or make conditional
plea of guilty, what shall be entered for him?
A.
a plea of not guilty
B.
a plea of guilty
C.
a plea of mercy
D.
a plea of surrender - A
35.
At what time may the accused move to quash the
complaint or information?
A.
at any time before his arrest
B.
only after entering his plea
C.
any time before entering his plea
D.
Monday morning - C
36.
The process whereby the accused and the prosecutor
in a criminal case work out a mutually satisfactory disposition on the case
subject to court approval.
A.
Arraignment
B.
plea bargaining
C.
preliminary investigation
D.
trial - B
37.
The security given for the release of a person in
custody, furnished by him or a bondsman, conditioned upon his appearance before
any court as required under the conditions specified by law.
A.
Subpoena
B.
recognizance
C.
bail
D.
warrant - C
38.
The examination before a competent tribunal,
according to the laws of the land, of the acts in issue in a case, for the
purpose of determining such issue.
A.
Trial
B.
Arraignment
C.
pre-trial
D.
judgment - A
39.
The adjudication by the court that the accused i9s
guilty or is not guilty of the offense charged, and the imposition of the
proper penalty and civil liability provided for by law on the accused.
A.
trial
B.
Pre-trial
C.
Arraignment
D.
Judgment - D
40.
It is an inquiry or proceeding for the purpose of
determining whether there is sufficient
ground to engender a well founded belief that an offense has been committed and
the offender is probably guilty thereof and should be held for trial.
A.
pre-trial
B.
arraignment
C.
preliminary investigation
D.
plea bargaining - C
41.
It is evidence of the same kind and to the same
state of facts.
A.
secondary evidence
B.
prima facie evidence
C.
corroborative evidence
D.
best evidence - C
42.
It is that which, standing alone, unexplained or
uncontradicted is sufficient to maintain the proposition affirmed.
A.
secondary evidence
B.
prima facie evidence
C.
corroborative evidence
D.
best evidence - B
43.
A form of evidence supplied by written instruments
or derived from conventional symbols, such as letters, by which ideas are
represented on material substances.
A.
documentary evidence
B.
testimonial evidence
C.
material evidence
D.
real evidence - A
44.
When the witness states that he did not see or know
the occurrence of a fact.
A.
positive evidence
B.
corroborative evidence
C.
secondary evidence
D.
negative evidence - D
45.
Personal property that can be subjects for search
and seizure.
A.
used or intended to be used as means in committing an offense
B.
stolen or embezzled and other proceeds or fruits of
the offense
C.
subject of the offense
D.
all of the above - D
46.
All persons who can perceive and perceiving, can
make known their perception to others.
A.
Suspects
B.
witnesses
C. victims
D. informers - B
47.
The unlawful destruction or the bringing forth
prematurely, of human fetus before the natural time of birth which results in
death.
A.
abortion
B.
infanticide
C.
murder
D.
parricide - A
48.
Felony committed when a person is killed or wounded
during the confusion attendant to a quarrel among several persons not organized
into groups and the parties responsible cannot be ascertained.
A.
alarm and scandal
B.
mysterious homicide
- death under
exceptional circumstances
- tumultuous
affray - D
49.
A question which arises in a case the resolution of
which is the logical antecedent of the issue involved in said case and the
cognisance of which pertains to another tribunal.
A.legal question
B.juridical question
C.prejudicial question
D.judicial question - C
50.
The offender has been previously punished for an
offense to which the law attaches an equal or greater penalty or two or more
crimes to which it attaches a lighter penalty.
A.reiteracion
B.recidivism
C.quasi-recidivism
D.habitual
delinquency - A
51.
An act or omission which is a result of a
misapprehension of facts that is voluntary but not intentional.
A.impossible crime
B.mistake of facts
C.accidental crime
D.complex crime - B
52.
Infanticide is committed by killing a child not more
than….
A.36 hours
B.24 hours
C.48 hours
D.72 hours - D
53.
Ignorance of the law excuses no one from compliance
therewith.
A.ignorantia legis
non excusat
B.parens patriae
C.res ipsa loquitur
D.dura lex sed lex - A
54.
An act which would be an offense against persons or property
if it was not for the inherent impossibility of its accomplishment.
A.
compound crime
B.
impossible crime
C. complex crime
D. accidental crime
- B
55.
The law which reimposed the death penalty.
A.
RA 5425
B.
RA 8553
C.
RA 7659
D.
RA 8551 - C
56.
One who is deprived completely of reason or
discernment and freedom of the will at the time of the commission of the crime.
A.
discernment
B.
insanity
C. epilepsy
D. imbecility - D
57.
The quality by which an act may be subscribed to a
person as its owner or author.
A.
responsibility
B.
duty
C. guilt
D. imputability - D
58.
Something that happen outside the sway of our will,
and although it comes about through some acts of our will, lies beyond the
bounds of humanly foreseeable consequences.
A.
fortuitous event
B.
fate
C. accident
D. destiny - C
59.
A sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer or other public
officer charged with the enforcement of the law violated.
A.
subpoena
B.
information
C. complaint
D. writ - C
60.
This right of the accused is founded on the principle
of justice and is intended not to protect the guilty but to prevent as far as
human agencies can the conviction of an innocent person.
A.
right to due process of law
B.
presumption of innocence
C. right to remain
silent
D. right against
self-incrimination - B
61.
Known in other countries as the body of principles,
practices, usages and rules of action which are not recognized in our country.
A.
penal laws
B.
special laws
C. common laws
D. statutory laws -
C
62.
Circumstances wherein there is an absence in the
agent of the crime any of all the conditions that would make an act voluntary
and hence, though there is no criminal liability there is civil liability.
A.
Exempting
B.
alternative
C. justifying
D. aggravating - A
63.
Circumstances wherein the acts of the person are in
accordance with the law, and hence, he incurs no criminal and civil liability.
A.
exempting
B.
alternative
C. justifying
D. aggravating - C
64.
When the offender enjoys and delights in making his
victim suffers slowly and gradually, causing him unnecessary physical pain in
the consummation of the criminal act.
A.
Ignominy
B.
cruelty
C. treachery
D. masochism - B
65.
One, who at the time of his trial for one crime
shall have been previously convicted by final judgment of another crime
embraced in the same title of the Revised Penal Code.
A.
Recidivism
B.
habitual delinquency
C. reiteracion
D. quasi-recidivism
- A
66.
Alevosia means
A.
Craft
B.
treachery
C.
evident premeditation
D.
cruelty - B
67.
The law hears before it condemns, proceeds upon
inquiry and render judgment after a fair trial.
A.
ex post facto law
B.
equal protection of the law
C.
rule of law
D.
due process of law - D
68.
A person if within a period of 10 years from the
date of his release or last conviction of the crime of serious or less serious
physical injuries, robbery, theft, estafa or falsification, he is found guilty
of any of the said crimes a third time
or oftener.
A.
Recidivist
B.
quasi-recidivist
C. habitual
delinquent
D. hardened criminal
- C
69.
A kind of evidence which cannot be rebutted or
overcome.
A.
Primary
B.
Best
C. Secondary
D. Conclusive - D
70.
A kind of evidence which cannot be rebutted or
overcome.
A.
Primary
B.
Best
C.
Secondary
D.
Conclusive - D
71.
These questions suggest to the witness the answers
to which an examining party requires.
A.
leading
B.
misleading
C.
stupid
D.
hearsay - A
72.
A method fixed by law for the apprehension and
prosecution of persons alleged to have committed a crime, and for their
punishment in case of conviction.
A.
Criminal Law
B.
Criminal Evidence
C. Criminal
Procedure
D. Criminal Jurisprudence - C
73.
The period of prescription of crimes punishable by
death.
A.
20 years
B.
15 years
C. 10 years
D. 40 years - A
74.
Persons who take direct part in the execution of a
crime.
A.
Accomplices
B.
Accessories
C.
Instigators
D.
Principals - D
75.
A crime against honor which is committed by
performing any act which casts dishonor, discredit, or contempt upon another
person.
A.
libel
B.
slander by deed
C. incriminating
innocent person
D. intriguing
against honor - B
76.
The improper performance of some act which might
lawfully be done.
A.
misfeasance
B.
malfeasance
C. nonfeasance
D. dereliction - B
77.
A sworn statement in writing, made upon oath before
an authorized magistrate or officer.
A.
subpoena
B.
writ
C. warrant
D. affidavit - D
78.
Any other name which a person publicly applies to
himself without authority of law.
A.
alias
B.
common name
C. fictitious
name
D. screen name - C
79.
A special aggravating circumstance where a person,
after having been convicted by final judgment, shall commit a new felony before
beginning to serve such sentence, or while serving the same.
A.
quasi-recidivism
B.
recidivism
C. reiteracion
D. charivari - A
80.
Which of the following is not a person in authority?
A.
Municipal mayor
B.
Private School Teacher
C. Police Officer
D. Municipal
Councilor - C
81.
In its general sense, it is the raising of
commotions or disturbances in the State.
A.
Sedition
B.
Rebellion
C. Treason
D. Coup d’ etat - A
82.
The length of validity of a search warrant from its
date.
A.
30 days
B.
15 days
C. 10 days
D. 60 days - C
83.
The detention of a person without legal grounds by a
public officer or employee.
A.
illegal detention
B.
arbitrary detention
C.
compulsory detention
D.
unauthorized detention - B
84.
A breach of allegiance to a government, committed by
a person who owes allegiance to it.
A.
treason
B.
espionage
C. rebellion
D. coup d’ etat - A
85.
A building or structure, exclusively used for rest
and comfort.
A.
sanctuary
B.
prison
C. jail
D. dwelling - D
86.
The mental capacity to understand the difference
between right and wrong.
A.
treachery
B.
premeditation
C. recidivism
D. discernment - D
87.
Conspiracy to commit this felony is punishable under
the law.
A.
Estafa
B.
Murder
C. Rebellion
D. Rape - C
88.
It means that the resulting injury is greater than
that which is intended.
A.
Aberratio ictus
B.
Error in personae
C. Dura Lex Sed lex
D. Praeter
Intentionem - D
89.
It means mistake in the blow.
A.
Aberratio Ictus
B.
Error in Personae
C. Dura lex sed
lex
D. Praeter
Intentionem - A
90.
A stage of execution when all the elements necessary
for its execution and accomplishment are present.
A.
Attempted
B.
Frustrated
C.
Consummated
D.
Accomplished - C
91.
An act or omission which is the result of a
misapprehension of facts that is voluntary but not intentional.
A.
Absolutory Cause
B.
Mistake of facts
C. Conspiracy
D. Felony - B
92.
Crimes that have three stages of execution.
A.
Material
B.
Formal
C. Seasonal
D. Continuing - A
93.
Felonies where the acts or omissions of the offender
are malicious.
A.
Culpable
B.
Intentional
C. Deliberate
D. Inculpable - B
94.
It indicates deficiency of perception.
A.
Negligence
B.
Diligence
C.
Imprudence
D.
Inference - A
95.
Acts and omissions punishable by special penal laws.
A.
Offenses
B.
Misdemeanours
C.
Felonies
D.
Ordinances - A
96.
A character of Criminal Law, making it binding upon
all persons who live or sojourn in the Philippines.
A.
General
B.
Territorial
C.
Prospective
D.
Retroactive - A
97.
A legislative act which inflicts punishment without
judicial trial.
A.
Bill of Attainder
B.
Bill of Rights
C.
Ex Post Facto Law
D.
Penal Law - A
98.
The taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
A.
Search
B.
Seizure
C.
Arrest
D.
Detention - C
99.
Pedro stole the cow of Juan. What was the crime
committed?
A.
Robbery
B.
Farm Theft
C.
Qualified Theft
D.
Simple Theft - C
100.Pedro, a 19 year old man had
sexual intercourse with her 11 year old girlfriend without threat, force or
intimidation. What was the crime committed?
A.
Child rape
B.
Qualified Rape
C.
Statutory Rape
D.
None of these - C
-
End of Set One -
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