CRIMINAL LAW AND JURISPRUDENCE

INTENSIVE FINAL COACHING

Prepared by: Atty. Jay M. Ferraro

1. Which of these courts will have jurisdiction over d. A is guilty of homicide only because treachery
a Japanese crew who murdered a Filipino crew was not alleged in the information and in addition,
member on board a sea vessel registered under treachery
American law while that vessel is anchored within cannot even be considered as a generic aggravating
Manila BAY? 1000 circumstance.
A. Japanese court because the offenders are
Japanese. 6. X was arrested in flagrante delicto. An inquest
B. Manila court because we follow the English rule proceeding was conducted. The rules provide that he
C. American court because we follow the French may ask for a preliminary investigation before the
rule. information is filed, provided_____.
D. International Criminal Court a. he must sign a waiver of his right to remain silent
E. All of these b. he must sign a waiver of his right against self-
incrimination
2. The killing of a spouse by the other spouse or a c. he must sign a waiver of instituting a case of delay
daughter who is minor by the parent under the in delivery of detained person to proper judicial
circumstances provided under Art. 247 authority under Article 125 of the RPC
is____________. d. he must sign a waiver of instituting a case of delay
A. murder in delivery of detained person to proper judicial
B. homicide authority under Article 125 of the RPC assisted by a
C. infanticide lawyer
D. parricide e. must waive his right to bail in the presence of a
lawyer
3. A is the owner of a tupada in their town. A
approached the Chief of Police who is a kumpare 7. Alex married Bea. Thereafter, Alex married Celsa, but
and asked the Chief not to raid his tupada. The this marriage took place because Celsa forced Alex to
Chief complied by not raiding it. What crime was marry her at gunpoint. Alex sued Celsa in a civil case
committed by the Chief? for declaration of annulment of marriage. Suppose Bea
a. Direct bribery sues Alex
b. Indirect bribery for bigamy, what will cause the temporary suspension
c. Graft and corruption of this criminal case filed by Bea against Alex?
d. Negligence and tolerance in the prosecution of a. Insanity of the accused
offenses/prevaricacion b. Petition for review
c. The prejudicial question involved here
d. All of these

4. Which of the following processes in court proceeding 8. The act of having carnal knowledge without the
is the presence of the accused indispensable? consent of the woman is ______.
A. during the presentation of the evidence for the A. abduction
defense. B. sexual assault
B. during the arraignment C. rape
C. during the examination of the witnesses. D. seduction
D. during the presentation of the evidence for the
prosecution. 9. A promised to give P5,000.00 to B, a court
stenographer, if the latter would alter his stenographic
5. A killed B with treachery. The fiscal forgot to allege notes. The stenographer, without making any alteration
treachery in the information THE QUALIFYING to his stenographic notes just yet, accepted the promise
CIRCUMSTANCE OF TREACHERY. A was found guilty of of P5,000.00. What crime was committed by the
killing B and treachery was also proven during trial. stenographer?
Which of the following statements is correct? a. Direct bribery
a. A is guilty of murder even if treachery was not b. Indirect bribery
alleged in the information. c. Corruption of public officials
b. A is guilty of homicide only because treachery d. No crime because he accepted only the promise but
was not alleged in the information. not the actual P5,000.00
c. A is guilty of homicide only and treachery will
be considered as generic aggravating circumstance 10. Which of these is parricide?
only. a. Killing an adopted son or adopted daughter *

Amici Review Center Page 1

b. Killing a brother-in-law or sister-in-law or father- or A. newsletter
mother-in-law B. newspaper
c. Killing a cousin C. books
d. Killing a brother or sister D. documentary - in the new law, recordings, sounds,
e. killing an illegitimate parent cctv footage are included

11. A Muslim guy who legally married four wives was 19. The crime committed is punishable with a penalty
found to have killed his second wife. What crime was of one year and below. How would you best deal with
committed? a. Parricide the situation?
b. Murder A. I will handle the forced mediation and conciliation
c. Homicide between the parties.
d. Infanticide B. Arrest the offender without a warrant since there is
a complainant.
12. The amount of relevant evidence which a C. Suggest that the parties bring the issue before the
reasonable mind might accept as adequate to justify a barangay for conciliation proceedings.
conclusion is___________. D. None of the above
A. preponderance of evidence
B. substantial evidence 20. Maria was accused of falsification. While Maria was
C. proof of beyond reasonable doubt on the witness stand, the prosecution asked her to write
D. relevant evidence her name and to sign on a piece of paper, in order to
prove that she authored the libelous material. Maria
13. After the decision was rendered by the court objected, as writing and signing her name would violate
disposing of the case, which of the following remedies her right against self- incrimination. Can Maria legally
allows the presentation of new evidence? refuse to write her name/give sample specimens of her
handwriting?
A. motion for reconsideration
a. No, she can be cross examined just like any
B. motion for new trial other witness and her sample signature may be taken
C. notice of appeal to verify her alleged authorship of the libelous
D. petition for review statements.
b. No, her right against self-incrimination is
14. Which of the following facts needs evidence? waived as soon as she became a witness. This privilege
A. acts of legislature may be invoked only by an ordinary witness and not by
B. laws of nature the accused when she opts to take the witness stand.
C. crime committed c. Yes, writing is something more than moving
D. territory of the Philippines the body, or the hands, or the fingers; writing is not a
purely mechanical act, because it requires the
15. The following are the elements of dying declaration application of intelligence and attention; and in this
(ante mortem statement/declaration in articulo mortis case writing means Maria will furnish a means to
“at the point of death”), except the ______ determine whether or not she is the falsifier.
A. a declaration is in connection with a startling d. none of the above
occurrences or equivocal actions
B. the declarant is competent to testify. – because he 21. X was charged with a certain crime before the RTC.
is already dead Although bail was allowable under his indictment, he
C. declaration pertains to facts or circumstances could not afford to post bail, and so he remained in
surrounding the declarant’s death detention at the city jail. For various reasons, ranging
D. declarant must eventually die from the promotion of the presiding judge, to the
absence of the trial prosecutor, and to the lack of notice
16. A father caught her married daughter (who is to the city jail warden, the arraignment of X was
already 18 years old) having sex with a man who is not postponed nineteen times over a period of two years.
her husband. The father immediately killed the What can the lawyer for X do in order to protect the
daughter due to outrage. What crime was committed rights of the accused or his client?
by the father if there is any?
a. No crime a. File a motion to dismiss due to violation of the right
b. Death inflicted under exceptional circumstances of the accused to speedy trial.
c. Parricide b. File a demurrer to evidence for insufficiency of
d. Murder evidence.
c. File a motion to quash based on grounds provided by
17. The arraignment and pre-trial has been terminated. the law.
When is the time for the defense to present its witness? d. Appeal to the higher court.
A. as may be ordered by the court
B. after the prosecution has offered its exhibits. 22. When in the commission of the crime, the exercise
C. after the prosecution had rested its case. of freedom of action is absent, which of the following is
D. as may be agreed during pre-trial. the applicable modifying circumstance?
A. alternative – either mitigate or aggravate
18. The form of evidence that is consisting of letters, B. exempting – no criminal liability but with civil liability
symbols, numbers, or any inscription is__________ C. mitigating – minimum penalty (decrease)
evidence. D. justifying – no criminal and civil liability

Amici Review Center Page 2

 aggravating – maximum penalty (increase) B. Criminally liable for reckless imprudence resulting to
homicide, but not civilly liable
23. The husband saw the wife having sex with another C. Criminally liable for reckless imprudence resulting to
man at around 6:00 pm. Since the paramour had a gun homicide, and is also civilly liable
with him, the husband had no choice except to retreat D. There is no criminal and no civil liabilities whatsoever
and find a gun of his own. The husband borrowed a
gun from a friend and look for the paramour. The 29. Ah Chong was a stay-in-cook in a place where
husband saw the paramour at a "mahjong hall at robbery and murder were rampant. One night, he was
around 7:00 pm of the same night and fired at him awakened by the sound of someone trying to force the
killing him instantly. Unfortunately, other people got hit door open. He called out twice to the person to identify
by the stray bullets resulting in their physical injuries. himself. Receiving no answer, he uttered the warning,
Here, the husband is ‘’if you enter the room, I will kill you.’’ It was at that
moment that he was hit above the knee by the chair
a. not criminally liable for the death of the paramour that had been placed against the door. Thinking that he
b. criminally liable for the injuries of those hit by his was being attacked by the unknown intruder, the
stray bullets accused seized a kitchen knife kept under his pillow and
c. liable to be sentenced to destierro struck out blindly, hitting the latter who turned out to
be his roommate, and who later expired from his
d. all of the above
wounds. Ah Chong was acquitted because he
acted_________.
24. If the original of the document cannot be presented
A. While in a dream
in court, what is this documentary evidence that may
B. Under a mistake in identity
be presented in court?
C. In self-defense due to a mistake of fact
A. photocopy evidence
D. Defense of property and praeter intentionem
B. replacement evidence
C. primary evidence
30. A sees B rushing rapidly toward him, with
D. secondary evidence
outstretched arms and a pistol in his hand, and using
violence menaces against his life as he advances.
Having approached near enough in the same attitude,
A, who has a club in his hand, strikes B over the head
25. A imagines killing B. A is not criminally liable before or at the instant the pistol is discharged; and of
because_______. the wound, B dies. It turns out the pistol was loaded
A. he does not commence the commission of a crime with powder only, and that the real design of B was only
directly by overt act to terrify A. A is not criminally liable because_______.
B. there is no witness against A A. He acted under a mistake of fact
C. there is no injury to B B. He acted in self- defense
D. there is no law against imagining a crime C. Both a and b, or either one of them
D. he acted in fulfillment of a duty
26. X (husband) caught Y (wife) in the act of having E. He acted under the instinct of self-preservation
sexual intercourse with a neighbor. X became enraged
and immediately inflicted serious physical injuries 31. A pointed a gun to B and said to B ‘’Hold-up’’. B
against both Y and Z on the spot. What will happen to fought back and the two wrestled for the possession of
X if after trial the above facts were proven? the gun. Meanwhile C, the son of A, not knowing that
a. Conviction for death inflicted under exceptional his father is was a holdupper/robber. Came to the
circumstances rescue of A and attacked B. Is C criminally liable?
b. Conviction for serious physical injuries inflicted under A.NO, because of defense of relatives
exceptional circumstances B. NO, because of mistake of fact
c. Conviction for less serious physical injuries C. Yes, because his father is a robber
d. X will be declared exempted from punishment. D. Both A and B

27. In relation to the immediately preceding question,

what if X only inflicted slight physical injuries upon Y 32. A, armed with a knife, feloniously charged at B inside
and Z? MV Vigan while the sea vessel was anchored at the Pasig
a. Conviction for death inflicted under exceptional River. B, out of fear, ran away from A. A, however,
circumstances chased B, the chasing of which forced B out of mortal
b. Conviction for serious physical injuries inflicted under fear to just jump down into the river and disappeared
exceptional circumstances beneath its surface, to be seen no more. Is A liable for
c. Conviction for less serious physical injuries chasing B with a knife which eventually caused B’s death
d. X will be declared exempted from any punishment due to drowning?
whatsoever. A. Yes, for murder, and he is also civilly liable
B. Yes, for homicide, and he is also civilly liable
C. No, he is not criminally liable but civilly liable
28. A committed suicide by deliberately falling himself D. No, there is no liability whatsoever
down form a tall building. A survived the fall when he
fortunately landed on B, a passerby. In this event 33. A shot B, producing a mortal wound. B, knowing
however, it was B who died due to impact of A’s body that he would die anyway, decided to hasten his own
plunging down from the sky. Here A is_______. death by slashing his own throat causing his immediate
A. Criminally liable for homicide death. Here, A is

Amici Review Center Page 3

a. still criminally liable for homicide b. A, B and C will all benefit from extinguishment
b. not criminally liable for homicide of criminal liability.
c. liable for physical injuries only c. D is prohibited by the law from marrying any
d. not liable at all of her rapists.
d. No one will benefit from the marriage since
34. The accused discharged his firearm while he was this is a case of multiple rape.
200 yards away from the victim. The bullet did not
reach the target since the distance was so great. There 41. A was forcibly taken 40 meters away from his house
is evidence that the firing was merely made to frighten and was murdered in an uninhabited place. What crime
the victim. What crime was committed? was committed?
a. Attempted homicide/murder a. Murder
b. Illegal discharge of firearm b. Kidnapping with murder
c. Alarms and scandals c. Illegal detention with murder
d. No crime d. Slight illegal detention
e. Impossible crime

35. Piracy under Art. 122 of the Revised Penal Code, 42. Which among the following is an absolutory cause
may be distinguished from P.D. 532, as the latter can in trespass to dwelling?
be committed only___________. a. Enter another's dwelling for the purpose of
A. both internal lands and waters preventing some serious harm to himself
B. in the high seas b. Enter the dwelling of another to prevent harm
C. anywhere in the Philippines to the occupants of the dwelling or a third person
D. within the Philippine waters c. Entering the house of another for the purpose
of rendering some service to humanity or justice
36. A known prostitute killed her own child who is less d. Entering cafes, taverns, inn and other public
than three days old. Is there a mitigation of liability? houses, while the same are open
a. Yes, the law does not distinguish. e. All of the above
b. No, since she has no good reputation
c. Yes, if she was the victim of rape. 43. A told B, “I will rape/kill you and your relatives if
d. No, she is not entitled to mitigation. you will not accept me as your boyfriend". Here, A
committed
37. Maria gave birth to a fetus with an intrauterine life a. attempted rape
of less than 7 months, Maria killed the fetus within 24 b. attempted murder/homicide
hours from its delivery. Maria committed _____. c. grave threats – the treat amounts to a crime
a. infanticide – if nag survive 24 hours d. no crime
b. murder e. grave coercion – pinipilit ka na gawin ang isang
c. parricide bagay through violence, threat, intimidation
d. abortion light threat – does not amount to crime (ex:
e. no crime blackmailing)

38. A pointed a gun (intimidation) against B, a pregnant 44. A robber pointed his gun against B and said, "bigay
woman. Because of fright, the woman suffered an mo pera mo, kung hindi papatayin kita”. What crime
abortion. was committed?
What crime was committed by A? a. Robbery only – threat is absorbed
a. Abortion b. Robbery and grave threats
b. Unintentional abortion c. Grave threats only
c. Grave threats d. Theft
d. Unjust vexation
e. Intentional abortion 45. A compelled an old woman to take off her clothes
and ordered her to confess that she was a thief. Here,
39. A got mad with his pregnant wife and struck her the crime is?
with his fist. The woman died and the fetus was a. grave coercion
expelled. What crime was committed? b. acts of lasciviousness
a. Complex crime of physical injuries with unintentional c. attempted rape
abortion d. anti-violence against women
b. Complex crime of homicide with unintentional
abortion 46. Maria boarded a taxi cab. The driver of the taxi got
c. Complex crime of parricide with unintentional instantly attracted to Maria. He asked Maria if they
abortion – compound crime/ delito compuesto could have a date in a nearby disco. Maria refused.
d. Abortion only When the driver heard this refusal, he accelerated the
speed of the taxi and threatened that unless Maria
40. A, B and C raped D. Each one of them had their agreed to a date, he would bump the taxi. What crime
turn in raping D. Which statement is correct if D marries was committed by the driver?
A? a. Grave threats
a. Only A will benefit from extinguishment of b. No crime
criminal liability. c. Anti-violence against women
d. Grave coercion

Amici Review Center Page 4

 handed the drugs to X. What crime was committed by
47. In the hierarchy of evidence, it is considered as the X?
most reliable because its physical appearance cannot a. Robbery
lie? b. Theft
A. testimonial c. Grave coercion
B. documentary d. No crime
C. direct evidence
D. real evidence - object, physical, tangible evidence or 54. A delivered to B a cell phone for safekeeping. When
autoptic evidence (addressed to the senses of the A was now taking the cell phone back, B poked a gun
court) against A, telling A that he would not return the
cellphone. Is there robbery on the part of B?
48. Rebellion and coup d‘ etat when committed by a. Yes, because there was taking of property.
military personnel will subject them to court martial b. No, because he did not take the property by violence
proceedings. The nature of court martial proceedings or intimidation. It was originally handed to him.
is_________. c. Yes, because there is violence against a person.
A. civil d. No, because there was no force upon things.
B. administrative
C. criminal 55. A saw B placed P1, 000 bill in the latter's coat. A,
D. sui generis – a class of its own (impeachment and with intent to take the P1, 000 bill, held-up B by
disbarment proceedings) pointing a gun and took the coat. When A reached
home, the P1, 000 bill was no longer in the coat. What
49. A threatened B that unless B pays his debt, B would crime was committed by A?
be taken to the camp to be killed. The next day, out of a. Robbery
fear, B paid the amount. The crime committed is b. Theft
a. grave threats c. Impossible crime
b. no crime d. No crime
c. anti-violence against women e. Grave coercion
d. grave coercion
56. A, out of hatred, broke the drawer where B was
50. A is the lessor while B is the lessee. B is one year hiding his gun, then A threatened B with the gun. What
delayed in paying his RENT. A, THE LESSOR, WITHOUT crime was committed?
ANY COURT ORDER, forcibly removed B from the a. Robbery
premises and the latter’s family and property from the b. Grave threats – there is no intent to gain
rented premises. Here, A is liable ___ c. Grave coercion
a. liable for grave coercion d. No crime
b. liable for unjust vexation – another term of light
coercion (cause annoyance) 57. A, by violence, took the cell phone of B. When A got
w/libog – acts of delicious home, he realized that the cell phone he took from B
w/o libog - was his own missing cell phone. What crime was
c. not liable for anything committed?
d. none of the above a. No crime
b. Robbery
c. Theft only
51. A, by means of violence, dragged and carried a girl d. Impossible crime
to a distance of three meters from the place where she e. Grave coercion
originally was. The girl constantly screamed, so A finally
released her. A is liable for
58. On an open road, X cut with a bolo the strings tying
a. grave coercion
the mouth or opening of a sack containing palay which
b. illegal detention were left therein for drying and then took the palay
c. unjust vexation inside the sack. What crime was committed?
d. attempted rape a. Theft
b. Robbery
52. Mario and Maria were about to be married. Maria, c. No crime
at the last minute, decided to back out of marriage. d. Impossible crime
Mario forcibly dragged Maria to a room and kept her
there for a long time, and compelled her to proceed 59. A snatched the bag of B and run away. A committed
with the marriage. Here, Mario is a. theft
a. liable for serious illegal detention b. robbery
b. liable for grave threats c. qualified theft
c. liable for grave coercion d. none of the above
d. not liable at all
e. liable for attempted rape 60. A snatched the bag of B and run away. He did the
act of taking the bag while pushing B to prevent B from
53. X, a jobless drug addict, pointed a gun against a pursuing him. A committed _____
known drug pusher and demanded for the delivery of a. theft – no effort
the drugs to him (X). The drug pusher, out of fear, b. robbery – with effort
c. qualified theft

Amici Review Center Page 5

d. none of the above

61. At the end of the semester, a teacher secretly talked

to his student and demanded that unless the student
gives P1, 000, he would fail the student. The student 68. A and B, at gunpoint, took from a fisherman a
gave the amount immediately. What crime was certain motorized boat from the shore. But since they
committed by the teacher? could not start the motor, it would not move. A and B
a. Theft killed the boatman. What crime was committed?
b. Robbery
c. Qualified theft a. Attempted robbery with homicide
d. None of the above b. Attempted robbery and homicide
c. Attempted robbery and murder
62. A took the wallet of B from behind and run away. B d. Piracy
chased A. A, to defend the stolen property, boxed B,
causing the latter's black eye. What crime was 69. A entered a house through an open door. The
committed? owner, not knowing that A was inside, closed and
a. Robbery locked the door from the outside. A, after taking some
b. Robbery with physical injuries personal properties, went out of the house through the
c. Theft window. Here A is ____. a. not liable
d. Theft and slight physical injuries b. liable for theft – TITINGNAN ANG PAG PASOK HINDI
e. Theft and grave threats ANG PAG LABAS
c. liable for robbery
63. A took the wallet of B from behind and ran away. B d. liable for trespass to dwelling
chased A. A threatened B with a knife to discourage B
from pursuing any further to recover his own property. 70. X used a false key or picklock to open an INSIDE
What crime was committed by A? DOOR, like a door of a certain room, and once inside,
a. Robbery he took the cell phone of the sleeping owner. What
b. Robbery with physical injuries crime was committed?
c. Theft a. Theft
d. Theft and slight physical injuries b. Trespassing
e. Theft and grave threats c. Malicious mischief
d. Robbery
64. A took the wallet of B from behind and run away. B e. No crime
chased A. A stabbed B with a knife to discourage B from
pursuing him any further. B died. What crime was 71. A and B pretended to be police officers and knock
committed? at the door of C in order to enter. C allowed A and B to
a. Robbery enter. Once inside, A and B announced holdup and the
b. Robbery with physical injuries two took by violence and intimidation the property of C.
c. Robbery with homicide – homicide/killing happened What crime was committed by A and B?
on the occasion of robbery (before or after) → a. Theft
SPECIAL COMPLEX CRIME/COMPOSITE b. Trespassing
CRIME/SINGLE INDIVISIBLE OFFENSE → PENALTY c. Malicious mischief
IS SPECIFIC d. Robbery
e. Estafa
d. Theft and slight physical injuries
e. Theft and grave threats 72. X carried away a sealed boxed or receptacle for the
purpose of breaking it outside the house where he took
65. X, by force, took the tires of a parked automobile.
it. X was not able to destroy the sealed box or
This is____.
receptacle because he had no tools to break it. What
a. robbery
crime was committed? a. Theft
b. theft
b. Attempted robbery
c. no crime
c. Frustrated robbery
d. carnapping
d. Robbery - THERE IS FORCE UPON THINGS KASI
BINITBIT MO SA LABAS PARA SIRAIN
66. X broke the window of a car and took cell phones
e. Impossible crime
therein. This is __.
a. robbery
73. X found a locked box carried over by storm surge
b. theft
on the street. X brought it home and destroyed it and
c. no crime
took its contents. This is ___.
d. carnapping
a. robbery
b. qualified theft
67. X broke the window of a house and inserted his
c. theft
hands and took the cellphones from the coffee table.
d. malicious mischief
This is
e. no crime committed
a. robbery
b. theft
74. A ship sunk (TREATED AS AN INHABITED HOUSE)
c. no crime
in the Manila Bay. The accused, a local fisherman, dived
d. carnapping

Amici Review Center Page 6

down there, entered the sunken ship, took the locked a. Theft – IF PAGKATAPOS PATAYIN KINATAY AT
vault, destroyed it at home and took the valuable inside. KINAIN ANG CATTLE
This is b. PD 533
a. robbery c. Estafa
b. theft d. Malicious mischief
c. trespassing
d. civil case only 82. A lost in a land case against B. A, who could not
accept defeat, took possession of the land subject of
75. A, before leaving for the province, entrusted to B the case and harvested the rice by means of threats
the keys to his house. While A was in the province, B and intimidation against B. What crime was committed
used the key to open the house and took the valuables by A?
inside. B is ____ a. Occupation of real property or usurpation of real
a. liable for theft rights in property
b. liable for qualified theft – ABUSE OF CONFIDENCE b. Robbery
c. liable for robbery c. Squatting
d. not liable at all d. Theft

76. The accused received from a gullible provincial folk 83. A is the landlord and B is the tenant of a rice field.
a bar of gold for the purpose of having it examined by A and B are supposed to share 50/50 regarding the
a goldsmith. The accused never returned the gold to proceeds of the rice fields. During a certain harvest
that gullible provincial folk. What crime was committed? season, the palay were sold by B to C and he got P100,
a. No crime 000. He is supposed to deliver one half of the P100,
b. Theft – W/ PHYSICAL/MATERIAL POSSESSION 000 to A. B did not deliver P50, 000 to A. What crime
c. Estafa – JURIDICAL POSSESSION was committed by B?
d. Fraud a. Theft
b. Estafa
c. No crime but civil case only
77. Petra pledged her jewelry to Pedro. Without the d. Qualified theft
knowledge of Pedro, Petra took the jewelry from the
vault of Pedro. What crime was committed by Petra? 84. A ship to B a balikbayan box containing imported
a. Theft goods. The balikbayan box was erroneously delivered
b. Estafa to C. When A and the shipping company were
c. No crime recovering from C the balikbayan box, C denied having
received the balikbayan box. What crime was
d. Malicious mischief
committed?
PLEDGE – TRANSFER OF OWNERSHIP
a. No crime
b. Quasi contract
78. A sold rice worth P500 to B. B paid with a
P1000peso bill. A said he had no smaller bills to give c. Unjust enrichment
the change so he would turn the P1,000-peso bill to d. Solutio indebeti
smaller bills inside a shopping mall. Meanwhile, B kept e. Estafa
waiting for A, but A never returned since he absconded
with the entire money. What crime was committed? 85. A borrowed book from B to be returned upon
a. Theft demand by B. A sold the books to C. What crime was
b. Estafa committed by A?
c. Qualified theft a. No crime
d. No crime b. Qualified theft
c. Estafa
79. A took the car of B and burned the car 500 meters d. Theft of motor vehicle
from where he took it. This is ____.
a. arson 86. A purchased a motorcycle payable in 12 monthly
b. theft installments. A lost his job due to the pandemic and
could not pay anymore the monthly installments of his
c. carnapping
motorcycle. What crime was committed?
d. all of the above
a. No crime
e. carnapping with arson
b. Qualified theft
80. Pedro was the college school mate of Juan. Juan, c. Estafa
out of pure generosity, allowed Pedro to sleep in his d. Theft of motor vehicle
house. Pedro stole the property of Juan while Juan was
sleeping. What crime was committed? 87. A received from B a ring to be sold, with instruction
a. Theft to deliver it back to B if not sold within one week. A
gave the ring to a sub-agent (without authority from B,
b. Qualified theft
the principal) so that the sub-agent may sell the ring.
c. Estafa
The sub-agent absconded with the ring. Is A criminally
d. Robbery
liable?
a. Yes, for qualified theft.
81. The accused killed the cow of his neighbor because
b. Yes, for estafa.
the cow entered his rice fields and caused damage
thereto. What crime was committed by the accused? c. Yes, for civil case only.

Amici Review Center Page 7

d. No, A is not liable at all.
95. A person borrowed P1000 as an advance for his
88. A borrowed a phone from B to be used on a services as a maid. After said advance, he never
particular social event. When B was asking for its returned to pay his indebtedness by means of household
return, A denied having borrowed any phone. What services. He is liable for
crime was committed by A? a. estafa
a. No crime b. other forms of swindling
b. Estafa c. other deceits
c. Theft d. theft
d. Qualified theft
e. Civil liability only 96. A servant was not paid his wage. The servant did
not feed the dog of his master as an act of hate or
89. A stole the passbook of B, forged the signature of revenge. The dog died of hunger. This is
B and succeeded in withdrawing the money of B. What a. cruelty to animal
crime was committed? b. malicious mischief
a. Estafa through falsification of commercial document c. theft
– COMPLEX CRIME PROPER (DELITO COMPLEJO) d. murder
b. Theft
97. A, out of hatred, released the bird of Y from its cage.
c. Qualified theft
This is
d. Falsification a. cruelty to animal
e. Forgery b. malicious mischief
c. theft
90. A forged a losing sweepstakes ticket, making it d. murder
appear that it had the winning combination. A tried to
present it at the PCSO but it was discovered as a 98. X scattered coconut remnants with human waste
forgery. A is liable for inside a building. This is
a. attempted estafa through forgery a. other mischiefs
b. attempted estafa b. murder
c. attempted theft c. homicide
d. falsification of official document d. no crime

91. A delivered to a certain alajero a diamond in order

to assess its value. The alajero removed the diamond 99. A father took the suitcase of his son and burned it.
and changed it into a stone of lower quality. What crime The crime is
was committed by the alajero?
a. Estafa a. malicious mischief but exempted from criminal
b. Theft liability – ABSOLUTORY (BY VIRTUE OF
c. Qualified theft RELATIONSHIP)
d. Robbery b. malicious mischief but not exempted from criminal
liability
92. A made promissory notes and delivered them to his b. arson but exempted from criminal liability
creditor. A requested to see his promissory notes from c. arson but exempted from civil liability
his creditor and once these notes were shown to A, he
destroyed them and never made new ones in favor of 100. X pointed a gun against his father in order to scare
his creditor. A is guilty of… his father to give some money. X's father gave the
money as demanded. What crime was committed by
a. malicious mischief the son?
b. unjust vexation a. None, only civil liability
c. arson b. Robbery
d. estafa c. Theft
d. Grave coercion
93. A pawned his jewels at a pawnshop. While A was e. Exempted
sleeping, B, his servant, took the pawnshop ticket and
redeemed the jewels. What crime was committed by B? 101. An individual approached and asked you on how
a. Complex crime of estafa through theft to file a case against another. The act complained of
b. Estafa happened more than 1 week ago. Upon initial inquiry,
c. Theft you learned that the act complained of is punishable
d. Falsification with imprisonment of 4 years and 2 months or less.
What will be your advice? 1000STARS

A. to proceed with the warrantless arrest and the

94. A bus conductor charged the passenger 20 pesos conduct of inquest proceedings.
but issued a ticket for 15 pesos only. This is
B. to proceed with the complaint before the
a. estafa police station and request that a warrantless arrest be
b. other forms of swindling conducted.
c. other deceits
d. theft

Amici Review Center Page 8

C. to proceed with the direct filling of the case A. Yes, Refusal of the victim to be hospitalized/treated
before the prosecutor’s office for the conduct of is not an efficient intervening cause
preliminary investigation. B No more, because it was B’s fault that he refused
D. to file the case directly with the Municipal Trial medical treatment
Court C. Yes, because A is inherently evil in killing a religious
man
D. NO, because religious belief must be set aside in life-
or-death situations

106. The killing of a person who is a minor below twelve

years old is _____________.
A. Murder
B. parricide
C. homicide
102. Filemon struck Javier with his bolo. Javier was hit D. infanticide
on his palm as a result. HE merely consulted a doctor
and the 2-inch incised wound was treated. Twenty-two 107. The Regional Trial Court has jurisdiction over cases
days after the incident, Javier died of tetanus infection the penalty of which is imprisonment of_________.
which is said to have its origin not from the bolo of A. 4 years, 2 months and 1 day
Filemon, but from a dirty ditch where Javier voluntarily B. 12 years
and negligently soaked his injured hand in. Is Filemon C. not exceeding 6 years
still criminally liable for the death of Javier? D. 6 years and 1 day or more

A. Yes, The wound inflicted by filemon was the 108. All of the following are grounds for a motion to
proximate cause of death of Javier quash, EXCEPT when_______. RULE 117
B. Yes, the death of Javier was a supervening event that a. the facts charged do not constitute an offense
made Filemon liable for the death of Javier and double b. the court trying the case has no jurisdiction over the
jeopardy will not set in. offense charged
C. No, the deliberate and malicious act of Javier of c. the court trying the case has no jurisdiction over the
soaking his wound in a dirty ditch has been held to be person of the accused
an efficient intervening cause – KASI DAPAT W/N 14 c. the officer who filed the information had no authority
DAYS MAGKA TETANUS SIYA, IF MORE THAN (OTHER to do so
CAUSE NA) d. the information does not comply substantially to the
D. No, But Filemon is still criminally liable for some other prescribed form
crime, such as slight physical injuries e. more than one offense is charged
f. criminal action or liability has been extinguished
g. the information contains averments which if true,
103. A number of lawmakers want to reimpose the would constitute legal excuse or justification
death penalty, which imposition is prohibited by RA the accused has been previously convicted or acquitted
9346. Assuming that the death penalty is revived, which of the offense charged
among the following will happen if the accused pleads k. the accused is suffering from unsound mental
guilty to a capital offense? condition, or there is a prejudicial question, or there is
a pending petition for review before the DOJ →
a. The court will conduct a searching inquiry into the GROUNDS FOR SUSPENSION OF ARRAIGNMENT
voluntariness and full comprehension of the
consequences of his plea.
b. The court shall require the prosecution to prove the
guilt of the accused and precise culpability.
c. The accused may still present evidence in his behalf. 109. In relation to the immediately preceding question,
d. All of the above which ground for a motion to quash is not waived even
if NOT ALLEGED by the accused?
104. Which of these is not an absolute (TOTAL) a. Letters a, b, g and i
extinction of criminal liability?
b. Letters c, d, e, and f
A. full service of sentence
B. death
c. Letter f, g, and h
C. conditional pardon – ONLY PARTIAL EXTINCTION d. Letter k only
OF CRI MINAL LIABILITY
D. amnesty 110. The accused is charged for crime that happened a
long time ago, despite knowledge or discovery of the
105. A. stabbed B. B was brought to the hospital by his said crime, the complaint was only filed recently. What
relatives, but B refused blood transfusion because he is remedy should the accused do in order to seek dismissal
a member of a religious group that forbids blood of the case against him?
transfusion among its members. B died due to loss of A. file a motion for reconsideration
blood attributed to his refusal to be the subject of blood B. file a motion for a new trial
transfusion. Is A here still criminally liable for the death C. file a notice of appeal
of B? D. file a motion to quash the information

Amici Review Center Page 9

111. Under the Rules of Court, when is the party checks subsequently bounced. Which of these may be
considered to have rested its case? filed against the accused?
A. After the prosecution has offered its exhibits. a. Estafa
B. As may be ordered by the court. b. BP 22
C. As may be agreed during pre-trial. c. Either estafa or BP 22, or both Estafa and BP 22;
D. After the court has ruled on the formal offer of there is no double jeopardy
evidence. d. The prosecution must choose whether it will file
estafa only or BP 22 only; just choose one, otherwise
112. A crime was committed in Makati, but the there would be double jeopardy
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 117. It is a rule which states that when an accused files
objects on the ground that there is double jeopardy. Is a motion to quash because if the grounds are not stated
there double jeopardy? in the motion, all the grounds under the rules into
alleged in support of his motion are considered waived:
a. Yes, the case had already been filed before a court. a. Omnibus motion rule
b. No, if the Muntinlupa court had no jurisdiction, the b Double jeopardy
accused was in no danger of being placed in c. Bill of attainder
jeopardy. d. Nolle prosequi
c. Yes, since the case is already filed in court and this e. Time bar rule
is the mistake of the prosecutor.
d. No, because not all the elements of double jeopardy 118. A is a police officer. He detained B without a
are present. warrant. The crime committed is considered as light
offense. The investigation revealed that the detention
113. The prosecutor filed a case of homicide against X. is with legal ground. When will Julie be considered to
Before X could be arraigned, the prosecutor withdrew have committed arbitrary detention?
the information, without notice to X. The prosecutor A. the moment B is not delivered to the
then filed a murder case against X. X invokes double prosecutor’s office for conduct of inquest.
jeopardy. Is there double jeopardy here? B. the moment B is not delivered to proper
a. Yes, because he was prosecuted twice. judicial authority 18 hours from the time of arrest.
b. No, because there was no arraignment that took C. the moment B not delivered to proper judicial
place yet. authorities within 36 hours from the time of arrest.
c. Yes, because the law said so. D. the moment B is not delivered to proper
d. No, since the original charged was withdrawn. judicial authorities within 12 hours from the time of
arrest.
114. The city prosecutor charged A with serious physical
injuries for stabbing B. A was tried and convicted as 119. Provisionally dismissed cases with penalties of at
charged. A few days later, B died due to severe least 6 years shall become permanent after a period of:
infection of his stab wounds. Can the prosecution file a. 1 year
another information against A for homicide? b. 2 years
a. Yes, since B’s death shows irregularity in the c. 3 years
filing of the earlier charge against him d. 4 years
b. No, double jeopardy is present since A had
already been convicted of the first offense
120. A, a police officer detained B, his “kasambahay”
c. No, there is double jeopardy since serious
for having a quarrel with his 4-year-old child. Can
physical injuries is necessarily included in the
arbitrary detention be committed by A?
charge óf homicide
A. yes, because he is a police officer and he detained B
d. Yes, since a supervening event altered the
without legal ground.
kind of crime the accused committed -
B. no, he has the right to discipline B as his
DOCTRINE OF SUPERVENING EVENT
kasambahay.
C. no, because he is the father of his 4-year old child.
115. The accused was charged with frustrated
D. yes, because the detention is without a warrant of
homicide. At the time of the arraignment, the accused
arrest.
pleaded guilty. At that time, neither the prosecutor nor
the court was aware that the victim had already died.
121. Suppose A is a non-uniformed police officer. He
When the prosecutor learned of the victim's death, he
detained his “kasambahay” after quarreling with his
immediately filed a motion to upgrade the charge from
4year-old child. Can arbitrary detention be committed
frustrated homicide to consummated homicide. Here,
by A?
there is no double jeopardy because of
A. no, he has the right to discipline his kasambahay.
a. Doctrine of supervening fact or event
B. yes, he has no right to detain his kasambahay in the
b. Doctrine of subsequent discovery – MAY MGA
name of discipline.
PANGYAYARI NA BAGO
C. yes, because he is still a police officer.
c. Ex post facto law
D. no, as a non-uniformed police officer, he is not a
d. Bill of attainder
person in authority

116. The accused bought a car and in payment thereof,

122. Suppose C is a jail officer. Receiving an order from
he simultaneously issued checks to the seller. These
the court directing him to release A, he refused because

Amici Review Center Page 10

he is utilizing A as his personal “masseur”. May C be D. C is liable as accessory to the crime of theft
held liable for not releasing A? committed by A
A. no, since the non-release is consensual between C
and A. 128. Intod, armed with a firearm and with intent to kill,
B. yes, because A may earn money as C’s special positioned himself in front of Mr. Palangpangan’s
masseur. house, directly opposite the latter’s bedroom, where he
C. yes, for withholding the release of a person under honestly believed the supposed victim was located at
his custody despite receiving the court order for that moment. Intod wasted no time and riddled with
release of A bullets said portion of the house. Luckily for Mr.
D. none of the above Palangpangan, he was absent from his room at that
moment as he was in another city. Nobody was hit by
123. Suppose you are the investigator in a case where the bullets fired by Intod. What crime was committed
A killed B. You concluded that there was no self by Intod?
defense. Which of the following circumstances did you A. Attempted murder
find out that made the killing not justified? B. Frustrated murder
A. B is an unlawful aggressor C. NO crime
B. A used reasonable means to repel the attack D. Impossible crime
C. there is unlawful attack from B
D. A has participated in the provocation 129. A with intent to kill B, Sprinkled some white
powdered substance on the food of B. He believed that
124. A punched B and B fell on the ground, meanwhile, what he mixed was arsenic; a powerful poison. But in
by sheer coincidence an incoming emergency vehicle reality, he only mistook salt for arsenic. What he
accidentally ran over the prostrated body of B, which actually mixed in the white powdered substance but did
caused his death. IS A still criminally liable for the death not die. What crime was committed by A?
of B?
A. Attempted murder
A. Yes, the act of A in punching B is the direct, natural B. Frustrated murder
and logical consequence of B’s death C. No murder
B. No, because there was an active force/efficient D. Impossible crime of murder
intervening cause that intervened between the act of A E. Impossible crime of homicide
in punching B and such active force is a distinct act
foreign from A’s felonious act 130. After conviction at the Regional Trial Court of an
C. Yes, because A was committing a felony when he offense not punishable by death, reclusion perpetua or
was punching B life imprisonment, bail is________________
D. Yes, A was the proximate cause of the death of B A. a matter of right of the convict
B. discretionary to the convict
125. A petition for certiorari shall be filed within: C. discretionary to the court
a. 15 days D. granted before conviction contentious
b. 30 days
c. 10 days 131. What Court has the authority to freeze bank
d. 60 days deposits for violation of Anti-Money Laundering Law?
a. MTC
b. RTC
126. It is an act which would be an offense against c. CA
person or property were it not for the inherent d. Sandiganbayan
impossibility of its accomplishment, or an account of the
employment of inadequate or ineffectual means 132. If factum probans refers to evidentiary fact,
employed by the offender, as a consequence of which factum probandum refers to____________.
the accused is held criminally liable for the penalty of 1000STARS
arresto mayor or fine not exceeding 200.00 to 500.00 A. facts in issue
or both, in order to prevent or suppress his criminal B. ultimate facts
propensity: C. evidentiary issue
A. Light felony D. main issue
B. Proximate cause
C. Impossible crime 133. Intelligence is an element of felony. To prove
D. Offense otherwise, is to prove the accused is
_______________.
127. A stole the cellular phone of B. C (the mother of A. under the concept of mistake of fact
A) aware that the cellular phone was stolen sold the B. deprive of cognition when the crime was committed
same to D. What is the criminal liability of C, if any? C. under the compulsion of an irresistible force
A. as a mother, C is exempt from criminal liability D. under the concept of mistake of identity
for the crime committed by A.
B. C will be liable only as accessory for harboring 134. A, with intent to kill B, shot the latter but the gun
or concealing A for the crime of theft. would not fire because A forgot to load his gun with
C. as a mother, C is not liable as accessory to the bullets. What crime was committed by A under these
crime of theft committed by A. circumstances?
A. Attempted murder

Amici Review Center Page 11

B. Frustrated murder d. Physical injuries; the playing dead of the
C. No murder victim makes it impossible for the court to determine
D. Impossible crime whether the crime is attempted or consummated.

135. In the immediately preceding number, let us 140. A search warrant was issued for more than one
assume that X had actually made sure that the gun specific offense. This kind of warrant is void and not
had live bullets. Now with intent to kill, he aimed his allowed:
gun against Y. But the gun did not fire. This time the a. Scatter-shot search warrant
reason for the non-firing of the gun was that the gun b. General search warrant
suffered a malfunction as the bullet jammed c. Plain view doctrine
altogether. What crime was committed by X? d. John Doe or blank warrant
A. Impossible crime
B. Attempted felony 141. The crime of coup d’ etat is
C. Frustrated felony committed_______________.
D. Kamalasan A. by any person or persons belonging to the military
or police or holding any public office or employment
136. Juan lost his cellphone today. A few months B. singly or simultaneously carried out anywhere in the
thereafter, Juan took a cellphone from Pedro without Philippines
the latter’s consent. Juan immediately hide inside a C. by a swift attack with violence, intimidation, threat,
remote alley across the street and examined the strategy or stealth against duly constituted
cellphone. To Juan’s astonishment he discovered that authorities of the Philippines or any military camp
the cellphone that he took from Pedro was the very or installation, etc.
same cellphone which he lost a few months ago. What D. all of these
crime was committed by Juan?
A. No crime
B. Impossible crime - NO VIOLENCE
C. Theft under Article 308 of the RPC
D. Grave coercion 142. Dr. X had long wanted to kill Y, his lawfully wedded
E. Unjust vexation wife. So, one night he mixed whitish substances on the
soup of the latter. When the wife had already finished
137. A stole the phone of B and used it for a day. After her meal, including the soup with poison, Dr. X had a
realizing that what he did was wrong, A returned the sudden change of heart and decided to save the life of
phone to B. Here, A is______. his wife by employing his knowledge in toxicology. He
A. Still liable for theft immediately
B. Still liable for robbery administered an antidote. The antidote administered by
C. NO longer liable for any crime Dr. X prevented the death of the wife who, however,
D. NO longer liable for any crime because of unfortunately became vegetable-like thereafter. What
spontaneous desistance crime was committed by Dr. X?

138. X, with intent to kill, slowly approached Y who was a. Attempted parricide
seated on a chair and whose back was turned against b. Consummated less serious physical injuries
X. Because X had a defective eyesight, he miscalculated c. Frustrated parricide
his target and his knife landed against the frame/back d. Consummated serious physical injuries
of the chair, thus alerting Y.Y was not even scratched e. Attempted murder
because the back frame of the chair protected him from
injury. Here, what crime was committed by X?
A. Attempted murder 143. A waylaid B in the hope of getting his watch. But
B. Frustrated murder B left his watch in his house. A pointed his gun to B and
C. Impossible crime of murder demanded B to produce the watch. But because B had
D. Attempted homicide no watch on him, A let B go home unmolested. What
E. Attempted parricide crime was committed by A?
a. Attempted robbery
139. X struck Y with a bolo, hitting the latter in his b. Frustrated robbery
neck, chest, arms and legs. Y pretended to be dead. X c. Impossible crime
thought he had already succeeded in killing Y, so he d. Grave threats
left immediately. Y was alive and ran away after X left.
What stage of the crime was committed? 144. Which of the following are crimes mala in se?
a. Frustrated; the crime was not produced A. Offenses punished by the Revised Election Code, a
because of causes independent of the will of the special law, for the omission or failure to include a
accused. In this case, the pretense of death by Y. voter’s name in the registry list of voters.
b. Consummated; it is the state of mind of the B. Violation of comprehensive Dangerous Drugs Act
accused that should be considered. He thought he had C. Illegal Possession of Firearms
killed Y, and that is enough to make the crime D. Offenses defined and punished by the Revised Penal
consummated. Code
c. Impossible crime; it is impossible to kill
another person who pretends to be dead already, so 145. X was caught in the act of pouring gas in the house
naturally X already stopped killing Y. of another. He was about to strike the match in

Amici Review Center Page 12

preparation to set the house on fire when he was d. re-direct, direct, cross, re-cross examinations
stopped by alerted citizens. What crime was committed?
a. Consummated arson 152. Order of trial:
b. Frustrated arson a. prosecution, defense (accused), rebuttal, sur-rebuttal
c. Attempted arson b. rebuttal, sur-rebuttal, prosecution, defense (accused)
d. No crime c. prosecution, rebuttal defense (accused), sur-rebuttal
d. defense, prosecution, rebuttal, sur-rebuttal
146. X got mad with his neighbor, so he lit a rag soaked
with gas and place it against the wall of his neighbor's 153. If the document subject of inquiry is the photocopy
house. A small, very small portion, repeat, very small of the transcript of record, it is a _____________
portion only, of the house was burned. The fire that evidence.
burned that portion could not have even hurt anyone. A. original
Luckily, the fire was put out before it became a major B. material evidence
one. What crime was committed? C. secondary evidence
a. Impossible crime of arson D. parol evidence
b. Attempted murder
C. Frustrated arson 154. To produce conviction, the extra judicial confession
d. CONSUMMATED must be supported by ________. 1000STARS
ARSON A. The testimony of the accused affirming his
extrajudicial confession.
147. When two persons committed the crime by directly B. The presentation of corroborative evidence of
taking part in accomplishing the same crime. corpus delicti
Both accused are criminally liable as_______________. C. The testimony of the investigating officer who
A. accomplices obtained the confession.
B. accessories D. the testimony of the counsel who assisted
C. principals during the investigation
D. conspiracy
155. Which of the following statements is/are true in
148. X told Y, "Let us kill Z!" Y said "No, I don't want to, relation to unlawful aggression as one of the elements
mag-isa ka na lang" Here, X is ____. of self-defense, defense of relatives and defense of
a. liable for proposal. strangers?
b. liable for proposal to commit murder. 1. When the aggressor flees, there is no more
C. may be liable for impossible crime. unlawful aggression.
d. not liable at all 2. Although the unlawful aggressor retreats, if he
does it to take advantage of a better position, unlawful
149. Which of the following is not one of the conditions aggression still exists.
in order that the criminal law may not be given 3. There is no unlawful aggression when there is
retroactive application? an agreement to a fight, both protagonist and
A. the offender is a first time offender antagonist cannot claim self-defense.
B. the criminal law is favorable to the accused 4. Rights included in self-defense include
C. there must be a valid criminal law defense of honor and property, and even in these cases
D. the offender is not habitual delinquent unlawful aggression must be present.
5. There is still unlawful aggression even if there
was agreement to a fight so long as the aggressor
initiates the attack prior to the agreed time.
150. Which of these is punishable? a. 1 to 5 are true
1. Conspiracy to commit treason, conspiracy to b. None of them is true
commit rebellion, conspiracy to commit coup d'etat, c. 1 to 2 only are true
conspiracy to commit terrorism d. 1 to 3 only are true
2. Inciting to rebellion, inciting to sedition,
inciting to terrorism 156. One night, X heard intruders inside his house. X
3. Proposal to commit treason, proposal to armed himself with a rifle and upon seeing a man
commit rebellion, proposal to commit coup d'etat, armed with a pistol ransacking his house, X shot and
proposal to commit terrorism killed the man. Is X criminally liable?
4. Inciting to coup d'etat, proposal to commit sedition. a. No, because he was acting in defense of
a. 1-4 property right.
b. 1-3 b. No, because the means employed was
c. 1 only reasonable considering that the intruders were armed
d. None of these. with a pistol c. c. None of these
d. Both a and b
151. Which is the correct order in the examination of
witnesses? 157. In what characteristics of criminal law is express
and implied repeal are relevant?
a. direct, re-direct, cross, re-cross examinations A. extra-territoriality
b. direct, cross, re-direct, re-cross examinations B. prospectivity
c. cross, re-direct, direct, re-cross examinations C. territoriality
D. generality

Amici Review Center Page 13

158. One night, Anne, a married young woman, was 164. In classical theory, the purpose of penalty is:
sleeping when he felt a man on top of her. She thought a. reformation – positivist
it was her husband, so Anne let the man had sex with b. retribution – juristic theory
her. After reaching climax, the man said, “Anne, I love c. rehabilitation
you. I am not your husband. I am Peter". Anne got d. redress
angry she took a gun and shot Peter. Anne is charged
with homicide. Can she invoke self- defense/defense of 165. A slapped the face of B today. One or two days
honor? after that slapping incident, B, as a form of revenge,
a. Yes. Anne is the victim of unlawful aggression here, attacked A for the slapping incident that took place one
unlawful sexual intercourse. or two days before. If A fights back against this attack
b. No. The unlawful aggression against her honor had by B, can A claim self-defense under this present attack?
already ceased at the time of the shooting.
c. It depends if Peter would marry Anne. a. Yes, because A's provocation was most proximate
d. Yes. If Anne can show that she locked the door of and not immediate to the aggression made by B.
her house, it will negate negligence on her part. b. No, because A gave provocation.
c. Yes, because although A gave provocation, it was not
159. An evidence obtained is considered as sufficient.
incompetent if ___________. d. None of these
A. in violation of the right of the accused
B. in violation of the constitution 166. Any person who shall help the principal of the
C. in violation of the rules or statutes crime in order to conceal the corpus delicti is liable
D. All of these as_______.
A. principal
160. When after a certain period of time, the law B. accessory
enforcement officers or private offended party has failed C. janitor
to prosecute the commission is forever barred to D. accomplice
prosecute the same is _____________.
A. prescription of Penalty 167. A kissed B' girlfriend today. One or two days after
B. prescription of crime the kissing incident, B, as a form of revenge attacked A
C. conditional pardon for the kissing that took place one or two days before.
D. prescription of prosecution If A defends himself against this attack by B, can A
claim self- defense under this present attack?
161. A ship was heavily overloaded without the fault of
the ship captain. While in the middle of the sea, the a. Yes, because A's provocation was not proximate and
ship encountered strong typhoon. The captain decided immediate to the aggression made by B.
to throw the cargoes of the vessel to lighten the vessel. b. No, because A gave provocation.
The ship survived because of this decision of the c. Yes, because although A gave provocation it was not
captain. Is the captain liable for damage to property sufficient.
case filed by the owners of the cargo? d. None of these
a. No, the ship captain is not liable. This is avoidance
168. Evidence to be credible must___________.
of greater evil, and therefore, there is also no civil
liability. A. come from credible lips and must be credible in itself
b. Yes, this is damage to property. B. be incredible in itself
C. No, he acted in defense of himself and strangers. C. come from a child
d. The ship captain is not criminally liable under the
D. come from credible lips alone
necessity/avoidance of greater evil doctrine, but he and
others may be civilly liable.
169. Jose was a tricycle driver who was hired by a
certain "Boy" to drive the latter to the cockpit. Jose
162. The remedy to a duplicitous information is to file a
agreed to the proposal and while on their way to their
motion to quash:
agreed destination, two other unidentified who were
a. before arraignment
the companions of Boy boarded the tricycle. Along the
b. after arraignment
way, the trio, to the surprise of Jose, staged robbery
c. before and after arraignment
against an innocent victim. Jose tried to escape but
d. during arraignment "Boy" who stayed inside the tricycle prevented him from
leaving by means of gun-poking, and Boy threatened in
163. Mala in se are those crimes so serious in nature as fact to shoot Jose. Here, Jose, who drove for the
to call for unanimous condemnation of the society, robbers should be acquitted if he is also charged with
while mala prohibit are those which are ____________. robbery because…
A. declared by statutes to fit the needs of the a. he acted in self defense
present times.
b. he is just a poor tricycle driver
B. merely set as violations for certain group of
c. an act done by him against his will is not his act –
our society.
act under the compulsion of an irresistible force
C. violations of mere rules of convenience
d. he acted under the compulsion of an irresistible force
designed to secure orderliness in our society.
e. either c or d or both of them
D. wrongful and serious acts by nature but which
1000stars – IRRESISTIBLE FORCE → PHYSICAL FORCE
was not declared by statutes.

Amici Review Center Page 14

170. Which of the following is not exempt from criminal A. infanticide
jurisdiction of a certain country? B. homicide
a. Head of State C. murder
b. Mister-plenipotentiary D. parricide
c. Consul-General
d. Minister Resident

171. A, B, C and D murdered Pedro in the forest. E, who 177. Suppose that Z a very influential private individual
was an innocent passerby in the forest, accidentally saw arranged the escape of B and C by giving A and D
what A, B, C and D had done. A, B, C and D also saw (jailers) certain consideration. Which of the following
E, and they pointed their guns against E, and forced E crime may be committed by A and D?
to burn the cadaver of Pedro. Is E criminally liable as
an accessory for burning the cadaver of Pedro? A. infidelity in the custody of prisoner
B. direct bribery
a. No, he acted under the impulse of uncontrollable fear C. direct bribery and infidelity in the custody of the
of an equal or greater injury. prisoner
b. No, he acted under the compulsion of irresistible D. conspiracy to the crime of evasion of service of
force. sentence
c. Yes, he acted in conspiracy with the accused.
d. Yes, he had the opportunity to escape. 178. Suppose that B (detention prisoner) escaped
through his own efforts from PAKULO without giving
172. A law enforcement officer’s discharge of firearm consideration to A and D (jailers). Did B commit any
may result in the following various crimes, crime?
except___________. A. Yes, for the crime of evasion of service of sentence
A. illegal possession of firearm B. No, he did not commit any crime under the RPC.
B. attempted homicide C. Yes, for the crime of delivery of prisoner from jail.
C. physical injuries D. No, not yet for the crime of delivery of prisoner from
D. illegal discharge of firearms jail.

173. It is not necessary to state in the complaint or 179. Suppose that B escaped through his own efforts
information the precise time at which the offense was from PAKULO without giving consideration but in
committed. Which of the following crimes requires that conspiracy with A and D (jailers). What is the crime
time must be alleged in the complaint or information? committed by A and D?
A. abortion
B. infanticide A. conspiracy to the crime of evasion of service of
C. malicious mischief sentence
D. piracy B. delivery of prisoner from jail
C. conspiracy for the crime of delivery of prisoner from
174. Anti-Fencing Law will apply only when the valuable jail
articles proceeds from the crime of________. D. infidelity in the custody of prisoner
A. usurpation
B. estafa 180. Suppose that B (convicted by final judgement)
C. theft or robbery escaped through his own efforts from PAKULO without
D. swindling giving consideration to A and D (jailers). What is the
crime committed by B?

A. delivery of prisoner from jail

175. A ordered B to kill C (B's father). If he would not B. indirect bribery
do it, A threatened B that he (A) would kill B’s carabao. C. evasion of service of sentence
B killed C, his own father, to save the life of the carabao, D. infidelity in the custody of prisoner
because he loved his carabao more than he loved his
father. Is B exempted based on uncontrollable fear? 181. A and B are step brothers. A took the cellphone of
a. No, because the evil with which he was B. They are living under the same roof. Which of the
threatened was much less than that of killing his own following statements is correct?
father. A. a crime of qualified theft is committed, and A
b. Yes, because in the eyes of the law, the life of is exempt from criminal liability
the carabao is put in the same level as that of the life B. a crime of theft was committed but A is
of a human being. exempt from criminal liability
c. Yes, because killing a person is absolutely C. a crime of qualified theft is committed, and A
prohibited by the law. is not exempt from criminal liability
d. No, because the life of a carabao if used in D. a crime of theft is committed and A is not
one’s livelihood is far more valuable than the life of his exempt from criminal liability
father.
182. Which of the following statements best describes
176. A is a woman. She killed B who is less than three the application of the provisions of special penal laws?
days old and the legitimate child of C. A. The special penal laws may or may not have periods
What is the crime committed by A, if any? of penalty

Amici Review Center Page 15

B. The Revised Penal Code provides the period for the a. Furtherance of crime or fraud. If the services
penalty, the penalty for the special penal laws must or advice of the lawyer were sought or obtained to
provide the same. enable or aid anyone to commit or plan to commit what
C. The provision of the Revised Penal Code is the client knew or reasonably should have known to be
supplemental to the special penal laws a crime or fraud.
D. The provisions of special penal laws are b. Claimants through same deceased client. As to
supplemental to the provision of the Revised Penal a communication relevant to an issue between parties
Code who claim through the same deceased client,
regardless of whether the claims are by testate or
183. A is accused of a crime while B was the witness for intestate or by inter vivos transaction.
the prosecution. Before the trial begins, A and B got c. Breach of duty by lawyer or client. As to a
married. Here, communication relevant to an issue of breach of duty
a. B is still qualified to testify against A by the lawyer to his or her client, or by the client to his
b. B is no longer qualified to testify against A or her lawyer.
c. B is no longer qualified to testify against A because d. Document attested by the lawyer. As to a
of the marital disqualification rule communication relevant to an issue concerning an
d. B is no longer qualified to testify against A because attested document to which the lawyer is an attesting
of the marital disqualification rule, unless A gives his witness.
consent e. Joint clients. As to a communication relevant
to a matter of common interest between two or more
184. Attorney X was approached by Y who is an clients if the communication was made by any of them
accused in a criminal case for parricide. In their to a lawyer retained or consulted in common, when
conversation, Y disclosed to Attorney X that he killed offered in an action between any of the clients, unless
his wife. Upon hearing this, Attorney X declined to they have expressly agreed otherwise.
defend Y. Attorney X now wants to testify against Y in f. Any one of or all of these
the same criminal case of parricide in which Y is the
accused. May Attorney X be allowed to testify against 188. The husband or the wife, during or after the
Y? marriage, cannot be examined without the consent of
a. Yes, as there is no law which prohibits him the other, as to any communication received in
from doing so. confidence by one from the other during the marriage,
b. No, because of the privileged communication except in a civil case by one against the other, or in a
between lawyer and client. criminal case for a crime committed by one against the
c. No, because of the privileged communication other, or the latter's direct descendants or ascendants.
between lawyer and client unless his client, Y, consents This is…
to such testimony
a. privileged communication
d. Yes, because there is no mention in the case
b. privileged communication between husband and
that Y paid attorney's fees to Attorney X, therefore,
wife
there was no attorney-client relationship created.
c. privileged communication between priest and
185. In relation to the preceding question, assume that patient
Attorney X's stenographer or secretary, or anyone of his d. privileged communication between attorney and
employees in his law office was able to overhear the client
confession made by Y to Attorney X. May anyone of this e. privileged of state secrets
employee go to court where the parricide case is
pending and testify against Y regarding the admission 189. Pedro and Petra are husband and wife. Mario and
made by Y to attorney X? Maria are husband and wife. One day, Pedro had sex
a. No, because of the lawyer-client privilege with Maria which caused the impregnation of Maria who
b. Yes, so long as client Y, consents; if he does not, bore a child later. Pedro asked forgiveness from Petra
then no. and confided to Petra that he is the father of Maria's
c. As a general rule, no, unless Attorney X gives his
child. Mario sues Pedro for adultery and wants to use
consent. Petra as his witness. Can Petra testify against Pedro?
d. No, as a general rule, unless both Attorney X and a. No, because of disqualification by reason of
client Y give their respective consents. marriage.
b. No, because of privileged communication
186. Assume in the above case that Y was merely between husband and wife.
planning to kill his own wife and he was just asking the c. No, because of disqualification by reason of
opinion of Attorney X on how he could do it with marriage, unless Pedro gives his consent.
impunity. May Attorney X, this time, go to court and d. No, because of privileged communication
testify against Y? between husband and wife, unless Pedro gives his
a. No, unless Y gives his consent. consent.
b. Yes, the lawyer-client privilege rule is not
applicable to crimes to be committed in the future
c. Yes, unless Y prohibits him.
d. No, there is no exception.

187. When can a lawyer or his employees testify against

190. A physician, psychotherapist or person reasonably
the interest of the client? In other words, which of this
believed by the patient to be authorized to practice
is an exception to the attorney-client privilege?

Amici Review Center Page 16

medicine or psychotherapy cannot, in a civil case,
without the consent of the patient, be examined as to a. privileged communication between doctor and
any confidential communication made for the purpose patient
of diagnosis or treatment of the patient's physical, b. privileged communication between husband and
mental or emotional condition, including alcohol or drug wife
addiction. This privilege also applies to persons, c. privileged communication between priest and
including members of the patient's family, who have patient
participated in the diagnosis or treatment of the patient d. privileged communication between Attorney and
under the direction of the physician or psychotherapist. Client
This is ____ e. public officers and public interest/privilege of state
a. privileged communication between doctor and secrets
patient – APPLICABLE ONLY IN CIVIL CASES
b. privilege communication between husband and wife 194. Under the new rules on evidence, the privileged
c. privilege communication between priest and patient communications between the professionals and their
d. privilege communication between attorney and client shall remain privileged even in the hands of a third
client person who have obtained the information, provided
e. privilege of state secrets that
a. the original parties to the communication took
191. RICARDO DE MESA died and he left certain reasonable precaution to protect its confidentiality
properties, like lands and other real estate. CAROLINA, b. the original parties were not aware that other
DOLORES and CESAR, sisters and brother of Ricardo people were eavesdropping on them
were claiming Ricardo's properties because according c. Both a and b
to them, Ricardo De Mesa had no spouse and had no d. None of these
child, hence his property should be inherited by them.
However, CECILIA and MARIAN, claimed that they were 195. A person cannot compelled to testify about any
the illegitimate children of Ricardo, and therefore they trade secret unless the non-disclosure will conceal fraud
should be the one to get their father's property. To or otherwise work injustice. When the disclosure is
prove that Cecilia and Marian are not children of directed, the court shall take such protective measures
Ricardo, Carolina, Dolores and Cesar, presented in as the interest of the owner of the trade secret and of
court the affidavit of DR. ARENAS. According to the the parties and the furtherance of justice may require.
affidavit of Dr. Arenas, Ricardo was sterile because of This is
gonorrhoea disease that he contracted during his a. privileged communication between doctor and
lifetime and therefore it was impossible for him to bear patient
children. The court did not accept the affidavit of Dr. b. privileged communication between husband and
Arenas because its admission would violate what rule? wife
c. privileged communication between priest and
a. Privileged communication between doctor and patient
patient d. privileged communication between attorney and
b. Privileged communication between husband and wife client
c. Privileged communication between priest and patient e. privilege relating to trade secrets
d. Privileged communication between attorney and
client
e. Privilege of state secrets
196. An extrajudicial confession must be corroborated
192. A minister/priest or person reasonably believed to by evidence of corpus delicti in order to sustain a
be so, cannot, without the consent of the affected conviction. What is meant by "corpus delicti?
person, be examined as to any communication or a. It means the body or the substance of the
confession made to, or any advice given by him or her, crime, or the fact that a crime has been committed.
in his or her professional character in the course of b. It literally means "produce the body" which is
discipline enjoined by the church to which the minister that writ directed to person allegedly detaining another
or priest belongs. This is… without legal right.
c. It means the right of a person against
a. privileged communication between doctor and unreasonable searches and seizures.
patient d. d. All of the above
b. privileged communication between husband and
wife 197. X and Y were before the police station and under
c. privileged communication between priest and investigation for stealing razor. X was beaten by the
penitent police within the hearing distance of Y. Y, on the other
d. privileged communication between attorney and hand, was luckier because he was not subjected to the
client same treatment. Y made an extrajudicial confession out
e. privilege of state secrets of fear that he would be beaten later if he did not
confess. Y's extrajudicial statement is
193. A public officer cannot be examined during or after a. admissible because no torture was inflicted to him
his or her tenure as to communications made to him or b. not admissible because the torture of X within Y's
her in official confidence, when the court finds that the hearing distance is sufficient intimidation to Y as
public interest would suffer by the disclosure. well, hence, his confession was not voluntary
This is… c. admissible as part of res gestae

Amici Review Center Page 17

d. All of the above business did not turn out well, then the supposed salary
of B would only P50, 000.00 a month. Under the facts,
198. Evidence that one did or did not to do a certain A cannot introduce in court such a verbal agreement
thing at one time __________. over the objection of B that such verbal agreement is a
A. cannot be compared as evidence that he did violation of what rule?
the same thing in the past a. Employment contract rule
B. is comparable evidence to prove that he did b. Parol evidence rule
the same thing in the past c. Original Document Rule
C. is admissible to prove that he did or did not to d. Best evidence rule
do the same thing at another time.
D. is not admissible to prove that he did or did
not do the same thing at another time 204. The crime committed is punishable by
imprisonment of at least 4 years, 2 months and 1 day.
199. What is the Rule in the Evaluation of evidence The crime was committed in the province. Where the
where the evidence in a criminal case is evenly complaint should be tried in order to initiate the criminal
balanced so that the constitutional scale is tilted in favor action?
of the accused? A. To file the information directly to the Regional
A. Balancing Rule Trial court
B. Equipoise Rule B. At the police station for warrantless arrest and
C. Presumption of innocence inquest proceedings.
D. Exclusionary Rule C. At the prosecutor’s office for the conduct of
preliminary investigation.
200. Which of the following are public documents? D. To file the complaint directly with the
1. The written Officials acts, or records of the official Municipal Trial Court.
acts of the sovereign authority, official bodies and
tribunals, and public officers 205. A person is about to commit a crime in your
II. Documents executed by private persons and presence. As a police officer, what would the
acknowledge before a notary public I appropriate course of action to do considering that the
III. Public records, Kept in the Philippines, of private crime is yet to be consummated?
documents required by law to be entered therein A. To identify the person and file a case for
A. I, II, III preliminary investigation
B. I, III B. To detain a person while waiting for the
C. I, II issuance of the warrant.
D. II, III C. To wait for the crime to be consummated,
before arresting the person.
201. The accused was convicted for an offense the D. To arrest the person even without a warrant
penalty of which is less than 6 years of imprisonment. of arrest.
He is qualified for probation. What advice will you give
to the convict? 206. The accused is charged for light felony with
A. That in case the penalty for the crime committed is alternative penalty of payment of fine of not exceeding
more than 6 years and upon appeal was reduced to less P200.00. He has been detained for more than a month
than 6 years he can still apply for probation already. A plea of guilty is possible, as a criminologist,
B. That if he will apply for probation, he cannot anymore your BEST advice is to _____
appeal his case once his application for probation is A. Plead guilty to the crime charged and pay the
denied fine of P200.00
C. That if he files his appeal, he cannot anymore be B. Plead guilty, however, his plea of guilty will be
allowed to apply for probation in case his appeal is entered on record
denied C. Plead guilty, considering that he has been
D. All of these detained for more than 1 month already the penalty is
deemed served already
202. Pre-trial process is where the parties stipulate on D. Ask for the release from detention considering
facts and evidence. What in general, is the purpose of that he has been detained for more than one month
Pre-trial? already without regard to the outcome of the case.
A. To settle the civil aspect of the criminal case
B. To comply with the order of the court to expedite the 207. In order to determine the veracity of the testimony
court process of the witness against him. The accused has the right
C. To determine matters that will promote a fair and to______
expeditious trial of the case → PRE-TRIAL IS A. Testify on his own behalf
MANDATORY! B. Secure the presence of his witnesses in court
D. To determine if the accused will enter into a plea of C. Has the testimony of the witnesses against him
guilty D. Cross examine and confront the witnesses against
him
203. A hired B as an employee, and in the contract of
employment, the salary of B was pegged at P100, 208. What is this evidence which admission is
000.00 a month. Later, A refused to pay B P100, 000.00 dependent on its being obtained legally?
because according to him, he and B had a verbal A. Conclusive
agreement that B's salary is conditional in that if the B. Material
C. Competent

Amici Review Center Page 18

D. Relevant B. The prosecution
C. It is up to the court
209. The offender is a police officer with the rank of D. None of these
Superintendent. The crime committed is in violation of
the Anti-Graft law. The case shall be under the 215.. If Marcello is a resident of Valenzuela City but he
jurisdiction of the____ committed the crime in Manila against Cassie who is
A. Metropolitan Trial Court resident of Caloocan City, the case should be filed
B. Regional Trial Court in_____
C. Office of the Ombudsman A. Caloocan City where Cassie is a resident
D. Sandiganbayan B. Manila, where the crime was committed
C. Any prosecutor’s office in Metro Manila
210. A person asked you for advice on how to file a case D. Valenzuela city where Marcello is a resident
of concubinage against her husband. Which of the
following are allowed by the rules in order to initiate the 216. What is the treatment of the court on evidence
filling of a concubinage case? that is determined to be incompetent?
A. The case of concubinage can be initiated even A. Inclusion
without the complaint of the offended spouse B. Archive
B. The case of concubinage can only be initiated by the C. Admission
complaint of the offended spouse D. Exclusion
C. None of these.
D. The case of concubinage is a public offense, it can 217. He has general administrative supervision over all
be initiated by the police the personnel of the court. He is primarily accountable
for all funds that are collected for the court:
211. This is a remedy available to any person whose a. Branch Clerk of Court
right to life, liberty and security is violated or threatened b. Presiding Judge
with violation by an unlawful act or omission of a public c. Stenographer
official or employee, or of private individual or entity. It d. Officer in charge
shall cover extralegal killings and enforced
disappearances: 218. A person who types every word said during the
a. Writ of Amparo trial:
b. Writ of Habeas Corpus a. Clerk of Court
c. Writ of Habeas Data b. Presiding Judge
d. Writ of Kalikasan c. Stenographer
d. Officer in charge
212. This is a remedy available to a person whose right
to privacy in life, liberty or security is violated or 219. The legal officer who presides over the courtroom
threatened by an unlawful act or omission of a public and directs and controls the trial. A man of learning who
official or employee, or a private individual or entity spends tirelessly weary hours after midnight
engaged in the gathering, collecting or storing of data acquainting himself with the great body of traditions
or information regarding the person, family, home and and the learning of the law:
correspondence of the aggrieved party: a. Clerk of Court
a. Writ of amparo b. Presiding Judge
b. Writ of habeas corpus c. Stenographer
c. Writ of habeas data d. Officer in charge
d. Writ of kalikasan – ENVIRONMENTAL
220. A public official who brings the government's case
213. An individual approached and asked you on how against a person accused of a crime and asks the court
to file a case against another. The act complained of to convict that person. He is more popularly known as
happened more than 1 week ago. Upon initial inquiry, the "fiscal”,
you learned that the act complained of is punishable a. Public prosecutor
with imprisonment of more than 6 years. What will be b. Legal researcher
your advice? c. Interpreter
A. To proceed with the complaint before the police d. Sheriff
station and request that a warrantless arrest be e. Process server
conducted
B. To proceed with the warrantless arrest and the 221. His function is verifying legal authorities, drafting
conduct of inquest proceedings memoranda on evidence, outlining facts and issues in
C. To proceed with the direct filing of the case before cases set for pre-trial, and keeping track of the status
the prosecutor’s office for the conduct Of preliminary of cases. He verifies authorities on questions of law
investigation raised by parties-litigants in cases brought before the
C. To file the case directly with the Regional Trial Court Court:
a. Public prosecutor
214. In all criminal cases, the accused is presumed b. Legal researcher
innocent. Thus, the prosecution has the burden of c. Interpreter
proof. Between the accused and prosecution who d. Sheriff
should present the evidence first? e. Process server
A. The accused

Amici Review Center Page 19

222. He acts as translator of the court, administering b. Indirect contempt
oaths to witnesses, calendar, prepares and signs c. Semi-contempt
minutes of the court session; maintains and keeps d. Gross contempt of court
custody of record book of cases calendared for hearing;
prepares court calendars and the records of cases
set for hearing: 229. During the presentation of evidence for the
a. Public prosecutor defense, the accused testified. During the cross
b. Legal researcher examination, he was asked questions which may point
c. Interpreter to his guilt on some other crime. What is the right that
d. Sheriff the accused may invoke?
e. Process server A. The right to counsel and for objection to such
question
223. He is tasked with serving writs and processes of B. The right to remain silent
the court; keeping custody of attached properties; and C. The right not to be a witness against himself
maintaining the record book on writs of execution writs D. The right against self-incrimination
of attachment, writs of replevin, writs of injunction, and
all other processes: 230. Robbery with homicide is committed when
a. Public prosecutor the____
b. Legal researcher A. Commission of the robbery is accompanied by
c. Interpreter homicide
d. Sheriff B. Killing resulting from robbery is not parricide,
e. Process server murder or infanticide
C. Commission of robbery is accompanied by
224. His primary duty is to serve court notices. He crimes of homicide only
ensures that all notices assigned to him are duly served D. Crime of homicide was committed on the
on the parties. It is through him that defendants learn occasion of robbery
of the action brought against them by the complainant,
More importantly, it is also through him that the trial 231. The accused was present during arraignment and
court acquires jurisdiction over the defendant: he entered his plea. Despite notice and the issuance of
warrant for his arrest, the accused remains absent.
a. Public prosecutor What should the court do in this kind of situation?
b. Legal researcher A. Proceed with the trial of the case dispensing the
c. Interpreter presentation of evidence of the accused
d. Sheriff B. None of these
e. Process server C. Not to proceed with the trial of the case because the
accused has the right to confront the witnesses
225. Court employees are not allowed to take any court D. Proceed with the trial of the case in absentia of the
records, papers or documents outside the court accused
premises. The reason for this is that:
a. Rule 132 Section 26 of the Rules of Court says:
Immovability of public record. 232. Which of these is the latest definition of
b. there is great danger that the public record documentary evidence?
might be lost in the process of transportation from one
place to another a. Documents as evidence consist of writings,
c. Both a and b recordings, photographs, or any material containing
d. None of these letters, words, sounds, numbers, figures, symbols, or
their equivalent, or other modes of written expression
226. It is the principal law office of the government in offered as proof of their contents. Photographs include
extending free legal assistance to indigent persons in still pictures, drawings, stored images, x-ray films,
criminal, civil, labor, administrative and other quasi- motion pictures or videos.
judicial cases: b. Documents as evidence consist of writing or any
a. Department of Justice material containing letters, words, numbers, figures,
b. Office of the Solicitor General symbols, or other modes of written expression offered
c. Ombudsman as proof of their contents.
d. National Prosecution Office c. Both a & b
e. Public Attorney's Office d. Documentary evidence is a document which is not
oral and can be seen by the naked eye.
227. Decisions of the Ombudsman in administrative
cases are appealable to the: 233. Suppose that an investigation was conducted for
a. Supreme Court the death of C and after more than 6 years of
b. Court of Appeals investigation, A discovered that B is the perpetrator and
c. Sandiganbayan is dead already. The wife of C wanted to pursue the
d. RTC filing of the criminal case. What advice can you give to
the wife?
228. It is one committed in the presence of, or so near
a court or judge, as to obstruct or interrupt proceedings A. That the death of B does not result to civil liability
before it: B. That the death of B absolutely extinguishes the
a. Direct contempt criminal liability

Amici Review Center Page 20

C. That the death of B does only partially extinguishes A. He will be liable for arbitrary detention if he
the criminal liability fails to deliver B to proper judicial authorities within 12
D. None of the above hours from the time of arrest
B. He will not be liable for arbitrary detention
considering that the arrest is based in legal grounds
234. Suppose that B manifested his intention to apply C. He will not be liable for any crime because he
for parole, what is your advice to B? arrested B for the commission of a crime
D. He will be liable for arbitrary detention if he fails to
A. that parole cannot be granted considering the deliver B to proper judicial authorities within 18 hours
opposition of the wife of C from the time of arrest
B. That he should serve first the minimum of his
penalty 239. Suppose that the crime committed by B is under
C. That he is not qualified because the penalty for the law punishable by imprisonment classified as grave
murder is reclusion perpetua offense. When should A deliver B to proper judicial
D. None of these authorities to avoid committing arbitrary detention?
A. More than 36 hours
235. Suppose that C after the crime of coup d’ etat B. Within 12 hours
manifested to you that he wanted to avail amnesty. C. Within 18 hours
What will be your advice to him? D. Within 36 hours
A. That he is not qualified because coup d’ etat is a
crime against those in the government 240. As provided by law, A should deliver B to proper
B. That he is not qualified considering that crime judicial authorities. Proper Judicial Authorities mean
committed is highly political ___
C. That he should get a recommendation from the
Office of the President and to be concurred by Congress A. Filing of information to the prosecutor’s office
D. That he should get a recommendation from the B. Filing of information in court of competent jurisdiction
Office of the President and to be concurred by at least C. Physical delivery of the person to the prosecutor’s
a majority of both Houses of Congress voting office
separately d. Filing of complaint at the Prosecutor’s office for
inquest
236. Suppose that C after conviction pending appeal,
manifested to you that he wanted to avail absolute 241. A was applying for a Philippine passport. She has
pardon, what will be your advice to C?
been “Tago ng Tago” in Japan for so long. B agreed to
A. That he is not qualified because coup d’ etat is
issue a new passport after having sexual intercourse
a crime against the President
with B in the latter’s house. Is B criminally liable to our
B. That he should get it from the President
criminal law?
without concurrence of the senate
C. That he is not qualified because the conviction A. No, Japan criminal law is not applicable to him
is not yet final B. Yes, the crime committed is in relation to his official
D. That he is not qualified considering that the function
crime committed is highly political C. No, the crime was committed in Japan
D. None of these
237. A was convicted by final judgment of theft. While
he was serving sentence for theft, he was found in 242. Suppose that A killed B. The latter is not related to
possession of marijuana. He was charged with A. The age of B is less than 12 years old. What is the
possession of dangerous drugs under RA 9165, and was crime committed by A?
found guilty therein. Is A considered a quasi-recidivist? A. Murder
a. Yes, A is considered a quasi-recidivist because B. Parricide
he was serving sentence when he was found in C. Infanticide
possession of dangerous drugs. D. Homicide
b. No, A is not a quasi-recidivist for the reason
that offense for which he was serving sentence is 243. Suppose that A killed B. The latter is the niece of
different from the second offense for which he was A. The age of B is less than 12 years old. What is the
convicted anew. crime committed by A?
c. No, A is not a quasi-recidivist for the reason A. Infanticide
that the second offense is not a felony or one which is B. Parricide
punishable by the Revised Penal Code. C. Homicide
d. No, A is not a quasi-recidivist because A D. Murder
should have served out his first sentence first prior to
conviction for the second offense. 244. Suppose that A killed B. The latter is not related to
e. A. The age of B is more than 12 years old. The killing is
attended by any of the circumstances stated in Article
238. Suppose that the crime committed by B is under 248 of the Revised Penal Code. What is the crime
the law punishable by imprisonment classified as less committed by A?
grave offense. When may A be liable for arbitrary A. Murder
detention? B. Parricide
C. Homicide
D. Infanticide

Amici Review Center Page 21

 d. Yes, it is admissible.
245. Suppose that A killed B. The latter is A’s illegitimate
daughter. B is less than 12 years old. What is the crime 250. In criminal cases, an offer of compromise by the
committed by A? accused may be received in evidence as an implied
A. Murder admission of guilt except ____?
B. Infanticide A. those involving quasi-offenses or those allowed by
C. Homicide law to be compromised.
D. Parricide B. in rape cases
C. in plunder cases
246. Suppose that A killed B. The latter is B’s illegitimate D. Both b and c
daughter and the age is merely 3 days old. What is the
crime of A? 251. X is an accused in a criminal case for consummated
A. Infanticide murder. X tried to settle the case with the family of the
B. Parricide offended party. X's act of settling the case is ____.
C. Homicide A. an offer of compromise and implied admission of guilt
D. Murder B. an offer of compromise and is not an implied
admission of guilt
247. A woman alleges she had been raped. But there C. a quasi-confession of guilt
were no signs of physical injuries on her arms and legs. D. an offer to settle the case to buy peace
Can the rape case still proceed even in the absence of
signs of physical injuries, and the alleged rape incident 252. X is accused of rape. The mother of X, without X's
happened in a place where people usually pass by? knowledge, went to the house of the supposed rape
a. Yes, in rape causes, injury to the body is not victim and tried to settle the case. The act of X's mother
important since the gravamen of rape is sex with the is ____
victim against her will or without her consent; physical a. an offer of compromise and is admissible against X
injury is not an element of rape. b. an offer of compromise on her part only and cannot
b. No, in the absence of physical injuries, it is imply any admission on the part of X
highly improbable that the alleged rape victim had been c. a foolish act
defiled against her will. Absence of physical injury is d. All of the above
evidence that she gave her consent.
c. No, in the absence of physical injuries, the 253. X is an accused in a reckless imprudence case
alleged sexual intercourse against the will of the resulting to homicide (a quasi-offense). X went to the
woman is now put into doubt, since all women who relatives of the offended party and offered to settle the
have been raped have shown sign signs of bodily and case in the hope that the family of the victims might
vaginal injuries. withdraw the criminal case. X's act of settling the case
d. Yes, court takes judicial notice that rapes can is
be committed in any place even in places where people A. an offer of compromise and implied admission of guilt
usually pass-by. B. an offer of compromise and is not an implied
e. a and d admission of guilt, since this involves quasi-offense
C. a quasi-confession of guilt
D. an offer to settle the case to buy peace

248. Which of these accurately reflects the parental and 254. The Latin statement, "res inter alios acta nocere
filial privilege rule? non debet," means
a. Parental and filial privilege - No person may be A. the law may be harsh but it is the law
compelled to testify against his parents, other direct B. the welfare of the people is the supreme law
ascendants, children or other direct descendants. C. there is no crime if there is no law punishing it
b. Parental and filial privilege - No person shall D. the rights of a party cannot be prejudiced by an act,
be compelled to testify against his or her parents, other declaration, or omission of another
direct ascendants, children or other direct descendants,
except when such testimony is indispensable in a crime 255. The father of X admitted on television that his son
against that person or by one parent against the other. is a robber. This statement of the father against his son
c. Only the parents cannot testify against the is not admissible against the son because of ___.
descendant but not the other way around. a. res inter alios acta rule
d. Only the children cannot testify against the b. dying declarations
parents but not the other way around c. res inter alios acta rule # 2
d. common reputation
249. The accused voluntarily confessed his crime to a
newspaper media man. During the confession, the 256. An act or declaration made in the presence and
accused had no lawyer. Is this confession admissible? within the hearing or observation of a party, who does
a. Yes, confession to media man needs no lawyer since or says nothing when the act or declaration is such as
a media man is a private person and the accused is not naturally to call for action or comment if not true, and
under custodial investigation at that time when possible for him to do so, may be given in
b. No, confession to media man is confession to agents evidence against that party. This is known as _______?
of the state a. admission
c. No, because the accused should be always assisted b. declaration against interest
by a lawyer at all times whether or not under
custodial investigation

Amici Review Center Page 22

c. admission by silence – doctrine of adoptive
admission
d. extrajudicial confession

257. X was brought before the municipal hall by angry 263. X was standing in front of his own house when
townspeople and everybody was cursing and pointing suddenly, he fell down as he was gunned down by a
at him, imputing to him that they caught him in the act group of men. X's wife immediately rushed to his aid
snatching the purse of a jeepney passenger. Despite of and upon seeing his wife, X said in a weak voice: "Kung
these accusations, X merely bowed his head and said ako ay bibigyan pa ng Diyos ng pangalawang buhay,
nothing. X's silence is considered as a/an hindi maaaring hindi mananagot si Bebot at si Frankie.
A. admission by silence "X died. Bebot and Frankie may be convicted based on
B. admission X's
C. confession a. dying declaration
D. implied admission b. admission
c. confession
258. Evidence that one did or did not do a certain thing d. learned treatises
at one time is not admissible to prove that he did or did
not do the same or similar thing at another time. This 264. X saw his grandmother sprawled on the ground
is and bloodied. X asked: "Nang, what happened?" The
a. previous conduct as evidence grandmother answered: “Si Paqui”. The grandmother's
b. similar acts as evidence statement cannot be admitted as a dying declaration
c. res inter alios acta alteri nocere non debet part II because a dying declaration must be
d. All of the above a. complete in itself
b. corroborated
259. A is accused of parricide for allegedly having killed c. conclusive
his father in 2020. Can the prosecution present the d. witnessed by at least two witnesses.
following evidence to prove his propensity in killing his
father: in 2019, A tied his father to a papaya tree; in 265. X saw Y bloodied and sprawling on the ground. X
2018, A tried to drown his father, and, in 2017, A tried asked this question: "Tio, who wounded you?" Y
to throw his father to the pool. answered: “You ask your Tia". May the Tia be
a. No, because of previous conduct as evidence. convicted of murder based on the statement of Y and
b. No, because of similar acts as evidence. consider the same as a dying declaration?
c. No, because of res inter alios acta alteri nocere non a. Yes, because Y's statement is a dying declaration.
debet part II b. No, because the statement of Y is not clear,
d. All of the above unequivocal or precise as to who wounded him.
c. Yes, because at least that seems to be the tenor of
260. A testified that B has committed snatching what Y wanted to say.
several times on the same street. Can the court admit d. Let's leave it up to the judge to answer this very hard
question.
this testimony as evidence against B?
a. Yes, as part of res gestae. 266. Dying declaration is admissible only in violent
b. Yes, as a dying declaration. crimes, such as murder, when the declarant is ____.
c. No, since he had no personal knowledge. a. the doer of the crime
d. No, because under the similar conduct as evidence b. the victim of the crime
rule c. the victim of the crime who must eventually die
d. the witness in the crime
261. It is a statement other than one made by the
declarant while testifying at a trial or hearing, offered 267. X was shot by Y in the course of a robbery. On the
to prove the facts asserted therein. It is inadmissible. It brink of death, X told w, a barangay tanod, that it was
is such when its probative force depends in whole or in Y who shot and held him up. In the trial for robbery
part, on the competency and credibility of some with homicide, X's declaration can be admitted only as
persons other than the witness by whom it is sought to a dying declaration to prove
produce it: a. robbery
a. Hearsay → no personal knowledge b. homicide
b. Dying declarations c. robbery and homicide
c. Parts of the res gestate d. anything
d. All of these
268. Statements made by a person while a startling
262. The declaration of a dying person, made under occurrence is taking place or immediately prior or
the consciousness of an impending death, may be subsequent thereto, under the stress of excitement
received in any case wherein his or her death is the caused by the occurrence, with respect to the
subject of inquiry, as evidence of the cause and circumstances thereof, may be given in evidence as
surrounding circumstances of such death. This is ____ So, also, statements accompanying an equivocal
a. dying declaration act material to the issue, and giving it a legal
b. declaration in articulo mortis significance, may be received as part of the res gestae.
c. ante-mortem statement a. res gestae
d. declaration at the point of death b. parts of the res gestae
e. All of these c. dying declaration

Amici Review Center Page 23

d. All of these went to the city hall and made sworn statement that he
was the one responsible for killing B and nobody else. A
269. X killed his employer inside the employer's bodega. died also thereafter. A few days thereafter, C, a friend
Immediately after having killed his employer, X called of A, is accused of killing B. In this case, C may be
upon Y, the security guard of the bodega, and told the acquitted on the basis of A's ______.
latter that he (X) had just killed their employer. Y, A. declaration against interest
shocked and bewildered, immediately phoned the B. dying Declaration
police. X's statement to Y may be used in evidence C. declaration against pedigree
against X as D. former testimony or deposition
a. judicial confession
b. parts of the res gestae
c. dying declaration 275. The act or declaration of a person deceased or
d. declaration about pedigree unable to testify, in respect to the pedigree of another
person related to him or her by birth, adoption, or
270. A beat Y to death. Before Y died, Y's grandmother marriage or, in the absence thereof, with whose family
brought him to the hospital. The grandmother had he or she was so intimately associated as to likely have
hysterical outburst at the hospital telling and screaming accurate information concerning his or her pedigree,
that it was A who killed Y. By the time of the trial, the may be received in evidence where it occurred before
grandmother is already dead. The outburst may be the controversy, and the relationship between the two
treated as persons is shown by evidence other than such act or
a. parts of res gestae declaration. The word "pedigree" includes relationship,
b. dying declaration family genealogy, birth, marriage, death, the dates
c. admission when and the places where these facts occurred, and
c. dead man statute the names of the relatives. It embraces also facts of
family history intimately connected with pedigree. This
is?
a. declaration against interest
b. declaration about pedigree
271. Ms. M was kidnapped by four (4) sex-crazed men, c. common reputation
was brought to a hotel, and was forcibly raped there d. learned treatises
repeatedly. Luckily, Ms. M was able to slip away from
the gang, and immediately run homeward bound. Upon 276. A and B (who had no family of his own) are
meeting her mother, Ms. M immediately uttered to her brothers. During his lifetime, A declared that C is not his
son. Now that A is dead, can C inherit from B?
mother, "Mommy, I was raped!" How would you
a. Possibly no, because of the declaration of pedigree
describe the statement made by Ms. M?
made by A.
a. Extrajudicial confession
b. No, because of declaration against interest.
b. Dying declaration
c. Yes, if the law allows it.
c. Parts of the res gestae d. Yes, because of the parts of the res gestae and dying
d. All of these declarations of A.

272. Decisions of the Ombudsman in criminal cases are 277. The reputation or tradition existing in a family
appealable to the: previous to the controversy, in respect to the pedigree
a. Supreme Court of any one of its members, may be received in evidence
b. Court of Appeals if the witness testifying thereon is also a member of the
c. Sandiganbayan family, either by consanguinity, affinity, or adoption.
d. RTC Entries in family bibles or other family books or charts,
engraving on rings, family portraits and the like, may be
received as evidence of pedigree. This is
273. The declaration made by a person deceased or a. declaration against interest
unable to testify against the interest of the declarant, if b. family reputation or tradition regarding pedigree
the fact asserted in the declaration was at the time it c. common reputation
was made so far contrary to the declarant's own d. learned treatises
interest, that a reasonable person in his or her position
would not have made the declaration, unless he or she
believed it to be true, may be received in evidence
against himself or herself, or his or her successors in
interest, and against third persons. A statement tending 278. Which of the following statements refer to “Corpus
to expose the declarant to criminal liability and offered
Delicti” 1000stars
to exculpate the accused is not admissible unless
I – Corpus delicti is the body or substance of the crime.
corroborating circumstances clearly indicate the
YES
trustworthiness of the statement. This is_______.
II – Corpus delicti is the fact that crime has actually
a. declaration against interest
been committed. YES
b. declaration about pedigree
III – Corpus delicti is the body of the person who is a
c. common reputation
victim of the homicide or murder. NO
d. learned treatises
A. II,III
B. I,II
274. A and B engaged each other in a duel. B died
C. I, III
instantly. A, on the other hand, bloodied and wounded,

Amici Review Center Page 24

 D. I,II,III 286. The declaration of an accused acknowledging his
guilt of the offense charged, or of any offense
III – ACTUAL COMMISSION OF THE CRIME necessarily included therein is ______.
A. Liability
279. What is the crime committed if the offender killed B. Confession
a person whose age is LESS THAN 12 years of age? C. Admission
A. Homicide, In the absence if any qualifying D. Responsibility
Circumstance under article 248.
B. Murder, If not attender by circumstances under
article 246.
287. Gen. Borja, a public officer, entered the house of
C. Murder, even if the offender is any of the parent.
Don Emilio through a wide-open door The latter saw the
D. Parricide, regardless of relationship by consanguinity
former but he disregarded him because Don Emilio is
busy watching “Ang Probinsyano”. Is Gen. Borja
280. Leo surreptitiously went into the premises of Levin.
criminally liable?
Not knowing that Levin was inside the house, he burned
a. He is not criminally liable
the house that resulted also to the death of Levin. Leo
b. He is criminally liable for Violation of Domicile due to
is liable of what crime?
the absence of consent
a. Arson
c. He is criminally liable for Trespass to Dwelling
b. Murder
d. He is criminally liable for Violation of Domicile even
c. Homicide
with the owner`s consent
d. Arson with Murder
288. The constitutional limitation of ex post facto law in
281. Senators Pacman and Migz would like to enact a
the enactment of criminal laws simply means that our
law that will protect the welfare of the athletes in the
criminal law shall be applied ______.
country. What kind of law is that?
A. Retroactively
a. Civil
B. In favor of the accused
b. Common
C. Prospectively
c. Criminal
D. Against the State
d. Statutory
289. Preliminary investigation is a matter of right when
282. The person is suspected of committing a crime
the penalty for the crime committed is _____.
which is punishable by imprisonment of at least 4 years,
A. Not exceeding six years of imprisonment
2 months and 1 day. The person was not subject to
B. Imprisonment of at least 4 years, 2 months, and 1
warrantless arrest. How will you proceed with the case?
day regardless of fine
A. Report the matter to my superior and let them decide
C. Imprisonment is 4 years, 2 months and 1 day
what to do with the situation.
regardless of fine
B. Exert effort to arrest a person even without a warrant
D. Less than 4 years of imprisonment
for the commission of a crimes
C. File a direct complaint with the prosecutor’s office for
290. Police officer JAKE arrested ACE without legal
inquest proceedings.
ground and without a warrant JAKE committed the
D. File a direct complaint with prosecutor’s office for
crime of ______.
preliminary investigation
A. Violation of domicile
B. Illegal arrest
283. The PHASE in the commission of the crime when
C. Arbitrary detention → detained w/o legal ground
the person is from the point of beginning or within the
D. Unlawful arrest
point where he can still decide to desist or continue the
commission of the crime is the phase.
291. The crime committed is punishable by
A. Objective – liable (kasi may overt act na)
imprisonment of at least 4 years, 2 months and 1 day.
B. Internal
The crime was committed in Metro Manila or Chartered
C. Subjective – still not liable
Cities. Where the complaint should be filed in order to
D. External
initiate the criminal action?
A. To file the complaint directly with Municipal Trial
284. The Accused in criminal proceedings has in his
Court.
favour the rule that criminal law should be construed
B. At the police station for warrantless arrest and
liberally in his favor because ______.
inquest proceedings
A. Of the requirement of observance of due process
C. At the prosecutor’s office for the conduct of
B. The prosecution has the burden of proof
preliminary investigation
C. The police is presumed to perform their duty with
D. To file the information directly with the Regional Trial
regularly
Court
D. The accused is presumed innocent until proven guilt
292. Lolo killed 11 years old illegitimate granddaughter,
285. After the decision was rendered by the trial court,
Apo. What crime did Lolo commit?
the accused found new evidence. What remedy should
a. Homicide
do based on the new evidence?
b. Infanticide
A. File a motion for
c. Murder
B. File a motion for new trial
d. Parricide
C. File a notice to appeal
D. File a petition for certiorari
293. What is this rule in evidence which states that
when the terms of an agreement have been reduced to

Amici Review Center Page 25

writing It considered as containing all the terms agreed Ivler would be set for arraignment for the resulting
upon and there can be between the parties and their death of Mr. Cruz, what should Ivler do?
successors in interest no evidence of the written a. He may file an appeal
agreement? b. He may file a motion for reconsideration
A. Secondary Evidence c. He may file a motion to quash
B. Original Document rule d. He may file a petition for certiorari -
C. Exclusionary rule
D. Parol Evidence rule
300. In order that the person accused of a crime should
294. The form of evidence that is subject to the senses be bound to accusation against him, what should the
of the Court _______ evidence. police officer do?
A. Physical A. Wait for the issuance of the warrant arrest
B. Object B. Let the court proceedings take its course and allow
C. Real the issuance of warrant
D. All of these C. Arrest the person accused of a crime even without a
warrant
295. The crime committed is punishable by D. Do the arrest only when requested by the offended
imprisonment of 4 years, 2 months and less. The crime party
was committed in the province. Where the complaint
should be filled in order to initiate the original action? 301. Venue in criminal cases refers to the place
A. May file the complaint directly with the Municipal Trial _______.
Court A. Of trial where the parties agree
B. At the police station for warrantless arrest and B. Where the trial court designates
inquest proceedings C. That acquired jurisdiction over the case
C. May file the information directly with the Regional D. Where the crime was committed Criminal cases
Trial Court
D. At the Prosecutor’s Office for the conduct of 302. Alden and Yaya Dub are husband and wife. Yaya
preliminary investigation Dub had a sexual intercourse with Joaquin in their
conjugal home. Is there a need for the prosecutor to
296. Which of the following circumstances makes the conduct preliminary investigation?
evidence incompetent? a. Yes because the penalty for Adultery is at least 4
A. Evidence obtained in accordance with the years 2 months and 1 day
constitution b. No because the penalty for Adultery is lower than 4
B. Evidence obtained through third degree method of years 2 months and 1 day
investigation c. Yes because the penalty for Concubinage is at least 4
C. Evidence obtained in accordance with law or statute years 2 months and 1 day
D. Evidence obtained accordance with the rules d. No because the penalty for Concubinage is lower than
4 years 2 months and 1 day

303. Our criminal law may be applied extraterritorially

which simply means that ______.
297. A person who is lawfully arrested may be searched A. Our criminal law may be enforced by another
for anything ______. sovereign country
A. That the police at its discretion is deemed to be B. Our criminal law may be applicable even outside of
proper our territory
B. Even if not concerned to the commission or an C. Foreigners here in our country may be charge for
offense. violation of our criminal law
C. Which may have been used or constitute proof in the D. Those accused of crime may be arrested even outside
commission of an offense of our territory
D. That may be ordered by the court at its discretion
304. The extra-judicial confession of an accused is
298. Joaquin and Yaya Dub were lovers. When Yaya sufficient for conviction ______.
Dub decided to break up with Joaquin, he detained her A. Provided that it is freely, intelligently and voluntarily
in his house. Is Joaquin criminally liable? given
a. He is not criminally liable B. When it is corroborated by evidence of corpus delicti.
b. He is criminally liable for Slight Illegal Detention C. Even if it is not corroborated by evidence of corpus
c. He is criminally liable for Arbitrary Detention delicti
d. He is criminally liable for Serious Illegal Detention → D. Whether or not corroborated by evidence of corpus
kasi babae delicti

299. Jason Ivler drove his car in a secondary road with 305. Which among the following is NOT considered as
a speed of 60 kilometer per hour (kph), which damaged authorized person to file the complaint before the
the car of spouses Cruz, injured Mrs. Cruz, which Municipal Trial Court?
required medical attendance for 3 days, and killed Mr. A. Any peace officer
Cruz. During arraignment, Ivler`s lawyer moved that his B. Any law enforcement officer authorized by law
client be allowed to make his plea one at a time, starting C. The offended party
from the lightest charge, which the court, after asking D. The witnesses to the crime committed
the permission of the complainant, granted it. Ivler
pleaded guilty for simple negligence resulting in slight 306. Which of the following is NOT hearsay?
physical injuries, and was immediately convicted. If

Amici Review Center Page 26

A. The testimony of a witness concerning the letter he 313. Gen. Borja, a public officer, and armed with a
received from somebody search warrant, entered the house of Don Emilio. The
B. The information received by a police officer from the search warrant describes the subject of it as Heavy
neighborhood regarding the existence drug dens in the Machine Guns. Upon searching Don Emilio`s house,
area Gen. Borja found Methamphetamine Hydrochloride,
C. The affidavit of a witness who was not presented to May Gen. Borja seize the Methamphetamine
the witness stand for cross examination Hydrochloride?
D. The statement given by the informant to the police a. Yes because Methamphetamine Hydrochloride is
officer illegal per se, which was searched in plain view
b. No because Methamphetamine Hydrochloride is not
307. Ped Xing is a Chinese citizen who killed a Filipino illegal per se
on board a Philippine commercial vessel on the high c. Yes because Methamphetamine Hydrochloride is
seas. Based on the given situation. Based on related the principal accusation of arms smuggling
territoriality principle, Philippine criminal law is _______. d. No because Methamphetamine Hydrochloride is not
A. Not applicable because the crime was committed specifically stated in the search warrant
outside of the Philippine territory
B. Not applicable because the offender is not a Filipino 314. What is this right that the accused may invoke
C. Applicable in this situation although the crime was during trial to avoid statement against himself
committed on the high seas - exception A. Right not to be witness for his behalf
D. Applicable even if the crime was committed by a B. Right against self-incrimination
Chinese C. Right to assistance of counsel.
D. Right to remain silent
308. The act or omission of a person who after hearing
or seeing something that requires him/her to do 315. The power or authority to hear and decide a case
comment if it is not true and was given the opportunity is ______.
is ______. A. Judicial
A. Admission B. Jurisdiction
B. Admission against interest C. Venue
C. Confession D. Mandate
D. Admission by silence
316. Dingdong and Marian are husband and wife.
309. Which of the following situations is NOT valid Dingdong contracted a subsequent marriage with Angel
search without warrant? before his former marriage was legally dissolved.
A. Search in plain view Dingdong was charged with Bigamy. The lawyer of
B. Search incidental to stop and frisk Marian showed before the court a copy of her marriage
C. Search at the discretion of a police officer certificate to prove its existence. Such evidence is
D. Search incidental to lawful arrest considered as…
a. original document
310. HARDEN after trial was found guilty of a despicable b. Corroborative
act. However, the court found out that there is no law c. Documentary
punishing the said act. May the court punish HARDEN d. Object – to prove its existence
of any penalty which is deemed appropriate?
A. Yes, the act committed is despicable that it should be 317. In the above scenario, if the lawyer of Marian
punished. showed before the court a copy of her marriage
B. No, the law cannot punish because the court does certificate to prove its content that Dingdong and
not know the applicable law Marian were legally married. Such evidence is
C. No, the law cannot punish an act if at the time it was considered as…
committed the same is not yet punishable a. Best
D. All of the above b. Corroborative
c. Documentary -
311. An act or commission punishable by the Revised d. Object
Penal Code is _______.
A. Act or commission 318. In the same scenario, If Dingdong filed a petition
B. Offense – special penal law for declaration of nullity of his previous marriage with
C. Felony RPC Marian on the ground that both of them were minors
D. Crime when they got married, Dingdong should prove his claim
Infraction – ordinances through.
a. Clear and convincing evidence
312. When the search and seizure conducted by the b. Preponderance of evidence
police is based on a search warrant this presupposes c. Proof beyond reasonable doubt
that the search and seizure _______. d. Substantial evidence
A. May be questionable
B. Is without probable cause 319. The venue to hear criminal cases may be changed
C. Violates the right of the person to privacy when the _______.
D. Is with legal ground A. Prosecution and the accused agree
B. Complainant opted to change it
10 days FROM ITS DATE – validity of a warrant C. Trial court so ordered
Daytime – time a warrant is served D. Supreme Court so ordered – to avoid miscarriage of
justice

Amici Review Center Page 27

320. When a Filipino kills a Chinese on board a vessel understands the consequences of his plea, what is the
bearing the flag of Mexico while the vessel is in mandatory requirement in entering plea?
Philippine waters, may the criminal law of the A. The accused should be assisted his witnesses
Philippines apply? 1000STARS B. The accused should be assisted by the court of
A. Yes, the Philippine criminal law is applicable *English competent jurisdiction
Rule C. The prosecution should offer lower and irresistible
B. Yes, since the offender is a Filipino offer
C. No, it is the Mexican criminal law that applies D. The accused should be assisted by competent and
D. No, the Philippine criminal law is not applicable independent counsel.

321. The crime of concubinage is committed by a man 328. When the accused interposes self-defense, what is
who is_________. MODIFIED in the court proceedings in so far as the
a. married and keeps a woman as a mistress in some presentation of the witness?
other place as his wife. a. The order of presentation of evidence
b. married and had sexual intercourse with a woman b. The burden of proof
who is NOT his wife c. The presumption of innocence
c. married and had sexual intercourse with a woman d. None of these
privately at least once somewhere in a motel
d. married and had sexual intercourse with a woman 329.The most reliable (MOST CREDIBLE) form of
who is married. evidence in the hierarchy of evidence is
_____________.
322. A person asked you for advice on how to file a case a. Testimonial evidence
of concubinage against her husband. Which of the b. Real evidence
following is allowed by the Rules in order to initiate the c. Direct evidence
filing of a concubinage case? d. Documentary evidence
a. The case of concubinage can be initiated even
without the complaint of the offended spouse 330. The person arrested without a warrant for the
b. The case of concubinage can only be initiated by the crime the penalty of which is imprisonment of at least 4
complaint of the offended spouse years, 2 months and 1 day. He asked for preliminary
c. The case of concubinage is a public offense, it can be investigation. What is required of the person arrested in
initiated by the police order that preliminary investigation. Maybe conducted?
d. None of these A. He should as for the presence of a counsel while
being detained
323. Which of the following public officers cannot be B. He should ask for his right to remain silent in the
liable for the crime of arbitrary detention? course of the preliminary investigation
a. Agent of a person in authority C. He should ask his right to be informed of the nature
b. Chief Finance Officer of the City – NO AUTHORITY TO of the cause and accusation against his.
ARREST/DETAIN D. He should waive his rights under Article 125 of the
c. A person in authority Revised Penal Code
d. Jail Officers
331. When a case is filed in this court, bail becomes a
324. The accused with lewd design brought the woman matter of right before or after conviction, which court is
who is a minor a secluded place but with the consent of it?
the latter. The accused is liable for the crime of ______. A. Regional Trial Court
A. Simple seduction B. Municipal/Metropolitan Trial Court
B. Forcible abduction → UNDER 12 C. Court of Appeals
C. Qualified abduction D. Sandiganbayan
D. Consented abduction
332. ACE is a police officer. He arrested JAKE without a
325. Rebellion and coup d’ etat when committed by warrant for a crime which is considered as less grave
military personnel will subject them to court martial offense. For ACE to be NOT liable for the crime of
proceedings. What is the NATURE of court martial arbitrary detention, he must deliver JAKE to proper
proceedings? judicial authorities within ______ from the time of the
A. Civil arrest
B. Administrative A. 12 hours
C. Sui generis B. 18 hours
D. Criminal C. 36 hours
D. 32 hours
326. The process required to determine probable cause
based on direct filling of complaint so that the 333. The defense shall offer the testimony of its witness
information may be filled in court is ________. during the time ________________.
A. Ex-parte examination of the complaint a. As ordered by the court to offer the testimony
B. Preliminary investigation b. The defense witness is called to testify
C. Inquest proceedings c. the exhibits are identified and marked
D. Judicial determination of probable cause – DONE d. the exhibits are formally offered
BEFORE ISSUING A SEARCH WARRANT/WARRANT OF
ARREST 334. The crime committed when a person killed his/her
illegitimate daughter who is a minor under the
327. During arraignment, the accused is required to circumstances provided by article 247 is _______.
enter his plea. So that the accused may be intelligently A. Infanticide

Amici Review Center Page 28

B. Murder
C. Homicide A. HARDEN wanted to kill CURRY, HARDEN set the
D. Parricide house of CURRY resulting to the death of CURRY -
MURDER
335. The constitutional limitation of bill of attainder in B. HARDEN steals the chicken of CURRY, then took the
the enactment of criminal laws simply means that our chicken of PAUL and that of DURANT - THEFT
criminal law shall ______. C. HARDEN killed CURRY while robbing his jewelry –
A. Decrease the imposed penalty to favor the accused ROBBERY W/ HOMICIDE
B. Imposed the penalty even without hearing and trial D. HARDEN wanted to kill CURRY
C. Applied the penalty only sparingly in favor of the state
D. Impose the penalty only after due hearing and trial 342. Exclusion of evidence simply means ______.
A. That evidence obtained unlawfully shall be excluded
336. The prosecution shall offer in evidence its by the court and not admitted
documentary evidence ______. B. That evidence which are testimonial but objectionable
A. At any time the prosecution may deep proper at its shall be excluded
discretion to offer C. That witnesses not subject for examination should be
B. After the presentation of testimonies of witnesses excluded from the court
have been terminated D. none of these
C. After the presentation of the witnesses of the defense
are terminated 343. If ACE is a resident of Valenzuela City but he
D. All of the above committed the crime in Manila against JAKE who is a
resident of Caloocan City, the case should be filed in
____________.
a. Caloocan City where JAKE is a resident
337. The crime of adultery is committed by any married b. Manila, where the crime was committed
woman who shall _____. c. Any prosecutor`s office in Metro Manila
A. Have sexual intercourse with a man under scandalous d. Valenzuela City where ACE is a resident
circumstances
B. Enter into marriage with another man other that her 344. What is this STAGE in court proceedings where the
husband prosecution and accused may agree on matters what
C. Have sexual intercourse with a man who is not her will promote a fair and expeditious trial of the case?
husband A. Trial proper
D. Live in conjugal dwelling with a man who is not her B. Preliminary investigation
husband C. Inquest proceedings
D. Pre- trial
338. Because the burden of proof rests with
prosecution, the duty to convict the person belongs to 345. For the attempted stage to exist, one of the
_______. requirements is that there must be an “overt act” Overt
A. The strength of the prosecution’s evidence acts in attempted stage means _____________.
B. The courts discretion based on evidence a. A physical undertaking as can clearly be seen by
C. The weakness of the accused’s evidence police officers
D. All of these b. An outward manifestation that the person is about to
commit crime
339. A person is about to commit a crime in your c. A physical act indicating the intention of the accused
presence. As a police officer, what would BE the to commit a specific crime
appropriate course of action to do considering that the d. An obvious physical activity directly observed by the
crime is yet to be consummated? police of any possible crime
a. To identify the person and file a case for preliminary
investigation 346. The accused was convicted for an offense the
b. To detain the person while waiting for the issuance penalty of which is less than 6 years of imprisonment.
of the warrant He is qualified for probation. What advice will you give
c. To wait for the crime to be consummated, before to the convict?
arresting the person a. That in case the penalty for the crime committed is
d. To arrest the person even without a warrant of arrest more than 6 years, and upon appeal was reduced to less
than 6 years, he can still apply for probation.
340. LINO saw ACE with an angry expression on his face b. That if he will apply for probation, he cannot anymore
while holding a firearm moving towards his direction. appeal his case once his application for probation is
When ACE was already near him, LINO picked up a 2x2 denied
hard wood and hit ACE on both his arms, resulting c. That if he files his appeal, he cannot anymore be
injuries to the latter. It was revealed during the allowed to apply for probation in case his appeal is
investigation that ACE is without bad intention against denied
LINO. LINO was charged for serious physical injuries. d. All of these
This situation fits the principle of ______.
A. Mistake in identity 347. The following are the sources of criminal law
B. Mistake in the blow except?
C. Mistake of fact A. Special laws
D. Ignorance of the law B. Ordinances
C. Special penal laws
341. Which of the following illustration BEST exemplifies D. Revised Penal Code
the concept of a special complex crime?

Amici Review Center Page 29

348. The questioning initiated by law enforcement B. No he did not commit any crime under the RPC
authorities after a person is taken into custody or C. Yes, for the crime of delivery of prisoner from jail
otherwise deprived of freedom of action is ______. D. Yes, for the crime of evasion of service of sentence
A. Illegal detention
B. Arbitrary detention 355. What is the effect of Hipolito’s remaining silent
C. Custodial investigation while being interviewed by the police in connection with
D. Preliminary investigation the crime committed?
A. Hipolito should answer after all evidence he gave will
349. The authority to enact national penal statutes is be inadmissible
lodged in the ______. B. Hipolito is within his constitutional right to remain
A. Respective Sanggunian of LGUs silent
B. Respective Mayors of LGUs C. Hipolito may still answer even when there is a counsel
C. Congress of the Philippines provide from him
D. Trial Courts in the Philippines D. Hipolito’s silence is deemed admission of guilt

350. Suppose that DURANT has personal knowledge of 356. When should the Hipolito be informed of Miranda
the crime committed. However, DURANT has been rights?
previously convicted for the crime of Robbery. Which of A. Before he is put into custody
the following statements BEST describes the B. After he was asked any question related to crime he
qualification of DURANT as a witness? was arrested for.
A. He is not competent to testify because of his previous C. Immediately after he is arrested
conviction D. When he is already assisted by a counsel of his choice
B. He is not qualified to testify because of his previous or as provided for
conviction
C. He is qualified to testify subject to the approval of the 357. Jurisprudence declares that the suspect may waive
court. his right to remain silent under the following, EXCEPT it
D. He is qualified to testify despite his conviction of the must be _________.
crime of Robbery A. In the presence of counsel
B. In writing
351. Suppose DURANT is merely 6 years old which of C. Before the prosecutor’s office
the following statements BEST describes the D. After the Miranda rights was given to him
qualification of DURANT as a witness?
A. He is qualified so long that he can express his thought 358. Suppose that HIPOLITO in the commission of the
before the court. crime of murder against ERIKA ensured that ERIKA
B. He is not qualified because a minor is susceptible of cannot retaliate or cause harm against the former, what
being coached by lawyers is the applicable modifying circumstances
C. He is not qualified because he is still a minor A. Exempting
D. He is qualified because he can perceive and B. Aggravating
perceiving can convey his perception to another C. Alternative
D. Mitigating
352. Suppose that DURANT merely heard from KAI the
information that it was JAMES who killed JORDAN. 359. Suppose that HIPOLITO used the presence of 4
Which of the statements below correctly describes the relatives (AC → BAND) to ensure that ERIKA cannot
admissibility of DURANT’s testimony retaliate against HIPOLITO at the time he inflicted
A. It is not admissible for being independent relevant physical injuries against ERIKA, what is the applicable
statement modifying circumstances?
B. It is admissible if it is supported by evidence of corpus A. Exempting
delicti B. Mitigating
C. It is admissible if DURANT is qualifies as a witness C. Alternative
D. It is not admissible for being hearsay evidence D. Aggravating

353. Suppose that LEILA a very influential private 360. Suppose that ERIKA is a woman. HIPOLITO took
individual arranged with FRANKLIN and JONEL (jailers) advantage of his position as he is also a police officer so
the escape of PETER in exchange for certain that she was able to have carnal knowledge against the
consideration. PETER indeed escaped. Which of the will of ERIKA. What is the applicable modifying
following crimes may be committed by FRANKLIN and circumstance?
JONEL? A. Exempting
A. Direct bribery resulting in evasion of service sentence B. Mitigating
B. Direct bribery and infidelity in the custody of the C. Aggravating
prisoner D. Alternative
C. Conspiracy to the crime of evasion of service of
sentence 361. Suppose despite due diligence, and without
D. Infidelity in the custody of prisoner through intention to commit a crime, and without fault, the act
negligence of HIPOLITO resulted to physical injuries against the
person of ERIKA, what is the applicable modifying
354. Suppose that PETER escaped from PAKULO circumstances in this case?
through his own efforts without giving any consideration A. Aggravating
to FRANKLIN and JONEL. Did PETER commit any crime? B. Alternative
A. No not yet for the crime of delivery of prisoner from C. Exempting → ACCIDENT
jail D. Mitigating

Amici Review Center Page 30

 b. Formal
362. Berto with evident premeditation and treachery c. Seasonal
killed his father. What was the crime committed? d. Continuing
a. Murder
b. Parricide 371. Pedro, a 19year old man had sexual intercourse
c. Homicide with her 11 year old girlfriend without threat, force or
d. Qualified Homicide intimidation. What was the crime committed?
a. Child rape
363. Charlie and Lea had been married for more than 6 b. Qualified Rape
months. They live together with the children of Lea from c. Statutory Rape
her first husband. Charlie had sexual relation with Jane, d. None of the above
the 14-yearold daughter of Lea. Jane loves Charlie very
much. What was the crime committed by Charlie? 372. Habitual delinquency is limited only to the following
a. Simple Seduction six (6) felonies:
b. Qualified Seduction a. Robbery, Estafa, Malversation, Theft, Serious physical
c. Consented Abduction injury and less serious physical injury.
d. Rape b. Serious physical injury, Less serious physical injury,
Estafa, Robbery, Falsification and theft
364. Prof. Jose gave a failing grade to one of his c. Falisification, Physical injury, Theft, Estafa, Robbery
students, Lito. When the two met the following day, Lito and malicious mischief.
slapped Prof. Jose on the face. What was the crime d. Treason, Espionage, piracy, Mutiny, Flight to enemy
committed by Lito? country and violation of neutrality.
a. Corruption of Public Officials
b. Direct Assault → PERSON OF AUTHORITY/AGENT OF 373. Roque with intent to kill aimed his gun at Panelo.
THE PERSON OF AUTHORITY Roque did not know that the gun was empty. As a result,
c. Slight Physical Injuries when he pressed the trigger, it did not fire. What crime
d. Grave Coercion was committed by Roque?
a. No crime
365. A warrant of arrest for Kidnapping and Serious b. Attempted felony
Illegal Detention was issued against Tano for c. Impossible crime
kidnapping the Mayor. When Patrolman Kirby tried to d. Attempted Homicide
arrest him, Tano gave him 100,000 pesos to set him
free. Patrolman Kirby refrained in arresting Tano. What 374. Manny Pacquiao with intent to kill his wife, went to
was the crime committed by Patrolman Kirby? a grocery and buy a rat killer and muriatic acid. As he
a. Indirect Bribery was about to go home, police arrested him for
b. Direct Bribery attempted parricide. Is the police right in arresting
c. Corruption of Public Officials Manny Pacquiao?
d. Qualified Bribery a. Yes, for there is an act of execution
b. Yes, for there is a clear intention
366. Which of the following is an exception to the c. No. because mere preparatory act is not punishable
hearsay rule made under the consciousness of an as a general rule
impending death? d. No, because there is no proof that he will use Dora
a. Parol Evidence rat killer
b. Ante mortem statement 1000STARS
c. Suicide note 375. Lenie with intent to kill stabbed Sara from the back
d. Declaration against interest upon passing a dark alley inflicting a mortal wound.
Lenie in an attempt to make a second attack decided to
367. A kind of evidence which cannot be rebutted or turn her back leaving Sara. What crime was committed
overcome. by Lenie?
a. Primary a. Attempted murder
b. Best b. Consummated murder
c. Secondary c. Frustrated murder
d. Conclusive d. Serious physical injury

368. These questions suggest to the witness the 376. Duque, Liao and Du30 conspired to rob BDO in
answers to which an examining party requires. their secret safe house. While they are planning how to
a. leading → BAWAL SA DIRECT EXAMINATION commit the crime, operatives of the NBI barged in and
(PWEDE SA CROSS EXAMINATION) arrested the group. What crime was committed by
b. misleading them?
c. stupid a. No crime was committed
d. hearsay b. Under the facts no crime was committed as mere
conspiracy to commit a crime is not punishable.
369. Which of the following is not a person in authority? c. Attempted robbery
a. Municipal mayor d. Frustrated robbery
b. Private School Teacher
c. Police Officer → APA
d. Municipal Councilor

370. Crimes that have three stages of execution. 377. A big fire razed a row of houses in a thickly
a. Material populated neighborhood. To prevent the spread of fire,

Amici Review Center Page 31

some of the residents demolished several houses. These B. felony
persons are: → state of necessity C. act or omission
a. Civilly liable but not criminally liable D. offense
b. Criminally and civilly liable
c. Civilly and criminally not liable 385. Among the rights of the accused, which is not a
d. Criminally liable but not civilly liable constitutional right?
a. right to speedy trial
378. To constitute as a crime of Kidnapping and Serious b. right to counsel
legal Detention, one of the elements is that the offender c. right against self-incrimination
must kidnap or detain the offended person for ___ d. right to appeal → STATUTORY RIGHT
1000STARS
A. 3 days or less 386. Which is the law enacted by Congress that imposes
B. 3 days a penalty, other than the Revised Penal Code?
C. at least 3 days A. Statute
D. more than 3 days B. Ordinances
C. Special Penal Laws
379. A wanted to sing the song "My Way in a Karaoke D. Criminal Code
Bar. He was prevented by B. Which of the following act
of B may constitute as a crime of Grave Coercion? 387. Which of the following is NOT a source of criminal
A. B preventing A to sing by means of threats or law?
intimidation A. Ordinances
B. None of these B. Special Penal Laws
C. B preventing A to sing by means of force upon things. C. Revised Penal Code
D. B preventing A to sing by means threats of filing a D. Resolution
criminal case against A – LIGHT COERCION
388. When the criminal law appears to be capable of
380. A, B, and C with intimidation took the cellphone of being given to interpretations which seem to favor or
PSSG D. The latter responded and exchanged gunfire against the accused, such law shall ____.
with A, B, and C. Unfortunately, PSSG D was hit and A. be declared unconstitutional
killed by B resulting to the death of the latter. What is B. not be enforced against the accused.
the crime committed by A, B and C. If any? C. be interpreted in favor of the accused.
A. robbery with reckless imprudence resulting to D. be interpreted in favor of the police
homicide
B. robbery with homicide 389. The following are elements of frustrated stage in
C robbery and homicide the commission of the crime, EXCEPT__.
D. robbery with reckless Imprudence resulting to A. the acts performed would produce the felony as a
murder consequence
B. by reason of spontaneous desistance of the accused
381. The requirement of violence against or intimidation C. the offender performs all acts of execution
of person in the crime of robbery present. 1000STARS D. but the felony is not produced
A. before and after the taking of personal property
B. before the taking of the personal property is complete 390. When a court is satisfied, upon proof or oath, that
C. all of these a material witness will not testify when required, it may
D. after the taking of the personal property from the upon motion of either party order the witness to _____.
offended person A. To be excused.
B. To post bail.
382. A took the cellphone from M with intimidation A C. To be included in the information.
speed away using his motor vehicle which run over D, D. To be arrested
the daughter of A, resulting to the death of the latter
What is the crime committed by A, If any? 1000STARS 391. In this jurisdiction, when two or more accused are
A. robbery with reckless Imprudence resulting to jointly charged with any offense, they shall be tried
parricide jointly. Separate trial is_____.
B. robbery with parricide A. Within sound discretion of the court.
C. robbery with reckless imprudence resulting to B. A constitutional requirement.
homicide C. Statutory requirement.
D. robbery with homicide D. Mandatory.

383. The element of using force upon things in the crime 392. To be state witness, one of the accused must
of Robbery requires that? voluntarily execute a sworn statement in support of his
A. there must be breaking of things inside the house or discharge. If the court denies the motion to discharge
building said accused which was filed before the prosecution
B. the offender must have entered the house or the rests its case, his sworn statement shall be as _____.
building A. Admissible in evidence.
C. All of this B. Inadmissible evidence.
D. the offender must not have entered the house or the C. Admitted as material evidence.
building D. Conditionally admitted as material evidence.

384. The act or omission punishable by the Revised 393. Our criminal law may be applied extraterritorially
Penal Code is a ___? which simply means that
A. Crime

Amici Review Center Page 32

A. our criminal law may be applicable even outside of A. declarant must eventually die
our territory B. declaration is in connection with a starting occurrence
B. those accused of crime may be arrested even outside or equivocal actions
of our territory C. declaration pertains to facts or circumstances
C. foreigners here in our country may be charge for surrounding the declarant's death
violation of our criminal law D. the declarant is competent to testify
D. our criminal law may be enforced by another
sovereign country 402. A is merely 6 years old. Which of the following
statements BEST describes the qualification of A as a
394. The trial shall commence: witness?
A. Within 30 days from receipt of the pre-trial order. A. He is qualified so long that he can express his thought
B. Within 45 days from receipt of the pre-trial order. before the court
C. Within 20 days from receipt of the pre-trial order. B. He is not qualified because a minoris susceptible of
D. Within 15 days from receipt of the pre-trial order. → being coached by lawyers
TIME TO PREPARE FOR TRIAL C. He is qualified because he can perceive and
perceiving can convey his perception to another
395. Which is NOT the qualification of the witness D. He is not qualified because he is still a minor
A. That the person can recollect such perception from
memory 403. What is this opinion of a witness on a matter
B. That he should not be convicted of a crime requiring special knowledge, skill, experience training?
C. That the person can perceive A. Opinion of specialists
D. That the person can store in his memory such B. Opinion of the court
perception C. Opinion of expert witness
D. Opinion of an ordinary witness
396. One reason for the re-opening of trial of a case.
A. The case is appealable 404. Accused was charge for homicide. He interposes
B. Newly discovered evidence the justifying circumstance of self defense. In such case,
C. The appearance of an essential witness the burden of proof__.
D. To avoid miscarriage of justice upon motion and with A shifts to the accused
hearing B. upon the discretion of the court
C. rests to whoever presents the evidence
397. After the prosecution rested its case, the accused D. still belongs to the prosecution
filed a demurrer to evidence. Would double jeopardy be
a valid defense if he is charged again with the same 405. The new and independent act which is the
offense against? immediate cause of the injury and which breaks the
A. Yes, because the dismissal is tantamount connection between the original wrong and the injury is
(EQUIVALENT) to acquittal. referred to as the ____ cause.
B. Yes, the case was not terminated on its own merits. A. effective Intervening
C. No, because the dismissal is with his consent or upon B. efficient connecting
his own motion. C. causal connecting
D. No, The case was not terminated on its merits hence D. efficient intervening
double jeopardy is not a valid defense.
406. A is charged of a crime in violation of RA 9262
(AntiViolence Against Women and Their Children). What
398. Which is this acknowledgment of guilt by the is the nature of the crime committed by A?
person made before a police officer during the conduct A. Mala in se
of an official Investigation? B. Revised Penal Code
A. extra judicial admission C. Special Penal Law
B. Judicial admission D. Mala prohibita
C. Extra Judicial Confession
D. Judicial Confession 407. What is this PHASE in the commission of the crime
where person did not stop the commission of the crime
399. The entire trial period should not exceed_____ because of spontaneous desistance or because of the
from the first day of trial, except if authorized by special presence of the police until he performs all the acts of
law or by the SC circulars. execution but does not produce the felony?
A. 120 days A. Internal
B. 90 days B. External
C. 180 days C. Objective
D. 60 days D. Subjective

400. The accused may prove his good moral character

which is
A. of the knowledge of the court 408. When a Filipino killed a Chinese on board a vessel
B. pertinent to the moral trait involved in the offense bearing the flag of Mexico while the vessel is in
charged Philippine waters or territory, may the criminal law of
C. of judicial knowledge the Philippines apply?
D. necessary to prove his innocence of the crime charge A. No, because the killing happened on board a Mexican
registered vessel.
401. The following are the elements of dying B. Yes, because the offender is a Filipino citizen.
declaration, EXCEPT the _____. C. No, because the offended party is a Chinese citizen.

Amici Review Center Page 33

D. Yes, because the killing happened within the 416. The following are the instances in which the
Philippine waters or territory testimony of the witness may be impeached, EXCEPT by
_________.
409. A suspension of arraignment for a period of _ is A. evidence that the general reputation of the witness
allowed if there is a pending petition for review before for truth, honesty or integrity is bad
the Department of Justice. B. contradictory evidence
a. 15 days C. evidence that the witness has made at other times
b. 60 days statements inconsistent with his present testimony
c. 90 days D. evidence of the witness wrongful acts
d. 120 days
417. The obligation to present its witness first belong to
410. A killed B by also ensuring that B cannot retaliate the accused, if _______.
or cause harm against him. Which is the applicable A. the accused agrees to it.
modifying circumstance? B. None of these
A. Alternative C. In case the accused invokes self-defense.
B. Exempting D. I upon the order of the court
C. Mitigating
D. Aggravating

411. Cardo was charged with rape. What was proved

was qualified seduction. Can Cardo be convicted of 418. Which of the following is not a public document?
qualified seduction? A. Documents acknowledged before a notary public
A. No, although qualified seduction is a lesser offense B. Notarized last wills and testaments → private
than rape, the elements of the two offenses are C. Public records, kept in the Philippines, of private
different. documents required by low
B. No, Cardo could not be convicted of qualified D. The written official acts, or records of the official acts
seduction but will be convicted of rape. of the sovereign authority
C. Yes, Cardo can be convicted of qualified seduction
because it is a lesser offense than rape. 419. When is authentication of a private document
D. Yes, Cardo can be convicted of qualified seduction which is offered in evidence NOT required?
because it was proved. I. When it is offered as an authentic document
II. When it is more than 30 years old, produced from a
412. What is this Justifying circumstance wherein the custody in which it would naturally be found if genuine,
accused, in making the defense, must not be induced and is unblemished by any alteration or circumstance of
by revenge or ill motive? suspicion
A. Defense of stranger III. When it is less than 30 years old at the time of its
B. Self defense of relative presentation
C. Defense of relative A. i , ii
D. Self defense of stranger b. ii, iii
c. i
413. Purisima is the chief of police in the town of d. ii
Antipolo. His son Marquez committed murder whom he
helped in escaping by providing Marquez money and 420. The evidence of the same kind and tending to
Car. Purisima is liable as an? prove the same facts is ___ evidence.
A. Accessory because his public functions criminal A direct
B. Accessory but exempted from liability by virtue of b corroborative – different character
relationship C. cumulative
C. Accomplice he abuses his public functions D. relevant
D. Accomplice but exempted from the criminal liability
by virtue of relationship 421. When the witness affirms that a fact did or did not
exist or occur, this is referred to as ____evidence
414. In killing A, B used the presence of 4 of his relatives A presumptive
to ensure that A cannot retaliate against him. Which is B. negative – did NOT see or know (ex: alibi)
the applicable modifying circumstance? C. positive
A. Mitigating D. conclusive
B. Alterative
C. Exempting 422. Which is NOT an absolute extinction of criminal
D. Aggravating liability?
A. Death
415. When is the testimony of the witness being B. Full service of sentence
offered? C. Conditional Pardon – partial extinction
A At the discretion of the counsel at any time of the D. Amnesty
proceedings
B. At the time the witness is called to testify 423. Which is the crime committed considered as GRAVE
C. At the time the witness identifies the exhibits or Felony?
evidence A. The crime committed has a penalty of imprisonment
D. After the presentation of the testimonies of the is at least 6 years and 1 day.
witness B. The crime committed has a penalty of imprisonment
of not exceeding 30 days

Amici Review Center Page 34

C. The crime committed has a penalty of imprisonment a. Offender
ranging from 30 days and 1 day to your b. Victim – the forgotten character/one in CJS
D. The penalty for the committed is imprisonment of c. witness
reclusion temporal d. Crime

424. One injury produced when a person is committing 433. The frontline defender of democracy in the CJS.
a. Prosecution
a crime is ______ injury.
b. Correction
A physical
c. Police
B. state d. Court
C. community 1. LAW ENFORCEMENT – INITIATOR, PRIME MOVER,
D. social POLICE PILLAR, STARTER OF CJS, FRONTLINE
DEFENDER, GATEKEEPER
425. Which is NOT damages that can be recovered in a 2. PROSECUTOR – SCREENING PILLAR, EVALUATION
criminal case? PILLAR, LINKING PILLAR, LAWYER OF THE
A. temperate STATE/GOVERNMENT
B. exemplary 3. COURT – CENTERPIECE, MOST IMPORTANT PILLAR,
C. actual MEDIATOR, ARBITER, DISPENSER OF JUSTICE,
D. social CARRIER OF JUDICIAL POWER (POWER TO APPLY
LAWS), ONLY PILLAR NOT UNDER THE EXECUTIVE
RBANCH OF THE GOVT.
426. Piracy under Article 122 of the Revised Penal Code,
4. CORRECTION – PENALIZATION PILLAR,
as may be distinguished from PD. 532, the latter may
REHABILITATION PILLAR, WEAKEST PILLAR, COLOR
be committed. CODED PILLAR
A in the high seas and Philippine waters 5. COMMUNITY – REINTEGRATION PILLAR,
B. within the Philippine waters INDEPENDENT PILLAR
C. both internal lands and waters
D. anywhere in the Philippines 434. He is responsible in evaluating the evidence the
police have gathered and deciding whether it is
427. Who is the chairman of the Lupon Tagapamayapa sufficient to warrant the filing of charge(s) against the
in the Barangay Level where there is a diversion alleged violator.
program? a. Investigator
A. Punong Barangay b. judge
B. BCPC Chairman c. prosecutor
C. LSWDO d. solicitor general
D. PNP member
435. He is an arbiter in court who ensues that the
428. This criminal justice model is based on the idea that defense and the prosecution adhere to the legal
the most important function of the CJS is the protection requirements of introducing evidences.
of the public and the repression of criminal conduct.
a. Crime prevention a. Clerk of court – ALTER EGO OF THE JUDGE
b. Crime control b. Judge
c. Law and order c. sheriff – EXECUTOR OF THE JUDGMENT OF THE
d. Due process JUDGE
d. jury
429. According to this criminal justice model, the rights
of an individual must be co-equal with the concern for 436. The pillar of the CJS which is not under the
public safety. executive branch of the government.
a. Crime prevention a. law enforcement
b. crime control b. court
c. Law and order c. prosecution
d. due process d. correction

430. This concerns to the obligations of the community 437. This is a governmental body that is charged with
to individuals, and requires fair disbursement of the responsibility of administering justice.
common advantages (+) and sharing of common a. Law enforcement
burden (-). b. correction
a. Prosecution c. Prosecution
b. justice d. court
c. equality
d. trial 438. Any person directly vested with jurisdiction (AOR),
whether as an individual or as a member of some court,
431. This function of the law enforcement is being done Government Corporation, board or commission.
through elimination of factors influencing the a. Agent of person in authority
occurrence of crimes, good community relations, b. Government employee
educating the citizens about their role, introduction of c. Government officer
delinquency prevention programs, good parenting and d. person in authority
others. OFFICER OF PEACE AND ORDER → AGENT OF A
a. Maintenance of law and order PERSON IN AUTHORITY
b. Reduction of crime
c. crime prevention 439. A pillar of CJS which occupies a unique position in
d. crime control the Philippine Criminal Justice System serving as the
lawyer of the State or government in criminal cases.
432. This principal character of the criminal justice a. law enforcement
process links all components of the CJS. b. court

Amici Review Center Page 35

c. prosecution 447. A body officially assembled under authority of law
d. correction in which judicial power is vested or the administration
of justice is delegated.
440. This document is required by the Prosecutor’s a. court
Office before it can entertain a complaint on a case b. corrections
covered by the Barangay Court. c. prosecution
a. Certificate of Non-Settlement d. law enforcement
b. Certificate of Non-arbitration POWER TO SETTLE CASES, MEDIATE AND APPLY LAWS
c. Certificate to file action → JUDICIAL POWER
d. complaint affidavit

441. It refers to the study of the various agency of our

government in charge of processing law violators to 448. A body of civil authority tasked to maintain peace
ensure the protection of the society and maintenance of and order, enforce the law, protect life, liberty and
peace and order. property and ensure public safety.
a. Criminology – STUDY OF CRIMES AND CRIMINAL a. police
b. prosecution
b. Criminal Justice c. court
c. Victimology – STUDY OF THE ROLE OF THE VICTIM d. corrections
PPSC (PHILIPPINE PUBLIC SAFETY COLLEGE) → IN
d. Sociology – STUDY OF SOCIETY CHARGE W/ THE TRAINING OF THE TRI BUREAUS

442. Refers to the person who is being implicated to the 449. System of taking care of the custody, rehabilitation
commission of a crime and subject of an investigation. and treatment of persons convicted of committing
a. Convict crime.
b. respondent a. police
c. Accused b. prosecution
d. suspect c. court
d. corrections
443. Is the machinery of the state which enforces the
rules of conduct necessary to protect life and property 450. The “Anti-Graft and Corrupt Practices Act”.
and to maintain peace and order? a. R.A. 8294
a. Criminal Justice System b. R.A. 7080
b. Criminology c. R.A. 1379
c. Criminal law d. R.A. 3019
d. Criminal jurisprudence
451. Exclusive original jurisdiction over all offenses
416. It is that degree of proof requires in criminal case punishable with imprisonment not exceeding six years.
which would convince a reasonable mind based on a. Supreme Court
moral certainty but which nevertheless does not c. RTC → MORE THAN 6 YEARS
preclude the possibility of error. b. Court of Appeals
a. Preponderance of evidence d. MTC
b. Clear and convincing evidence
c. substantive evidence 452. It is otherwise known as the Department of the
d. proof beyond reasonable doubt → 100% NO DOUBT Interior and Local Government Act of 1990, enacted on
December 13, 1990. Established the PNP, BFP, BJMP
444. A negotiation between the defense counsel and the and the PPSC.
prosecutor, aimed at reaching an agreement whereby a. R.A. 6975
the prosecutor uses discretion to obtain from the judge b. P.D. 1184
a lighter sentence in exchange for the defendant’s c. R.A. 8551
entering a guilty plea. d. R.A. 6040
a. arraignment
b. preliminary investigation 453. Refers to that sector of society composed of NGO’s,
c. pre-trial because oriented groups and advocacy groups that
d. plea bargaining promote the welfare of the people against all forms of
abuse and exploitation.
445. The PNP is the law enforcement agency of the a. crime control
country which is under the ________? b. political parties
a. DOJ c. civil society
b. DILG d. volunteer
c. NAPOLCOM
d. DSWD 454. It is the process of reducing if not eliminate the
existence of a cause from initially occurring, thus, lessen
446. A person who is under custodial investigation is the police work as suppressing the spread of criminality.
basically protected by a number of rights mandated a. Crime Prevention -
under the constitution and this was even expounded in b. Crime control
the legislative act (made by congress – “RA” known as c. Criminal apprehension
_______? d. law enforcement
a. Miranda Doctrine MODERN CONCEPT → ABSENCE OF CRIME
b. R.A. 7438 (PROACTIVE PATROL)
c. Bill of Rights OLD CONCEPT → # OF ARREST (CRIME
d. R.A. 6975 CONTROL/REACTIVE PATROL)

455. Directly under the supervision of the Department

of Justice, its most important function in the Criminal

Amici Review Center Page 36

Justice System is to maintain and recognize the rule of 463. It is the actual restraint of a person into custody of
law through the speedy delivery of services particularly the law in order for him to answer for the commission
in the prosecution and investigation of all crimes. of an offense.
a. Arrest – TAKING OF THE PERSON
a. National Prosecution Service
b. PNP b. investigation
c. Ombudsman c. invitation
d. Solicitor General d. seizure – TAKING OF THE PROPERTY

456. What do you call a court covering two (2) or more 464. It refers to the ways and means of trapping and
municipalities? capturing the law breakers in the execution of their
a. MTC - 1 criminal plan.
b. MeTC a. Instigation
c. MCTC b. Entrapment
d. MTC’s c. Investigation
d. Raid
457. What is that term which refers to the wise use of
one’s own judgment in a given situation without 465. A pillar of our CJS which is not under or
referring to your superior due to the eminence of the interdependent from any branch of government.
situation? a. prosecution
a. Police resourcefulness b. correction
b. Police discretion c. court
c. Police integrity – ABILITY TO GIVE AWAY FROM ANY d. community
CORRUPTION
d. police prudence – ABILITY TO DISCIPLINE ONESELF 466. During trial of a criminal case, it is the prosecutor
who directs the prosecution of the offense and he/she
did it on the behalf of the state. Once a case is elevated
to the higher court such as Court of Appeals, who
represents the State in the prosecution of the offense?
458. It refers to the art or science of identifying law a. Chief State Prosecutor
violators, locating and tracing them in order to affect b. Solicitor General
their arrest and gather evidence to prove their guilt in c. National or provincial prosecutor
court. d. Judge
a. Crime prevention
b. criminal investigation 467. It refers to the questioning initiated by law
c. Crime control enforcement officer after a person has been taken into
d. Intelligence work custody.
a. custodial investigation
459. An attached agency of the Office of the President b. interview
tasked to implement and undertake drug law c. inquest
enforcement. d. interrogation
a. Narcotics Command
b. AID-SOTF 468. In cases committed by Public officer with salary
c. PDEA grade 27 and above in violation of Act 3019, R.A. 1379
d. NBI or Art. 210 to 212 of the Revised Penal Code a complaint
should first be filed to the office of _______ for the
conduct of the required preliminary investigation.
460. Sworn statement, subscribed by Offended party, a. Ombudsman
any peace officer of public officer in charge of b. Solicitor General
enforcement of the law violated filed either to the court c. Judge of MTC
or to the office of the prosecutor. d. Sandiganbayan
a. Complaint
b. Information 469. In flagrante delicto means ______?
c. Pleadings a. caught in the act
d. Affidavit b. caught after commission
c. instigation
461. Is an inquiry or proceeding to determine whether d. entrapment
there is sufficient ground to engender a well-founded
belief that a crime has been committed and the
respondent is probably guilty thereof, and should be 470. Courts in the Philippines are cloth with the power
held for trial (Probable cause). or try cases submitted to for adjudication. What term is
a. preliminary investigation use in referring to the authority or power to hear and
b. Prejudicial question decided cases.
c. inquest proceeding – TO DETERMINE THE LEGALITY a. Jurisdiction
OF ARREST b. Venue
d. custodial investigation c. Jurisprudence
d. Territory
462. Preliminary investigation is conducted on cases
punishable by: 471. It is the authority of the court to try/hear cases for
a. at least four (4) years, two (2) months and one (1) the first time to the exclusion of other courts.
day. a. original jurisdiction
b. more than four years, two months and one day b. exclusive jurisdiction
c. less than four years, two months and one day c. appellate jurisdiction
d. six years, one day and above d. concurrent jurisdiction

Amici Review Center Page 37

472. It is the formal reading of the charges against a d. Public Attorney’s Office
person accused of a crime and latter asking him whether
he pleads guilty or not to the crime charged. 481. This is the power to apply the law to contests or
disputes concerning legally recognized rights or duties
a. arraignment → OTHER TERM: FORMAL APPRAISAL between the state and private persons, or between
OF CHARGES individual litigants in cases properly brought before the
b. preliminary investigation judicial tribunal.
c. plea a. Judicial Power
d. promulgation of judgment b. Judicial Review
c. Court
473. It is a body of men created to settle disputes within d. Court of Justice
Barangay level.
a. barangay tanod 482. This is the process or method whereby accusations
b. pangkat tagapagkasundo are brought before the court of justice to determine the
c. barangay council innocence or guilt of the accused.
d. lupon tagapamayapa a. Prosecutor
b. Prosecution
474. It is the most common way by which the police c. Trial
discovers or it informed that a crime has been d. Preliminary Investigation
committed:
a. When the witness voluntarily reports the crime. 483. The settlement of a dispute by a person/s chosen
b. When the police discovers the crime to hear both sides and to come to a decision.
c. When the victim reports the crime a. Mediation
d. When the suspect surrenders b. Settlement
VICTIMIZATION SURVEY - MADE TO DETERMINE c. Arbitration
THE NUMBER OF CRIMES NOT USUALLY REPORTED TO d. Agreement
THE POLICE
484. One who prosecutes another for a crime in the
475. The Lupon Tagapamayapa shall be composed of name of the government?
the Brgy. Chairman as Chairman of the Lupon and the a. Public Prosecutor
Brgy. Secretary as the Secretary of the Lupon and other b. Private Prosecutor
members who shall be: c. Prosecution
a. more than 10 but less than 20 d. Ombudsman
b. not less than 10 but not more than 20
c. more than 10 485. It refers to the “court of last resort”.
d. less than 10 a. RTC
b. Sandiganbayan
476. When arrest may be made? c. Supreme Court
a. At any time of the day and night d. MTC total composition
b. At day time
c. At night time 486. This court was created under RA 1125, as
d. from sun dust till dawn amended, which has exclusive appellate jurisdiction to
review on appeal decisions of the Commissioner of the
Internal Revenue involving internal revenue taxes and
477. Under what circumstances arrest can be made decisions of the Commissioner of Customs involving
even without a warrant? customs duties.
a. All of the choices a. Court of Justice
b. When the crime was committed in the presence of b. Court of Appeals
the arresting officer. c. Sandiganbayan
c. When the crime was in fact been committed and there d. Court of Tax Appeals
is personal knowledge based on probable cause that the
person to be arrest has committed it. 487. This court has jurisdiction over crimes committed
d. When the person to be arrested is an escapee by high-ranking public officials (with salary grade of 27
above), which can only be committed because of their
position.
478. It is a process directed to a person requiring him a. Court of Justice
to attend and to testify or to bring with him any books b. Court of Appeals
or documents under his control at the trial of an action. c. Sandiganbayan
a. subpoena d. Court of Tax Appeals
b. subpoena ad testificandum
c. subpoena duces tecum 488. It a writ order of the court bearing its seal and the
d. warrant of arrest signature of the judge directing the jail or prison
authorities to receive the convicted offender for service
479. The “anti-Plunder Act”. of sentence.
a. R.A. 7080 a. Commitment Order
b. R.A. 1379 – ILL GOTTEN WEALTH CASES b. Mittimus
c. R.A 3019 c. warrant of arrest
d. R.A. 6713 d. habeas corpus

480. This attached agency of the DOJ is tasked to 489. Is that branch of the criminal justice system
provide free legal assistance to poor members of charged with the custody, supervision and rehabilitation
society: of a convicted offender.
a. National Bureau of Investigation a. Penology
b. National Prosecution Service b. Probation
c. Board of Pardons and Parole c. Correction

Amici Review Center Page 38

d. Criminology a. penalty
b. self-defense
490. Executive clemencies are acts of grace exercise by c. exemplarity
the president. Which of the following is not one of them? d. punishment
a. Pardon
b. Amnesty 497. City and Municipal is the division of our correctional
c. Commutation of Sentence institution which primarily in charge of those detention
d. Parole prisoner, awaiting for final judgment of their trial and
serving short sentences and under the Bureau of Jail
491. Prison is a place for confinement of convicted Management and Penology. While it is true that even
prisoners. What classification of prisoners is sentenced the Provincials Jails like the City and Municipal Jails are
to serve a prison term of one day to three (3) years or under the DILG, it is subject to the control and
whose fine is less than 6,000 but more than 200 or supervision of the __________?
both? a. Bureau of Jail Management and Penology
a. National prisoner – MORE THAN 3 YEARS (INSULAR) b. Department of Justice
c. Bureau of Correction
b. City prisoner d. Provincial government
c. provincial prisoner – 6M TO 3Y
498. This is the process wherein the inmate, after
d. municipal prisoner – 1D TO 6M serving his sentence, is released to be able to mingle
with the community.
492. Prisons are institution for confinement of convicted a. Reintegration
offenders sentenced to more than three (3) years of b. Reincarnation
imprisonment. It is derived from the Greco-Roman word c. Realization
_____? d. Rehabilitation
a. Presinto
b. Precindio
c. presidio
d. precinto
499. It refers to the examination of an individual’s
493. There are how many members the composed the person, house, papers or effects, or other buildings and
Lupon? premises to discover contraband or some evidence of
a. 3 members guilt to be used in the prosecution of a criminal action:
b. 5 to 10 members a. Search
c. 10 to 20 members b. seizure
d. 5 members c. Raid
d. entrapment
493. It is granted to convicted offenders who have
served a portion of their service granted by the Board
of Pardons and Parole. 500. This court was established by virtue of PD 1083,
a. Pardon otherwise known as “Code of Muslim Personal Laws of
b. Probation the Philippines”.
c. Amnesty a. Court of Tax Appeals
d. Parole → ACT 4103 b. Shari’a Court
c. Sandiganbayan
493. It is a security facility, usually operated by the
police stations, for the temporary detention of persons d. Family Court
held for investigation or awaiting preliminary COURT EQUIVALENT TO MTC IN SHARI’A COURT →
investigation before the prosecutor. SHARI’A DISTRICT COURT
a. Lock-up jail
b. Ordinary jail – 1D TO 3Y 501. What is the antonyms of the word arrest?
c. workhouses A. Apprehend
d. prison Types of Jail B. Search
JAIL + PENAL SERVITUDE = WORKHOUSE C. Set free

494. It is a form of motivation granted by the Director D. Renounce

of Prisons whereby a number of days are deducted from
the length of years that a prisoner have been sentenced 502. Refers to the counsel provided by the government
to serve for his good conduct. to assist destitute litigant?
a. Commutation of sentence a. Counsel de officio
b. Parole b. counsel de parte
c. GCTA c. Public Attorney’s Office
d. reprieve d. volunteer counsel

495. Correctional institutions in the country is divided 503. He represent the government’s position in a
into National and Local institution. What Department of criminal case during court proceedings from the time of
the Executive Branch is the one in charge of the National the suspect’s arrest until the adjudication of his case.
Penitentiary - 7? a. Counsel de officio
a. Bureau of Jail Management and Penology b. counsel de parte
b. Department of Justice c. Public Attorney’s Office
c. Department of Interior and Local Government d. prosecutor
d. Bureau of Correction
504. What is the highest rank in the national prosecution
496. It is the suffering that is inflicted by the state for service?
the transgression of the law.

Amici Review Center Page 39

a. Prosecutor V → PROSECUTOR GENERAL (HIGHEST d. Sandiganbayan
POSITION)
b. Prosecutor IV 512. It is said that the home is the cradle of human
c. Prosecutor VI personality, for it where the child develops his
d. Chief Prosecutor fundamental attitudes and habits that last throughout
his life
505. The Office of the ____________represents the a. school
Government of the Philippines, its agencies and b. community
instrumentalities and its officials and agents in any c. barangay
litigation, proceeding, investigation or matter requiring d. family
the services of lawyers
a. Solicitor General 513. It refers the process whereby disputants are
b. Public Attorney’s Office persuaded by the Punong Barangay or Pangkat to
c. Counsel de officio amicably settle their disputes
d. counsel de parte a. agreement
b. conciliation
506. An office which Investigate and prosecute on its c. conference
own or on complaint by any person, any act or omission d. mediation
of any public officer or employee, office or agency,
when such act or omission appears to be illegal, unjust, 514. It is disobedience to the court by acting in
improper or inefficient opposition to its authority, justice and dignity:
a. Solicitor General Office a. Disrespect of court
b. Public Attorney’s Office b. Ungratefulness to the court
c. Ombudsman
c. Contempt of court
d. Sandiganbayan
d. Conduct unbecoming
507. An office which shall independently discharge its
mandate to render, free of charge, legal representation, 515. The effect of failure of the accused to quash a
assistance, and counselling to indigent persons in duplicitous information, the court may
criminal, civil, labor, administrative and other quasi- A. Acquit him as this is a violation of the rules on
judicial cases duplicity of offenses
a. Solicitor General Office B. Convict the accused of as many offenses as are
b. Public Attorney’s Office charged and proved there being a waiver therein
c. Ombudsman C. Impose on him the penalty of each offense, setting
b. Sandiganbayan
out separately the findings of fact and law in each
offense.
508. Is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded D. B and C
belief that a crime has been committed and the
respondent is probably guilty thereof and should be held 516. He is the 9th Secretary General of United Nations.
for trial (probable cause) a. Antonio Gutierres
a. custodial investigation b. Peter Thompson
b. inquest proceeding c. Ban-Ki-moon
c. preliminary investigation d. Boutros Boutros-Ghali
d. arraignment
517. The United Nations have how many member
States?
a. 193
b. 194
c. 195
509. Is an inquiry made by the duty prosecutor to
determine the legality of the arrest made especially d. 192
those arrests made without a warrant
a. custodial investigation 518. How may observer States are there in the United
b. inquest proceeding Nations?
c. preliminary investigation a. 2 → Vatican and Palestine
d. arraignment b. 3
c. 4
510. It is the power to apply the laws to contests or d. 5
disputes concerning legally recognized rights or duties
of and between the state and the private persons or 519. _________ marks the anniversary of the entry into
between individual litigants in cases properly brought
force in 1945 of the UN Charter.
before the judicial tribunals.
a. October 24
a. court power
b. legal power b. October 25
c. judicial power c. October 26
d. right power d. October 27

511. It has original exclusive jurisdiction over public 520. The headquarters of the United Nations is found
officers accused of committing crimes in relation to their in:
official functions and whose salary grade is 27 and a. Berlin, Germany
above. b. Paris France
a. Solicitor General Office c. New York City, USA
b. Public Attorney’s Office d. Geneva, Switzerland
c. Ombudsman

Amici Review Center Page 40

521. The UN Declaration of Human Rights was 1987 consitution was raitifed on February. 2, 1987
proclaimed by the UN General Assembly in Paris, France
on: 530. Human rights cannot be just taken away from an
a. December 10, 1945 individual such as freedom from torture.
b. December 10, 1946 a. inherent – we possessed it
c. December 10, 1947 b. inalienable
d. December 10, 1948 c. interdependent – useless if not applied to others
d. imprescriptible.
522. The UN Charter was ratified by the following:
a. China, France, the Soviet Union, the United Kingdom
and the United States
b. China, Germany, the Soviet Union, the United
Kingdom and the United States
c. China, France, the Soviet Union, the United Arab
Emirates and the United States
d. Japan, France, the Soviet Union, the United Kingdom
and the United States

523. There are how many main international human

rights?
a. 5
b. 6
c. 7
d. 8

524. What are the three most important human rights?

a. right to life, the right to health and the right to
freedom from torture
b. right to life, the right to health and the right to
freedom of religion
c. right to life, the right to a fair trial and the right to
freedom from torture
d. right to life, the right to health and the right to vote

525. The following are the 3 stages of Human Rights

except:
a. Idealization
b. Positivization
c. Realization
d. Cooperation

526. This law declared the effectivity of the creation of

the Commission on Human Rights on May 5, 1987.
a. E.O. No. 161
b. E.O. No. 162
c. E.O. No. 163
d. E.O. No. 164

527. He was the first chairman of the Presidential

Committee on Human Rights.
a. Jose W. Diokno
b. Jose B.L. Reyes
c. Haydee Yorac
d. William Claver

528. What particular provision of the Constitution which

mandates the creation of the Commission on Human
Rights?
a. Art. XIII, Section 17
b. Art. VII, Section 17
c. Art. VII, Section 13
d. Art. XIII, Section 13

529. Who was the President of the Constitutional

commission which drafted the 1987 Constitution?
a. Cecilia Munoz Palma →1st woman to be appointed in
the supreme court
b. Corazon Aquino
c. Haydee Yorac
d. Hilario Davide Jr.

Amici Review Center Page 41