CRIMINAL LAW AND JURISPRUDENCE

NAME: _____________________________________________SCORE:__________________

INSTRUCTION: Select the correct answer for each of the following questions. Encircle the
letter of your choice. STRICTLY NO ERASURES ALLOWED.

1. 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. File a motion to correct the name

2. An arrest may be made on any day and at ___________.

A. Any time of the day or night C. Daytime only
B. Weekdays only D. None of the above

3. X, intending to burn Y’s house bought a gallon of kerosene and a box of matches. X, realizing
that what he is about to do is wrong, he decided not to pursue his intention of burning Y’s house.
A committed:
A. Attempted Arson C. No crime was committed
B. Frustrated Arson D. Impossible Crime of Arson

4. What if X decided to push through with his plan and started dousing Y’s house with gasoline.
As he was about to light it, he was stopped by Y. A committed:
A. Attempted Arson C. Overt Acts
B. Frustrated Arson D. Impossible Crime of Arson

5. Dr. Antonio is a medico legal officer at the PNP crime laboratory. He conducted the autopsy
of Mr. Castro’s cadaver who was believed to be poisoned. The case was investigated by the
CIDG and the crime lab was asked to conduct the autopsy. According to the autopsy report
which was immediately accomplished by Dr. Antonio after conducting the autopsy shows that
Mr. Castro died of cyanide poisoning. Before Dr. Antonio could testify, he migrated to the U.S.
to work as a nurse. The prosecution presented the autopsy report to prove the cause of Mr.
Castro’s death. The defense objected on the ground of hearsay. The autopsy report is:
A. Hearsay, hence inadmissible B. Mere opinion, hence inadmissible
C. Admissible as Entries in the course of business D. Admissible as Entries in official records

6. The Mayor of Valenzuela City, accompanied by the City Engineer is surveying a public land
occupied by squatters. The Mayor is planning relocate the squatters to Bulacan so that the land
may be used for infrastructure project. The squatters opposed the plan. Ambo, one of the
squatters, slapped the Mayor on the face when the latter came near him. Ambo committed what
crime?
A. sedition C. direct assault
B. disturbance of proceedings D. no crime was committed

7. The Kilusan ng Mga Ungas (KMU) was organize by Pedro Ungas for the purpose of stirring
dissatisfaction among the workers in a factory and inflamed them to rise against the government
and over throw it. Juan is a member of the Kilusan. Juan is liable for what crime?
A. illegal assembly C. illegal association
B. sedition D. none

8. Six (6) men entered the house of Maria brandishing firearms and knives. After they ransacked
Maria’s house, they took money and jewelry. But before they left, they brought Maria to the
backyard where she was ordered to undress and thereafter raped by the six men. What crime(s)
was committed?
A. Robbery and Rape C. Complex crime of Robbery with Rape
 B. Theft and Rape D. Robbery only since the rape is absorbed
9. What if the six men ransacked Maria’s house while the latter was sleeping. As they were about
to leave the scene Maria woke up and saw them carrying her VCR and TV. She was forced by
the six men to go with them on board a waiting taxi. Upon reaching Monumento, Caloocan City,
the three men alighted. The remaining three men named X, Y and Z brought Maria to a nearby
motel where she was raped. What crime(s) was committed by X, Y and Z?
A. Robbery and Abduction with Rape C. Complex crime of Robbery with Rape
B. Theft and Rape D. Robbery only (rape is absorbed)

10. It may be defined as an act committed by a husband who keeps a mistress in the conjugal
dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is
not his wife, or shall cohabit with her in any place.
A. Concubinage C. Adultery
B. Immorality D. Rape

11. It is the act of a person for marrying for the second time, before the former marriage has been
legally dissolved or before the absent spouse has been judicially declared presumptively dead.
A. Polygamy C. Monogamy
B. Bigamy D. Moonlighting

12. A team of police officers was about to serve a warrant of arrest upon Mr. Ong, suspected
gambling lord in Bulacan. When the warrant of arrest was about to be issued, ten (10) of Mr.
Ong’s neighbors, all armed with knives, attacked the team but were repelled. Mr. Ong’s
neighbors committed what crime?
A. Rebellion C. Sedition
B. Inciting to Rebellion D. Direct Assault

13. Z, a member of the “Agaw-Armas Gang,” decided to rob a security guard of his firearm.
Fearing that the guard might beat him to the draw, the former decided to shoot him at the back.
When the guard’s dead body was sprawled on the floor, Z took his gun. What crime did Z
commit?
A. Murder C. Robbery only
B. Murder and robbery D. Robbery with Homicide

14. What if the original intention of Z is to kill the security guard because he found out that the
guard was having an affair with his wife. Fearing that the guard might beat him to the draw, he
decided to shoot him at the back. But after killing the guard, he took the latter’s gun. What crime
was committed by Z?
A. Murder C. Murder and Theft
B. Murder and robbery D. Robbery with Homicide

15. P is an assassin who was paid to kill Q. While Q was dining at a restaurant, P came from
behind and shot him twice in the head. R witnessed the incident and panicked. He (R)
immediately ran out of the restaurant and as he reached its main door he told the security guard:
“P shot Q” The security guard was presented as a witness since R went into hiding for fear of
reprisal from P in case he would testify against him. The security guard’s statement as to what R
said to him is:
A. Part of the res gestae C. Declaration against interest
B. Dying declaration D. Non-hearsay

16. A is accused of killing B. A denies the accusation. After the preliminary investigation, the
city Prosecutor found probable cause against B and a case for murder was filed against him
before the RTC, which issued a warrant for A’s arrest. Before the warrant could be served, A
went to Paraguay, a country with which the Philippines has no extradition treaty in order to avoid
prosecution. After one year A returned to the Philippines and was arrested immediately by the
police and prosecuted. A’s act of going to foreign country is:
A. Implied admission of guilt C. Confession
 B. Irrelevant D. None of the above

17. It is a felony wherein a person compels another by means of force, violence or intimidation
to do something against his will, whether right or wrong.
A. Grave threat C. Light threat
B. Grave coercion D. Light coercion

18. Under the law, the following are allowed to conduct Preliminary Investigation:
A. Provincial/City prosecutors C. National State Prosecutors
B. Judges of the MTC and MCTC D. All of them

19. PO1 Juan and PO2 Lugtu were patrolling the bus terminal of Victory Liner. They were there
to prevent street crimes and to provide police visibility. They received a tip that a person would
be transporting shabu. When they saw the person who matched the description in the tip, they
approached him and introduced themselves as policemen and asked him to show the contents of
his bag. The man agreed and they found out that he had with him several kilos of shabu. If you
were one of the policemen, what would you do?
A. Effect a warrantless arrest after the discovery of the drugs
B. Secure first a warrant to arrest the suspect
C. Secure first a search warrant on the bus
D. None of the above

20. It is referred to as Alevosia, or means or methods employed to ensure its execution.

A. Craft C. Deceit
B. Intent D. Treachery

21. A group composed of dive (5) men, all armed with sumpak raided the Chinese cemetery
destroying tombstones, burial sites and other property located therein. The purpose of the group
is to show their hatred toward the Chinese businessmen whom they allege of monopolizing the
local businesses. The crime committed by the group is:
A. Rebellion C. Sedition
B. Conspiracy to Commit Sedition D. No crime was committed

22. Robert, the accused saw a 28 year old girl Ms. Tisay near the gate of her residence. Without a
word, Robert kissed Ms. Tisay on the cheek and brisked softly his hands on to her left breast. No
one saw the incident. In a minute, Robert left Ms. Tisay, who got shocked and speechless. What
crime was committed by Robert if any?
A. Acts of lasciviousness C. Unjust vexation
B. Attempted rape D. Seduction

23. 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, 1983 for
murder. He is called by law as a ____.
A. Hardened criminal C. Recidivist
B. Habitual offender D. Habitual delinquent

24. It is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth against a
facility needed for the exercise and continued possession of power committed by a person
belonging to the military or police, with or without civilian support, for the purpose of seizing or
diminishing state power.
A. Rebellion C. Insurrection
B. Coup d’ etat D. Sedition

25. During the meeting of factory workers, the Labor Union Leader called upon the members to
sabotage the factory equipment and burn the warehouse due to their hatred towards their
employer whom they accuse of unfair labor practice. The factory workers agreed with the Labor
Leader. What crime was committed by the Labor Leader?
 A. Rebellion C. Inciting to Sedition
B. Illegal Assembly D. Inciting to Rebellion

26. In the above scenario, are the factory workers who attended the meeting liable? If they are
liable, what crime?
A. Illegal Assembly C. Illegal Association
B. Sedition D. Not liable

27. Felonies or “delitos” are acts and omissions punishable by law. Felonies are committed not
only by means of “dolo” but also by means of “culpa”. Dolo means ____.
A. Deceit C. Negligence
B. Culpa D. Imprudence

28. X is accused of raping Y. After he was arrested, he was interviewed by TV reporters who
asked him: “Did you rape Y?” A answered: “Yes.” The interview was recorded. When the case
was eventually tried in the court, the prosecution tried to prove X’s admission of the rape by
presenting the video footage of the interview and the testimony of the TV reporter who
interviewed X. X is challenging the admissibility of the admission saying that it was made
without the presence of counsel, hence inadmissible. The admission by X is:
A. Not admissible because X was not assisted by counsel
B. Admissible because it was voluntarily made
C. Not admissible because the admission is irrelevant
D. Admissible because the TV interview is not part of custodial investigation

29. X throws a hand grenade at Y. Y was killed and 2 others were seriously injured. The crime
committed by X is:
A. Murder and multiple physical injuries B. Murder with multiple attempted murder
C. Murder and multiple attempted murders D. Murder

30. A forged 100 pieces of Philippine P 1,000.00 peso bill. The forgery was committed in China
and the fake money was to be smuggled to the Philippines via Taiwan. The shipment was
confiscated in Taiwan by the Philippine Center for Transnational Crime (PCTC) and A was
arrested therein. What country has jurisdiction over A’s crime?
A. China C. Taiwan
B. Philippines D. All of the above

31. Ms. X, a nurse at a hospital, removed the oxygen mask of the patient who was suffering from
emphysema, and as a result of which the patient could not breathed. The patient survived due to
the timely arrival of the resident physician who immediately attached the oxygen mask to the
patient. Ms. X committed:
A. Consummated Murder C. Frustrated Murder
B. Attempted Murder D. Impossible Crime of Murder

32. “Delito compuesto” occurs when a single act constitutes two or more grave or less grave
offenses. Delito compuesto means ____ in English.
A. Compound complex crime C. Complex crime proper
B. Complicated crime D. Consummated crime

33. A, B and C agreed to kill X and so armed with guns, they proceeded to the house of the latter
whereupon A told B and C that he would just stay in the yard as lookout. When B and C entered
the room of X and saw him sleeping, it was C who shot him. The killing is attended by treachery,
which aggravates the liability of:
A. A only C. B and C only
B. C only D. A, B and C
34. The offender entered the dwelling with the intention of taking the stereo. He was able to get
inside the house but before he could find the stereo he was immediately caught by the occupant.
The offender committed:
A. Attempted Robbery C. Consummated Robber
B. Frustrated Robbery D. Consummated Trespass to Dwelling

35. What if the offender was able to find the stereo and as he was removing it from the table he
was caught by the occupant. The offender committed:
A. Attempted Robbery C. Consummated Robbery
B. Frustrated Robbery D. Consummated Trespass to Dwelling

36. Assuming that the offender managed to get the stereo and as he was about to get out of the
house he was caught by the occupant. The offender committed:
A. Attempted Robbery C. Consummated Robbery
B. Frustrated Robbery D. Consummated Trespass to Dwelling

37. If he was able to bring out the stereo, the accused would be guilty of:
A. Attempted Robbery C. Consummated Robbery
B. Frustrated Robbery D. Consummated Trespass to Dwelling

38. Abdul, while on board a vinta chased MV Doña Paz, a passenger vessel while it was at Sulu
sea. When it overtook MV Doña Paz, Abdul and his companions boarded the passenger vessel
and took control of it and brought it to Malaysia where the passengers were robbed of their
belongings. What crime was committed by Abdul and his men?
A. Piracy C. Qualified Piracy
B. Mutiny D. Robbery

39. Using the preceding number as reference, but this time Abdurajak is not the leader but
merely acted as a lookout at the pier to monitor the arrival of government troops, for what crime
would he be liable?
A. Espionage C. Rebellion
B. Sedition D. No crime was committed

40. It signifies a reasonable ground of suspicion supported by circumstances sufficiently strong

in themselves to warrant a cautious man to believe that the person is guilty of the offense with
which he is charged.
A. Just Cause C. Information
B. Tip D. Probable cause

41. The duty of the party to present evidence to establish his claim is referred to as ___.
A. Burden of proof C. Burden of evidence
B. Bill of particulars D. Presentation of evidence

42. 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, 1983 for
murder. He is called by law as a ____.
A. Hardened criminal C. Recidivist
B. Habitual offender D. Criminalist

43. D is a suspect in a stabbing incident. He was arrested a few minutes after the incident and
was brought to the police station where he was photographed and was asked to remove his Tshirt
to see if he had a tattoo on his chest because the victim said that his attacker had a tattoo on his
chest. It was found out that D had a tattoo on his chest similar to the one described by the victim.
The subsequent photographing and removal of D’s shirt is:
A. Inadmissible because it violate D’s right against self –incrimination
B. Admissible because it does not violate D’s right against self –incrimination
C Inadmissible because it is irrelevant
 D. None of the above

44. After receiving a tip that Amminudin would be arriving at the Pier after two days bringing
with him prohibited drugs, what would you do assuming you are a police officer?
A. Effect a Warrantless arrest upon his arrival at the pier
B. Secure first a warrant to arrest the suspect
C. Secure first a search warrant on the vessel
D. None of the above

45. A group of men from Jolo, Sulu led by Abdurajak banded together and armed themselves
with armalites. Their purpose is to declare a separate Islamic state in southern Philippines. No
actual clash of arms has taken place since Abdurajak knew that his forces would be no match for
the government soldiers. Abdurajak and his men committed:
A. Sedition C. Rebellion
B. Treason D. No crime was committed

46. Assuming you opted to effect a warrantless arrest, what would be your basis?
A. Hot Pursuit Arrest C. In flagrante delicto arrest
B. Probable cause D. None of the above

47. When an offense committed is a necessary means of committing another offenses.

A. Compound Complex crime (delito complejo)
B. Complex crime proper (delito complejo)
C. Complicated crime
D. None of the above

48. Crimes committed on board a Philippine-registered ship or airship is triable in:

A. Philippine courts B. International Court Justice
C. Courts of the country where the vessel is situated D. United Nation

49. That crime committed on board a foreign merchant vessel while on waters of another country
are not triable in that country unless those which affect the peace and security of that country or
the safety of that state is endanger.
A. English Rule C. French Rule
B. Territoriality D. None of the above

50. An accessory penalty to reclusion perpetua and reclusion temporal which deprives the
offender, during his sentence of the rights of parental authority, guardianship, marital authority
and the right to dispose his own property.
A. Disqualification C. Civil Interdiction
B. Distierro D. All of the above