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CRIMINAL JURISPRUDENCE Set 1

The document provides a sample criminology licensure examination with 40 multiple choice questions testing knowledge of criminal jurisprudence and procedure. The questions cover topics like elements of specific crimes, applicable laws, legal definitions, and stages of criminal proceedings.
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100% found this document useful (1 vote)
462 views

CRIMINAL JURISPRUDENCE Set 1

The document provides a sample criminology licensure examination with 40 multiple choice questions testing knowledge of criminal jurisprudence and procedure. The questions cover topics like elements of specific crimes, applicable laws, legal definitions, and stages of criminal proceedings.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CRIMINOLOGISTS Licensure Examination

First Day - 8:00 a.m. – 11:30 a.m.


=================================================

REVIEW QUESTIONS IN
CRIMINAL JURISPRUDENCE AND PROCEDURE SET ONE

INSTRUCTION: Select the correct answer for each of the following questions.
Mark only one answer for each item by marking the box corresponding to the
letter of your choice on the answer sheet provided. STRICTLY NO ERASURES
ALLOWED. Use pencil no. 1 only.

MULTIPLE CHOICE

1. Berto, with evident premeditation and treachery killed his father. What
was the crime committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide

2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on
suspicion that Bitoy keep unlicensed firearms in his home. What was the
crime committed by PO3 Bagsik?
A. Trespass to Dwelling
B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing

3. Charlie and Lea had been married for more than six months. They live
together with the children of Lea from her first husband. Charlie had
sexual relationship with Jane, the 14 year old daughter of Lea. Jane
loves Charlie very much. What was the crime committed by Charlie, if
any?
A. Simple Seduction
B. Qualified Seduction
C. Consented Abduction
D. Rape

4. Prof. Jose gave a failing grade to one of his students, Lito. When the two
met the following day, Lito slapped Prof. Jose on the face. What was the
crime committed by Lito?
A. Corruption of Public Officials
B. Direct Assault

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C. Slight Physical Injuries
D. Grave Coercion

5. A warrant of arrest was issued against Fred for the killing of his parents.
When PO2 Tapang tried to arrest him, Fred gave him 1 million pesos to
set him free. PO2 Tapang refrained in arresting Fred. What was the crime
committed by PO2 Tapang?
A. Indirect Bribery
B. Direct Bribery
C. Corruption of Public Officials
D. Qualified Bribery

6. Which of the following is the exemption to the hearsay rule made under
the consciousness of an impending death?
A. parol evidence
B. ante mortem statement
C. suicide note
D. dead man statute

7. Factum probans means __.


A. preponderance of evidence
B. ultimate fact
C. evidentiary fact
D. sufficiency of evidence

8. It refers to family history or descent transmitted from one generation to


another.
A. inheritance
B. heritage
C. pedigree
D. culture

9. The authority of the court to take cognisance of the case in the first
instance.
A. Appellate Jurisdiction
B. General Jurisdiction
C. Original Jurisdiction
D. Exclusive Jurisdiction

10. A person designated by the court to assist destitute litigants.


A. Counsel de officio
B. Attorney on record
C. Attorney at law
D. Special counsel

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11. Which of the following is not covered by the Rules on Summary
Procedure?
A. Violation of rental laws
B. Violation of traffic laws
C. The penalty is more than six months of imprisonment
D. The penalty does not exceed six months imprisonment

12. It refers to a territorial unit where the power of the court is to be


exercised.
A. jurisdiction
B. jurisprudence
C. venue
D. bench

13. The Anti-Bouncing Check Law.


A. RA 6425
B. RA 8353
C. BP.22
D. RA 6975

14. The taking of another person’s personal property, with intent to gain, by
means of force and intimidation.
A. qualified theft
B. robbery
C. theft
D. malicious mischief

15. Felony committed when a person compels another by means of force,


violence or intimidation to do something against his will, whether right or
wrong.
A. grave threat
B. grave coercion
C. direct assault
D. slander by deed

16. These are persons having no apparent means of subsistence but have the
physical ability to work and neglect to apply himself or herself to lawful
calling.
A. Pimps
B. prostitutes
C. gang members
D. vagrants

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17. A medley of discordant voices, a mock serenade of discordant noises
designed to annoy and insult.
A. Tumultuous
B. charivari
C. sedition
D. scandal

18. The unauthorized act of a public officer who compels another person to
change his residence.
A. violation of domicile
B. arbitrary detention
C. expulsion
D. direct assault

19. The deprivation of a private person of the liberty of another person


without legal grounds.
A. illegal detention
B. arbitrary detention
C. forcible abduction
D. forcible detention

20. An offense committed by a married woman through carnal knowledge


with a man not her husband who knows her to be married, although the
marriage can be later declared void.
A. concubinage
B. bigamy
C. adultery
D. immorality

21. Age of absolute irresponsibility in the commission of a crime.


A. 15-18 years old
B. 18-70 years old
C. 9 years old and below
D. between 9 and 15 years old

22. Those who, not being principals cooperate in the execution of the offense
by previous or simultaneous acts.
A. Accomplices
B. Suspects
C. principal actors
D. accessories

23. The loss or forfeiture of the right of the government to execute the final
sentence after the lapse of a certain time fixed by law.

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A. prescription of crime
B. prescription of prosecution
C. prescription of judgement
D. prescription of penalty

24. A kind of executive clemency whereby the execution of penalty is


suspended.
A. Pardon
B. commutation
C. amnesty
D. reprieve

25. Infractions of mere rules of convenience designed to secure a more


orderly regulation of the affairs of the society.
A. mala prohibita
B. mala in se
C. private crimes
D. public crimes

26. Felony committed by a public officer who agrees to commit an act in


consideration of a gift and this act is connected with the discharge of his
public duties.
A. qualified bribery
B. direct bribery
C. estafa
D. indirect bribery

27. The wilful and corrupt assertion of falsehood under oath of affirmation,
administered by authority of law on a material matter.
A. libel
B. falsification
C. perjury
D. slander

28. Deliberate planning of act before execution.


A. Treachery
B. evident premeditation
C. ignominy
D. cruelty

29. Whenever more than 3 armed malefactors shall have acted together in
the commission of a crime.
A. gang
B. conspiracy

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C. band
D. piracy

30. The failure to perform a positive duty which one is bound to.
A. Negligence
B. imprudence
C. omission
D. act

31. Ways and means are employed for the purpose of trapping and capturing
the law breaker in the execution of his criminal plan.
A. Misfeasance
B. entrapment
C. inducement
D. instigation

32. Those where the act committed is a crime but for reasons of public policy
and sentiment there is no penalty imposed.
A. impossible crimes
B. aggravating circumstances
C. absolutory causes
D. complex crimes

33. One of the following is an alternative circumstance.


A. Insanity
B. intoxication
C. passion or obfuscation
D. evident premeditation

34. If the accused refuse to plead, or make conditional plea of guilty, what
shall be entered for him?
A. a plea of not guilty
B. a plea of guilty
C. a plea of mercy
D. a plea of surrender

35. At what time may the accused move to quash the complaint or
information?
A. at any time before his arrest
B. only after entering his plea
C. any time before entering his plea
D. Monday morning

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36. The process whereby the accused and the prosecutor in a criminal case
work out a mutually satisfactory disposition on the case subject to court
approval.
A. Arraignment
B. plea bargaining
C. preliminary investigation
D. trial

37. The security given for the release of a person in custody, furnished by him
or a bondsman, conditioned upon his appearance before any court as
required under the conditions specified by law.
A. Subpoena
B. recognizance
C. bail
D. warrant

38. The examination before a competent tribunal, according to the laws of the
land, of the acts in issue in a case, for the purpose of determining such
issue.
A. Trial
B. Arraignment
C. pre-trial
D. judgment

39. The adjudication by the court that the accused i9s guilty or is not guilty of
the offense charged, and the imposition of the proper penalty and civil
liability provided for by law on the accused.
A. trial
B. Pre-trial
C. Arraignment
D. Judgment

40. It is an inquiry or proceeding for the purpose of determining whether


there is sufficient ground to engender a well founded belief that an
offense has been committed and the offender is probably guilty thereof
and should be held for trial.
A. pre-trial
B. arraignment
C. preliminary investigation
D. plea bargaining

41. It is evidence of the same kind and to the same state of facts.
A. secondary evidence
B. prima facie evidence

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C. corroborative evidence
D. best evidence

42. It is that which, standing alone, unexplained or uncontradicted is sufficient


to maintain the proposition affirmed.
A. secondary evidence
B. prima facie evidence
C. corroborative evidence
D. best evidence

43. A form of evidence supplied by written instruments or derived from


conventional symbols, such as letters, by which ideas are represented on
material substances.
A. documentary evidence
B. testimonial evidence
C. material evidence
D. real evidence

44. When the witness states that he did not see or know the occurrence of a
fact.
A. positive evidence
B. corroborative evidence
C. secondary evidence
D. negative evidence

45. Personal property that can be subjects for search and seizure.
A. used or intended to be used as means in committing an offense
B. stolen or embezzled and other proceeds or fruits of the offense
C. subject of the offense
D. all of the above

46. All persons who can perceive and perceiving, can make known their
perception to others.
A. Suspects
B. witnesses
C. victims
D. informers

47. The unlawful destruction or the bringing forth prematurely, of human


fetus before the natural time of birth which results in death.
A. abortion
B. infanticide
C. murder

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D. parricide

48. Felony committed when a person is killed or wounded during the


confusion attendant to a quarrel among several persons not organized
into groups and the parties responsible cannot be ascertained.
A. alarm and scandal
B. mysterious homicide
C. death under exceptional circumstances
D. tumultuous affray

49. A question which arises in a case the resolution of which is the logical
antecedent of the issue involved in said case and the cognisance of which
pertains to another tribunal.
A. legal question
B. juridical question
C. prejudicial question
D. judicial question

50. The offender has been previously punished for an offense to which the
law attaches an equal or greater penalty or two or more crimes to which it
attaches a lighter penalty.
A. reiteracion
B. recidivism
C. quasi-recidivism
D. habitual delinquency

51. An act or omission which is a result of a misapprehension of facts that is


voluntary but not intentional.
A. impossible crime
B. mistake of facts
C. accidental crime
D. complex crime

52. Infanticide is committed by killing a child not more than….


A. 36 hours
B. 24 hours
C. 48 hours
D. 72 hours

53. Ignorance of the law excuses no one from compliance therewith.


A. ignorantia legis non excusat
B. parens patriae
C. res ipsa loquitur
D. dura lex sed lex

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54. An act which would be an offense against persons or property if it was not
for the inherent impossibility of its accomplishment.
A. compound crime
B. impossible crime
C. complex crime
D. accidental crime

55. The law which reimposed the death penalty.


A. RA 5425
B. RA 8553
C. RA 7659
D. RA 8551

56. One who is deprived completely of reason or discernment and freedom of


the will at the time of the commission of the crime.
A. discernment
B. insanity
C. epilepsy
D. imbecility

57. The quality by which an act may be subscribed to a person as its owner or
author.
A. responsibility
B. duty
C. guilt
D. imputability

58. Something that happen outside the sway of our will, and although it
comes about through some acts of our will, lies beyond the bounds of
humanly foreseeable consequences.
A. fortuitous event
B. fate
C. accident
D. destiny

59. A sworn written statement charging a person with an offense, subscribed


by the offended party, any peace officer or other public officer charged
with the enforcement of the law violated.
A. subpoena
B. information
C. complaint
D. writ

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60. This right of the accused is founded on the principle of justice and is
intended not to protect the guilty but to prevent as far as human agencies
can the conviction of an innocent person.
A. right to due process of law
B. presumption of innocence
C. right to remain silent
D. right against self-incrimination

61. Known in other countries as the body of principles, practices, usages and
rules of action which are not recognized in our country.
A. penal laws
B. special laws
C. common laws
D. statutory laws

62. Circumstances wherein there is an absence in the agent of the crime any
of all the conditions that would make an act voluntary and hence, though
there is no criminal liability there is civil liability.
A. Exempting
B. alternative
C. justifying
D. aggravating

63. Circumstances wherein the acts of the person are in accordance with the
law, and hence, he incurs no criminal and civil liability.
A. exempting
B. alternative
C. justifying
D. aggravating

64. When the offender enjoys and delights in making his victim suffers slowly
and gradually, causing him unnecessary physical pain in the
consummation of the criminal act.
A. Ignominy
B. cruelty
C. treachery
D. masochism

65. One, who at the time of his trial for one crime shall have been previously
convicted by final judgment of another crime embraced in the same title
of the Revised Penal Code.
A. Recidivism

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B. habitual delinquency
C. reiteracion
D. quasi-recidivism

66. Alevosia means


A. Craft
B. treachery
C. evident premeditation
D. cruelty

67. The law hears before it condemns, proceeds upon inquiry and render
judgment after a fair trial.
A. ex post facto law
B. equal protection of the law
C. rule of law
D. due process of law

68. A person if within a period of 10 years from the date of his release or last
conviction of the crime of serious or less serious physical injuries, robbery,
theft, estafa or falsification, he is found guilty of any of the said crimes a
third time or oftener.
A. Recidivist
B. quasi-recidivist
C. habitual delinquent
D. hardened criminal

69. A kind of evidence which cannot be rebutted or overcome.


A. Primary
B. Best
C. Secondary
D. Conclusive

70. A kind of evidence which cannot be rebutted or overcome.


A. Primary
B. Best
C. Secondary
D. Conclusive

71. These questions suggest to the witness the answers to which an


examining party requires.
A. leading
B. misleading
C. stupid
D. hearsay

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72. A method fixed by law for the apprehension and prosecution of persons
alleged to have committed a crime, and for their punishment in case of
conviction.
A. Criminal Law
B. Criminal Evidence
C. Criminal Procedure
D. Criminal Jurisprudence

73. The period of prescription of crimes punishable by death.


A. 20 years
B. 15 years
C. 10 years
D. 40 years

74. Persons who take direct part in the execution of a crime.


A. Accomplices
B. Accessories
C. Instigators
D. Principals

75. A crime against honor which is committed by performing any act which
casts dishonor, discredit, or contempt upon another person.
A. libel
B. slander by deed
C. incriminating innocent person
D. intriguing against honor

76. The improper performance of some act which might lawfully be done.
A. misfeasance
B. malfeasance
C. nonfeasance
D. dereliction

77. A sworn statement in writing, made upon oath before an authorized


magistrate or officer.
A. subpoena
B. writ
C. warrant
D. affidavit

78. Any other name which a person publicly applies to himself without
authority of law.
A. alias

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B. common name
C. fictitious name
D. screen name

79. A special aggravating circumstance where a person, after having been


convicted by final judgment, shall commit a new felony before beginning
to serve such sentence, or while serving the same.
A. quasi-recidivism
B. recidivism
C. reiteracion
D. charivari

80. Which of the following is not a person in authority?


A. Municipal mayor
B. Private School Teacher
C. Police Officer
D. Municipal Councilor

81. In its general sense, it is the raising of commotions or disturbances in the


State.
A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat

82. The length of validity of a search warrant from its date.


A. 30 days
B. 15 days
C. 10 days
D. 60 days

83. The detention of a person without legal grounds by a public officer or


employee.
A. illegal detention
B. arbitrary detention
C. compulsory detention
D. unauthorized detention

84. A breach of allegiance to a government, committed by a person who owes


allegiance to it.
A. treason
B. espionage
C. rebellion
D. coup d’ etat

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85. A building or structure, exclusively used for rest and comfort.
A. sanctuary
B. prison
C. jail
D. dwelling

86. The mental capacity to understand the difference between right and
wrong.
A. treachery
B. premeditation
C. recidivism
D. discernment

87. Conspiracy to commit this felony is punishable under the law.


A. Estafa
B. Murder
C. Rebellion
D. Rape

88. It means that the resulting injury is greater than that which is intended.
A. Aberratio ictus
B. Error in personae
C. Dura Lex Sed lex
D. Praeter Intentionem

89. It means mistake in the blow.


A. Aberratio Ictus
B. Error in Personae
C. Dura lex sed lex
D. Praeter Intentionem

90. A stage of execution when all the elements necessary for its execution
and accomplishment are present.
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished

91. An act or omission which is the result of a misapprehension of facts that is


voluntary but not intentional.
A. Absolutory Cause
B. Mistake of facts
C. Conspiracy

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D. Felony

92. Crimes that have three stages of execution.


A. Material
B. Formal
C. Seasonal
D. Continuing

93. Felonies where the acts or omissions of the offender are malicious.
A. Culpable
B. Intentional
C. Deliberate
D. Inculpable

94. It indicates deficiency of perception.


A. Negligence
B. Diligence
C. Imprudence
D. Inference

95. Acts and omissions punishable by special penal laws.


A. Offenses
B. Misdemeanours
C. Felonies
D. Ordinances
96. A character of Criminal Law, making it binding upon all persons who live
or sojourn in the Philippines.
A. General
B. Territorial
C. Prospective
D. Retroactive

97. A legislative act which inflicts punishment without judicial trial.


A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law
98. The taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
A. Search
B. Seizure
C. Arrest
D. Detention

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99. Pedro stole the cow of Juan. What was the crime committed?
A. Robbery
B. Farm Theft
C. Qualified Theft
D. Simple Theft

100. Pedro, a 19 year old man had sexual intercourse with her 11 year old
girlfriend without threat, force or intimidation. What was the crime
committed?
A. Child rape
B. Qualified Rape
C. Statutory Rape
D. None of these

- End of Set One -

Page 17
Criminal Jurisprudence & Procedure Set 1

1. B 34. C 67. C
2. B 35. B 68. D
3. B 36. C 69. D
4. D 37. A 70. A
5. D 38. D 71. C
6. C 39. C 72. A
7. C 40. C 73. D
8. C 41. B 74. B
9. A 42. A 75. B
10. C 43. D 76. D
11. C 44. D 77. C
12. C 45. B 78. A
13. B 46. A 79. C
14. B 47. D 80. A
15. D 48. C 81. C
16. B 49. A 82. B
17. C 50. B 83. A
18. A 51. D 84. D
19. C 52. A 85. D
20. C 53. B 86. C
21. A 54. C 87. D
22. D 55. D 88. A
23. D 56. D 89. C
24. A 57. C 90. B
25. B 58. C 91. A
26. C 59. B 92. B
27. B 60. C 93. A
28. C 61. A 94. A
29. C 62. C 95. A
30. B 63. B 96. A
31. C 64. A 97. C
32. B 65. B 98. C
33. A 66. D 100 C

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Maharlika Page 19

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