Criminology board exam

1. TATAK SPG
CRIMINAL LAW AND JURISPRUDENCE
2022
Lea is married to Leo who is the son of Leon. They were blessed with two (2) children, Lenny and Lanny.
Leo wanted a baby boy so he had an illicit relationship with Letty. They have a son named Louie.
1. Lea killed Leon. What crime was committed?
a. Homicide
b. Parricide
c. Murder
d. None of the Above
e. All of the above
2. Leo, using poison, killed Lea. What crime was committed?
a. Homicide
b. Parricide
c. Murder
d. None of the above
e. All of the above
3. Leon killed Lenny while she was sleeping. What crime was committed?
a. Homicide
b. Parricide
c. Murder
d. None of the above
e. All of the above
4. Lenny killed Louie who was then 4 years old. What crime was committed?
a. Homicide
b. Parricide
c. Murder
d. None of the above
e. All of the above
5. Louie killed Leon by burning his house. What crime was committed?
a. Homicide
b. Parricide
c. Murder
d. None of the above
e. All of the above
6. For having an illicit relationship with Letty, what felony did Leo commit?
a. Concubinage
b. Adultery
c. Violation of R.A. 9262
d. None of the above

2. e. All of the above
7. For having an illicit relationship with Letty, what crime did Leo commit?
a. Concubinage
b. Adultery
c. Violation of R.A. 9262
d. None of the above
e. All of the above
8. Let us suppose Lea had an illicit relationship with Lino, what felony is committed?
a. Concubinage
b. Adultery
c. Violation of R.A. 9262
d. None of the above
e. All of the above
9. After the victim was stabbed, the mother of the murderer assisted him in throwing the dead body
into the well not knowing that the victim was still alive. Thereafter, the victim died due to
drowning. Which statement is true based on facts given?
a. The act of an accessory committed by a person who is exempt from criminal liability
cannot be considered under the contemplation of Art. 4 of RPC.
b. The mother can be held as principal as she was the proximate cause of death.
c. The mother is absolved in criminal liability
d. A and C are correct
e. A and B are correct
10. Using the facts in the preceding number, what if it was not the mother who helped throw the
body but Diego, a friend. Which statement is true?
a. Diego will be held liable for the crime of Homicide
b. Diego will not be held liable as Accessory to Homicide as he did not know that the victim
was still alive
c. Diego and the perpetrator will be held liable for Homicide
d. A and B are correct
e. A and C are correct
11. Isidro stopped his motorcycle on the side of the road in order to send text message to his wife.
Suddenly a man pointed knife at him asking him to alight the motorcycle. He resisted and started
motorcycle which resulted to injury to the supposed carnapper. Which statement is true?
a. This is an example of Mitigating Circumstance
b. This is an example of Justifying Circumstance
c. This is an example of Aggravating Circumstance
d. This is an example of Alternative Circumstance
12. Atty. Dela Cruz issued a check which bounced after presentment to the bank. Which statement
is true?
a. This is an example of Mitigating Circumstance
b. This is an example of Justifying Circumstance
c. This is an example of Aggravating Circumstance

3. d. This is an example of Alternative Circumstance
13. All statements are true regarding Accessory to the crime except
a. Profiting themselves or Assisting the offender to profit by the effects of the crime
b. Assisting the Offender to Profit by the Effects of the Crime
c. Concealing/destroying the body of the crime to prevent its discovery
d. Harboring/concealing/assisting in the Escape of anybody of the crime committed by either
a public officer or a private person
e. None of the above
14. The following are exempt from criminal liability under principles of Public International Law
except
a. Sovereigns and other heads of state
b. Pope
c. Charges d’ affaires
d. Ambassadors
e. None of the above
f. All of the above
15. Penal statutes should be strictly construed against the State only when the law is ambiguous and
there is doubt regarding its interpretation. Where the law is clear and unambiguous, there is no
room for the rule to apply
a. Equipoise Rule
b. Pro Reo Doctrine
c. Rule on Lenity
d. A and C are correct
e. B and C are correct
16. All are mala in se crime except
a. Incriminating an innocent person
b. Technical malversation
c. False testimony in favor of the accused
d. Plunder
e. Terrorism
17. Crimes which do not admit frustrated stage
a. Burning a car parked in a mall
b. Offering money to police officer
c. Not finding the owner of 1000 peso bill
d. None of the above
e. All of the above
18. All statements are true regarding unlawful aggression except
a. Retaliation is allowed when unlawful aggression ceases
b. Unlawful aggression must be a continuing circumstance or must have been existing at the
time the defense is made.
c. Aggression must be unlawful
d. The peril to one’s life, limb, or right is actual and imminent.

4. 19. All statements are true with respect to dwelling except
a. Building or structure, exclusively used for rest and comfort.
b. It is necessary that the victim owns where she lives or dwells.
c. Dwelling includes dependencies such as the foot of the staircase and enclosure under the
house.
d. Dwelling cannot be appreciated as an aggravating circumstance when the rape is
committed on the ground floor of a two-story structure, the lower floor being used as a
video rental store and not as a private place of abode or residence.
20. All statements are true regarding treachery except
a. The essence of treachery is that by virtue of the means, method or form employed by the
offender, the offended party was not able to put up any defense.
b. The treacherous character of the means employed in the aggression does not depend
upon the result thereof but upon the means itself.
c. Treachery may still be appreciated even when the victim was forewarned of danger to his
person. What is decisive is that the execution of the attack made it impossible for the
victim to defend himself or to retaliate
d. None of the above
e. All of the above
21. All are special Aggravating Circumstances except
a. Organized or Syndicated crime group
b. Use of Loose firearms
c. Use of Explosives
d. Use of Dangerous drugs
e. All of the above
f. None of the above
22. Anselmo was indicted for violation of City Ordinance regarding throwing of garbage in the road.
He was convicted and the fine of 5,000 was imposed to him. Which statement is applicable?
a. Subsidiary imprisonment may be applied to him.
b. Subsidiary imprisonment cannot apply to him
c. Subsidiary imprisonment may be conditionally applied to him
d. None of the above is applicable
e. All are applicable
23. Kenneth is convicted of acts of lasciviousness. In the information, it was alleged and proved that
he committed it with ignominy and was perpetrated in the house of the victim. However, he
voluntarily surrendered. If he is sentence to suffer Arresto Mayor, what will be his proper
penalty?
a. Maximum od Arresto Mayor
b. Medium of Arresto Mayor
c. Minimum of Arresto Mayor
d. Arresto Menor
24. All are modes of extinguishment of criminal liability except
a. Acquittal

5. b. Prescription of penalty
c. Amnesty
d. Grant of demurrer to evidence
e. All of the above
f. None of the above
25. Almost all crimes against national security and the law of nations are committed during war
except
a. Espionage
b. Inciting to War or Giving Motives for Reprisals
c. Correspondence with Hostile Country
d. Violation of Neutrality
e. A,B and C
f. A,B and D
26. While on board MV Soledad, Engr. A killed the ship captain by poisoning beverages so that he can
maneuver its route. Instead of going to Italy, he re-routed it to Belgium. What crime was
committed?
a. Homicide
b. Murder
c. Qualified Piracy
d. Mutiny
27. Mayor Benito is annoyed of one of his constituent Poldo, because the latter would brag that the
mayor is futile. Angry, Mayor Benito went to the house of Poldo. He uttered these words Bibgyan
kita ng 3 araw para lumayas sa bayan na ito, kapag andito ka pa din matapos ang tatlong araw,
makikita mo hinahanap mo”. Mayor Benito committed what crime?
a. Grave coercion
b. Expulsion
c. Violation of Graft and Corrupt Act
d. All of the above
e. None of the above
Hector, brother of Alvin, with the intention of having a night out with his friends, took the coconut shell
which is being used by Alvin as a bank for coins from inside their locked cabinet using their common key.
Forthwith, Hector broke the coconut shell outside of their home in the presence of his friends.
28. What is the criminal liability of Hector, if any?
a. No criminal liability
b. Theft
c. Robbery with force upon things
d. Robbery with intimidation or threat
29. Is Hector exempted from criminal liability under Article 332 of the revised Penal Code for being a
brother of Alvin?
a. Yes, Hector is exempt from criminal liability under Art. 332 because said Article applies to
theft, robbery, swindling or malicious mischief

6. b. Yes, Hector is exempt from criminal liability under Art 332 because said Article applies to
theft, robbery, or malicious mischief
c. No, Hector is not exempt from criminal liability under Art. 332 because said Article applies
only to theft, unjust vexation or malicious mischief
d. No, Hector is not exempt from criminal liability under Art. 332 because said Article applies
only to theft, swindling or malicious mischief
30. Andres was convicted of frustrated homicide and was sentenced to 6years and 1 day as minimum,
to 8 years of prision mayor as maximum. Andres appealed his conviction to the Court of Appeals,
which convicted him of attempted homicide, and sentenced him to 6 months of arresto mayor
as minimum, to 4 years of prision correccional as maximum. Instead of appealing his conviction,
Andres filed an application for probation with the Regional Trial Court. Is Andres qualified to avail
of the benefits of the probation law?
a. No, because when he filed a notice of appeal with the Court of Appeals, he waived his
right under the probation law.
b. Yes, because after his appeal, he is now qualified for probation as the sentence imposed
on him was less than 6years.
c. Yes, because the probation law is meant to favor the accused.
d. No, because his previous sentence of more than 6 years disqualified him thus he can no
longer avail of probation as an alternative remedy.
31. When may Indirect Assault be committed?
a. When the assault was directed to person who come into the aid of PIA
b. When the assault was directed to person who come into the aid of APIA
c. Both A and B
d. Neither A nor B
32. Adrian, a criminology student took the uniform of his policeman father and wore it. What felony
was committed?
a. No criminal liability since there was no evil intent to commit a crime
b. Usurpation of Authority
c. illegal use of insignia or uniform
d. all of the above.
33. If Adrian wore the said uniform and told his neighbors, “I am now at your service… Pat. Adrian”
What Felony was committed?
a. No criminal liability since there was no evil intent to commit a crime
b. Usurpation of Authority
c. illegal use of insignia or uniform
d. all of the above.
34. Yod, a drunkard, while walking home swaying saw 3 women Aida, Lorna and Fe. Wanting to elate
the women, he showed his penis after a loud laugh. Aida laugh at him while saying “Jutay”. Lorna
hurriedly went home and said “batrip yang Yod nay an”. As for Fe when Yod exposed his penis,
the reaction of Fe was “eeeeeeeeeeew ang laswa” What crime was committed?
a. Yod committed Grave Scandal
b. Yod committed Grave scandal and unjust vexation
c. Yod committed Grave Scandal and Slander by Deeds
d. Yod committed Grave Scandal, unjust vexation and slander by deeds

7. 35. Pat. Patola lives in a slum area. The sight of Tupada and Binggohan are normal to him as he grew
up seeing this. Now that he is already a member of PNP and expected to enforce law, would he
incur any criminal liability if he ignores what he sees?
a. Yes, for maliciously Refraining from instituting prosecution against violators of the law
b. Yes, for maliciously Tolerating the commission of offenses.
c. No, as he grew up living that kind of life
d. A and B are correct
e. No appropriate answer.
36. All are elements of qualified Bribery except
a. Offender is a public officer entrusted with Law enforcement;
b. He refrains from Arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death;
c. Offender refrains from arresting or prosecuting in Consideration of any offer, promise,
gift, or present.
d. None of the above
e. All of the above
37. JO1 Mayuga is irritated to an inmate. Every time their ways cross, JO1 Mayuga would slap the
inmate even in front of the others. JO1 Mayuga is guilty for what crime?
a. Slander by Deed
b. Physical Injury
c. Maltreatment of Prisoner
d. Abuse of authority
Kim is married to John. They are living together for 10 years already but things are getting colder for them
so they have decided to live in a separate room in the house. While on his way to work, Jon noticed that
his phone is nowhere to be found so he went back to his house. To his surprise, he saw Kim on top of Dave
riding him like a wild rodeo. John took his gun and fired at them. Both died.
38. What crime John committed for the killing of Kim?
a. Murder
b. Homicide
c. Parricide
d. None of the above
39. What crime John committed for killing Dave?
a. Murder
b. Homicide
c. Parricide
d. None of the above
40. For what crime John will be liable for killing Kim and Dave?
a. Violation of Art. 247
b. Murder and Parricide
c. Both A and B
d. Neither A and B

8. 41. Which of the following is not an element of the crime of fencing?
a. Robbery or theft has been committed.
b. The accused, who is an accessory or accomplice in the crime of robbery or theft, buys,
receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in
any manner deals in any article, item, object, or anything of value, which has been derived
from the proceeds of the said crime.
c. The accused knows or should have known that the said article, item, object or anything of
value has been derived from the proceeds of the crime of robbery or theft.
d. There is, on the part of the accused, intent to gain for himself or another.
42. Rape through sexual assault is committed by doing the following acts except
a. By inserting his Penis into another person's mouth or anal orifice
b. By inserting any Instrument or object into the genital or anal orifice of another person c.
By using Force or intimidation
d. By means of fraudulent Machination or grave abuse of authority
e. None of the above
43. Alvin, with intent to Rob the house of Aling Naty, was caught by the policeman while holding the
doorknob of the house. When searched, an ATM card was seen in his hand. Did he commit any
crime?
a. Yes, he committed attempted Robbery
b. Yes, he committed attempted trespass to dwelling
c. Yes, he committed illegal possession of picklock
d. Yes, he committed unjust vexation
44. In altercation, Sonia exclaimed, Putang ina mo Mida, papatayin kita sa Barang… makikita mo.
Did Sonia committed a crime? What it is if any?
a. Light Threat
b. Grave Threat
c. Other light threat
d. Unjust vexation
45. All statements are true regarding Robbery with Homicide except
a. All the felonies committed by reason of or on the occasion of the robbery (e.g., rape,
intentional mutilation, etc.) are not integrated into one and individisible felony of robbery
with homicide
b. A conviction for robbery with homicide requires certitude that the robbery was the main
purpose and objective of the criminals and that the killing was merely incidental, resulting
merely by reason or on the occasion of the robbery.
c. By reason or on occasion of the robbery” - means that the homicide or serious physical
injuries must be committed in the course or because of the robbery. Otherwise, they shall
be separate offenses
d. All the homicides or murders are merged in the composite, integrated whole, so long as
all the killings were perpetrated by reason or on the occasion of the robbery.
46. In order to evade payment of creditor, Ariel, transferred to name of his son all properties named
under him. He is guilty of what crime?
a. Estafa
b. Fraudulent insolvency

9. c. No criminal Liability pursuant to the provision of Art III sec 20 of the 1987 constitution d.
Unjust enrichment
47. Angry at his wife Melai and in order to get even of her frequent nagging. Mike struck the TV of
Melai in their room. When ask why he did it, Mike only said “ganto ganti din pag may time”. What
crime he committed?
a. Malicious Mischief
b. Violation of R.A. 9262
c. Both
d. Neither
48. Promoting or facilitating the prostitution of persons underage (below 18 years old) to satisfy the
lust of another
a. Child Abuse
b. Trafficking in Person
c. Corruption of Minor
d. None of the above
e. All of the above
49. A battered woman claiming self-defense under the Anti-Violence against Women and Children
must prove that the final acute battering episode was preceded by
a. 3 battering episodes.
b. 4 battering episodes.
c. 5 battering episodes.
d. 2 battering episodes.
50. It is the willful act by any person of maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert act, whatever quantity of any
dangerous drug and/or controlled precursor and essential chemical in the person, house, effects
or in the immediate vicinity of an innocent individual for the purpose of implicating of R.A. 9165.
a. Planting of evidence
b. Malicious prosecution
c. Wilful machination
d. Drug running
51. MTC has jurisdiction to the following cases except
a. Offenses involving damage to property through criminal negligence
b. Special jurisdiction to decide on applications for bail in the absence of all RTC judges in a
province or city
c. Violations of city or municipal ordinances committed within their territorial jurisdiction
d. Offenses punishable with imprisonment exceeding 6 years irrespective of the amount of
fine, and regardless of other imposable or accessory penalties, including civil liability
irrespective of its kind, nature, or value
e. None of the above
52. Conditions for a private prosecutor to prosecute a criminal action except
a. The public prosecutor has heavy work schedule or there is no public prosecutor assigned
in the province or the city

10. b. The private prosecutor is authorized in writing by the Chief of the Prosecutor office or the
Regional State Prosecutor
c. The authority of the private prosecutor was approved by the Court
d. The private prosecutor shall continue to prosecute the case up to the end of the trial
unless the authority is revoked or otherwise withdrawn
e. None of the above
53. In an information, instead of Kinneth Fabillar what was indicated was Kenneth Fabillar. The
accused filed motion to quash on the ground of failure to comply the prescribe form. Should the
motion be granted?
a. Yes, it must be dismissed. correct name must be indicated in the information as it may
refer to different person.
b. Yes, it must be dismissed. correct name must be indicated in the information otherwise,
the right to information may be violated
c. No, it must not be dismissed. Mistake does not necessarily amount to a mistake in the
identity of the accused especially when sufficient evidence is adduced to show that the
accused is pointed to as one of the perpetrators of the crime.
d. No, it must not be dismissed as it can be amended any time before arraignment and plea.
54. Preliminary Investigation is
a. Not a trial of the case on the merits” and does not place the persons against whom it is
taken in jeopardy
b. Merely inquisitorial, and it is often the only means of discovering the persons who may
reasonably be charged with a crime, to enable the prosecutor to prepare his complaint or
information
c. This is a substantive right. To deny the accused’s claim to a PI would be to deprive him of
the full measure of his right to due process
d. None of the above
e. All of the above
55. The following may conduct Preliminary investigation except
a. Judges of Municipal Trial Court
b. Provincial/city prosecutors and their assistants
c. Ombudsman: over cases public officers and employees
d. Presidential Commission on Good Governance with assistance of the OSG: over cases
investigated by it
e. COMELEC: over all election offenses punishable under the Omnibus Election Code
56. Remedies of Accused If There Was No Preliminary Investigation
a. Call the attention of the court to the deprivation of the required PI before entering his
plea
b. After the filing of the complaint/information in court without a PI, the accused may within
5 days from the time he learns of its filing, ask for a PI with the same right to adduce
evidence in his defense as provided in Rule 112

11. c. File a certiorari, if refused and such refusal is tainted with grave abuse of discretion d.
None of the above
e. All of the above
57. Is an informal and summary investigation conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether said persons should remain under custody and
correspondingly be charged in court
a. Inquest
b. Preliminary Investigation
c. Arraignment
d. Trial
58. Other lawful warrantless arrests not provided by ROC except
a. If a person lawfully arrested escapes or is rescued, any person may immediately pursue
or retake him without a warrant at any time and in any place within the Philippines
b. For the purpose of surrendering the accused, the bondsmen may arrest him or, upon
written authority endorsed on a certified copy of the undertaking, cause him to be
arrested by a police officer or any other person of suitable age and discretion
c. An accused released on bail may be re-arrested without the necessity of a warrant if he
attempts to depart from the Philippines without permission of the court where the case
is pending
d. All of the above
e. None of the above
59. When invalid arrest is cured
a. When the accused voluntarily submits to the jurisdiction of the trial court
b. By the filing of an information in court and the subsequent issuance by the judge of a
warrant of arrest
c. Both
d. Neither
60. Bail is a matter of right except
a. Bail on offenses where minors are accused
b. Before or after conviction, but pending appeal, by the first-level courts
c. Before conviction by RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment
d. All of the above
e. None of the above
61. Ruiz was convicted for 8 years for homicide by RTC. Prior to this, he was also convicted of Serious
Physical Injury. He is now applying for Bail. Is Ruiz qualified for bail?
a. Yes, he is qualified because he was not convicted of crime with capital penalty.
b. Yes, he is qualified because he is also qualified to appeal

12. c. No, he is not qualified because he is a recidivist
d. No, he is not qualified because he is a habitual offender
62. Duty of the court before arraignment except
a. Inform the accused of his right to counsel
b. Let him avail of remedies that were deprived of him
c. Ask him if he desires to have his own counsel
d. Must assign a counsel de officio to defend him if necessary
63. is one without proper information as to all the circumstances affecting it; based upon a mistaken
assumption or misleading information/advice
a. Undesirable Plea
b. Misunderstood Plea
c. Careless Plea
d. Improvident Plea
64. The following are grounds of motion to quash except
a. The information does conform substantially to the prescribed form
b. Criminal action or liability has been extinguished
c. Averments which, if true, would constitute a legal excuse or justification
d. Accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent
65. In the presentation of evidence during the trial, Atty. X objected on the ground that the evidence
was not previously marked during the pre trial. May the evidence be still admitted?
a. Yes, it is a right of a party in a case.
b. Yes, provided he can prove the absence and unavailability of the said evidence during the
pre-trial
c. Yes, provided the other party agrees
d. Yes, when allowed by the judge
66. Requisites as to the Testimony to be a State Witness except
a. Absolute necessity for the testimony of the accused whose discharge is requested
b. There is other direct evidence available for the proper prosecution of the offense, except
the testimony of the said accused
c. The testimony can be substantially Corroborated in its material points
d. The accused does not appear to be the Most guilty
e. The accused has not, at any time, been convicted of any offense involving Moral turpitude
67. is a motion to dismiss due to the insufficiency of the evidence presented by the prosecution to
overturn the presumption of innocence in favor of the accused.
a. Motion to quash
b. Demurrer to Evidence

13. c. Both
d. Neither
68. Content of judgment except
a. The Legal Qualification of the offense constituted by the acts committed by the accused
and the aggravating/mitigating circumstances which attended its commission
b. The Penalty proposed upon the accused
c. The Participation of the accused in the offense, whether as principal, accomplice or
accessory after the fact
d. The Civil liability or Damages caused by his wrongful act/omission to be recovered from
the accused by the offended party, if there is any, unless the enforcement of the civil
liability by a separate civil action has been reserved/waived.
69. Judgement becomes final in these cases except
a. After the lapse of the period for perfecting an appeal;
b. When the sentence has been partially/totally satisfied or served;
c. The accused has waived in writing his right to appeal;
d. When the accused has applied for probation;
e. None of the above
f. All of the above
70. Remedies of the Accused against a Judgment of Conviction
a. Modification of judgment , Annulment of judgment, Motion for new trial
b. Motion for reconsideration , Appeal from judgment
c. Reopening of proceedings
d. a and b are correct
e. b and c are correct
71. The Rules require the judge to comply with a specific procedure in the conduct of the examination
of the complainant and the witnesses he may produce in issuing search warrant. Which is not
true
a. The examination must be personally conducted by the judge;
b. The examination must be in the form of searching questions and answers;
c. The complainant and the witnesses shall be examined on those facts personally known to
them;
d. The statements must not be in writing and under oath;
e. The sworn statements of the complainant and the witnesses, together with the affidavits
submitted, shall be attached to the record.
72. Exceptions to the Search Warrant Requirement except
a. Search Incidental to Lawful Arrest , Consented Search, Search of a Moving Vehicle
b. Checkpoints; Body Checks in Airport, Plain View , Stop and Frisk, Enforcement of Customs
Law
c. Exigent and Emergency Circumstances
d. Buy-Bust Operation, Private Searches
e. None of the above

14. 73. Remedies From Unlawful Search And Seizure except
a. Employ any means to prevent the search
b. File civil action against officer
c. File a motion to quash the illegal warrant
d. File a motion to return things seized
e. Motion to suppress evidence
74. The evidence is not excluded by law
a. Relevant
b. Material
c. Competent
d. Conclusive
75. A document was presented in court. However, it lacks the required documentary stamp tax. What
rule has been violated
a. Competence
b. Relevance
c. Materiality
d. Conclusiveness
76. Proof of facts from which, taken collectively, the existence of a particular fact in dispute may be
inferred as a necessary or probable consequence
a. Direct evidence
b. Circumstantial evidence
c. Credible Evidence
d. negative evidence
77. refers to the situation where the evidence of the parties are evenly balanced or there is doubt on
which side the evidence preponderates.
a. Pro reo
b. Rule on lenity
c. Equipoise Doctrine
d. Noe of the above
78. This is not example of Disputable presumption
a. Person takes ordinary care of his or her concerns;
b. Money paid by one to another was due to the latter;
c. Person is innocent of crime or wrong;
d. Prior rents or installments had been paid when a receipt for the later ones is produced;
e. A tenant is not permitted to deny the title of his or her landlord at the time of the
commencement of the relation of landlord and tenant between them

15. 79. Means that the evidence adduced by one side is, as a whole, superior to or has greater weight
than that of the other
a. Proof Beyond Reasonable Doubt
b. Substantial Evidence
c. Preponderance of Evidence
d. Clear and Convincing Evidence
80. Quantum of evidence used to prove that a person is entitled to bail
a. Proof Beyond Reasonable Doubt
b. Substantial Evidence
c. Preponderance of Evidence
d. Clear and Convincing Evidence
81. Consist of writings, recordings, photographs, or any material containing letters, words, sounds,
numbers, figures, symbols, or their equivalent, or other modes of written expressions offered as
proof of their contents.
a. Real Evidence
b. Documentary evidence
c. Testimonial evidence
d. Competent evidence
82. Can Parole Evidence can be introduced in the following situation except
a. Intrinsic ambiguity, mistake or imperfection in the written agreement
b. Failure of the written agreement to express the true intent and agreement of the parties
thereto
c. invalidity of the written agreement
d. Existence of other terms agreed to by the parties or their successors-in-interest after the
execution of the written agreement.
83. Why mental immaturity, mental insanity and dead man’s statute removed in the amended Rules
on Evidence as regards disqualification of witness
a. So that it will be placed in the exception to hearsay rule
b. Because it becomes redundant to the basic requirement of able to perceive and perceiving
can make his perception known to others.
c. Because it is these are objectionable as it is
d. A. B. and C are correct
84. As a general rule, leading questions are not allowed. The following are exception except
a. On cross examination
b. On preliminary matters
c. When there is difficulty in getting direct and intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute
d. Of an unwilling or hostile witness

16. e. Of a witness who is an adverse party or an officer, director, or managing agent of a public
or private corporation or of a partnership or association which is an adverse party f. All of
the above
g. None of the above
85. as an exception to the hearsay rule, refers to those exclamations and statements made by either
the participants, victims, or spectators to a crime immediately before, during, or after the
commission of the crime, when the circumstances are such that the statements were made as a
spontaneous reaction or utterance inspired by the excitement of the occasion and there was no
opportunity for the declarant to deliberate and to fabricate a false statement
a. Dying Declaration
b. Res Gestae
c. Independently relevant statement
d. Common Reputation
86. As a general rule, the warrant of arrest is directed to be served in ________.
a. any time of the day or night
b. day time
c. anytime at night
d. anytime of the day
87. Which among the following is NOT a requisite for evident premeditation and therefore should
not be appreciated?
a. one day meditation/ reflection and offered reward to killer
b. sudden outburst of anger
c. sufficient interval of time between crime was conceived and actual perpetuation
d. time when offender planned to commit the offense
88. Which is NOT a requisite before a court can validly exercise its power to hear and try a case? a. none
of these
b. it must have jurisdiction over the subject matter
c. it must have jurisdiction over the person of the accused
d. it must have jurisdiction over the territory where the offense was committed
89. A, with intent to kill, fired a revolver at B, he inflicted a fatal wound. A brought B to the hospital and
due to timely medical assistance, B survived. What crime did A commit?
a. physical injuries
b. frustrated felony
c. attempted felony
d. no criminal liability
90. John stabbed Pedro three times resulting to the latter’s death. Due to circumstantial evidence
presented, it was found out that Pedro is John’s brother. What crime was committed?
a. murder
b. Homicide
c. Parricide

17. d. infanticide
91. A proceeding for review by which the whole case is elevated to higher court for final adjudication is
called:
a. appeal
b. reconsideration
c. review
d. remand
92. A witness testifying on matter which he learned from other person is said to be introducing
____________ evidence.
a. direct
b. circumstantial
c. hearsay
d. corroborative
93. The legal duty of a prosecuting officer to file charges against whomsoever the evidence may show to
be responsible for the offense means that __________.
a. None of these
b. Prosecutor has no discretion at all
c. Prosecutor has all the discretion
d. Discretion in determining evidence submitted justifies a reasonable belief that a person
committed an offense
94. What kind of personal property can be subject of search or seizure?
a. fruits of the offense or those used or intended to be used as means of committing an offense
b. Subject of the offense
c. stolen or embezzled property
d. all of these
95. In a fit of jealousy, Dovie set fire on the “Banana Republic” boxer shorts of her boyfriend, Fred. What
crime did Dovie commit?
a. Malicious mischief
b. Slight physical injury
c. Reckless imprudence
d. Arson
96. What is the duty of the prosecutor when he is said to “direct and control” the prosecution of the
criminal case?
a. To submit himself to the wishes of the court
b. To turn over the presentation of evidence
c. To be physically present during proceedings
d. To impose his opinion to the trial

18. 97. Which of the choices below is among the rights of the accused?
a. All of these
b. To have speedy, impartial and public trial
c. To be informed of the nature and cause of the accusation against him
d. To be presumed innocent until the contrary is proved beyond reasonable doubt
98. X, with the intention to kill Y, loaded his gun and went to the house of Y. He found him sleeping on
his bed. He fired all the bullets at Y, without knowing that three hours before, he died of cardiac
attack.
What crime he will be indicted?
a. Intentional homicide
b. Murder
c. Homicide
d. Impossible crime
99. It is the sum total of instrumentation which a society uses in the prevention and control of crime and
delinquency
a. Criminal Justice System
b. Criminal Judicial System
c. Either A or B
d. Neither A nor B
100. The Punong Barangay will be the one who hear the case. What stage is being referred to?
a. Conciliation
b. Mediation
c. Arbitration
d. None of the above