FEBRUARY2025CLEFINALCOACHINGON CRIMINAL

LAW AND JURISPRUDENCE

Preparedby:[Link]/JoyGuarino

What is the primary role of a prosecutor

INTRODUCTIONTOCJS
during a preliminary investigation?
I. Explaintheroleandfunctionsoflaw
enforcement a. To determine the guilt of the
1. WhatpillarsoftheCriminal Justice Systemwhere respondent beyond a reasonable
justice is started, and the other pillars do not doubt.
function without it being started? b. To evaluate whether there
a. LawEnforcement issufficient evidence to
b. Prosecution establishprobable cause for filing a
c. Courts criminalcase.
d. Corrections c. To provide legal counsel to the
2. This criminal justice model is based on the accused.
idea that the most important function of the d. Toissue a warrant ofarrest against
CJS is the protection of the public and the the respondent.
repressionof criminal conduct.
7. Whenisaninquestproceedingconductedby a
a. CrimePrevention prosecutor?
b. CrimeControl a. Whenthesuspecthasbeenarrestedwi
c. Lawand Order thout a warrant
d. Due Process b. When the suspect voluntarily
3. Escapo, a bigtime prisoner of New Bilibid submits to a preliminary
Prison, escapes from the said penal investigation.
[Link] to c. Whenaprivatecomplainantfilesan
escape and succeeded in escaping. Who affidavit of complaint.
among the following could arrest him? d. When the accused is arraigned in
a. NBI agent court.
b. PDEA agent
c. BarangayPolice 8. Iftheprosecutorfindsnoprobablecause
d. BuCorCorrectionOfficer during a preliminary investigation, what
e. Alloftheabove should the prosecutor do?
a. Dismiss the complaint and
releasethe respondent.
(1.2)Roleofprosecutorintheadministrationof justice, b. File the case in court regardless of
specifically in conducting preliminary investigation lack of probable cause.
and inquest proceeding. c. Recommend the dismissal of the
complaint but forward it toa higher
authority for review.
4. Preliminary investigation is required in those d. Refer the case to the police for
criminalcaseswherethepenaltyprovidedby further investigation.
lawfortheoffensechargedis
. 9. He is responsible in evaluating the evidence
a. over 6 years the police have gathered and deciding
imprisonmentregardless of the whetheritissufficienttowarrantthefilingof
amount of fine charge(s) against the alleged violator.
b. less than 6 years imprisonment a. Investigator
irrespective of the amount of fine b. Judge
c. atleast4years,2monthsand1day of c. Prosecutor
imprisonment irrespective of the d. solicitor general – prosecutor for
amount of fine appellate cases; lawyer of the
d. atleast4years,2monthsand1day of government in case of litigation
imprisonment but depending on the
of the amount of fine
10. In cases committed by Public officer with
salary grade 27 and above in violation of Act
5. Thequestioninginitiatedbylawenforcement
3019, R.A. 1379 or Art. 210 to 212 of the
authorities after a person is taken into
Revised Penal Code a complaint should first
custody or otherwise deprived of freedom of
befiledtotheofficeofforthe conduct of the
action is .
required preliminary investigation.
a. Illegaldetention
a. Ombudsman
b. Arbitrarydetention
b. SolicitorGeneral
c. CustodialInvestigation
d. Preliminaryinvestigation

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 c. JudgeofMTC
d. Sandiganbayan

It exercises appellate jurisdiction over cases

11. After filing of complaint and affidavits of decided by MTC, MCTC, MeTC, MTCC.
witnessesbythepolice,complainantorpublic a. RegionalTrialCourt
officer in charge of the enforcement of the b. CourtofTaxAppeals
law alleged to have been violated, the next c. Ombudsman
step would be d. CourtofAppeals
a. Personal examination of affiants
bythe investigating prosecutor 16. Theoffenderis agovernmentemployeewith a
b. Preliminary action by investigating salary grade of lower than 27. The crime
prosecutor committed is in violation of RA 3019 or the
c. Dismiss the complaint if he finds no Anti-Graft and Corrupt as amended. The
cause to continue with the inquiry. [Link]
d. Issue subpoena to respondent court should have jurisdiction over the case?
requiringhimtosubmitacounter-
affidavit. a. MunicipalTrialCourt
b. SupremeCourt
(1.3) Hierarchyof courts andthe jurisdictionof trial c. CourtofAppeals
courts d. RegionalTrialCourt

12. Whichtypeofcasesfallsundertheexclusive 17. Thisdoctrinestatesthatacasemustbe filed

jurisdiction of the Municipal Trial Courts with the lowest court possible having the
(MTCs)? appropriate jurisdiction.
a. DoctrineofSeparationofPowers
a. Civil cases involving amounts b. DoctrineofPrimaryJurisdiction
exceeding PHP 2,000,000. c. DoctrineofHierarchyofCourts
b. Criminal cases punishable d. DoctrineofJudicialSupremacy
byimprisonment of not more than
6years.
c. Petitions for the annulment of (1.4)RoleandFunctionofBJMPandBuCor
marriage.
d. Appeals from decisions of quasi-
judicial agencies. 18. WhatistheprimaryroleoftheBureauofJail
Management and Penology (BJMP) in the
13. Whichofthefollowingcasesiswithinthe Philippines?
exclusivejurisdictionoftheRegionalTrial a. Tooverseethedetentionofinmates
Courts (RTCs)? serving sentences of more than
a. Smallclaimscasesinvolving three years.
amountsnotexceedingPHP b. Tomanageandsuperviseprovincial,ci
400,000. ty, and municipal jails for
b. Violationsofmunicipalordinances. inmatesawaitingtrialorservingsente
c. Criminal cases punishable ncesofthree years or less.
byimprisonmentofmorethan6years. c. To handle the reintegration of
d. Noneoftheabove released prisoners into society.
d. To conduct investigations of crimes
14. Ithasjurisdictionovercriminalandcivilcases committed within prison facilities.
involvinggraftandcorruptpracticesandsuch
other offenses committed by public officers 19. Corrections as pillar of CJS enters into the
and employees occupying the positions picture when the conviction of the accused
classifiedasSalaryGrade27,includingthose in has become final and executory. What
government-owned or controlled institution is charged with custody and
corporations,inrelationtotheirofficeasmay be rehabilitation of national offenders?
determined by law. a. BureauofCorrections
a. Sandiganbayan b. BureauofJailManagementand
b. Ombudsman Penology
c. RegionalTrialCourt c. ProvincialJails
d. CourtofAppeals d. PNPLock-upcells

Note: In cases where none of the accused are HUMANRIGHTS

occupying positions corresponding to Salary Grade
'27' or higher, as prescribed in the said Republic Act (2.1) Illustrate the concept of due process and
No. 6758, or military and PNP officers mentioned equalprotectionoflawsintheadministrationof justice.
above, exclusive original
jurisdictionthereofshallbevestedintheproper regional 20. Thisconceptsimplymeansthatbeforeaman
trial court, metropolitan trial court, municipal trial canbedeprivedofhislife,libertyorproperty, he
court, and municipal circuit trial court, as the case must be given an opportunity to defend
may be, pursuant to their respective jurisdictions as himself.
provided in Batas Pambansa Blg. 129, as amended.

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 a. InquestProceeding It can be made through a video
b. PreliminaryInvestigation recording without legal counsel.
c. Due Process d. It is valid as long as it is made
d. CustodialInvestigation voluntarily, even without
documentation.
21. It requires the intrinsic validity of the law in
interferingwiththerightsofthepersontohis life,
liberty, or property, and procedural due
processwhichconsistsofthetwobasicrights of (2.3)Usetherightagainstunreasonablesearch and
notice and hearing, as well as the seizure
guaranteeofbeingheardbyanimpartialand
competent tribunal. 27. PO2 Marco received a tip that Jake was
a. Due Process keeping marijuana plants. The information
b. SubstantiveDueProcess wasrelayedtotheChiefofPolice,whointurn
c. ProceduralDueProcess directed PO2 Marco to conduct surveillance.
PO2 Marco immediately went to the area,
d. EqualProtectionofthe Law
went up to the roof of the house, and found
22. Itrequiresthatall persons or things similarly twopotsofwhattheyidentifiedasmarijuana
situated should be treated alike, both as to plants. PO2 Marco decided to bring Jakeand
rightsconferredandresponsibilitiesimposed. the plants to the police station. Was the
Itspurposeistosecureeverypersonwithina seizure valid?
state’s jurisdiction against intentional and a. Yes, the seizure was incidental to a
lawful arrest
arbitrary discrimination, whether occasioned
b. Yes, the search of evidence was in
by the express terms of a statue or by its
plain view
improper execution through the state’s duly
c. Yes, the searchwaslawful.
constituted authorities.
d. No,thesearchandseizurewasunreas
a. Due Process
onable.
b. SubstantiveDueProcess
c. ProceduralDueProcess
d. EqualProtectionofthe Law
28. [Link],whatdidthe
Supreme Court rule regarding warrantless
23. What characteristics of human rights holds
searchesconductedafteratrafficviolation?
the right to life, dignity and personal
a. Theyarealwaysvalidifthe
development?
individual attempts to flee.
a. Universal
b. Theyarevalidifthetrafficviolation is
b. Environmental
punishable by imprisonment.
c. Natural
c. They are invalid if the
d. Political
trafficviolationdoesnotwarrantarr
est.
(2.2) Demonstrate the rights of the person under
d. Theyarealwaysinvalid,regardless
custodial investigation and anti-torture act in
of the circumstances.
conducting criminal investigation
NOTE:TheSupremeCourtruledthatatraffic violation,
24. The following are rights of persons arrested particularly one not punishable by
under custodial investigation, EXCEPT: imprisonment,doesnotjustifyawarrantless search. In
a. Righttobeassistedbycounsel Ridon v. People, the Court emphasized that without a
b. Informhisrightstoremainsilent lawful arrest,
c. To be allowed visits by or subsequentwarrantlesssearchesareinvalid.
conferenceswithanymemberofhis
immediate family, among others.
d. Right to decline
29. Intheabovecase,underwhatconditioncan a
custodialinvestigation
warrantless search be justified during a
25. UndertheAnti-TortureActof2009,whichof the traffic stop?
following isprohibitedduringa custodial a. If the officer has reasonable
investigation? suspicion of a more serious crime.
a. Offeringfoodandwatertothedetainee. b. Iftheindividualconsentstothesearch.
b. Physicalormentaltorturetoforceaco c. Ifthetrafficviolationinvolves
reckless driving.
nfession or extract information.
d. Iftheindividualfailstopresenta
c. Allowingfamilymemberstovisitthe
driver's license.
detainee.
d. Conducting the investigation in the
presence of legal counsel. NOTE: The Court noted that warrantless searches
26. Whatisrequiredforawaiverofrightsunder during traffic stops are generally invalidunless certain
custodial investigation to be valid? exceptions apply, suchas
a. Itcanbemadeorallyinthepresence of
theindividual'[Link],the absence
the arresting officer.
of consent or other justifying
b. Itmustbeinwritingandmadeinthepre circumstancesrenderedthewarrantlesssearch invalid.
sence of counsel.
c.

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 30. Duringacheckpoint,thepoliceofficersasked Whichofthefollowingactscanlimitfreedom of
the occupant of a car to roll their windows speech in the Philippines?
down, subjected them toa visual searchand a. Criticizingpublicofficialsfortheir
before letting them pass, hadthe driver step performance.
out of the vehicle and conducted a body b. Protestingpeacefullyinfrontof
[Link] government offices.
scenario? c. Incitingtoseditionorrebellion.
a. Since routine checkpoints are not d. Publishingdefamatoryarticlesabout
deemed illegal, succeeding body a private individual.
search is justifiable.
b. It was not considered illegal as the 34. Inwhichofthefollowinginstancesistheright
driver was the only one searched, against self-incrimination limited?
not the passengers.
c. It constitutes unreasonable a. Requiring the accused to testify in
searchas body search is prohibited court.
whenconducting checkpoints b. Requiring a witness to produce
unlessdeemed necessary. physical evidence unrelated to the
d. Search of moving vehicles includes crime.
all types of searches inside the c. Compelling the accused to
vehicle including its occupants, providefingerprints or DNA samples.
hence, the search is legal. d. D. Forcing the accused to answer
incriminating questions during
31. If a person being chased by the police for custodial investigation.
committingacrimeentersanotherhouse,can
the police still arrest them inside that house NOTE: The right against self-incrimination protects a
without a warrant? person from being compelled to
[Link],itdoesnot apply to
a. No, the police need to secure a physical evidence like fingerprints or DNA, as these
search warrant before entering the are considered non-testimonial evidence.
house.
b. Yes, the police can enter and 35. Whencantherighttoprivacyofapublic
arrestthe person under the hot figure be lawfully limited?
pursuitexception. a. Whentheyexpressopinionsina
c. No,enteringanotherhouseviolates private meeting.
thehomeowner’srighttoprivacy. b. Whenthematterinvolvestheirofficial
d. Yes, but only if the homeowner public duties.
consents to the arrest. c. Whentheirpersonallifeisunrelated to
their public role.
NOTE: Under the hot pursuit doctrine, police d. Whentheinformationisobtained
officerscanpursueandarrestapersonwhohas just without their consent.
committed a crime, even if the person enters another
house. The pursuit must be NOTE:Publicfigureshave areducedexpectation
continuousandimmediate,andthearrestmust be ofprivacyinmattersrelatedtotheirpublicroles and
based on probable cause that the person committed official functions, but their personal lives remain
a crime. This is an exception to the rule requiring a protected unless it directly relates to their public role.
warrant, as it balances the enforcement of law with
the exigency of the situation. However, abuse of this
doctrine can still be challenged in court. 36. WhichofthefollowingspeechactsisNOT
protected by the freedom of speech?
(2.4)Determinethelimitationsofthefollowing rights: a. Criticismofgovernmentpolicies.
privacy, freedom of speech and right against self- b. Peacefuladvocacyforpolicyreform.
incrimination. c. Publishing false information
thatincites panic.
32. Whichofthefollowingisalawfullimitation d. Expressing unpopular opinions on
ofthe right toprivacyunder the Philippine social media.
Constitution? NOTE:Freedomofspeechdoesnot protect acts like
spreading false information that may harm public
a. Surveillanceofprivateconversations safety or cause panic,asit can endanger national
without a court order. security or public order.
b. Warrantless searches in routine
traffic stops.
37. The right against self-incrimination has 2
c. Accessingpersonaldatafornationals
aspects namely:
ecurity purposes with
a. The right to refuse to take
judicialauthorization.
thewitnessstandandtherighttorefus
d. Forcing individuals to disclose
etoansweranincriminatoryquestion
personalinformationwithoutdue
b. The right to be silent and to be
process.
assisted by counsel
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 c. The right to speedy trial and Mario accidentally caused a fire that
arraignment destroyed his neighbor’s property while
d. The right to have independent carelessly burning garbage in his backyard.
counselandbepresentatanystage of Whichmodeofcommittingaelonyappliesto
the proceedings Mario’s actions?
a. Dolo(deceit)
(2.5) Determine judicial remedies of persons b. Culpa(fault)
whoserighttolifeandlibertyareviolated(Writ of Habeas c. Malainse
Corpus, Writ of Amparo, and Writ of Habeas Data) d. MalaProhibita
43. Our criminal law may be applied
38. What is the primary purpose of the Writ of extraterritorially which simply means that:
Habeas Corpus? a. Ourcriminallawmaybeenforcedby
another sovereign country
a. To compel the government to b. Our criminal law may be
produce documents regarding a applicableeven outside of our
person's private data. territory
b. To inquire into the legality of c. Foreigners here in our country may
aperson’s detention and order be charge for violation of our
theirrelease if unlawful. criminal law
c. To protect a person from threats to d. Those accused of crime may be
life and liberty caused by state arrestedevenoutsideofourterritory
actors.
d. Toprovideremediesforextrajudicial 44. Which of the following is NOT an element of
killingsandenforceddisappearances dolo (intentional felonies)?
a. Freedom
39. WhatdistinguishestheWritofAmparofrom b. Intelligence
other judicial remedies? c. Negligence
a. It is limited to cases involving d. Intent
property disputes. 45. ThePrincipleofGeneralityincriminallaw means
b. It protects against violations that:
orthreats to life, liberty, and a. Philippine criminal laws apply only to
security,particularly in cases of crimescommittedbyFilipinocitizens.
extrajudicialkillings and b. Philippinecriminallawsapplytoall
enforceddisappearances. persons who commit crimes within
the Philippine territory, regardless of
c. It is exclusively available for
nationality,subjecttocertain
individuals detained by public
exceptions.
officials.
c. Philippine criminal laws apply to
d. It provides remedies only for
crimes committed by Filipino
violations of privacy rights.
citizens abroad
d. Philippine criminal laws apply only to
crimes that affect the sovereignty of
40. WhatistheprimaryfunctionoftheWritof
the Philippines.
Habeas Data?
46. WhichofthefollowingpersonsisNOTcovered by
a. Tosecureaperson’simmediate the Principle of Generality?
releasefromunlawfuldetention. a. Aforeignerwhocommittedacrime
b. To compel the return of property within the Philippines.
unlawfully taken by the state. b. Amemberofthediplomaticcorpscom
c. To protect an individual’s right mittingacrimeinthePhilippines.
toprivacy by gaining access to c. A Filipino citizen committing a crime
orcorrectingpersonalinformationhel outside the Philippines.
dby the government or d. Astatelesspersoncommittinga
privateentities. crime in Philippine territory.
d. To provide a remedy for wrongful
NOTE: Diplomats are exempted under the
arrest by law enforcement officials.
ViennaConventiononDiplomaticRelationsand enjoy
diplomatic immunity.
41. Gidong was one of the victims of a drug-
relatedextra-legalkillings perpetratedbythe
47. Pedro,aFilipinocitizen,committedacrimeon
police officersofDavaoCity. Whatremedyis
board a Philippine ship docked in a foreign
appropriate to address specific violations or
port. Which principle applies to determine the
threatsofviolationoftheconstitutionalrights to
applicability of Philippine criminal law?
life, liberty, or security? a. PrincipleofGenerality
a. WritofAmparo b. PrincipleofTerritoriality
b. WritofHabeasCorpus c. PrincipleofNationality
c. WritofHabeasdata d. PrincipleofProspectivity
d. WritofKalikasan
NOTE: The crime was committed on board a
Book1 (3.1)Recallthedifferentcharacteristics of Philippineship,whichisconsideredanextension of
criminal law and the nature and elements of felony Philippine territory under the Revised Penal Code
including the concept of dolo and culpa, and the (Article 2).
plurality of crimes.
42. 48. The Principle of Prospectivity in criminal law
means:

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 a. Criminal laws are applicable to all Philippine authorities, since the
crimes committed before their crime occurred within their waters.
enactment. b. Canadian authorities, since
b. Criminal laws apply only to thecrime involves only the crew and
actscommitted after their isan internal matter.
enactment,unlessthenewlawisfavora
c. Both Philippine and Canadian
bletotheaccused.
authorities, depending on the trial’s
c. Criminal laws are enforceable only
location.
against foreign nationals committing
crimes in Philippine territory. d. Neither authority has jurisdiction
d. Criminallawscanbeapplied over this minor offense.
retroactively to any crime. 54. AforeignmerchantvesselanchoredinManila
49. UnderArticle3oftheRevisedPenalCode, BayviolatesPhilippineenvironmentallawsby
felonies are acts or omissions: discharging waste into the water. Under the
English Rule, who has jurisdiction?
a. Punishablebyspeciallaws,regardless
of intent or negligence. a. The foreign vessel’s flag state,
b. Punishable by the Revised because the violation occurred
PenalCode, committed either by aboard their ship.
deceit(dolo) or fault (culpa). b. Philippine authorities, because the
c. That are inherently immoral,
act violates local laws and affects
regardless of whether they are
territorial waters.
punishable by law.
c. The International Maritime
d. Special Complex Crime/Composite
Organization, due to the nature of
crimeThatarecommittedbypublic
the offense.
officers in relation to their official
d. Jointjurisdictionoftheflagstateand
duties.
Philippine authorities.
50. Which of the following crimes is classified as 55. AforeignwarshipfromCountryXaccidentally
mala prohibita? collides with a local fishing vessel while
a. Theftofamobilephone navigating through Philippine territorial
b. Illegalpossessionoffirearms [Link]
c. Murderofapublicofficial fishingvessel,andthePhilippinegovernment
d. Arsonofagovernmentbuilding demands an investigation. Under
international law, who has jurisdiction over
51. A murder is committed on a Japanese-
the foreign warship?
registered merchant ship while docked at a
a. Philippine authorities, because the
[Link]
collision occurred in Philippine
crime under the English Rule?
territorial waters.
a. The Japanese authorities, since the b. Country X authorities, because
ship is Japanese-registered. warships enjoy sovereign immunity
b. Philippine authorities, because even in foreign territorial waters
thecrime occurred within c. Both Philippine and Country X
Philippineterritorial waters. authorities, depending on mutual
c. Both Philippine and Japanese agreements.
authorities,dependingonthelocation d. The International Maritime
of the trial. Organization,becauseitinvolvesan
d. The United Nations, as it involves a international maritime incident.
foreign vessel.
52. A theft is committed aboard a German-
registeredmerchantvesselwhileitisdocked in 56. UnderArticle3oftheRPC,whichofthe following
Manila Bay. The theft involves only the crew, is NOT a requisite of a felony?
and no Filipino citizens are affected. a. Thereisanactoromission.
UndertheFrenchRule,whohasjurisdiction? b. The act or omission results in
harmto another person.
a. Philippineauthorities,sincethevessel
c. Theactoromissionispunishableby
is within territorial waters.
b. German authorities, since the law.
crimeinvolves only the vessel's crew d. Theactoromissioniscommitted with
anddoes not affect local citizens. deceit or fault.
c. Both Philippine and German 57. Itisdefinedashavinganinjuriousresultthat is
authorities, depending on their greater than that intended.
agreement. a. ErrorinPersona
d. Neitherauthority,asitinvolvesminor b. Praeter Intentionem
offenses. c. ActusReus
53. On a Canadian-registered merchant vessel d. MalaIn se
dockedinCebu,acrewmemberstealsanother
crew member’s belongings. The theft is
58. Howdoes a felony differ from a violation of a
discovered while still within Philippine
special law?
territorialwaters. Underthe French Rule, who
a. Felonies require intent ornegligence,
has jurisdiction?
while violations ofspecial laws do
a.
not require intentunless explicitly
stated.

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 b. Felonies apply only to acts In criminal law,whatistheother termfor
committed within Philippine negligence?
territory, while special laws apply a. Culpa
internationally. b. Dolo
c. Feloniesarepunishablebythe RPC, c. Prohibita
while special laws punish acts d. Reclusionperpetua
considered mala in se.
d. Felonies only cover crimes against 64. A man shoots a gun into the air during a
persons, while special laws cover celebration, intending only to make noise.
crimes against property. However, the bullet strikes and kills a
passerby.UnderArticle4,whatistheliability of
NOTE: Felonies under the RPC require dolo or culpa, the man?
while violations of special laws are typically mala a. He is liable for murder because the
prohibita and do not require intent unless specified. act caused a death.
b. He is liable for reckless imprudence
59. UnderArticle4oftheRPC,criminalliabilityis resulting in homicide because the
incurred: death was not intended.
c. He is not liable because he had no
a. Onlyforfeloniesthatresultininjury or intent to harm anyone.
damage to another person. d. Heis onlyliable forillegaldischarge
b. For all acts, whether intentional or of a firearm, not for homicide.
accidental, that cause harm. 65. Which of the following distinguishes an
c. For felonies committed even if impossible crime from an attempted crime?
thewrongful act's consequences a. Impossible crimes involve
aredifferent from what was inherentimpossibility or absence of
intended. theobject, while attempted
d. Onlyforintentionalfelonieswhere crimesinvolve overt acts that fall
all elements are present. short ofcompletion.
e. b. Impossible crimes result in harm to
60. UnderArticle 4, when is a person criminally an unintended victim, while
liable for unintended consequences of their attempted crimes do not result in
acts? any harm.
a. Whentheunintendedconsequencesa c. Impossiblecrimesarepunishedonly
re the direct, natural, and if the act is mala prohibita, while
logicalresult of the act. attemptedcrimesapplyonlytomala in
b. Whentheunintendedconsequences se.
occur,regardlessofanyintervening d. Impossible crimes always involve
factors. intentionalfelonies,whileattempted
c. Only when the unintended crimes involve negligent acts.
consequences result in death or 66. UnderArticle 4(1), criminal liability arises
serious physical injury. when the harm caused is the direct, natural,
d. Whentheunintendedconsequences and logical consequence of the unlawful act.
were unforeseeable. Which of the following examples
61. Whichofthefollowingscenariosconstitutes demonstrates this principle?
an impossible crime under Article 4(2)? a. A driver accidentally runs over a
a. Attempting to steal money from pedestrian due to faulty brakes
awallet that turns out to be empty. despite exercising due care.
b. Attempting to kill someone who b. A man hits another with a
survivesbecauseofpromptmedical stick,intendingonlytoinjurehim,butth
attention. evictim dies of an infection from
c. Attempting to burn down a house thewound.
but failing because the matchstick c. A person attempts to pick a locked
broke. drawerbutfailsbecausethedrawer
d. Attemptingtokillsomeonebutonly contains no valuables.
wounding them due to poor aim. d. Amanpushesanotherintoariver, but
the victim survives by swimming
62. PedrofiredagunatJuanintendingtokillhim, but to safety.
the bullet ricocheted and hit Maria, causing
her death. Under Article 4, is Pedro criminally 67. UnderArticle4(2),whatistheessenceof
liable for Maria's death? criminal liability for impossible crimes?
a. No, because he did not intend to a. The offender's act
harm Maria. demonstratesmalice or intent to
b. Yes, because Maria’s death is commit a
anatural consequence of crime,evenifthecrimecouldnotsucce
Pedro’sunlawful act. ed.
c. No,becausetheactresultedinharm to b. Theoffender'sactviolatesaspecific
a person Pedro did not target. provision in the Revised PenalCode.
d. Yes, but only for attempted murder c. Theoffender'sactcausesharmto
against Juan, not for Maria's death. another person, even
63. unintentionally.

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 d. Theoffender'sactalwaysinvolves Yes,becausetherewasconspiracy
physical impossibility. c. Yes, because when there is
68. Whatisconsideredanefficientintervening conspiracy, the act of one is an act
causethatabsolvesapersonfromcriminal of all.
liability? d. Yes because he is principal by
inducement,soheisliableforallthe
a. Asubsequentandindependentactth
acts of the principal by direct
at directly causes the
participation.
harm,completely unrelated to
73. Immediately after murdering Robert, James
theoffender's original act. [Link]
b. Theoffender'soriginalact,which toldhimtohideinthemaid’squarteruntilshe
indirectlycontributedtotheharm finds a better place for him to hide. After 2
caused to the victim. days,Jameswastransferredtoanapartment.
c. A continuous series of events Aweeklater,Jameswasapprehendedbythe
initiatedbytheoffender,leadingto police. What is the degree of participation of
the harm caused to the victim. James’ mother in the killing of Robert?
d. Apre-existingmedicalconditionof a. Principal by
thevictimthatworsensduetothe indispensable cooperation
offender’s act. b. Principalbydirectparticipation
c. Accomplice
69. Which of the following scenarios illustrates
d. Accessory
anefficientinterveningcausethatabsolves
74. WhichofthefollowingisNOTtrueabout
the offender from criminal liability?
conspiracy under the Revised Penal Code?
a. Adriverhitsapedestrian,wholater
a. Conspiracyexistswhentwoormore
dies due to the driver's failure to persons agree to commit a felony
bring the victim to the hospital. and decide to commit it.
b. A man shoots someone, but b. Conspiracy
thevictimdiesfromanaturalcalamit mustalwaysbeproventhrough direct
y(e.g., an earthquake) while evidence.
beingtreated in the hospital. c. When there is conspiracy, all
c. A suspect intentionally injures conspirators are liable as principals.
anotherperson,andthevictimdies d. A person who conspires but does
due to delayed medical attention. not physically participate in the
d. A suspect pushes someone into a executionofthecrimeisstillliable.
river,andthevictimdrownsdueto
NOTE:Conspiracycanbeproventhrougheither direct or
their inability to swim.
circumstantial evidence, as it is often inferred from
70. Under Article 4(1), a person may still be
the acts of the conspirators showing unity of
[Link] of
purpose and intent.
the following illustrates this principle?
a. Shootingatapersonthinkingheisane
75. Ina conspiracy, who is criminally liable for
nemy,butheturnsouttobeafriend.
the crime committed?
b. Attemptingtorobasafe,onlyto
a. Onlythepersonwhophysically
find that it is empty.
commits the criminal act.
c. Killingsomeoneusingatoygun, b. Onlythemastermindwhoplanned the
thinking it was loaded. crime.
d. Attemptingtocommitacrimebut c. Allthosewhoparticipatedintheplanni
stopping voluntarily. ngandexecutionofthecrime.
d. Only those who benefited from the
(3.2) Classify the participation of persons crime.
criminally liable for felonies including conspiracy 76. Suppose that in a Bigamy case, the second
and proposal spouse knew the existence of her spouse’s
marriage with the first wife. What is the
second wife’s criminal liability?
71. Zeno and Primo asked Bert to give them
a. PrincipalbyInducement
sketch of the location of Andy's house since
b. PrincipalbyDirectParticipation
[Link]
c. Accomplice
them sketch. Zeno and Primo drove to the
d. Principal by Indispensable
place and killed Andy. What crime did Bert cooperation
commit? 77. Juan,[Link]
a. Accomplicetomurder,sincehiscoope actedasthelookout,Juandrovethegetaway
ration was minimal. car,andMariaenteredthebankandtookthe
b. Accessory to murder, since his map money. Who among them is liable as a
facilitated the escape of the two. principal?
c. None, since he took nostep totake a. Only Maria, because she executed
part executing the crime. the crime.
d. Principal to murder, since he acted b. Only Pedro and Juan, because they
in conspiracy with Zeno and Primo. helped in the commission of the
crime.
72. A induces B to kill C. B killed C by means of c. All of them, because they acted in
treachery. Should treachery be appreciated furtheranceoftheircommondesign.
also against A, the principal by inducement? d. None of them, because no violence
a. Yes,ifhehasknowledgethatBkilledC was used during the robbery.
by means of treachery. 78. Conspiracyasamodeofincurringcriminal
liability under the RPC is:
b.

8|Page AMICIREVIEWCENTER
 a. Punished as a separate crime in all Persons who aid the felons to hide away
instances. evidenceorprofitfromthefruitsofthecrimes
b. Punished only when the are said to be.
lawspecifically provides for it. a. Principals
c. Automatically punished if the crime b. Accessories
is successfully carried out.
c. Accomplices
d. Not punishable if no overt act was
d. Conspirators
committed.
84. Whichofthefollowingisanexampleof implied
79. Whichofthefollowingistrueaboutan
accomplice under the RPC? conspiracy?
a. Anaccompliceactivelyparticipates in a. A group of people agree to rob a
the execution of the crime. bankandplanitsexecutionindetail.
b. Anaccomplicecontributestothe b. Two men attack a
commission of the crime before or victimsimultaneously without
during its execution without prioragreement.
participatingintheconspiracy. c. A person provides a gun to
c. An accomplice is considered a someone,knowingitwillbeusedfor
principal because of hisparticipation. murder.
d. Anaccompliceispunishedwiththe
d. A mastermind plans a crime and
same penalty as the principal. hires others to carry it out.
NOTE: Accomplices do not participate in the
NOTE: Conspiracy can be implied when the actions
planningordecision-makingbutassistinthe of the offenders show a common purpose and intent,
commission of the crime. even without prior agreement.

80. Whichof the following differentiates a 85. Whoamongthefollowingcanbeconsidered an

principal by direct participation from an accessory after the fact under the RPC?
accomplice?
a. A principal does not perform the a. Apersonwhodirectlyparticipatedin
criminal act, while an accomplice the crime.
does. b. A person who harbored or assisted
b. Aprincipaltakespartinthe theoffenderafterthecommissionof
executionofthecrime,whilean
the crime to help them escape.
accomplice provides indirect
c. Apersonwhoplannedthecrimebut
assistance.
did not execute it.
c. Aprincipalandanaccompliceare
punished equally under the law. d. A person who encouraged the
d. An accomplice conspires to commit commission of the crime before it
thecrime,whileaprincipaldoesnot. happened.

NOTE: Principals play a direct role in executing the 86. If several individuals conspired to rob a
crime, while accomplices assist without directly houseand,intheprocess,oneofthemkilled the
participating in the execution. homeowner, what is the liability of the
conspirators?
81. Valdesperformedallnecessaryactstosetthe a. Allareliableforrobberyonly,asthe
house on fire, but the fire was extinguished killing was not planned.
before any part of the house burned. b. Only the person who killed the
However,thejutesackand kerosene-soaked homeowner is liable for murder.
rag outside the house were burned. It were c. All are liable for robbery with
placed in a manner that could have burned homicide, as the killing was a
the house without timely intervention. What consequence of the robbery.
crime was committed by Valdes? d. Theliabilitydependsonwhodirectly
a. Attemptedmurder participated in the killing.
b. Frustratedarson 87. Conspiracy to commit felony is punishable
c. Attemptedarson only in cases in which the law specially
d. Arson provides a penalty therefor. Under which of
the following instances are the conspirators
82. Intod,armedwithafirearmandwithintentto kill, not liable.
positioned himself in front of Mr. a. Conspiracytocommitarson.
Palangpangan’s house, directly opposite the b. Conspiracytocommitterrorism.
latter’sbedroom,wherehehonestlybelieved c. Conspiracy to commit child
the supposed victim was located at that pornography.
moment. Intod wasted no time and riddled d. Conspiracy to commit trafficking
[Link] inpersons.
[Link],hewasabsentfromhis 88. Proposal to commit felony is punishable only
room at that moment as he was in another incasesinwhichthelawspeciallyprovidesa
city. Nobody was hit by the bullets fired by [Link]
Intod. What crime was committed by Intod? instances are proponents NOT liable?
a. Attemptedmurder a. Proposaltocommitcoupd'etat
b. Frustratedmurder b. Proposaltocommitsedition.
c. Nocrime c. Proposaltocommitrebellion.
d. Impossiblecrime d. Proposaltocommittreason.

83.

G|Page AMICIREVIEWCENTER
 (3.3.) Determine the stages of the Which of the following situations best
commission of felony and its classification illustrates the frustrated stage of a felony?
based on gravity, and the graduated scale of a. Apersonfiresagunatsomeonebut
penalties. misses completely.
89. WhichofthefollowingisNOTastage ofthe b. Apersonstabsanotherinthechest,int
commission of a felony under the RPC? ending to kill, but the victimsurvives
a. Attemptedstage due to immediate
b. Preparatorystage medicalintervention.
c. FrustratedStage c. Apersonplansarobberybutdecides
d. ConsummatedStage not to proceed.
d. A person steals a phone and
successfully takes it without being
caught.
90. Whenisafelonyconsideredtobeinthe
95. Whenisafelonyconsideredconsummated?
attempted stage?
a. When the offender plans and starts
a. When the offender begins
to execute the crime.
theexecutionofthefelonybutisunable
b. When all acts necessary to commit
to perform all the acts necessary
thecrimehavebeenperformed,and
toproduce the intended result.
the intended result is achieved.
b. Whentheoffenderhascompletedall
c. When the offender attempts to
the acts of execution but the felony
execute the crime but stops
is not produced due to causes
voluntarily.
independent of his will.
d. Whentheoffenderisarrestedbefore
c. When the offender commits all the
performingalltheactsofexecution.
acts necessary to produce the
96. WhichcrimeisconsideredasGRAVEFelony?
felony, and the intended result is
a. The crime committed has a penalty
achieved.
of imprisonment is at least 6 years
d. When the offender merely plans to
and 1 day.
commit the felony without taking
b. The crime committed has a penalty
any overt act.
ofimprisonmentofnotexceeding30
days
91. Inanattemptedfelony,theoffender's
c. Thepenaltyforthecrimecommittedis
preparatory act .
imprisonment of reclusiontemporal
a. Itselfconstitutesanoffense.
d. The crime committed has a penalty
b. Must seem connected to the
of imprisonment ranging from 30
intended crime.
days and 1 day to 6 years
c. Requires another act to result in
97. Which crime is considered as LESS GRAVE
afelony.
Felony?
d. Mustbenotconnectedtothe intended
a. The crime committed has a penalty
crime.
of imprisonment of at least 4 years
and 1 day
92. Whenarelightfeloniespunishable?
b. The crime committed has a penalty
a. Light felonies are punishable in all
ofimprisonmentofnotexceeding30
stages of execution.
days
b. Light felonies are punishable only
c. The crime committed has a penalty
when consummated.
of imprisonment ranging from 30
c. Light felonies are punishable
days and 1 day to 6 years
onlywhen consummated with
d. The crime committed has a penalty
theexception of those
of imprisonment of at least 6 years
committedagainst persons or
and 1 day
property.
d. Light felonies are punishable only 98. What is the key difference between the
whencommittedagainstpersons or attemptedstageandthefrustratedstageofa
property. felony?
a. Intheattemptedstage,theoffender
93. Cantherebeafrustratedimpossiblecrime?
a. [Link] by performs all the acts of execution,
reason of the inherent impossibility whileinthefrustratedstage,theydo
of its accomplishment, it is a not.
frustrated impossible crime. b. Intheattemptedstage,thefelonyis
b. No. there can be no preventedbyexternalfactors,while in
frustratedimpossiblecrimebecauset the frustrated stage, it is prevented
hemeansemployedtoaccomplishthe by the offender's voluntary
crimeisinadequate or ineffectual. desistance.
c. Yes, there can be frustrated c. Intheattemptedstage,thefelonyisinc
impossible crime when the act omplete, while in the
performed would be an offense frustratedstage, all acts of
against persons. execution
d. No. there can be no frustrated havebeenperformedbutthefelonyisn
impossible crime because the otaccomplished.
offenderhasalreadyperformedacts
for the execution of the crime.
94.

10|Page AMICIREVIEWCENTER
 d.
In the attempted stage, the Whenthemeansemployedto
offenderispunishedasaprincipal, prevent or repel the unlawful
while in the frustrated stage, they aggression are unreasonable.
are punished as an accomplice. c. Whenthereisunlawfulaggression,re
99. HowarefeloniesclassifiedundertheRPC asonable necessity of the
based on their gravity? meansemployed, and lack of
a. Lightfelonies,lessgravefelonies,gr sufficientprovocation.
ave felonies d. Whenthedefenderusesforceafter
b. Pettycrimes,seriouscrimes, the aggression has ceased.
heinous crimes 106. What is this justifying circumstance wherein
c. Misdemeanors,felonies,treason thepersonassaultedisrelatedtotheaccused by
d. Minorfelonies,intermediate consanguinity within the fourth degree?
felonies, capital felonies a. Defenseofrelative
b. Parricidedefense
100. Whichofthefollowingisconsideredalight c. Self-defense
felony under the RPC? d. Defenseofstranger
a. Slightphysicalinjuries 107. Intheexemptingcircumstanceofcompulsion
b. Seriousphysicalinjuries ofirresistibleforce,theirresistibleforcemust
c. Qualifiedtheft be in the form of .
d. Arson a. Intimidation
101. Whichofthefollowingisanexampleofa b. Physicalfear
grave felony? c. Physicalforce
a. Robbery d. Spiritualforce
b. Trespasstodwelling 108. Whichof the following is a valid instance of
c. Alarmsand scandal defense of a stranger?
d. Unjustvexation a. Whenapersondefendstheirsibling
102. Whatdistinguishesalessgravefelonyfrom a from an unlawful aggression.
grave felony? b. Whenapersondefendstheirspouse
a. Less grave felonies are punishable without any lawful reason.
by arresto menor, while grave c. When a person defends a
feloniesarepunishablebyreclusion randombystander against
perpetua. unlawfulaggression.
b. Lessgravefeloniesarepunishableb d. When a person retaliates against
y correctional penalties, someonewhohurtastrangerdays
whilegrave felonies are earlier.
punishable byafflictive penalties. 109. Accusedwas charged for homicide. He
c. Lessgravefeloniesarepunishable interposesthejustifyingcircumstanceofself-
byfinesonly,whilegravefelonies defense. In case, the burden of proof
involve imprisonment. a. shiftsto theaccused
d. Less grave felonies are always b. reststowhoeverpresentsthe
bailable,whilegravefeloniesare evidence
not. c. stillbelongstotheprosecution
d. upon the discretion of the court
103. Whichof the following light felonies is [Link] is this Justifying circumstance wherein
punishableevenwhenonlyattemptedor theaccused,inmakingthedefense,mustnot be
frustrated? induced by revenge or ill motive?
a. Theft a. Defenseofstranger
b. Treason b. Selfdefenseofrelative
c. Alarms&Scandal c. Defenseofrelative
d. Bribery d. Selfdefenseofstranger
111. Whichofthefollowingexemptsapersonfrom
criminal liability under the RPC?
a. Committingacrimeundervoluntary
(3.4) Apply the different circumstances
intoxication.
affecting criminal liability
b. Committingacrimeunderanirresistib
le force.
c. Committingacrimeduetomere
104. The illness of the offender must diminish the passion or obfuscation.
exercise of his willpower. What kind of d. Committingacrimeinimmediate
modifying circumstance is this? retaliation for a wrongful act.
a. ExemptingCircumstances
b. MitigatingCircumstances 112. The condition sine-qua non or indispensable
c. AlternativeCircumstances element in self defense.
d. JustifyingCircumstances a. Provocation
105. Whendoesself-defenseabsolveaperson b. Unlawfulaggression
from criminal liability? c. Reasonablenecessity
a. Whenthereisprovocationonthe d. Irresistibleforce
part of the aggressor. 113. [Link] the
child criminally liable?
b.

11|Page AMICIREVIEWCENTER
 a. Yes, because theft is punishable Theoffenderactedunderfearofan
under the law. imminent threat.
b. Yes, because minors can be d. The crime was committed in the
punished for property crimes. heat of passion.
c. No, because minors below 15
yearsold are exempt from 119. Deeply enraged by his wife's infidelity, the
criminalliability. husband shot and killed her lover. The
d. No, unless the minor acted with husband subsequently surrendered to the
discernment. police. How will the court appreciate the
mitigating circumstances of (i) passion or
114. To save himself from crashing into an obfuscation,(i)vindicatingofagraveoffense,
unlightedtruckabandonedon theroad,Jose and (i) voluntary surrender that the husband
swerved his car to the right towards the invoked and proved?
graveled shoulder, killing two bystanders. Is a. It will appreciate passion or
he entitled to the justifying circumstances of obfuscationandvoluntarysurrender
state of necessity? asonemitigatingcircumstancesand
a. No, because the bystanders had vindication of grave offense as
nothing to do with the abandoned another.
truck on the road. b. It will appreciate passion
b. No, because the injury done is orobfuscation and vindication of
greater than the evil to be avoided. agraveoffenseasjustonemitigatingci
c. Yes, since the instinct of self- rcumstance and voluntarysurrender
preservation takes priority in as another.
anemergency. c. Itwillappreciateallthreemitigating
d. Yes, since the bystanders should circumstances separately.
have kept off the shoulder of the d. It will appreciate the three
road. mitigating circumstances only as
115. Voluntary surrender can mitigate criminal one.
liability if:
120. A killed M. After the killing, A went to
a. The accused surrenders after being BarangayChairmanoftheplaceofincidentto
arrested. seek protection against the retaliation of M's
b. The accused voluntarily confesses relatives. May voluntary surrender be
during trial. appreciated as mitigating circumstances in
c. The accused surrenders favor A?
toauthorities voluntarily a. Yes. A surrender to the Barangay
andunconditionally. Chairmanwhoisapersonauthority.
d. The accused surrenders only after b. Yes. The surrender of A would save
the issuance of an arrest warrant. the authorities the trouble and
expense for his arrest.
116. Voluntary intoxication is considered a c. [Link]
mitigating circumstance when: mselftotheauthoritiesinordertoackn
owledgehisparticipationinthekilling
a. Itishabitualand chronic. or to save the authorities thetrouble
b. Itisaccidentalandnothabitual. expenses necessary for hissearch
c. The crime committed and capture.
is premeditated. d. No. The surrender to the Barangay
d. Theoffenderwasintoxicatedtogain Chairman is not a surrender to the
courage. proper authorities.
121. Inmalversationofpublicfunds,theoffender's
return of the amount malversed has the
117. Which of the following is a privileged following effect:
mitigating circumstance? a. Itisexculpatory.
b. Itisinculpatory,anadmissionofthe
a. Sufficientprovocationonthepartof commission of the crime.
the offended party. c. Itismitigating
b. Intoxicationthatisnothabitual. d. Theimposablepenalty willdepend on
c. Passionorobfuscationcausedbyan what was not returned.
unlawful act. 122. Relationship may be considered an
d. Minorityoftheoffenderwhoisabove1 aggravatingcircumstanceinwhichofthe
5butbelow18yearsofage. following cases?
a. Whenawifekillsherhusbandoutof
118. Whichofthefollowingisanaggravating self-defense.
circumstance? b. Whenasonrobshisfather.
c. When a wife steals moneyfrom her
a. Thecrimewascommittedduringnight husband.
time to facilitate the offense. d. Whenahusbanddestroyshiswife’s
b. Thecrimewascommittedina property.
crowded marketplace. 123. Intoxication may be considered an
c. aggravating circumstance if:

12|Page AMICIREVIEWCENTER
 a. The offender is voluntarily No, A is not a quasi-recidivist
intoxicated at the time of the because A should have served out
commission of the crime. his first sentence first prior to
b. Theoffenderbecomesintoxicatedas a conviction for the second offense.
result of being forced by another. 129. Recidivismexistswhen:
c. Theoffenderhasahabitofdrinkingto a. The offender commits a crime for
commit crimes. the first time.
d. The offender was drunk but later b. The offender commits a crime
regrets the crime. afterserving their sentence for
anothercrime embraced in the
124. Which of the following is true regarding same title.
mitigating and aggravating circumstances? c. Theoffendercommitsacrimewhile
a. A mitigating circumstance drunk.
cancelsout an aggravating d. The offender commits a crime
circumstance. unintentionally.
b. An aggravating circumstance 130. A, with intent to kill, entered the house of B
automaticallyincreases the penalty. and killed B. Here, .
c. Mitigating and aggravating a. homicideiscommittedaggravatedby
circumstancesdonotaffectcriminal dwelling
liability. b. there is trespass to dwelling
d. Aggravating circumstances only aggravated by dwelling
apply to heinous crimes. c. thereisonly trespasstodwelling
125. A qualifying aggravating circumstances d. nocrimewascommitted
a. Changes the description and
thenature of the offense 131. Whatistheeffectofmitigatingcircumstances
b. Increases the penalty to its next on penalties?
degree but absorbs all the other
aggravating circumstances. a. Theyincreasethepenaltybyone
c. Raises the penalty by two periods degree.
higher. b. Theyreducethepenaltybyonedegree.
d. Is one which applies only in c. Theyexempttheoffenderfrom
conjunction with another liability.
aggravating circumstance. d. Theyhavenoeffectonpenalties.
126. Acrimewascommittedinthedwellingofthe
offended party, without provocation. This
circumstance is: (3.5) Identifythe various mode ofextinctionof criminal
a. Amitigatingcircumstance. liability in a given scenario.
b. Anaggravatingcircumstance.
c. Ajustifyingcircumstance.
d. Analternativecircumstance. 132. A, B, and C, raped D. Each one of them had

127. Whichof the following situations involves their turn in raping D. Eventually, D married
superior strength as an aggravating A. Here, .
circumstance? a. Only A will benefit
a. Apersonambushestheirvictimwith a fromextinguishment of criminal
gun. liability
b. A group of men attack an b. A,B,andCwillallbenefitfrom
extinguishment of criminal liability
unarmedwoman.
c. Disprohibitedbylawfrommarrying
c. A person kills another during a bar
fight. any of her rapists.
d. Apersonkillssomeoneaftera heated d. Marriageofthevictiminrapewillnot
argument. affecttheoffender’scriminalliability
128. A was convicted by final judgment of theft. [Link]
While he was serving sentence for theft, he ofCandaftermorethan6yearsof
[Link] investigation,AdiscoveredthatBisthe perpetrator
charged with possession of dangerous drugs and is dead already. The wife of
underRA9165,andwasfoundguiltytherein. Is A C wanted to pursue the filing of the criminal
considered a quasi-recidivist? case. What advice can you give to the wife?
a. Yes, A is considered a quasi- a. That the death of B does not result
recidivist because he was serving to civil liability
sentence when he was found in b. That the death of B
possession of dangerous drugs absolutelyextinguishes the criminal
b. No,Aisnotaquasi-recidivistforthe liability
reasonthatoffenseforwhichhewas c. That the death of B does only
serving sentence is different from partially extinguishes the criminal
thesecondoffenseforwhichhewas liability
convicted anew. d. Noneoftheabove
c. No,Aisnotaquasi-
134. WhichcanextinguishABSOLUTEcriminal
recidivistforthereasonthatthesecond
offenseisnota felony or one which is liability?
punishableby the Revised Penal a. Parole
Code. b. ConditionalPardon
c. CommutationofSentence
d. d. Amnesty

13|Page AMICIREVIEWCENTER
 X committed unjust vexation on January 1,
135. Whenwillprescriptionofcrimestart? 2010. Unjust vexation is a light offense
a. Uponthediscoveryofthepolice punishable by 1 to 30 days of imprisonment.
b. Upon the discovery of the Immediatelyaftercommittingthecrime,your
complainant classmateadvisedXtogototheUSAandstay
c. Uponthediscoveryofthewitness thereinforafewmonthsoryearssothatthe
d. Uponthediscoveryofanyperson crime may prescribe. Was the advice legally
correct?
136. Xcommitted the crime of homicide a. Yes, because after the lapse of a
(punishable by reclusion temporal) on certaintimeinhiding,thecrimewill
December 25, 2010. On August 1, 2011, he prescribe.
wassentencedbytheRegionalTrialCourt to a b. No, because prescription of
maximum of twenty years imprisonment. crimedoes not run when the
OnJanuary1,2012,XescapedfromtheNew offender isabsent from the
Bilibid Prison and successfully hid from the Philippines.
authorities. On January 31, 2015, he was c. Yes,becausetheanswerisno.
apprehended at Dasmarinas Cavite. Please d. It depends if there is an extradition
give your comment. treaty between the Philippines and
a. XcanbesentbacktoBilibidbecause the USA.
the crime has not yet prescribed.
b. X can't be sent back to Bilibid 139. Xcommitted unjust vexation on January 1,
because the crime has prescribed. 2010. X is known by the authorities as the
c. XcanbesentbacktoBilibidbecauseth doerofthecrimeasearlyasJanuary1,2010.
e penalty has not yet prescribed. Unjust vexation is a light offense punishable
d. X can't be sent back to Bilibid [Link]
anymore because the penalty has after committing the crime, X went to Mt.
prescribed. [Link] only
after one year that X wasapprehended. Can X
NOTE: What is involved here is prescription of still be charged in court?
penalty, not prescription of crime. Therefore, a. Yes,becausehewasapprehended.
[Link] article 92, b. No, because the crime
Afflicted penalties, such as reclusion temporal, will hasprescribed.
prescribe in 15 years. The c. Yes,thecrimehasnotyetprescribed
countingof15yearswillstartfromthemoment of d. No, because the penalty has
escape from prison by the accused, that is January 1 prescribed.
2012. Since the accused was re- captured on
January 31,2015, the 15 years prescriptive period Reason: Unjust vexation is a light offense.
had not yet lapsed. AccordingtoArticle90,lightoffenseprescribes in two
months. Here, the accused was charged
137. Xcommitted the crime of homicide onlyafteroneyearfromthedateofthecrimeof its
(punishable by reclusion temporal) on discovery, hence, the crime has prescribed, Take
December 25, 2010. On August 1, 2011, he note that this involves prescription of crime and not
wassentencedbytheRegionalTrialCourt to a prescription of penalty
maximum of twenty years imprisonment.
OnJanuary1,2012,XescapedfromtheNew 140. The death of the accused extinguishes his
Bilibid Prison and successfully hid from the criminal liability but civil liability is not
authorities. On January 31, 2027, he was extinguished .
apprehended at Dasmarinas, Cavite. Please a. when the death of the accused
give your comment. occurred before conviction
a. XcanbesentbacktoBilibidbecause b. when the death of the accused
the crime has not yet prescribed. occurred after conviction and after
b. X can't be sent back to Bilibid he has perfected his appeal from
because the crime has prescribed. conviction
c. XcanbesentbacktoBilibidbecause c. when the death of the
the penalty has not yet prescribed. accusedoccurred after final
d. X cannot be sent back to judgment
Bilibidanymore because the penalty d. when the death of the accused
hasprescribed. occurredduringthependencyofhis
appeal
This involves prescription of penalty. According to Prescriptionofpenaltiesshallcommencetorun from
Article 92, reclusion temporal, being an afflictive the date when the culprit:
penalty, prescribes in fifteen years. Evadetheserviceofthesentence
Thecountingoftheprescriptiveperiodwillstart on
Itshallbeinterruptedifthedefendant:
January 1,2012, the date of escape of the convict.
 Shouldgive himselfup
The authorities had only until January 1, 2027 to
 Be captured
recapture the convict. Since he was
 Should go to some foreign country with which
recapturedonJanuary31,2027,thepenaltyhas already
has no extradition treaty (If walang extradition
prescribed. treaty, interrupted ang prescription)
138.  Or shouldcommit another crime beforethe
expiration of the period of the prescription

14|Page AMICIREVIEWCENTER
 141. Aperson convicted of theft has fully served
[Link] BOOK2 (CLJ4)
effect of this on their criminal liability? (4.1) Analyze the elements of crimes against
persons, specifically murder, homicide, parricide,
a. Thecriminalliabilityisextinguished. infanticide, rape, physical injuries, and illegal
b. Thecivilliabilityisalsoextinguished. discharge of firearms.
c. Bothcriminalandcivilliabilities
remain.
d. Criminalliabilityremainsuntilthe 148. One night, Anne, a married young woman,
offender applies for clemency. was sleeping when he felt a man on top of
142. WhichisNOTanabsoluteextinctionofcriminal [Link],soAnne
liability? [Link]
a. Death climax,themansaid,“Anne,[Link] not
b. Fullserviceofsentence your husband. I am Peter”. Anne got
c. ConditionalPardon [Link]
d. Amnesty [Link]-
defense/defense of honor?
143. Whathappenswhena crimeprescribes? a. Yes. Anne is the victim of unlawful
[Link] aggression here, unlawful sexual
happened. intercourse.
b. The offender is b. [Link]
permanentlyimmune from herhonorhadalreadyceasedatthe
prosecution. time of the shooting.
c. The crime can still be prosecuted if c. It depends if Peter would marry
the victim insists. Anne.
d. Theoffendermaystillbe heldliable if d. Yes. If Anne can show that she
found. locked the door of her house, it will
144. To be eligible for the grant of conditional negate negligence on her part.
pardon, what portion of the sentence must 149. Underthe above set of facts where Anne
have been served by a petitioner-prisoner? allowedamantohavesexwithher,thinking that
a. Atleastone fourthofthe maximum of he was her husband, the mitigating
his indeterminate sentence circumstance in favor of Anne, if he
b. Atleastonehalfofthemaximumofhis immediately killed Peter after the sexual
indeterminate sentence intercourse is
c. Atleastonefifthofthemaximumof his a. defenseofhonor
indeterminate sentence b. immediatevindicationofagraveoffen
d. Atleastonethirdofthemaximumof se
his indeterminate sentence c. incompleteself-defense
d. self-defense
145. Anoffender receives an absolute pardon
[Link] 150. JuankilledPedro,achildwhoisnotrelatedto him
criminal liability? and is under 12 years old. What crime was
a. Criminalliabilityisextinguished,butci committed?
vil liability remains. a. Murder
b. Both criminal and civil liabilities are b. Infanticide
extinguished. c. CattleRustling
c. Onlycivilliabilityisextinguished. d. Parricide
d. Criminalliabilityisextinguished,but
political rights are not restored.
151. Axel killed his illegitimate granddaughter,
146. What happens to the criminal liability of an Anna, 11 years old. What crime was
accusedwhohasbeenacquittedbythecourt? committed?
a. Murder
a. It is extinguished along with civil b. Infanticide
liability. c. CattleRustling
b. Criminalliabilityisextinguished,butci d. Parricide
vil liability may remain if based
onother sources of obligation. 152. The accused discharged his firearm while he
c. Criminal liability and civil liability was 200 yards away from the victim. The
remain. bullet did not reach the target since the
d. Civil liability is automatically [Link] the
extinguished regardless of firing was merely made to frighten the victim.
circumstances. What crime was committed?
147. Whathappensifthepenaltyimposedfora a. Attemptedhomicide/murder
crime prescribes? b. Illegaldischargeoffirearm
a. Thepenaltycanstillbe enforced. c. Alarmsand scandals
b. Thecriminalliabilityisextinguished. d. Nocrime
c. The penalty is reduced by one
degree. 153. Grace gave birth to a fetus with an
d. The offender must serve a different intrauterine life of less than 7 months, Grace
penalty.

15|Page AMICIREVIEWCENTER
 killedthefetuswithin24hoursfromits delivery. [Link]
Grace committed was a secluded “talahiban”. The husband
a. Infanticide suspected that the two had just performed
b. NoCrime sexual congress so he killed his wife and the
c. Parricide [Link],thehusbandis
d. Abortion a. criminallyliable
b. notcriminallyliable
Basis:Campanilla c. exemptedfromcriminalliability
d. noneoftheabove
If the victim (embryo or fetus) is killed inside the
maternal womb, the crime is abortion The husband is criminally liable because he did not
regardlessofwhetherheisviableornot(People vs. actually catch them in the act of sexual intercourse.
Paycana, G.R. No. 179035, April 16, 2008; People vs. In order to use the benefits of Article 247, The killing
Salufrania, G.R. No. L-50884, March 30, 1988). If the spouse must have witnessed actual sexual
victim is killed outside the maternal womb, the crime intercourse.
is either abortion if the victim is aborn-alive non-
viable fetus (People vs. Detablan, CA, 40 O.G. No. 9, p.
30); orinfanticide,ifthevictimisaborn-aliveviable infant 157. The husband saw his wife and another man
with a life of less than 3 days old(U.S. v. Vedra, G.R. having sex at around 6:00 pm. The husband
No. L-4779, November 20, 1908; People vs. Paycana, immediately chased the man to kill him, but
Jr., supra). the man was able to run away and escaped.
The husbandimmediatelyreturned home (at
around 7:00 pm), and upon seeing his wife
A fetus is viable if he can sustain a life independent climbing up the stairs killed her. Here, the
from the mother. A fetus with an intrauterine life of 6 husband committed the crime of .
months is not viable (People vs. Detablan, CA, 40 O.G. a. Murder
No. 9, p. 30; People vs. Paycana, supra). Thus, if the b. Homicide
intrauterine life of the fetus is more than 6 months, c. Parricide
he is considered as [Link], d. Death under exceptional
theviabilityofthefetusisnotsolelydependent on its circumstance
intrauterine life. Regardless of the duration of its
intrauterine life, an expert 158. Charlie and Lea had been married for more
assessmentofthedoctorontheviablecondition than 6 months. They live together with the
ofthefetusmustbegivenconsiderableweight. [Link]
hadsexualrelationwithJane,the14-yearold
daughter of Lea. Jane loves Charlie very
154.X got mad with his pregnant wife and struck much. What was the crime committed by
her with his fist. The woman died and the Charlie?
fetus was expelled. What crime was a. SimpleSeduction
committed? b. QualifiedSeduction
a. Complexcrimeofphysicalinjuries c. ConsentedAbduction
with unintentional abortion d. Rape
b. Complexcrimeofhomicidewith
unintentional abortion 159. Bravo, a sexual pervert, used his middle and
c. Complexcrimeofparricidewithuninte ring finger in penetrating the genitals of
ntional abortion Chery, his neighbor. What crime is there?
d. Abortiononly a. Somody
b. Nocrime
155. A suspected shoplifter who was arrested by c. Actsoflasciviousness
the police inside a grocery was immediately d. Rape
taken to a vacant lot adjacent to thegrocery
store and was immediately maltreated 160. The crimes of piracy and brigandage are
therein. This is . qualified and provided with greater penalties
a. maltreatmentofprisoner ifthiscrimeisalsocommittedontheoccasion
b. physicalinjuries [Link] is
c. attemptedmurder that?
d. abuseofauthority a. Robbery
b. Graveslander
Maltreatmentofprisonersunderarticle235will take c. Rape
place only if a victim is a “prisoner” in the d. Estafa
[Link],thevictimisnotyetaprisoner when he
was maltreated, hence, our answer is only “physical 161. XslappedthefaceofYwithoutthemotiveof
injuries” casting dishonor on Y. What crime was
committed?
a. SlightPhysicalInjuries
156. The husband saw/caught his wife rising up b. SeriousPhysicalInjuries
andputtingonherunderwearwhiletherewas a c. LessSeriousPhysicalInjuries
man who was a few meters awayfrom the d. Maltreatment

16|Page AMICIREVIEWCENTER
 162. Balmond and Layla arenot married and they public officer. If the public officer
have a child Alpha. During astorm, Balmond committed the act in his private capacity,
killed Alpha. What crime is committed by this crime is not committed.
Balmond?
a. Murder (4.2) Differentiate the crimes against property
b. Homicide specifically theft, robbery, brigandage, estafa and
c. Parricide malicious mischief and crimes against personal
d. Infanticide liberty specifically kidnapping and serious illegal
163. Dumonhadpreviouslyconsentedtohiswife's detention, unlawful arrest, threats and coercion.
relationship [Link],Dumon
was charged with double murder for the
deaths of Manuel Magbanua and Loreto 167. Whichofthefollowingconstitutestheft?
Magalona. Dumon mistakenly believed the a. Takingsomeone'spropertyopenly
couple to be his estranged wife and her and with violence.
alleged lover. Upon discovering them b. Taking someone's property
together, he shot and killed both individuals. secretlyand without consent.
Can Dumon invoke Art. 247 of RPC? c. Obtaining someone's property
a. Yes,becauseofhiswife’sinfidelity through false pretenses.
b. Yes, but mitigating circumstance d. Destroyingsomeone'spropertywith
because of passion or obfuscation malicious intent.
c. No, because Dumon had
previouslyconsented to his wife’s 168. Robberyisclassifiedasaggravatedwhen:
relationshipwith another man.
d. No,Art.247isavailableasadefense if a. Thestolen propertyisworthmore
crime was committed by the father. than PHP 250,000.
b. Itiscommittedinanuninhabitedplace
164. XslappedthefaceofYwiththeintenttocast or by a band.
dishonor, discredit, and contempt Y. What c. Itinvolvesdeceitorabuseof
crime was committed? confidence.
a. SlightPhysicalInjuries d. Theoffenderisbelow18yearsold.
b. SeriousPhysicalInjuries
c. Slanderbydeed 169. Whichisrequiredtoestablishthecrimeof
d. Maltreatment brigandage?
165. V A killed B while they were in mission to
planet Mars. What crime was committed by a. Theoffendersactedindividuallyin
the former? different locations.
a. Murder b. A group was organized for the
b. Homicide purposeofcommittingrobberyor
c. QualifiedHomicide kidnapping.
d. Nocrime c. Alargeamountofmoneyorproperty
was stolen.
166. A jailer inflicted injury on the prisoner d. Therewasnointenttocommitrobbery
because of his personal grudge against the or theft.
[Link] for
more than thirty (30) days. What is the 170. WhichactconstitutesestafaunderArticle 315
proper charge against the jailer? of the RPC?
a. The jailer should be charged with
maltreatment of prisoner and a. Secretlytakingpersonalproperty.
serious physical injuries. b. Forging documents to
b. The jailer should be charged defraudanother.
withserious physical injuries only. c. Breakingintoahousetotake property.
c. The jailer should be charged with d. Threateningsomeonetogiveup
complex crime of maltreatment of property.
prisoner with serious physical
injuries. 171. Whichof the following is not an element of
d. The jailer should be charged with malicious mischief?
maltreatment of prisoner only. a. The damage was
causedinadvertently
Maltreatment must relate to the correction b. Thedamagecauseddoesnotfall
or handling of a prisoner under his charge or within the provisions of arson
must be for the purpose of extortinga c. Theoffenderhascauseddamageto
confession, or of obtaining some the property of another
information form the prisoner. A jailer who d. Thedamagewascauseddeliberately
inflicted injuries on the prisoner because of
personal
grudgeagainsthimisliableforphysical 172. Kidnappingbecomesacrimeofseriousillegal
injuriesonly([Link],CA,54OG detention when:
6622;RPCbyLuisReyes).Maltreatment a. Thevictimisaminor.
ofprisonerisacrimecommittedbya

17|Page AMICIREVIEWCENTER
 b. The detention lasts more than 24 and with intent to gain. If the offender
hours. maliciouslydamagesthepropertybeforetaking
c. Theoffenderisapublicofficer. it,theactstillconstitutestheftasthedamageis
d. Thevictimisphysicallyrestrainedin incidental to the unlawful taking, provided no
an isolated place. violence or intimidation was used against a person.
173. Joshis a private individual who detained
Erwinfor a period of less than 3 days. Josh
[Link] (4.3) Apply the elements of other felonies
committed? specifically piracy (PD 532 and RPC), arbitrary
a. IllegalDetention detention, violation of domicile, assault, alarm and
b. UnlawfulDetention scandal, infidelity in the custody of prisoners, grave
c. SeriousIllegalDetention scandal, bribery
d. SlightIllegalDetention
174. Whatdistinguishesgravethreatsfromlight
threats? 181. Whenisarbitrarydetentioncommittedbya
a. Thevalueofthepropertyinvolved. public officer?
b. Thetypeofviolencethreatened.
c. Whetherthethreatamountstoacrime a. Whenapersonisdetainedwithoutaleg
al ground
d. Theidentityofthevictim.
b. Whenaprivateindividualdetains
175. Whatmakeskidnappingaggravated?
a. The victim is a government another without legal grounds.
employee. c. When a person is detained for less
than 24 hours.
b. Aransomisdemanded.
d. Whenavalidarrestismadebutthe
c. Theoffenderisarmed.
detainee is released early.
d. Thedetentionexceedsthreedays.
182. Ifthe offender is a public officer is vested
176. Aperson kidnaps a child and demands
ransom but releases the child unharmed. with power to arrest and detain and he
detainedapersonwithoutlegalgrounds,the
What crime was committed?
crime committed is
a. Kidnapping with serious illegal a. Unlawfuldetention
b. Illegaldetention
detention.
c. Arbitrarydetention
b. Kidnappingforransom.
d. Abduction
c. Gravecoercion.
183. Whichactconstitutesviolation ofdomicile?
d. Gravethreats
177. Athief ties up a store owner while stealing
a. A police officer enters a hous
money from the cash register. What crime is
e
committed?
withoutawarrantandagainstthe
a. Theft.
owner’swill.
b. Robbery.
b. Alandlordinspectsarentedproperty
c. Robbery with violence orintimidation.
without notifying the tenant.
d. Gravecoercion.
c. Apersonentersapropertyto retrieve
178. Apersonfindsalostwalletcontainingmoney
their belongings.
but decides to keep it despite knowing the
d. A public officer serves a warrant of
owner. What crime is committed?
arrest at night.
a. Theft.
b. Estafa.
184. Whatconstitutesinfidelityinthecustodyof
c. Maliciousmischief.
prisoners under the RPC?
d. Robbery.
a. A jail officer tortures a detainee
179. Qualifiedtheftoccurswhen:
under custody.
b. A jail officer permits a prisoner
a. Property is stolen by someone in
toescape.
aposition of trust or confidence.
c. A public officer unlawfully arrests a
b. Propertyistakenthroughviolenceor
person.
intimidation.
d. Apolice officerdetainssomeonefor
c. Agroupconspirestostealproperty.
less than 12 hours without a
d. Aminorcommitstheactoftheft.
complaint.
185. Whatconstitutesgravescandalunderthe
180. Whichcrime is committed when a person
RPC?
maliciouslydamagessomeone'spropertyand
a. Posting offensive remarks on social
then takes it with intent to gain?
media.
b. Performinggrosslyindecentactsinap
a. MaliciousMischief
ublic place that offend morals.
b. Theft
c. Engaginginaheatedargumentina
c. Robbery
public area.
d. QualifiedTheft
d. Violentlybreakingintosomeone’s
houseatnight.
NOTE:theftiscommittedwhenpersonal
186. VMoneylaunderinginvolvesthefollowing
propertyistakenwithouttheowner’sconsent
stages EXCEPT .
a. Integration
b. Placement

18|Page AMICIREVIEWCENTER
 c. Accumulation annulment case is pending, Carlo marries
d. Layering another woman. Can Carlo be charged with
187. AWhichofthefollowingconstitutesdirect bigamy?
bribery? a. Yes,becausehisfirstmarriageisstillv
aliduntiltheannulmentisgranted.
a. A public officer solicits money b. No,becausean annulment caseis
inexchange forperformingtheirduty. already filed.
b. A person offers a public officer c. No,becauseheintendedtoannul the
money, but the officer refuses. first marriage.
c. A public officer demands money to d. Yes, because Carlo should wait five
expedite the processing of a years after the annulment is filed.
document. 194. Teresamarries Albert, who claims he is
d. A person bribes another to testify single. After 10 years, Teresa learns that
falsely in court. Albert was already married before their
wedding. Can Teresa file a bigamy case
188. In searching domicile under Art. 130 of the against Albert?
RPC,ifownerofthehouseoranymemberof a. Yes, because Albert concealed
[Link] hisfirst marriage.
residing in the area are required in order to b. No, because Teresa acted in good
have a valid search? faith by believing Albert was single.
a. 3 c. No,becauseTeresawasunawareof
b. 2 Albert'smaritalstatusatthetimeof
c. 1 their marriage.
d. 5 d. Yes,becausethevalidityofTeresa’s
marriagedependsontheannulment
189. Whenispiracyconsideredqualifiedunder of Albert's first marriage.
the RPC? 195. Agroup of armed men hijacks a Philippine-
a. When committed in territorial registered cargo vessel in international
waters. waters, stealing goods and injuring several
b. Whencommittedbyanarmedband. crew members. What crime have the armed
c. Whenaccompaniedbymurder,homici men committed?
de, rape, or physical injuries. a. RobberywithViolence
d. Whentheoffendersareminors. b. Piracy
c. QualifiedTheft
190. Which of the following is NOT considered an d. Terrorism
act of grave scandal? 196. Armedindividualshijackapassengervessel
and commit acts of sexual assault and
a. Engaging in sexual acts in a public murder during the attack. What crime are
park. they liable for?
b. Hosting an indecent event in a. Piracy
aprivate venue with invited b. QualifiedPiracy
guestsonly. c. Robberywith Homicide
c. Walkingnakedina publicstreet. d. Kidnapping
d. Performing obscene gestures in a
crowded area. 197. Theaccused with lewd design brought the
(4.4) Compare the crimes against honor specifically womanwhoisaminorinasecludedplacebut
slander by deed and intriguing against honor and [Link]
crimes against chastity specifically concubinage, liable for the crime of .
adultery, seduction and abduction, including bigamy. a. Simpleseduction
b. Forcibleabduction
191. Whocanfileacomplaintforconcubinage c. qualifiedabduction
under the RPC? d. Consentedabduction
a. Anyrelativeoftheoffendedwife. 198. Pedromarries Carla in 2010. Without
b. Thewifeoftheoffendinghusband. obtaining an annulment or a declaration of
c. The State through the public nullity, Pedro marries Susan in 2015. Carla
prosecutor. files a bigamy case against Pedro after
d. Theconcubineherself. [Link]
e. guilty of bigamy?
192. Juanmarries Maria in 2015. In 2018, while a. Yes, because he entered into
still married to Maria, Juan marries another asecond marriage while the
woman, Anna, without obtaining a legal firstmarriage was still valid.
annulmentordeclarationofnullityforhisfirst b. No,becauseCarladidnotconsentto
marriage. What crime has Juan committed? the bigamy case being filed.
a. Adultery c. Yes, because Susan did not know
b. Concubinage about Pedro's first marriage.
c. Bigamy d. No, because Pedro can remarry
d. Fraud without annulment if separated for
193. Marissafilesfortheannulmentofher more than 5 years.
[Link]

1G|Page AMICIREVIEWCENTER
 199. Whichofthefollowingisrequiredto concubine. His wife discovers the
establish the crime of adultery? [Link] crime
a. The husband must consent to the has Juan committed?
relationship. a. Adultery
b. Proof that the wife engaged b. Concubinage
insexual intercourse with a man c. Bigamy
whois not her husband. d. ViolationofDomicile
c. Thewifemustlivewithanotherman 206. Anna,amarriedwoman,filesanadultery
continuously for at least 6 months. case against her husband, Luis, after
d. The husband must be separated discovering he is living with hismistress.
from the wife legally. Can Anna successfully file the case?
200. Which of the following constitutes acts of a. Yes,aslongasshecanprovethe
lasciviousness? extramarital relationship.
b. No,becauseadulteryappliesonly
[Link] displaying to married women, not men.
obscene gestures. c. Yes,ifshefilesthecasejointlywith her
b. Engaging in sexual intercourse children.
without consent. d. No, because concubinage is
c. Committing lewd acts against theproperchargeagainstherhusban
anotherperson’swill d.
d. Spreading explicit photos of 207. Maria’shusband accuses her of adultery,
someone without their consent. claimingsheisoftenseentalkingtoanother
201. Whatdistinguishesforcibleabductionfrom man. Can the husband file an adultery case
consented abduction? against Maria?

a. Theageofthevictim.
b. Theuseofdeceitversusforceorintimi
a. Yes,becausetalkingtoanotherman is
dation.
evidence of infidelity.
c. Whether the victim is a married or
b. No,becausethereisnoevidenceofsex
unmarried woman.
ual intercourse.
d. Whetherthevictimistakenfor ransom.
c. Yes, because Maria is married and
202. Whichofthefollowingelementsisrequired to
interacting with another man is
prove bigamy under the RPC?
suspicious.
a. The second marriage is performed
d. No, because adultery can only be
withtheconsentofthefirstspouse.
filed by a public prosecutor.
b. The accused contracted a
208. Marthadiscoversthatherhusbandhasbeen
secondmarriage while the first
cohabitingwithanotherwomaninaseparate
marriage isstill valid.
residence. WhatisrequiredforMartha tofile a
c. The accused obtained a legal concubinage case against her husband?
annulment before the second a. Proofofherhusband’sintentto
marriage. leavetheirmarriage.
d. The second marriage occurred b. Proof of cohabitation or
outside the Philippines. scandalousmaintenance of the
mistress.
203. Whatisthe keydifference between c. Writtenconsentfromthehusband.
concubinage and adultery? d. A barangay conciliation certificate.
(4.5)Recallthepunishableactsunderthefollowing
a. Concubinage requires sexual Special Penal Laws: Human
intercourse,whileadulterydoesnot. Trafficking, Terrorism, Hazing, Safe Space Act.
b. Concubinage is committed by
thehusband, while adultery 209. Whichofthefollowingconstituteshuman

iscommitted by the wife. trafficking under the Anti-Trafficking in

c. Adultery requires proof of Persons Act of 2003 (RA 9208)?
cohabitation, while concubinage a. Offering someone a legitimate job
does not. abroad.
d. Adultery can be filed by any b. Recruiting, transporting,
interested party, while concubinage orharboringapersonthroughfraudor
cannot. coercion for exploitation.
204. Maria,a married woman, engages in an c. Asking a family member to work
extramarital affair and is caught by her voluntarily without pay.
husbandinahotelroomwithanotherman. d. Providing temporary shelter to
What crime has Maria committed under someone without asking for
Philippine law? compensation.
a. Concubinage 210. Maria, a recruiter, promises several
b. Adultery [Link]
c. GraveScandal arrivalinanothercountry,therecruitsare
d. Bigamy forced to work in inhumane conditions
205. Juan,a married man, moves into a house without pay. What crime has Maria
withanotherwoman,maintainingherashis committed?
a. IllegalRecruitment
b. HumanTrafficking
c. Estafa

20|Page AMICIREVIEWCENTER
 d. IllegalDetention NOTE:TheAnti-HazingActof1995,asamended by RA
NOTE:UndertheAnti-TraffickinginPersonsAct, 11053, prohibits all forms of hazing involving
recruitingindividualsthrough fraudorcoercion for physical harm, regardless of the victim’s consent.
forced labor, slavery, or exploitation constitutes
human trafficking. 215. Whichofthefollowingisprohibitedunder
the Safe Spaces Act (RA 11313)?
a. Criticizingsomeone’sopinions
duringadebate.
211. Underthe Anti-Terrorism Act of 2020 (RA b. Catcalling,makingunwantedsexuala
11479),whichofthefollowingisconsidered an dvances, or groping someone in
act of terrorism? apublic place.
a. Peacefully protesting against c. Giving constructive feedback to a
government policies. colleague in a professional setting.
b. Destroyingpublicinfrastructurewitht d. Engaging in a consensual romantic
he intent to intimidate relationship at work.
thepopulation or destabilize 216. Whilewalking in a public park, Anna
thegovernment. experiences catcalling and sexual remarks
c. Publishing an article critical of from a group of individuals. She feels
government officials. threatened and reports the incident. What
d. Organizing a rally within the crime have the individuals committed?
boundaries of the law. a. GraveScandal
b. Gender-BasedSexualHarassment
NOTE:Under RA 11479, terrorism includes acts that
c. Slander
cause death, destruction, or harm to intimidate the
d. PublicDisturbance
public or destabilize the government. Peaceful
protests and criticisms
NOTE:TheSafeSpacesActprohibitscatcalling,
areprotectedbylawunlesstheyinciteviolence or terror.
unwanted sexual remarks, and other forms of
gender-based harassment in public spaces,
ensuring the safety and dignity of individuals.
212. Agroup of individuals plants explosives in a
public plaza with the intent to intimidate the
populationanddisruptgovernmentactivities. 217. Acriminal group recruits minors and forces
Nocasualtiesoccur,buttheexplosioncauses them to work in a sweatshop. They are also
fear among the public. What crime has been planning to carry out acts of violence to
committed? destabilize local government offices. What
a. AlarmandScandal crimes can be charged against the group?
b. Terrorism
c. GraveThreats a. HumanTraffickingandTerrorism
d. Arson b. HazingandGrave Coercion
NOTE: Under the Anti-Terrorism Act of 2020, c. SafeSpacesViolationandIllegal
actscausingdamagetopropertywiththeintent to Recruitment
intimidate the population or destabilize government d. AlarmandScandal
structures qualify as terrorism, regardless of
casualties. EVIDENCE (5.1)Recallimportantterminologies like
evidence, proof beyond reasonable doubt,
213. Whichact is punishable under the Anti- substantial evidence, preponderance of evidence,
Hazing Act of 1995 (as amended by RA equipoise of evidence, equiponderance of evidence
11053)?
218. Whatis the definition of evidence under
a. Conducting team-building activities Philippine law?
involving trust exercises.
b. Forcing neophytes to a. The conclusion derived from the
endurephysicalharmaspartofaniniti arguments of counsel.
ationrite. b. Any data or testimony submitted
c. Requiring participants to take an tothe court to prove the truth
oath of allegiance to an ofalleged facts.
organization. c. A witness's personal opinion about
d. Voluntary participation in a sports the guilt of the accused.
activity organized by the fraternity. d. The personal knowledge of the
214. John,a fraternity leader, organizes an judge about the case.
initiationwherenewmembersaresubjected 219. Whichofthefollowingdescribesproof
tophysicalharm as part ofthe rites. One of beyond reasonable doubt?
the neophytes suffers severe injuries. What a. Evidence sufficient to convince
crime has John committed? areasonablemindtoamoralcertainty
a. PhysicalInjuries of the guilt of the accused.
b. Hazing b. A suspicion that the accused might
c. GraveCoercion be guilty.
d. IllegalAssembly

21|Page AMICIREVIEWCENTER
 c. Evidence that tilts the scales of No,becauseJohnwasnotcross-
justice slightly in favor of the examined.
prosecution. b. Yes, because it is a
d. Thepresenceofapreponderanceof dyingdeclaration.
evidence against the accused. c. No,becauseJohndidnotsurvive to
testify.
220. Whatisthestandardofsubstantialevidence in d. Yes,becauseitisaresgestaestatemen
administrative cases in the Philippines? t.
227. Duringa trial for theft, the prosecution
a. Evidence that convinces the court introduces evidence that the accused
beyond any doubt. [Link]
b. Evidence that amounts to clear and this evidence be admitted?
convincing proof of guilt. a. Yes,becauseitprovestheaccused’s
c. Such relevant evidence as criminalpropensity.
areasonable mind might accept b. No,becausetheevidenceviolatesthe
asadequate to support a conclusion. principle of res inter alios acta.
d. Evidencethatslightlyoutweighsthat c. Yes,becauseitestablishesapattern
of the opposing party. of behavior.
221. Whichstandardofproofappliesincivil d. No,becausethepastcrimemustbe
cases in the Philippines? adjudicated first.
a. Proofbeyondreasonabledoubt. 228. Duringa trial for theft, the prosecution
b. Substantialevidence. attempts to call Juan’s wife, Maria, as a
c. Preponderanceofevidence. witness to testify about conversations she
d. Clearandconvincingevidence. overheard between Juan and his accomplice
222. Whathappensundertheequipoisedoctrine? planning the crime. Maria objects, citing the
marital disqualification rule. Can Maria be
a. The case is decided in favor of the compelled to testify?
party with less evidence. a. Yes,becausetheconversationswere
b. Thecaseisdismissedduetolackof not confidential.
evidence. b. No, because the
c. The case is resolved in favor of the maritaldisqualification rule prevents
partywiththeburdenofproofifthe aspouse from testifying against
evidence is evenly balanced. theother spouse.
d. Thecaseisdecidedagainstthepartywi c. Yes,becausetheruledoesnotapply in
th the burden of proof if criminal cases.
theevidence is evenly balanced. d. No, because Maria must testify
223. Whatdoesequiponderanceofevidencemean in voluntarily.
a judicial context? 229. Annafiles for annulment after discovering
a. Astatewhereevidenceforbothparties her husband, Leo, committed fraud. During
is equally strong. the fraud case, Anna seeks to testify about
b. Astandardrequiringproofbeyonda confidential conversations Leo had with her
reasonable doubt. [Link]
c. Thegreaterweightofevidence conversations in court?
favoring one party. a. Yes, because they are no longer
d. Clear and convincing evidence married.
supporting a claim. b. No, because the husband-and-
224. Theseare spontaneous and unplanned wifeprivileged communication
remarksmadebypersonsatthesceneofthe ruleapplies even after the
crime. marriageends.
a. ResGestae c. Yes, because fraud is a criminal
b. DyingDeclaration offense.
c. Hearsay d. No, because Anna was not a victim
d. Homicide of the fraud.
225. Mariawitnesses a robbery and exclaims, 230. Carlosis on trial for physically assaulting his
"That man in the red shirt just stole my wife,[Link]
bag!" A police officer hears her statement against Carlos. Can Lisa invoke the marital
[Link]’s disqualification rule to avoid testifying?
statement be admitted as evidence? a. Yes, because the marital
a. No,becauseitishearsay. disqualification rule applies to all
b. Yes,becauseitisadying cases.
declaration. b. No,becausetheruledoesnotapplyinc
c. Yes,becauseitispartoftheresges asesinvolvingcrimescommittedby
tae. one spouse against the other.
d. No,becauseitwasmadeoutside c. Yes, because Lisa must voluntarily
the courtroom. agree to testify.
226. John,after being stabbed, tells a police d. No, because Lisa has no legal
officer, "It was Mike who stabbed me." John grounds to refuse to testify in any
[Link] case.
statement be admitted as evidence?
a.

22|Page AMICIREVIEWCENTER
(5.2.)Identifyevidenceaccordingtoforms It must comply with the rules
ofevidence and not be excluded
231. Whichofthefollowingconstitutestestimonial bylaw.
evidence? c. Itmustcomefromacrediblewitness
with no prior criminal record.
[Link] providing d. It must be presented by the
verbalaccountsof what they saw prosecution, regardless of its
during the crime. relevance.
b. A photograph presented in court to 238. Whichof the following renders evidence
show the crime scene. inadmissible, even if it is relevant?
c. Asignedcontractsubmittedasproof
of agreement. a. Theevidencewasobtainedinviolation
d. Avideorecording oftheincident. of constitutional rights.
232. Whichofthefollowingisanexampleof b. Theevidenceisdirectlylinkedtothe
documentary evidence? fact in issue.
a. Aweaponusedinthecommissionof a c. The evidence was presented during
crime. the pre-trial proceedings.
b. Arecordedphoneconversation d. The evidence contradicts the
presented as evidence. testimony of other witnesses.
c. Aletterorcontractsubmittedtoprove 239. Theprosecutionpresentsa video recording of
a fact in issue. the crime but fails to establish when,
d. Awitnessdescribingtheeventsthey where,[Link]
observed. defense objects. Is the video admissible?
233. Whatisanexampleofrealorobject evidence? a. Yes,becausethevideoclearly
shows the crime.
a. Adigitalimage ofthecrime scene. b. No,becausetheprosecutionfailedt
b. Theweaponallegedlyusedinthecom o establish its competence
mission of a crime. andrelevance.
c. Atranscriptofcourtproceedings. c. Yes,becausevisualevidenceis
d. A written confession signed by the inherently reliable.
accused. d. No,becausevideorecordingsare
234. Evidencethat which, standing alone, inadmissible in criminal cases.
unexplained or uncontradicted, is the 240. Theprosecutionoffersanemailasevidence of
sufficient to sustain that proposition, it conspiracy in a cybercrime case. The
supports or establish the facts or to defense objects, arguing that the email was
counterbalance the presumptions of not properly authenticated. How should the
innocence to warrant a conviction. court rule?
a. Substantive a. Admittheemail,asitscontentis
b. Conclusive sufficient proof of conspiracy.
c. PrimaFacie b. Rejecttheemail,asitmustfirstbeaut
d. Cumulative henticated.
235. Theproofoffactsfromwhicheithersinglyor c. Admittheemail,becauseelectronic
collectively, the existence of a particular fact evidence is exempt from
in dispute may be inferred as a necessary or authentication.
probable consequence? d. Rejecttheemail,asemailsare
a. Material inadmissible in court.
b. Relevant 241. Theprosecution calls a lawyer to testify
c. Circumstantial aboutaconversationhehadwithhisclient
d. Direct regarding the crime. The defense objects,
citing privileged communication. Is the
(5.3.)Categorizethekinds/classesofevidence lawyer’s testimony admissible?
a. Yes,becausethecommunication
236. Whichofthefollowingisconsideredprimary relates to a crime.
evidence? b. No, because
communicationsbetweenalawy
a. Aphotocopyofacontractpresented in erandclientareprivileged.
court. c. Yes,becausethelawyerisboundto
b. The original signed disclose the truth.
contractsubmitted as evidence. d. No, because the lawyer was not
c. Awitnesstestifyingaboutthe underoathduringtheconversation.
contents of the contract. 242. Theprosecutionpresentsa photocopy ofa
d. Ahandwrittennotesummarizingthe contracttoprovetheaccused’sinvolvement in
terms of the contract. fraud. The defense objects, arguing that the
(5.4)Illustratetherulesofadmissibilityof evidence in original document must be presented.
general Should the court admit the photocopy?
a. Yes,becauseitissufficienttoprove
237. Whichofthefollowingis arequirementfor the content of the contract.
relevantevidencetobeadmissibleincourt? b. No, because the original
a. It must be material to the case and documentrulerequirestheoriginaldo
pertain directly to the main issue. cument.
b.

23|Page AMICIREVIEWCENTER
 c. Yes,becausethecontentofthe The document must be
document is not disputed. identifiedandauthenticatedbyawitne
d. No,becausephotocopiesare sswhocan prove its execution
always inadmissible. orgenuineness.
243. Duringtrial, a witness testifies, “I heard c. The document must be submitted
from Pedro that the accused confessed to directly tothe judge during the trial
thecrime.”Thedefenseobjects,citingthe withoutpriornoticetotheopposing
[Link]? party.
a. Yes,becauseitrelatestothe d. The document can be presented
accused’sconfession. anytime during the proceedings,
b. No,becauseitishearsay even after the formal offer of
c. Yes,becausePedroisnotavailable evidence.
to testify.
d. No,becauseitwasnotmadeunder [Link] thesufficiency ofevidence
oath.
244. Annaand Ben enter into a written contract
248. UnderPhilippine law, when is evidence
[Link]
thecarissold"asis."Duringadispute,Anna consideredsufficienttoconvictanaccusedin a
claimsBenorallypromisedtorepairthecar’s criminal case?
engine before delivery. Can Anna introduce
evidence of this oral promise? a. Whenitcreatesasuspicionthatthe
a. Yes,becauseitexplainstheterms of accused might have committed the
the written agreement. crime.
b. No,becausetheparolevidencerule b. When it establishes guilt
prohibits introducing oral beyondreasonable doubt and
agreements that alter a written convinces areasonable mind of the
contract. truth of thecharge.
c. Yes,becauseoralagreementsare c. When it shows a preponderance of
valid even if there is a written evidence against the accused.
contract. d. When it creates a balance of
d. No,becauseoralevidenceisnot probabilities favoring the
admissible in any case. prosecution.

(5.5)Explainthemannerofofferingofevidence and their

objections. CRIMPRO
(6.1)Comparethejurisdictionofcourts
245. Whenisawitnessconsideredofferedincourt
under Philippine law? 249. Whattype ofcases fallunder the
jurisdictionoftheSandiganbayan?
a. When the witness is included in the a. Civilcasesinvolvingfamilydisputes.
pre-trial list of witnesses. b. Administrative cases involving
b. Whenthewitnesstakesanoath violations of barangay ordinances.
before the court. c. Cases involving public officials
c. When the witness is formally accused of graft and corruption or
calledto the stand to testify. offenses related to their position.
d. Whenthewitnesscompletestheir d. Appeals from the Court of Tax
testimony and cross-examination. Appeals.
246. Whencanapartyobjecttothepresentation of 250. Aperson is charged with homicide, which is
evidence? punishable by reclusion temporal. In which
court should the case be filed?
a. Only after the evidence has been a. MunicipalTrialCourt(MTC)
admitted by the court. b. RegionalTrialCourt(RTC)
b. At any time during the trial, even c. CourtofAppeals
without stating the ground for d. Sandiganbayan
objection. 251. Acorporation disputes a tax assessment
c. Immediately after the evidence made by the Bureau of Internal Revenue
isoffered, specifying the ground (BIR)[Link]
forthe objection. court has jurisdiction over the case?
d. During the final argument of the a. RegionalTrialCourt(RTC)
case. b. CourtofTaxAppeals(CTA)
c. Sandiganbayan
5.6 Discuss the rules for presenting d. SupremeCourt
documentary evidence. 252. Ajournalistisaccused oflibelforpublishing
defamatorystatementsinalocalnewspaper. In
247. Which of the following is required for the which court should the case be filed?
properpresentationofdocumentaryevidence a. MunicipalTrialCourt(MTC)
in court under Philippine law? b. RegionalTrialCourt(RTC)
a. The document must be presented c. CourtofAppeals
without authentication to expedite d. Sandiganbayan
proceedings.
b.

24|Page AMICIREVIEWCENTER
 253. Ahigh-rankinggovernmentofficialischarged Theprosecutionmustprovetheguiltof
with graft and corruption for allegedly theaccusedbeyondareasonabledou
misappropriating public funds amounting to bt.
PHP 2 million. Which court has jurisdiction c. The accused must remain silent
over the case? throughout the trial to avoid self-
a. RegionalTrialCourt(RTC) incrimination.
b. MunicipalTrialCourt(MTC) d. Thejudgemayassumeguiltifthere is
c. Sandiganbayan circumstantial evidence.
d. CourtofAppeals 259. Duringatrialformurder,the judgemakesa
comment implying that the accused is guilty
254. Whatis the primary jurisdiction of the based on their prior record, even before the
Supreme Court in the Philippine judiciary? [Link] of
the accused has been violated?
a. It acts as a trial court for criminal a. RighttoaSpeedyTrial
cases punishable by reclusion b. RighttoDueProcess
perpetua. c. RighttobePresumedInnocent
b. Itreviewsdecisions,resolutions,andrul d. RighttoRemainSilent
ings of lower courts and quasi- 260. Theprosecution presents a witness who
judicial bodies. testifiesviaaffidavitbutdoesnotappearin
c. It hears and decides small claims court for cross-examination. The defense
cases and disputes involving objects, claiming the testimony should not
amounts less than PHP 400,000. be admitted. What right of the accused is
d. It handles disputes between being invoked?
barangay officials. a. RighttoCounsel
b. Righttoa FairTrial
(6.2.)Discussthefundamentalconceptsofcriminal c. RighttoConfrontWitnesses
procedure. d. RightAgainstSelf-Incrimination
261. Whatdoestherighttoconfrontwitnesses
entail for the accused?
255. Whereshouldacriminalactionbefiledunder a. Theaccusedcanpersonallycross-
Philippine law? examine the witnesses.
b. Theaccusedhastherighttohear
a. In the court where the accused and challenge the testimony of
resides. witnessesagainstthem.
b. Inthecourtnearesttothe c. The accused can prevent witnesses
complainant’sresidence. from testifying.
c. In the court where the offense d. Theaccusedcanrequirethecourtto
wascommitted. exclude witness testimony.
d. In the court with the highest 262. Duringthetrial,theprosecutioncompelsthe
jurisdiction, regardless of location. accusedtotakethewitnessstandandanswer
256. Whendoesthedoctrineofdoublejeopardy incriminating questions about the crime. The
apply in the Philippines? [Link]
a. When a person is charged with two being protected?
crimes simultaneously. a. RighttoRemainSilent
b. When a person is convicted of a b. RighttoDueProcess
crime and later charged with the c. RightAgainstSelf-Incrimination
same offense. d. RighttoaPublicTrial
c. When a person is acquitted
orconvictedbyacompetentcourtandl 263. Whatisthe scopeofthe accused’sright
aterchargedwiththesameoffense. againstself-incriminationduringtrial?
d. When a person is arrested multiple a. Theaccusedcannotbecompelledtote
times for the same crime. stify against themselves.
257. Provisionallydismissed cases with penalties b. The accused cannot be required to
of 6 years or less shall become permanent provide physical evidence such as
afteraperiodof fingerprints.
a. 1year c. The accused must refuse to answer
b. 2years all questions during trial.
c. 3years d. The accused cannot testify in their
d. 4years defense.
264. Duringthe arraignment, the accused is not
6.3 Determinerightsoftheaccusedduringtrial providedwithlegalcounselandispressured to
plead guilty without understanding the
258. Whatdoestherighttobepresumedinnocent charges. What right has been violated?
mean for the accused during a trial? a. RighttoDueProcess
b. RighttoCounsel
a. The accused must prove their c. RighttoaPublicTrial
innocence beyond a reasonable d. RighttoConfrontWitnesses
doubt.
6.4 Evaluate the procedure in the conduct of arrest
b.
(with or without a warrant) and of a search and
seizure.

25|Page AMICIREVIEWCENTER
 No,becausePedrodidnotconsent to
265. Whatis the duty of an arresting officer the search
immediately after making an arrest under 270. Carlosis arrested for drug possession.
Philippine law? During the arrest, the police frisk him and
[Link]
a. Detain the accused indefinitelyuntil seizure of the firearm valid?
the case is resolved. a. Yes, because the search
b. Bring the accused to the wasconductedincidenttoalaw
nearestpolice station without fularrest.
unnecessarydelay. b. No,becauseasearchwarrantis
c. Interrogate the accused to gather required to seize personal
additional evidence. belongings.
d. Inform the accused's family only c. Yes,becausethepolicecanseize
after filing formal charges. any item during an arrest.
266. ApoliceofficerseesJuanbreakingintoacar and d. No, because the firearm is
immediately arrests him without a warrant. Is unrelatedtothedrugpossession
this arrest valid? charge.
a. Yes, because Juan was caught 271. A robbery suspect flees into a neighbor’s
inflagrante delicto (in the act [Link]
ofcommitting the crime). house without a warrant and arrest the
b. No, because the officer must first [Link]
secure a warrant before making an valid?
arrest. a. Yes,becausethesuspectwasp
c. Yes,becausebreakingintoacarisa ursuedimmediatelyafterthecri
public offense. me (hot pursuit).
d. No, because the officer must b. No, because entering another
observethecrimeforalongerperiod person’shomerequiresasearch
before acting. warrant.
c. Yes,becausethepolicecanenter
any home during an arrest.
267. Whichofthefollowingisalawfulexceptionto the d. No,becausethesuspectwasnot
requirement for a search warrant under caught in the act.
Philippine law?

a. Searching a person’s home after 272. Whichofthefollowingisadutyofanofficer

receiving a verbal tip about illegal during the conduct of a lawful search and
activities. seizure in the Philippines?
b. Conducting a search of a vehicle at
apolicecheckpointwithnoprobable a. Enter the premises immediately
cause. upon receiving information of a
c. Seizing contraband in plain crime, even without a warrant.
viewduring a lawful arrest. b. Ensurethatthesearchisconducted
d. Searchingasuspect’sphonewithout in the presence of the lawful
theirconsentduringaroutinetraffic occupantortheirrepresentative.
stop. c. Confiscate all items found in the
268. Apolice officer asks Maria to open her bag premises,regardlessofrelevanceto
for inspection at a checkpoint. Maria the search warrant.
consents, and illegal drugs are found inside. d. Prevent the owner from witnessing
Can the evidence be used against Maria? the search to avoid interference.
a. Yes, because Maria 6.5 Illustrate the procedure in filing of cases,
voluntarilyconsented to the search. conducting PI and IP, including barangay justice
b. No,becausesearchesatcheckpoints system
are inherently unlawful.
c. Yes,becausecheckpointsallow 273. Whatisthefirststepinfilingacriminalcase in
unrestricted searches. the Philippines?
d. No,becausethesearchviolated a. The complainant must immediately
Maria's right to privacy. file the case in court.
269. Thepolice arrest Pedro at his home based b. The complainant must file
on a warrant issued for robbery. During the acomplaint-affidavit with
arrest, they search his home without a theprosecutor's office
[Link] c. The complainant must present
the search valid? evidence directly to the judge.
a. Yes,becausethepolicehadan d. The complainant must secure a
arrest warrant. search warrant before filing the
b. No,becauseaseparatesearchw case.
arrant is required to 274. Mariafiles a complaint against Carlos for
searchPedro’s home. [Link],
c. Yes,becauseallsearchesrelatedto Carlos submits a counter-affidavit denying
an arrest are lawful. the allegations. What is the purpose of the
preliminary investigation?
d.

26|Page AMICIREVIEWCENTER
 a. To determine the guilt of the Whentheevidenceofguiltisstrong,
accusedbeyondreasonabledoubt. and the offense is punishable by
b. Todecidewhetherthereisprobableca reclusion perpetua.
use to file the case in court. c. When charged with an
c. Tocompeltheaccusedtopay offensepunishable by imprisonment
damages to the complainant. lowerthan reclusion perpetua or
d. Toresolvethecasewithoutthe lifeimprisonment, or if the evidence
need for a trial. ofguilt is not strong.
275. Markis arrested without a warrant for d. When a case is pending in the
robberyandbroughttotheprosecutor’s Supreme Court.
office for an inquest proceeding. The 280. Mariais arrested for a bailable offense and
arrestingofficersubmitsevidencebutfailsto filesforbailimmediatelyafterherdetention.
establish probable cause. What should the TheprosecutorarguesthatMariashouldnot
prosecutor do? bereleasedbecauseshemightinfluencethe
a. OrderMark’sreleaseand dismiss [Link]
the case. deciding Maria's application for bail?
b. Filethecaseincourtimmediately. a. The personal opinion of the
c. Order the police to continue prosecutoraboutMaria'scharacter.
detainingMarkwhiletheygather b. Thesufficiencyofevidenceofguilta
more evidence. ndthelikelihoodofMariafleeing.
d. Transferthecasetoabarangayfor c. ThewillingnessofMariatoplead
resolution. guilty.
276. Carlosand Ben failtoreach an agreement d. ThetimeMariahasspentin
during barangay mediation regarding a detention.
[Link] 281. DuringJuan’s arraignment, he refuses to
step for Carlos if he wants to pursue the [Link]
case? should the court do in this situation?
a. Fileacriminalcomplaintdirectlyin a. Proceedwiththetrialwithouta
court. plea.
b. Requestapreliminaryinvestigation b. Enterapleaof"guilty"onJuan’s
from the prosecutor. behalf.
c. Obtainacertificationtofileactionfr c. Enteraplea of"notguilty"on
om the barangay. Juan’sbehalf.
d. Proceedtoinquestproceedingsfor d. Orderamistrialandremandthe
resolution. case for reinvestigation.
277. Whichcases must first undergo the 282. Theprosecutor and the defense attorney
barangayjusticesystembeforeproceeding [Link] not
to court? an allowable outcome of this stage?
a. Criminal cases punishable by a. Pleabargainingwheretheaccused
imprisonment of more than 1 year. agrees to plead guilty to a lesser
b. Criminal cases punishable offense.
byimprisonment of 1 year or less b. The marking of documentary
c. Allcriminalcases,regardlessof evidenceforidentificationduring
penalties. trial.
d. Casesinvolvingpublicofficialsacting c. The dismissal of the case
in their official capacity. basedsolelyonthedefendant'stestim
278. VWhatistheprimarypurpose ofaninquest ony.
proceeding under Philippine law, and what d. Theresolutionofstipulationsoffact
steps are involved? and other procedural agreements.
a. To determine the guilt of the
arrested person and immediately 283. Whathappensduringthearraignmentstage of
issue a court decision. a criminal proceeding?
b. To decide whether the
warrantlessarrest and the evidence a. The court decides on the guilt or
presentedjustify the filing of innocence of the accused.
criminal chargesin court. b. The accused is formally informed
c. To allow the accused to cross- ofthechargesagainstthemandenters
examine witnesses and submit a plea.
counter-affidavits. c. The prosecution and defense
d. To release the arrested person present their evidence.
immediately if no probable cause is d. The case is referred to the pre-trial
found, without further proceedings. conference.
6.5. Utilize the process in the application for bail, 284. Duringthe trial, the prosecution finishes
arraignment, pre-trial, and trial presenting its evidence, and the defense
claims that the prosecution has not proven
279. Whenis a person entitled to bail under [Link] this
Philippine law? stage?
a. MotionforReconsideration
a. When charged with any criminal b. DemurrertoEvidence
offense regardless of evidence. c. MotiontoSuppressEvidence
b. d. [Link]

27|Page AMICIREVIEWCENTER
 Allow the prosecution to present
285. Whatisthepurposeofapre-trialconference in additionalevidencetoreopenthe
criminal cases? previous case.
a. Todetermine the guilt orinnocence b. Proceed with the trial if the
of the accused. prosecutorinsistsoncontinuing.
b. To resolve issues such as c. Grantthemotiontoquashanddis
pleabargaining, stipulations of fact, miss the new case.
andmarking of evidence. d. Ordertheaccusedtofileanappeal
c. Toallowtheaccusedtopresenttheir instead of a motion to quash.
case before the trial begins.
d. Todismissthecasebasedonlackof 291. Theaccused files a motion to
probable cause. quash,arguingthatthefactsstatedinthecompl
286. Whatisthesequenceofthetrialproperin aint do not constitute an offense. What
criminal cases? should the court do if it finds the complaint
a. Defense presents evidence first, defective?
followed by the prosecution. a. Allowtheprosecutiontoamendtheco
b. Prosecution presents mplaint to correct the defect.
evidence,followed by the defense, b. Dismissthecasepermanentlyand
withrebuttal and sur-rebuttal acquit the accused.
ifnecessary. c. Proceedwiththetrialtoallow
c. Accused enters a plea, followed by evidence presentation.
the immediate judgment of the d. Requiretheaccusedtofilean
court. appeal in a higher court.
d. Both parties simultaneously present
evidence, followed by the court’s [Link] of
decision. witnesses, including child witnesses, particularly, in
287. Whencanthecourtdenyanapplicationfor bail? the conduct of direct examination and cross-
a. Whentheaccusedischargedwithaca examination.
pitaloffense, andthe evidence
ofguilt is strong.
292. Whatistheprimarypurposeofpresentinga
b. Whentheaccusedrefusestoenter a
witness during the direct examination?
plea during arraignment.
a. Toimpeachthecredibilityofthe
c. Whentheaccusedischargedwitha
witness.
bailable offense but fails to submita
b. Toestablishfactsfavorabletothep
counter-affidavit.
arty presenting the witness.
d. Whentheaccusedmissesthepre-
c. Tochallengethetestimonyofthe
trial conference.
opposing party.
288. Afterpresentingevidence,thecourtfinds
d. Toassessthecompetencyofthe
the accused guilty of theft. However, the
witness.
accused argues that their constitutional
293. Whatspecial protection is given to child
[Link]
witnessesduringtheirtestimonyincourt?
legal remedy can the accused pursue? a. Theyarerequiredtotestifywithout
a. Fileforanappealina highercourt. legal counsel to avoid intimidation.
b. Fileforanewarraignment.
b. Theyareallowedtotestifythroughvid
c. Requestaretrialfromthesame
eo conferencing or behind
court.
ascreentoavoidfacingtheaccused.
d. Fileamotionfordismissalofthe
c. Theymustonlytestifyinthe
case.
presence of their parents.
289. [Link]
d. Theyareprohibitedfrombeing
arraignment, the defense files a motion to
cross-examined.
quash, claiming the court has no jurisdiction
294. WhichofthefollowingisNOTallowed
overthe offense because the crime allegedly
during direct examination?
occurred in another city. What should the
a. Askingthewitnesstonarratewhat
court do if the motion to quash is found tobe
they saw during the incident.
valid?
b. Usingleadingquestionstosuggesta
a. Proceed with the trial regardless of
nswers to the witness.
jurisdiction issues.
c. Presentingevidencethatdirectly
b. Transferthecasetotheappropriate
relatestotheissuesofthecase.
court with jurisdiction.
d. Asking the witness to clarify
c. Dismiss thecaseoutrightandfreethe
technicaltermsforthecourt.
accused.
295. Whatistheprimarypurposeofcross-
d. Requiretheprosecutiontoamend the
examination in court proceedings?
charge sheet.
a. Topresentadditionalevidencethat
290. Theaccused is charged with the same
was not introduced during direct
offense for which they were previously
examination.
acquitted. The defense files a motion to
b. Toverifythewitness'shonesty,cr
quash based on double jeopardy. What
edibility,andaccuracyoftheirtesti
shouldthecourtdoifdoublejeopardyis
mony.
established?
c. To allow the witness to provide
a. theirpersonalopiniononthecase.

28|Page AMICIREVIEWCENTER
 d. To prevent the opposing counsel
frompresentingtheirnextwitness.
296. Whatisthedutyofthecourtinensuring
proper conduct during the testimony of
witnesses, including child witnesses?
a. Toallowallquestions,regardlessof
relevance, for thorough
examination.
b. To prevent
harassment,intimidation,orirreleva
ntquestionsduring the testimony.
c. Tolimit thewitness’stestimonyto
writtenaffidavits.
d. To allow only the direct
examinationofchildwitnessesto
avoid confusion.
297. Itistheexaminationinchiefofawitnessby the
party presenting him on the facts relevant to
the issue
a. Direct Examination
b. Re-DirectExamination
c. CrossExamination
d. ClarificatoryExamination
298. Duringdirect examination, the prosecutor
asks a 9-year-old witness, “Did you see the
man wearing a red shirt take the wallet?”
The defense objects, claiming this is a
[Link]?

a. Sustain the objection, as leading

questionsarenotallowedindirect
examination.
b. Overruletheobjection,asleadingqu
estions are permitted for
childwitnesses.
c. Sustain the objection, as child
witnessescannottestifyonmaterial
facts.
d. Overrule the objection, as the
defensehastheopportunityto
cross-examine.
299. A12-year-old victim of abuse is called to
testify. The prosecutor requests that the
child testify via a one-way mirror to avoid
[Link]
request?
a. Yes,ifitensuresthechild’ssafety
andemotionalwell-being.
b. No,becauseitviolatesthe
accused’srighttoconfrontation.
c. Yes,butonlyiftheaccusedwaives
their right to confrontation.
d. No,becausechildwitnessesmust
testify in open court.
300. Inacross-examination,thedefense
attorney asks the witness, “You didn’t
actuallyseetheaccusedenterthestore,did
you?”Isthisquestion appropriateforcross-
examination?
a. Yes,becauseitchallengesthe
credibility of the witness’s
testimony.
b. No,because itisa leadingquestion.
c. Yes,becausecross-
examinationallows leading
questions.
d. No,becauseitintroducesnew
evidence.

2G|Page AMICIREVIEWCENTER