JAN2024-DE-CLJ-ans Key PDF
JAN2024-DE-CLJ-ans Key PDF
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.
4. House of representatives is under what 11. In arbitrary detention it is required that the
branch of the government? offender must be a .
A. Judiciary the law a. A person in authority or agent
B. Legislative b. Any person
C. Executive c. A public officer or employee
D. Congress d. Private individual
5. What is the purpose why independent 12. In order for a Court to have authority to a
relevant evidence is admitted by courts? particular case, it must have jurisdiction of the
a. To show that a certain fact occurred, following, except
whether true or not a. the person of the accused
b. To prove to the court the allegations. b. the territory where the offense was
c. To prove that the fact is true committed
d. To prove that a fact is not true c. the subject matter
d. None of these
6. He is an arbiter in court who ensues that the
defense and the prosecution adhere to the legal 13. When a Filipino kills a Chinese on board a
requirements of introducing evidences. vessel bearing the flag of Mexico while the vessel is in
a. Clerk of court the Philippine water, may the criminal law of the
b. judge Philippines apply?
c. sheriff a. Yes, the Philippine criminal law is
d. jury applicable
b. Yes, since the offender is a filipino
7. If a person commits an act or omission which c. No. it is the Mexico criminal law that applies
is provided by revised penal code as amended or d. No, the Philippine criminal law is not
modified, the crime committed or omitted is . applicable
a. Crime
16. What do you call a court covering two (2) or 23. In order to determine the veracity of the
more municipalities? testimony of the witness against him. The accused has
a. MTC the right to
b. MeTC A. Testify on his own behalf
c. MCTC B. Secure the presence of his witnesses in court
d. MTC’s C. Has the testimony of the witnesses against
him
17. The new and independent act which is the D. Cross examine and confront the
immediate cause of the injury which breaks the witnesses against him
connection between the original wrong and the injury
is referred to as the . 24. Means that the state has the supreme
a. Effective intervening authority within their borders. Hence there are no
b. Causal connecting higher authorities and no entities with the authority to
c. Efficient intervening take coercive action inside the territorial limit of the
d. Efficient connecting state.
A. Internal Sovereignty
18. Which of the following illustration BEST B. External Sovereignty
exemplifies the concept of complex crimes? C. State Sovereignty
a. ERIC wanted to kill ANDREW. ERIC set the D. Sovereign Powers
house of ANDREW resulting to the death of ANDREW.
b. ERIC steal the chicken of ANDREW, while at 25. Which of the following is not correct about
it, took the chicken of MARK and that of CEDRIC confession?
c. ERIC killed ANDREW, after a week, raped A. if made by third persons, in certain cases, are
SASA and later steal the CHICKEN of CEDRIC admissible against party.
d. ERIC wanted to kill ANDREW. He threw B. it must always be express, never implied.
a grenade against ANDREW. It killed ANDREW C. it is a categorical acknowledgment of guilt.
and injured CEDRIC. D. if made by the party himself, in some
instances, is admissible against his co-accused.
19. The following are the sources of criminal law
EXCEPT . 26. Is that which in a case the resolution of which
a. Special law is a logical antecedent of the issue involved therein,
b. Ordinance and the cognizance of which pertains to another
c. Special penal laws tribunal.
d. Revised penal code a. Prejudicial question
b. inquest proceeding
20. A person asked you for advice on how to file c. preliminary investigation
a case of adultery against his wife? Which of the d. custodial investigation
following are allowed by the RULES in order to initiate
the filing a concubinage case? 27. How many articles are part of the 'Universal
A. The case of the adultery is a public offense, it Declaration of Human Rights?'
can be initiated by the police A. 30
B. The case of the adultery can only be B. 33
initiated by the complaint of the offended c. 32
spouse d. 34
C. The case of adultery can be initiated even
without the complaint of the offended spouse 28. A Foreign vessel registered in the country of
D. None of these Australia anchored at Manila Bay wherein an Australian
national was caught in possession of Cocaine. What
21. What is the crime committed by a person who rule provides that a crime committed while on board of
shall have carnal knowledge with a woman without the the vessel?
consent of the latter? a. French rule
A. Sexual harassment b. American Rule
43. BBM was charged before the court. During the 49. Pedro was able to have carnal knowledge with
pendency of his trial, he died. What would be the effect his 17 year-old girlfriend by promising the latter with
of his death on the case involved and in his criminal marriage, What crime was commited?
liability? a. Qualified Seduction
a. The criminal case will be dismissed and b. Acts of lasciviousness
his criminal liability is extinguished. c. Simple seduction
b. The criminal case will proceed and his criminal d. None of the foregoing
liability is not extinguished.
c. The criminal case will be archived to wait for 50. What is the meaning of quash?
his resurrection. A. Overthrow
d. There will be no effect at all because his B. Vacate
relatives will be the one to face trial and be punished C. Annul
in case of his conviction. D. All of the above
44. The Philippines is at war with China. The 51. It refers to evidence other than the original
President issued an order prohibiting the sending of instrument or documents itself.
letters to China nor flight to the said enemy country. A. secondary evidence
BBM, a Filipino, despite such order rented a private B. best evidence
plane going to China. While BBM was about to board C. original evidence
the plane, he was arrested by members of the aviation D. primary evidence
security group. Is BBM liable for a crime of flight to
enemy country. 52. A kind of evidence which shows that a best
a. No, because he was just about to board when evidence existed as to the proof of the fact is in
he was arrested. question
b. No, because he did not successfully reach A. Real Evidence
Japan. B. Secondary Evidence
c. Yes, because mere attempt to flight is C. Best Evidence
punishable D. Res gestae
d. Yes, because mere intent to flight is
punishable under the law. 53. Secondary evidence may prove it contents
except
45. Patrolman Harry without legal grounds A. recital of its contents in some authentic
arrested and detained Chel Diokno and deprived said document
person of his liberty. Patrolman Harry is liable for: B. by the handwriting of the person
a. Illegal detention C. by the testimony of the witness
b. Arbitrary detention D. by a copy
c. Unlawful arrest
d. Kidnapping 54. Is marital rape recognized in RA 8353?
a. No
46. Digong was arrested for illegal possession of b. Yes
firearms which is considered a low power gun. c. It depends
Considering that such is punishable by correctional d. False
penalty, within how many hours should a case be filed
to the proper judicial authority? 55. The offender in misprision of treason is a
a. 12 hours principal in such crime. Thus, the penalty to be
b. 18 hours imposed is that of:
c. 24 hours a. An accessory to the crime of treason
d. 36 hours b. An accomplice to the crime of treason
c. A principal to the crime of treason
47. BBM was convicted for a crime of robbery d. A principal to the crime of misprision of
before serving his sentence or while serving the same, treason
he commited a crime of murder, what condition is said
to have occurred?
75. Totoy demanded from the victim “tol pera 81.A party to a case approached the court’s
pera lang to dahil kailangan lang. The victim refused to stenographer and proposed the idea of altering the
part with his earnings and resisted. He even tried to transcript of stenographic notes. The court
get out of the taxicab but Totoy pulled him back and stenographer agreed and he demanded P3,000.00
stabbed him. Randy, Rot-Rot and Jon-Jon followed suit even before the stenographer could alter his notes.
and stabbed the victim with their bladed weapons. The What crime was committed?
victim was able to flee from the vehicle without a. direct bribery
anything being taken from him. The robbery in this b. qualified bribery
case is: c. indirect bribery
a. Attempted d. all of these
b. Frustrated
c. Consummated 82. While manning the traffic lights at the intersection
d. None of the above of Espana and Washington St. Patrolman X ordered Y
to stop his taxi, threatened to arrest him and confiscate
76. A killed B by stabbing B in the heart which his driver license for allegedly over speeding and
resulted to B’s death. The witness is the wife of the reckless driving. Familiar with the dirty ways of some
victim, who said that a day prior to the killing. A traffic policeman, Y pulled out his wallet, picked up his
threatened B. Is there a qualifying circumstance in this driver’s license with the hidden P200.00 inside the
case? same and handed it to patrolman X thereafter, the
a. Yes, evident premeditation patrolman returned to Y his license and allow him to
b. Yes, treachery go. What crime did patrolman X commit?
c. Yes, abuse of superior strength A.indirect bribery
d. None b. direct bribery