Criminal Jurisprudence Reviewer for Bera

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Criminal Jurisprudence :

Criminal Jurisprudence Review Questions About the Compiler Let the party begin

Slide 2:

The authority of the court to take cognizance of a case in the first instance is known as: a. General jurisdiction b. Original Jurisdiction c. Appellate jurisdiction d. Delegated jurisdiction melcon s. lapina

Slide 3:

The place of trial for a criminal action is called Territory jurisdiction motion venue melcon s. lapina

Slide 4:

The following are the requisites before a court can validly exercise its jurisdiction, except: a. It must have jurisdiction over the subject matter. b. It must have jurisdiction over the investigation. c. It must have jurisdiction over the territory where the offense was committed. d. It must have jurisdiction over the person of the accused. melcon s. lapina

Slide 5:

A court shall take judicial notice without the introduction of evidence of the following, EXCEPT a. the existence and territorial extent of states b. matters which are capable of unquestionable demonstration c. the laws of nature d. the measure of time melcon s. lapina

Slide 6:

The law expanding the jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts is known as: a. P.D. 1866 b. R.A. 7659 c. P.D. 1508 d. R.A. 7691 melcon s. lapina

Slide 7:

Under the expanded jurisdiction of the Metropolitan Trial Court, it shall exercise exclusive jurisdiction over all offenses punishable with imprisonment. a. not exceeding six months b. not exceeding 4 years and 2 months c. not exceeding six years d. not exceeding 4 years and six months melcon s. lapina

Slide 8:

The Judiciary Reorganization Act is otherwise known as: a. P.D. 1612 b. P.D. 1866 c. B.P. 129 d. R.A. 7965 melcon s. lapina

Slide 9:

F, a clerk of court proposed his love to G, a court stenographer. The latter turned him down and from then on tried to avoid the former. In his ire, F locked G in the courtroom and until she started crying for mercy. F pitied G and allowed her to go. What crime if any was committed? a. No, because there was spontaneous desistance. b. Arbitrary Detention c. Sexual harassment d. Illegal detention melcon s. lapina

Slide 10:

In Metropolitan Trial Courts, the complaint is filed with the a. Office of the Prosecutor b. Office of the President c. Office of the Clerk of Court d. Ombudsman melcon s. lapina

Slide 11:

C, a soldier of the Philippine Army, went home to kill D whom he suspected to have an affair with his wife. This was during World War II. Do civil courts have jurisdiction over crimes committed by a soldier and in times of war? a. No. Military courts have jurisdiction over the crime, it being committed by a soldier b. Yes, following the constitutional provision that civilian authority is supreme over the military. c. No. In times of war, only Military courts are functioning. as such while the case can also be prosecuted in the civil courts, there is hardly any court functioning. d. Yes. Civil courts have concurrent jurisdiction with the military courts, provided that in the place of the commission of the crime no hostilities are in progress and civil courts are functioning. melcon s. lapina

Slide 12:

The following are not subject to the operation of our criminal laws, EXCEPT a. Sovereigns or Heads of States b. Ambassadors c. Charges d’ Affaires d. Consul melcon s. lapina

Slide 13:

F was prosecuted and convicted of a crime in a certain law. A few years after, while the case was pending appeal, the law upon which accused was convicted in the lower court was repealed to the effect that his act was no longer a crime. What is the effect of the repeal? . a. The case should be remanded to the lower court for proper action in light of the new law. b. The accused must be made to serve the minimum of the penalty of the crime he committed. c. The accused must be convicted because the law does not provide for its retroactivity. d. The accused must be acquitted because the offense ceases to be criminal. melcon s. lapina

Slide 14:

The effectivity date of the Revised Penal Code. a. December 8, 1932 b. January 1, 1930 c. December 8, 1930 d. January 1, 1932 melcon s. lapina

Slide 15:

A, an employee of the U.S. Army in the Philippines, attacked B, a prisoner of war. (This was prior to the effectivity of U.S. – Bases Agreement.) When prosecuted for the crime of physical injuries, A argued that the Philippine court has no jurisdiction to try and punish him. Was he correct? a. Yes. The crime committed was related to the performance of his duty. As such, he should be exempt from criminal prosecution under treaty stipulations. b. No. While the case may be covered by treaty stipulations between the Philippines and the U.S., the crime he committed was not related to the performance of his duty. c. Yes. U.S. should have jurisdiction over his case. d. No. Principle of generality applies, that is, all persons within the Philippines are governed by the criminal law regardless of their race, belief, sex, or creed. melcon s. lapina

Slide 16:

Lamenting the suffering of the poor, twenty (20) men broke into an NFA warehouse. Having taken the control of the warehouse, they called the poor to help themselves to all the rice. These 20 robin hoods did not get even a single grain of rice. What crime if any was committed? a. Sedition b. Robbery c. Direct assault d. Grave coercion melcon s. lapina

Slide 17:

The offended spouse should be the one to file the complaint in the crimes of: a. rape b. bigamy c. adultery and concubinage d. acts of lasciviousness melcon s. lapina

Slide 18:

The following offenses shall not be prosecuted except upon a complaint filed by the offended party, or her parents, grandparents, or guardians: a. b & d b. seduction and abduction c. bigamy and simulation of birth d. rape and acts of lasciviousness melcon s. lapina

Slide 19:

A man and a woman entered a movie house and went to the darkest part of the balcony where no one can possibly see them. While there, they undressed themselves and engaged in sexual intercourse. What crime if any was committed? a. No crime. They did the acts not in the public view. b. Prostitution c. Grave scandal d. Acts of lasciviousness melcon s. lapina

Slide 20:

When a public officer performs in his public office an act prohibited by law. a. misfeasance b. malfeasance c. nonfeasance d. dereliction of duty melcon s. lapina

Slide 21:

The right of the State to initiate criminal actions in behalf of incapacitated individuals with no known parent, grandparent or guardian is known as: a. police power b. doctrine of parens patriae c. doctrine of self-preservation d. doctrine of social protection melcon s. lapina

Slide 22:

A certain husband dies before he could institute the criminal action for adultery against his wife and the paramour. The case may a. still be prosecuted b. no longer be prosecuted c. be prosecuted by the husband’s parents d. be prosecuted by the state melcon s. lapina

Slide 23:

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 melcon s. lapina

Slide 24:

What is the general rule on admissibility? a. Evidence on collateral matters may be allowed when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. b. Evidence is admissible when it is relevant to the issue. c. Evidence is admissible when it is not excluded by the law. d. Only relevant evidence is admissible melcon s. lapina

Slide 25:

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. melcon s. lapina

Slide 26:

A law that punishes an act or omission done before the effectivity date of the law. a. Due process of law b. Sunday law c. Bill of attainder d. Expost facto law melcon s. lapina

Slide 27:

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. a. Generality b. Prospectivity c. Territoriality d. Communality melcon s. lapina

Slide 28:

When an information is filed, the Regional Trial Court: a. Can issue a warrant of arrest b. Can not issue a warrant of arrest c. Can conduct the preliminary investigation d. Can conduct summary hearing melcon s. lapina

Slide 29:

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 melcon s. lapina

Slide 30:

The following are the requisites for the issuance of a warrant of arrest, EXCEPT: a. it must be issued upon probable cause b. the probable cause must be personally determined by the judge c. particularly describing the person to be seized d. particularly describing the place to be seized melcon s. lapina

Slide 31:

With regards to issuance of warrant of arrest prosecutors are … a. authorized to issue warrants b. not authorized to issue warrants c. authorized to conduct examination of the complainant d. not authorized to examine the witnesses melcon s. lapina

Slide 32:

A judge hearing a case may or may not take judicial notice of the following, EXCEPT a. The geographical divisions b. Public knowledge c. Things of unquestionable demonstration d. matters which ought to be known to him because of his judicial function melcon s. lapina

Slide 33:

The officer to whom the warrant of arrest was assigned to him for execution shall make a report to the judge who issued the warrant within. a. 15 days from the expiration of the period of execution b. 5 days from the expiration of the period of execution c. 10 days from the expiration of the period of execution d. 20 days from the expiration of the period of execution melcon s. lapina

Slide 34:

Arrest may be made: a. at any time of the day b. at any time of the night c. at any time of the day or night d. none of the above melcon s. lapina

Slide 35:

I was convicted of the crime of robbery and was sentenced to six years imprisonment. After serving the entire term of imprisonment, he was granted absolute pardon. After five years, he was convicted of the crime of theft. Can he be considered a recidivist? a. Yes. Robbery and theft are embraced in the same title. b. No. The absolute pardon given after serving the term of imprisonment relieves him of the effects of the crime. c. No. He is instead a quasi-recidivist. d. Yes. The second crime embraced which is embraced in the same title as the first was committed with the period of five years from his last release. melcon s. lapina

Slide 36:

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. melcon s. lapina

Slide 37:

Capital offense is: a. An offense which is punishable by correctional penalties. b. An offense which is punishable by afflictive penalties c. An offense which under the law existing at the time of its commission and at the time of the application to be admitted to bail may be punished with death. d. An offense which is non-bailable. melcon s. lapina

Slide 38:

At the hearing of an application for admission to bail, the __________ has the burden of showing that the evidence of guilt is strong. a. Defense b. Court c. Prosecution d. Police melcon s. lapina

Slide 39:

The following are the guidelines in fixing the amount of the bail, EXCEPT a. character and reputation of the accused b. probability of the accused appearing in trial c. age and health of the accused d. political belief of the accused melcon s. lapina

Slide 40:

An undertaking that is constituted in lieu of the real property given as security for the amount of the bail is called: a. surety bond b. cash bond c. bail bond d. property bond melcon s. lapina

Slide 41:

Bail bond is cancelled in the following instances, EXCEPT a. surrender of the accused b. pardon of the accused c. acquittal of the accused d. dismissal of the case melcon s. lapina

Slide 42:

The following statements are false, EXCEPT a. the accused must personally enter his plea b. the accused may excuse/waive arraignment c. the accused may enter his plea by counsel d. the accused may be arraigned in a court other than where the case is assigned. melcon s. lapina

Slide 43:

Before arraignment, if the crime charged is vague to the accused he may move for a: a. bill of lading b. bill of particular c. motion to dismiss d. motion to quash melcon s. lapina

Slide 44:

The existence of a valid prejudicial question may cause the suspension of the following, EXCEPT a. judgment b. trial c. preliminary investigation d. arraignment melcon s. lapina

Slide 45:

The accused may move to quash the complaint or information at any time: a. before he enters his plea b. after he enters his plea c. before he moves to dismiss the case d. before judgment melcon s. lapina

Slide 46:

The following grounds are not considered waived even if the accused fails to move to quash the complaint or information, EXCEPT a. lack of jurisdiction b. double jeopardy c. extinction of the offense d. the officer who filed the information lacks authority melcon s. lapina

Slide 47:

The following matters are considered during the pre-trial, EXCEPT a. plea bargaining b. filing a motion for extension c. stipulation of facts d. marking of the evidence melcon s. lapina

Slide 48:

When an accused is discharged as a state witness, this is equivalent to: a. conviction b. acquittal c. commutation d. reprieve melcon s. lapina

Slide 49:

The court may dismiss the case on the ground of insufficiency of evidence. a. on its own initiative after giving the prosecution an opportunity to be heard b. on motion of the accused filed with prior leave of court c. on motion of the accused through counsel d. a and b melcon s. lapina

Slide 50:

A judgment becomes final after ___ days when no appeal has been taken. a. 15 days b. 10 days c. 30 days d. 45 days melcon s. lapina

Slide 51:

A new trial is granted a. before the judgment of conviction becomes final b. after the judgment of conviction becomes final c. after appeal has been taken d. after entry of judgment melcon s. lapina

Slide 52:

What is the duration of reclusion perpetua? a. 20 years and 1 day to 40 years b. 30 years c. 20 years d. no definite duration melcon s. lapina

Slide 53:

Any person who by direct provision of law or by election or by appointment by competent authority is charged with the maintenance of public order and the protection and security of life and property such as a barrio councilman and any person who comes to the aid of a person in authority is considered as what? a. agents of persons in authority b. peace officer c. justice of the peace d. public officer melcon s. lapina

Slide 54:

May a private person be a victim of direct assault? a. no b. yes c. generally no d. generally yes melcon s. lapina

Slide 55:

It is also known as robbery of forcible depredation in the high seas, without lawful authority and done animo furandi and in the spirit and intention of universal hostility committed by persons who are not members of the compliment of a vessel/passengers. a. robbery in the high seas b. piracy c. mutiny d. pirates melcon s. lapina

Slide 56:

Is the unlawful resistance to a superior officer, as the raising of commotions and disturbance on board a ship against the authority of its commander. a. mutiny b. rebellion c. piracy d. robbery on the high seas melcon s. lapina

Slide 57:

It is considered as a crime against National Security. a. infidelity in the custody of prisoners b. espionage c. voluntary surrender d. recidivism melcon s. lapina

Slide 58:

It is considered as a crime against Public Order. a. rebellion b. treason c. misprision of treason d. corruption of public official melcon s. lapina

Slide 59:

Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, is deemed as a. person in authority b. an agent of a person in authority c. public official d. justice of the peace melcon s. lapina

Slide 60:

Attacking, employing force, seriously intimidating, or seriously resisting any person in authority or any of his agent, while engaged in the performance of official duties – constitutes what crime? a. disobedience to persons in authority b. direct assault c. resistance to persons in authority d. indirect assault melcon s. lapina

Slide 61:

Is a form of Alarm and Scandal a. caroling b. charivari c. political campaign d. singing while drinking intoxicating liquour during nighttime melcon s. lapina

Slide 62:

When the killing of a person is not attended by any of the qualifying circumstances, the crime committed is a. murder b. homicide c. parricide d. infanticide melcon s. lapina

Slide 63:

When the victim of the killing is related by blood, in the direct line, to the offender, the crime committed is a. homicide b. parricide c. infanticide d. murder melcon s. lapina

Slide 64:

When the victim of a killing is the spouse of the offender, the crime committed is a. murder b. parricide c. infanticide d. homicide melcon s. lapina

Slide 65:

When the victim of a killing is a child less than 3 days old, the crime committed is a. parricide b. infanticide c. murder d. homicide melcon s. lapina

Slide 66:

When the killing of a person is attended by or with the presence of qualifying circumstance, the crime committed is a. infanticide b. murder c. parricide d. homicide melcon s. lapina

Slide 67:

What are those referred to as “quasi offenses”? a. those punished under Art. 365 of the RPC b. those punished under special penal laws c. those punishable by life imprisonment d. all of the above melcon s. lapina

Slide 68:

What is arresto menor? A penalty of imprisonment with a duration of a. 1 to 30 days b. 6 years c. 6 months d. 60 days melcon s. lapina

Slide 69:

What penalty which has a duration of 6 months and one day to 6 years? a. prision correccional b. arresto menor c. arresto mayor d. prision mayor melcon s. lapina

Slide 70:

The taking of a personal property with intent to gain with the use of force or violence upon persons or thing is called a. larceny b. estafa c. robbery d. theft melcon s. lapina

Slide 71:

What is the crime committed by a person who scrapes the gold or silver content of a coin and collects the same? a. destruction of coins b. mutilation of coins c. forgery d. utterance of false coins melcon s. lapina

Slide 72:

What is the crime committed by a person who performs a highly scandalous act within the knowledge and view of the public which offends decency or good customs? a. alarm and scandal b. grave scandal c. concubinage d. scam melcon s. lapina

Slide 73:

Is the performance of some act which ought not to be done. a. nonfeasance b. malfeasance c. misfeasance d. dereliction of duty melcon s. lapina

Slide 74:

Is the improper performance of some act which might lawfully be done. a. misfeasance b. nonfeasance c. malfeasance d. prevaricacion melcon s. lapina

Slide 75:

Is the omission of some act which ought to be performed. a. nonfeasance b. prevaricacion c. dereliction of duty d. misfeasance melcon s. lapina

Slide 76:

A public officer who receives gifts or presents for the performance of acts related to the exercise of his official duties is liable for what crime? a. corruption of public official b. extortion c. malversation d. bribery melcon s. lapina

Slide 77:

The person giving the gift or making the offer or promise in direct or indirect bribery commits this felony. a. bribery b. corruption of public officials c. dereliction of duty d. malfeasance melcon s. lapina

Slide 78:

It is the deprivation by a public officer of the liberty of a person without any legal ground. a. arbitrary detention b. illegal detention c. commitment d. imprisonment melcon s. lapina

Slide 79:

It is the deprivation by a private person of the liberty of a person without any legal ground. a. arbitrary detention b. unlawful arrest c. illegal detention d. illegal arrest melcon s. lapina

Slide 80:

If there is delay by a public officer in the delivery of detained persons to the proper judicial authorities. For what crime is the public officer liable? a. arbitrary detention b. unlawful arrest c. illegal detention d. illegal arrest melcon s. lapina

Slide 81:

If a public officer prevents or disturbs the ceremonies or manifestation of any religion, he is liable for what crime? a. offending religious feelings b. prevention of peaceful meetings c. interruption of religious worship d. intervention of religious services melcon s. lapina

Slide 82:

If an offender who is previously convicted by final judgment of a felony, commits another felony while serving his sentence – he is considered a a. recidivist b. quasi-recidivist c. felony d. suspect melcon s. lapina

Slide 83:

A public officer who, without any legal ground, shall prohibit or interrupt the holding of a peaceful meeting or dissolve the same is liable for a. prohibition of peaceful meetings b. dissolution of peaceful meetings c. interruption of peaceful meetings d. all of the above melcon s. lapina

Slide 84:

Is a mock serenade of discordant noises made with kettles, tin horns, etc., designed to deride or annoy. a. alarm and scandal b. charivari c. grave scandal d. harana melcon s. lapina

Slide 85:

If a private individual removes a person confined in jail or penal institution or helps in the escape of such person by means of violence, intimidation, bribery or any other means, the crime he committed is a. illegal detention b. arbitrary detention c. infidelity in the custody of prisoners d. delivery of prisoners from jail melcon s. lapina

Slide 86:

If a person who is serving sentence by final judgment involving imprisonment, escapes from prison or evades the service of his sentence. He is liable for what crime? a. infidelity of the custody of prisoners b. premature service of sentence c. violation of service of sentence d. evasion of service of sentence melcon s. lapina

Slide 87:

Who is a vagrant? a. a person who goes from place to place to sell items of various kind. b. a person having no apparent means of subsistence, who has the physical ability to work but neglects to apply himself or herself to some lawful calling. c. a person who works during nighttime whose specific duty is to entertain customers, especially giving them some carnal entertainment. d. a person who is assigned usually at the counter of a night club. melcon s. lapina

Slide 88:

Any person who without authority of law, shall by means of violence, prevent another from doing something not prohibited by law or compel him to do something against his will, whether it be right or wrong. a. threat b. compulsion c. expulsion d. coercion melcon s. lapina

Slide 89:

One of the elements of this is “That the offender makes a threat to commit a wrong, or That the wrong does not constitute a crime.” It is classified as a. light threat b. grave threat c. expulsion d. threat melcon s. lapina

Slide 90:

When the wrong threatened to be inflicted upon the offended party does not amount to a crime, the designation of the offense is a. light threat b. threat c. expulsion d. grave threat melcon s. lapina

Slide 91:

If physical violence or moral pressure is exerted upon a person in a manner that is determined and constant until the unlawful purpose is realized, the crime committed is a. threat b. grave threat c. expulsion d. light threat melcon s. lapina

Slide 92:

Any human conduct which although not productive of some physical or material harm would, however, unjustifiably annoy or vex innocent person is called a. coercion b. unjust vexation c. threat d. grave threat melcon s. lapina

Slide 93:

The unlawful taking, with intent to gain of the personal property of another without the employment of violence or intimidation constitutes what crime? a. robbery b. theft c. qualified theft d. highway robbery melcon s. lapina

Slide 94:

A finder of lost property who fails to deliver the same to the local authorities, commits what crime? a. larceny b. theft c. qualified theft d. robbery melcon s. lapina

Slide 95:

What is the crime committed if the unlawful taking of a personal property belonging to another is committed with grave abuse of confidence? a. qualified theft b. theft c. larceny d. robbery melcon s. lapina

Slide 96:

The act of a person who, with intent to gain for himself or for another, shall by, receives, possesses, keeps, acquires, conceals, or sells or disposes any article, item, or object or anything of value, which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft is called what? a. wholesaling b. fencing c. accessory to the crime of theft d. peddling melcon s. lapina

Slide 97:

Misappropriating or converting, to the prejudice of another money, goods or any other personal property received by the offender in trust or on commission or for administration, or under any other obligation involving the duty to make delivery of, or to return the same even though such obligation be totally or partially guaranteed by a land constitutes what crime? a. estafa b. malversation c. exploitation d. insolvency melcon s. lapina

Slide 98:

It is the crime committed by any person who alters the boundary marks or monuments of towns, provinces or estates, or any other marks intended to designate the boundaries of the same. a. altering boundaries or landmarks b. land grabbing c. squatting d. encroaching melcon s. lapina

Slide 99:

What is the Bouncing Check Law? a. B.P. 22 b. P.D. 22 c. R.A. 22 d. C.A. 22 melcon s. lapina

Slide 100:

It is the systematic aggregate of notions relative to crimes, criminals, penalties and other means of social defense against criminality. a. criminology b. crime analysis c. crime prevention d. criminalization melcon s. lapina

Slide 101:

That branch of municipal law which defines crimes, treats of their nature and provides for their punishment. a. civil law b. criminal law c. remedial law d. political law melcon s. lapina