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CLE QUESTION > CLJ > Flashcards

CLJ Flashcards

1
Q

The PHASE in the commission of the crime when the person is from the point of beginning or within the point where he can still decide to desist or continue the commission of the crime is the __________ phase.

A

Subjective

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2
Q

A person who is committing an act in violation of a special penal law is committing ______

A

An offense

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3
Q

If a person commits an act or omission which is provided by Revised Penal Code as amended or modified, the crime committed or omitted is _________.

A

Felony

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4
Q

JAKE was convicted for several crimes: homicide, the penalty Imposes is minimum of 6 years and 1 day to 8 years: physical injury… 6 months and 1 day to 6 years: and parricide, the penalty is Reclusion Perpetua. Jake should server successive of sentence by serving first the penalty of______________.

A

Reclusion perpetua

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5
Q

Andresis the Philippine Ambassador deployed to the Republic of Japan

From the foregoing situation, suppose that while in the performance of his office, Pinuno committed an act punishable under Philippine penal laws, the characteristics of criminal law be to be applied should be

A

Extra-teritorial (par 4, article 2, RPC)

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6
Q

From the foregoing situation, suppose Andres is Japanese and the Ambassador of Japan to the Philippines. Outside the performance of his public office, Andres committed an act which is punishable under Philippine law, the characteristics of criminal law to be applied should be

A

Prospectivity

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7
Q

From the foregoing situation, suppose that Andres is just an ordinary embassy employee in Japan. He committed a crime in connection with the performance of his official function the act complained of is not yet punishable at the time it was committed. Under our penal system, the applicable characteristics of criminal law are

A

Internationality

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8
Q

Which is the law enacted by Congress that imposes a penalty, other than the Revised Penal Code?

A

Special penal law

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9
Q

Which of the following is NOT a source of criminal law?

A

Resolution

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10
Q

. It is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.

A

Bill of attainder

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11
Q

When the criminal law appears to be capable of being given interpretations which seem to favor or against the accused, such law shall

A

be interpreted in favor of the accused.

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12
Q

The following are elements of frustrated stage in the commission of the crime, EXCEPT__.

A

by reason of spontaneous desistance of the accused

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13
Q

. In Criminal law and Jurisprudence, there are two acts- internal and external act. Which of the two acts is indispensable for the act to be punishable as a crime?

A

External act

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14
Q

There are four (4) acknowledged goals of ___________ as follows: retribution, deterrence, incapacitation, and rehabilitation.

A

Criminal sanction

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15
Q

Our criminal law may be applied extraterritorially which simply means that

A

our criminal law may be applicable even outside of our territory

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16
Q

Purisima is the chief of police in the town of Antipolo. His son Marquez committed murder whom he helped in escaping by providing Marquez money and Car. Is liable as an?

A

Accessory but exempted from liability by virtue of relationship

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17
Q

A is charged of a crime in violation of RA 9262 (Anti-Violence Against Women and Their Children). What is the nature of the crime committed by A?

A

Mala in se

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18
Q

When a Filipino killed a Chinese on board a vessel bearing the flag of Mexico while the vessel is in Philippine waters or territory, may the criminal law of the Philippines apply?

A

Yes, because the killing happened within the Philippine waters or territory

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19
Q

What is this Justifying circumstance wherein the accused, in making the defense, must not be induced by revenge or ill motive?

A

Defense of stranger

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20
Q

The Revised Penal Code serves as the primary source of criminal laws in the Philippines. It took effect on?

A

January 1, 1932

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21
Q

What is this exempting circumstance which is based on impossibility of performance as required by law?

A

Prevention by some lawful or insuperable cause

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22
Q

In the exempting circumstance of compulsion of irresistible force, the physical force must come from the _____.

A

Third person

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23
Q

Basically, there are three fundamental characteristics of criminal law. What characteristics of criminal law states that criminal law is binding on all persons who live or sojourn in the Philippines?

A

Generality

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24
Q

The following are the exemption to the rule of Generality, EXCEPT:

A

President, Prime Minister and Ambassador

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25
Q

Mr. A committed loitering within the vicinity of Isetan Recto on January 12, 2009. June 12, 2009, a city ordinance was passed punishing loitering within the vicinity of Isetan Recto. Can A be held liable for his act of loitering?

A

No, for the act was done prior to the effectivity of the law

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26
Q

What is this exempting circumstance wherein the basis of exemption is the age of the offender?

A

Age of absolute criminal irresponsibility

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27
Q

What legal maxims support the above scenario?

A

Nullum crimen nulla poena sine lege

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28
Q

In the exempting circumstance of compulsion of irresistible force, the irresistible force must be in the form of ______.

A

Physical force

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29
Q

What is this Justifying circumstance wherein the person assaulted is related to the accused by consanguinity within the fourth degree?

A

Defense of relative

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30
Q

.A committed a grave offense, B arrested A without a warrant. Due to the distance from the place of arrest to the office of the Provincial Prosecutor, the Information was filed more than three days after the arrest. A remained under the custody of the police. Suppose that you are B and you are charged with arbitrary detention under Article 125 of the Revised Penal Code. How would you defend yourself?

A

I will invoke the defense of lawful and insuperable cause

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31
Q

Crimes committed within the territorial water of another country can either be triable in that country or in the country where the vessel is registered. What rule provides that a crime committed on board vessel shall be NOT tried in the court of the country having territorial jurisdiction, unless their commission affects the peace and security of the territory or the safety of the state is endangered.

A

French rule

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32
Q

Mistake of facts is distinguished from mistake in identity in that in mistake of facts the

A

Accused is without intention to commit a felony

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33
Q

LINO saw ACE with an angry expression on his face holding a firearm moving towards his direction. When ACE was already near him, LINO picked up 2x2 hard wood and hit ACE on both his arms, resulting injuries to the latter, it was revealed during the investigation that ACE is without bad intention to LINO. LINO was charged for serious physical injuries. This situation fits the principle of

A

Mistake of fact

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34
Q

Things which are wrongful in their nature.

A

mala in se

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35
Q

The moving power which impels one to action for a definite result.

A

Motive

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36
Q

Persons who aid the felons to hide away pieces of evidence or profit from the fruits of the crimes are said to be.

A

Accessories

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37
Q

Whenever a new statute dealing crime establishes conditions more lenient or favorable to the accused, it can be given a

A

Retroactive effect

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38
Q

In criminal law, when one speaks of capital offense, it connotes that an offense wherein the imposable penalty when committed as charged is what?

A

Indivisible

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39
Q

X tried to kill Y by putting in his food a substance which he thought was arsenic (poison) when in fact it was just a sugar. Y was not killed as a consequence. What X did he commit?

A

Impossible crime

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40
Q

Is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts including their (acts) natural course.

A

Subjective phase

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41
Q

In the prescription of an offense, the period of prescription shall start to run on the day on which the crime is what?

A

Discovered

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42
Q

In case of crimes which are subject of special penal laws, what rule of interpretation shall be applied?

A

The rpc will be supplementary to special law

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43
Q

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are:

A

Afflictive

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44
Q

It is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may therefore be put down to the doer as his very own.

A

Imlutability

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45
Q

Acts of a person which are said to be in accordance with the law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.

A

Justifying circumstances

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46
Q

The following are the requisites for self-defense, EXCEPT

A

Lack of intent on the part of the person defending himself.

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47
Q

Those grounds which makes the person not imputable for the offense since there is a wanting in the agent of the crime of the conditions which make the act voluntary or negligent.

A

Exempting

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48
Q

Crimes that have three stages of execution.

A

Material

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49
Q

The following circumstances exempt a person from criminal liability though there is civil liability considering that there is crime committed, EXCEPT:

A

Accident

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50
Q

The following are exempted from criminal liability, EXCEPT:

A

Children over 15 but under 18 who acted with discernmen.

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51
Q

The accused with lewd design brought the woman who is a minor in a secluded place but with the consent of the latter. The accused is liable for the crime of ________.

A

Consented abduction

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52
Q

The crime committed when a person killed his/her illegitimate daughter who is a minor under the circumstances provided by article 247 is ________

A

Parricide

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53
Q

FRANKLIN is the warden of the Pambansang kulungan ng mga Lords (PAKULO) PETER is a detainee, JAYBEE is a convict. JONEL is a Custodial Guard.

From the foregoing situation, suppose that LEILA a very influential private individual arranged with FRANKLIN and JONEL the escape of PETER in exchange for certain consideration, PETER Indeed escaped. Which of the following crime may be committed by FRANKLIN and JONEL?

A

Direct bribery resulting and infidelity in the custody of the prisoner.

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54
Q

From the foregoing situation, supposed Peter escaped through his own efforts from PAKULO through his own efforts without giving consideration to Franklin and Jonel. Did Peter commit any crime?

A

b. No, he did not commit any crime under RPC

Feedback

Peter is just a detainee kaya hindi sya liable sa evasion of service of sentence

Detainee ->tumakas_-> not liable sa evasion of servicee of sentence
Convicted–>tumakas–>liable sa evasion of service of sentence kasi may final jusgment na sya

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55
Q

Manuel entered the house of Lenie by breaking the main door. Once inside, Manuel with intent to gain took the LCD Television.

A

Robbery

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56
Q

A entered the house of B since the door is open. A took the cellphone of B. When A was about to leave the house, B arrived and discovered that his cellphone has been taken by A. The latter brandished a knife against B and was able to speed away. Which is the crime committed by A?

A

Robbery with intimidation of person

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57
Q

Which are the elements of Bigamy?

A

I- That the offender has been legally married.

II- That the marriage has not been legally dissolved.

III- That the offender contracts a second or subsequent marriage.

IV-That the second or subsequent marriage has all the essential requisites for validity.

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58
Q

What is the crime committed If the offender killed a person whose age is LES5 12 years of age?

A

Murder, if not attended by circumstance under article 246

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59
Q

X pointed a gun against his father in order to scare his father to give some money. X’s father gave the money as demanded. What crime was committed by the son?

A

Robbery

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60
Q

.X was caught in the act of pouring gas in the house of another. He was about to strike the match in preparation to set the house on fire when he was stopped by alerted citizens. What crime was committed?*

A

Attempted arson

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61
Q

X told Y, “Let us kill Z!” Y said “No, I don’t want to, mag- isa ka na lang” Here, X is

A

not liable at all

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62
Q

Dr. X had long wanted to kill Y, his lawfully wedded wife. So, one night he mixed whitish substances on the soup of the latter. When the wife had already finished her meal, including the soup with poison, Dr. X had a sudden change of heart and decided to save the life of his wife by employing his knowledge in toxicology. He immediatelyadministered an antidote. The antidote administered by Dr. X prevented the death of the wife who, however, unfortunately became vegetable-like thereafter. What crime was committed by Dr. X?

A

Consummated serious physical injuries

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63
Q

A waylaid B in the hope of getting his watch. But B left his watch in his house. A pointed his gun to B and demanded B to produce the watch. But because B had no watch on him, A let B go home unmolested. What crime was committed by A?

A

Attempted robbery

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64
Q

Anti-Fencing Law will apply only when the valuable articles proceeds from the crime of

A

Theft or robbery

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65
Q

A is a woman. She killed B who is less than three days old and the legitimate child of C.

What is the crime committed by A, if any?

A

Infanticide

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66
Q

Suppose that A killed B. The latter is B’s illegitimate daughter and the age is merely 3 days old. What is the crime of A?

A

Parricide

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67
Q

Joaquin and Yaya Dub were lovers. When Yaya Dub decided to break up with Joaquin, he detained her in his house. Is Joaquin criminally liable?

A

He is criminally liable for Serious Illegal Detention

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68
Q

Lolo killed 11 years old illegitimate granddaughter, Apo. What crime did Lolo commit?

A

Murder

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69
Q

A has grudge against B. He went to the house of B and look for the latter. However, B was on vacation in the province. In his spite, he destroyed the door of B. Later on, he noticed that the door could be useful. So, he brought it to his house. What crime was committed?

A

Theft

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70
Q

Mayor saw A and B boxing each other. He approached the two and identified himself as a mayor and attempted to pacify them whereupon B attacked mayor. C, a bystander came to aid of the Mayor. Upon seeing C helping the mayor, A attacked C. What crime was committed by the one who attacked C?

A

Direct assault

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71
Q

X, a doctor, put a poison on the food of his wife. When she ate the food, moments later, she suffered excruciating pain in the stomach. Seeing her in agony, X got pity on his wife and administered an antidote. Thus, the wife did not die. What crime was committed by X?

A

Serious Physical Injuries

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72
Q

Choose the correct circumstance when a woman may be held liable for rape:

A

When she befriends and puts a sleeping pill in the victims drink to enable her husband to have intercourse with the victim’s.

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73
Q

The following offense cannot be prosecuted de officio without a complaint first filed by the offended party, EXCEPT:

A

Rape

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74
Q

The following are crimes Against National Security and Law of Nations, EXCEPT.

A

Rebellion

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75
Q

Breach of allegiance to a government, committed by a person who owes allegiance to it

A

treason

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76
Q

SPO1 Masinop having authorized by a search warrant, search the house of Mr. Mando N. Ducot. After having discovered the item specified in the warrant, SPO1 Masinop took the same and includes the jewelry box filled with jewelry which is not included in the list of the item to be seized. SPO1 Masinop is:

A

Liable for a crime but not on violation of domicile

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77
Q

The following are crimes against the fundamental law of the States. Which one can be committed by private person?

A

Offending religious feelings

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78
Q

Angelo Vergara not only confessed his membership with the Sparrow unit but also his participation and that of his Group in the killing of SPO2 Manalad while the latter was manning the traffic along C. M. Recto Ave. Manila. Under the facts given, what crime was committed by the former and that of his Group?

A

Murder

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79
Q

This crime is committed by raising publicly and taking arms against government to completely overthrow and supersede said existing government.

A

Rebillion

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80
Q

A swift attack accompanied by violence, intimidation, stealth, directed against duly constituted authorities, public utilities, military camps and installation with or without civilian support for the purpose of diminishing state power.

A

coup d’etat

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81
Q

This is committed by an accountable public officer who, shall appropriate, or shall misappropriate or shall consent, or through abandonment or negligence shall permit another person to take public funds or property.

A

Malversation of public funds

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82
Q

This is committed by any public officer who shall solicit or make immoral advances to a woman under his custody or to other women like the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of a warden or officer.

A

Abuses against chastity

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83
Q

Husband punched and kicked his pregnant wife causing the death of their unborn child is guilty of:

A

Unibtentional abortion

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84
Q

A formal and regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all other conditions.

A

Duel

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85
Q

Refers to a crime committed by any person who threatens another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime.

A

Grave threat

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86
Q

Pedro was able to have carnal knowledge with his girlfriend by promising the latter with marriage, what crime was committed?

A

Seduction

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87
Q

Alfred directed his employee Luz to deliver several pieces of jewelries to his Mother whom he had misunderstanding. The latter no however, pawned the said jewelries and misappropriated the same. What would be the proper offense committed by Luz?

A

Swindling

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88
Q

A and B had a quarrel. A boxed B. A told B, “I will kill you this week”. A bought a firearm. On Friday, he waited for B and shot him but killed C instead. In so far as B is concerned, the crime committed by A is:

A

Atempted murder

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89
Q

Manuel notices his cell phone in the possession of Ruben which was snatched from him three days ago. He confronted the latter and force to get back said cell phone against his will. For what crime or crimes may Manuel be liable for, if he will go to force to get back the same?

A

Coercion

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90
Q

Mr. Tsu a Chinese Businessman paid the Warden for the escape of his brother Chan. The Warden ordered his jail guard to leave the door unlocked so as to facilitate the escape of Mr. Chan. The guard leaves the door unlocked and tells Mr. Chan to escape at mid-night. What crime was committed by the Warden?

A

Direct Bribery

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91
Q

What Crime can be charged against the guard who connives with the prisoner?

A

a. Conniving with or consenting to evasion
b. Infidelity in the custody of prisoners
c. Delivering prisoner from jail
d. A and B
Correct answer
d. A and B

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92
Q

A public officer or a warden who solicits or makes immoral or indecent advances to a woman who is under his custody or wife or daughter of the person under his custody shall be liable for:

A

Abuses against Chastity

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93
Q

Alden Richard, a Mayor of Valenzuela together with engineer Maine Mendoza and Councilor Sipag were surveying the land occupied by informal settlers for government projects and for their relocation. The residents oppose with the plan. Mrs. Lourdes, one of the residents, slapped the face of Mayor Alden when the latter came near. One of the close escorts of the Mayor defends her but Mrs. Lourdes also slapped him and punched as well. For what crime Mrs. Lourdes can be charged for in relation to Mayor Alden?

A

Direct assault

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94
Q

The following are crimes classified as public disorders, EXCEPT.

A

a. Tumults and other disturbances of public order
b. Unlawful use of means of publication and lawful utterances
c. Alarms and scandals
d. Delivering prisoners form Jails
e. None of the choices

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95
Q

Any person directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board or commission, shall be deemed ____?

A

person in authority

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96
Q

Mr. pako while under the influence of liquor fired a gun in the air to proclaim to the people that he is celebrating his birthday. Such act constitutes ___?

A

illegal discharge of firearm

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97
Q

Crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by whom?

A

Offended Spouse

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98
Q

Husband A treating his wife B and his child as a sex object, also forcing to watch obscene indecent shows . Did A committed a crime of Violence Against Women and Their Children?

A

Yes

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99
Q

Within how many days after arraignment and from the date the court acquires jurisdiction over the person of the accused shall order a pre-trial conference

A

30 days

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100
Q

The order of trial is:
*

A

Prosecution, accused, rebuttal and surrebuttal

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100
Q

. Refers to items such as dolls, puppets, drawings, mannequins or any other appropriate demonstrative device to assist him in testimony.
*
0/1
a. Testimonial aids

A

a. Testimonial aids
b. Emotional security items
c. support
d. none of these
Correct answer
a. Testimonial aids

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101
Q

It is the judicial examination and determination of the issue in an action or proceeding, civil or criminal.

A

trial

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102
Q

The party appealing the case shall be called?
*

A

appellant

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103
Q

It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case.

A

Venue

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104
Q

It is the system or criminal procedure which is characterized by secrecy of investigation and the option of the defense and prosecution to appeal.

A

Inquisitorial

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104
Q

Pre-trial process is where the parties stipulate on facts and evidence. What, in general, is the purpose of pre-trial?

A

To determine matters that will promote a fair and expeditious trial of the case

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105
Q

Under the Rules on Summary Procedures, the following pleading are prohibited except:

A
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106
Q

It is a type of a question that can be allowed in all stages of examination of a child, if the same will further the interest of justice.

A

leading questions

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107
Q

In all criminal cases, the accused is presumed innocent. Thus, the prosecution has the burden of proof. Between the accused and the prosecution, who should present the evidence first?

A

The prosecution

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108
Q

Which of the following suggests to the witness the answer which the examining party desires?

A

. Suggestive questions

109
Q

Which of the following is a ground for discharge of an accused to be state witness:

A

a. there is absolute necessity for the testimony of the accused.
b. said accused does not appear to be the most guilty
c. said accused has not been convicted of a crime involving moral turpitud

110
Q
A
110
Q

Is the designation of the party against whom the appeal is taken. He is the opponent of the appellant.

A

. appellee

111
Q

When Bail is a matter of right?
*

A

a. Before or after conviction by the Metropolitan, Municipal or Municipal Circuit trial court.

112
Q

The subject matter of the litigation is the content of a photocopy of a document. What is the best evidence to prove the content of document?

A

The testimony of witnesses to the content of the original document

113
Q

It is the rule which states that if the inculpatory facts and circumstances are capable of two or more interpretation, one which is consistent with the innocence of the accused and the other consistent with his guilt, or they are evenly balanced. The constitutional presumption of innocence should tilt the scale in favor of the accused and he must be acquitted.

A

Hornbook doctrine

113
Q

If an accused person who refuses to plead, a plea of ___ shall be entered.

A

Not guilty

114
Q

When the complaint is vague, the accused may file a motion alleging among others the defect of the complaint or information and the details desired in order to enable him to properly answer and prepare for trial. This motion is known as:

A

motion for bill of particulars

115
Q

The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

A

Dying declaration

116
Q

A move for the annulment of the criminal charge made by an accused is:

A

Motion to quash

117
Q

Which of the following is the exemption to the hearsay rule made under the consciousness of an impending death?

A

Ante mortem statement

118
Q

How much time for counsel de Oficio to prepare for arraignment?
*

A

Reasonable time to consult with the accused as to his plea before proceeding with the arraignment

119
Q

What is the remedy of the accused if the court denies his motion to quash

A

He should plead and proceed to trial

120
Q

Contempt committed in the presence of or so near a court or judge as to obstruct or interrupt proceedings before it.

A

direct contempt

121
Q

The trial court have how many days from the first day of trial to terminate the same?

A

180 days

122
Q

Supreme Court Circular No. 39 promulgate for the purpose of implementing the provisions of

A

D. R.A. 8493 Known as the Speedy Trial Act of 1998

123
Q

One which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated.

A

Misleading question

124
Q

If the objection is overruled the witness ___________.

A

May answer the questions

125
Q

Pursuant to Section 2 of Rule 112 of the Rules of Court, the following officers are authorized to conduct preliminary investigation except?

A

a. Provincial and City Prosecutor
b. Judge MTC/MCTC
c. Regional State Prosecutor
d. Public Attorney’s office
e. b and d
Correct answer
e. b and d

126
Q

Is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.

A

Direct examination

127
Q

Civil liability arising from the offense charged is deemed instituted upon the filing of criminal action in court as provided by Rule 111 of Rules of Court. In what instances can a civil action for recovery of civil liability can be separated?

A

When the offended party waives the civil action;
b. When the offended party reserves his right to institute the civil action;
c. When the institution of the civil action is made prior to the criminal action.
d. all of the choices

128
Q

After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination.

A

D. Re-direct examination

129
Q

Upon the conclusion of the re-direct examination, the adverse party may ____________ the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion.

A

Re-cross examine

130
Q

Z as husband dies before he could institute the criminal action for adultery against his wife and the paramour. The case may:

A

No longer be prosecuted

130
Q

What is the effect of the failure of the accused to be object to duplicitous charges in the information? I. It is a violation of due process of law II. He may be convicted of as many offense as charged III. The right to object is deemed waived

A

II and III

131
Q

If the objection is sustained the witness ____________.

A

Cannot answer the questions

132
Q

Mr. Mabait was arrested for illegal possession of firearms which is considered a low power gun. Considering that the crime is punishable by correctional penalty, within how many hours should that a case be filed to the proper judicial authority?

A

18 hours

133
Q

It refers to the authority or power to hear and decided cases.
*

A

Jurisdiction

134
Q

It refers to the geographical division or territorial limit where the power of the court is exercised and which is jurisdictional in criminal case.

A

Venue

135
Q

It is the sole authority to hear cases to the exclusion of the others

A

Exclusive jurisdiction

136
Q

X was charged before the court. During the pendency of his trial he died. What would be the effect of his death on the case involved and on his criminal liability?

A

The criminal case will be dismissed ad his criminal liability is extinguishe

137
Q

An appeal made to the RTC from decisions of the first level court shall be by:

A

Notice of appeal

138
Q

The application for search warrant may be filed with the following, EXCEPT:

A

a. Any court within whose territorial jurisdiction a crime was committed.
b. Any court within the judicial region where the crime was committed
c. Any Regional Trial Court in the Philippines
d. Any Court Within judicial region where the warrant shall be enforced
Correct answer
c. Any Regional Trial Court in the Philippines

139
Q

After the prosecution rest its case, the case can be dismissed due to insufficiency of evidence by:

A

a. The courts own initiative
b. By the accused through his counsel by Demurrer to evidence
c. By the prosecution on its own initiative
correct answer:
d. a and b only

140
Q

. How do you make an application for search warrant?

A

Upon application with the proper court and heard ex parte

141
Q

Macoy stabbed Vincent. Luckily, Vincent was able to identify his assailant. Upon being rushed to the hospital, SPO4 Lorenzo got the statement of Vincent, Vincent believing at that time that he was at the point of death, confided to SPO4 Lorenzo that Macoy was his assailant. Vincent died a few after hours thereafter. What would be your basis to establish the identity of the assailant and bring him to justice?

A

Dying declaration of Vincent

142
Q

Assume that when Macoy stabbed Vincent, the latter was in a no way to identify Macoy as his assailant. But Vincent nevertheless in his dying state had a strong hunch that it was Macoy alone could have possibly done the stabbing, hence in his declaration to SPO4 Lorenzo, he pointed to Macoy as his aggressor. Vincent died. What will happen to his declaration to SPO4 Lorenzo?

A

It will not be admitted as dying declaration

143
Q

When a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense is impliedly instituted with the criminal action. There are EXCEPTIONS to this rule. Which of the following is NOT an exception?

A

There is prejudicial question

144
Q

Under the Rules on Summary Procedure, the following pleadings are prohibited, except:

A
145
Q

Where and when do you file a petition for suspension of the criminal action based upon the pendency of a prejudicial question?

A

Office of the prosecutor at any time before the prosecution rests

146
Q

At the arraignment of Lito, the accused for the offense of murder, the clerk of court had read the information in a language known to Lito. Upon being asked about his official plea, Lito merely vowed his head (or let us say, makes a condition plea) and said nothing. The judge asked Lito regarding his official plea but Lito merely kept his silence (or say continues to make his conditional plea). What will be the implication of Lito’s silence (or conditional plea)?

A

. A plea of not guilty shall be entered for Lito

147
Q

At the arraignment of Lito, the private offended party is also required by the court to attend thereat. What is the reason for requiring the private offended party to appear at the arraignment?

A

A. for purpose of plea bargaining
B. for purpose of determining civil liability of the accused
C. for purpose of other matters requiring his presence
D. all of the above
Correct answer
D. all of the above

148
Q

Let us assume that in the above case, Lito had appeared at the arraignment and he wanted to admit the commission of the crime only if the offense charged would be lowered to homicide. If this is acceptable to the prosecution, 1. how would you call this scheme and 2. whose consent is necessary so that it may be valid?

A

C. plea bargaining, it needs the consent of the offended party and the prosecutor

149
Q
  1. What do you call that procedure where hearings of testimonies are dispensed with instead only affidavits or counter affidavits of the parties and their witnesses are made in lieu of the former, subject however to cross examination.
A

. summary procedure

150
Q

__________ is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of private individual or entity. It shall cover extralegal killings and enforced disappearances.

A

writ of amparo

151
Q

When the accused interposes self-defense, what is MODIFIED in the court proceedings in so far as the presentation of the witness?

A

The order of presentation of evidence

152
Q

Under the latest amendment to the rules all of the following may conduct preliminary investigation EXCEPT:

A

Judges of the municipal trial courts and municipal circuit trial courts

153
Q

Which of the following is NOT a ground for motion to quash?
*

A

That the court trying the case has jurisdiction over the offense charged

154
Q

Which of the following is true about doubts in criminal case

A

all doubts should be resolved in favor of the accused

155
Q

all doubts should be resolved in favor of the accused

A

court

156
Q

It is the authority of the court to try/hear cases for the first time to the exclusion of other courts.

A

original jurisdiction

157
Q

It is the suffering that is inflicted by the state for the transgression of the law

A

penalty

158
Q

It is tasked for the treatment and rehabilitation of National Prisoner which is under the Department of Justice.

A

BUCOR

159
Q

It refers to the examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action:

A

Search

160
Q

It is sworn written statement charging a person for an offense, subscribed by the offended party, public officers or any peace officer in charge of the law violated.

A

Complaint

161
Q

Who heads the Lupon Tagapamayapa as prescribed in Republic Act 7160?

A

Barangay Chairman

161
Q

What is the antonyms (reverse meaning) of the word arrest?

A

Set free

162
Q

Judgment becomes final when?
*

A

a. the period for perfecting an appeal lapse.
b. when the sentenced is partially of totally satisfied or served.
c. when the accused waived in writing his right to appeal.
d. When he applied for probation.

e. all of these
Correct answer
e. all of these

163
Q

Is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Probable cause).

A

preliminary investigation

164
Q

The trial of a case shall commence with ___ days from receipt of the pre-trial order?

A

30 days

165
Q

This document is required by the Prosecutor’s Office before it can entertain a complaint on a case covered by the Barangay Court.

A

Certificate to file action

165
Q

The Court of Appeals has total of___ justices
*

A

69

166
Q

Any person directly vested with jurisdiction (AOR), whether as an individual or as a member of some court, Government Corporation, board or commission.

A

person in authority

167
Q

When bail is a discretionary?

A

Upon conviction by the RTC not punishable by reclusion perpetua or life imprisonment.

168
Q

What particular provision of the Constitution which mandates the creation of the Commission on Human Rights?

A

Art. XIII, Section 17

169
Q

The discharged of the accused person to stand as the witness to the prosecution will______?

A

operates as an acquittal and shall be a bar to future prosecution of the same offense.

170
Q

Murder is what type of crime according to criminological classification?

A

Extinctive

171
Q

It is conducted for the purpose of expediting the trial of the case which is mandatory in criminal cases

A

pre-trial

172
Q

Upon motion of the proper party, arraignment shall be suspended on the following grounds:

A

a. The accused appears to be suffering from unsound mental condition.
b. there exist a prejudicial question.
c. A petition for review of the resolution of the prosecutor is pending either at the DOJ or office of the President.
d. All of these

173
Q

It is the authority which selects and recommend for the appointment of the members of the judiciary.

A

Judicial and Bar council

173
Q

An undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required is known as

A

Recognizance

174
Q

Jurisdiction of the court can be lawfully be acquired with the concurrence of the following requirements, EXCEPT.

A

jurisdiction over the person of the victim

174
Q

It is the authority of the court to review, modified or annul cases decided by inferior courts.

A

appellate jurisdiction

175
Q

The philosophy of justice that asserts that those who violate the rights of others deserve to be punished. The severity of the punishment should be commensurate with the seriousness of the crime

A

jus desert

176
Q

He is an arbiter in court who ensues that the defense and the prosecution adhere to the legal requirements of introducing evidences.

A

judge

177
Q

Law which created the Katarungang Pambarangay.
*

A

RA 7160

178
Q

A negotiation between the defense counsel and the prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to obtain from the judge a lighter sentence in exchange for the defendant’s entering a guilty plea.

A

plea bargaining

179
Q

Composed of 10 to 20 members this body is constituted every three years to oversee katarungang pambarangay.

A

Lupong Tagapamayapa

180
Q

A body officially assembled under authority of law in which judicial power is vested or the administration of justice is delegated.

A

court

181
Q

The pillar of the CJS which is not under the executive branch of the government.

A

court

181
Q

It is a process directed to a person requiring him to attend and to testify or to bring with him any books or documents under his control at the trial of an action

A

subpoena

182
Q

When Bail is a matter of right?
*

A

Before or after conviction by the metropolitan, Municipal or Municipal circuit trial court.

183
Q

It is that degree of proof requires in criminal case which would convince a reasonable mind based on moral certainty but which nevertheless does not preclude the possibility of error.

A

proof beyond reasonable doubt

184
Q

The headquarters of the United Nations is found in:
*

A

New York City, USA

185
Q

What do you call a court covering two (2) or more municipalities?

A

MCTC

185
Q

A principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

A

Restorative justice

186
Q

Submitted by the accused to answer the complaint against him.

A

Counter affidavit

187
Q

He was the first chairman of the Presidential Committee on Human Rights.

A

Jose W. Diokno

188
Q

Who was the President of the Constitutional commission which drafted the 1987 Constitution?

A

Cecilia Munoz Palma

189
Q

The administrative arm of the President of the Philippines in the exercise of his constitutional power to grant, except in cases of impeachment, pardon, reprieve and amnesty after conviction by final judgment.

A

Board of Pardons and Parole

189
Q

This process submits that the criminal behavior was due to the gap between the criminal and the community. For this reason the offender must be assisted to strive hard to face the forces of the society or community which will join upon his release from jail/prison.

A

Reintegration

190
Q

In order for a Court to have authority to a particular case, it must have jurisdiction of the following, except

A

a. the person of the accused
b. the territory where the offense was committed
c. the subject matter
CORRECT ANSWER:
d. None of these

191
Q

What is the total number of justices composing the Supreme Court including the Chief Justice?

A

15

192
Q

In the Philippine Criminal Justice System, it is considered as the final arbiter for justice.

A

Court

193
Q

What is considered the centerpiece of the Criminal Justice System?

A

Court

194
Q

This type of deterrence is a crime control policy suggesting that punishment be severe enough to convince convicted offenders never to repeat their criminal act

A

Specific Deterrence

195
Q

In criminological sense, when is a person already considered a criminal?

A

The moment he already committed a crime

196
Q

It is an act or omission punishable by law.

A

Crime

197
Q

It is the office of the government which provides for prosecutorial services in the country.

A

National Prosecution Office

198
Q

Evidence is admissible when it is relevant to the issue and not excluded by the __________.
1. Constitution, the law or the Rules of Court.
2. Constitution, ordinances, and special penal laws
3. laws of nature, laws of the land, and Supreme Court
4. Constitution and Bill of Rights

A

1 only

199
Q

The form of evidence that is subject to the senses of the court is evidence.

A

a. Physical
b. Object
c. Real
d. All of these
Correct answer
d. All of these

200
Q

Which of the following circumstances makes the evidence incompetent?

A

Evidence obtained through third-degree method of investigation

200
Q

Any evidence which is obtained in violation of any rights of a person will not be admissible in court. This is anchored on what requisites of admissibility?

A

competency

200
Q

In the hierarchy of evidence, it is considered as the most reliable because its physical appearance cannot lie?

A

real evidence

201
Q

What is the purpose why an independent relevant evidence is admitted by the courts?

A

To show that the certain fact occurred whether true or not

202
Q

A hired B as an employee, and in the contract of employment, the salary of B was pegged at P100, 000.00 a month. Later, A refused to pay B P100, 000.00 because according to him, he and B had a verbal agreement that B’s salary is conditional in that if the business did not turn out well, then the supposed salary of B would only P50, 000.00 a month. Under the facts, A cannot introduce in court such a verbal agreement over the objection of B that such verbal agreement is a violation of what rule?

A

Parol evidence rule

203
Q

Exclusion of evidence simply means

A

That evidence obtained unlawfully shall be excluded by the court and not admitted.

204
Q

A kind of evidence which cannot be rebutted or overcome

A

Conclusive

205
Q

When the original document has been lost or destroyed, or cannot be reproduced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document or by the testimony of witnesses in the order stated.

A

Secondary Evidence

206
Q

When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, as between the parties and their successors in interest, no evidence of such terms other than the contents of the agreement.

A

Parol Evidence Rule

207
Q

The alleged witness to a crime reported the identity of the alleged accused only after the lapse of seven (7) days from its alleged commission. Here, the delay may be disregarded because the.

A

a. Supreme Court took judicial notice that witnesses are normally afraid to volunteer information for fear for their lives

207
Q

In a buy-bust operation where the authorities used marked money in buying the subject drugs, can the prosecution present mere photocopies of the buy-bust marked money, instead of the original marked money?

A

Yes, it is not a violation of the original document rule, since the marked money is not documentary but only object evidence. Original document rule applies only when the subject of inquiry refers to contents of a document.

208
Q

If the document subject of inquiry is the photocopy of the transcript of record, it is a __________ evidence.

A

secondary evidence

209
Q

Which of these defines “original” document
*

A

a. An “original” of a document is the document itself or any counterpart intended to have the same effect by a person executing or issuing it.
b. An “original” of a photograph includes the negative or any print therefrom. If data is stored in a computer or similar device, any printout or other output readable by sight or other means, shown to reflect the data accurately.
c. an “original” is anything which is mechanically reproduced by a photocopying machine.
CORRECT ANSWER:
d. a & b only

210
Q

A rule which states that when the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. This rule forbids the addition to, or contradiction of the terms of a written agreement. The purpose of this rule is to give stability to written agreements. It came from the French word, meaning word of mouth or oral statement.

A

Parol evidence rule

211
Q

The subject matter of the litigation is the content of a photocopy of a document. What is the best evidence to prove the content of document?

A

The testimony of witnesses to the content of the original document

212
Q

What is this evidence which admission is dependent on its being obtained legally?

A

Competent

213
Q

Relevancy is one of the requisites for admissibility of evidence which means that evidence must have such relation to the fact in issue as to induce belief in its existence or non-existence. The other requisite is ____________?

A

That is should not be excluded for by law.

213
Q

When the written and printed words in a document are inconsistent with each other, which one shall prevail

A

Written

213
Q

A testator wrote in his will, “I give all of my property to my nephew “Leo”, but it turns out that the testator had two nephews by the name of Leo. In another case, the debtor wrote, “I will pay $100”, but it was not sure whether the dollar refers to US or Australian dollars. What could be applied

A

Exception to the parol evidence rule

214
Q

Evidence must be relevant in order to be admissible hence, collateral matters are not allowed. Except:

A

When it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

215
Q

Any evidence which is obtained in violation of any rights of a person will not be admissible in court. This is anchored on what requisites of admissibility?

A

. competency

216
Q

It is that quality of evidence which tends to influence the trier of facts because of its logical connection with the issue. Evidence which has an effective influence or bearing to the question?

A

material

217
Q

This is defined as such amount of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. It is more than a mere scintilla of evidence. It need not be overwhelming or preponderant, as is required in an ordinary civil case, or evidence beyond reasonable doubt, as is required in criminal cases, but the evidence must be enough for a reasonable mind to support a conclusion:

A

Substantial evidence

218
Q

The evidence of the same kind and tending to prove the same facts is

A

cumulative

219
Q

An offer of compromise is considered not an admission of any liability and is not admissible in evidence against the offeror on the following case, EXCEPT.

A

In criminal cases

220
Q

Dingdong and Marian are husband and wife. Dingdong contracted a subsequent marriage with Angel before his former marriage was legally dissolved. Dingdong was charged with Bigamy. The lawyer of Marian showed before the court a copy of her marriage certificate to prove its existence. Such evidence is considered as…

A

Object

221
Q

In the above scenario, if the lawyer of Marian showed before the court a copy of her marriage certificate to prove its content that Dingdong and Marian were legally married. Such evidence is considered as…

A

Documentary

222
Q

Which of the following is the Hearsay evidence rule?

A

That a witness can testify only to those facts which he knows of his personal knowledge; that ism which are derived from his own perception.

223
Q

The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

A

Dying declaration

224
Q

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

224
Q

When the witness states that he did not see or know the occurrence of a fact.

A

.negative evidence

224
Q

It is the ultimate facts or the facts in issue or to be proved. It is the essential facts constituting the plaintiff’s cause of action?

A

Factum probandum

225
Q

The rules of evidence shall be _____, except as otherwise provided by law or these rules.

A

the same in all courts and in all trials and hearings

226
Q

Relevancy is one of the requisites for admissibility of evidence which means that evidence must have such relation to the fact in issue as to induce belief in its existence or non-existence. The other requisite is ____?

A

That it should not be excluded for by law

227
Q

Factum probans means __.

A

evidentiary fact

227
Q

What is the concept in evidence where no other documentary evidence is required by the court to be submitted?

A

Original evidence

227
Q

Atty. Nagnonotaryo acknowledge through notarization. Don Emilio`s last will and testament in favor of his favorite grandson Joaquin. What class of document is the notarized last will and testament?

A

Private

227
Q

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

A

pedigree

227
Q

Which of the following is the exemption to the hearsay rule made under the consciousness of an impending death?

A

Ante mortem statement

228
Q

When is the formal offer of Object/Documentary evidence?

A

After presentation of all witnesses

228
Q

This is defined as such amount of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. It is more than a mere scintilla of evidence. It need not be overwhelming or preponderant, as is required in an ordinary civil case, or evidence beyond reasonable doubt, as is required in criminal cases, but the evidence must be enough for a reasonable mind to support a conclusion:

A

Substantial evidence

229
Q

What is this opinion of a witness on a matter requiring special knowledge, skill, experience or training?

A

Opinion of expert witness

230
Q

Evidence must be relevant in order to be admissible hence, collateral matters are not allowed. Except:

A

When it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

231
Q

It is that proof which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or to establish the facts or to counterbalance the presumptions of innocence to warrant a conviction.

A

Prima-facie evidence

231
Q

It refers to an evidence of oral or written statement of a party presented as evidence to modify, explain or add to the terms of the written agreement.

A

Parol Evidence

231
Q

When the witness states that he did not see or know the occurrence of a fact.

A

negative evidence

232
Q

Which of the following is not a public document?

A

Notarized last wills and testaments

233
Q
A
234
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A
234
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235
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A
235
Q
A
236
Q
A
237
Q
A
237
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238
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A
239
Q
A
239
Q
A
239
Q
A
240
Q
A
240
Q
A
241
Q
A
241
Q
A

CLE QUESTION (11 decks)

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