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
TWO
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
- A kind of evidence
which shows that a best evidence existed as to the proof of the fact is in
question
A.
Real Evidence
B.
Secondary Evidence
C.
Best Evidence
D.
Res gestae
B
- What crime exists when
a single act constitutes two or more grave or less grave felonies or when
an offense is a necessary means for committing the other?
A.
Complex
B.
Composite
C.
Continuing
D.
compound
A
- What must be considered
in determining whether the crime committed is only attempted, frustrated
or consummated?
A.
All of these
B.
The elements constituting the felony
C.
The nature of the offense
D.
The manner of committing the felony
A
- A person who gives
testimonial evidence to a judiciary tribunal
A.
Witness
B.
Defense
C.
Prosecution
D.
Clerk of Court
A
- What crime can be
charged of one who retains a minor in his service against the minor’s will
and under the pretext of reimbursing himself of a debt incurred by the
child/s parents?
A.
white slavery
B.
exploitation of child labor
C.
inducing a minor
D.
kidnapping B
- A, a notary public,
issued a supposed copy of a deed of sale, when in fact no such deed oæ
sale was prepared by him. A is liable for
A.
Estafa
B.
falsification
C.
Forgery
D.
All of these
A
- Refers to family
history or descent transmitted from one generation to another
A.
Pedigree
B.
Inheritance
C.
Tradition Heritage
A
- What kind of
presumption involves the mental process by which the existence of one
fact is inferred from proof of some other facts?
A.
Conclusive
B.
of"law
C.
Disputable
D.
of fact
C
- During the pendency of
his criminal case, A died due to heart attack. His untimely death resulted
in
A.
termination of proceedings
B.
suspension of the case
C.
postponement of the case
D.
dismissal of the case for lack of respondent
D
10.
How may an ordinary citizen give his opinion
regarding the handwriting of a person?
A.
when he has to testify only as to the mental and
emotional state of the one who authored the handwriting
B.
when it is the handwriting of one whom he has
sufficient familiarity
C.
when he is a questioned document examiner
D.
when he is a graduate of criminology
B
11.
Obligations imposed upon a party to establish their
alleged fact by proof are termed as "burden of proof" what is its
Latin translation?
A.
Factum probans
B.
Factum probandum
C.
Owe probandi
D.
Owes probandi
D
12.
Can a husband testify against the wife in an
adultery case?
A.
yes, the privilege of marital communication rule is
already abolished
B.
yes, under the law she is a competent witness
C.
no,she is incompetent as a witness
D.
yes, because crime charge is one committed by the
wife
B
13.
Logical necessity which resists upon a party at any
particular time during the trail to create a prima facie case in his own favor
or to overthrow one created against him.
A.
Res gestae
B.
Burden of Evidence
C.
Burden of Proof
D.
Estoppel
B
14.
A is a supply officer of a municipality. He entered
into an agreement with B. to supply the municipality with some office forms at
a price grossly disadvantageous to the municipality. The agreement was that
part of the purchase price must be given to A. The transaction did not
materialize. A may be liable for
A.
attempted estafa
B.
frustrated estafa
C.
attempted fraud
D.
consummated fraud
D
15.
The probative value or credit given by the court to
a particular evidence
A.
Preponderance of evidence
B.
Evidentiary fact
C.
Ultimate Fact
D.
Weight of Evidence
D
16.
Which among the following may disqualify a witness
A.
Capacity of observation
B.
Capacity of recollection
C.
Capacity of Knowledge
D.
Capacity of communication
C
17.
That kind of evidence which can not be rebutted or
overcome
A.
Primary
B.
Real
C.
Best
D.
Conclusive
D
18.
Which in the following enumeration is an example of
an afflictive penalty?
A.
Fine
B.
arresto mayor
C.
prison mayor
D.
destierro
C
19.
A detained prisoner is allowed to eat and drink in a
nearby restaurant on several occasions. He is, however, well-guarded at all
times. The warden allowed him to go out of his cell without any consideration
whatsoever. The warden may be charged with
A.
negligence of duty
B.
leniency or laxity
C.
dereliction of duty
D.
infidelity
D
20.
Cognizance of certain facts which judges may
properly take as fact because they are already known to him
A.
Cognizance
B.
Judicial Admission
C.
Judicial Knowledge
D.
Judicial Notice
D
21.
What if the offended party is a corporation, how do
you indicate it in the complaint or information?
A.
state the name of the corporation
B.
leave it blank as error is merely clerical and can
be corrected during trial
C.
aver it in the charge sheet
D.
aver that it is legally organized pursuant to SEC
rules
A
22.
Exemption to the hearsay rule made under the
consciousness of an impending death.
A.
Parole Evidence
B.
Ante-mortem statement
C.
Dean man statute
D.
Post mortem statement
B
23.
What crime is committed against mankind, and whose
jurisdiction consequently recognizes no territorial limits?
A.
Piracy
B.
Felonies
C.
Theft
D.
Suicide
A
24.
Heads of State or Ambassadors can NOT be held
criminally liable in another state or place of assignment under the principles
of international law. This is an EXCEPTION to the general characteristic of
Criminal Law which is
A.
Prospectivity
B.
Generality
C.
Territoriality
D.
Immunity
B
25.
Refers generally to acts made criminal by special
laws
A.
Felony
B.
Mala Inse
C.
Mala Incest
D.
Mala prohibita
D
26.
When several persons are co-accused for a crime
committed, what is that requirement that must be satisfied in order that one or
more of those accused can qualify as state witness?
A.
he appears to be the least guilty
B.
he does not appear to be the most guilty
C.
not more than two accused can be state witness
D.
he seems to be not guilty
A
27.
Ignorantia Facti Excusat means:
A.
Ignorance of the law
B.
Mistake of facts
C.
Mistake of the blow
D.
Mistake in identity
A
28.
Under this Rule, crimes are not triable in the
courts of that country, unless their commission affects the peace and security
of the territory or the safety of the state is endangered.
A.
French Rule
B.
Spanish Rule
C.
American Rule
D.
English Rule
A
29.
What should the court do when the offense is less
serious physical injuries and the offense proved is serious physical injuries
and the defendant may be convicted only of the offense as charged?
A.
do not dismiss the action
B.
do not dismiss the action but should order the
filing of a new information
C.
dismiss the action
D.
stay with the action and decide accordingly to avoid
double jeopardy
B
30.
When the law attaches capital punishment or
afflictive penalties the felony is said
to be
A.
Grave
B.
Light
C.
Less grave
D.
Serious
A
31.
When is evidence presented in court for
admissibility considered relevant to the issue?
A.
when it is not excluded by the rules
B.
when it has direct bearing and actual connection to
the facts and issue
C.
when it is not repugnant in taste
D.
when it is not immoral
B
32.
Infractions to the law punishable by Aresto Menor or
a fine not exceeding 200 pesos or both.
A.
Grave
B.
Light
C.
Less grave
D.
Serious
B
33.
What circumstance can be considered aggravating with
the slaying of an 80 year old woman?
A.
abuse of confidence
B.
disregard of age and sex
C.
neglect of elders
D.
disrespect of rank
B
34.
Acts of a person which are said to be in accordance
with the law, so that such person is deemed not to have transgressed the law
and is free from both criminal and civil liability.
A. Justifying circumstances
B.
Mitigating Circumstance
C.
Exempting circumstances
D.
Aggravating circumstances
A
35.
The rule on summary procedure applies to criminal
cases where the penalty prescribed by the law for the offense charged does not
exceed
A. 3 years
B. six years
C. 6 months imprisonment
D. 4 years and 2 months
C
36.
In case of oral defamation, where the priest is the
only available witness, can a priest testify as to the alleged defamatory words
given to him by the accused during confession?
A. privilege given by a patient to a doctor
B. privilege given to a husband to a wife
C. privilege communication given to an attorney by a
client
D. privilege communication given by a penitent to a
priest
D
37.
An aggravating circumstance which generally apply to
all crimes such as dwelling, night time or recidivism.
A.
Generic
B.
Specific
C.
Qualifying
D.
Inherent
A
38.
Who are criminally liable, when having knowledge of
the commission of the crime, without having principally participated therein,
takes part subsequent to the commission, either in profiting by the effects of
the crime or by concealing or destroying the body of the crime?
A. Witnesses
B. Accessories
C. Principals
D. Accomplices
B
39.
They are aggravating circumstance which change the
nature of the crime, e.i. homicide to murder in case of treachery
A.
Generic
B.
Specific
C.
Qualifying
D.
Inherent
C
40.
Which of the following aggravating circumstances may
not be offset by mitigating circumstances?
A. Treachery
B. Night time
C. Ignominy
D. Taking advantage of superior strength
A
41.
What are the infractions of mere rules of convenience
designed to secure a more orderly regulation of the affairs of society?
A. Mala prohibita
B. Felonies
C. Violation of ordinance
D. Mala in se
B
42.
What doctrine allows evidence obtained by police
officers in an illegal search and seizure to be used against the accused?
A. Silver platter
B. Exclusionary doctrine
C. Fruit of the poisonous tree
D. Miranda ruling
A
43.
Mr. Santos went to the United States Philippines
A. None of these
B. Adultery
C. Concubinage
D. Bigamy
D
44.
What is the liability of the jail guard if the
evasion of a prisoner should take place through his negligence?
A. delivering prisoners from jails
B. evasion through negligence
C. reckless imprudence
D. conniving with or consenting to evasion
B
45.
A treasury warrant was payable to A or his
representative. B took possession of the warrant, wrote the name of A, endorsed
it at the back and was able to encash it. B is liable for
A. Estafa
B. all of these
C. falsification
D. forgery
B
46.
A person who has within a period of 10 years from the date of release or last
conviction is said to have been found guilty of the same offense particularly
those of physical injuries, estafa, theft and robbery is considered as a:
A.
recidivist
B.
habitual Delinquent
C.
delinquent
D.
quasi-recidvist
B
47.
What is the means sanctioned by the rules of
ascertaining in a judicial proceeding the truth respecting a matter of fact?
A. Evidence
B. Procedure
C. Investigation
D. Trial
A
48.
Whenever more than three armed malefactors shall
have acted together in the commission of an offense it is deemed to have been
committed by:
A.
Group
B.
Band
C.
Brigands
D.
Team
B
49.
What is that statement made by a wounded person
shortly after he received several bolo stabs narrating therein the whole
incident to another which is admissible in evidence as part of
A. res nullus
B. res ipsa loquitur
C. res judicata
D. res gestae
D
50.
A, B, C are boardmates of D. A, B and C conspire to kill
X, a witch, because he is perceived to cause misery among many in the barangay.
D knew about it all along. After the conspiracy but made no move to report to
the authorities. In this case, D
A. is liable for murder
B. is an accessory to the crime
C. is a conspirator
D. incurs no criminal liability
C
51.
“Aberratio ictus” in which the perpetrator is
criminally liable means
A. mistaken identity
B. mistake in the blow
C. results are less than intended
D. result is greater than intended
A
52.
What acts punishable by law are either intended to
directly impute to an innocent person the commission of crime or which are
calculated to blemish the honor or reputation of a person by means of intrigue?
A. oral defamation
B. blackmail
C. slander
D. incriminatory machinations
D
53.
A, with intent to kill, fired a revolver at B. He
inflicted a fatal wound. A brought B to a hospital, and due to timely medical
assistance, B survived. What crime did A commit?
A. physical injuries
B. attempted felony
C. frustrated felony
D. no criminal liability
C
54.
Breach of allegiance to a government, committed by a
person who owes allegiance to it.
A.
Treason
B.
Adherence to the enemy
C.
Espionage
D.
Levying war
A
55.
What is the order in writing issued in the name of
the People of the Philippines, signed by a judge and directed to a peace
officer commanding him to search for personal property described therein and
bring it before the court?
A. warrant of arrest
B. Search warrant
C. Subpoena
D. Summons
B
56.
It requires the concurrence of two things, that
there being an actual assembly of men and for such purpose of executing a
treasonable design by force
A.
Aid or comfort
B.
Adherence to the enemy
C.
Levying war
D.
All of the foregoing
C
57.
Under the new Constitution, who is empowered to
order or change the venue or place of trial in order to avoid miscarriage of
justice?
A. executive judge
B. supreme court
C. regional trial courts
D. regional state prosecutor
B
58.
What rule is observed when generally, there can be
no evidence of a writing, the contents of which is the subject matter of
inquiry
A. secondary evidence
B. parole
evidence
C. corollary evidence
D. best evidence
A
59.
What kind of executive clemency wipes away the guilt
of the convicted person, subject to the three limitations to be executed by the
President?
A. Pardon
B. Amnesty
C. Reprieve
D. penalty
A
60.
A person having knowledge of the plans to commit
treason and fails to disclose such information to the governor, fiscal or mayor
is guilty of what crime?
A.
Treason
B.
Conspiracy to commit treason
C.
Espionage
D.
Misprision of Treason
D
61.
What crime is committed when the offender, acting
under a single criminal resolution, commits a series of acts in the same place
at about the same penal provision?
A. Composite
B. Compound
C. Continuing
D. complex
C
62.
In what instance can alibi (the weakest defense)
acquire commensurate strength in evidential value?
A. when it changes the burden of proof
B. when evidence for the prosecution is strong
C. where no positive and proper identification has been
satisfactorily made
D. when questions on whether or not accused committed
the offense is clear
B
63.
It is a forcible depredation on the high seas
without lawful authority and done with animo furandi and in the spirit and
intention of universal hostility
A.
Mutiny
B.
Piracy
C.
Espionage
D.
Sedition
B
64.
What is that rule where an offended party may
intervene in the proceeding personally or through a counsel?
A. Miranda Rule
B. rule of facilitation
C. rule of intervention
D. rule of reservation
A
65.
Refers to resistance to a superior officer, or the
raising of commotions and disturbance on board a ship against authority of the
commander
A.
Mutiny
B.
Piracy
C.
Espionage
D.
Sedition
A
66.
What kind of motion may be availed of anytime before
arraignment?
A. motion to dismiss
B. motion for review
C. motion for reconsideration
D. motion to quash
C
67.
Which among the following instances is an example of
a qualifying circumstance to a crime of murder?
A. Recidivism
B. Insanity
C. Treachery
D. Intoxication
C
68.
What would be the nature of action for a person over
nine years of age and under fifteen to incur criminal liability?
A. act with discernment
B. act carelessly or negligently
C. show criminal intent
D. show malice
A
69.
Who is a person in authority among the following:
A. Policeman
B. MMDA enforcer
C. barangay captain
D. barangay tanod
A
70.
What kind of aggravating circumstance is present
when a person commits any of the crimes against person, employing such means,
methods or forms in the execution thereof which tend specially to ensure its
execution without risk to himself arising from the defense which the offended
partly might make?
A. capital punishment
B. complex crime
C. continuous offense
D. civil interdiction
A
71.
A is known for writing obscene material. One of his
writings, entitled “Hayop”, was stolen from his office and was published by
someone. The authorities got hold of the obscene magazine. A is
A. not liable at all
B. liable for obscene publication (as co-publisher)
C. liable for pornography
D.
liable for the obscene publications (as author)
A
72.
What should be done in cases of offenses against
property where the name of the offended party is unknown?
A. court must cause the true name to be inserted
B. what is pivotal is the name and description of the
offender
C. the police must label the property in a way that
will distinguish it from others
D. describe the property subject matter with such
particularity as to properly identify, the particular offense charged
D
73.
How should the plea to a complaint or information be
made by the accused?
A. personally, in open court and of the record
B. by the approval of the court and upon written
request by the accused
C. through counsel in open court and on the record
D. personally by written motion
B
Situation 1 – A and B are neighbors. During a
drinking spree, A punched B without any provocation. B’s injury required
medical attendance for a period of seven (7) days. Immediately thereafter SP01
T. Anga whose help was sought by B, took the statement of B and did not know
what to do.
74.
What crime was committed by A?
A. slight physical injury
B. serious physical injuries
C. ill treatment
D. less serious physical injury
B
75.
Considering the nature of the offense committed by
A, SP01 T. Anga should:
A. file the case directly with the court
B. instruct B to file the matter first before the
barangay C
C. file the case before the prosecutor’s office
D. file the case himself before the barangay court
C
76.
Assuming that the result of the action of A was
death, instead of mere physical injuries against B, SP01 T. Anga should, in his
investigation and report concentrate and stress on:
A. whether or not A was drunk at the time
B. the Barangay
Court
C. whether or not B was also drunk
D. None of the above
C
77.
Assuming that A was drunk at the time that he
committed the offense, his drunkenness would be considered as:
A. mitigating circumstance
B. aggravating circumstance
C. exempting circumstance
D. alternative circumstance
D
Situation 2 –
A and B who are brother-in-laws, are also mortal enemies. One time, A
threatened to kill B. A has a common reputation of being a killer. One night in
a lighted place, A suddenly stabbed B from behind. Before A could escape, B was
able to identify him. As B lay wounded, SP01 Mahabagin responded and to whom B
pointed to A as the one who attacked him. SP01 arrested B on the basis of such
declaration.
78.
Based on situation # 2, which of the following best
describes the statement of A?
A. Circumstantial
B. Corroborative
C. Hearsay
D. Direct
C
79.
What crime was committed by A that night time of the
stabbing?
A. Parricide
B. Grave threats
C. Homicide
D. Murder
A
80.
Assuming that B was dying at the time that he
informed SP01 Mahabagin of the identity of his notorious assailant and
believing that he was dying at the time, but he did not actually die, what
basis could be used to establish the identify of A?
A. Common reputation
B. res gestae
a.
dying declaration
b.
declaration against interest
B
81.
In the foregoing case, B’s statement identifying A
as his assailant may not be considered a dying declaration because:
A. B’s death is indispensable
B. The declaration was not written
C. No mention was made that B’s wound was fatal
D. B has a grudge against A
Situation
3 – During custodial investigation at the Central Police District in Quezon City
82.
A’s statement is inadmissible in evidence against
him because
A.
The right to remain silent and to counsel cannot be
waived
B.
it was not made in the presence of the counsel
C.
The waiver was not made in writing and in the
presence of the counsel
D.
It was not made in writing
A
83.
Assuming that all conditions in the waiver were
properly observed except the right to counsel which was waived because A could
not afford the service of one, A’s statement will be
A.
Admissible because A was informed of his right to
counsel but he could not afford to hire one
B.
Inadmissible because A must be provided with counsel
free of charge
C.
admissible because A did not insist on his right to counsel
and he voluntarily waived it
D.
admissible in evidence against him because all the
conditions were present in the waiver
A
84.
Assuming that the public persecutor on the basis of
the now written confession of A, who waived his right of counsel because he
could not afford one, filed the information against him and the judge after
trial, convicted A on the basis of his written confession. A would like to
appeal his case to a higher court. The appeal should be filed -
A.
with 30 days from the time A’s counsel de oficio who
was absent of the time of the promulgation received a written copy of the
judgment of conviction.
B.
within 30 days from the date the case was submitted
for resolution
C.
within 15 days from the promulgation of judgment
D.
within 15 days from the date of pre-trial
conference
A
85.
Assuming that A’s appeal was filed 30 days after his
counsel de oficio learned of the judgment, the appeal should
A.
Not be given due course, because the judgment which
were rendered after trial was obviously correct anyway
B.
be given due course because it was filed within the
reglamentary period
C.
not be given due course because the confession was
really inadmissible against A and the judgment of conviction must be reversed
D.
None of these
A
86.
The Judiciary Reorganization Act of 1980 (BP Blg
129) took effect on
A.
January 17, 1983
B.
August 1, 1983
C.
January 1, 1983
D.
December 1, 1980
D
87.
Criminal jurisdiction over the subject matter shall
be determined by the
A.
law enforced at the time of the commission of the
offense
B.
law enforced at the time of trial
C.
law enforced at the time of the institution/filing
of the offense
D.
law enforced at the time of the discovery of the
offense
A
88.
Criminal procedure is a
A.
substantive law
B.
constitutional law
C.
administrative law
D.
procedural or remedial law
D
89.
The stage of a judicial proceeding whereby the
accused shall be informed of the nature and cause of the accusation against
him, in compliance of the mandate of the consultation and the rules and in
order to fix the identity of the accused is
A.
criminal investigation
B.
pre-trial conference
C.
preliminary investigation
D.
arraignment and plea
D
90.
Defined as the taking of a person into custody in
order that he may be bound to answer for the commission of an offense
A.
None of these
B.
Custody
C.
Detention or imprisonment
D.
Investigation
A
91.
Under the law, the warrant of arrest shall remain
valid unless
A.
after the lapse of ten days from its issuance
B.
it is served or lifted
C.
after the lapse of the period for the police to
execute the same
D.
after the lapse of the period for the police to make
his report
A
92.
The procedure which allows the affidavit or
counter-affidavit of the parties or their witnesses to constitute as their
direct oral testimony in the case, subject however to cross examination
A.
Revised Rule on Summary Procedure
B.
Revised Rules on Criminal Procedure
C.
Revised Rules on Evidence
D.
Revised Penal Code
A
93.
The right of an accused to bail is a matter of right
in those cases -
A.
falling within the jurisdiction of the RTC before or
after conviction, except capital offenses
B.
falling within the jurisdiction of the MTC before or
after conviction
C.
falling within the jurisdiction of the RTC where the
penalty for the offense does not exceed twenty years imprisonment
D.
all of these
A
94.
Preliminary investigation is required in those
criminal cases where the penalty provided by law for the offense charged is
A.
over 6 years imprisonment regardless of the amount
of fine
B.
exceeding 6 years imprisonment irrespective of the
amount of fine
C.
at least 4 years, 2 months and 1 day of imprisonment
irrespective of the amount of fine
D.
not exceeding 6 years imprisonment irrespective of
the amount of fine
C
95.
Violation of City or municipal ordinance are within
the
A.
concurrent jurisdiction of the RTC and MTC
B.
exclusive original jurisdiction of the RTC
C.
exclusive jurisdiction of the Family Court
D.
exclusive original jurisdiction of the MTC
D
96.
The process of adjudication of disputes in barangay
level whereby the Punong Barangay or the Pangkat members shall endeavor to
convince or encourage the parties to settle their dispute amicably.
A.
Arbitration
B.
Confrontation
C.
Compromise
D.
Mediation/conciliation
D
97.
The power or authority of a court to try, hear and
decide a class of criminal case brought before it
A.
criminal jurisprudence
B.
criminal jurisdiction
C.
criminal procedure
D.
criminal due process of law
B
98.
If no criminal action has yet been instituted, a
motion to quash a search warrant and/or suppress evidence obtained thereby by
the police shall be filed in and resolve by the
A.
court which has jurisdiction over the place where
the offense was committed
B.
court that issued the search warrant
C.
court where the suspects reside
D.
court within the judicial region of the place where
the crime was committed
B
99.
The personnel of a court who shall take charge of
the business of the court, supervises all the other staff of the court or the
alter ego of the judge in all official businesses of the court in his absence.
A.
court interpreter
B.
clerk of court
C.
legal researcher
D.
personal secretary of judge
B
100.
The law providing the rights of person arrested,
detained or under custodial investigation is
A.
RA No 7691
B.
RA No 8493
C.
RA No 7438
D.
RA No 7659
C
-
End of Set Two -
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