DIAGNOSTIC EXAMINATION CLJ a. No, because of defense of relatives.

b. No, because of mistake of fact.

1. A imagines killing B. A is not criminally c. Yes, because his father is a robber.
liable because d. Both a and b
a. he does not commence the commission of
a crime directly by overt act 6. A stole the phone of B and used it for a
b. there is no witness against A day. After realizing that what he did was
c. there is no injury to B wrong, A returned the phone to B. Here, A is
d. there is no law against imagining a crime __________.
a. still liable for theft
2. A killed B. The killing was accidentally b. still liable for robbery
witnessed by W. W did not report to the c. no longer liable for any crime
police what he saw for fear of being involved d. no longer liable for any crime because of
in a criminal trial. Is W criminally liable for spontaneous desistance
any crime for not reporting the crime
incident? 7. X, with intent to kill, slowly
a. Yes, for obstruction of justice. approached Y who was seated on a chair and
b. Yes, as an accessory to the crime that he whose back was turned against X. Because X
witnessed. had a defective eyesight, he miscalculated
c. No. As a rule, there is no law that requires his target' and his knife landed against the
a person to report a crime he witnessed. frame/back of the chair, thus
d. No. As long as he reports the incident to alerting Y. Y was not even scratched
the governor, mayor or fiscal of the place because the back frame of the chair
where he is a resident. protected him from injury. Here, what crime
was committed by X?
3. 8. A faith healer accidentally killed his a. Attempted murder b. Frustrated murder
victim while in the process of helping him get c. Impossible crime of murder
rid of an alleged demonic possession. The d. Attempted homicide
faith healer may be held liable for e. Attempted parricide
___________.
a. reckless imprudence resulting to homicide 8. X struck Y with a bolo, hitting the latter in
b. murder c. homicide d. physical injury his neck, chest, arms and legs. Y pretended
to be dead. X thought he had already
4. A sees B rushing rapidly toward him, with succeeded in killing Y, so he left
outstretched arms and a pistol in his hand, immediately. Y was alive and ran away
and using violent menaces against his life as after X left. What stage of the crime was
he advances. Having approached near committed?
enough in the same attitude, A, who has a a. Frustrated; the crime was not produce d
club in his hand, strikes B over the head because of causes independent of the will of
before or at the instant the pistol is the accused. In this case, the pretense of
discharged, and of the wound, B dies. It death by Y.
turns out the pistol was loaded with powder b. Consummated; it is the state of mind of
only, and that the real design of B was only the accused that should be the considered.
terrify A. A is not criminally liable because_ He thought he had killed Y, and that is
a. he acted under a mistake of fact enough to make the crime consummated.
b. he acted in self-defense c. Impossible crime; it is impossible to kill
c. Both a and b, or either one of them another person who pretends to be dead
d. he acted in fulfillment of a duty already, so naturally X already stopped
e. he acted under the instinct of self- killing Y.
preservation d. Physical injuries; the playing dead of the
victim makes it impossible for the court to
5. A pointed a gun to B and said to B: “hold- determine whether the crime is attempted or
up”. B fought back and the two wrestled for consummated.
the possession of the gun. Meanwhile C, the
son of A, not knowing that his father was a 9. How do you call X, when he was convicted
holdupper/robber, came to the rescue of estafa on January 1, 1995?
of A and attacked B. Is C criminally liable? a. Recidivist b. Quasi-recidivist
c. Habitual delinquent d. Hardened criminal though his identity is known by the police
and by the relatives of the victim. It was only
10. How do you call X at the time of his on December 1, 2020 that a case for
conviction for robbery on February 1, 1998? homicide was filed against X. Please give
a. Recidivist b. Quasi-recidivist your comment.
c. Habitual delinquent d. Hardened criminal a. X can be charged with homicide because
the crime has not yet prescribed.
11. Which of these relatives is not considered b. X can't be charged with homicide anymore
in the alternative circumstance of because the crime has prescribed.
relationship? c. X can be charged with homicide because
a. Spouse b. Ascendant c. Descendant the penalty has not yet prescribed.
d. Legitimate, natural, or adopted brother or d. X can't be charged with homicide anymore
sister, or relative by affinity in the same because the penalty has prescribed.
degree of the offender
e. Uncle and auntie, niece and nephew 16. A court stenographer maliciously altered
his own transcript and delivered it to the
12. A mother stole jewelry from a jewelry parties involved. This is _______________.
store. The daughter of that mother, knowing a. falsification by a public officer
that her mother stole these items, hid these b. falsification by a private person
pieces of jewelry so the police would not see c. falsification by a notary public
them. The daughter is _______________. d. forgery
a. a principal b. an accomplice
c. an accessory but after the fact, not 17. A policeman asked for a transcript from a
exempt from criminal liability despite of her court stenographer and thereafter
relationship to the principal maliciously altered the transcript made by a
d. accessory but exempted from criminal court stenographer to suit his interest. This is
liability due to her relationship to the _____________.
principal a. falsification by a public officer
b. falsification by a private person
13. A mother stole jewelry from a jewelry c. falsification by a notary public
store. The daughter of that mother, knowing d. forgery
that her mother stole these items, got the
pieces of jewelry from the mother and sold 18. Pedro erased the age 18 in his cedula
them to an unsuspecting buyer. Thereafter, and replaced it with 19 which is his real age.
both the mother and the daughter divided Here, ____________.
the money among themselves. The daughter a. there is falsification
is ___________. b. there is no falsification
a. a principal b. an accomplice c. there is counterfeiting
c. an accessory not exempted from criminal d. there is forgery
liability 19. A Muslim guy who legally married four
d. an accessory but exempted from criminal wives was found to have killed his second
liability due to her relationship with the wife. What crime was committed?
principal a. Parricide b. Murder
14. A killed B. When C, the wife of A, knew of c. Homicide d. Infanticide
this occurrence, she berated A. But she
nevertheless helped A to bury the dead body 20. A father caught her married daughter
of B. C is ____________. (who is already 18 years old) having sex with
a. a principal b. an accomplice a man who is not her husband. The father
c. an accessory immediately killed the daughter due to
d. an accessory but exempted from criminal outrage. What crime was committed by the
liability father if there is any?
a. No crime
15. X committed the crime of homicide on b. Death inflicted under exceptional
December 25, 2010. Homicide is punishable circumstances
by reclusion temporal. For some reason, no c. Parricide d. Murder
criminal case was filed against X even
21. X (husband) caught Y (wife) in the act of PCSO but it was discovered as a forgery. A is
having sexual intercourse with Z, a liable for _________.
neighbor. X became enraged, killed a. attempted estafa through forgery
both Y and Z on the spot. This type of killing b. attempted estafa
is known as what? (Note: X and Y are legally c. attempted theft
married) d. falsification of official document
a. Parricide
b. Complex crime of parricide with homicide 27. A pawned his jewels at a pawnshop.
c. Death inflicted under exceptional While A was sleeping, B, his servant, took
circumstances the pawnshop ticket and redeemed the
d. No crime jewels. What crime was committed by B?
a. Complex crime of estafa through theft
22. X (husband) caught Y (wife) in the act of b. Estafa c. Theft d. Falsification
having sexual intercourse with Z, a
neighbor. X became enraged and 28. A servant was not paid his wage. The
immediately inflicted serious physical injuries servant did not feed the dog of his master as
against both Y and Z on the spot. What will an act of hate or revenge. The dog died of
happen to X if after trial the above facts hunger. This is _______________.
were proven? (Note: X and Y are legally a. cruelty to animalb. malicious mischief
married) c. theft d. murder
a. Conviction for death inflicted under
exceptional circumstances 29. H (husband) and W (wife) are husband
b. Conviction for serious physical injuries and wife in 2012. W had sex with another
inflicted under exceptional circumstances person in 2012. In 2013, H and W were
c. Conviction for less serious physical injuries divorced (annulment) from each other.
d. X will be declared exempted from Can H still file adultery case against W in
punishment. 2013?
a. Yes, because the adultery took place when
23. In relation to the immediately preceding H and W were still married to one another.
question, what if X only inflicted slight b. No, because H is no longer the offended
physical injuries upon Y and Z? husband since he is no longer the present
a. Conviction for death inflicted under husband of W.
exceptional circumstances c. Yes, because the crime took place when
b. Conviction for serious physical injuries they were married.
inflicted under exceptional circumstances d. No.
c. Conviction for less serious physical injuries
d. X will be declared exempted from any 30. Petra and Pedro committed adultery this
punishment whatsoever. year. Next year, they will also commit
adultery. How many counts of adultery will
24. A known prostitute killed her own child be committed?
who is less than three days old. Is there a a. Only one since it is favorable to the
mitigation of liability? accused.
a. Yes, the law does not distinguish. b. Only one since adultery is a continuous
b. No, since she has no good reputation offense.
c. Yes, if she was the victim of rape. c. At least two counts of adultery since
d. No, she is not entitled to mitigation. adultery is not a continuing offense, each
25. Maria gave birth to a fetus with an sexual intercourse is considered a separate
intrauterine life of less than 7 months. Maria offense.
killed the fetus within 24 hours from its d. No adultery was committed.
delivery. Maria committed 31. A boy who was rejected by the girl as a
a. infanticide b. murder suitor approached the girl inside the church
c. parricide d. abortion e. no crime and touched her breast. This is
_____________.
26. A forged a losing sweepstakes ticket, a. grave coercion b. acts of lasciviousness
making it appear that it had the winning c. light coercion d. unjust vexation
combination. A tried to present it at the
32. A man forcibly touched the breasts of a still decide to desist or continue the
woman inside a movie theatre while the commission of the crime is the phase.
lights are out. What crime was committed? a. objective b. internal
a. Grave coercion b. Acts of lasciviousness c. subjective d. external
c. Light coercion d. Unjust vexation
33. A man threw a girl on the floor, placed 38. After the decision was rendered by the
his private part into the private part of the trial court, the accused found a new
girl and made a motion of up and down evidence. What remedy should the accused
movement, without making any efforts to do based on the new evidence?
actually insert his penis into the vagina of a. file a motion for reconsideration.
the latter. What crime was committed? b. File a motion for new trial.
a. Attempted rape b. Rape c. File Notice for Appeal.
c. Grave coercion d. Unjust vexation d. File Petition for Certiorari
e. Acts of lasciviousness
39. What is the antonyms (reverse meaning)
34. The accused bought a car and in of the word arrest?
payment thereof, he simultaneously issued A. Apprehend B. Search
checks to the seller. These checks C. Set free D. Renounce
subsequently bounced. Which of these may
be filed against the accused? 40. It is said that the home is the cradle of
a. Estafa b. BP 22 human personality, for it where the child
c. Either estafa or BP 22, or both Estafa and develops his fundamental attitudes and
BB 22; there is no double jeopardy habits that last throughout his life.
d. The prosecution must choose whether it a. school b.community
will file estafa only or BP 22 only; just choose c. barangay d. family
one, otherwise there would be double
jeopardy 41. The Lupon Tagapamayapa shall be
composed of the Brgy. Chairman as
35. When the demurrer to evidence is filed Chairman of the Lupon and the Brgy.
WITHOUT LEAVE OF COURT, which of this Secretary as the Secretary of the Lupon and
could be the effect? other members who shall be:
a. The defense can still present its evidence a. more than 10 but less than 20
as its presentation is deemed not waived. b. not less than 10 but not more than 20
b. The accused waives the right to present c. more than 10
evidence and submits the case for judgment d. less than 10
on the basis of the evidence for the
prosecution./ “without leave of court” means 42. Which department of the government
without permission or consent of court. has the power to order a change of venue of
c. Both a and b trial so as to avoid a miscarriage of justice?
d. Both the accused and prosecution can no a. supreme court b. department of justice
longer present any evidence c. congress d. executive branch
36. What is the remedy of the accused if his 43. Silence of an accused during arraignment
motion to quash is denied by the court? is:
a. From a denial of a motion to quash (which a. admission of guilt b. not guilty
is interlocutory), the accused must proceed c. an evidence of guilt d. a plea of guilty
to trial on the merits, and if he loses in the
case, then he can appeal. 44. It is the duty of a party of going forward
b. File a petition for certiorari or mandamus. with evidence.
c. File a petition before the Supreme Court to a. Quantum of Evidence
order a change of venue of trial. b. Quantum of Proof
d. File a motion for inhibition of the judge. c. Burden of Evidence d. Burden of Proof
37. The PHASE in the commission of the
crime when the person is from the point of 45. It is that amount of relevant evidence as
beginning or within the point where he can a reasonable mind accept as adequate to
support a conclusion.
a. Proof beyond reasonable doubt crime, but that there is a cause for believing
b. Sufficiency of evidence that the person whose arrest is sought might
c. Prima Facie Evidence have committed the crime charged and that
d. Substantial Evidence the object sought to be seized is in the place
to be searched.
46. Amora in his Counter-Affidavit declares A. Order for search warrant and seizure
that he performed an act like shooting the B. Writ of execution
victim but denies that he did not so with C. Writ of confiscation
criminal intent because the shooting was D. Probable cause
done in self-defense, the declaration of
Amora is an: 53. Physical evidence ranks high in our
a. confession b. admission hierarchy of trustworthy evidence but where
c. declaration against interest d. pedigree the physical evidence runs counter to the
testimonial what should prevail?
47. How do you classify photographs, maps, A. physical evidence B. testimonial evidence
x-rays, charts and the like evidence? C. a and b is correct D. none of the above
a. Object evidence
b. Demonstrative evidence 54. Piracy under Art. 122 of the Revised
c. Original evidence d. Parol evidence Penal Code, may be distinguished from P.D.
532, as the latter can be committed only .
48. It refers to family history or descent A. both internal lands and waters
transmitted from one generation unto B. in the high seas
another whether oral or written and which C. anywhere in the Philippines
may be an exception to the hearsay rule. D. within the Philippine waters
a. Whiskas b. Pedigree
c. Laying Mass d. Concentrate 55. When a Japanese killed a Chinese on
board a vessel in the Philippine waters, may
49. Cardo testified that Coco was charged the criminal law of the Philippines apply?
with robbery, has committed bag-snatching a. Yes, the Philippine criminal law is
three times in Recto Ave. in the last 5 applicable.
months. Can the Court admit this testimony b. Yes, since the offender is a Japanese
as evidence against Coco? c. No, it is the Chinese criminal law that
a. No, since there is no showing that Cardo applies
witnessed the past 3 robberies d. No, the Philippines criminal law is not
b. Yes, as evidence of a pattern of criminal applicable.
behavior proving his guilt of the present 56. Who incurs criminal liability?
offense a. Any person commiting a felony although
c. Yes, as evidence of his past propensity for the wrongful act done be different from that
committing robbery which is intended.
d. No, since evidence of guilt of a past crime b. By any person performing an act which
is not evidence of guilt of a present crime. would be an offense against persons or
50. What kind of aggravating circumstance is property, were it not for the inherent
recidivism? impossibility of its accomplishment or an
a. Generic b. Special account of the employment o inadequate or
c. Specific d. Qualifying ineffectual means.
c. By anyone who performs an act resulting
51. What kind of aggravating from accident.
circumstance is habitual delinquency? d. A and B only
a. Generic b. Special 57. Andres is a barista of SB Coffee. He
c. Specific d. Qualifying received payment of 1K from a customer
which he pocketed instead of crediting it to
52. It simply means that sufficient facts must the account of the company. The transaction
be presented to the judge or magistrate was evidenced by a transaction receipt.
issuing the warrant, to convince him, not What crime did Andres commit?
that the particular person has committed the a. Theft b. Estafa c. Qualified Theft
d. Malversation of Public Funds or Property 63. One that can only be altered through a
formal, often difficult process
58. Because of the approaching town a. Written constitution
fiesta in Calamba City, a dance was held in b. Rigid constitution
Barangay Pansol. Tano, a Barangay c. Enacted constitution
Chairman was delivering a speech when one d. Flexible constitution
of the guests Willy went to the center of the
dance floor making obscene dance 64. How should the plea to a complaint or
movements, brandishing a knife and information be made by the accused?
challenging everyone present to a fight. Tano a. Personally, in open court and of record
told him not to disturb the occasion. When b. By the approval of the court and upon
Tano turned his back, he was stabbed by written request by the accused
Willy at the back. Tano fell to the ground and c. Through counsel in open court and on
died. What crime did Willy commit? record
a. Direct Assault with Murder d. Personally by written motion
b. Direct Assault with Homicide
c. Direct Assault and Murder 65. An accused may move for the suspension
d. Direct Assault and Homicide of his arraignment if
a. a motion for reconsideration is pending
59. May a "fake" document be considered as before the investigating prosecutor
original" or "authentic"? b. accused is bonded and his bondsman
a. Yes, a forged or spurious document when failed to notify him of his scheduled
presented in court for examination is arraignment
considered as the original fake or forged c. a prejudicial question exists
document. d. there is no available public attorney
b. No, the allegedly forged or spurious
document is only secondary to the original 66. Pre-trial conference in criminal cases is
questioned document. mandatory. One of the matters that should
c. Yes, although it was a fake document be taken during the said proceeding is
when it is offered in court it would be stipulation and admission of facts. The
consider as public document and an original purpose of entering into a stipulation or
document. admission of facts is to what?
d. No, Fake document carries in itself falsities a. Ensure justice and fair play
which could not be accepted in court as b. making sure of facts
authentic and original. c. expedite trial
d. corroborate either side party
60. Which rule of evidence applies only
to documents? 67. What is the stage of the proceedings in
a. Best evidenceb. Privileged communication court where the plea bargaining, stipulation
c. Opinion d. Hearsay of facts, markings of exhibits, etc are
considered or discussed?
61. It is enacted at a certain moment and a. Pre-trial conference b. Trial
date as a result of a conscious or deliberate c. Arraignment d. Preliminary conference
effort by constituents or a leader.
A. Written constitution 68. Stage in the commission of a felony when
B. Unwritten constitution all the elements necessary for its
C. Enacted constitution accomplishment and execution are present.
D. Evolved (Cumulative) Constitution a. Attempted b. Frustrated
c. Consummated d. Enumerated
62. _______is the result of political evolution
that was not launched at a certain time, but 69. Generally, plea bargaining is made
rather changed by accumulation as opposed during what stage of the criminal proceeding
to a systematic procedure. a. Pre-trial b. Trial-proper
a. Written constitution c. Arraignment d. Promulgation
b. Unwritten constitution
c. Enacted constitution 70. It is the examination before a competent
d. Evolved (Cumulative) Constitution court or tribunal, according to the laws of the
land, of the facts in issue for the purpose of 79. Josh got married to Anna in 2008 at
determining such issue. Bohol. In 2015, Josh went to Dubai and
a. Pre- Trial b. Arraignment married Rose. Is Josh liable for Bigamy?
c. New Trial d. Trial a. Yes b. No
c. Yes, but only in Dubai d. It depends
71. In this jurisdiction, when two or more
accused are jointly charged with any offense, 80. Maria and Mario were married in 2010.
they shall be tried jointly. Separate trial is In 2013, Mario died due to car accident.
a. Within sound discretion of the court. Maria met Ken in 2015 and got married
b. A constitutional requirement. shortly thereafter. Is Maria liable for Bigamy?
c. Statutory requirement. a. Yes b. No
d. Mandatory. c. It depends d. No correct answer
81. In the hierarchy of evidence, it is
72. The status of an essential witness considered as the most reliable because its
whenever his whereabouts are unknown or physical appearance cannot lie?
his whereabouts cannot be determined by a. Testimonial b. Documentary
due diligence c. direct evidence d. real evidence
a. Unavailable b. Absent
c. Hostile d. Adverse 82. If factum probans refers to evidentiary
fact, factum probandum refers
73. After the prosecution has rested its case, to____________.
the accused file a motion to dismiss, with or A. facts in issue B. ultimate facts
without leave of court; this rule is known as C. evidentiary issue D. main
a. Bill of particulars b. Demurrer to evidence issue
c. Summary proceeding d. Motion to quash
83. X and Y were before the police station
74. Requisite before recall of a witness. and under investigation for stealing razor. X
a. Leading Question b. Misleading was beaten by the police within the hearing
Question distance of Y. Y, on the other hand, was
c. Impeachment d. Leave of Court luckier because he was not subjected to the
same treatment. Y made an extrajudicial
75. A solemn and formal declaration or confession out of fear that he would be
assertion that the witness will tell the truth is beaten later if he did not confess. Y's
called: extrajudicial statement is ______________.
a. Statement b. Promise a.admissible because no torture was inflicted
c. Affirmation d. Declaration him
b.not admissible because the torture of X
76. When in court, everyone including the within Y's hearing distance is sufficient
police officers are under obligation to show intimidation to Y as well, hence, his
respect and dignity to the court by always confession was not voluntary
addressing the presiding judge as that? c.admissible as part of res gestae
a. Your Honor b. Justice d.All of the above
c. Your majesty d. Sir
84. Is an inquiry or proceeding to determine
77. Generally, what is the nature or category whether there is sufficient ground to
of police officers on rendering court duties? engender a well-founded belief that a crime
a. Prosecution witness b. Judicial allies has been committed and the respondent is
c. Defense witness d. Agents of justice probably guilty thereof and should be held
for trial (probable cause)
78. When offered evidence is not objected to, a.custodial investigation
such failure to object amounts to b.inquest proceeding
a. A waiver b. A denial c.preliminary investigation
c. An admission d. A deferment d.arraignment
85. Is an inquiry made by the duty
prosecutor to determine the legality of the
arrest made especially those arrests made c. prosecution, rebuttal defense (accused),
without a warrant sur-rebuttal
a.custodial investigation d. defense, prosecution, rebuttal, sur-
b.inquest proceeding rebuttal
c. preliminary investigation
d.arraignment 91. X was charged with a certain crime
before the RTC. Although bail was allowable
86. X was arrested in flagrante delicto. An under his indictment, he could not afford to
inquest proceeding was conducted. The rules post bail, and so he remained in detention at
provide that he may ask for a preliminary the city jail. For various reasons, ranging
investigation before the information is filed, from the promotion of the presiding judge, to
provided_____. the absence of the trial prosecutor, and to
a. he must sign a waiver of his right to the lack of notice to the city jail warden, the
remain silent arraignment of X was postponed nineteen
b. he must sign a waiver of his right against times over a period of two years. What can
self-incrimination the lawyer for X do in order to protect the
c. he must sign a waiver of instituting a case rights of the accused who is his client?
of delay in delivery of detained person to a. File a motion to dismiss due to violation of
proper judicial authority under Article 125 of the right of the accused to speedy trial.
the RPC b. File a demurrer to evidence for
d. he must sign a waiver of instituting a case insufficiency of evidence.
of delay in delivery of detained person to c. File a motion to quash based on grounds
proper judicial authority under Article 125 of provided by the law.
the RPC assisted by a lawyer d. Appeal to the higher court.
e. must waive his right to bail in the
presence of a lawyer 92. X filed a motion to quash because the
court trying his case had not ordered the
87. What is this STAGE in court proceedings prosecutor to conduct a preliminary
where the prosecution and accused may investigation. Assuming that there was
agree on matters what will promote a fair indeed no preliminary investigation that took
and expeditious trial of the case? place, will the court grant his motion to
a. Trial proper b. Preliminary quash?
investigation a. Yes b. No
c. Inquest proceedings d. Pre- trial c. Yes, because it is a violation of his right,
both under the Bill of Rights and under Rule
88. It refers to the questioning initiated by 115 of the revised Rules of Court.
law enforcement officer after a person has d. No, because absence of a preliminary
been taken into custody. investigation is not a ground for motion to
a. custodial investigation b. interview quash under Rule 117,Section 3.
c. inquest d. interrogation
93. When the demurrer to evidence is filed
89. After the decision was rendered by the WITHOUT LEAVE OF COURT, which of this
court disposing of the case, which of the could be the effect?
following remedies allows the presentation of a. The defense can still present its evidence
new evidence? as its presentation is deemed not waived.
a. motion for reconsideration b. The accused waives the right to present
b. motion for new trial evidence and submits the case for judgment
c. notice of appeal on the basis of the evidence for the
d. petition for review prosecution./ “without leave of court” means
without permission or consent of court.
90. Which among the following illustrates c. Both a and b
order of trial? d. Both the accused and prosecution can no
a. prosecution, defense (accused), rebuttal, longer present any evidence
sur-rebuttal
b. rebuttal, sur-rebuttal, prosecution, 94. What is this right that the accused may
defense (accused) invoke during trial to avoid statement
against himself
a. Right not to be witness for his behalf to counteract the effects of the poison and
b. Right against self-incrimination the wife was saved but is now in vegetative
c. Right to assistance of counsel. state. What crime, if any, was committed by
d. Right to remain silent James?
a. Impossible Crime of Murder
95. When should the accused be informed of b. Frustrated Parricide
Miranda rights? c. Serious Physical Injuries
a. Before he is put into custody d. Frustrated murder
b. After he was asked any question related to
crime he was arrested for.
c. Immediately after he is arrested
d. When he is already assisted by a counsel
of his choice
96. Among the rights of the accused, which
is not a constitutional right?
a. right to speedy trial
b. right to counsel
c. right against self-incrimination
d. right to appeal
97. Amer is an American Consul accredited
to the Philippines. While driving his car
recklessly and imprudently along EDSA, he
bumped a pedestrian who was crossing the
street who instantly died. When prosecuted,
Amer raised diplomatic immunity. Is he
correct?
a. Yes, consuls enjoy immunity from criminal
prosecution.
b. Yes, diplomatic immunity is applicable in
this case.
c. No, consuls do not enjoy immunity from
criminal prosecution.
d. It depends on the evidence presented.
98. During the robbery in a dwelling house,
one of the culprits happened to fire his gun
upward in the ceiling without meaning to kill
anyone. The owner of the house who was
hiding thereat was hit and killed as a result.
What crime, if any, was committed?
a. Robbery, the killing is absorbed.
b. Robbery, there was no intent to kill.
c. Robbery with homicide.
d. Robbery and homicide.
99. Serious Physical Injuries admits
frustrated stage. The statement is _____.
a. True b. False
c. It depends d. True with reservation.

100. James, a physician, wanted to kill his

wife. He gave her food with poison. After
eating the poison, the wife became
unconscious. Bothered by his own
conscience, James gave her wife a medicine