CLJ-Mock-Exam-1
What is the characteristic of criminal law which states that it is binding on all persons who live or sojourn in Philippine territory?
A.Generality
B.Territoriality
C.Prospectivity
D.Legality
Which of the following is NOT a source of Philippine Criminal Law?
A.The Revised Penal Code
B.Special Penal Laws
C.Presidential Decrees
D.Decisions of the Supreme Court
The stage of execution of a felony when all the elements necessary for its execution and accomplishment are present is called:
A.Consummated
B.Frustrated
C.Attempted
D.Proposed
A person who is under nine years of age at the time of the commission of the offense is considered:
A.Exempt from criminal liability
B.To have mitigated criminal liability
C.To have full criminal liability
D.To have diversified criminal liability
Which of the following is a justifying circumstance?
A.Self-defense
B.Passion or obfuscation
C.Voluntary surrender
D.Recidivism
An act done or an omission incurred which is the result of a constitutional impulse of a good or vicious nature is known as:
A.Praeter intentionem
B.Aberratio ictus
C.Error in personae
D.Dolo
What kind of penalty is it when the convicted person shall be required to live and not to enter the place or places designated in the sentence, nor within the radius therein specified, which shall not be more than 250 and not less than 25 kilometers from the place designated?
A.Reclusion perpetua
B.Reclusion temporal
C.Prision mayor
D.Destierro
Which of the following is a circumstance which aggravates criminal liability?
A.That the act was committed in consideration of a price, reward, or promise.
B.That the act was committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex.
C.That the act was committed with evident premeditation.
D.All of the above
What is the effect of the death of the convict as to pecuniary penalties?
A.Extinguished
B.Not extinguished
C.Suspended
D.Mitigated
What is a complex crime?
A.When a single act constitutes two or more grave or less grave felonies.
B.When an offense is a necessary means for committing the other.
C.Both a and b
D.None of the above
What is the rule on the application of penalties which contain three periods?
A.The court shall form a new penalty of three periods, the minimum period of which shall be the minimum of the new penalty.
B.The court shall form a new penalty of three periods, the maximum period of which shall be the maximum of the new penalty.
C.The court shall observe the rule for the application of the proper penalty, according to the presence or absence of mitigating and aggravating circumstances.
D.The court shall form a new penalty of three periods, the medium period of which shall be the medium of the new penalty.
What is the effect of the pardon by the offended party?
A.It extinguishes criminal liability.
B.It does not extinguish criminal liability.
C.It suspends criminal liability.
D.It mitigates criminal liability.
What is the effect of the pardon by the President?
A.It extinguishes criminal liability.
B.It does not extinguish criminal liability.
C.It suspends criminal liability.
D.It mitigates criminal liability.
What is the effect of prescription of the crime?
A.It extinguishes criminal liability.
B.It does not extinguish criminal liability.
C.It suspends criminal liability.
D.It mitigates criminal liability.
What is the effect of prescription of the penalty?
A.It extinguishes criminal liability.
B.It does not extinguish criminal liability.
C.It suspends criminal liability.
D.It mitigates criminal liability.
What is the period of prescription of crimes punishable by death, reclusion perpetua or reclusion temporal?
A.20 years
B.15 years
C.10 years
D.5 years
What is the period of prescription of crimes punishable by other afflictive penalties?
A.20 years
B.15 years
C.10 years
D.5 years
What is the period of prescription of crimes punishable by a correctional penalty?
A.20 years
B.15 years
C.10 years
D.5 years
What is the period of prescription of crimes punishable by arresto mayor?
A.20 years
B.15 years
C.10 years
D.5 years
What is the period of prescription of libels or other similar offenses?
A.1 year
B.2 years
C.5 years
D.10 years
What is the period of prescription of the crime of oral defamation and slander by deed?
A.6 months
B.1 year
C.2 years
D.5 years
What is the period of prescription of light offenses?
A.2 months
B.6 months
C.1 year
D.2 years
How are penalties classified?
A.According to their gravity.
B.According to their subject-matter.
C.According to their nature.
D.All of the above.
What are the accessory penalties?
A.Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, suspension from public office, the right to vote and be voted for, the profession or calling.
B.Civil interdiction, indemnification, forfeiture or confiscation of instruments and proceeds of the offense, payment of costs.
C.Both a and b
D.None of the above
What is the duration of the penalty of reclusion perpetua?
A.20 years and 1 day to 40 years.
B.From 20 years and 1 day to life imprisonment.
C.From 30 years and 1 day to 40 years.
D.Life imprisonment.
What is the duration of the penalty of reclusion temporal?
A.12 years and 1 day to 20 years.
B.20 years and 1 day to 40 years.
C.6 years and 1 day to 12 years.
D.6 months and 1 day to 6 years.
What is the duration of the penalty of prision mayor?
A.6 years and 1 day to 12 years.
B.12 years and 1 day to 20 years.
C.6 months and 1 day to 6 years.
D.1 month and 1 day to 6 months.
What is the duration of the penalty of prision correccional?
A.6 months and 1 day to 6 years.
B.1 month and 1 day to 6 months.
C.1 day to 30 days.
D.6 years and 1 day to 12 years.
What is the duration of the penalty of arresto mayor?
A.1 month and 1 day to 6 months.
B.1 day to 30 days.
C.6 months and 1 day to 6 years.
D.6 years and 1 day to 12 years.
What is the duration of the penalty of arresto menor?
A.1 day to 30 days.
B.1 month and 1 day to 6 months.
C.6 months and 1 day to 6 years.
D.6 years and 1 day to 12 years.
A, with intent to kill, shot B. B was not hit. What crime did A commit?
A.Frustrated homicide
B.Attempted homicide
C.Impossible crime
D.No crime
A, with intent to kill, shot B. B was hit but did not die. What crime did A commit?
A.Frustrated homicide
B.Attempted homicide
C.Impossible crime
D.No crime
A, with intent to kill, shot B. B died. What crime did A commit?
A.Homicide
B.Murder
C.Parricide
D.Infanticide
A killed his father. What crime did A commit?
A.Homicide
B.Murder
C.Parricide
D.Infanticide
A killed a newly born infant. What crime did A commit?
A.Homicide
B.Murder
C.Parricide
D.Infanticide
A, with intent to gain, took the personal property of B without the latter's consent. What crime did A commit?
A.Robbery
B.Theft
C.Estafa
D.Malversation
A, with intent to gain, took the personal property of B by means of violence against or intimidation of persons, or using force upon things. What crime did A commit?
A.Robbery
B.Theft
C.Estafa
D.Malversation
A, a public officer, appropriated public funds for his own personal use. What crime did A commit?
A.Robbery
B.Theft
C.Estafa
D.Malversation
A, with lewd designs, had carnal knowledge of a woman by means of force, threat, or intimidation. What crime did A commit?
A.Adultery
B.Concubinage
C.Rape
D.Seduction
A, a married woman, had sexual intercourse with a man not her husband. What crime did A commit?
A.Adultery
B.Concubinage
C.Rape
D.Seduction
A, a married man, had sexual intercourse with a woman not his wife under scandalous circumstances. What crime did A commit?
A.Adultery
B.Concubinage
C.Rape
D.Seduction
A, with lewd designs, had carnal knowledge of a woman who is a virgin over 12 and under 18 years of age, by means of deceit. What crime did A commit?
A.Adultery
B.Concubinage
C.Rape
D.Seduction
A publicly and maliciously imputed a crime, vice, or defect, real or imaginary, to B. What crime did A commit?
A.Libel
B.Slander
C.Intriguing against honor
D.Defamation
A publicly and maliciously imputed a crime, vice, or defect, real or imaginary, to B in writing or by similar means. What crime did A commit?
A.Libel
B.Slander
C.Intriguing against honor
D.Defamation
A publicly and maliciously imputed a crime, vice, or defect, real or imaginary, to B by oral expression. What crime did A commit?
A.Libel
B.Slander
C.Intriguing against honor
D.Defamation
A, without authority of law, arrested B and detained him. What crime did A commit?
A.Arbitrary detention
B.Illegal detention
C.Kidnapping
D.Unlawful arrest
A, a public officer, arrested B without legal grounds. What crime did A commit?
A.Arbitrary detention
B.Illegal detention
C.Kidnapping
D.Unlawful arrest
A, a private individual, locked up B in a room. What crime did A commit?
A.Arbitrary detention
B.Illegal detention
C.Kidnapping
D.Unlawful arrest
A took away a minor from his parents' custody. What crime did A commit?
A.Arbitrary detention
B.Illegal detention
C.Kidnapping
D.Unlawful arrest
A, with intent to gain, kidnapped a person for the purpose of extorting ransom. What crime did A commit?
A.Arbitrary detention
B.Illegal detention
C.Kidnapping and illegal detention
D.Kidnapping for ransom
A, without any authority therefor, knowingly and falsely represented himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government. What crime did A commit?
A.Usurpation of authority
B.Usurpation of judicial functions
C.Usurpation of legislative functions
D.Usurpation of executive functions
A, without being a member of the judiciary, represented himself to be a judge and performed any act pertaining to a person in authority or to a public officer. What crime did A commit?
A.Usurpation of authority
B.Usurpation of judicial functions
C.Usurpation of legislative functions
D.Usurpation of executive functions
A, not being a member of the legislature, represented himself to be a congressman and performed any act pertaining to a person in authority or to a public officer. What crime did A commit?
A.Usurpation of authority
B.Usurpation of judicial functions
C.Usurpation of legislative functions
D.Usurpation of executive functions
A, without being the President or a member of his cabinet, represented himself to be one and performed any act pertaining to a person in authority or to a public officer. What crime did A commit?
A.Usurpation of authority
B.Usurpation of judicial functions
C.Usurpation of legislative functions
D.Usurpation of executive functions
A, owing allegiance to the Philippines, levied war against her or adhered to her enemies, giving them aid or comfort within the Philippines or elsewhere. What crime did A commit?
A.Treason
B.Rebellion
C.Sedition
D.Coup d'etat
A, a public officer, rose publicly and took arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippines or any part thereof. What crime did A commit?
A.Treason
B.Rebellion
C.Sedition
D.Coup d'etat
A, without taking up arms or being in open hostility against the Government, incited others to the accomplishment of any of the acts which constitute sedition. What crime did A commit?
A.Treason
B.Rebellion
C.Inciting to sedition
D.Sedition
A, a member of the military or police, with or without civilian support, swiftly, publicly and through violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, seized or diminished state power. What crime did A commit?
A.Treason
B.Rebellion
C.Sedition
D.Coup d'etat
What crime is committed when a public officer agrees to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another?
A.Direct bribery
B.Indirect bribery
C.Qualified bribery
D.Corruption of public officials
What crime is committed by a public officer who shall accept gifts offered to him by reason of his office?
A.Direct bribery
B.Indirect bribery
C.Qualified bribery
D.Corruption of public officials
What crime is committed by a public officer entrusted with law enforcement who refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or reclusion temporal in consideration of any offer, promise, gift or present?
A.Direct bribery
B.Indirect bribery
C.Qualified bribery
D.Corruption of public officials
What crime is committed by any person who shall have given or promised to give any gift or present to a public officer?
A.Direct bribery
B.Indirect bribery
C.Qualified bribery
D.Corruption of public officials
What crime is committed by any public officer who, taking advantage of his official position, shall misappropriate, or shall consent or, through abandonment or negligence, shall permit any other person to take public funds or property of which he is accountable?
A.Malversation of public funds or property
B.Technical malversation
C.Estafa
D.Theft
What crime is committed by a public officer who shall apply any public fund or property under his administration to any public use other than that for which such fund or property were appropriated by law or ordinance?
A.Malversation of public funds or property
B.Technical malversation
C.Estafa
D.Theft
What crime is committed by any person who, with intent to defraud another, shall falsely pretend to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or shall make use of other similar deceits?
A.Malversation of public funds or property
B.Technical malversation
C.Estafa
D.Theft
What is the sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated?
A.Complaint
B.Information
C.Indictment
D.Arraignment
What is the accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court?
A.Complaint
B.Information
C.Indictment
D.Arraignment
In what court should a complaint or information be filed?
A.Any court
B.The court having jurisdiction over the offense charged
C.The Supreme Court
D.The Court of Appeals
What is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified?
A.Bail
B.Recognizance
C.Bond
D.All of the above
What is the taking of a person into custody in order that he may be bound to answer for the commission of an offense?
A.Arrest
B.Search
C.Seizure
D.Arraignment
What is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to arrest a person and bring him before the court?
A.Warrant of arrest
B.Search warrant
C.Subpoena
D.Summons
What is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court?
A.Warrant of arrest
B.Search warrant
C.Subpoena
D.Summons
What is the stage where the accused is brought before the court to plead to the charge contained in the complaint or information?
A.Arraignment
B.Pre-trial
C.Trial
D.Judgment
What is the plea of the accused when he admits the commission of the crime but interposes a justifying circumstance?
A.Guilty
B.Not guilty
C.Conditional plea of guilty
D.Plea of guilty to a lesser offense
What is the conference conducted by the court before the trial to consider matters that may aid in the prompt disposition of the case?
A.Arraignment
B.Pre-trial
C.Trial
D.Judgment
What is the examination before a competent tribunal, according to the laws of the land, of the facts put in issue in a cause, for the purpose of determining such issue?
A.Arraignment
B.Pre-trial
C.Trial
D.Judgment
What is the adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition on him of the proper penalty and civil liability, if any?
A.Arraignment
B.Pre-trial
C.Trial
D.Judgment
What is the remedy available to the accused to question the judgment of conviction?
A.Appeal
B.Motion for new trial
C.Motion for reconsideration
D.All of the above
What is the effect of an appeal?
A.It stays the execution of the judgment.
B.It does not stay the execution of the judgment.
C.It vacates the judgment.
D.It modifies the judgment.
What is a motion for new trial?
A.A motion to set aside the judgment and to have a new trial.
B.A motion to reconsider the judgment.
C.A motion to quash the information.
D.A motion to dismiss the case.
What is a motion for reconsideration?
A.A motion to set aside the judgment and to have a new trial.
B.A motion to reconsider the judgment.
C.A motion to quash the information.
D.A motion to dismiss the case.
What is the effect of a new trial?
A.The former judgment is vacated.
B.The former judgment is not vacated.
C.The former judgment is suspended.
D.The former judgment is modified.
What is the effect of a motion for reconsideration?
A.The former judgment is vacated.
B.The former judgment is not vacated.
C.The former judgment is suspended.
D.The former judgment is modified.
What is a search warrant?
A.An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to arrest a person and bring him before the court.
B.An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
C.A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition.
D.A process directed to a person requiring him to appear in court and answer the complaint or information.
What is a warrant of arrest?
A.An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to arrest a person and bring him before the court.
B.An order in writing issued in thename of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.
C.A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition.
D.A process directed to a person requiring him to appear in court and answer the complaint or information.
What is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact?
A.Evidence
B.Proof
C.Factum probandum
D.Factum probans
What is the result or effect of evidence?
A.Evidence
B.Proof
C.Factum probandum
D.Factum probans
What is the ultimate fact or the fact sought to be established?
A.Evidence
B.Proof
C.Factum probandum
D.Factum probans
What is the evidentiary fact or the fact by which the factum probandum is to be established?
A.Evidence
B.Proof
C.Factum probandum
D.Factum probans
What is that evidence which, if standing alone and uncontradicted, is sufficient to maintain the proposition affirmed?
A.Prima facie evidence
B.Conclusive evidence
C.Corroborative evidence
D.Cumulative evidence
What is that evidence which the law does not allow to be contradicted?
A.Prima facie evidence
B.Conclusive evidence
C.Corroborative evidence
D.Cumulative evidence
What is that evidence of a different kind and character, tending to prove the same point?
A.Prima facie evidence
B.Conclusive evidence
C.Corroborative evidence
D.Cumulative evidence
What is that evidence of the same kind and character, tending to prove the same point?
A.Prima facie evidence
B.Conclusive evidence
C.Corroborative evidence
D.Cumulative evidence
What is that evidence which is not excluded by the law on evidence?
A.Relevant evidence
B.Material evidence
C.Competent evidence
D.Admissible evidence
What is that evidence which has a tendency in reason to establish the probability or improbability of a fact in issue?
A.Relevant evidence
B.Material evidence
C.Competent evidence
D.Admissible evidence
What is that evidence which is directed to the question in issue, as to induce belief in its existence or non-existence?
A.Relevant evidence
B.Material evidence
C.Competent evidence
D.Admissible evidence
What is that evidence which is not excluded by the law or the rules?
A.Relevant evidence
B.Material evidence
C.Competent evidence
D.Admissible evidence
What is the rule which states that when the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself?
A.Best evidence rule
B.Parol evidence rule
C.Hearsay rule
D.Res inter alios acta rule
What is the rule which states that any evidence obtained in violation of the constitutional rights of a person shall be inadmissible in any proceeding?
A.Best evidence rule
B.Parol evidence rule
C.Hearsay rule
D.Exclusionary rule
What is the rule which states that a witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception?
A.Best evidence rule
B.Parol evidence rule
C.Hearsay rule
D.Res inter alios acta rule