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Criminal Jurisprudence and Procedure

This document contains a 29-item multiple choice test on topics related to criminal jurisprudence and procedure. The test covers subjects like compound crimes, grounds for arrest, aggravating and mitigating circumstances, elements of specific crimes, jurisdiction, duties of prosecutors, recidivism, requisite elements of self-defense, criminal liability exemptions, complaints/informations, premeditation, prescription periods for crimes, negligence, probable cause for searches, court jurisdiction, handwriting analysis techniques, crime scene investigation methods, fingerprint patterns, and forensic equipment.
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0% found this document useful (0 votes)
380 views10 pages

Criminal Jurisprudence and Procedure

This document contains a 29-item multiple choice test on topics related to criminal jurisprudence and procedure. The test covers subjects like compound crimes, grounds for arrest, aggravating and mitigating circumstances, elements of specific crimes, jurisdiction, duties of prosecutors, recidivism, requisite elements of self-defense, criminal liability exemptions, complaints/informations, premeditation, prescription periods for crimes, negligence, probable cause for searches, court jurisdiction, handwriting analysis techniques, crime scene investigation methods, fingerprint patterns, and forensic equipment.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CRIMINAL JURISPRUDENCE AND PROCEDURE

INSTRUCTION: Select the correct answer for each of the following question. Mark only one answer for
each item by shading the box STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.

1. Which of the following is a compound crime?


a. A man fired his revolver twice in succession directed against two different persons,
killing one person and the other.
b. NONE of these
c. Placing a time bomb in a plane, which caused it to explode in mid-air killing 13 persons
therein
d. The accused fired his Thompson sub-machine gun at several persons. The first burst of
shots hit three persons. The accused let loose a second burst of shots wounding 2 others

2. When may a person be arrested without a warrant?


a. When an offense has just been committed and the arresting officer or private person
has probable cause to believe based on personal knowledge of facts or circumstances
that a person to be arrested has committed it
b. All of these
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment, etc.
d. When in the presence of the arresting officer or private person, the person to be
arrested has committed, is actually committing or is attempting to commit an offense
3. Which aggravating circumstance generally, can be applied to all offenses like dwelling,
recidivism, in consideration of price, reward or promise?
a. Specific c. Qualifying
b. Inherent d. Generic
4. 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 crime was committed, if there is any?
a. Frustrated arson c. Attempted arson
b. Consummated arson d. NONE of these
5. Which of the following crimes over which the Philippine laws have jurisdiction even if
committed outside the country?
a. Espionage c. Treason
b. Piracy and Mutiny d. all of these
6. In filling a complaint or information, how is the real nature of the crime charged
determined?
a. Law specifically
b. Facts recited in the complaint or information
c. Title at the charge sheet
d. Evidence to be presented
7. Which of the following statement is NOT true?
a. In justifying circumstance, there is no civil liability except in causing damage to
another in state of necessity
b. A person who acts by virtue of a justifying circumstance does not transgress the law
because there is nothing unlawful in the acts as well as in the intention of the actor
c. NONE of these
d. In exempting circumstance there is a crime but there is no criminal
8. For a waiver of the rights of a person under custodial investigation to be valid, how must it
be made?
a. All of these
b. Voluntarily, intelligently and knowingly
c. Waiver in writing
d. With counsel’s presence and assistance
9. Which of the following is an exempted circumstance?
a. An act done under the impulse of an uncontrollable fear of an equal or greater injury
b. An act done in obedience to an order by a superior for some lawful purpose
c. Having acted upon an impulse so powerful as to have naturally produced passion and
obfuscation
d. An act done in fulfillment of a duty or in the lawful exercise of a right or office
10. 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
11. Accused was convicted of Homicide on September 15, 1983. No appeal was made; judgment
became final on October 1, 1983. He got his second conviction rendered on October 26,
1993 for Murder. He is called by law as a ___________.
a. Hardened criminal c. Recidivist
b. Habitual offender d. Habitual delinquent
12. Speedy Gonzales (SG), the accused saw a 28 year old Ms. Jenny near the gate of her
residence. Without a word, SG kissed Ms. Jenny on the cheek and bricked softly his hands
on to her left breast. No one saw the incident. What crime was committed by SG in any?
a. Acts of Lasciviousness c. Unjust vexation
b. Attempted rape d. Seduction
13. Which of the following circumstances are considered mitigating?
a. All of these
b. Offender had no intention to commit so grave a wrong as that committed
c. Offender is over seventy (70) years old
d. Incomplete justifying and incomplete exempt service
14. Which is NOT a common requisite in justifying circumstances of self-defense, defense of a
relative and defense of a stranger?
a. NONE of these
b. Unlawful aggression
c. Reasonable necessity of the means employed to prevent or repel it
d. The person defending be not induced by revenge, resentment, or other evil motive
15. Which of the following is exempted from criminal liability?
a. All of these c. Insane
b. Imbecile d. Moron
16. What is that accusation made in writing charging a person with an offense, subscribed by
the prosecutor and filed with the court?
a. Counter affidavit c. affidavit
b. Information d. Complaint
17. 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 time crime was conceived and actual
perpetuation
d. Time when offender planned to commit the offense
18. Which of these in NOT a requisite of “avoidance of greater evil or injury?”
a. That the injury feared be greater than the injury done to avoid it
b. That the means used to avoid the injury is lawful
c. That the evil sought to be avoided actually exists
d. That there be no practical or less harmful means of preventing it
19. What is the period of prescription of crimes punishable by death, reclusion perpetual or
temporal?
a. 15 years c. 20 years
b. 5 years d. 10 years
20. Which one of the following does not belong to the group?
a. Lack of skill c. Negligence
b. Imprudence d. Intent
21. If Denia slapped Rica’s face in front of a lot of people in a party, what crime did Denia
commit?
a. Unjust vexation c. Physical injury
b. Slander by deed d. Malicious mischief
22. __________ are facts and circumstances that would lead a reasonably discreet and prudent
man to believe that an offense has been committed and that the object sought in
connection with the offense are in the place to be searched.
a. Probable cause c. NONE of these
b. Warrant of arrest d. Search warrant
23. 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 subjects 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
24. In handwriting examination, what is the act of intermittently forcing the pen against the
paper surface with increased pressure?
a. Pen pressure c. Pen emphasis
b. Pen position d. Pen Lift
25. Which of these tests is by far the most useful techniques in the laboratory for detecting
accelerants?
a. Distillation c. Head space
b. Gas chromatography d. Solvent extraction
26. There are two types of color films, the negative and reversal. Which of the following suffix
indicates the negative one?
a. Color c. Ortho
b. Chrome d. Pan
27. What lens has the focal length that is equal to the measure between the corner to the
center of the image area?
a. Telephoto c. Wide angle
b. Zoom d. Normal
28. What is the downward slope of the ridges above the core formed from the direction of the
thumb towards the little finger?
a. Accidental whorl
b. Central pocket loop whorl
c. Ulnar loop
d. Loop
29. Which of the following technical equipment is used for night photography?
a. Wide-aperture standard lens for the pictures featuring people
b. Use of zoom lens for light-blur effects
c. Cable release
d. All of these
30. What term is used for any repeated element of detail which may serve to individualize
writing?
a. Changes c. Habits
b. Style d. Peculiarities
31. Which of the following blood agents is commercially available and can be weaponised as
liquids, is lighter than air, non-persistent and smells like bitter almonds?
a. Lewisite (L) c. Hydrogen cyanide
b. Cyanogens d. Phosgine oxime
32. What is that two innermost ridge running parallel with each other and diverging at a certain
point surrounding the pattern area?
a. Pattern area c. Convergence
b. Divergence d. Type lines
33. Why is the enlarger described as OPPOSITE of the camera?
a. None of these
b. It can only record events
c. It CANNOT takes pictures
d. It serves as a view finder
34. What photography makes use of microscope and is used to record minute evidence such as
powdered debris, stains, hairs and fibers?
a. Microphotography c. Ultraviolent
b. Camcorders d. Infra red luminous
35. There are three types of criminal procedure: the accusatorial, the inquisitorial and what is
the other type?
a. Mixed c. Peculiar
b. Secular d. Directorial
36. A public officer appropriating public funds and misappropriating public property are
examples of what kind of an offense?
a. None of these
b. Malversation
c. Possession of prohibited interest by a public officer
d. Fraud
37. What will be the effect on the criminal liability of the accused who was sane when he
committed the crime, but became insane at the time of the trial?
a. He is exempt from the criminal liability under paragraph 1 of Article 12 of the
Revised Penal Code
b. He is still criminally liable but his trial will be suspended until his mental capacity will
be restored to afford a fair trial
c. His criminal liability is extinguished
d. NONE of these
38. When is jurisdiction over the person of the accused acquired?
a. Some of these
b. Upon his receipt of summons
c. Upon his arrest
d. Upon his voluntary appearance
39. What power promotes the public welfare by restraining and regulating the use of liberty and
property?
a. Law enforcement c. Eminent domain
b. All of these d. Police
40. What is the effect of the death of the offended party in a criminal action for libel?
a. No effect at all
b. The criminal liability is partially extinguished
c. The criminal liability is extinguished
d. The criminal liability is NOT extinguished
41. Which of the following statement is NOT true?
a. In vindication, the grave offense must be made directly only to the person committing
to felony
b. In vindication, the vindication of the grave offense must be proximate which admits of
an interval of time between the grave offense done by the offender and the commission
of the crime by the accused
c. In provocation, it is necessary that the provocation or threat immediately preceded the
act ,or there must be no interval of time between the provocation and the commission
crime
d. In provocation, the cause that brought about the provocation need not to be a grave
offense.
42. One of the two requisites of admissibility of evidence is when it is relevant to the issue and
what is the other requisite?
a. It observes continuity of rules
b. It is not excluded by law or rules
c. It multiplies admissibility chances
d. It has a heavy weight of evidence

43. Who is exempt in all cases, from criminal liability?


a. A person under nine years of age
b. An insane
c. An imbecile
d. Some of these
44. Which of the form of slight physical injury in the list below?
a. Maltreatment c. 3rd degree burn
b. Loss of an eye d. mutilation
45. A 41 year old man had a carnal knowledge with a 25 year old woman who for reason of
mental abnormality has a mental capacity of 11 year old. However, the woman connected
to such carnal act. What is the effect of such consent?
a. There is a mitigating circumstance
b. Rape was committed
c. There is aggravating circumstance
d. There is NO rape
46. Which of the following terms means resorting to any device to conceal identity?
a. Disguise c. Craft
b. NONE of these d. Fraud
47. Which of the following constitutes waiver of any irregularity attending arrest?
a. Posting of bail
b. Filing a petition of bail
c. Entering a plea
d. All of these
48. The law governing the Witness Protection, Security and Benefit program
is________________.
a. R.A. 8551 c. R.A. 6981
b. R.A. 6975 d. R.A. 4864
49. B stabbed the victim, a 12 year old girl and while already at the threshold of death, B raped
her. What crime was committed?
a. Murder c. Rape
b. NONE of these d. Homicide
50. What is NOT an element of knowingly rendering a just judgment?
a. That the judgment is valid
b. Offender is a judge
c. That he renders a judgment in a case submitted to him for decision
d. NONE of these
51. How is accidental drunkenness appreciated as a circumstance in the commission of an
offense?
a. Exempting c. Mitigating
b. Justifying d. Aggravating
52. Which of the following is a mitigating circumstance?
a. Having acted upon an impulse so powerful as naturally to have produced passion
and obfuscation
b. An act done in obedience to an order by a superior for some lawful purpose
c. An act done under the impulse of an uncontrollable fear of an equal of greater
injury
d. An act done under the compulsion of an irresistible force
53. Under the local Government Code of 1991, what is the condition precedent that must be
satisfied before the institution of a criminal action in Court?
a. Settlement has been repudiated
b. Certification of no conciliation
c. Confrontation between parties at the lupon level
d. All of these
54. What is meant by the ”demurrer to evidence”?
a. Motion to inhibit c. Motion to deny
b. Motion to dismiss d. Motion to postpone
55. Which of the following documents is NOT a public document?
a. Accomplished municipal formed with NO signature
b. Deed of Absolute sale duly notarized
c. Marriage certificates that are Xeroxed
d. Baptismal certificates
56. Who are considered persons in authority?
a. Teacher c. A or d
b. Policeman d. Barangay Captain
57. What must an evidence be in order to become relevant to the issue?
a. Not be excluded by the rules
b. Not be offensive to our senses
c. Should not be contrary morals
d. Have a direct bearing and actual connection to the facts in issue
58. Which of following offices should Information is filed?
a. Prosecutor c. Police
b. Barangay d. Courts
59. What is that taking a person into custody so he answers for the commission of offense?
a. Imprisonment c. Confinement
b. Bail d. Arrests
60. What shall a peace officer do if he is refused admittance into a building where the person to
be arrested is believe to be in?
a. Wait outside until the person to be arrested decides to leave the building
b. After announcing his authority and purpose, the peace officer may break into any
building or enclosure where the person to be arrested is or is reasonably believed to
be
c. NONE of these
d. Leave the building and secure a court order to break into the building
61. What is that system of criminal procedure where the detection and prosecution of offenders
are not left to the initiative of private parties but to the officials and agents of the law?
Resort is made to secret inquiry to discover the culprit and violence and torture were often
employed to extract confession. The judge is not limited to the evidence brought before him
but could proceed with his own inquiry which is NOT confrontative.
a. Mixed system c. Inquisitorial
b. Accusatorial d. NONE of these
62. What is the best remedy of a person who is accused under a wrong name?
a. Ignore the charge
b. Enter a plea of NOT guilty
c. File a motion to quash on the ground of lack of jurisdiction
d. NONE of these
63. What is the rule in criminal law about doubts?
a. Proven doubts should be resolved in favor of the defendant
b. All doubts should be resolved in favor of the accused
c. Verified doubts should be resolved in favor of the accused
d. Doubts duly annotated is resolved in favor of the accused
64. What may be established by common reputation?
a. None of these
b. Individual moral character
c. Verbal acts
d. Lifestyles
65. In the conduct of searches and seizure, what is the proper time in making the search?
a. All of these
b. It must be directed to be serve in the day time
c. It must be directed to be served at any time of the day if property is in the place
ordered to be searched
d. It must be directed to be served any time of the day or night if the property is on the
person
66. __________ is an act of grace proceeding from the power entrusted with the execution of
laws which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime committed.
a. Amnesty c. NONE of these
b. Probation d. Pardon
67. 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 c. Slight physical injury
b. Reckless imprudence d. Arson
68. 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 court
69. Which among the following, best describes the moving power which impels one to action
for a definite result?
a. Mala in se c. Motive
b. Ignomita Facti Excusa d. Intent
70. Which ground for motion to quash is not waived even if NOT alleged?
a. NONE of these
b. Substantial non-conformity to the prescribed form
c. Failure to charge an offense
d. The officer who filed the action is not authorized
71. What are those circumstances that affect criminal liability because of the conditions which
make the act voluntary or that negligence is wanting as an agent of the crime.
a. Exempting circumstances
b. Justifying circumstances
c. Mitigating circumstances
d. Aggravating circumstances
72. Which of the choices below is among the rights of the accused?
a. All of these
b. To have a 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
73. X, with the intention to kill O, loaded his gun and went to the house of O. He found him
sleeping on his bed. He fired all the bullets at O, without knowing that three hours before,
he died of cardiac attack. What crime did X commit?
a. Intentional felony c. Murder
b. Homicide d. Impossible Crime
74. Grave abuse of confidence alleged in the information is what kind of aggravating
circumstance?
a. Generic c. Qualifying
b. Inherent d. Specific
75. What is basis of exempting a person from criminal liability under Article 12 of the Revised
Penal Code?
a. All of these
b. Complete absence of intelligence
c. Complete absence of freedom of action
d. Complete absence of intent
76. What is that question that arises in a case. The resolution of which is logical antecedent of
the issues involved in the said case, and the cognizance of which pertains to another
tribunal?
a. Any of these
b. Justiciable question
c. Both justiciable and prejudicial question
d. Prejudicial question
77. A man killed a child, what would be the proper charge?
a. Infanticide
b. Murder qualified by treachery
c. Homicide
d. Murder
78. Defendants John and Levy made an appeal from the judgment that convicted them of illegal
importation of opium. One of the errors assigned as claimed, is “permitting the government
principal witness to be in the courtroom while other witnesses were testifying”. The
exclusion of the witnesses by the court is_____.
a. Decided upon by the court
b. NOT sanctioned by the rules of court
c. Strictly prohibited by law
d. An error in judgment
79. Mayoralty candidates A & B in the city of Calamba are contesting each other’s votes
garnered during the last election. In this case, what could be best evidence to present in
court?
a. Ballots
b. Witnesses
c. Certification by the board of canvassers
d. Registration of Voters
80. Which is NOT a requisite in “obedience to an order issued for some lawful purpose”?
a. That the means used by the subordinate to carry out said order is lawful
b. NONE of these
c. That an order has been issued by a superior
d. That an order has been issued for some lawful purpose
81. What is meant by “discernment” under paragraph 3 Article 12 of the Revised Penal Code?
a. It is the mental capacity to understand the difference between right and wrong
b. It is the mental capacity of minor between 9 and 15 years of age to fully appreciate
the consequence
c. It is the ability to grasp the significant factors of a complex problem of a new
situation
d. Some of these
82. When Juan starts to commits indirectly by overt acts, a crime under the Revised Penal Code,
but does not perform all the acts of its execution because of an accident other than his own
spontaneous desistance, what stage in the commission of crime would his case fall?
a. Frustrated c. none of these
b. Consummated d. Attempted
83. Who among the following is NOT an agent of a person in authority?
a. Post master c. all of them
b. Policemen d. Municipal Treasurer
84. What is the effect of pardon by the President?
a. NONE of these
b. The pardoning power can be exercised even before conviction
c. The pardoning power of the President can be exercised only after conviction
d. The pardoning power does not extend to cases of impeachment
85. ___________ is the use of any device or article by the accused to conceal his identity.
a. Mistaken identity c. cover
b. Craft d. Disguise
86. What is the importance of classifying felonies based on gravity of penalties?
a. All of these
b. It ascertains whether the suspect is detainable
c. It gives the period that he may be legally detainable
d. It determines whether the cause if for inquest or not
87. __________ is an act of sovereign power granting a general pardon for a past offense and is
rarely, if ever, exercised in favor of a single individual and is usually exerted in behalf of
certain classes of persons, who are subject to trial but were not yet convicted.
a. Amnesty c. NONE of these
b. Probation d. General Pardon
88. Crimes against religious worship are two kinds: one is Interruption of religious worship and
the other one is _______.
a. NONE of these
b. Usurpation of powers
c. Offending the religious feelings
d. Revelation of religious secrets
89. An example of alternative circumstances would be _________.
a. All of these
b. Degree of instruction and education of the offender
c. Intoxication
d. Relationship of the offender and the offended party
90. Which of the following cases fall within the exclusive original jurisdiction of the
Metropolitan Trial Court, Municipal Trial and Municipal Circuit Trial Courts?
a. Accion publiciana
b. Probationable cases
c. Violations of city and municipal ordinances
d. Offenses punishable by reclusion perpetua
91. Noemi, a minor pretended he was of legal age an executed a deed of sale where he sold a
property he inherited in favor of Mrs. Ting. After the consummation of said contract, what
legal action can Noemi take?
a. She can rescind the contract.
b. She can recover the property on the ground of estoppel.
c. She can recover the property by seeking annulment of the contract.
d. She may apply for the recession of the contract.
92. Which of the following is a continuing offense?
a. After uttering defamatory words against the offended party, the accused attacked
and assaulted the latter, resulting in slight physical injuries.
b. None of these
c. The thief takes from the yard of a house to game roosters belonging to two
different persons.
d. The accused after robbing one house proceeded to rob another house and then to
another house where the third robbery was committed.
93. What is an effect of waiver of right to appear by the accused?
a. None of these
b. There is waiver of the right to present evidence.
c. The prosecution can present evidence if the accused fails to appear.
d. Both B and c
94. How is “silence of a person in a direct accusation” best treated?
a. As a self incrimatory reaction
b. As a quasi confession
c. As a judicial notice
d. As a quasi admission
95. What personal property CANNOT be seized?
a. Property used or intended to be used as a means of committing an offense
b. Property stolen or embezzled and other proceeds or fruits of the offense
c. Any property that can be used as an evidence to prosecute the offender
d. Property subject of the offense
96. _________ is the peril in which a person is put when he is regularly charged with a crime
before any tribunal properly organized and competent to try him.
a. Detention
b. Imprisonment
c. Jeopardy
d. None of these
97. In Metro Manila and other chartered cities, where shall the offended party file his
complaint?
a. Municipal Circuit Trial Court
b. Metropolitan Trial Court
c. Office of the Prosecutor
d. Regional Trial Court
98. Who grants absolute pardon?
a. Probation Officer
b. Director of the Bureau of Prisons
c. Judge
d. The Chief Executive
99. Who grants absolute pardon?
e. Probation Officer
f. Director of the Bureau of Prisons
g. Judge
h. The Chief Executive
100. It is said that searches of house, room or premises, should be made in the presence of
two witnesses. Who are these witnesses supposed to be?
a. Two members of the family
b. Two lawful occupants thereof
c. None of these
d. Witnesses of sufficient age and discretion residing in the same locality
101. Who shall enter a plea of guilty?
a. his counsel de officio
b. his authorizes counsel
c. self confessed accused
d. defendant himself in open court

102. It is said that searches of house, room or premises, should be made in the presence of
two witnesses. Who are these witnesses supposed to be?
a. Two members of the family
b. Two lawful occupants thereof
c. None of these
d. Witnesses of sufficient age and discretion residing in the same locality
103. Who shall enter a plea of guilty?
a. his counsel de officio
b. his authorizes counsel
c. self confessed accused
d. defendant himself in open court

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