Criminology Board Examination Reviewer Criminal Jurisprudence and Procedure PDF

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Seat no. : _______ Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila BOARD OF CRIMINOLOGY CRIMINOLOGISTS Licensure Examination Tuesday, August 5, 2005 08:00 a.m. 11:00 a.m. -----------------------------------------------------------------------------------------------------------...

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Seat no. : _______ Republic of the Philippines PROFESSIONAL REGULATION COMMISSION Manila BOARD OF CRIMINOLOGY CRIMINOLOGISTS Licensure Examination Tuesday, August 5, 2005 08:00 a.m. 11:00 a.m. -----------------------------------------------------------------------------------------------------------CRIMINAL JURISPRUDENCE AND PROCEDURE

SET B

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for each item by shading the box corresponding to the letter of your choice on the answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only. MULTIPLE CHOICE 1. Which of the following is a compound crime? A. A man fired his revolver twice in succession directed against two different persons, killing one person and the other; B. NONE of these C. Placing a time bomb in a plane, which cause it to explode in mid air killing 13 persons therein; D. The accused fired his Thompson sub machine gun at several persons. The first burst of shots hit three persons. The accused let loose a second burst of shots wounding 2 others. 2. When may a person be arrested without a warrant? A. When an offense has just been committed and the arresting officer or private person has probable cause to believe based on personal knowledge of facts or circumstances that a person to be arrested has committed it; B. All of these C. When the person to be arrested is a prisoner who has just escaped from a penal establishment, etc.; D. When in the presence of the arresting officer or private person, the person to be arrested has committed, is actually committing or is attempting to commit an offense. 3. Which aggravating circumstance generally, can be applied to all offenses like dwelling, recidivism, in consideration of price, reward or promise? A. Specific C. Qualifying B. Inherent D. Generic 4. A suspected arsonist was caught. Evidence showed that he poured gasoline under the house of another and was about to strike the match to set the house on fire when he was apprehended. What crime was committed, if there is any? A. Frustrated arson C. Attempted arson B. Consummated arson D. NONE of these 5. Which of the following crimes over which the Philippine laws have jurisdiction even if committed outside the country? A. Espionage C. Treason B. Piracy and Mutiny D. All of these 6. In filling a complaint or information, how is the real nature of the crime charged determined? A. Law specifically violated; B. Facts recited in the complaint or information; C. Title at the charge sheet; D. Evidences to be presented. 7. Which of the following is NOT true? A. In justifying circumstance, there is no civil liability except in causing damage to another in state of necessity; B. A person who acts by virtue of a justifying circumstance does not transgress the law because there is nothing unlawful in the act as well as the intention of the actor; C. NONE of these Criminology Board Examination Reviewer Criminal Jurisprudence and Procedure Glorio Ortega Dumandan, Jr., RCrim

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D. In exempting circumstance there is a crime but there is no criminal. 8. For a waiver of the rights of a person under custodial investigation to be valid, how must it be made? A. All of these B. Voluntarily, intelligently and knowingly; C. Waiver in writing; D. With counsel presence and assistance. 9. Which of the following is an exempted circumstance? A. An act done under the impulse of an uncontrollable fear of an equal or greater injury; B. An act done in obedience to an order by a superior for some lawful purpose; C. Having acted upon an impulse so powerful as to have naturally produced passion and obfuscation; D. An act done in fulfillment of a duty or in the lawful exercise of a right or office. 10. The legal duty of a prosecuting officer to file charges against whomsoever the evidence may show to be responsible for the offense means that ___________. A. NONE of these B. Prosecutor has no discretion at all; C. Prosecutor has all the discretion; D. Discretion in determining evidence submitted justifies a responsible belief that a person committed an offense. 11. Accused was convicted of Homicide on September 15, 1983. No appeal was made; judgment became final on October 1, 1983. He got his second conviction rendered on October 26, 1983 for Murder. He is called by law as a ____________. A. Hardened criminal C. Recidivist B. Habitual offender D. Habitual delinquent 12. Speedy Gonzales (SG), the accused saw a 28-year-old Ms. Jenny near the gate of her residence. Without a word, SG kissed Ms. Jenny on the cheek and basked softly his hands on to her left breast. No one saw the incident. In a minute, SG left Ms. Jenny, who got shocked and speechless. What crime did SG if any commit? A. Acts of lasciviousness C. Unjust vexation B. Attempted rape D. Seduction 13. Which of the following circumstances are considered mitigating? A. All of these B. Offender has no intention to commit so grave a wrong as that committed; C. Offender is over seventy (70) years old; D. Incomplete justifying and incomplete exempt service 14. Which is not a common requisite in justifying circumstances of self-defense, defense of relative and defense of stranger? A. NONE of these B. Unlawful aggression; C. Reasonable necessity of the means employed to prevent or repel it; D. The person defending be not induced by revenge, resentment, or other evil motive. 15. Which of the following is exempted from criminal liability? A. All of these C. Insane B. Imbecile D. Moron 16. What is that accusation made in writing charging a person with an offense, subscribed by the prosecutor and filed with the court? A. Counter affidavit C. Affidavit B. Information D. Complaint 17. Which among the following is NOT a requisite for evident premeditation and therefore should NOT be appreciated? A. One day meditation/reflection and offered reward to killer; B. Sudden outburst of anger C. Sufficient interval of time between time crime was conceived and actual perpetration; D. Time when offender planned to commit the offense. 18. Which of these is NOT a requisite of “avoidance of greater evil or injury?” A. That the injury feared be greater than the injury done to avoid it; B. That the means used to avoid the injury is lawful; C. That the evil sought to be avoided actually exists; D. That there be no practical or less harmful means of preventing it. 19. What is the period of prescription of crimes punishable death, reclusion perpetua or temporal? Criminology Board Examination Reviewer Criminal Jurisprudence and Procedure Glorio Ortega Dumandan, Jr., RCrim

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A. 15 years C. 20 years B. 5 years D. 10 years 20. Which one of the following does not belong to the group? A. Lack of skill C. Negligence B. Imprudence D. Intent 21. If Denia slapped Rica’s face in front of a lot of people in a party, what crime did Denia commit? A. Unjust vexation C. Physical injury B. Slander by deed D. Malicious mischief 22. _______________ are facts and circumstances that would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in place to be searched. A. Probable cause C. NONE of these B. Warrant of arrest D. Search warrant 23. Which is NOT a requisite before a court can validly exercise its power to hear and try a case? A. NONE of these B. It must have jurisdiction over the subject matter; C. It must have jurisdiction over the person of the accused; D. It must have jurisdiction over the territory where the offense was committed. 24. A’s superior officer fired him for no apparent reason. A lit a rag soaked with petroleum and placed it near the wooden wall of his office to get even. Only a small portion of the wall got burned because another employee put out the fire. What crime was committed by A? A. Frustrated arson C. Arson B. Attempted arson D. Consummated arson 25. When charges for offenses are founded on the same facts or that which form part of a series of offenses of the same character, the court may decide to: A. Decide to obviate delay by continuing proceedings; B. Set the cases for consolidated case raffle; C. Pursue separate trials; D. Consolidate trials. 26. Which of the following does NOT justify arrest without warrant? A. Continuing crime B. Arrest based on police suspicion C. Emergency doctrine D. Hot pursuit 27. This characteristic of criminal law is enounced in Article 366 of the Revised Penal Code: crimes are punished under the laws; in force at the time of their commission. A. Prospective C. Territorial B. General D. Preferential 28. When a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robberies, theft, estafa or falsification, if found guilty of any of the said crimes a third time or oftener, it is ______________. A. Quasi-recidivism B. Reiteration or habituality C. Habitual delinquency D. Recidivism 29. Can a private person have the right to break into a building? A. No, the right is accorded only to public officials; B. Yes, only if such breaking is necessary in making an arrest for a felony or to prevent the commission of the offense; C. No D. Yes 30. Which is the hearsay evidence rule? A. Witness can testify only to those facts derived directly confided to him; B. Witness cannot testify what he overheard; C. Witness is an expert testimony; D. Witness can testify only to the facts derived from his perception. 31. Which characteristic of criminal law is described by the following statement: criminal laws are undertaken to punish crimes committed in Philippine territory. A. General C. Prospective B. Preferential D. Territorial Criminology Board Examination Reviewer Criminal Jurisprudence and Procedure Glorio Ortega Dumandan, Jr., RCrim

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32. There are three types of criminal procedure: the accusatorial, the inquisitorial and what is the other type? A. Mixed C. Peculiar B. Secular D. Directorial 33. A public officer appropriating public funds and misappropriating public property are examples of what kind of an offense? A. NONE of these B. Malversation C. Possession of prohibited interest by a public officer D. Fraud 34. What will be the effect on the criminal liability of the accused who was sane when he committed the crime, but becomes insane at the time of the trial? A. He is exempt from criminal liability under paragraph 1 of Article 12 of the Revised Penal Code; B. He is still criminally liable but his trial will be suspended until his mental capacity will be restored to afford a fair trial; C. His criminal liability will be extinguished; D. NONE of these 35. When is jurisdiction over the person of the accused acquired? A. Some of these B. Upon his receipt of summons C. Upon his arrest D. Upon his voluntary appearance 36. What power promotes the public welfare by restraining and regulating the use of liberty and property? A. Law enforcement C. Eminent domain B. All of these D. Police 37. What is the effect of the death of the offended party in a criminal action of libel? A. No effect at all B. The criminal liability is partially extinguished; C. The criminal liability is extinguished; D. The criminal liability is not extinguished. 38. Which of the following statement is NOT true? A. In vindication, the grave offense must be made directly only to the person committing the felony; B. In vindication, the vindication of the grave offense must be proximate which admits of an interval of time between the grave offense done by the offender and the commission of the crime by the accused; C. In provocation, it is necessary that the provocation or threat immediately preceded the act, or there must be no interval of time between the provocation and the commission of crime; D. In provocation, the cause that brought about the provocation need not be a grave offense. 39. One of the two requisites of admissibility of evidence is when it is relevant to the issue and what is the other requisite? A. It observes continuity of rules; B. It is not excluded by the law; C. It multiplies admissibility chances; D. It has a heavy weight of evidence. 40. Who is exempt in all cases, from criminal liability? A. A person under nine years of age B. An insane C. An imbecile D. Some of these 41. Which is a form of slight physical injury in the list below? A. Maltreatment C. 3rd degree burn B. Loss of eye D. Mutilation 42. A 41-year-old man had a carnal knowledge with a 25-year-old woman who for reason of mental abnormality has a mental capacity of an 11 year old. However, the woman consented to such carnal act. What is the effect of such consent? A. There is mitigating circumstances Criminology Board Examination Reviewer Criminal Jurisprudence and Procedure Glorio Ortega Dumandan, Jr., RCrim

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B. Rape was committed C. There is aggravating circumstance D. There is no rape 43. Which of the following terms means resorting to any device to conceal identity? A. Disguise C. Craft B. NONE of these D. Fraud 44. Which of the following constitutes waiver of any irregularity attending arrest? A. Posting of bail B. Filling a petition for bail C. Entering a plea D. All of these 45. The law governing the Witness Protection, Security and Benefit Program is ________. A. R. A. 8551 C. R. A. 6981 B. R. A. 6975 D. R. A. 4864 46. B stabbed the victim, a 12-year-old girl and while already at the threshold of death, B raped her. What crime was committed? A. Murder C. Rape B. NONE of these D. Homicide 47. What is NOT an element of knowingly rendering unjust judgment? A. That the judgment is valid B. Offender is a judge C. That he render a judgment in a case submitted to him for decision D. NONE of these 48. How is accidental drunkenness appreciated as a circumstance in commission of offense? A. Exempting C. Mitigating B. Justifying D. Aggravating 49. Which of the following is a mitigating circumstance? A. Having acted upon an impulse so powerful as naturally to have produced passion and obfuscation; B. An act done in obedience to an order by a superior for more lawful purpose; C. An act done under the impulse of an uncontrollable fear of an equal or greater injury; D. An act done under the compulsion of an irresistible force. 50. Under the Local Government Code of 1991, what is the condition precedent that must be satisfied before the institution of a criminal action in court? A. Settlement has been repudiated B. Certification of no conciliation C. Confrontation between parties at the lupon level D. All of these 51. What is meant by a “demurrer to evidence”? A. Motion to inhibit C. Motion to deny B. Motion to dismiss D. Motion to postpone 52. Which among the following document is NOT a public document? A. Accomplished municipal form wit NO signature B. Deed of absolute sale duly notarized C. Marriage certificates that are Xeroxed D. Baptismal certificate 53. Who are considered persons in authority? A. Teacher C. All of these B. Policeman D. Barangay captain 54. What must evidence be in order to become relevant to the issue? A. Not be excluded by the rules B. Not be offensive to our senses C. Should not be contrary morals D. Have a direct bearing and actual connection to the facts in issue. 55. In which of the following offices should information be filed? A. Prosecutor C. Police B. Barangay D. Courts 56. What is that taking of person into custody so he can answer for the commission of the offense? A. Imprisonment C. Confinement B. Bail D. Arrest Criminology Board Examination Reviewer Criminal Jurisprudence and Procedure Glorio Ortega Dumandan, Jr., RCrim

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57. What shall a peace officer do if he is refused admittance into a building where the person to be arrested is believed to be in? A. Wait outside until the person to be arrested decides to leave the building; B. After announcing his authority and purpose, the peace officer may break into any building or enclosure where the person to be arrested is or is reasonably believed to be; C. NONE of these D. Leave the building and secure a court order to break into the building. 58. What is that system of criminal procedure where the detection and prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law? Resort is made to secret inquiry to discover the culprit and violence and torture were often employed to extract a confession. The judge is not limited to the evidence brought before him but could proceed with his own inquiry which is NOT confrontative. A. Mixed system C. Inquisitorial B. Accusatorial D. NONE of these 59. What is the best remedy of a person who is accused under a wrong name? A. Ignore the charge B. Enter a plea of NOT guilty C. File a motion to quash on the ground of lack of jurisdiction D. NONE of these 60. What is the rule in criminal law about doubts? A. Proven doubts should be resolved in favor of the defendant B. All doubts should be resolved in favor of the accused C. Verified doubts shall be resolved in favor of the accused D. A doubt duly annotated is resolved in favor of the accused. 61. What may be established by common reputation? A. NONE of these B. Individual moral character C. Verbal act D. Lifestyle 62. In the conduct of searches and seizure, what is the proper time in making the search? A. All of these B. It must be directed in the day time C. It musty be directed at any time if the day if property is in the place ordered to be searched D. It must be directed to be served any time of the day or night if the property is on the person. 63. _____________ is an act of grace proceeding from the power entrusted with the execution of laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime committed. A. Amnesty C. NONE of these B. Probation D. Pardon 64. In a fit of jealousy, Dovie set fire on the “Banana Republic” boxer shorts of her boyfriend, Fred. What crime did Dovie commit? A. Malicious mischief C. Slight physical injury B. Reckless imprudence D. Arson 65. What is the duty of the prosecutor when he is said to “direct and control” the prosecution of a criminal case? A. To submit himself to the wishes of the court B. To turn over the presentation of evidence C. To be physically present during the proceedings D. To impose his opinion to the trial court 66. Which among the following, best describes the moving power, which impels one to action for a definite result? A. Mala in se C. Motive B. Ignomita Facti Excusa D. Intent 67. Which ground for motion to quash is not waived even if NOT alleged? A. NONE of these B. Substantial non-conformity to the prescribed form C. Failure to charge an offense D. The officer who filed the action is not authorized. Criminology Board Examination Reviewer Criminal Jurisprudence and Procedure Glorio Ortega Dumandan, Jr., RCrim

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68. What are those circumstances that affect criminal liability because of the conditions, which make the act voluntary, or that negligence is wanting as an agent of the crime. A. Exempting circumstance C. Mitigating circumstance B. Justifying circumstance D. Aggravating circumstance 69. Which of the choices below is among the rights of the accused? A. All of these B. To have a speedy, impartial and public trial C. To be informed of the nature and cause of the accusation against him D. To be presumed innocent until the contrary is proved beyond reasonable doubt. 70. X, with the intention to kill O, loaded his gun and went to the house of O. He found him sleeping on his bed. He fired all the bullets at O, without knowing that three hours before, he died of cardiac attack. What crime did X commit? A. Intentional felony C. Murder B. Homicide D. Impossible crime 71. Grave abuse of confidence alleged in the information is what kind of aggravating circumstance? A. Generic C. Qualifying B. Inherent D. Specific 72. What is the basis of exempting a person from criminal liability under Article 12 of the Revised Penal Code? A. All of these B. Complete absence of intelligence C. Complete absence of freedom of action D. Complete absence of intent 73. What is the question, which arises in a case, the resolution of which is a logical antecedent of the issues involved in said case, and the cognizance o...