Criminal Jurisprudence-FC 2

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CRIMINAL JURISPRUDENCE FC

Q1:

Q1 A complaint may be filed by any of the following EXCEPT: Offender The offended party Other public officers Any peace officer ANSWER

Q2 :

Q2 The following are elements of malicious mischief: The offender deliberately caused damage to property Such act does not constitute arson or other crimes involving destruction Such acts also constitute other crimes involving destruction The act of damaging another’s property was committed merely for the sake of damaging it I, III,IV I, II, IV I, II, III II, III, IV ANSWER

Q3 :

Q3 The following are elements of homicide EXCEPT: The accused killed him without any justifying circumstance. A person was killed. The killing was not attended by any of the qualifying circumstances of murder, parricide or infanticide. The accused had no intention to kill. ANSWER

Q4 :

Q4 Facts already known or ought to be known by judges by reason of their office and of which they may properly take and act without proof are called matters of: Privileged communication Judicial notice Pleadings Judgment ANSWER

Q5 :

Q5 The following are crimes against national security and law of nations EXCEPT one: Violation of neutrality Rebellion Treason Espionage ANSWER

Q6 :

Q6 Which of the following is not an element of malicious mischief? The damage was caused inadvertently The damage caused does not fall with the provisions of arson The offender has caused damage to the property of another The damage was caused deliberately ANSWER

Q7 :

Q7 Which of the following is NOT classified as a crime committed by public officers? Forgery Officer breaking seal Malversation Refusal of assistance ANSWER

Q8 :

Q8 For search to be considered as an incident of the arrest, it must be made at the place where the: Contraband was found Police station is located Arrest was effected Crime was foiled ANSWER

Q9 :

Q9 When evidence is presented to vary the terms of a written agreement, there is the application of the ____________ evidence rule: Documentary Best Written Parol ANSWER

Q10 :

Q10 The following are rights of a witness under the rules EXCEPT: To be examined only as to matters pertinent to the issue. Not to give an answer which will tend to subject him to a penalty for an offense. To remain silent. To be protected from irrelevant questions. ANSWER

Q11 :

Q11 To be considered an accessory, the author of the crime must be guilty of any of the following EXCEPT Murder Treason Infanticide Parricide ANSWER

Q12 :

Q12 Which of the following offenses may be prosecuted by persons other than the offended party? Abduction Acts of lasciviousness Seduction Falsification ANSWER

Q13 :

Q13 What type of questions are allowed to be asked to a witness who is unwilling to testify? Intelligent Leading Misleading Unresponsive ANSWER

Q14 :

Q14 A science involving technical knowledge about the traces of crime is known as: Forensic medicine Physical science Forensic science Criminalistic technology ANSWER

Q15 :

Q15 When taking up arms against the government was undertaken by members of the military, what law was violated? Republic Act ___________. 9165 7610 6506 6968 ANSWER

Q16:

Q16 The following are aggravating circumstances EXCEPT: Movement of the offender is restricted Cruelty Adding ignominy Taking advantage of superior strength ANSWER

Q17 :

Q17 What do you call the court that is co-equal to the Court of Appeals? Sandiganbayan Court of First Instance Supreme Court Tanodbayan ANSWER

Q18 :

Q18 The following are classified as crimes against honor EXCEPT: Premature marriage Libel Incriminating innocent persons Slander ANSWER

Q19 :

Q19 The following properties may be taken by the officer effecting the arrest EXCEPT those: That may be used for escaping Used in the commission of a crime That are within the immediate vicinity Which are means of committing violence ANSWER

Q20 :

Q20 The following are classified as crimes against chastity EXCEPT: Simple seduction Adultery White slave trade Sexual harassment ANSWER

Q21 :

Q21 The crime of bigamy is present when the following elements are present: A person is cohabiting with another A person is legally married The marriage has not been legally dissolved He contracts a second or subsequent marriage The second marriage has all the essential requisites for validity II, III, IV, V II, III, IV I, III, IV, V I, II, IV, V ANSWER

Q22 :

Q22 In matters of form, after the accused has pleaded, amendment of the complaint or information shall be: Compulsory Without leave of court Mandatory With leave of court ANSWER

Q23 :

Q23 Additional evidence of a different kind and character, tending to prove the same point is termed as: Relevant Corroborative Cumulative Conclusive ANSWER

Q24 :

Q24 Evidence is given by written instruments are said to be: Best Parol Documentary Secondary ANSWER

Q25 :

Q25 What characteristic of criminal law states that the penal law binds all persons residing or sojourning in a territory? Irretrospectivity Prospectivity Generality Territoriality ANSWER

Q26 :

Q26 Which of the following is NOT required to be stated in order that a complaint or information may be sufficient? Name of the clerk of court Place where the offense was committed Name of the offended party Name of the accused ANSWER

Q27 :

Q27 Under what law is hazing punishable? R.A. 8177 R.A. 8353 R.A. 8042 R.A. 8049 ANSWER

Q28 :

Q28 In case of corporations, the criminal action is instituted or filed against the _______________. Officers of the corporation Name of the corporation Accused Corporation ANSWER

Q29 :

Q29 The actual commission of the crime charged is known in criminal law as: Execution Participation Corpus delicti In flagrante delicto ANSWER

Q30 :

Q30 What is the effect of the institution of criminal action on the period of prescription? It is _____________. Starting Discovered Interrupted Ending ANSWER

Q31 :

Q31 The following may conduct preliminary investigation EXCEPT: Judges of the MTC City prosecutor Assistant city prosecutor Regional state prosecutor ANSWER

Q32 :

Q32 Judgment of the MTC under the rule on summary procedure shall _____________ appealable to the RTC. Cannot Not be Prevent it from being Be ANSWER

Q33 :

Q33 Under the Rule on Summary Procedure, before conducting the trial, the court shall call the parties to a ___________________. Hearing Pre-trial Preliminary investigation Preliminary conference ANSWER

Q34 :

Q34 During trial, may amendment of the complaint or information be made? No, the accused was already arraigned. Yes, by leave and at the discretion of the court. Yes, in matters of substance. No, to all matters. ANSWER

Q35 :

Q35 In the first form of direct assault, the aim of the offender is to attain any of the purposes of the crimes of __________________. Treason, rebellion Rebellion, sedition Sedition, treason Inciting to rebellion, sedition ANSWER

Q36:

Q36 Perpetuation of testimony is found in Rule __________. 132 130 128 134 ANSWER

Q37:

Q37 A non-expert may give his opinion regarding the following EXCEPT: The handwriting of a person which he learned to write. The mental sanity of a person with whom he is sufficiently acquainted. Identity of a person with whom he has sufficient knowledge. The handwriting of a person with which he is familiar. ANSWER

Q38:

Q38 Which rule has its justification in the spontaneity of the statement? Dying declaration Res gestae Common reputation Hearsay rule ANSWER

Q39:

Q39 If falsification of a genuine document is committed in order to commit estafa , the proper crime for which the person should be charged is: Other deceits Estafa Falsification Forgery ANSWER

Q40:

Q40 If A shot B with intent to kill him but without hitting him, then desisted from firing again, he is: Liable for an attempted felony. Liable for a consummated felony. Not liable for an attempted felony. Not liable for any felony. ANSWER

Q41:

Q41 Which of the following is NOT an aggravating circumstance? Nighttime Cruelty Abuse of superior strength Illness that diminishes the exercise of will power ANSWER

Q42:

Q42 The method fixed by law for the apprehension and prosecution of one who is charged with a criminal offense and for his punishment if found guilty is: Judgment Conviction Adjudication Criminal procedure ANSWER

Q43:

Q43 Physical activities or deeds indicating the intention to commit a particular crime is known as _________________ acts. Internal Intentional Overt Deliberate ANSWER

Q44:

Q44 Which of the following is NOT a mitigating circumstance? Fulfillment of duty Lack of intention to commit so grave a wrong Passion or obfuscation Immediate vindication of a grave offense ANSWER

Q45:

Q45 What do you call the suffering undergone by one who commits a crime? Fine Imprisonment Penalty Liability ANSWER

Q46:

Q46 Snatching is characterized by: Intimidation of persons Abuse of authority Violence of persons Force upon things ANSWER

Q47:

Q47 Which of the following is NOT an element of misprision of treason? The offender __________ Is not a foreigner Owes allegiance to the Philippine government Is a foreigner Conceals knowledge of a conspiracy to commit treason against the Philippine government ANSWER

Q48:

Q48 Which of the following is NOT a justifying circumstance? Defense of relative Compulsion of an irresistible force Obedience to a superior order Self- defense ANSWER

Q49:

Q49 Under the law, __________ and __________ are liable for light offense. Accomplices, accessories Principals, accessories Principals, agents Principals, accomplices ANSWER

Q50:

Q50 Corruption of minors, as a form of abuse, is punishable under Republic Act ________. 7879 7610 8177 7941 ANSWER

Q51:

Q51 The following are the elements of the crime of death caused in a tumultuous affray EXCEPT one: That it cannot be ascertained who actually killed the deceased. There are several persons not composing groups organized for the common purpose of assaulting and attacking each other reciprocally. That the person or persons who inflicted serious physical injuries or who use violence cannot be identified. That someone was killed in the course of the affray. ANSWER

Q52:

Q52 The obligation imposed upon a party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action to establish it by proof is: Burden of evidence Burden of proof Testimony Fact in issue ANSWER

Q53:

Q53 No complaint involving any matter within the lupon shall be filed directly in court unless there has been a ___________ be tween parties before the lupon or pangkat . Conversation Cross-examination Confrontation Meeting ANSWER

Q54:

Q54 The criminal action shall be instituted and tried in the court of the territory where the offense was ________________. Extinguished Discovered Started Committed ANSWER

Q55:

Q55 When the owner forcibly ejects his lessee for his apartment unit, he is: Liable for grave coercion Liable for unjust vexation Not liable Not liable because he is the owner ANSWER

Q56:

Q56 Under the Revised Penal Code, illegal associations are those which are organized for the following purposes EXCEPT to commit: Any crime punishable by the Revised Penal Code Public outcry Some purpose contrary to public morals Any crime against public order ANSWER

Q57:

Q57 A person who fails to render assistance to someone he has accidentally wounded or injured is liable for: Abandonment Get-away Dereliction of duty Refusal of assistance ANSWER

Q58:

Q58 The private offended shall be required to appear at the pre-trial for the following purposes EXCEPT: Determination of civil liability Hearing the decision Plea bargaining Other matters requiring his presence ANSWER

Q59:

Q59 Evidence of collateral facts or circumstances from which an inference may be drawn as to the probability or improbability of the facts in dispute is: Relevant Direct Circumstantial Material ANSWER

Q60:

Q60 Possession of goods, articles, items or anything of value which has been the object of thievery, or robbery is _____________ evidence of fencing. Circumstantial Conclusive Prima facie Direct ANSWER

Q61:

Q61 The following are elements of other forms of trespass EXCEPT: The prohibition to enter is manifest. The entrance was made while the premises are uninhabited. The offender enters the open premises or estate of another The trespasser has not secured the permission of the owner or caretaker thereof. ANSWER

Q62:

Q62 Imputing to innocent person the commission of a crime constitutes: Malicious imputation Slander Incriminatory machination Perjury ANSWER

Q63:

Q63 The testimony of Mr. Sisilipsilip that he saw Mr. Siga at the scene of arson but did not see him set fire on the building is ______________. Oral Testimonial Negative Positive ANSWER

Q64:

Q64 Which of the following is NOT an element of infidelity in the custody of official documents? No damage is caused to a third party. The documents were entrusted to the offender by reason of his office. Offender is a public officer. The offender abstracts documents. ANSWER

Q65:

Q65 When do crimes punishable by arresto mayor prescribe? In _______ years. One Ten Fifteen Five ANSWER

Q66:

Q66 The following are the kinds of arbitrary detention EXCEPT one: Delay in the delivery of the detained persons Delaying detention Arbitrary detention proper Delaying release ANSWER

Q67:

Q67 When are documentary evidence objected to? During their formal offer Before their formal offer Upon their marking as exhibits Upon their formal offer ANSWER

Q68:

Q68 When the law punishes the crime with a penalty that in its maximum period is ______________, there exists what we call less grave felonies. Cumulative Afflictive Light Correctional ANSWER

Q69:

Q69 In attempted felony, the offender never passes the ___________ phase of the offense. Alternative Subjective Derivative Objective ANSWER

Q70:

Q70 Slight physical injuries, a light offense, prescribes in _______________. Three months Six months One year Two months ANSWER

Q71:

Q71 To prove beyond reasonable doubt the essential elements of the offense with which the accused is charged is on the Judge Prosecution Defense Court ANSWER

Q72:

Q72 If a duplicitous complaint or information is filed, the remedy of the accused is to file a motion to: Re-try Intervene Reconsider Quash ANSWER

Q73:

Q73 After recording the proceedings of a trial, the stenographer can make a ______________ thereof. Statement Recording Copy Transcript ANSWER

Q74:

Q74 Any article or object which may be known or perceived by the use of any of the senses qualify as _________________ evidence. Relevant Indispensable Object Material ANSWER

Situation :

Situation Piolo , Jericho and Diether had a quarrel with Ryan, Gerald and Carlo. One day, Piolo and Jericho, armed with .38 caliber firearm, asked Diether to go with them to wait in ambush for Ryan’s group. Not knowing that his friends are armed and coming straight from work, Diether went along, still having with him a screw driver that he uses for work. On their way to the place where they will wait for Ryan’s group, the taxicab they were riding was stopped by traffic enforcers for a moving violation.

Situation:

Situation At that point, somebody who knows them spotted that they are armed and informed the traffic enforcers who, in turn, asked them to disembark. When frisked, Piolo , Jericho and Diether yielded implements they respectively possess. They were subsequently arrested.

Q75:

Q75 As investigator, for what crime/crimes will you charge Piolo , Jericho and Diether ? None. Illegal possession of firearm as to Piolo and Jericho and none as to Diether . Illegal possession of firearm and deadly weapon. None because the implements were not used to commit an offense ANSWER

Q76:

Q76 Is the search legal? Yes. Yes, as to Piolo and Jericho, because of possession of unlicensed firearms is illegal per se though it is questionable if the possession of screwdriver by Diether can be considered as criminal. No, because the traffic enforcers does not have any warrant. No, because they were not committing an offense while inside the taxicab. ANSWER

Q77:

Q77 As investigator, if homicide is committed with the use of unlicensed firearm, is it correct to also charge the person for illegal possession of firearms? Yes, they are separate crimes. No, he should not be charged for any crime. No, because the law provides that the use of unlicensed firearm in such instance shall be considered as an aggravating circumstance. Yes, because the crime of homicide is under the RPC while possession of unlicensed firearm is under special law. ANSWER

Q78:

Q78 Illegal possession of firearms is currently punished under what law? B.P. 8 R.A. 8294 R.A.6425 P.D. 603 ANSWER

Q79:

Q79 For search to be considered incident of the arrest, it should be made at the place where the: Contraband was found Police station is located Arrest was effected Crime was failed ANSWER

Q80:

Q80 When evidence is presented to vary the terms of a written agreement, there is the application of the ______________ evidence rule. Documentary Best Written Parol ANSWER

Q81:

Q81 The following are the rights of a witness under the Rules EXCEPT: To be examined only as to matters pertinent to the issue. Not to give an answer which will tend to subject him to a penalty for an offense. To remain silent. To be protected from irrelevant questions. ANSWER

Q82:

Q82 The complaint or information should state the following, EXCEPT a . designation of the offense by the statute b . name of the offended party c . name of the accused d . name of the court ANSWER

Q82:

Q82 One of the following is not a requisite for presentation of secondary evidence. a . The original document is available if offeror produces it. b . The original document existed and has been duly executed. c . It has been lost, destroyed or cannot be produced in court. d . If there are several original copies, all must be accounted for. ANSWER

Q83:

Q83 A prosecutor received a sum of money in return for refraining to prosecute a crime where the imposable penalty is Reclusion Perpetua . What is the crime committed? a . Direct bribery b . Qualified bribery c . Corruption of public official d . Indirect bribery ANSWER

Q84:

Q84 Bail is a matter of discretion a . Before conviction by the MTC b . Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua , or life imprisonment . c . After conviction by the MTC d . Before conviction by the RTC of an offense not punishable by death, reclusion perpetua , or life imprisonment . ANSWER

Q85:

Q85 The quality of evidence necessary for a court to affirm a decision of an administrative body. It is more popularly known as substantial evidence. Admissibility of evidence Conditional admissibility of evidence Probative value of evidence Quantum of evidence ANSWER

Q86:

Q86 The robbers enter the house. Upon entering through the window, one of the robbers stepped on and killed a child less than 3 days old. The crime is: Robbery Robbery with abortion Robbery with infanticide Robbery with homicide ANSWER

Q87:

Q87 There was a need to put some additional lighting along the streets and no one knows how much it will cost, and an officer was asked to canvass the cost but he connived with the seller of light bulbs pricing each light bulb at P550.00 instead of the actual price P500.00. This is a case of: Illegal exaction Malversation Direct bribery Fraud ANSWER

Q88:

Q88 The evidentiary fact (the evidence). Factum probandum Factum probans Falsus in uno , falsus in omnibus Force majeure ANSWER

Q89:

Q89 The existence of a valid prejudicial question may cause the suspension of the Arraignment Judgment Preliminary investigation Trial ANSWER

Q90:

Q90 Accused jumped upon a woman and threw her to the ground. Although the accused raised her skirts, he did not make any effort to remove her underwear. Instead, he remove his underwear and placed himself on top of the woman and started performing sexual movements. Thereafter, when he was finished, he stood up and left. The crime committed is: Acts of lasciviousness Attempted rape Forcible abduction Sexual assault ANSWER

Q1:

Q1 A complaint may be filed by any of the following, EXCEPT: Offender The offended party Other public officers Any peace officer

Explanation :

Explanation Who may file complaint? (Sec. 3, Rule 110, RRCP) The following may file complaint: offended  party any  peace  officer public officer charged with the enforcement of the law violated NEXT Q

Q2 :

Q2 The following are elements of malicious mischief: The offended deliberately caused damage to property Such act does not constitute arson or other crimes involving destruction Such acts also constitute other crimes involving destruction The act of damaging another’s property was committed merely for the sake of damaging it I, III,IV I, II, IV I, II, III II, III, IV

Explanation :

Explanation Elements of Malicious Mischief ( G.R . No. 78214 December 5, 1988): The offender deliberately caused damage to the property of another ; The damage caused did not constitute arson or crimes involving destruction ; The damage was caused maliciously by the offender.

Explanation :

Explanation III Such acts also constitute other crimes involving destruction is not part of the elements. NEXT Q

Q3 :

Q3 The following are elements of homicide EXCEPT: The accused killed him without any justifying circumstance. A person was killed. The killing was not attended by any of the qualifying circumstances of murder, parricide or infanticide. The accused had no intention to kill.

Explanation :

Explanation Elements of Homicide: That a person is killed That the accused killed him without any justifying circumstances That the accused had the intention to kill, which is presumed That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide NEXT Q

Q4 :

Q4 Facts already known or ought to be known by judges by reason of their office and of which they may properly take and act without proof are called matters of: Privileged communication Judicial notice Pleadings Judgment

Explanation :

Explanation RULE 129. WHAT NEED NOT BE PROVED. Matters or facts subject of judicial notice Matters or facts subject of judicial admission Matters or facts which are legally presumed Matters or facts stipulated upon Matters or facts which are exclusively within the knowledge of the opposing party Matters or facts which are irrelevant Matters or facts in the nature of negative allegations subject to certain exceptions

Explanation :

Explanation Judicial Notice: Act of court in taking cognizance of matters as true or as existing without need of introducing evidence. Authority of court to accept certain matters as facts even if no evidence of their existence has been presented. NEXT Q

Q5 :

Q5 The following are crimes against national security and law of nations EXCEPT one: Violation of neutrality Rebellion Treason Espionage

Explanation :

Explanation Rebellion is under crimes against public order.

Explanation :

Explanation Crimes against Public Order Art. 134. Rebellion or insurrection Article 134-A. Coup d'etat Art. 136. Conspiracy and proposal to commit coup d'etat , rebellion or insurrection Art. 137. Disloyalty of public officers or employees Art. 138. Inciting a rebellion or insurrection Art. 139. Sedition Art. 141. Conspiracy to commit sedition Art. 142. Inciting to sedition

Explanation :

Explanation Crimes against National Security and Law of Nations Art. 114. Treason Art. 115. Conspiracy and proposal to commit treason Art. 116. Misprision of treason Art. 117. Espionage Art. 118. Inciting to war or giving motives for reprisals Art. 119. Violation of neutrality Art. 120. Correspondence with hostile country Art. 121. Flight to enemy country Art. 122. Piracy in general and mutiny on the high seas Art. 123. Qualified piracy NEXT Q

Q6 :

Q6 Which of the following is not an element of malicious mischief? The damage was caused inadvertently The damage caused does not fall with the provisions of arson The offender has caused damage to the property of another The damage was caused deliberately

Explanation :

Explanation The word inadvertently is highly inconsistent with the crime of malicious mischief . Inadvertently means without knowledge or intention . Malicious means marked by deep ill will; deliberately harmful . NEXT Q

Q7 :

Q7 Which of the following is NOT classified as a crime committed by public officers? Forgery Officer breaking seal Malversation Refusal of assistance

Explanation :

Explanation Forgery is punished under Art. 169, Crimes against Public Interest

Explanation :

Explanation Crimes Committed by Public Officers Art. 204. Knowingly rendering unjust judgment Art. 205. Judgment rendered through negligence Art. 206. Unjust interlocutory order Art. 207. Malicious delay in the administration of justice Art. 208. Prosecution of offenses; negligence and tolerance

Explanation :

Explanation Crimes Committed by Public Officers Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets Art. 210. Direct bribery Art. 211. Indirect bribery Art. 212. Corruption of public officials Art. 213. Frauds against the public treasury and similar offenses

Explanation :

Explanation Crimes Committed by Public Officers Art. 214. Other frauds Art. 215. Prohibited transactions Art. 216. Possession of prohibited interest by a public officer Art. 217. Malversation of public funds or property; Presumption of malversation Art. 218. Failure of accountable officer to render accounts

Explanation :

Explanation Crimes Committed by Public Officers Art. 219. Failure of a responsible public officer to render accounts before leaving the country Art. 220. Illegal use of public funds or property Art. 221. Failure to make delivery of public funds or property Art. 222. Officers included in the preceding provisions Art. 223. Conniving with or consenting to evasion

Explanation :

Explanation Crimes Committed by Public Officers Art. 224. Evasion through negligence Art. 225. Escape of prisoner under the custody of a person not a public officer Art. 226. Removal, concealment or destruction of documents Art. 227. Officer breaking seal Art. 228. Opening of closed documents

Explanation :

Explanation Crimes Committed by Public Officers Art. 229. Revelation of secrets by an officer Art. 230. Public officer revealing secrets of private individual Art. 231. Open disobedience Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior officer Art. 233. Refusal of assistance

Explanation :

Explanation Crimes Committed by Public Officers Art. 234. Refusal to discharge elective office Art. 235. Maltreatment of prisoners Art. 236. Anticipation of duties of a public office Art. 237. Prolonging performance of duties and powers Art. 238. Abandonment of office or position Art. 239. Usurpation of legislative powers

Explanation :

Explanation Crimes Committed by Public Officers Art. 240. Usurpation of executive functions Art. 241. Usurpation of j Art . 245. Abuses against chastity; Penaltiesudicial functions Art. 242. Disobeying request for disqualification Art. 243. Orders or requests by executive officers to any judicial authority Art. 244. Unlawful appointments

Explanation :

Explanation Crimes against Public Interest Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive Art. 162. Using forged signature or counterfeit seal or stamp Art. 163. Making and importing and uttering false coins

Explanation :

Explanation Crimes against Public Interest Art. 164. Mutilation of coins; Importation and utterance of mutilated coins Art. 165. Selling of false or mutilated coin, without connivance Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents

Explanation :

Explanation Crimes against Public Interest Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit Art. 169. F orgery Art. 170. Falsification of legislative documents

Explanation :

Explanation Crimes against Public Interest Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister Art. 172. Falsification by private individual and use of falsified documents Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages

Explanation :

Explanation Crimes against Public Interest Art. 174. False medical certificates, false certificates of merits or service, etc. Art. 175. Using false certificates Art. 176. Manufacturing and possession of instruments or implements for falsification Art. 177. Usurpation of authority or official functions Art. 178. Using fictitious name and concealing true name

Explanation :

Explanation Crimes against Public Interest Art. 179. Illegal use of uniforms or insignia Art. 180. False testimony against a defendant Art. 181. False testimony favorable to the defendants Art. 182. False testimony in civil cases Art. 183. False testimony in other cases and perjury in solemn affirmation Art. 185. Machinations in public auctions

Explanation :

Explanation Crimes against Public Interest Art. 186. Monopolies and combinations in restraint of trade Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys Art. 188. Subsisting and altering trade-mark, trade-names, or service marks

Explanation :

Explanation Crimes against Public Interest Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description NEXT Q

Q8 :

Q8 For search to be considered as an incident of the arrest, it must be made at the place where the: Contraband was found Police station is located Arrest was effected Crime was foiled

Explanation :

Explanation WHAT  ARE  THE  REQUIREMENTS  IN  A  WARRANTLESS  SEARCH INCIDENTAL TO A LAWFUL ARREST? Arrest must be lawful It  must  be  contemporaneous  with  the  arrest  in both  time  and place . People vs Dela Cruz ( G.R. No. 129296.  September 25, 2000) Within  the  vicinity  of  the  person  arrested,  immediate  control, which is the evidence of the offense or weapon NEXT Q

Q9 :

Q9 When evidence is presented to vary the terms of a written agreement, there is the application of the ____________ evidence rule: Documentary Best Written Parol

Explanation :

Explanation Documentary evidence: Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. Best Evidence Rule: about contents of documents Parol Evidence Rule: about agreement in writing NEXT Q

Q10 :

Q10 The following are rights of a witness under the rules EXCEPT: To be examined only as to matters pertinent to the issue. Not to give an answer which will tend to subject him to a penalty for an offense. To remain silent. To be protected from irrelevant questions.

Explanation :

Explanation Rights of Witness (Sec. 3, Rule 132, RRE) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor ; Not to be detained longer than the interests of justice require; Not to be examined except only as to matters pertinent to the issue;

Explanation :

Explanation Rights of Witness (Sec. 3, Rule 132, RRE) Not to given an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law, or Not to give an answer which will tend to degrade his reputation, unless it be the very fact at issue or to a fact from which the fact in issue would be presumed.

Explanation :

Explanation NOTE: But a witness must answer to the fact of his previous final conviction for an offense. NEXT Q

Q11 :

Q11 To be considered an accessory, the author of the crime must be guilty of any of the following EXCEPT Murder Treason Infanticide Parricide

Explanation :

Explanation The accessory referred to here refers to a person who harbors , conceals, or assists in escape of principals of crime of: treason, parricide, murder, or an attempt to take life of Chief Executive, NEXT Q

Q12 :

Q12 Which of the following offenses may be prosecuted by persons other than the offended party? Abduction Acts of lasciviousness Seduction Falsification

Explanation :

Explanation Crimes Requiring Complaint of Offended Party Adultery & concubinage : Complaint of offended spouse Both guilty parties shall be charged No prosecution if offended party consented or pardoned offenders

Explanation :

Explanation Crimes Requiring Complaint of Offended Party SARAL Complaint by offended party or her parents, grandparents, or guardian No prosecution if offended party is expressly pardoned by above-named persons Marriage of offender w/ offended party extinguishes criminal action/remits penalty already imposed upon him Applicable to co-principals, accomplices, & accessories. NEXT Q

Q13 :

Q13 What type of questions are allowed to be asked to a witness who is unwilling to testify? Intelligent Leading Misleading Unresponsive

Explanation :

Explanation Leading questions are allowed of an unwilling or hostile witness. (Sec. 10{d}, Rule 132, RRE) Hostile witness : one who testifies on a material matter unfavorable to the party who calls him. Adverse witness : one called by or associated with the opposing party. NEXT Q

Q14 :

Q14 A science involving technical knowledge about the traces of crime is known as: Forensic medicine Physical science Forensic science Criminalistic technology NEXT Q

Q15 :

Q15 When taking up arms against the government was undertaken by members of the military, what law was violated? Republic Act ___________. 9165 7610 6506 6968 NEXT Q

Q16:

Q16 The following are aggravating circumstances EXCEPT: Movement of the offender is restricted Cruelty Adding ignominy Taking advantage of superior strength

Explanation :

Explanation Aggravating circumstances: Taking advantage of public position Disrespect due to rank, age, sex Abuse of confidence Dwelling Band Uninhabited place Nighttime

Explanation :

Explanation Aggravating circumstances: Recidivism Reiteracion Habitual delinquency Quasi-recidivism In consideration of a price, reward or promise By means of inundation or fire Evident premeditation

Explanation :

Explanation Aggravating circumstances: Craft Abuse of superior strength Treachery Ignominy Cruelty Unlawful entry Motor vehicle Organized or syndicated crime group NEXT Q

Q17 :

Q17 What do you call the court that is co-equal to the Court of Appeals? Sandiganbayan Court of First Instance Supreme Court Tanodbayan

Explanation :

Explanation Sandiganbayan : "People's Advocate“ Special court Presidential Decree No. 1606 Equivalent to the Court of Appeals Consists of 14 Associate Justices and 1 Presiding Justice NEXT Q

Q18 :

Q18 The following are classified as crimes against honor EXCEPT: Premature marriage Libel Incriminating innocent persons Slander

Explanation :

Explanation Crimes against Honor Art. 353. Definition of libel Art. 358. Slander Art. 359. Slander by deed Art. 359. Slander by deed Art. 359. Slander by deed NOTE: Premature marriage punished under Art. 351 under Crimes against Civil Status of Persons. NEXT Q

Slide 154:

Q19 The following properties may be taken by the officer effecting the arrest EXCEPT those: That may be used for escaping Used in the commission of a crime That are within the immediate vicinity Which are means of committing violence

Explanation :

Explanation Search incident to lawful arrest; Properties to take: dangerous  weapons anything which may have been used anything which may constitute proof in the commission of an offense NEXT Q

Q20 :

Q20 The following are classified as crimes against chastity EXCEPT: Simple seduction Adultery White slave trade Sexual harassment

Explanation :

Explanation Sexual harassment is not punished in the RPC but REPUBLIC ACT NO. 7877. General concept: Sexual harassment is the act of a person: Having authority, influence or moral ascendancy over another In a work or training or education environment Demands, requests or otherwise requires any sexual favor from another As a condition to giving a benefit or doing some favor to the victim regardless whether the demand is accepted

Explanation :

Explanation Kinds of Sexual Harassment: In a work related or employment environment: As a condition in the ( i ) hiring, employment, re-employment of the victim (ii) for granting favorable terms or compensations, or as condition for promotion or grant of privileges (iii) if the refusal results in limitations, segregating or classifying the employee which would discriminate, deprive or diminish employment opportunities Would impair the employee’s right or privileges under existing labor laws Would result in an intimidating, hostile or offensive environment

Explanation :

Explanation Kinds of Sexual Harassment: Education or Training environment Victim is under the care, custody or supervision of the offender, or one whose education or training or apprenticeship is entrusted to the offender (such as coaches of sports teams) The demand is a condition to giving of a passing grade, granting of scholarships, payment of a stipend, allowance or other benefit Results to an intimidating or hostile or offensive environment for the student, trainee or apprentice

Explanation :

Explanation Crimes against Chastity: Art. 333. A dultery Art. 334. Concubinage Art. 335. Rape Art. 336. Acts of lasciviousness Art. 337. Qualified seduction Art. 338. Simple seduction Art. 339. Acts of lasciviousness with the consent of the offended party

Explanation :

Explanation Crimes against Chastity: Art. 340. Corruption of minors Art. 341. White slave trade Art. 342. Forcible abduction Art. 343. Consented abduction

Explanation :

Explanation Offense similar to sexual harassment: Art. 245. Abuses against chastity NEXT Q

Q21 :

Q21 The crime of bigamy is present when the following elements are present: A person is cohabiting with another A person is legally married The marriage has not been legally dissolved He contracts a second or subsequent marriage The second marriage has all the essential requisites for validity II, III, IV, V II, III, IV I, III, IV, V I, II, IV, V

Explanation :

Explanation Elements of Bigamy: Offender has been legally married; That first marriage has not been legally dissolved, or in case his or her spouse is absent, absent spouse has not been judicially declared presumptively dead; That he contracts a subsequent marriage; Subsequent marriage would have been valid had it not been for existence of the first. NEXT Q

Q22 :

Q22 In matters of form, after the accused has pleaded, amendment of the complaint or information shall be: Compulsory Without leave of court Mandatory With leave of court

Explanation :

Explanation Rule applicable: Sec. 14, Rule 110, RRCP WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED? General  rule: Before  plea , Amendment in form or in substance Without leave of court

Explanation :

Explanation WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED? Exception: if amendment will Downgrade offense or Drop accused from complaint or information Requisites to observe: Amendment: motion of prosecutor Notice to offended party Leave of court Court states reason in resolving motion Copies  of  resolution  given to  all  parties, especially offended party

Explanation :

Explanation WHEN CAN A COMPLAINT OR INFORMATION BE AMENDED? After plea: Amendment in form With leave of court Not causing prejudice to rights of accused .

Explanation :

Explanation WHEN CAN A COMPLAINT OR INFORMATION BE SUBSTITUTED? Any time before judgment : there is mistake in charging proper offense, and Accused cannot be convicted of offense charged or of any other offense necessarily included therein Does place accused in double jeopardy

Explanation :

Explanation WHEN ARE THE RIGHTS OF THE ACCUSED MAY BE PREJUDICED BY AN AMENDMENT? Defense in original  information no longer available Evidence under  original  information longer available Evidence  under  original  information longer be applicable

Explanation :

Explanation WHAT ARE SUBSTANTIAL AMENDMENTS? Amendments involving recital of facts constituting offense and determinative of jurisdiction of court All other matters are merely of form After plea, substantial amendments are prohibited NEXT Q

Q23 :

Q23 Additional evidence of a different kind and character, tending to prove the same point is termed as: Relevant Corroborative Cumulative Conclusive

Explanation :

Explanation Corroborative – of different kind Cumulative – of the same kind NEXT Q

Q24 :

Q24 Evidence is given by written instruments are said to be: Best Parol Documentary Secondary NEXT Q

Q25 :

Q25 What characteristic of criminal law states that the penal law binds all persons residing or sojourning in a territory? Irretrospectivity Prospectivity Generality Territoriality

Explanation :

Explanation Characteristics of Criminal Law: GENERAL – criminal law is binding on all persons who live or sojourn in Philippine territory (art 14, New Civil Code). Exemptions: As provided in the treaties and laws of preferential application. By virtue of principles of Pubic international law

Explanation :

Explanation Characteristics of Criminal Law: GENERAL Exemptions: By virtue of principles of Pubic international law: Sovereigns and other chiefs of state Ambassadors, ministers plenipotentiary, ministers resident, and charges d’ affai res, ambassadors extraordinary

Explanation :

Explanation Characteristics of Criminal Law: TERRITORIAL – Penal laws of the Philippines are enforceable only within its territory It is subject to certain exceptions by international agreements and practice. Meaning, penal laws may apply OUTSIDE of its TERRITORY.

Explanation :

Explanation Characteristics of Criminal Law: TERRITORIAL Composition of Territory Territorial Jurisdiction : over bodies of land, defined in Constitution. Fluvial Jurisdiction : over maritime and interior waters. Aerial Jurisdiction : over atmosphere. Exceptions to Territoriality Art. 2 of the Revised Penal Code (RPC).

Explanation :

Explanation Characteristics of Criminal Law: PROSPECTIVITY: It means that acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. It is subject to certain EXCEPTIONS.

Explanation :

Explanation Characteristics of Criminal Law: PROSPECTIVITY: Exceptions to Prospectivity The (new) law is favorable to the offender; The offender is not a habitual delinquent; and There is no provision in the (new) law against its retroactive application. NEXT Q

Q26 :

Q26 Which of the following is NOT required to be stated in order that a complaint or information may be sufficient? Name of the clerk of court Place where the offense was committed Name of the offended party Name of the accused

Explanation:

Explanation Applicable rule: Sec. 6, Rule 110, RRCP Sufficiency of complaint or information: name of accused designation of offense given by statute acts or omissions complained of as constituting offense name of offended party approximate date of commission of offense place where offense was committed NEXT Q

Q27 :

Q27 Under what law is hazing punishable? R.A. 8177 R.A. 8353 R.A. 8042 R.A. 8049

Explanation :

Explanation R.A. 8177 – An act designating death by lethal injection R.A. 8353 – The Anti-Rape Law of 1997 R.A. 8042 – Migrant Workers and Overseas Filipinos Act of 1995 NEXT Q

Q28 :

Q28 In case of corporations, the criminal action is instituted or filed against the _______________. Officers of the corporation Name of the corporation Accused Corporation

Explanation :

Explanation CAN YOU FILE A COMPLAINT AGAINST A JURIDICAL PERSON? No, a criminal complaint cannot lie against a juridical person If the corporation violates the law, the officer, through whom the corporation acts, answers criminally for his acts . NEXT Q

Q29 :

Q29 The actual commission of the crime charged is known in criminal law as: Execution Participation Corpus delicti In flagrante delicto

Explanation :

Explanation Execution – the act of accomplishing some aim or executing some order. Participation – the act of sharing in the activities of a group. Corpus delicti – the body of evidence that constitute the offense; the objective proof that a crime has been committed (sometimes mistakenly thought to refer to the body of a homicide victim) In flagrante delicto – Doing something reprehensible or showing clear evidence of having done something reprehensible NEXT Q

Q30 :

Q30 What is the effect of the institution of criminal action on the period of prescription? It is _____________. Starting Discovered Interrupted Ending

Explanation :

Explanation Applicable rule: Sec. 1, Rule 110, RRCP Institution of criminal action: Interrupts running of period of prescription of offense unless otherwise provided for in special laws. Rule  doesn’t  apply  to  violations  of  municipal  ordinances  and special  laws—interrupted  only  by institution  of  judicial proceedings   for   their   investigation   and   punishment,   while violations of municipal ordinances prescribe after 2 months. NEXT Q

Q31 :

Q31 The following may conduct preliminary investigation EXCEPT: Judges of the MTC City prosecutor Assistant city prosecutor Regional state prosecutor

Explanation :

Explanation Reference: A.M. No. 05-8-26-SC Re: Amendment of Rules 112 and 114 of the Revised Rules on Criminal Procedure by Removing the Conduct of Preliminary Investigation from Judges of the First Level Courts , which took effect on October 3, 2005. NEXT Q

Q32 :

Q32 Judgment of the MTC under the rule on summary procedure shall _____________ appealable to the RTC. Cannot Not be Prevent it from being Be

Explanation :

Explanation Applicable rule: Sec. 21, Rule IV, Revised Rules of Summary Procedure Summary Procedure: Court  decides  case  through  evidence and affidavits presented by parties. Criminal cases: Violations of traffic laws, rules and regulations Violations of the rental law Violations of municipal or city ordinances

Explanation :

Explanation Criminal cases: Offense: imprisonment not more than 6 mos , or fine not more than P1K, or both Damage to property thru criminal negligence where fine is not more than P10k NEXT Q

Q33 :

Q33 Under the Rule on Summary Procedure, before conducting the trial, the court shall call the parties to a ___________________. Hearing Pre-trial Preliminary investigation Preliminary conference

Explanation :

Explanation Applicable rule: Sec. 14, Rule III, Revised Rules of Summary Procedure Preliminary conference Calling of parties by court to take up: Stipulation of facts may be entered into Propriety  of  allowing  accused  to  plead  guilty to lesser offense may be considered Other  matters  as  may  be  taken  up  to  clarify issues  and  to ensure a speedy disposition of case NEXT Q

Q34 :

Q34 During trial, may amendment of the complaint or information be made? No, the accused was already arraigned. Yes, by leave and at the discretion of the court. Yes, in matters of substance. No, to all matters.

Explanation :

Explanation Applicable rule: Sec. 14, Rule 110, RRCP Amendment can still be made after plea: But in form only With leave of court Not causing prejudice to rights of accused . NEXT Q

Q35 :

Q35 In the first form of direct assault, the aim of the offender is to attain any of the purposes of the crimes of __________________. Treason, rebellion Rebellion, sedition Sedition, treason Inciting to rebellion, sedition

Explanation :

Explanation Applicable article: Art. 48, RPC 2 Kinds of Direct Assault (DA) Without public uprising by employing force or intimidation to attain any of purposes of rebellion or sedition . When, without public uprising, offender: ( i ) Attacks (ii) Employs force (iii) Seriously intimidates or seriously resists (iv) Any person in authority or his agent (v) while engaged in performance of official duties or on the occasion thereof (vi) knowing him to be such . NEXT Q

Q36:

Q36 Perpetuation of testimony is found in Rule __________. 132 130 128 134

Explanation :

Explanation Rule 132 – PRESENTATION OF EVIDENCE Rule 130 – Rules of Admissibility Rule 128 – General Provisions Rule 134 – Perpetuation of Testimony NEXT Q

Q37:

Q37 A non-expert may give his opinion regarding the following EXCEPT: The handwriting of a person which he learned to write. The mental sanity of a person with whom he is sufficiently acquainted. Identity of a person with whom he has sufficient knowledge. The handwriting of a person with which he is familiar.

Explanation :

Explanation Applicable rule: Sec. 50, Rule 130, RRE Opinion of ordinary witnesses . — The opinion of a witness for which proper basis is given, may be received in evidence regarding — Identity of person about whom he has adequate knowledge ; Handwriting with which he has sufficient familiarity ; and Mental sanity of person with whom he is sufficiently acquainted . NEXT Q

Q38:

Q38 Which rule has its justification in the spontaneity of the statement? Dying declaration Res gestae Common reputation Hearsay rule

Explanation :

Explanation Res gestae Latin meaning things done rule of evidence that covers words that are so closely associated with an occurrence that the words are considered part of the occurrence and as such their report does not violate the hearsay rule. In order to admit statements as evidence part of the res gestae , the element of spontaneity is critical.

Explanation :

Explanation Res gestae : Test of Spontaneity time that lapsed between occurrence of act or transaction and making of statement; place where statement was made; condition of declarant when he made statement; presence or absence of intervening events between occurrence and statement relative thereto; nature and circumstances of statement itself. NEXT Q

Q39:

Q39 If falsification of a genuine document is committed in order to commit estafa , the proper crime for which the person should be charged is: Other deceits Estafa Falsification Forgery

Explanation :

Explanation Reference: Crimes against Public Interest, RPC As to complexing with Estafa : Estafa cannot be complexed with Falsification of Private document. Reason is because both have common element which is damage Crime is falsification if deception cannot be committed without falsification, i.e. falsification is committed as means to commit estafa . It is estafa if estafa can be committed without necessity of falsifying document. NEXT Q

Q40:

Q40 If A shot B with intent to kill him but without hitting him, then desisted from firing again, he is: Liable for an attempted felony. Liable for a consummated felony. Not liable for an attempted felony. Not liable for any felony.

Explanation:

Explanation If the accused voluntarily desisted i.e he himself decided not to continue with his criminal purpose, then he is not liable. Reason: This is an absolutory cause by way of reward to those who, having set one foot on the verge of crimes, heed the call of their conscience and return to the path of righteousness. The reason for the desistance is immaterial

Explanation:

Explanation Exceptions: when the accused is liable despite his desistance when the act performed prior to the desistance already constituted the attempted stage of the intended felony . For example: the accused, with intent to kill, shot at the victim but missed after which he “desisted”, his acts already constituted attempted homicide

Explanation:

Explanation Exceptions: When the acts performed already gave rise to the intended felony. The decision not to continue is not a legal but factual desistance. As in the case of a thief who returned what he stole. When the acts performed constitute a separate offense. Pointing a gun at another and threatening to kill, and then desisting gives rise to grave threats. NEXT Q

Q41:

Q41 Which of the following is NOT an aggravating circumstance? Nighttime Cruelty Abuse of superior strength Illness that diminishes the exercise of will power

Explanation :

Explanation Illness that diminishes the exercise of will power is a mitigating circumstance. Aggravating Circumstances: Taking advantage of public position Disrespect due to rank, age, sex Abuse of confidence Dwelling Band Uninhabited place Nighttime

Explanation :

Explanation Aggravating Circumstances: Recidivism Reiteracion Habitual delinquency Quasi-recidivism In consideration of a price, reward or promise By means of inundation or fire Evident premeditation

Explanation :

Explanation Aggravating Circumstances: Craft Abuse of superior strength Treachery Ignominy Cruelty Unlawful entry Motor vehicle Organized or syndicated crime group

Explanation :

Explanation Mitigating Circumstances: Incomplete justifying or exempting Under 18 yrs of age or over 70 yrs old No intention to commit so grave a wrong as that committed Sufficient provocation or threat on part of offended party immediately preceded act Immediate vindication of a grave offense

Explanation :

Explanation Mitigating Circumstances: Passion or obfuscation Voluntary surrender/voluntary confession of guilt Illness Analogous circumstances NEXT Q

Q42:

Q42 The method fixed by law for the apprehension and prosecution of one who is charged with a criminal offense and for his punishment if found guilty is: Judgment Conviction Adjudication Criminal procedure NEXT Q

Q43:

Q43 Physical activities or deeds indicating the intention to commit a particular crime is known as _________________ acts. Internal Intentional Overt Deliberate

Explanation :

Explanation Intent is a mental state, the existence of which is shown by the overt act of a person. Overt acts : Are external acts which if allowed to continue its natural course would definitely result into a felony. It is the start of criminal liability because the offender has commenced the commission of an offense with overt acts. NEXT Q

Q44:

Q44 Which of the following is NOT a mitigating circumstance? Fulfillment of duty Lack of intention to commit so grave a wrong Passion or obfuscation Immediate vindication of a grave offense

Explanation :

Explanation Fulfillment of duty is a justifying circumstance . Justifying circumstances: No civil liability except par. 4, Art. 11 (avoidance of evil or injury). The person civilly liable is the one benefited by the act which causes damage to another. Accused must prove existence of justifying circumstances.

Explanation :

Explanation Justifying Circumstances Self- defense Defense of relative Defense of stranger Avoidance of evil or injury Fulfillment of duty/lawful exercise of a right or office Obedience to lawful order NEXT Q

Q45:

Q45 What do you call the suffering undergone by one who commits a crime? Fine Imprisonment Penalty Liability NEXT Q

Q46:

Q46 Snatching is characterized by: Intimidation of persons Abuse of authority Violence of persons Force upon things

Explanation :

Explanation Snatching is in the nature of committing violence of person. Snatching must be coupled with violence of person for crime to be considered as robbery. Otherwise, the crime will be theft. NEXT Q

Q47:

Q47 Which of the following is NOT an element of misprision of treason? The offender __________ Is not a foreigner Owes allegiance to the Philippine government Is a foreigner Conceals knowledge of a conspiracy to commit treason against the Philippine government

Explanation :

Explanation Applicable law: Art. 116, RPC Elements of Misprision of Treason: Offender must be owing allegiance to the government and not a foreigner He has knowledge of any conspiracy to commit treason against the government He conceals or does not disclose and make known the same as soon as possible to governor or fiscal of province or the mayor or fiscal of the city in which he resides NEXT Q

Q48:

Q48 Which of the following is NOT a justifying circumstance? Defense of relative Compulsion of an irresistible force Obedience to a superior order Self- defense

Explanation :

Explanation Compulsion of an irresistible force is an exempting circumstance. Exempting Circumstances There is a crime but no criminal liability, hence, no criminal. There is civil liability except in nos. 4 and 7. Accused must prove existence of exempting circumstance

Explanation :

Explanation Exempting Circumstancces Imbecility and insanity 15 years of age and under (R.A. 9344) Above 15 years but below 18 years of age acting without discernment (R.A. 9344) Accident Compulsion of irresistible force Impulse of an uncontrollable fear NEXT Q

Q49:

Q49 Under the law, __________ and __________ are liable for light offense. Accomplices, accessories Principals, accessories Principals, agents Principals, accomplices

Explanation :

Explanation Applicable law: Art. 7 & Art. 16, RPC Art. 7: Light felonies are punishable only when they have been consummated , with the exception of those committed against person or property . Art. 16: The following are criminally liable for light felonies: Principals Accomplices. NEXT Q

Q50:

Q50 Corruption of minors, as a form of abuse, is punishable under Republic Act ________. 7879 7610 8177 7941

Explanation :

Explanation R.A. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act R.A. 7879 – Conversion of Davao Regional Institute of Fisheries Technology into Davao del Norte State College R.A. 8177 – Lethal Injection R.A. 7941 – Party-List System Act NEXT Q

Q51:

Q51 The following are the elements of the crime of death caused in a tumultuous affray EXCEPT one: That it cannot be ascertained who actually killed the deceased. There are several persons not composing groups organized for the common purpose of assaulting and attacking each other reciprocally. That the person or persons who inflicted serious physical injuries or who use violence cannot be identified. That someone was killed in the course of the affray.

Explanation :

Explanation Elements of Death Caused in Tumultuous Affray: That there be several persons That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally That there several persons quarreled and assaulted one another in a confused and tumultuous manner That someone was killed in the course of the affray That it cannot be ascertained who actually killed the deceased That the person or persons who inflicted serious physical injuries or who used violence can be identified NEXT Q

Q52:

Q52 The obligation imposed upon a party who alleges the existence of a fact or thing necessary in the prosecution or defense of an action to establish it by proof is: Burden of evidence Burden of proof Testimony Fact in issue

Explanation :

Explanation Burden of proof a.k.a. Burden of Persuasion or Risk of Non Persuasion – the duty of the party alleging the case to prove it. lies w/ plaintiff lies too w/ defendant as to his defenses & counter-claim Burden of Evidence a.k.a. Burden of Persuasion or Risk of Non Persuasion – duty of a party to establish prima facie in his favor to overcome a prima facie case against him.

Explanation :

Explanation Burden of Proof vs Burden of Evidence Never shifts but remains constant with party Shifts from one party to other as trial progresses Civil cases: determined by the pleadings Civil cases: determined by the rules of logic

Explanation :

Explanation Who has burden of proof? General Rule: one who loses if no evidence is presented. plaintiff as to his causes of action defendant as to his counterclaim Burden of proof in criminal cases: burden of proving guilt: always the plaintiff/prosecution. If accused sets up affirmative defense , burden is on him to prove such by “clear, affirmative and strong evidence”

Explanation :

Explanation Maxim: EL INCOMBIT PROBOTION QUI DECIT NON QUI NEGAT English meaning: He who asserts, not he who denies, must prove. NEXT Q

Q53:

Q53 No complaint involving any matter within the lupon shall be filed directly in court unless there has been a ___________ be tween parties before the lupon or pangkat . Conversation Cross-examination Confrontation Meeting

Explanation :

Explanation Both terms appear once in P.D. 1508 as repealed by R.A. 7160. Meeting appears in Sec. 4, P.D. 1508 If he fails in his effort within fifteen (15) days from the first meeting of the parties before him....

Explanation :

Explanation Confrontation appears in Sec. 6, P.D. 1508 No complaint, petition, action or proceeding involving any matter within the authority of the Lupon as provided in Section 2 hereof shall be filed or instituted in court or any other government office for adjudication unless there as been a confrontation of the parties.... Confrontation is the term being used upon which the question was quoted. NEXT Q

Q54:

Q54 The criminal action shall be instituted and tried in the court of the territory where the offense was ________________. Extinguished Discovered Started Committed

Explanation :

Explanation Applicable rule: Sec. 15, Rule 110, RRCP Place where action is to be instituted: Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip....

Explanation :

Explanation Place where action is to be instituted: xxx xxx Where an offense is committed on board a vessel in the course of its voyage... Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code.... NEXT Q

Q55:

Q55 When the owner forcibly ejects his lessee for his apartment unit, he is: Liable for grave coercion Liable for unjust vexation Not liable Not liable because he is the owner

Explanation :

Explanation Applicable law: Art. 286, RPC Grave Coercion; Elements That person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong That prevention or compulsion be effected by violence, threats or intimidation That person that restrained will and liberty of another had not authority of law or right to do so, or, in other words, that restraint shall not be made under authority of law or in exercise of lawful right

Explanation :

Explanation Grave Coercion: violence or intimidation Light coercion/unjust vexation: no violence or intimidation NEXT Q

Q57:

Q57 A person who fails to render assistance to someone he has accidentally wounded or injured is liable for: Abandonment Get-away Dereliction of duty Refusal of assistance

Explanation :

Explanation Applicable law: Art. 275, RPC: Abandonment of person in danger and abandonment of one's own victim Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. Anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.

Explanation :

Explanation Applicable law: Art. 275, RPC: Abandonment of person in danger and abandonment of one's own victim XXX XXX Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe place. NEXT Q

Q58:

Q58 The private offended shall be required to appear at the pre-trial for the following purposes EXCEPT: Determination of civil liability Hearing the decision Plea bargaining Other matters requiring his presence

Explanation :

Explanation Pre-Trial means before trial. Thus, decision is out of place. Applicable rule: Sec.1, Rule 118 plea bargaining; stipulation of facts; marking for identification of evidence of the parties; waiver of objections to admissibility of evidence; modification of the order of trial if the accused admits the charge but interposes a lawful defense ; and such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. NEXT Q

Q59:

Q59 Evidence of collateral facts or circumstances from which an inference may be drawn as to the probability or improbability of the facts in dispute is: Relevant Direct Circumstantial Material

Explanation :

Explanation Circumstantial evidence A.k.a. Indirect evidence Proof of facts or fact from which taken singly or collectively, the existence of the particular fact in issue maybe inferred or presumed as a necessary or probable consequence. Applies only in criminal cases Governed under Sec. 4, Rule 133, RRE

Explanation :

Explanation Circumstantial evidence Sufficient for conviction: that there be more than one circumstance that the facts from which the inference are derived are proven the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt NEXT Q

Q60:

Q60 Possession of goods, articles, items or anything of value which has been the object of thievery, or robbery is _____________ evidence of fencing. Circumstantial Conclusive Prima facie Direct

Explanation :

Explanation Applicable law: Sec. 5, P.D. 1612, Anti-Fencing Law Presumption of Fencing. — Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing . Prima facie: Latin expression meaning on its first appearance , or at first sight .

Explanation :

Explanation Prima Facie Evidence: Denotes evidence which, if unexplained or uncontradicted , is sufficient to sustain the proposition it supports or to establish the facts, or to counterbalance the presumption of innocence to warrant a conviction of the accused. ( Salonga vs. Cruz- Paño , 134 SCRA 438) NEXT Q

Q61:

Q61 The following are elements of other forms of trespass EXCEPT: The prohibition to enter is manifest. The entrance was made while the premises are uninhabited. The offender enters the open premises or estate of another The trespasser has not secured the permission of the owner or caretaker thereof.

Explanation :

Explanation Elements of Other Forms of Trespass: That the offender enters the closed premises or the fenced estate of another That the entrance is made while either of them is uninhabited That the prohibition to enter be manifest That the trespasser has not secured the permission of the owner or the caretaker thereof NEXT Q

Q62:

Q62 Imputing to innocent person the commission of a crime constitutes: Malicious imputation Slander Incriminatory machination Perjury

Explanation :

Explanation Applicable law: Art. 363, RPC: This refers to acts not constituting perjury but directly tending to cause the false prosecution of another and is limited to “planting evidence” The evidence should not however consist of drug or drug paraphernalia else the act is specifically known as Planting Evidence punished by the Dangerous Drugs Law . NEXT Q

Q63:

Q63 The testimony of Mr. Sisilipsilip that he saw Mr. Siga at the scene of arson but did not see him set fire on the building is ______________. Oral Testimonial Negative Positive

Explanation :

Explanation Positive evidence – when the witness affirms that a fact did or did not occur. Ex: when a witness declares that there was no fight which took place. Negative evidence – when the witness states that he did not see or know the occurrence of a fact. Ex: when the  accused presents witnesses who testify that the accused was at their party when the crime was committed.

Explanation :

Explanation Denials and alibi are negative evidences. The general rule is that positive evidence prevails over negative evidence, or that a positive assertion is given more weight over a plain denial. NEXT Q

Q64:

Q64 Which of the following is NOT an element of infidelity in the custody of official documents? No damage is caused to a third party. The documents were entrusted to the offender by reason of his office. Offender is a public officer. The offender abstracts documents.

Explanation :

Explanation Elements of infidelity in the custody of official documents: Offender is a public officer; He abstracts, destroys or conceals a document or papers; Said document or papers should have been entrusted to such public officer by reason of his office; Damage , whether serious or not, to a third party or to the public interest has been caused NEXT Q

Q65:

Q65 When do crimes punishable by arresto mayor prescribe? In _______ years. One Ten Fifteen Five

Explanation :

Explanation Applicable law: Art. 90, RPC ( Prescription of Crime ). Death, reclusion perpetua or reclusion temporal = 20 yrs Other afflictive penalties = 15 yrs Correctional penalty = 10 yrs Arresto mayor = 5 yrs Libel or other similar offenses = 1 yr Oral defamation and slander by deed = 6 mos Simple slander prescribes in 2 months Grave slander prescribes in 6 months Light offenses = 2 mos

Explanation :

Explanation Applicable law: Art. 92, RPC ( Prescription of Penalty ). Death, reclusion perpetua = 20 yrs Other afflictive penalties = 15 yrs Correctional penalty = 10 yrs Arresto mayor = 5 yrs Light penalties = 1 yr.

Explanation :

Explanation Loss/forfeiture of the power of the state to prosecute offenses after the lapse of the period prescribed by law. Loss/forfeiture of the power of the state to execute penalty after the lapse of the period prescribed by law. 20-yr prescription includes reclusion temporal . 20-yr prescription does not include reclusion temporal . Reclusion temporal is included in other afflictive penalties that prescribe in 15 yrs After 5 yr prescription ( arresto mayor), there is 1 yr ( for libel & similar offenses ), 6 mos ( for oral defamation & slander by deed ), and 2 mos ( for light offenses ) After 5 yr prescription ( arresto mayor), there is only 1 yr ( for light penalties ). Light offenses prescribe in 2 mos. Light penalties prescribe in 1 yr.

Explanation :

Explanation Prescription of Crime: Start From commission of offense or its discovery, if commission is unknown. Not necessary : accused is arrested. Continuing crime — cannot begin to run for there could be no termination of continuity and crime does not end. Crime is discovered by (a) offended party, (b) authorities, or (c) their agents.

Explanation :

Explanation Prescription of Penalty: Start From date culprit evaded service of sentence. Interrupted when convict: Gives himself up Be captured Goes to a foreign country with which we have no extradition treaty Commits another crime before the expiration of the prescription

Explanation :

Explanation When Prescription (of Crime/Penalty) Not Apply Subject goes to another country. Philippines has no extradition treaty. NEXT Q

Q66:

Q66 The following are the kinds of arbitrary detention EXCEPT one: Delay in the delivery of the detained persons Delaying detention Arbitrary detention proper Delaying release

Explanation :

Explanation Kinds of Arbitrary Detention Arbitrary Detention (Proper) – Art. 124, RPC Delay in the delivery of detained persons to the proper judicial authorities – Art. 125, RPC Delaying release – Art. 126, RPC

Explanation :

Explanation Art. 124 – Arbitrary Detention Elements: Offender is a public officer or employee He detains a person Detention is without legal grounds Detention – person is confined or restrained. Detention legal grounds: not committed any crime or, no reasonable ground for suspicion of commission of crime ; not suffering from violent insanity or any other ailment requiring compulsory confinement in hospital.

Explanation :

Explanation Legal Grounds for Detention commission of crime violent insanity or ailment requiring compulsory confinement of patient in hospital Arrest w/o warrant: usual cause of arbitrary detention Arrest Without Warrant, When Lawful (Sec. 5 Rule 113) Personal knowledge is required A crime must in fact or actually have been committed Arrest of escapee

Explanation :

Explanation There is no reasonable ground if officer only wants to know the commission of crime. There is arbitrary detention thru imprudence.

Explanation :

Explanation Art. 125 - Delay in Delivery of Detained Person to Proper Judicial Authorities Elements: Offender is a public officer or employee He has detained a person for some legal ground He fails to deliver such person to the proper judicial authorities within: 12 hrs = light penalties/ their equivalent 18 hrs = corrective penalties/their equivalent 36 hrs = afflictive/capital/ their equivalent

Explanation :

Explanation Proper Judicial Authorities – means the courts of justice or judges or said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense Rights of Person Detained: He shall be informed of the cause of his detention. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel.

Explanation :

Explanation Things to consider under this Article: Offender: private person = illegal detention Detention must be for some legal ground Article 125 not apply = arrest by warrant of arrest Delivery = accusation/charge or filing of information against person Duty of detaining officer = complied with by filing of complaint with judicial authority

Explanation :

Explanation Things to consider under this Article: Article 125 waived = person asks for preliminary examination Violation of Article 125 does not affect legality of confinement under process issued by court Illegality of detention not cured by filing of information in court Fiscal is not liable, unless he ordered detention

Explanation :

Explanation Art. 126. Delaying Release Elements That offender is a public officer or employee There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person The offender without good reason delays: the service of the notice of such order to the prisoner the performance of such judicial or executive order for the release of the prisoner the proceedings upon a petition for the release of such person NEXT Q

Q67:

Q67 When are documentary evidences objected to? During their formal offer Before their formal offer Upon their marking as exhibits Upon their formal offer

Explanation :

Explanation Offer of Evidence: The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified. Testimony = time witness is called to testify Documentary & object = after presentation of party’s testimonial evidence Marking of document as exhibit = not an offer of evidence; formal offer of documentary evidence is done only when party rests its case.

Explanation :

Explanation Objection to Documentary Evidence: Made at the time it is formally offered, not earlier. At the time is synonymous to upon . NEXT Q

Q68:

Q68 When the law punishes the crime with a penalty that in its maximum period is ______________, there exists what we call less grave felonies. Cumulative Afflictive Light Correctional

Explanation :

Explanation Applicable law: Art. 9, RPC Grave felonies = capital punishment or afflictive Less grave felonies = correctional Light felonies = arresto menor or a fine not exceeding 200 pesos or both NEXT Q

Q69:

Q69 In attempted felony, the offender never passes the ___________ phase of the offense. Alternative Subjective Derivative Objective

Explanation :

Explanation Subjective phase From time act is executed until time of last act necessary to produce crime Attempted stage: accused has not yet passed the subjective phase Objective phase portion in commission of crime where accused has performed last act necessary to produce intended crime and where he has no more control over results of his acts . Frustrated stage: accused has passed the subjective phase and is now in the objective phase NEXT Q

Q70:

Q70 Slight physical injuries, a light offense, prescribes in _______________. Three months Six months One year Two months

Explanation :

Explanation Applicable law: Art. 90, RPC ( Prescription of Crime ). Death, reclusion perpetua or reclusion temporal = 20 yrs Other afflictive penalties = 15 yrs Correctional penalty = 10 yrs Arresto mayor = 5 yrs Libel or other similar offenses = 1 yr Oral defamation and slander by deed = 6 mos Simple slander prescribes in 2 months Grave slander prescribes in 6 months Light offenses = 2 mos NEXT Q

Q71:

Q71 To prove beyond reasonable doubt the essential elements of the offense with which the accused is charged is on the Judge Prosecution Defense Court

Explanation :

Explanation Who has burden of proof? General Rule: one who loses if no evidence is presented. plaintiff as to his causes of action defendant as to his counterclaim Burden of proof in criminal cases: burden of proving guilt: always the plaintiff/prosecution. If accused sets up affirmative defense , burden is on him to prove such by “clear, affirmative and strong evidence” NEXT Q

Q72:

Q72 If a duplicitous complaint or information is filed, the remedy of the accused is to file a motion to: Re-try Intervene Reconsider Quash

Explanation :

Explanation Applicable rule: Sec. 13, Rule 110, RRCP WHAT IS THE RULE ON DUPLICITY OF OFFENSES? General  rule:  complaint  or  information  must  charge  only  one offense Exception:  when  law  provides  only  one  punishment  for  various offenses (complex & compound crimes under Article 48 of RPC & special complex crimes)

Explanation :

Explanation WHAT IS THE EFFECT OF THE FAILURE OF THE ACCUSED TO OBJECT TO A DUPLICITOUS INFORMATION? Right  is deemed waived, and he may be convicted of as many offenses as there are charged. WHAT IS  THE REMEDY OF AN ACCUSED IN CASE OF DUPLICITOUS OFFENSES CHARGED AGAINST HIM? Motion to quash NEXT Q

Q73:

Q73 After recording the proceedings of a trial, the stenographer can make a ______________ thereof. Statement Recording Copy Transcript

Explanation :

Explanation Applicable rule: Sec. 7, Rule 122, RRCP Transcribing and filing notes of stenographic reporter upon appeal NEXT Q

Q74:

Q74 Any article or object which may be known or perceived by the use of any of the senses qualify as _________________ evidence. Relevant Indispensable Object Material

Explanation :

Explanation Object Evidence: Addressed to sense of court When exhibited or viewed by court: relevant to fact in issue A.k.a. Real evidence Demonstrative evidence 310 NEXT Q

Q75:

Q75 As investigator, for what crime/crimes will you charge Piolo , Jericho and Diether ? None. Illegal possession of firearm as to Piolo and Jericho and none as to Diether . Illegal possession of firearm and deadly weapon. None because the implements were not used to commit an offense

Explanation :

Explanation Applicable law: Art. 8, RPC Conspiracy to commit a crime: to wait in ambush for Ryan’s group P.D. No. 9 Illegal possession deadly weapons R.A. No. 8294, amending P.D. No. 1866 Illegal possession of firearms NEXT Q

Q76:

Q76 Is the search legal? Yes. Yes, as to Piolo and Jericho, because of possession of unlicensed firearms is illegal per se though it is questionable if the possession of screwdriver by Diether can be considered as criminal. No, because the traffic enforcers does not have any warrant. No, because they were not committing an offense while inside the taxicab.

Explanation :

Explanation This is a case of stop and frisk which is included in the allowable search and seizure without a warrant. MANALILI V. COURT OF APPEALS - 280 SCRA 400 NEXT Q

Q77:

Q77 As investigator, if homicide is committed with the use of unlicensed firearm, is it correct to also charge the person for illegal possession of firearms? Yes, they are separate crimes. No, he should not be charged for any crime. No, because the law provides that the use of unlicensed firearm in such instance shall be considered as an aggravating circumstance. Yes, because the crime of homicide is under the RPC while possession of unlicensed firearm is under special law.

Explanation :

Explanation With the passage of Republic Act No. 8294 on June 6, 1997, the use of an unlicensed firearm in murder or homicide is now considered, not as a separate crime, but merely a special aggravating circumstance. G.R. No. 131592-93. February 15, 2000 R.A. No. 8294 "If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. NEXT Q

Q78:

Q78 Illegal possession of firearms is currently punished under what law? B.P. 8 R.A. 8294 R.A.6425 P.D. 603 NEXT Q

Q79:

Q79 For search to be considered incident of the arrest, it should be made at the place where the: Contraband was found Police station is located Arrest was effected Crime was failed NEXT Q

Q80:

Q80 When evidence is presented to vary the terms of a written agreement, there is the application of the ______________ evidence rule. Documentary Best Written Parol NEXT Q

Q81:

Q81 The following are the rights of a witness under the Rules EXCEPT: To be examined only as to matters pertinent to the issue. Not to give an answer which will tend to subject him to a penalty for an offense. To remain silent. To be protected from irrelevant questions. NEXT Q

Q82:

Q82 The complaint or information should state the following, EXCEPT a . designation of the offense by the statute b . name of the offended party c . name of the accused d . name of the court

Explanation :

Explanation Applicable rule: Sec. 6, Rule 110, RRCP Sufficiency of complaint or information: Name of accused Designation of offense given by statute acts or omissions complained of as constituting offense name of offended party approximate date of commission of offense place where offense was committed. NEXT Q

Q82:

Q82 One of the following is not a requisite for presentation of secondary evidence. a. The original document is available if offeror produces it. b . The original document existed and has been duly executed. c . It has been lost, destroyed or cannot be produced in court. d . If there are several original copies, all must be accounted for.

Explanation :

Explanation Requisites for Presentation of Secondary Evidence: The original document existed and has been duly executed , It has been lost, destroyed or cannot be produced in court, It is unavailable without bad faith on the part of the offeror , and If there are several original copies, all must be accounted for . NEXT Q

Q83:

Q83 A prosecutor received a sum of money in return for refraining to prosecute a crime where the imposable penalty is Reclusion Perpetua . What is the crime committed? a . Direct bribery b. Qualified bribery c . Corruption of public official d . Indirect bribery

Explanation :

Explanation Applicable law: Arts. 210, 211, 211-A, & 212, RPC Art. 210 – Direct Bribery By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present – and act constituting crime, in connection w/ performance of his official duties. By accepting gift in consideration of execution of act w/c does not constitute crime, in connection with performance of his official duty. By agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of gift or promise.

Explanation :

Explanation Art. 210 – Direct Bribery: Elements That offender be PO w/ scope of Art. 203 That offender accepts offer or promise or receives gift or present by himself or thru another That such offer or promise be accepted, or gift or present received by public officer: with a view to committing some crime; or in consideration of execution of act w/c does not constitute crime, but act must be unjust to refrain from doing something which it is his official duty to do

Explanation :

Explanation Art. 210 – Direct Bribery: Elements That act w/c offender agrees to perform or w/c he executes be connected w/ performance of his official duties

Explanation :

Explanation Art. 210 – Indirect Bribery: Elements That offender is PO That he accepts gifts That said gifts are offered to him by reason of his office

Explanation :

Explanation Direct Bribery Indirect Bribery In both, the public officer receives a gift There is agreement between PO & giver Usually, no such agreement exists Offender agrees to perform or performs act or refrains from doing something, because of gift or promise. It is NOT necessary that PO should do any particular act or even promise to do any act, as it is enough that he accepts gifts offered to him by reason of his office.

Explanation :

Explanation Art. 211-A – Qualified Bribery: Elements That offender is PO or entrusted w/ law enforcement That offender refrains from arresting or prosecuting offender who has committed crime punishable by RP &/or death That offender refrains from arresting or prosecuting offender in consideration of any promise, gift or present

Explanation :

Explanation Art. 212 – Corruption of Public Officials: Elements That offender offers or promises or gives gifts or presents to PO That offers or promises are made or gifts or presents given to public officer, under circumstances that will make public officer liable for direct bribery or indirect bribery

Explanation :

Explanation Art. 212 – Corruption of Public Officials: Important notes Offender in this art. is giver or offeror The PO sought to be bribed, is not criminally liable, unless he accepts gift or consents Bribery is usually proved by evidence acquired in entrapment NEXT Q

Q84:

Q84 Bail is a matter of discretion a . Before conviction by the MTC b . Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua , or life imprisonment c . After conviction by the MTC d . Before conviction by the RTC of an offense not punishable by death, reclusion perpetua , or life imprisonment .

Explanation :

Explanation Applicable rule: Sec. 4 & 5, Rule 114, RRCP Bail, a matter of right Before/after conviction by MeTC , MTC, MTCC, or MTCC Before conviction by RTC of offense not punishable by death, reclusion perpetua , or life imprisonment

Explanation :

Explanation Applicable rule: Sec. 4 & 5, Rule 114, RRCP Bail, a matter of discretion Upon conviction by RTC of offense not punishable by death, reclusion perpetua , or life imprisonment NEXT Q

Q85:

Q85 The quality of evidence necessary for a court to affirm a decision of an administrative body. It is more popularly known as substantial evidence. Admissibility of evidence Conditional admissibility of evidence Probative value of evidence Quantum of evidence

Explanation :

Explanation Substantial evidence: For cases in administrative or quasi-judicial bodies. Amount of relevant evidence w/c a reasonable mind might accept as adequate to justify a conclusion. Less than preponderance of evidence NEXT Q

Q86:

Q86 The robbers enter the house. Upon entering through the window, one of the robbers stepped on and killed a child less than 3 days old. The crime is: Robbery Robbery with abortion Robbery with infanticide Robbery with homicide

Explanation :

Explanation Applicable law: par. 1, Art. 295, RPC Crime defined in this article is a special complex crime. “On the occasion” or “by reason” means that it must be committed in the course of or because of the robbery Robbery and homicide are separate offenses, when the homicide was not committed “on occasion” or “by reason” of robbery

Explanation :

Explanation Applicable law: par. 1, Art. 295, RPC Homicide – should be understood in general sense There is no such crime as robbery Homicide may precede robbery or may occur after robbery with murder NEXT Q

Q87:

Q87 There was a need to put some additional lighting along the streets and no one knows how much it will cost, and an officer was asked to canvass the cost but he connived with the seller of light bulbs pricing each light bulb at P550.00 instead of the actual price P500.00. This is a case of: Illegal exaction Malversation Direct bribery Fraud

Explanation :

Explanation Applicable law: Art. 213, RPC Acts Punishable as Frauds Against Public Treasury: By entering into any agreement w/ any interested party or speculator or making use of any other scheme, to defraud gov’t , in dealing w/ any person w/ regard to furnishing supplies, making of contracts, or adjustment or settlement of accounts relating to property or funds.

Explanation :

Explanation Acts Punishable as Frauds Against Public Treasury: By collecting/receiving, directly/indirectly, by way of payment/otherwise, things/objects of nature different from that provided by law, in collection of taxes, licenses, fees, & other imposts

Explanation :

Explanation Elements of Frauds against Public Treasury: That offender be PO That he should have taken advantage of his office, that is, he intervened in transaction in his official capacity That he entered into agreement w/ any interested party/speculator/made use of any other scheme w/ regard to furnishing supplies, making of contracts, or adjustment/settlement of accounts relating to public property or funds That accused had intent to defraud the gov’t

Explanation :

Explanation Elements of Illegal Exaction: Offender is PO entrusted w/ collection of taxes, licenses, fees & other imposts He is guilty of acts 2, 3 & 4 (above in Acts Punishable as Frauds Against Public Treasury) NEXT Q

Q88:

Q88 The evidentiary fact (the evidence). Factum probandum Factum probans Falsus in uno , falsus in omnibus Force majeure

Explanation :

Explanation Factum Probandum - refers to ultimate fact to be proven, or proposition to be established. That, which party wants to prove to court. E.g.: guilt or innocence; existence of breach of contract; existence of obligation; fact of payment; injury or damage incurred. Factum Probans – refers to evidentiary facts by w/c factum probandum will be proved. Examples: written contract; promissory note to prove existence of unpaid debt.

Explanation :

Explanation Falsus in uno , falsus in omnibus – False in one thing, false in everything. It refers to testimony of a witness who, if shown to have sworn falsely in one thing, may be considered unworthy of belief as to everything he testified. Force majeure – extraordinary events not foreseeable/avoidable, events that could not be foreseen, or which, though foreseen, are inevitable. NEXT Q

Q89:

Q89 The existence of a valid prejudicial question may cause the suspension of the Arraignment Judgment Preliminary investigation Trial

Explanation :

Explanation Applicable rule: Secs . 6 & 7, Rule 111, RRCP May the court motu propio order the dismissal of a criminal action where there is a prejudicial question to be resolved? No, the court can only suspend the criminal action upon a petition but it has no authority to order its dismissal. What is prejudicial question? A prejudicial question is one based on a fact separate and distinct from the crime but is so intimately related to it that it determines the guilt or innocence of the accused .

Explanation :

Explanation What is the rule regarding prejudicial question? In case civil action was instituted ahead of criminal action, same  shall be suspended in whatever stage it may be found & before judgment is merits upon commencement of criminal action. Elements of Prejudicial Question Previously filed civil action involves issue w/c is  similar or is intimately related w/ issue raised in subsequent criminal action Resolution  of issue  will  determine  whether or  not criminal action may proceed NEXT Q

Q90:

Q90 Accused jumped upon a woman and threw her to the ground. Although the accused raised her skirts, he did not make any effort to remove her underwear. Instead, he remove his underwear and placed himself on top of the woman and started performing sexual movements. Thereafter, when he was finished, he stood up and left. The crime committed is: Acts of lasciviousness Attempted rape Forcible abduction Sexual assault

Explanation :

Explanation The overt acts are for acts of lasciviousness only. Acts of Lasciviousness: Art. 336, RPC Act of making physical contact w/ body of another person for purpose of obtaining sexual gratification other than, or w/o intention of,  sexual intercourse . Contact may be by body of accused such as by lips, hands, foot; or by means of any object or instrument. In either case there must be no form of insertion into anus, mouth or sex organ amounting to rape through sexual abuse.

Explanation :

Explanation Acts of Lasciviousness: Art. 336, RPC It is distinguished from Attempted Rape in that there is no intent to have sexual intercourse w/ victim. Intent may be inferred from circumstances of time, place, & occasion, or inferred from nature of act itself. It is distinguished from Unjust Vexation in that there is no lewd design in unjust vexation.

Explanation :

Explanation Acts of Lasciviousness: Art. 336, RPC If acts of lasciviousness (including sexual intercourse) is performed upon a child exploited in prostitution or other sexual abuse (i.e. abuse other than acts of lasciviousness such as when child is subject of obscene publication or pornography or of indecent shows) whether male or female, acts would constitute sexual abuse punished under R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006)

Explanation :

Explanation Kinds of Acts of Lasciviousness Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat, violation, intimidation. The accused may be any person and the victim may be a male or female Consented: (Article 339) if made under circumstances of seduction whether simple or qualified i.e. victim is a female of chaste character over 12 years  but below 18 years, or  a widow there was deceit or abuse of authority, abuse of confidence or abuse of relationship

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