DIAGNOSTICS EXAMINATION

ON CRIMINAL LAW AND JURISPRUDENCE

JANUARY 2024 CLE

Instructions: Read carefully. Choose the best answer for each question. Shade the correct letter in
the separate shading sheet provided. Do not forget to write your name and the subject of your test
questionnaire in your shading sheet.

1. The PHASE in the commission of the which is provided by revised penal code as
crime when the person is from the point of amended or modified, the crime committed or
beginning or within the point where he can still omitted is .
decide to desist or continue the commission of a. Crime
the crime is the phase.
a. Objective
b. Internal
c. Subjective
d. External

2. The declaration of an accused

acknowledge his guilt of the offense charged,
or of any offense necessarily included there in
is .
a. Liability
b. Confession
c. Admission
d. Responsibility

3. Preliminary investigation is a matter of

right when the penalty for the crime committed
is .
a. Not exceeding six years of
imprisonment.
b. Imprisonment at least 4 years,
2months and 1 day regardless of fine.
c. Imprisonment is 4 years, 2 months and
1 day regardless of fine
d. Less than 4 years of imprisonment

4. House of representatives is under

what branch of the government?
A. Judiciary the law
B. Legislative
C. Executive
D. Congress

5. What is the purpose why

independent relevant evidence is admitted by
courts?
a. To show that a certain fact occurred,
whether true or not
b. To prove to the court the allegations.
c. To prove that the fact is true
d. To prove that a fact is not true

6. He is an arbiter in court who ensues

that the defense and the prosecution adhere to
the legal requirements of introducing
evidences.
a. Clerk of court
b. judge
c. sheriff
d. jury

7. If a person commits an act or omission

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b. Ordinance
c. Offense
d. Felony

8. Submitted by the accused to

answer the complaint against him.
a. Affidavit
b. Compliant affidavit
c. Counter affidavit
d. Reply

9. When the search and seizure

conducted by the police is based on a
search warrant, this presupposes that the
search and seizure .
a. May be questionable
b. Is without probable cause
c. Violates the right of the person to
privacy
d. Is with legal ground.

10. The power or authority to hear and

decide a case is
a. Judicial
b. Jurisdiction
c. Venue
d. Mandate

11. In arbitrary detention it is required

that the offender must be a .
a. A person in authority or agent
b. Any person
c. A public officer or employee
d. Private individual

12. In order for a Court to have

authority to a particular case, it must have
jurisdiction of the following, except
a. the person of the accused
b. the territory where the offense was
committed
c. the subject matter
d. None of these

13. When a Filipino kills a Chinese on

board a vessel bearing the flag of Mexico
while the vessel is in the Philippine water,
may the criminal law of the Philippines
apply?
a. Yes, the Philippine criminal law is
applicable
b. Yes, since the offender is a filipino
c. No. it is the Mexico criminal law that
applies
d. No, the Philippine criminal law
is not applicable

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14. Which of the following is considered as woman without the consent of the latter?
the second line of defense on crime fighting? A. Sexual harassment
a. crime suppression B. Rape
b. crime prevention
c. proactive measures
d. crime investigation

15. The police officer testifying in court can

refer to his/her notes or memorandum
a. As a codigo and his record
b. As it is his right as a police officer
c. In order to refresh his memory
d. To help him in the persecution

16. What do you call a court covering two

(2) or more municipalities?
a. MTC
b. MeTC
c. MCTC
d. MTC’s

17. The new and independent act which is

the immediate cause of the injury which breaks
the connection between the original wrong and
the injury is referred to as the .
a. Effective intervening
b. Causal connecting
c. Efficient intervening
d. Efficient connecting

18. Which of the following illustration BEST

exemplifies the concept of complex crimes?
a. ERIC wanted to kill ANDREW. ERIC set
the house of ANDREW resulting to the death of
ANDREW.
b. ERIC steal the chicken of ANDREW,
while at it, took the chicken of MARK and that
of CEDRIC
c. ERIC killed ANDREW, after a week,
raped SASA and later steal the CHICKEN of
CEDRIC
d. ERIC wanted to kill ANDREW. He threw
a grenade against ANDREW. It killed ANDREW
and injured CEDRIC.

19. The following are the sources of

criminal law EXCEPT .
a. Special law
b. Ordinance
c. Special penal laws
d. Revised penal code

20. A person asked you for advice on how

to file a case of adultery against his wife?
Which of the following are allowed by the
RULES in order to initiate the filing a
concubinage case?
A. The case of the adultery is a public
offense, it can be initiated by the police
B. The case of the adultery can only be
initiated by the complaint of the offended
spouse
C. The case of adultery can be initiated
even without the complaint of the offended
spouse
D. None of these

21. What is the crime committed by a

person who shall have carnal knowledge with a
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C. Sexual assault provides that a crime committed while on
D. Abduction board of the vessel?
a. French rule
22. This involves the use of punitive b. American Rule
and disciplinary measures such as solitary c. Spanish Rule
confinement to modify or reform criminal
behavior whose conduct and deportment is
not totally responding to rehabilitation
programs
a. Isolation
b. Rehabilitation
c. Reformation
d. Reintegration

23. In order to determine the veracity

of the testimony of the witness against
him. The accused has the right to
A. Testify on his own behalf
B. Secure the presence of his witnesses in
court
C. Has the testimony of the witnesses
against him
D. Cross examine and confront the
witnesses against him

24. Means that the state has the

supreme authority within their borders.
Hence there are no higher authorities and
no entities with the authority to take
coercive action inside the territorial limit of
the state.
A. Internal Sovereignty
B. External Sovereignty
C. State Sovereignty
D. Sovereign Powers

25. Which of the following is not

correct about confession?
A. if made by third persons, in certain
cases, are admissible against party.
B. it must always be express, never
implied.
C. it is a categorical acknowledgment of
guilt.
D. if made by the party himself,
in some instances, is admissible against
his co-accused.

26. Is that which in a case the

resolution of which is a logical antecedent
of the issue involved therein, and the
cognizance of which pertains to another
tribunal.
a. Prejudicial question
b. inquest proceeding
c. preliminary investigation
d. custodial investigation

27. How many articles are part of the

'Universal Declaration of Human Rights?'
A. 30
B. 33
c. 32
d. 34

28. A Foreign vessel registered in the

country of Australia anchored at Manila Bay
wherein an Australian national was caught
in possession of Cocaine. What rule

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d. English Rule c. Consummated homicide committed
by mistake in the blow
29. One, who at the time of his trial for one d. Attempted homicide as regards BBM
crime shall have been previously convicted by with consummated murder as regards Digong
final judgment of another crime embraced in
the same title of the Revised Penal Code. 36. Which of the following is ‘Violation of
a. Recidivism Human Rights’?
b. habitual delinquency a. a woman getting less salary than a
c. reiteracion man, for same amount of work
d. quasi-recidivism b. a child working in a toy-factory
c. bad-mouthing about someone's looks
30. The Rule applies on registered vessel d. all of these
on foreign territorial jurisdiction which
generally follows the Nationality Principle and 37. A big fire razed a row of houses in a
not the Domiciliary Principle except when the thickly populated neighborhood. To prevent the
crime committed on board vessels affects the spread of fire, some of the residents
national security of the Country where such demolished several houses. These persons are:
vessel is located. a. Civilly liable but not criminally liable
a. French Rule b. Criminally and civilly liable
b. English Rule c. Civilly and criminally not liable
c. Spanish Rule d. Criminally liable but not civilly liable
d. Greek Rule
38. Lenie complained to her bestfriend
31. To be eligible for the grant of Grace that she had been seriously battered by
conditional pardon, what portion of the her husband for so long, Grace remarked
sentence must have been served by a ‘’kung ako sayo patayin ko na lang siya,walang
petitioner-prisoner? karapatang mabuhay ang asawang ganyan’’
a. At least one half of the minimum of his Lenie killed her husband.
indeterminate sentence a. Grace is liable as principal by inducement.
b. At least one half of the maximum of his b. Grace is not liable because a
indeterminate sentence thoughtless expression is not an inducement to
c. At least one fourth of the maximum of commit a crime.
his indeterminate sentence c. Grace is liable as principal for
d. At least one third of the minimum of his inducement includes suggestion to commit a
indeterminate sentence crime.
d. Grace is not liable as principal but
32. The official document that grants as an accessory.
human rights to all is called the .
a. World Human Rights 39. BBM was born on July 5, 2001. In
b. Universal Declaration of Human Rights July 5, 2016, he commited a crime of theft. Is
c. Human Rights for All BBM liable?
d. Indian Declaration of Human Rights a. Yes, for he has committed a crime
b. Yes, for he knows what he is doing
33. Charlie and Lea had been married for c. No because he is still a minor
more than 6 months. They live together with d. No because he acted without discernment
the children of Lea from her first husband.
Charlie had sexual relation with Jane, the 14- 40. BBM raped Sara in the presence of her
year-old daughter of Lea. Jane loves Charlie husband, forcing her, using the dog style
very much. What was the crime committed by position in the sexual act. Rape is committed
Charlie? aggravated by what circumstance?
a. Simple Seduction a. Ignominy
b. Qualified Seduction b. Passion
c. Consented Abduction c. Cruelty
d. Rape d. Craft

34. Article 1 of the 'Universal Declaration 41. Digong induces Bong Go to kill BBM.
of Human Rights' states 'All human beings are Bong Go killed BBM by means of treachery.
born free and equal in dignity and rights?' Should treachery be appreciated also against
a. true Digong, the principal by inducement?
b. false a. Yes, if he has knowledge that X killed Y
c. partially true by means of treachery.
d. partially false b. Yes, because there was conspiracy
c. Yes, because when there is conspiracy,
35. Pacquiao with intent to kill, fired his the act of one is an act of all.
gun towards BBM but hitting & killing Digong. d. Yes because he is principal by
What crime did Pacquiao commit? inducement, so he is liable for all the acts of
a. Consummated Homicide the principal by direct participation.
b. Attempted homicide as regards BBM
with consummated homicide as regards Digong
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42. Panelo killed Roque by stabbing
him from behind. Panelo called his brother-
in-law Harry, and told

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the latter that he killed Roque. Panelo asked b. Reiteracion
Harry to bury the cadaver of Roque to prevent c. Quasi-Recidivism
discovery which he did.
a. Harry is an accessory but is exempt
from liability
b. Harry is an accessory and is liable
c. Harry is an accessory but excused
from liability pursuant to art 22 of the Revised
Penal Code
d. Harry is an accomplice

43. BBM was charged before the court.

During the pendency of his trial, he died. What
would be the effect of his death on the case
involved and in his criminal liability?
a. The criminal case will be dismissed and
his criminal liability is extinguished.
b. The criminal case will proceed and his
criminal liability is not extinguished.
c. The criminal case will be archived to
wait for his resurrection.
d. There will be no effect at all because
his relatives will be the one to face trial and be
punished in case of his conviction.

44. The Philippines is at war with China.

The President issued an order prohibiting the
sending of letters to China nor flight to the said
enemy country. BBM, a Filipino, despite such
order rented a private plane going to China.
While BBM was about to board the plane, he
was arrested by members of the aviation
security group. Is BBM liable for a crime of
flight to enemy country.
a. No, because he was just about to board
when he was arrested.
b. No, because he did not successfully
reach Japan.
c. Yes, because mere attempt to flight is
punishable
d. Yes, because mere intent to flight is
punishable under the law.

45. Patrolman Harry without legal grounds

arrested and detained Chel Diokno and
deprived said person of his liberty. Patrolman
Harry is liable for:
a. Illegal detention
b. Arbitrary detention
c. Unlawful arrest
d. Kidnapping

46. Digong was arrested for illegal

possession of firearms which is considered a
low power gun. Considering that such is
punishable by correctional penalty, within how
many hours should a case be filed to the
proper judicial authority?
a. 12 hours
b. 18 hours
c. 24 hours
d. 36 hours

47. BBM was convicted for a crime of

robbery before serving his sentence or while
serving the same, he commited a crime of
murder, what condition is said to have
occurred?
a. Recidivism
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d. Habitual delinquency

48. BBM upon entry to the house of

Lenie took the jewelry in the cabinet using
the key of the latter to unlock said cabinet.
BBM is liable for:
a. Theft
b. Robbery
c. Possession of false key
d. Qualified theft

49. Pedro was able to have carnal

knowledge with his 17 year-old girlfriend
by promising the latter with marriage,
What crime was commited?
a. Qualified Seduction
b. Acts of lasciviousness
c. Simple seduction
d. None of the foregoing

50. What is the meaning of quash?

A. Overthrow
B. Vacate
C. Annul
D. All of the above

51. It refers to evidence other than the

original instrument or documents itself.
A. secondary evidence
B. best evidence
C. original evidence
D. primary evidence

52. A kind of evidence which shows

that a best evidence existed as to the proof
of the fact is in question
A. Real Evidence
B. Secondary Evidence
C. Best Evidence
D. Res gestae

53. Secondary evidence may prove it

contents except
A. recital of its contents in some
authentic document
B. by the handwriting of the person
C. by the testimony of the witness
D. by a copy

54. Is marital rape recognized in RA 8353?

a. No
b. Yes
c. It depends
d. False

55. The offender in misprision of

treason is a principal in such crime. Thus,
the penalty to be imposed is that of:
a. An accessory to the crime of treason
b. An accomplice to the crime of treason
c. A principal to the crime of treason
d. A principal to the crime of
misprision of treason

56. Sedition may be committed by at

least how many persons?
a. 2
b. 3

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c. 4 passage of the law and which was innocent when
d. 5 done, and punishes such an act.
b. Aggravates a crime, or makes it greater
57. If direct assault is committed and the than it was when committed
APA suffers slight physical injury, the proper
charge should be:
a. Direct Assault only
b. Direct Assault with slight physical
injuries
c. Direct Assault and slight physical
injuries
d. Slight Physical Injuries

58. A constructed a small house in a piece

of land which he believed to be a disposable
public land he had been occupying the lot for
over a year. One day, B came and claimed
ownership over the land. B proceeded in
dismantling the house of A. The latter pleaded
B to stop but his plea fell on deaf ears.
Thereupon, A pulled B to prevent him from
further dismantling the house. In the process, B
fell on the ground and suffered physical
injuries. This best illustrates:
a. Self-Defense
b. Defense of Property Rights
c. Doctrine of Self-Help
d. All of the above

59. This is a kind of aggravating

circumstance which of necessity accompany
the commission of the crime, therefore not
considered in increasing the penalty to be
imposed.
a. Generic
b. Specific
c. Inherent
d. Special

60. The mayor detained the offended party

for three days because to take him to the
nearest MTC required a journey for three days
by boat as there was no other means of
transportation. The distance which required a
journey for three days was considered:
a. an uncontrollable fear
b. an irresistible force
c. a lawful or insuperable cause
d. an absolutory cause

61. Stages of execution do not apply to

the following except:
a. Offenses punished by special penal
laws
b. Formal crimes
c. Crimes committed by mere agreement
d. Material crimes

62. Based on the classifications of felonies,

rape, arson, theft and robbery are classified as:
a. Formal Felonies
b. Material Felonies
c. Crimes which do not admit of
frustrated stage
d. All of the above

63. An ex post facto law is a law which

describes the following except:
a. Makes criminal an act done before the
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c. Alters the legal rules of evidence, or intended to be caused.
and authorizes conviction upon less or a. falsification of commercial document
different testimony than the law required b. falsification of private document
at the time of the commission of an offense c. falsification of public document
d. Inflicts punishment without judicial
trial, its essence being the substitution of
legislative fiat for a judicial determination
of guilt.

64. Penal laws and those of public

security and safety shall be obligatory
upon all who live or sojourn in the
Philippine territory, subject to the principles
of public international law and to treaty
stipulations
a. Territorial
b. General
c. Prospective
d. All of the above

65. Man is essentially a moral creature

with an absolute free will to choose
between good and evil thereby placing
more stress upon the effect or result of the
felonious act than upon the man, the
criminal himself.
a. Classical Theory
b. Positivist Theory
c. Eclectic Theory
d. Protective Theory

66. If cooperation of the accused

consists in performing an act necessary in
the execution of the crime committed, he is
a:
a. Principal by inducement
b. Principal by indispensable cooperation
c. Accomplice
d. Principal by direct participation

67. If the cooperation is not

indispensable, the offender is:
a. An accessory
b. An accomplice
c. A principal by indispensable
cooperation
d. A principal by inducement

68. Who are criminally liable for grave

and less grave felonies?
I. Principal
II. Accomplice
III. Accessory
a. I and II
b. I, II and III
c. I only
d. Any of the above

69. It is a circumstance which affects

the act not the actor.
a. Exempting circumstance
b. Justifying circumstance
c. Extenuating circumstance
d. Alternative Circumstance

70. For the act to be punishable in this

act of falsification of document, there must
be a manifestation that some prejudice or
damage to a third party had been caused
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d. falsification of official document be a
a. private individual
71. A grandson who kills his
illegitimate grandfather is guilty of
a. homicide
b. parricide
c. murder
d. euthanasia

72. Maine give birth to a child and

abandons the child in a certain place to free
herself of the obligation and duty of rearing
and caring for the child because Alden left her.
What crime did the Maine commit?
A. Simulation of births
B. Abandoning a minor
C. Infanticide
D. Negligence

73. An unlicensed firearm was confiscated

by a Police Insp. Cardo. Instead of turning over
the firearm to the property custodian for the
prosecution of the offender, Police Insp. Cardo
took the said the firearm. What crime was
committed?

A. Malversation
B. Qualified theft
C. Anti-fencing law
D. Incriminatory Machination

74. In the crime of adultery, sexual

intercourse need not be proved by a direct
evidence:
a. False
b. True
c. Partially True
d. Partially False

75. Totoy demanded from the victim “tol

pera pera lang to dahil kailangan lang. The
victim refused to part with his earnings and
resisted. He even tried to get out of the taxicab
but Totoy pulled him back and stabbed him.
Randy, Rot-Rot and Jon-Jon followed suit and
stabbed the victim with their bladed weapons.
The victim was able to flee from the vehicle
without anything being taken from him. The
robbery in this case is:
a. Attempted
b. Frustrated
c. Consummated
d. None of the above

76. A killed B by stabbing B in the heart

which resulted to B’s death. The witness is the
wife of the victim, who said that a day prior to
the killing. A threatened B. Is there a qualifying
circumstance in this case?
a. Yes, evident premeditation
b. Yes, treachery
c. Yes, abuse of superior strength
d. None

77. Any person who, by direct provision of

the law, election of appointment by competent
authority, shall take part in the performance of
public function in the government or in any of
its branches public duties shall be deemed to
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 b. public officer extortion
c. none of these d.corruption of public official
d. all of these
83. This crime is committed by a public officer,
78. It is committed by a public officer in whenever there is pending before him matter
charge of the collection of taxes, licenses, in which a woman is interested of with respect
fees and etc.by demanding an amount thereto. He is required to submit a report to
different or larger than that due by the or consult with a
government: failing to issue a receipt as
provided by receiving payment objects
different from that provided by law
a. illegal exaction
b. estafa
c. maturation
d. none of these

79. A who is the private complainant in

a murder case pending before a regional
trial court, gave too the presiding judge a
Christmas gift. Consisting of big basket of
assorted goods and fruits as well as
expensive imported wines, the judge
accepted the gift knowing it came from A.
what crime or crimes committed?
A. Direct Bribery
B. Indirect Bribery
C. Qualified Bribery
D. None of these

80. A government casher did not bother to

put public fund in the public vault but just
left in the drawer of his table, which has no
lock. What crime was committed?
a. technical malversation
b. malversation
c. no criminal
liability d.all
of the above

81. A party to a case approached the

court’s stenographer and proposed the
idea of altering the transcript of
stenographic notes. The court
stenographer agreed and he demanded
P3,000.00 even before the stenographer
could alter his notes. What crime was
committed?
a. direct bribery
b. qualified bribery
c. indirect bribery
d. all of these

82. While manning the traffic lights at the

intersection of Espana and Washington St.
Patrolman X ordered Y to stop his taxi,
threatened to arrest him and confiscate his
driver license for allegedly over speeding
and reckless driving. Familiar with the dirty
ways of some traffic policeman, Y pulled
out his wallet, picked up his driver’s license
with the hidden P200.00 inside the same
and handed it to patrolman X thereafter,
the patrolman returned to Y his license and
allow him to go. What crime did patrolman
X commit?
A.indirect bribery
b. direct bribery
c.robbery
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 superior, and he solicits or makes an b. The defense counsel was right the testimony
indecent or immoral advance upon said was presented to prove its contents the
woman. prosecution must produce the original.
A. acts of lasciviousness c. The defense counsel was wrong Best
b. abuses against chastity evidence rule does not apply to testimonial
c. coercion evidence
d. unjust vexation d. The defense counsel was wrong the
objection was misplaced on the grounds that
84. X is the head of a family. Living with them the inquiry involved the execution of the check.
in the house is a cousin of his wife, a virgin
under 18 years old but over 12 years. X had 90. What is the Rule in the Evaluation of
sexual intercourse with the cousin of her wife. evidence where the evidence in a criminal case
What crime was committed? is evenly balanced so that the constitutional
a. seduction scale is tilted in favor of the accused?
b. qualified seduction A. Balancing Rule
c. seduction with consent B. Equipoise Rule
d. all of the above C. Presumption of innocence
D. Exclusionary Rule
85. Under Art.122, Revived Penal Code, the
crime of piracy is committed by: 91. Which of the following are public
a. Non-member of the complement of the documents?
vessel and non- passenger of the vessel I. The written Officials acts, or records of
b. Crew members of the vessel the official acts of the sovereign authority,
c. All of the above official bodies and tribunals, and public officers
d. None of these II. Documents executed by private
persons and acknowledge before a notary
86.A, B, C and D murdered Pedro in the forest. public
E, who was an innocent passerby in the forest, III. Public records, Kept in the Philippines,
accidentally saw what A, B, C and D had done. of private documents required by law to be
A, B, C and D also saw E, and they pointed entered therein
their guns against E, and forced E to burn the A. I, II, III
cadaver of Pedro. Is E criminally liable as an B. I, III
accessory for burning the cadaver of Pedro? C. I, II
A. No, he acted under the impulse of uncontrollable D. II, III
fear of an equal or greater injury.
b. No, he acted under the compulsion of 92. In order to determine the veracity of
irresistible force. the testimony of the witness against him. The
c. Yes, he acted in conspiracy with the accused. accused has the right to
d. Yes, he had the opportunity to escape. A. Testify on his own behalf
B. Secure the presence of his witnesses in
87.A police officer testifying before the court is court
allowed to refer to his/her memorandum C. Has the testimony of the witnesses
respecting a matter of against him
. D. Cross examine and confront the
a. question of law witnesses against him
b. fact recorded by his superior
c. opinion of an expert 93. The legal officer who presides over the
d. fact he recorded a long time ago courtroom and directs and controls the trial. A
man of learning who spends tirelessly weary
88.A is accused of a crime while B was the hours after midnight acquainting himself with
witness for the prosecution. Before the trial the great body of traditions and the learning of
begins, A and B got married. Here, the law:
a. B is still qualified to testify against A a. Clerk of Court
b. B is no longer qualified to testify against A b. Presiding Judge
c. B is no longer qualified to testify against A c. Stenographer
d. B is no longer qualified to testify against A d. Officer in charge
because of the marital disqualification rule,
unless A gives his consent 94. Mokang was applying for a Philippine
passport. She has been “Tago ng Tago” in
89.During the trial the defense counsel wants Japan for so long. Ramon agreed to issue a new
to prove that the check was in fact issued by passport after having sexual intercourse with
Maine and presented a witness. The witness Mokang in the latter’s house. Is Ramon
testified that he in fact saw that Maine signed criminally liable to our criminal law?
the Check then it was objected on the grounds A. No, Japan criminal law is not applicable to
that the check itself must be produced. him
a. The defense counsel was right the testimony B. Yes, the crime committed is in relation
is with regard to the issuance of a worthless to his official function
check and not to its contents. C. No, the crime was committed in Japan
D. None of these
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95. X is an accused in a criminal case
for consummated murder. X tried to settle
the case with

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the family of the offended party. X's act of settling the
case is .
a. an offer of compromise and implied
admission of guilt
b. an offer of compromise and is not an
implied admission of guilt
c. a quasi-confession of guilt
d. an offer to settle the case to buy peace

96. The father of X admitted on television

that his son is a robber. This statement of the
father against his son is not admissible against
the son because of .
a. res inter alios acta rule
b. dying declarations
c. res inter alios acta rule # 2
d. common reputation

97. A crime was committed in Makati, but

the prosecutor filed the case in Muntinlupa.
Later, when the prosecutor realized the
mistake, he filed the case in Makati and
withdrew the Muntinlupa case. The accused
objects on the ground that there is double
jeopardy. Is there double jeopardy?
a. Yes, the case had already been filed
before a court.
b. No, if the Muntinlupa court had no
jurisdiction, the accused was in no danger of
being placed in jeopardy.
c. Yes, since the case is already filed in
court and this is the mistake of the prosecutor.
d. No, because not all the elements of
double jeopardy are present.

98. Kissing a girl in public and touching her

breast without lewd designs committed by a
rejected suitor to cast dishonor on the girl,
what crime was committed?
a. slander
b. slander by deed
c. oral defamation
d. all of these

99. X went to the house of his fiancée of 17

years old, her parents being absent, and
waiting of that opportunity, with a renewal of
his promise to marry her, he succeeded in
having sexual intercourse with her. What crime
was committed?
a. seduction
b. qualified seduction
c. none of the above
d. all of these

100. If a girl, below 12 years old, agreed to

the elopement, what crime was committed?
a. forcible abduction
b. kidnapping
c. illegal detention
d. coercion

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