1 Flashcards
(38 cards)
“Aberratio ictus” in which the perpetrator is criminally liable means:
a. Mistake in identity
b. Mistake in the blow
c. results are less than intended
d. result is greater than intended
B. Mistake in the blow
What acts punishable by law are either intended to directly impute to an innocent person the commission of a crime or which are calculated to blemish the honor or reputation of a person by means of intrigue?
a. Oral defamation
b. blackmail
c. slander
d. incriminatory machinations
d. incriminatory machinations
A, with intent to kill B, fired a revolver at B. He inflicted a fatal wound. A brought B to a hospital, and due to timely of medical assistance, B survived. What crime did A commit?
a. physical injuries
b. attempted felony
c. frustrated felony
d. no criminal liability
c. frustrated felony
Breach of allegiance to a government, committed by a person who owes allegiance to it.
a. treason
b. adherence to the enemy
c. Espionage
d. levying war
a. treason
What is the order in writing issued from in the name of the People of the Philippines, signed by a judge and directed to a peace officer commanding him to search for personal property described therein and bring it before the court.?
a. warrant of arrest
b. search warrant
c. Subpoena
d. summons
b. search warrant
It requires the concurrence of two things, that there being an actual assembly of men and for such purpose of executing a treasonable design by force.
a. Aid or comfort
b. adherence to the enemy
c. Levying war
d. all of the foregoing
c. Levying war
Under the new Constitution, who is empowered to order or change the venue or place of trial in order to avoid miscarriage of justice?
a. executive judge
b. supreme court
c. regional trial courts
d. regional state prosecutor
b. supreme court
What rule is observed when generally, there can be no evidence of a writing, the contents of which is the subject matter of inquiry?
a. secondary evidence
b. parole evidence
c. corollary evidence
d. best evidence
d. best evidence
What kind of executive clemency wipes away the guilt of the convicted person, subject to the three limitations to be executed by the President?
a. pardon
b. amnesty
c. reprieve
d. penalty
a. pardon
A person having knowledge of the plans to commit treason and fails to disclose such information to the governor, fiscal or mayor is guilty of what crime?
a. treason
b. conspiracy to commit treason
c. Espionage
d. Misprision of Treason
d. Misprision of Treason
What crime is committed when the offender, acting under a single criminal resolution, commits a series of acts at the same place at about the same penal provision?
a. composite
b. compound
c. Continuing
d. complex
c. Continuing
In what instance can alibi (the weakest defense) acquire commensurate strength in evidential value?
a. when it changes the burden of proof
b. when evidence for the prosecution is strong
c. where no positive and proper identification has been satisfactorily made
d. when questions on whether or not accused committed the offense is clear
c. where no positive and proper identification has been satisfactorily made
It is a forcible depredation on the high seas without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.
a. Mutiny
b. piracy
c. Espionage
d. Sedition
b. piracy
What is that rule where an offended party can intervene in the proceeding personally or through a counsel?
a. Miranda rule
b. rule of facilitation
c. rule of intervention
d. rule of reservation
c. rule of intervention
Which among the following instances is an example of a qualifying circumstance to a crime of murder?
a. Recidivism
b. Insanity
c. Treachery
d. intoxication
c. Treachery
Refers to resistance to a superior officer, or the raising of commotions and disturbance on board a ship against authority of the commander.
a. mutiny
b. piracy
c. Espionage
d. Sedition
a. mutiny
What kind of motion may be availed of anytime before arraignment ?
a. motion to dismiss
b. motion for review
c. motion for reconsideration
d. motion to quash
d. motion to quash
What would be the nature of action for a person over nine years of age and under fifteen to incur criminal liability?
a. act with discernment
b. act carelessly or negligently
c. show criminal intent
d. show malice
a. act with discernment
Who is a person in authority among the following?
a. police officer
b. barangay captain
c. MMDA enforcer
d. barangay tanod
a. police officer
How should the plea to a complaint or information be made by the accused?
a. personally, in open court and of the record
b. by the approval of the court and upon written request by the accused
c. through counsel in open court and on the record
d. personally by written motion
b. by the approval of the court and upon written request by the accused
Situation 1 - A and B are neighbors. During a drinking spree, A punched B without any provocation. B’s injury required medical attendance for a period of seven (7) days. Immediately thereafter SPO1 Anga whose help was sought by B, took the statement of B and did not know what to do. What crime was committed by A?
a. slight physical injuries
b. serious physical injuries
c. ill treatment
d. less serious physical injuries
b. serious physical injuries
Considering the nature of the offense committed by A, SPO1 T. Anga should:
a. Instruct B to file the matter first before the barangay
b. File the case directly with the court
c. File the case before the prosecutor’s office
d. File the case himself before the barangay court
a. Instruct B to file the matter first before the barangay
Assuming that the result of the action of A was death, instead of mere physical injuries against B, SPO1 T. Anga should, in his investigation and report concentrate and stress on:
a. Whether or not A was drunk at the time
b. M. The Barangay Court has no jurisdiction over the case
c. Whether or not B was also drunk
d. None of the above
c. Whether or not B was also drunk
Assuming that A was drunk at the time that he committed the offense, his drunkenness would be considered as:
a. exempting circumstance
b. mitigating circumstance
c. aggravating circumstance
d. alternative circumstance
b. mitigating circumstance
