Test Bank For Criminal Law

CRIMINOLOGISTS Licensure Examination
First Day - 8:00 a.m. – 11:30 a.m.
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REVIEW QUESTIONS IN
CRIMINAL JURISPRUDENCE AND PROCEDURE SET ONE
INSTRUCTION: Select the correct answer for each of the following
questions. Mark only one answer for each item by marking the box
corresponding to the letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.
MULTIPLE CHOICE
1. Berto, with evident premeditation and treachery killed his
father. What was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
2. PO3 Bagsik entered the dwelling of Totoy against the
latter’s will on suspicion that Bitoy keep unlicensed
firearms in his home. What was the crime committed by PO3
Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing
3. Charlie and Lea had been married for more than six months.
They live together with the children of Lea from her first
husband. Charlie had sexual relationship with Jane, the 14
year old daughter of Lea. Jane loves Charlie very much.
What was the crime committed by Charlie, if any?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape
4. Prof. Jose gave a failing grade to one of his students,
Lito. When the two met the following day, Lito slapped Prof.
Jose on the face. What was the crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
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5. A warrant of arrest was issued against Fred for the killing
of his parents. When PO2 Tapang tried to arrest him, Fred
gave him 1 million pesos to set him free. PO2 Tapang
refrained in arresting Fred. What was the crime committed
by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery
6. Which of the following is the exemption to the hearsay rule
made under the consciousness of an impending death?
A. parol evidence
B. ante mortem statement
C. suicide note
D. dead man statute
7. Factum probans means __.
A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence
8. It refers to family history or descent transmitted from one
generation to another.
A. inheritance
B. heritage
C. pedigree
D. culture
9. The authority of the court to take cognisance of the case in
the first instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction
10. A person designated by the court to assist destitute
litigants.
A. Counsel de officio
B. Attorney on record
C. Attorney at law
D. Special counsel
11. Which of the following is not covered by the Rules on
Summary Procedure?
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A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment
12. It refers to a territorial unit where the power of the court
is to be exercised.
A. jurisdiction
B. jurisprudence
C. venue
D. bench
13. The Anti-Bouncing Check Law.
A. RA 6425
B. RA 8353
C. BP.22
D. RA 6975
14. The taking of another person’s personal property, with
intent to gain, by means of force and intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief
15. Felony committed when a person compels another by means of
force, violence or intimidation to do something against his
will, whether right or wrong.
A. grave threat
B. grave coercion
C. direct assault
D. slander by deed
16. These are persons having no apparent means of subsistence
but have the physical ability to work and neglect to apply
himself or herself to lawful calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants
17. A medley of discordant voices, a mock serenade of discordant
noises designed to annoy and insult.
A. Tumultuous
B. charivari
C. sedition
D. scandal
18. The unauthorized act of a public officer who compels another
person to change his residence.
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A. violation of domicile
B. arbitrary detention
C. expulsion
D. direct assault
19. The deprivation of a private person of the liberty of
another person without legal grounds.
A. illegal detention
B. arbitrary detention
C. forcible abduction
D. forcible detention
20. An offense committed by a married woman through carnal
knowledge with a man not her husband who knows her to be
married, although the marriage can be later declared void.
A. concubinage
B. bigamy
C. adultery
D. immorality
21. Age of absolute irresponsibility in the commission of a
crime.
A. 15-18 years old
B. 18-70 years old
C. 9 years old and below
D. between 9 and 15 years old
22. Those who, not being principals cooperate in the execution
of the offense by previous or simultaneous acts.
A. Accomplices
B. Suspects
C. principal actors
D. accessories
23. The loss or forfeiture of the right of the government to
execute the final sentence after the lapse of a certain time
fixed by law.
A. prescription of crime
B. prescription of prosecution
C. prescription of judgement
D. prescription of penalty
24. A kind of executive clemency whereby the execution of
penalty is suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve
25. Infractions of mere rules of convenience designed to secure
a more orderly regulation of the affairs of the society.
A. mala prohibita
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B. mala in se
C. private crimes
D. public crimes
26. Felony committed by a public officer who agrees to commit an
act in consideration of a gift and this act is connected
with the discharge of his public duties.
A. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery
27. The wilful and corrupt assertion of falsehood under oath of
affirmation, administered by authority of law on a material
matter.
A. libel
B. falsification
C. perjury
D. slander
28. Deliberate planning of act before execution.
A. Treachery
B. evident premeditation
C. ignominy
D. cruelty
29. Whenever more than 3 armed malefactors shall have acted
together in the commission of a crime.
A. gang
B. conspiracy
C. band
D. piracy
30. The failure to perform a positive duty which one is bound
to.
A. Negligence
B. imprudence
C. omission
D. act
31. Ways and means are employed for the purpose of trapping and
capturing the law breaker in the execution of his criminal
plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation
32. Those where the act committed is a crime but for reasons of
public policy and sentiment there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
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C. absolutory causes
D. complex crimes
33. One of the following is an alternative circumstance.
A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation
34. If the accused refuse to plead, or make conditional plea of
guilty, what shall be entered for him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender
35. At what time may the accused move to quash the complaint or
information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning
36. The process whereby the accused and the prosecutor in a
criminal case work out a mutually satisfactory disposition
on the case subject to court approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial
37. The security given for the release of a person in custody,
furnished by him or a bondsman, conditioned upon his
appearance before any court as required under the conditions
specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant
38. The examination before a competent tribunal, according to
the laws of the land, of the acts in issue in a case, for
the purpose of determining such issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment
39. The adjudication by the court that the accused i9s guilty or
is not guilty of the offense charged, and the imposition of
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the proper penalty and civil liability provided for by law
on the accused.
A. trial
B. Pre-trial
C. Arraignment
D. Judgment
40. It is an inquiry or proceeding for the purpose of
determining whether there is sufficient ground to engender
a well founded belief that an offense has been committed and
the offender is probably guilty thereof and should be held
for trial.
A. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining
41. It is evidence of the same kind and to the same state of
facts.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
42. It is that which, standing alone, unexplained or
uncontradicted is sufficient to maintain the proposition
affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence
43. A form of evidence supplied by written instruments or
derived from conventional symbols, such as letters, by which
ideas are represented on material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence
44. When the witness states that he did not see or know the
occurrence of a fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence
45. Personal property that can be subjects for search and
seizure.
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A. used or intended to be used as means
in committing an offense
B. stolen or embezzled and other proceeds
or fruits of the offense
C. subject of the offense
D. all of the above
46. All persons who can perceive and perceiving, can make known
their perception to others.
A. Suspects
B. witnesses
C. victims
D. informers
47. The unlawful destruction or the bringing forth prematurely,
of human fetus before the natural time of birth which
results in death.
A. abortion
B. infanticide
C. murder
D. parricide
48. Felony committed when a person is killed or wounded during
the confusion attendant to a quarrel among several persons
not organized into groups and the parties responsible cannot
be ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray
49. A question which arises in a case the resolution of which is
the logical antecedent of the issue involved in said case
and the cognisance of which pertains to another tribunal.
A.legal question
B.juridical question
C.prejudicial question
D.judicial question
50. The offender has been previously punished for an offense to
which the law attaches an equal or greater penalty or two or
more crimes to which it attaches a lighter penalty.
A.reiteracion
B.recidivism
C.quasi-recidivism
D.habitual delinquency
51. An act or omission which is a result of a misapprehension of
facts that is voluntary but not intentional.
A.impossible crime
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B.mistake of facts
C.accidental crime
D.complex crime
52. Infanticide is committed by killing a child not more than….
A.36 hours
B.24 hours
C.48 hours
D.72 hours
53. Ignorance of the law excuses no one from compliance
therewith.
A.ignorantia legis non excusat
B.parens patriae
C.res ipsa loquitur
D.dura lex sed lex
54. An act which would be an offense against persons or property
if it was not for the inherent impossibility of its
accomplishment.
A. compound crime
B. impossible crime
C. complex crime
D. accidental crime
55. The law which reimposed the death penalty.
A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551
56. One who is deprived completely of reason or discernment and
freedom of the will at the time of the commission of the
crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility
57. The quality by which an act may be subscribed to a person as
its owner or author.
A. responsibility
B. duty
C. guilt
D. imputability
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