CLJ 2024 FC FILE - Docx Question Only
CLJ 2024 FC FILE - Docx Question Only
WHAT CRIMINOLOGIST KNOWS? Charlemagne James P. Ramos United States have an extradition agreement. After 30 years of
hiding, he went back to the Philippines and arrested by Patrolman
Cardo Dalisay. Can the government of the Republic of the
Facebook Fan page: Charlemagne James P. Ramos: Inside the Criminologist Mind Philippines can still execute the sentence?
A. Yes, because Mr. Green has never been imprisoned
Compilation of Question and Answer in B. No, because the penalty of Mr. Green already prescribed
CRIMINAL LAW AND JURISPRUDENCE C. Yes, because the Philippines and US has extradition treaty
D. No, because the crime already prescribed after 30 years of
hiding
1. A Filipino killed a Chinese on board a vessel bearing the flag 15. It is an informal and summary investigation conducted by a
of Mexico while the vessel is in the Philippine territorial waters, public prosecutor in criminal cases involving persons arrested and
should the criminal law of the Philippines apply? detained without the benefit of a warrant of arrest issued by the
A. No, because the crime was committed board a Mexican vessel. court. It serves to determine whether said persons should remain
B. Yes, because the crime was committed within the Philippine under custody and correspondingly be charged in court.
territory. A. Preliminary Investigation
C. Yes, because the offender is a Filipino. B. Inquest Proceedings
D. No, because the offended party is a Chinese. C. Preliminary Examination
D. Judicial Determination of guilt
2. A police officer testifying before the court is allowed to refer to
his/her memorandum respecting a matter of _____. 16. Evidence of the same kind and to the same state of facts.
A. Opinion of an expert A. Cumulative evidence
B. Fact recorded by his superior B. Corroborative evidence
C. Fact he recorded a long time ago C. Relevant Evidence
D. Question of law D. Material Evidence
3. The place of the commission of the crime is a consideration to 17. Additional evidence of a different character to the same point
determine the _____. A. Cumulative evidence
A. Territory B. Corroborative evidence
B. Venue C. Relevant Evidence
C. area of responsibility D. Material Evidence
D. jurisdiction
18. What crime is committed if it is not accompanied by murder,
4. The party is deemed to have rested its case ____________. parricide and infanticide?
A. Once the parties agreed as stated in the Pre-Trial A. Murder
B. As may be ordered by the court B. Homicide
C. After the court ruled on the formal offer of evidence C. Infanticide
D. After the prosecution has offered its evidence D. Parricide
5. What is the form of evidence consisting of letters, symbols, 19. When is evidence consider material?
numbers or any inscription? A. when it has relation to the fact of issue
A. Parole evidence B. when tending to prove a fact of issue
B. Original evidence C. when it is not excluded by the law
C. best evidence D. when it prove the existence or non-existence of the fact in
D. documentary evidence issue.
6. The following are the sources of criminal law EXCEPT _______. 20. Which among the following is exempted from criminal
A. Special laws liability?
B. Ordinances A. Praetem intentionem
C. Special Penal Laws B. Aberatio ictus
D. Revised Penal Code C. Mistake in identity
D. Mistake of facts
7. Conclusive presumption is also known as “presumption juris
et de jure”: disputable presumption is ________. 21. Now piracy can be committed at?
A. Presumption of regularity A. High seas
B. Dying declaration B. Philippine waters
C. Presumption of innocence C. Both Philippine waters and high seas
D. Presumption juris tantum D. Territorial land and external waters
8. The questioning initiated by law enforcement authorities after 22. It is an inquisitorial proceeding, the purpose is to free the
a person is taken into custody or otherwise deprived of freedom of accused for the expense of trial?
action is ______. A. Preliminary investigation
A. Illegal detention B. Pre-trial
B. Arbitrary detention C. Demurrer
C. Custodial investigation D. Inquest
D. Preliminary investigation
23. based from RA10592 the GCTA law, how many days should
9. The authority to enact national penal statutes is lodged in the be deducted for the first 2 years?
_______. A. 20
A. Respective sanggunian of LGUs B. 23
B. Respective Mayors of LGUs C. 25
C. Congress of the Philippines D. 30
D. Trial courts in the Philippines
24. based from RA10592 the GCTA law, how many days should
10. illegal discharge of firearm committed when it is fired and be deducted for the 10th year?
pointed? A. 20
A. Not to the specific person you want to shoot but without B. 23
intention to kill C. 25
B. To specific person you want to shoot but without intent to kill D. 30
C. Not to the specific person but with intent to kill
D. To other person but with intent to kill 25. Mala inse is evil in nature while mala prohibita is considered
as wrong because of the?
11. Who is the advocate of justice in the frontline of Criminal A. Based on the personal interest of the congress
Justice System? B. Majority of the people calls for it
A. Prosecutor C. For the convenience of the society
B. Judge D. Statute
C. Solicitor General
D. Investigator 26. It is the examination before a competent court or tribunal,
according to the laws of the land, of the facts in issue for the
12. It refers to the person who is being implicated to the purpose of determining such issue.
commission of a crime and subject of an investigation. A. Pre – Trial
A. Respondent B. Arraignment
B. Accused C. New Trial
C. Suspect D. Trial
D. Culprit
27. One of the following is not included as a reason for the
13. The following are inherent rights except: postponement of trial.
A. Right to property A. That the witness is really material to which the courts agrees
B. Right to life B. That no similar evidence could be obtained without negligence
C. Right against self-incrimination on the party applying for postponement
D. Right to dignity C. That the court docket is full
D. None of these
14. Mr. Green was convicted of 20 years imprisonment by the
Regional Trial Court. He escaped while in transit to the National
Penitentiary and hide in the United States. The Philippines and
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28. When a court is satisfied, upon proof or oath, that a material A. The police should not release the person, otherwise he will be
witness will not testify when required, it may upon motion of either administratively liable.
party order the witness to ______________ B. The police should release the person from detention even
A. To be excused. without the order from the prosecution.
B. To post bail. C. The police should not release the person subject to the receipt
C. To be included in the information. of the order of the court.
D. To be arrested D. None of these
29. In this jurisdiction, when two or more accused are jointly 41. The person is suspected of committing a crime which is
charged with any offense, they shall be tried jointly. Separate trial punishable by imprisonment of at least 4 years, 2 months and 1
is ____________ day. The person was not subject to warrantless arrest. How will you
A. Within sound discretion of the court. proceed with the case?
B. A constitutional requirement. A. Report the matter to my superior and let them decide what to
C. Statutory requirement. do with the situation.
D. Mandatory. B. Exert effort to arrest a person even without a warrant for the
commission of a crime.
30. To be state witness, one of the accused must voluntarily C. File a direct complaint with the prosecutor’s office for inquest
execute a sworn statement in support of his discharge. If the court proceedings.
denies the motion to discharge said accused filed before the D. File a direct complaint with the prosecutor’s office for
prosecution rest its case, his sworn statement shall be as preliminary investigation.
_____________________
A. Admissible in evidence. 42. The PHASE in the commission of the crime when the person is
B. Inadmissible evidence. from the point of beginning or within the point where he can still
C. Admitted as material evidence. decide to desist or continue the commission of the crime is the
D. Conditionally admitted as material evidence. _____ phase.
A. Objective
31. The status of an essential witness whenever his whereabouts B. Internal
are unknown or his whereabouts cannot be determined by due C. subjective
diligence. D. external
A. Unavailable
B. Absent 43. The accused is criminal proceedings has in his favour the rule
C. Hostile that criminal laws should be construed liberally in his favor
D. Adverse because ______.
A. Of the requirement of observance of due process
32. One reason for the re-opening of trial of a case. B. The prosecution has the burden of proof
A. The case is appealable C. The police is presumed to perform their duty with regularity
B. Newly discovered evidence D. The accused is presumed innocent until proven guilty
C. The appearance of an essential witness
D. To avoid miscarriage of justice upon motion and with hearing 44. After the decision was rendered by the trial court, the accused
found a new evidence. What remedy should the accused do based
33. After the prosecution rested its case, the accused filed a on the new evidence?
demurrer to evidence. Would double jeopardy be a valid defense if A. File a motion for reconsideration.
he charged again with the same offense against? B. File a motion for new trial.
A. Yes, because the dismissal is tantamount to acquittal. C. File a notice to appeal.
B. Yes, the case was not terminated on its own merits. D. File a petition for Certiorari
C. No, because the dismissal is with his consent or upon his own
motion. 45. The declaration of an accused acknowledging his guilt of the
D. No, The case was not terminated on its merits hence double offense charged, or of any offense necessarily included therein is
jeopardy is not a valid defense. ______.
A. Liability
34. After the prosecution has rested its case, the accused file a B. Confession
motion to dismiss, with or without leave of court; this rule is known C. Admission
as D. Responsibility
A. Bill of particulars
B. Demurrer to evidence 46. A police officer testifying in court is allowed to refer to his/her
C. Summary proceeding notes or memorandum ______.
D. Motion to quash A. To help him in the prosecution of the case
B. In order to refresh his memory
35. What is the crime committed if the offender killed a person C. As it is his right as a police officer
whose age is LESS THAN 12 years of age? D. As his codigo and his personal record
A. Homicide, in the absence of any qualifying circumstances
under Article 248. 47. The constitutional limitation of ex post facto law in the
B. Murder, if not attended by circumstances under article 246. enactment of criminal laws simply means that our criminal law
C. Murder, even if the offender is any of the parent. shall be applied ______.
D. Parricide, regardless of relationship by consanguinity. A. Retroactively
B. In favor of the accused
36. As a general rule, what does the constitution provide in so far C. prospectively
as search and seizure is concern? D. in against the state
A. Search must be done by the police only.
B. Search must be upon order of the court. 48. Preliminary investigation is a matter of right when the penalty
C. Search should be conducted when there is a warrant. for the crime committed is ______.
D. Search must not deprive the person of his property. A. Not exceeding six years of imprisonment
B. Imprisonment at least 4 years, 2 months, and 1 day regardless
37. If a person commits an act or omission which is provided by of fine
the Revised Penal Code as amended or modified the crime C. Imprisonment is 4 years, 2 months, and 1 day regardless of
committed is ______. fine
A. Crime D. Less than 4 years of imprisonment
B. Ordinance
C. Offense 49. Police officer JAKE arrested ACE without legal ground and
D. Felony without a warrant. JAKE committed the crime of _______.
A. Violation of domicile
38. Our criminal law may be applied extraterritorially which simply B. Illegal arrest
means that _____. C. arbitrary detention
A. Our criminal law may be enforced by another sovereign D. unlawful arrest
country
B. Our criminal law may be applicable even outside of our 50. The crime committed is punishable by imprisonment of at least
territory 4 years, 2 months and 1 day. The crime was committed in Metro
C. Foreigners here in our country may be charge for violation of Manila or Chartered Cities. Where should the complaint be filed in
our criminal law order to initiate the criminal action?
D. Those accused of crime may be arrested even outside of our A. To file the complaint directly with the Municipal Trial Court.
territory B. At the police station for warrantless arrest and inquest
proceedings.
39. The extra-judicial confession of an accused is sufficient for C. At the prosecutor’s office for the conduct of preliminary
conviction ______. investigation.
A. Provided that it is freely, intelligently and voluntarily given D. To file the information directly with the Regional Trial Court.
B. When it t is corroborated by evidence of corpus delicti.
C. Even if it is not corroborated by evidence of corpus delicti. 51. Which of the following is NOT a secondary evidence?
D. Whether or not corroborated by evidence of corpus delicti. A. A testimony of witnesses as to the contents of the original.
B. A tape recorded recital of the content of the original.
40. The person was arrested without a warrant. His request for C. A recital of the contents of the original in an authentic
preliminary investigation was granted. However, the conduct of document.
preliminary investigation was not terminated and it already D. A copy of the original document.
exceeded the period allowed by the rules. What should the police
officer in custody of the detained person do? 52. What is this rule in evidence which states that when the terms
of an agreement have been reduced to writing it considered as
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containing all the terms agreed upon and there can be between the C. efficient intervening
parties and their successors in interest no evidence of the written D. efficient connecting
agreement?
A. Secondary evidence 65. LINO saw ACE with an angry expression on his face while
B. Best evidence rule holding a firearm moving towards his direction. When ACE was
C. Exclusionary rule already near him, LINO picked up a 2x2 hard wood and hit ACE on
D. Parol evidence rule both his arms, resulting injuries to the latter. It was revealed during
the investigation that ACCE is without bad intention against LINO.
53. The form of evidence that is subject to the senses of the court LINO was charged for serious physical injuries. This situation fits
is _____ evidence. the principle of _____.
A. Physical A. Mistake in identity
B. Object B. Mistake in the blow
C. all of these C. mistake of facts
D. real D. Ignorance of the law
54. The crime committed is punishable by imprisonment of 4 66. Which of the following illustration BEST exemplifies the
years, 2 months and less. The crime was committed in the concept of complex crimes?
province. Where should the complaint be filled in order to initiate A. HARDEN wanted to kill CURRY, HARDEN set the house of
the criminal action? CURRY resulting to the death of CURRY.
A. May file the complaint directly with the Municipal Trial Court. B. HARDEN steal the chicken of CURRY, while at it, took the
B. At the police station for warrantless arrest and inquest chicken of PAUL and that of DURANT.
proceedings. C. HARDEN killed CURRY, after a week, raped PAUL and later
C. May file the information directly with the Reginal Trial Court. steal the chicken of DURANT.
D. At the prosecutors office for the conduct of preliminary D. HARDEN wanted to kill CURRY. He threw a grenade against
investigation. CURRY, it killed CURRY and injured DURANT.
55. Which of the following circumstance makes the evidence 67. Which of the foregoing statements refer to “Corpus Delicti”?
incompetent? I – Corpus delicti is the body or substance of the crime.
A. Evidence obtained in accordance with the constitution. II - Corpus delicti is the fact that a crime has actually been
B. Evidence obtained through third degree method of committed.
investigation. III - Corpus delicti is the body of the person who is a victim of the
C. Evidence obtained in accordance with the law or statute. homicide or murder.
D. Evidence obtained in accordance with the rules. A. II, III
B. I, II
56. A person who is lawfully arrested may be searched for C. I, III
anything ______. D. I, II, III
A. That the police at its discretion at its discretion has deemed to
be proper 68. Exclusion of evidence simply means _______.
B. Even if not concerned to the commission of an offense. A. None of these
C. Which may have been used or constitute proof in the B. That evidence obtained unlawfully shall be excluded by the
commission of an offense. court and not admitted
D. That may be ordered by the court at its discretion. C. That evidence which are testimonial but objectionable shall be
excluded
57. What is the purpose why independent relevant evidence is D. That witnesses not subject for examination should be
admitted by courts? excluded from the court
A. To show that a certain fact occurred, whether true or not.
B. To prove to the court the allegations. 69. The reading of the decision of the court convicting the accused
C. To prove that the fact is true. appears to be NOT based on evidence on record or applicable law.
D. To prove that a fact is not true. What remedy should the accused do in the hope that the court may
reverse its decision?
58. When a person is called to testify in court as an accused, on A. File a motion for reconsideration
what matters may the prosecution cross examine the accused? B. File a notice of Appeal.
I – in matters that was only touched upon in the direct testimony. C. File a motion for new trial.
II – in matters surrounding the circumstances of the crime D. File a Petition for certiorari.
committed.
III – in all matters that will test the credibility of the testimony. 70. In arbitrary detention it is required that the offender must be a
A. I, II, III _______.
B. I, II A. A person in authority or agent
C. II, III B. Any person
D. I, III C. A public officer or employee
D. Private individual
59. In order that the person accused of a crime should be bound
to the accusation against him, what should the police officer do? 71. The venue to hear criminal cases may be changed when the
A. Wait for the issuance of the warrant of arrest. ______.
B. Let the court proceedings take its course and allow the A. Prosecution and the accused agree
issuance of warrant. B. Complainant opted to change it
C. Arrest the person accused of a crime even without a warrant. C. Trial court so ordered
D. Do the arrest only when requested by the offended party. D. Supreme Court so ordered
60. Venue in criminal cases refers to the place _______. 72. When a Filipino kills a Chinese on board a vessel bearing the
A. Of trial where the parties agree flag of Mexico while the vessel is in Philippine waters, may the
B. Where the trial court designates criminal law of the Philippines apply?
C. that acquired jurisdiction over the case A. Yes, the Philippine criminal law is applicable.
D. Where the crime was committed B. Yes, since the offender is a Filipino.
C. No, it is the Mexican criminal law that applies.
61. The prosecution shall offer in evidence its documentary D. No, the Philippine criminal law is not applicable.
evidence _______.
A. At any time the prosecution may deep proper at its discretion 73. If the crime is committed in the province and the penalty
to offer thereof is one that does NOT require preliminary investigation, the
B. After the presentation of testimonies of witnesses have been complaint shall be filed _______.
terminated A. Directly with the appropriate Municipal Trial Court
C. None of these B. At the Prosecutors Office for inquest proceedings
D. After the presentation of the witnesses of the defense are C. Directly with the appropriate Regional Trial Court
terminated D. In the barangay first for conciliation proceedings
62. The crime of adultery is committed by any married woman who 74. A person who is committing an act in violation of a special peal
shall _____. law is committing __________.
A. Have sexual intercourse with a man under scandalous A. A crime
circumstances B. An offense
B. Enter into marriage with another man other that her husband C. a felony
C. Have sexual intercourse with a man who is not her husband D. an act or omission
D. Live in conjugal dwelling with a man who is not her husband
75. What is this STAGE in court proceedings where the
63. Because the burden of proof rests with the prosecution, the prosecution and accused may agree on matters what will promote
duty to convict the person belongs to _______. a fair and expeditious trial of the case?
A. None of these A. Trial Proper
B. The strength of the prosecution’s evidence B. Preliminary investigation
C. The courts discretion based on evidence C. Inquest proceedings
D. The weakness of the accused’s evidence D. Pre- trial
64. The new independent act which is the immediate cause of the 76. Which among the following is NOT considered as authorized
injury which breaks the connection between the original wrong and person to file the complaint before the municipal trial court?
the injury is referred to as the ____ cause. A. Any peace officer
A. Effective intervening B. Any law enforcement officer authorized by law
B. Causal connecting C. The offended party
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D. The witnesses to the crime committed 89. Which of the following are NOT among the exceptions to the
hearsay Evidence?
77. Which of the following is NOT hearsay? A. Learned treatise
A. The testimony of a witness concerning the letter he received B. Commercial lists
from somebody. C. Dead man statute rule
B. The information received by a police officer from the D. Entries in official records
neighbourhood regarding the existence drug dens in the area.
C. The affidavit of a witness who was not presented to the witness 90. The accused with lewd design brought the woman who is a
stand for cross examination. minor in a secluded place but with the consent of the latter. The
D. The statement given by the informant to the police officer. accused is liable for the crime of ______.
A. Simple seduction
78. Ped Xing is a Chines citizen who killed a Filipino on board a B. Forcible abduction
commercial vessel on the high seas. Based on the given situation, C. qualified abduction
based on territoriality principle, Philippine criminal law is ______. D. consented abduction
A. Not applicable because the crime was committed outside of
the Philippine territory 91. Rebellion and coup de’ etat when committed by military
B. Not applicable because the offender is not a Filipino personnel will subject them to court martial proceedings. What is
C. Applicable in this situation although the crime was committed the NATURE of court martial proceedings?
on the high seas A. Civil
D. Applicable even if the crime was committed by a Chinese B. Administrative
C. Sui generis
79. The act or omission of a person who after hearing or seeing D. Criminal
something that requires him/her to do comment if it is not true and
was given the opportunity is ______. 92. The process required to determine probable cause based on
A. Admission direct filing of a complaint so that the information may be filed in
B. Admission against interest court is _____.
C. Confession A. Ex-parte examination of the complaint
D. Admission by silence B. Preliminary investigation
C. Inquest proceedings
80. Which of the following situations is NOT valid search without D. Judicial determination of probable cause
a warrant?
A. Search in plain view 93. During arraignment, the accused is required to enter his plea.
B. Search incidental to stop and frisk So that the accused may be intelligently understands the
C. Search at the discretion of a police officer consequences of his plea, what is the mandatory requirement in
D. Search incidental to lawful arrest entering the plea?
A. The accused should be assisted by his witnesses.
81. HARDEN after trial was found guilty of a despicable act. B. The accused should be assisted by the court of competent
However, the court found out that there is no law punishing the said jurisdiction.
act. May the court punish HARDEN of any penalty which it deemed C. The prosecution should offer lower and irresistible offer.
appropriate? D. The accused should be assisted by competent and
A. Yes, the act committed is despicable that it should be independent counsel.
punished.
B. No, the law cannot punish because the court does not know 94. Mistake of facts is distinguished from mistake in identity in that
the applicable law. in mistake of facts the ______.
C. No, the law cannot punish an act if at the time it was committed A. Offender has the intention to commit the crime
is yet punishable. B. Accused is certain about who is the victim
D. All of these. C. Accused is without intention to commit a felony
D. Offender is related the victim
82. An act or omission punishable by the Revised Penal Code is
_____. 95. When a crime is committed on board a US Warship while it is
A. Act or omission on Philippine waters, the _____.
B. Offense A. Philippine criminal law shall not be -0 96531/-
C. felony B. US military law shall be applicable
D. crime C. US criminal law shall be applicable in our courts
D. Philippine criminal law shall be applicable
83. When the search and seizure conducted by the police is based
on a search warrant, this presupposes that the search and seizure 96. The person was arrested without a warrant for the crime the
______. penalty of which is imprisonment of at least 4 years, 2 months and
A. May be questionable 1 day. He asked for preliminary investigation. What is required of
B. Is without probable cause the person arrested in order that preliminary investigation. May be
C. Violates the right of the person to privacy conducted?
D. Is with legal ground A. He should as for the presence of a counsel while being
detained.
84. JAKE was convicted for several crimes: Homicide, the penalty B. He should ask for his right to remain silent in the course of the
imposes is minimum of 6 years and 1 day to 8 years; Physical preliminary investigation.
Injuries, the penalty of 4 years and 1 day to 6 years; and Parricide, C. He should ask his right to be informed of the nature of the
the penalty is Reclusion Perpetua. JAKE should serve successive cause and accusation against him.
service of sentence by serving first the penalty of _________. D. He should waive his rights under Article 125 of the Revised
A. Any of the conviction Penal Code.
B. 4 years and 1 day to 6 years
C. 6 years and 1 day to 8 years 97. When a case is filed in this court, bail becomes a matter of right
D. Reclusion Perpetua before or after conviction, which court is it?
A. Regional Trial Court
85. What is this right that the accused may invoke during trial to B. Municipal/Metropolitan Trial Court
avoid statement against himself? C. Court of Appeals
A. Right not to be a witness for his behalf. D. Sandiganbayan
B. Right against self-incrimination.
C. Right to assistance of counsel. 98. ACE is a police officer. He arrested JAKE without a warrant for
D. Right to remain silent. a crime which is considered as less grave offense. For ACE to be
NOT liable for the crime of arbitrary detention, he must deliver
86. The power or authority to hear and decide a case is _____. JAKE to proper judicial authorities within ______ from the time of
A. Judicial the arrest.
B. Jurisdiction A. 12 hours
C. Venue B. 18 hours
D. mandate C. 36 hours
D. 32 hours
87. To produce conviction, the extra-judicial confession must be
supported by ______. 99. The police officer testifying in court can refer to his/her notes
A. The testimony of the counsel who assisted during the or memorandum _____.
investigation A. As his codigo and his persona record
B. The testimony of the accused affirming his extra-judicial B. As it is his right as a police officer
confession C. In order to refresh his memory
C. The testimony of the investigating officer who obtained the D. To help him in the prosecution of the case
confession
D. The presentation of corroborative evidence of corpus delicti 100. The crime committed when a person killed his/her illegitimate
daughter who is a minor under the circumstances provided by
88. The following are elements of FRUSTRATED stage in the Article 247 is _____.
commission of the crime, EXCEPT _____. A. Infanticide
A. The acts performed would produce the felony as a B. Murder
consequence C. homicide
B. But the felony is not produced D. parricide
C. By reason of spontaneous desistance of the accused
D. The offender performs all acts of execution 101. The constitutional limitation of bill of attainder in the
enactment of criminal laws simply means that our criminal law
shall ______
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A. Decrease the imposed penalty to favor the accused indeed escaped. Which of the following crime may be committed
B. Imposed the penalty even without hearing and trial by FRANKLIN and JONEL?
C. Applied the penalty only sparingly in favor of the state A. Direct Bribery resulting in evasion of service of sentence.
D. Impose the penalty only after due hearing and trial. B. Direct Bribery and infidelity in the custody of the prisoner.
C. Conspiracy to the crime of evasion of service of sentence.
D. Infidelity in the custody of prisoner through negligence.
SITUATIONAL
111. From the foregoing situation, suppose that PETER escaped
Situation 1 – CLARKSON is an investigator. CURRY is the suspect. from PAKULO through his own efforts without giving any
NANCE is the victim WITH STAB WOUNDS. The identified witness consideration to FRANKLIN and JONEL. Did PETER commit any
to the crime committed is DURANT. crime?
A. No, not yet for the crime of delivery of prisoner from jail.
102. From the foregoing situation, suppose that DURANT has B. No, he did not commit any crime under the RPC.
personal knowledge of the crime committed. However, DURANT C. Yes, for the crime of delivery of prisoner from jail.
has been previously convicted for the crime of Robbery. Which of D. Yes, for the crime of evasion of service of sentence.
the following statements BEST describes the qualification of
DURANT as a witness? 112. From the foregoing situation, suppose that JAYBEE escaped
A. He is not competent to testify because of his previous through his own efforts from PAKULO without giving consideration
conviction. to FRANKLIN and JONEL. What is the crime committed by
B. He is not qualified to testify because of his previous FRANKLIN and JONEL?
conviction. A. Conspiracy to the crime of evasion of service of sentence.
C. He is qualified to testify subject to the approval of the court. B. Conspiracy for the crime of delivery of prisoner from jail.
D. He is qualified to testify despite his conviction of the crime of C. Delivery of prisoner from jail.
Robbery. D. Infidelity in the custody of prisoner.
103. From the foregoing situation, suppose that DURANT is merely 113. From the foregoing situation, suppose that JAYBEE escaped
6 years old which of the following statements BEST describes the through his own efforts from PAKULO without giving consideration
qualification of DURANT as a witness? to FRANKLIN and JONEL. Did JAYBEE commit any crime?
A. He is qualified so long that he can express his thought before A. Yes, for failure to honor his bail bond.
the court. B. No, as he did not bribe FRANKLIN and JONEL.
B. He is not qualified because a minor is susceptible of being C. Yes, for delivery of prisoner from jail.
coached by lawyers. D. Yes, for evasion of service of sentence.
C. He is not qualified because he is still a minor.
D. He is qualified because he can perceive and perceiving can Situation 4 – Hipolito was brought to the police station by Corporal
convey his perception to another. Cardo Dalisay for the crime of rape. While being investigated,
Hipolito remained silent.
104. From the foregoing situation, suppose that DURANT merely
heard from KERR the information that it was CURRY who killed 114. From the foregoing situation, what is the effect of Hipolito’s
NANCE. Which of the statement below CORRECTLY describes the remaining silent while being interviewed by the police in
admissibility of DURANT’s testimony? connection with the crime committed?
A. The testimony is admissible if only supported by other A. Hipolito should answer after all evidence he gave will be
evidence. inadmissible.
B. The testimony is not admissible as it is a declaration against B. Hipolito is within his constitutional right to remain silent
interest C. Hipolito may still answer even when there is a counsel
C. The testimony is admissible only as independent relevant provided to him.
statement. D. Hipolito’s silence is deemed admission of guilt.
D. The testimony is not admissible as it serves only his own
interest. 115. From the foregoing situation, which of the following is the
reason why Hipolito may or may not remain silent?
105. From the foregoing situation, suppose that DURANT merely A. Any statement made by Hipolito will be deemed inadmissible
heard from KERR the information that it was JAMES who killed anyway.
NANCE. Which of the statement below correctly describes the B. Hipolito is already under custodial investigation.
admissibility of DURANT’s testimony? C. Hipolito may speak whether or not assisted by a counsel.
A. It is not admissible for being independent relevant statement. D. Hipolito is not yet under custodial investigation.
B. It is admissible if it is supported by evidence of corpus delicti.
C. It is admissible if DURANT is qualifies as a witness. 116. From the foregoing situation, when should the Hipolito be
D. It is not admissible for being hearsay evidence. informed of Miranda Rights?
A. Before he is put into custody
Situation 2 – PO3 CARDO (and pulis probinsyano) apprehended B. After he was asked any question related to the crime he was
WALDO due to vehicular traffic incident. arrested for.
C. Immediately after he is arrested.
106. From the foregoing situation, suppose that WALDO ignores D. When he is already assisted by a counsel of his choice or as
the authority of PO3 CARDO. The latter reacted by angrily staring provided for.
at WALDO draws his firearm but without pointing it to WALDO.
Which of the following crime may PO3 CARDO be liable? 117. From the foregoing situation, jurisprudence declares that the
A. Grave coercion suspect may waive his right to remain silent under the following,
B. Light threats EXCEPT it must be _______.
C. Less grave coercion A. In the presence of counsel
D. Grave threats B. In writing
C. Before the prosecutor’s office
107. From the foregoing situation, suppose that po3 CARDO draws D. After the Miranda rights was given to him
his firearm and discharged it in the air because he saw WALDO
running away from the area of the incident. Which of the following Situation 5 – Pinuno is the Philippine Ambassador deployed to the
crime may PO3 CARDO be liable? republic of Japan.
A. Illegal discharge of firearm
B. Grave coercion 118. From the foregoing situation, suppose that while in the
C. Alarm and scandals performance of his office, Pinuno committed an act punishable
D. Grave threats under the Philippine penal laws, the characteristics of criminal law
to be applied should be ______.
108. From the foregoing situation, suppose that PO3 CARDO draws A. Generality
his firearm, points it to waldo, discharged it without intent to kill B. Extra-territoriality
WALDO, and without hitting WALDO. Which of the following crime C. international law
may PO3 CARDO be liable? D. Territoriality
A. Attempted homicide
B. Attempted murder 119. From the foregoing situation, suppose that Pinuno is a
C. Illegal discharge of firearm Japanese and the Ambassador of Japan to the Philippines. Outside
D. Attempted serious physical injury the performance of his public office, Pinuno committed an act
which is punishable under Philippine law, the characteristics of
109. From the foregoing situation, suppose that PO3 CARDO points criminal law to be applied should be _______.
the firearm to WALDO and discharge it but without intent to kill, did A. Prospectivity
not hit WALDO, however, it hit ARIANNE, the girlfriend of WALDO. B. Generality
ARIANNE suffered a fatal injury but survived. Which of the C. extra-territoriality
following crime is PO3 CARDO liable? D. Territoriality
A. Frustrated homicide
B. Serious Physical Injury 120. From the foregoing situation, suppose that Ambassador
C. Frustrated Murder Pinuno committed an act which under the law of Japan is
D. Illegal discharge of firearm considered as penal, can the government of Japan prosecute
Pinuno?
Situation 3 - FRANKLIN is the warden of the Pambansang Kulungan A. No, Pinuno is exempt from the application of Japan criminal
ng mga Lords (PAKULO). PETER is a detainee. JAYBEE is a law.
convict. JONEL is a custodial guard. B. No, the crime was committed in Japan their criminal law
applies.
110. From the foregoing situation , suppose that LEILA a very C. Yes, under the extra-territoriality characteristics of our criminal
influential private individual arranged with FRANKLIN and JONEL law.
the escape of PETER in exchange for certain consideration. PETER D. None of these.
CAMPO CRIMINOLOGO 2024 FC FILES
WHAT CRIMINOLOGIST KNOWS?
Charlemagne James P. Ramos
b. Murder 160. From the foregoing situation, supposed that the evidence
c. Parricide gathered by Cardo is ADMISSION voluntarily given by Alden
d. Homicide during investigation. Cardo not informing of his rights before
questioning. Is admission admissible?
Situation – Cardo the Police officer apply for Search Warrant. A. NOT ADMISSIBLE FOR BEING INCOMPETENT
B. ADMISSIBLE AS IT IS MATERIAL
C. ADMISSIBLE AS IT IS RELEVANT
148. Cardo secure a search warrant for a Bar because one of the D. NOT ADMISSIBLE FOR BEING IRRELEVANT
informant informed him that illegal drugs are being sold in that
Bar. During the search Hipolito was found present at the Bar can 161. From the foregoing situation, supposed that the evidence
Cardo search his pocket? gathered by Cardo is ID card of Alden left at the crime scene. Is ID
A. No, because it is violation of the rights of Hipolito card admissible?
B. No, because the search only covers the bar A. ADMISSIBLE AS IT WILL HELP ESTABLISHED IDENTITY OF
C. Yes, because the search is incidental to lawful arrest SUSPECT
D. Yes, because it is a valid search B. ADMISSIBLE AS IT IS MATERIAL
C. ADMISSIBLE AS IT IS RELEVANT
149. From the foregoing question, can the Cardo search all the D. NOT ADMISSIBLE FOR BEING IRRELEVANT
costumers present at the Bar?
A. Yes, because being present in that bar makes them buyer
B. Yes, Because they are suspect to be a drug user Situation - Bantog is a police officer. Leila is the offender. Megan
C. No. violation of their rights is the victim
D. No, invalid search
162. From the foregoing situation, suppose that Leila in the
150. from the foregoing situation, what remedy can the Bar owner commission of the crime of murder against Megan ensured that
file against the police officers? Megan cannot retaliate or cause harm against the former, what is
A. None of these the applicable modifying circumstances?
B. Motion to quash the search A. Exempting
C. Writ of habeas corpus B. Mitigating
D. Motion for replevin C. Alternative
D. Aggravating
163. From the foregoing situation, suppose that Leila used the
151. LEA actually stole cellphone of YAYADAB. AMOR sold it presence of 4 relatives to ensure that Megan cannot retaliate
knowing it to be stolen. The criminal liability of AMOR is: against him , what is the applicable modifying circumstances?
A.Accessory A. Exempting
B.Accomplice B. Mitigating
C.Harborer C. Alternative
D.Fencing D. Aggravating
152. LEA found cellphone but did not return it to the owner. AMOR 164. From the foregoing situation, suppose that Megan is a
sold the same knowing it to be unreturned lost cellphone. The woman. Bantog took advantage of his positions he is also a
criminal liability of AMOR is: police officer so that she was able to have carnal knowledge
A.Accessory against the will of Megan. What is the applicable modifying
B.Accomplice circumstances?
C.Harborer A. Exempting
D.Fencing B. Mitigating
C. Alternative
153. Amor disposed the cellphone of Tidora. so that there will be no D. Aggravating
evidence of theft. The criminal liability of AMOR is:
A. Accessory 165. From the foregoing situation, suppose that despite due
B. Accomplice diligence, and without intention to commit a crime, and without
C. Harborer fault, the act of Leila resulted physical injuries against the person
D. Fencing resulted to physical injuries against the person of Megan, what is
the applicable modifying circumstances?
154. AMOR burned cellphone so that there will be no evidence of A. Exempting
theft. The criminal liability of AMOR is: B. Mitigating
A.Accessory C. Alternative
B.Accomplice D. Aggravating
C.Harborer
D.Fencing
Situation - Mr. Berks is a friend of Mr. Nagplano, Kasabwat, Kasama
at Kakosa. One night, Mr. Berks said four (4) friends met at his
155. LEA stole cellphone. AMOR, auntie of LEA, sold cellphone to house to plan a robbery. Mr. Berks begged off to join the talks
TIDORA. The criminal liability of AMOR is: because he has a foot injury, telling them that he will just be a
A.Accessory liability to them. The foursome carried out the plan and all of them,
B.Accomplice including Mr. Berks were arrested.
C.Harborer
D.Fencing Express conspiracy:
i.2 or more persons (2,3,4,5,6…)
156. In the preceding number. The criminal liability of TIDORA is: ii.Previous agreement
A.Accessory iii.Plan concerning to the commission of an offense
B.Accomplice iv.Did they decide to commit it?
C.Harborer - Overt act
D.Fencing - CRIME SCENE
Situation - Cardo is an investigator. Alden is a suspect. Pastillas
is a victim with a stab wounds. Crime committed was theorized to 166. In this case, conspiracy may be appreciated against Mr. Berks.
be HOMICIDE. This statement is correct.
A. True
157. From the foregoing situation, supposed that the evidence B. False
gathered by Cardo is 38 cal. found in the crime scene. Is 38 cal. C. Partly false
Admissible as evidence? D. Partly true
A. NOT ADMISSIBLE FOR BEING IRRELEVANT
B. ADMISSIBLE FOR BEING RELEVANT 167. The robbery in this case may be considered to have been
C. ADMISSIBLE FOR BEING COMPETENT committed by a band because there are four (4) malefactors. This
D. ADMISSIBLE FOR BEING MATERIAL statement is:
A. Partly true
158. From the foregoing situation, supposed that the evidence B. Partly false
gathered by Cardo is kitchen knife. Is kitchen knife admissible as C. False
evidence? D. True
A. ADMISSIBLE AS IT IS RELEVANT
B. NOT ADMISSIBLE FOR BEING IRRELEVANT 168. It can be said in this case that Mr. Berks conspired with his four
C. ADMISSIBLE FOR BEING COMPETENT (4) friends to commit an offense. This statement is:
D. ADMISSIBLE FOR BEING MATERIAL A. True
B. False
159. From the foregoing situation, supposed that the evidence C. Partly true
gathered by Cardo is 38 cal. and duly registered. Cardo gathered D. Partly false
evidence to prove that same was unlawful possessed by Alden. Is
38 cal. admissible as evidence? 169. Mr. Berks can be said to have conspired with his four (4)
A. ADMISSIBLE AS IT IS MATERIAL friends because of his association with them and because he
B. ADMISSIBLE AS IT IS RELEVANT allowed them to hatch their plan in his house. This statement is:
C. NOT ADMISSIBLE FOR BEING IRRELEVANT A. Partly true
D. ADMISSIBLE FOR BEING COMPETENT B. False
C. Partly false
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WHAT CRIMINOLOGIST KNOWS?
Charlemagne James P. Ramos
D. True 182. Suppose that Alden is a detention prisoner and was allowed to
eat and drink in a nearby restaurant on several occasions. He is
Situation - Mr. Pikon is angry with Mr. Alaskador. One day, when Mr. however well‐guarded at all times. The warden allowed him to go
Alaskador left for town. Mr. Pikon went to his nipa hut and out of his cell without any consideration whatsoever. The warden
deliberately damaged and removed the sawali sidings of Mr. may be charged with what crime?
Alaskador’s house. Contented with the damage and he was about A. Evasion of service of sentence
to leave the scene when he decided that he could use the sidings B. Evasion through negligence
of Mr. Alaksadaor’s house to repair his house so, he took it home. C. Conniving or consenting to evasion
D. Infidelity in the custody of prisoner
170. Mr. Pikon is liable for:
A. Malicious mischief 183. What is the liability of the jail guard if the evasion of a prisoner
B. Destruction of property should take place through his negligence?
C. Theft A. delivering prisoners from jails
D. Robbery B. evasion through negligence
C. reckless imprudence
171. One of the following statements is true. Mr. Pikon is . D. conniving with or consenting to evasion
A. Liable for malicious mischief
B. Not liable for any crime
C. Liable for robbery
D. Liable for theft
172. One of the following statements is true:
A. Mr. Pikon is not liable for any crime
B. Theft is committed by Mr. Pikon because he used the sidings
of the house after having maliciously damaged it
C. Robbery is committed by Mr. Pikon because he removed the
sidings of the house
D. Malicious mischief is committed by Mr. pikon because he
deliberately caused damage to the sidings of the house
173. To constitute malicious mischief, any of the following
requisites must be present EXCEPT:
A. The offender deliberately caused damage to another’s property
B. He damage the property merely for the sake of damaging it
C. The act does not constitute arson
D. The offender deliberately caused damage to his own property
Situation - In a murder case, PO1 Imbestigador presented a knife
to prove that it was the same knife used by Mr. Siga in killing Mr.
Biktima. Mr. Siga admitted it was the knife he used in the killing.
The court admitted the knife as evidence without exercising its
power to see for itself the relevancy of the knife.
174. The discretion of the court in not exercising its power of
senses is incorrect. This statement is:
A. Partly true
B. True
C. Partly false
D. False
175. Under the Rules of Evidence, the knife used by Mr. Siga in
killing Mr. Biktima is called
A. Relevant
B. Object
C. Physical
D. Collateral
176. All evidence submitted in court to prove facts in issue are
admissible. This statement is incorrect.
A. True
B. Partly true
C. Untrue
D. Partly untrue
177. The rule is mandatory for the court to exercise its power of
senses when the evidence is presented to prove a fact in issue.
This statement is incorrect.
A. Partly true
B. Untrue
C. Partly true
D. True
Situation - Alden was convicted for Homicide and was sentenced
to suffer an imprisonment from 14 years and 1 day to 17 years.
While serving his sentence he was allowed to escape from his cell.
178. If the offender is the custodian of the convicted prisoner what
crime was committed?
A. Delivering prisoners from jail
B. Evasion of service
C. Infidelity in the custody of prisoners
D. Other cases of evasion
179. If the offender is not the custodian at the time of the escape of
said prisoner, what crime was committed?
A. Evasion of service
B. Delivering prisoners from jail
C. Infidelity in the custody of prisoners
D. Other cases of evasion
180. What is the liability of the convicted prisoner serving his
sentence?
A. Evasion of service
B. Delivering prisoners from jail
C. Consenting or conniving to evasion
D. Evasion through negligence
181. But the detention prisoner conspires with the one letting his
escapes said is liable for ________ as principal by indispensable
cooperation.
A. Delivering prisoners from jail
B. Infidelity in the custody of the prisoner
C. Evasion of service
D. Evasion through negligence