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JAN2024-DE-CLJ-ans Key PDF

The document is a diagnostics examination on criminal law and jurisprudence, consisting of multiple-choice questions covering various legal concepts and principles. It includes topics such as phases of crime, types of evidence, jurisdiction, and specific criminal acts. The examination is intended for participants in the January 2024 Continuing Legal Education (CLE) program.
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0% found this document useful (0 votes)
15 views8 pages

JAN2024-DE-CLJ-ans Key PDF

The document is a diagnostics examination on criminal law and jurisprudence, consisting of multiple-choice questions covering various legal concepts and principles. It includes topics such as phases of crime, types of evidence, jurisdiction, and specific criminal acts. The examination is intended for participants in the January 2024 Continuing Legal Education (CLE) program.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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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 crime b. Ordinance


when the person is from the point of beginning or c. Offense
within the point where he can still decide to desist or d. Felony
continue the commission of the crime is the phase.
a. Objective 8. Submitted by the accused to answer the
b. Internal complaint against him.
c. Subjective a. Affidavit
d. External b. Compliant affidavit
c. Counter affidavit
2. The declaration of an accused acknowledge d. Reply
his guilt of the offense charged, or of any offense
necessarily included there in is . 9. When the search and seizure conducted by
a. Liability the police is based on a search warrant, this
b. Confession presupposes that the search and seizure .
c. Admission a. May be questionable
d. Responsibility b. Is without probable cause
c. Violates the right of the person to privacy
3. Preliminary investigation is a matter of right d. Is with legal ground.
when the penalty for the crime committed is .
a. Not exceeding six years of imprisonment. 10. The power or authority to hear and decide a
b. Imprisonment at least 4 years, 2months case is
and 1 day regardless of fine. a. Judicial
c. Imprisonment is 4 years, 2 months and 1 day b. Jurisdiction
regardless of fine c. Venue
d. Less than 4 years of imprisonment d. Mandate

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

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14. Which of the following is considered as the B. Rape
second line of defense on crime fighting? C. Sexual assault
a. crime suppression D. Abduction
b. crime prevention
c. proactive measures 22. This involves the use of punitive and
d. crime investigation disciplinary measures such as solitary confinement to
modify or reform criminal behavior whose conduct and
15. The police officer testifying in court can refer deportment is not totally responding to rehabilitation
to his/her notes or memorandum programs
a. As a codigo and his record a. Isolation
b. As it is his right as a police officer b. Rehabilitation
c. In order to refresh his memory c. Reformation
d. To help him in the persecution d. Reintegration

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

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c. Spanish Rule b. Attempted homicide as regards BBM
d. English Rule with consummated homicide as regards Digong
c. Consummated homicide committed by
29. One, who at the time of his trial for one crime mistake in the blow
shall have been previously convicted by final judgment d. Attempted homicide as regards BBM with
of another crime embraced in the same title of the consummated murder as regards Digong
Revised Penal Code.
a. Recidivism 36. Which of the following is ‘Violation of Human
b. habitual delinquency Rights’?
c. reiteracion a. a woman getting less salary than a man, for
d. quasi-recidivism same amount of work
b. a child working in a toy-factory
30. The Rule applies on registered vessel on c. bad-mouthing about someone's looks
foreign territorial jurisdiction which generally follows d. all of these
the Nationality Principle and not the Domiciliary
Principle except when the crime committed on board 37. A big fire razed a row of houses in a thickly
vessels affects the national security of the Country populated neighborhood. To prevent the spread of fire,
where such vessel is located. some of the residents demolished several houses.
a. French Rule These persons are:
b. English Rule a. Civilly liable but not criminally liable
c. Spanish Rule b. Criminally and civilly liable
d. Greek Rule c. Civilly and criminally not liable
d. Criminally liable but not civilly liable
31. To be eligible for the grant of conditional
pardon, what portion of the sentence must have been 38. Lenie complained to her bestfriend Grace that
served by a petitioner-prisoner? she had been seriously battered by her husband for so
a. At least one half of the minimum of his long, Grace remarked ‘’kung ako sayo patayin ko na
indeterminate sentence lang siya,walang karapatang mabuhay ang asawang
b. At least one half of the maximum of his ganyan’’ Lenie killed her husband.
indeterminate sentence a. Grace is liable as principal by inducement.
c. At least one fourth of the maximum of his b. Grace is not liable because a
indeterminate sentence thoughtless expression is not an inducement to
d. At least one third of the minimum of his commit a crime.
indeterminate sentence c. Grace is liable as principal for inducement
includes suggestion to commit a crime.
32. The official document that grants human d. Grace is not liable as principal but as an
rights to all is called the . accessory.
a. World Human Rights
b. Universal Declaration of Human Rights 39. BBM was born on July 5, 2001. In July 5,
c. Human Rights for All 2016, he commited a crime of theft. Is 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 more c. No because he is still a minor
than 6 months. They live together with the children of d. No because he acted without discernment
Lea from her first husband. Charlie had sexual relation
with Jane, the 14-year-old daughter of Lea. Jane loves 40. BBM raped Sara in the presence of her
Charlie very much. What was the crime committed by husband, forcing her, using the dog style position in
Charlie? the sexual act. Rape is committed aggravated by what
a. Simple Seduction circumstance?
b. Qualified Seduction a. Ignominy
c. Consented Abduction b. Passion
d. Rape c. Cruelty
d. Craft
34. Article 1 of the 'Universal Declaration of
Human Rights' states 'All human beings are born free 41. Digong induces Bong Go to kill BBM. Bong Go
and equal in dignity and rights?' killed BBM by means of treachery. Should treachery be
a. true appreciated also against Digong, the principal by
b. false inducement?
c. partially true a. Yes, if he has knowledge that X killed Y
d. partially false by means of treachery.
b. Yes, because there was conspiracy
35. Pacquiao with intent to kill, fired his gun c. Yes, because when there is conspiracy, the
towards BBM but hitting & killing Digong. What crime act of one is an act of all.
did Pacquiao commit? d. Yes because he is principal by inducement, so
a. Consummated Homicide he is liable for all the acts of the principal by direct
participation.

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a. Recidivism
42. Panelo killed Roque by stabbing him from b. Reiteracion
behind. Panelo called his brother-in-law Harry, and told c. Quasi-Recidivism
the latter that he killed Roque. Panelo asked Harry to d. Habitual delinquency
bury the cadaver of Roque to prevent discovery which
he did. 48. BBM upon entry to the house of Lenie took
a. Harry is an accessory but is exempt from the jewelry in the cabinet using the key of the latter to
liability unlock said cabinet. BBM is liable for:
b. Harry is an accessory and is liable a. Theft
c. Harry is an accessory but excused from b. Robbery
liability pursuant to art 22 of the Revised Penal Code c. Possession of false key
d. Harry is an accomplice d. Qualified theft

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?

Amici Review Center 4|Page


56. Sedition may be committed by at least how a. Makes criminal an act done before the
many persons? passage of the law and which was innocent when done,
a. 2 and punishes such an act.
b. 3 b. Aggravates a crime, or makes it greater than
c. 4 it was when committed
d. 5 c. Alters the legal rules of evidence, and
authorizes conviction upon less or different testimony
57. If direct assault is committed and the APA than the law required at the time of the commission of
suffers slight physical injury, the proper charge should an offense
be: d. Inflicts punishment without judicial
a. Direct Assault only trial, its essence being the substitution of
b. Direct Assault with slight physical injuries legislative fiat for a judicial determination of
c. Direct Assault and slight physical injuries guilt.
d. Slight Physical Injuries
64. Penal laws and those of public security and
58. A constructed a small house in a piece of land safety shall be obligatory upon all who live or sojourn
which he believed to be a disposable public land he had in the Philippine territory, subject to the principles of
been occupying the lot for over a year. One day, B public international law and to treaty stipulations
came and claimed ownership over the land. B a. Territorial
proceeded in dismantling the house of A. The latter b. General
pleaded B to stop but his plea fell on deaf ears. c. Prospective
Thereupon, A pulled B to prevent him from further d. All of the above
dismantling the house. In the process, B fell on the
ground and suffered physical injuries. This best 65. Man is essentially a moral creature with an
illustrates: absolute free will to choose between good and evil
a. Self-Defense thereby placing more stress upon the effect or result
b. Defense of Property Rights of the felonious act than upon the man, the criminal
c. Doctrine of Self-Help himself.
d. All of the above a. Classical Theory
b. Positivist Theory
59. This is a kind of aggravating circumstance c. Eclectic Theory
which of necessity accompany the commission of the d. Protective Theory
crime, therefore not considered in increasing the
penalty to be imposed. 66. If cooperation of the accused consists in
a. Generic performing an act necessary in the execution of the
b. Specific crime committed, he is a:
c. Inherent a. Principal by inducement
d. Special b. Principal by indispensable cooperation
c. Accomplice
60. The mayor detained the offended party for d. Principal by direct participation
three days because to take him to the nearest MTC
required a journey for three days by boat as there was 67. If the cooperation is not indispensable, the
no other means of transportation. The distance which offender is:
required a journey for three days was considered: a. An accessory
a. an uncontrollable fear b. An accomplice
b. an irresistible force c. A principal by indispensable cooperation
c. a lawful or insuperable cause d. A principal by inducement
d. an absolutory cause
68. Who are criminally liable for grave and less
61. Stages of execution do not apply to the grave felonies?
following except: I. Principal
a. Offenses punished by special penal laws II. Accomplice
b. Formal crimes III. Accessory
c. Crimes committed by mere agreement a. I and II
d. Material crimes b. I, II and III
c. I only
62. Based on the classifications of felonies, rape, d. Any of the above
arson, theft and robbery are classified as:
a. Formal Felonies 69. It is a circumstance which affects the act not
b. Material Felonies the actor.
c. Crimes which do not admit of frustrated a. Exempting circumstance
stage b. Justifying circumstance
d. All of the above c. Extenuating circumstance
d. Alternative Circumstance
63. An ex post facto law is a law which describes
the following except:

Amici Review Center 5|Page


70. For the act to be punishable in this act of
falsification of document, there must be a 77. Any person who, by direct provision of the
manifestation that some prejudice or damage to a third law, election of appointment by competent authority,
party had been caused or intended to be caused. shall take part in the performance of public function in
a. falsification of commercial document the government or in any of its branches public duties
b. falsification of private document shall be deemed to be a
c. falsification of public document a. private individual
d. falsification of official document b. public officer
c. none of these
71. A grandson who kills his illegitimate d. all of these
grandfather is guilty of
a. homicide 78. It is committed by a public officer in charge of
b. parricide the collection of taxes, licenses, fees and etc.by
c. murder demanding an amount different or larger than that due
d. euthanasia by the government: failing to issue a receipt as
provided by receiving payment objects different from
72. Maine give birth to a child and abandons the that provided by law
child in a certain place to free herself of the obligation a. illegal exaction
and duty of rearing and caring for the child because b. estafa
Alden left her. What crime did the Maine commit? c. maturation
A. Simulation of births d. none of these
B. Abandoning a minor
C. Infanticide
D. Negligence 79. A who is the private complainant in a murder
case pending before a regional trial court, gave too the
73. An unlicensed firearm was confiscated by a presiding judge a Christmas gift. Consisting of big
Police Insp. Cardo. Instead of turning over the firearm basket of assorted goods and fruits as well as
to the property custodian for the prosecution of the expensive imported wines, the judge accepted the gift
offender, Police Insp. Cardo took the said the firearm. knowing it came from A. what crime or crimes
What crime was committed? committed?
A. Direct Bribery
A. Malversation B. Indirect Bribery
B. Qualified theft C. Qualified Bribery
C. Anti-fencing law D. None of these
D. Incriminatory Machination
80. A government casher did not bother to put public
74. In the crime of adultery, sexual intercourse fund in the public vault but just left in the drawer of his
need not be proved by a direct evidence: table, which has no lock. What crime was committed?
a. False a. technical malversation
b. True b. malversation
c. Partially True c. no criminal liability
d. Partially False d.all of the above

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

Amici Review Center 6|Page


c.robbery extortion fact saw that Maine signed the Check then it was
d.corruption of public official objected on the grounds that the check itself must be
produced.
83. This crime is committed by a public officer, a. The defense counsel was right the testimony is with
whenever there is pending before him matter in which regard to the issuance of a worthless check and not to
a woman is interested of with respect thereto. He is its contents.
required to submit a report to or consult with a b. The defense counsel was right the testimony was
superior, and he solicits or makes an indecent or presented to prove its contents the prosecution must
immoral advance upon said woman. produce the original.
A. acts of lasciviousness c. The defense counsel was wrong Best evidence rule
b. abuses against chastity does not apply to testimonial evidence
c. coercion d. The defense counsel was wrong the objection
d. unjust vexation was misplaced on the grounds that the inquiry
involved the execution of the check.
84. X is the head of a family. Living with them in the
house is a cousin of his wife, a virgin under 18 years 90. What is the Rule in the Evaluation of evidence
old but over 12 years. X had sexual intercourse with where the evidence in a criminal case is evenly
the cousin of her wife. What crime was committed? balanced so that the constitutional scale is tilted in
a. seduction 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 documents?
a. Non-member of the complement of the vessel I. The written Officials acts, or records of the
and non- passenger of the vessel official acts of the sovereign authority, official bodies
b. Crew members of the vessel and tribunals, and public officers
c. All of the above II. Documents executed by private persons and
d. None of these acknowledge before a notary public
III. Public records, Kept in the Philippines, of
86. A, B, C and D murdered Pedro in the forest. E, who private documents required by law to be entered
was an innocent passerby in the forest, accidentally therein
saw what A, B, C and D had done. A, B, C and D also A. I, II, III
saw E, and they pointed their guns against E, and B. I, III
forced E to burn the cadaver of Pedro. Is E criminally C. I, II
liable as an accessory for burning the cadaver of D. II, III
Pedro?
A. No, he acted under the impulse of 92. In order to determine the veracity of the
uncontrollable fear of an equal or greater injury. testimony of the witness against him. The accused has
b. No, he acted under the compulsion of irresistible the right to
force. A. Testify on his own behalf
c. Yes, he acted in conspiracy with the accused. B. Secure the presence of his witnesses in court
d. Yes, he had the opportunity to escape. C. Has the testimony of the witnesses against
him
87. A police officer testifying before the court is allowed D. Cross examine and confront the
to refer to his/her memorandum respecting a matter of witnesses against him
.
a. question of law 93. The legal officer who presides over the
b. fact recorded by his superior courtroom and directs and controls the trial. A man of
c. opinion of an expert learning who spends tirelessly weary hours after
d. fact he recorded a long time ago midnight acquainting himself with the great body of
traditions and the learning of the law:
88. A is accused of a crime while B was the witness for a. Clerk of Court
the prosecution. Before the trial begins, A and B got b. Presiding Judge
married. Here, c. Stenographer
a. B is still qualified to testify against A d. Officer in charge
b. B is no longer qualified to testify against A
c. B is no longer qualified to testify against A 94. Mokang was applying for a Philippine
d. B is no longer qualified to testify against A passport. She has been “Tago ng Tago” in Japan for so
because of the marital disqualification rule, long. Ramon agreed to issue a new passport after
unless A gives his consent having sexual intercourse with Mokang in the latter’s
house. Is Ramon criminally liable to our criminal law?
89. During the trial the defense counsel wants to prove A. No, Japan criminal law is not applicable to him
that the check was in fact issued by Maine and B. Yes, the crime committed is in relation
presented a witness. The witness testified that he in to his official function

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C. No, the crime was committed in Japan
D. None of these

95. X is an accused in a criminal case for


consummated murder. X tried to settle the case with
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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