LEGAL SEM2 2025 Flashcards
(100 cards)
1
Q
Julia scratched Bea on the face during an event. The doctor attended to the injury, which healed in less than 9 days but resulted in a keloid scar formation. What is the legal classification of this injury?
(1 Point)
A. Mutilation
B. Slight Physical Injury
C. Less Serious Physical Injury
D. Serious Physical Injury
A
C. Less serious Physical Injury
👉 Injury healed in less than 9 days but left a keloid scar = deformity, which elevates it from slight to less serious injury.
2
Q
If a person dies from a communicable disease, within what time frame must the body be buried unless local health authorities permit otherwise?
(1 Point)
A. 24 hours
B. 18 hours
C. 12 hours
D. 6 hours
A
A. 24 hours
👉 Under health regulations, a person who died of a communicable disease must be buried within 24 hours, unless otherwise permitted.
3
Q
Which of the following is true regarding exit wounds?
(1 Point)
A. Always present
B. Presence of abrasion collar
C. Margins are usually everted, unbruised, and unabraded
D. Presence of powder tattooing
A
C. Margins are usually everted, unbruised and unabraded
👉 Exit wounds typically have everted edges and lack soot, tattooing, or abrasion collars.
4
Q
Republic Act 8353 amended certain provisions of the old law on rape. Which of the following is NOT a change introduced by this law?
(1 Point)
A. Rape is classified as a crime against persons
B. Degenderization of the crime of rape
C. Recognition of marital rape
D. Rape is classified as a crime against chastity
A
D. Rape is a crime against chastity
👉 RA 8353 reclassifies rape as a crime against persons, no longer chastity.
5
Q
Which of the following is NOT true about rape under RA 8353?
(1 Point)
A. The offender may be any person
B. The offended party must be female
C. Insertion of the penis into another person’s mouth or anus constitutes rape
D. Insertion of any instrument or object into the genital or anal orifice of another person constitutes rape
A
B. Offended party must be female
👉 FALSE under RA 8353: rape can happen to any person, regardless of gender.
6
Q
What is the medico-legal importance of postmortem lividity?
(1 Point)
A. It is a reliable sign of death
B. It determines the exact time of death
C. It affects all portions of the body equally
D. Development of skin color suggests injury
A
A. Reliable sign of death
👉 Postmortem lividity (livor mortis) is a dependable indicator that death has occurred.
7
Q
Pedro is impotent, yet his wife gave birth to a healthy baby while they were lawfully married. Which of the following is true?
(1 Point)
A. The child’s legitimacy cannot be questioned
B. Proof of impotence will overthrow the presumption of legitimacy
C. The child can be declared illegitimate upon birth
D. All of the above
A
B. Proof of impotence will overthrow presumption of legitimacy
👉 While children born in wedlock are presumed legitimate, this can be rebutted by proof of biological impossibility (e.g., impotence).
8
Q
Which of the following types of spurious children are conceived by prostitutes?
(1 Point)
A. Adulterous
B. Incestuous
C. Sacrilegious
D. Mancere
A
D. Mancere
👉 Mancere = illegitimate child of a prostitute.
9
Q
A natural child may be legitimated. Which of the following requisites is NOT correct?
(1 Point)
A. There must be a subsequent marriage of the parents
B. The child must be acknowledged by the father
C. The child must be acknowledged by both parents before marriage
D. The child must be natural
A
B. Child must be acknowledged by the father
👉 Incorrect: Legitimation requires acknowledgment by both parents before the marriage, not just the father.
10
Q
Permission to exhume a dead body for autopsy in a legal investigation must be obtained and approved by the:
(1 Point)
A. Hospital director where the patient died
B. Attending physician
C. Secretary of Health
D. National Bureau of Investigation (NBI)
A
C. Secretary of Health
👉 Only the Secretary of Health (or authorized representative) may approve exhumation for legal autopsy.
11
Q
The division of law that deals with the rules concerning pleadings, practices, and procedures in all courts of the Philippines is:
(1 Point)
A. Civil Law
B. Remedial Law
C. Criminal Law
D. Special Law
A
B. Remedial Law
👉 Covers rules on pleadings, practice, and procedure in all Philippine courts.
12
Q
The cooling of the body after death is called:
(1 Point)
A. Algor mortis
B. Rigor mortis
C. Livor mortis
D. Da mortis
A
A. Algor mortis
👉 Refers to cooling of the body after death.
13
Q
Autopsies shall be performed in the following cases, EXCEPT:
(1 Point)
A. Upon the orders of a competent court, a mayor, or a provincial or city prosecutor
B. Upon written request of police authorities
C. Upon the request of the deceased’s employer, whenever the victim dies within his workplace
D. Whenever the nearest kin requests in writing the authorities concerned to ascertain the cause of death
A
C. upon the request of the deceased’s employer, whenever the victim dies within his workplace
👉 NOT a valid legal ground for autopsy.
14
Q
The following are examples of medico-legal deaths, EXCEPT:
(1 Point)
A. Suspicious deaths
B. Deaths from longstanding illness
C. Sudden and unexpected deaths
D. Violent deaths
A
B. deaths from longstanding illness
👉 These are typically natural deaths, not medico-legal.
15
Q
A person who died of a communicable disease shall be buried within:
(1 Point)
A. 24 hours
B. 36 hours
C. 12 hours
D. 48 hours
A
A. 24hrs
👉 Standard requirement for burial of communicable disease deaths, unless approved otherwise.
16
Q
The following are authorized to conduct an autopsy, EXCEPT:
(1 Point)
A. General Surgeon
B. Medico-legal Officer
C. Municipal Health Officer
D. Pathology Resident
A
A. General Surgery
👉 Surgeons are not legally authorized to conduct autopsies unless specifically trained and appointed.
17
Q
Scientific methods of identifying human remains include all EXCEPT:
(1 Point)
A. Anthropology
B. Fingerprinting
C. Odontology
D. DNA
A
A. Anthropology
👉 Not the most scientifically precise; used for skeletal analysis, but not a primary scientific identification method compared to DNA, fingerprint, or odontology.
18
Q
Which of the following is NOT true regarding forensic autopsy?
(1 Point)
A. The mechanism of death is important
B. Consent must be obtained from an authoritative agent
C. The dead body belongs to the state
D. Toxicology is always required
A
A. Mechanism of death is important
👉 FALSE – Cause of death is key in forensic autopsy, not mechanism (which is more relevant in clinical settings).
19
Q
Which of the following is TRUE of rigor mortis?
(1 Point)
A. Begins within 30 minutes after death
B. Disappears after 24 hours
C. Full rigor occurs in 2–4 hours
D. Intensifies over time
A
B. Disappear after 24hrs
👉 Rigor mortis disappears after 24–36 hours postmortem.
20
Q
The means sanctioned by the Rules of Court for ascertaining in a judicial proceeding the truth respecting a matter of fact is:
(1 Point)
A. Crime Scene Investigation
B. Testimony
C. Evidence
D. None of the above
A
C. Evidence
👉 Defined in law as the means of ascertaining truth in judicial proceedings.
21
Q
The intensity, duration, and nature of materials in contact determine the extent of transfer. This describes:
(1 Point)
A. Direct evidence
B. Trace evidence
C. Transfer evidence
D. Physical evidence
A
C. transfer evidence
👉 Transfer evidence involves the exchange of materials due to intensity, duration, and nature of contact.
22
Q
Which of the following are considered trace evidence?
(1 Point)
A. Clothing soaked in blood
B. Fingerprints on glass
C. Written notes
D. Ten-print fingerprint cards of a suspect
A
B. Fingerprints on glass
👉 Trace evidence = small, easily transferred items like fingerprints, hair, fibers, etc.
23
Q
Mr. Macario, lost on board a vessel during a sea voyage, will be presumed dead after:
(1 Point)
A. 4 years
B. 5 years
C. 6 years
D. 3 years
A
A. 4 years
👉 Presumption of death for persons lost at sea = 4 years.
24
Q
Urduja, a 75-year-old female CEO, suddenly disappeared. Succession will open after how many years?
(1 Point)
A. 7 years
B. 4 years
C. 5 years
D. 10 years
A
A. 7 years
👉 Under the Civil Code, succession opens after 7 years of disappearance if no death is proven.
25
The crime of less serious physical injury is committed when the victim is incapacitated or requires medical intervention for a period of:
(1 Point)
A. Less than 9 days
B. From 10 to 30 days
C. From 9 to 20 days
D. More than 30 days
B. from 10 to 30 days
👉 Injuries needing medical attendance/incapacity for 10–30 days = less serious physical injury.
26
A person inflicted slight physical injuries on a neighbor, who died 24 hours later from heart failure. The offender can be held liable for:
(1 Point)
A. Murder
B. Homicide
C. Serious physical injuries
D. Slight physical injuries
D. slight physical injuries
👉 Since death not causally linked to the injury, the offender is liable only for the actual injury inflicted.
27
Any person who wounds, beats, or assaults another and causes illness or incapacity for labor for more than 30 days is guilty of the crime of:
(1 Point)
A. Mutilation
B. Less serious physical injury
C. Serious physical injury
D. Slight physical injury
C. serious physical injury
👉 Incapacity for more than 30 days = serious physical injury.
28
Which of the following are characteristics inherent to the wound of entrance?
(1 Point)
A. The entrance wound is generally oval or circular with inverted edges, except in near shots or grazing/slap wounds.
B. The higher the caliber of the wounding bullet, the smaller the size of the entrance wound.
C. The rough surface of the bullet produces smudging when it contacts the skin.
D. Both A and B are correct
D. A and B are correct
👉 Entrance wounds are usually oval/circular with inverted edges, and higher caliber can produce smaller entrance due to skin elasticity.
29
In most cases, the size of the entrance wound is smaller than the caliber of the bullet because of:
(1 Point)
A. Retraction of connective tissues
B. Fragmentation of the bullet
C. Angulation of the bullet’s direction
D. All of the above
A. retraction of connective tissues
👉 Skin/tissue elasticity causes the entrance wound to appear smaller than bullet diameter.
30
Which of the following are characteristics of an entrance wound from a distant range fire?
(1 Point)
A. Presence of smudging or soot
B. Presence of tattooing
C. Presence of abrasion or contusion collar
D. All of the above
C. (+) abrasion/contusion collar
👉 Distant range fire = only abrasion collar present; no soot or tattooing.
31
The distance of the skin from the tip of the barrel in a distant range fire is:
(1 Point)
A. > 3 inches
B. > 7 inches
C. > 24 inches
D. > 36 inches
C. > 24 inches
📌 High-Yield Rationale:
In forensic ballistics, a distant-range gunshot wound occurs when the muzzle is far enough from the skin that no soot (smudging), tattooing (stippling), or burning is observed.
This is typically defined as >60 cm, which is approximately 24 inches.
The only finding in distant-range gunshot wounds is a bullet entry hole with an abrasion collar.
32
The number of gunshot wound entrances is more than the exits when:
(1 Point)
A. One or more bullets are not through-and-through; bullet lodged in the body.
B. Bullets enter the body but split into several fragments, each with separate exits.
C. Two or more bullets have a common entrance, each with a separate exit.
D. Bullet entered a body orifice, producing an exit.
A. One or more bullets are not through and through, bullet lodged in the body.
👉 More entrance wounds than exits occur when some bullets do not exit.
33
The number of gunshot wound entrances is less than the exits when:
(1 Point)
A. One or more bullets are not through-and-through; bullet lodged in the body.
B. Bullets enter the body but split into several fragments, each with separate exits.
C. All bullets are through-and-through; one exited through a natural body orifice.
D. Different shots produced different entrances but two or more produced a common exit.
B. Entered the body but split into several fragments, each with separate exits.
👉 Less entrance than exits when a bullet fragments and creates multiple exit points.
34
A post-mortem gunshot wound will produce:
(1 Point)
A. Profuse hemorrhage
B. No profuse hemorrhage
C. Signs of vital reaction
D. Both A and B are correct
B. No profuse hemorrhage
👉 Post-mortem gunshot wounds lack vital signs such as bleeding or tissue reaction.
35
A gunshot wound is considered suicidal if:
(1 Point)
A. The direction of fire is compatible with the trajectory of the bullet
B. The hand of the victim may show gunpowder residues
C. The wounding firearm is usually not found at the scene of the crime
D. Both A and B are correct
D. A and B are correct
👉 Suicidal gunshot: trajectory matches self-infliction + gunpowder on hand are classic signs.
36
Parricide is committed by any person who kills his/her:
(1 Point)
A. Father, mother, brother, or child, whether legitimate or illegitimate, or his spouse
B. Father, mother, or child, whether legitimate or illegitimate, or any legitimate ascendants or descendants, or his spouse
C. Father, mother, or child, or any ascendants or descendants, or his spouse
D. Father, mother, or child, whether legitimate or illegitimate, or any ascendants or descendants, or his spouse by affinity
B. Father, mother, or child, whether legitimate or illegitimate, or any legitimate ascendants, or descendants, or his spouse.
👉 Parricide includes parents, children (legit or illegit), legitimate ascendants/descendants, or spouse.
37
X and Y are legally married. On February 14, 2014, Y (the husband) died of a heart attack. 285 days later, X gave birth to a baby boy. The child is presumed to be:
(1 Point)
A. Legitimated
B. Legitimate proper
C. Illegitimate
D. Adopted
B. Legitimate proper
👉 Child born within 300 days of husband’s death = presumed legitimate.
38
XX and XY were married. XY is an army personnel assigned in Mindanao. If XX gave birth to a child 320 days after XY left their household, the child is presumed to be:
(1 Point)
A. Legitimated
B. Legitimate proper
C. Illegitimate
D. Adopted
C. Illegitimate
👉 Birth after more than 300 days from husband’s absence = presumed illegitimate.
39
Physical impossibility of procreation may be caused by:
(1 Point)
A. Advanced age
B. Husband with hernia
C. Impotence of the husband
D. Illness of the wife
C. Impotence of the husband
👉 Physical impossibility of conception includes impotence.
40
Which of the following is NOT a requisite for the presumption of a legitimate child?
(1 Point)
A. Valid marriage
B. Common-law wife and husband
C. Child born at least 180 days after the celebration of marriage
D. Child born within 300 days after annulment of marriage
B. Common law wife and husband.
👉 Presumption of legitimacy only applies to children born in valid marriage, not common-law relationships.
41
X and Y, both Filipinos, were legally married. X had an illicit relationship, became pregnant, and gave birth to a child with blond hair and green eyes. Neither parent has American ancestry. The child is presumed to be:
(1 Point)
A. Legitimated
B. Legitimate proper
C. Illegitimate
D. Adopted
C. Illegitimate
👉 Despite the marriage, proof of non-paternity (e.g., no American ancestry, striking genetic difference) rebuts the presumption of legitimacy.
42
The formation of bubbles in the pulmonary capillaries results in:
(1 Point)
A. Bends
B. Chokes
C. Trapped gas
D. Substernal emphysema
B. Chokes
👉 Chokes result from bubble formation in pulmonary capillaries during decompression sickness.
43
Injury or disease that produces a physiological derangement in the body resulting in death is called:
(1 Point)
A. Manner of death
B. Mechanism of death
C. Cause of death
D. None of the above
C. Cause of death
👉 Refers to the injury/disease leading directly to death, such as trauma, MI, poisoning.
44
Cyanide and alcohol are common agents responsible for which type of asphyxia?
(1 Point)
A. Histotoxic anoxic death
B. Anoxic death
C. Stagnant anoxic death
D. Anemic anoxic death
A. Histotoxic anoxic death
👉 Caused when cells can’t use oxygen due to toxins like cyanide or alcohol.
45
Two children were found dead inside a car. The possible cause of death is most likely:
(1 Point)
A. Entrapment suffocation
B. Smothering
C. Suffocating gases
D. Mechanical asphyxia
C. Suffocating gases
👉 Inside a car, likely due to carbon monoxide poisoning or lack of oxygen (asphyxiating gases).
46
Occurs when a heavy weight presses down on an individual’s chest or upper abdomen, making respiration impossible:
(1 Point)
A. Traumatic asphyxia
B. Positional asphyxia
C. Riot asphyxia
D. Strangulation
A. Traumatic asphyxia
👉 Results from heavy compression on chest/abdomen, preventing breathing.
47
The most common mode of death in electrocution is:
(1 Point)
A. Ventricular fibrillation
B. Atrial fibrillation
C. Tachycardia
D. All choices are correct
A. Ventricular fibrillation
👉 Most common cause of death in electrocution due to disruption of cardiac rhythm.
48
Joint and muscular pain due to the presence of air bubbles is called:
(1 Point)
A. Bends
B. Chokes
C. Trapped gas
D. Substernal emphysema
A. Bends
👉 Joint/muscle pain from nitrogen bubbles during rapid decompression = the bends.
49
Popoy and Basia, both single and of legal age, had premarital sex and Basia later gave birth to a child. If Popoy and Basia acknowledged the child as their own and later got married, the child is said to be:
(1 Point)
A. Legitimated
B. Legitimate proper
C. Illegitimate
D. Adopted
A. Legitimated
👉 Child becomes legitimated if parents acknowledge and later marry.
50
Which of the following persons cannot be adopted?
(1 Point)
A. Illegitimate children by the father or mother
B. A stepchild, by the stepfather or stepmother
C. Natural child by the natural father or mother
D. Child who has already been adopted
D. Child who has already been adopted
👉 A child cannot be adopted again once legally adopted.
51
Mar was married to Grace, his stepdaughter. The marriage is void. Grace got pregnant and gave birth to a baby girl. The child is illegitimate and presumed to be:
(1 Point)
A. Natural child proper
B. Natural child by presumption
C. Natural child by legal fiction
D. Spurious child
D. Spurious Children
👉 A child from a void marriage (e.g., stepfather-stepdaughter) is illegitimate and classified as spurious.
52
Inah, a married woman living separately from her husband, had an illicit relationship with Angelo. Angelo recognized the child as his own. The illegitimate child is considered to be:
(1 Point)
A. Natural child proper
B. Natural child by presumption
C. Natural child by legal fiction
D. Spurious child
a. Natural Children proper
Rationale: Both parties were not disqualified from marrying each other (they could have married if not already married), and the father recognized the child = Natural Children proper.
53
Armie filed a compulsory recognition case against Arman. DNA testing matched Arman as the biological father of Armando. Arman still denies paternity. Armando is considered:
(1 Point)
A. Illegitimate; natural child proper
B. Legitimated
C. Spurious child
D. Illegitimate; natural child by presumption
d. Illegitimate; Natural Children by presumption
Rationale: If paternity is presumed through evidence (like DNA), and recognition by the father is absent or denied = natural child by presumption.
54
Manong and Manang are married. Manang cannot bear a child. They want to adopt Karen, Manang’s niece. They can adopt Karen provided that:
(1 Point)
A. Karen is not married
B. Karen has not been adopted before
C. Manong and Manang are residents of the country
D. Both spouses consent to the adoption
a. Karen is not married
Rationale: Only minors or specific categories of persons may be adopted, such as a niece—provided she’s not married and meets the age or other qualification criteria.
55
Children conceived in an act of concubinage are called:
(1 Point)
A. Sacrilegious children
B. Adulterous children
C. Manceres
D. Incestuous children
b. Adulterous Children
Rationale: Children from extramarital relations involving concubinage or adultery are categorized as adulterous, a type of spurious child.
56
Children conceived by prostitutes are called:
(1 Point)
A. Manceres
B. Sacrilegious children
C. Adulterous children
D. Incestuous children
A. Manceres
👉 Children conceived by prostitutes are called manceres, also spurious.
57
Which of the following persons can adopt?
(1 Point)
A. A married person without the consent of the other spouse
B. Non-resident aliens
C. A person convicted of a crime involving moral turpitude
D. A Filipino of legal age with full possession of civil rights
D. Filipino of legal age with full possession of his civil rights
👉 Only those with legal capacity and good moral standing can adopt.
58
This type of artificial insemination uses sperm coming from the husband:
(1 Point)
A. Artificial insemination donor
B. Artificial insemination homologous
C. Artificial insemination husband donor
D. Artificial insemination pooled donor semen
B. Artificial insemination homologous
👉 Uses husband's own sperm = AIH (homologous insemination).
59
Which of the following is NOT an indication for artificial insemination donor?
(1 Point)
A. Absolute male sterility
B. Oligospermia
C. Infertility due to poor sperm motility
D. Rh blood incompatibility
D. Rh blood incompatibility
👉 NOT a valid reason for donor insemination; it's managed medically, not through AI.
60
The following are obligations imposed on a physician in the selection of a donor, EXCEPT:
(1 Point)
A. Proper screening must be made of the recipient
B. Donor must have racial characteristics and physical proportions similar to those of the husband and wife, and blood type must be compatible (A.B.O. and Rh genotype) with the wife
C. Physician may disclose the identity of the donor to the parents and vice versa
D. Complete physical examination with standard tests for syphilis and gonorrhea must be obtained 1 month before seminal fluid is collected
B. Donor must have the racial characteristic and physical proportion as those of the husband and wife and the blood type must be compatible with A.B.O. and Rh genotype of the wife.
👉 Ensures compatibility and reduces suspicion about paternity; part of physician’s obligations.
61
What is the status of a child born by artificial insemination donor, if the semen is not from the husband but with his consent?
(1 Point)
A. Legitimate
B. Illegitimate
A. Legitimate
Rationale: Under RA 8552 and Family Code provisions, if written consent is given by both spouses before birth, the child is deemed legitimate, even if donor sperm was used.
62
In artificial insemination donor, is the wife liable for adultery?
(1 Point)
A. Yes
B. No
B. No
Rationale: There is no sexual intercourse involved in AID. With written consent, it is not adultery under Philippine law.
63
A child from artificial insemination heterologous is:
(1 Point)
A. Illegitimate
B. Legitimate
C. Legitimate after legitimation
D. Both A and C
B. Legitimate
Rationale: If there is written consent by the husband, the child remains legitimate even if the sperm is from a donor.
64
Coco consented in writing for the artificial insemination of his wife, Coca. A child was conceived and born. Coco later divorced Coca, and Coca was given custody. However, Coca is unable to support the child and filed for support. Which of the following is correct?
(1 Point)
A. Coco is not liable to support
B. Coco has criminal responsibility for non-support
C. Both statements are correct
B. Coco has criminal responsibility for non-support
Rationale: Consent to AID implies acknowledgment of paternity. Divorce does not absolve parental responsibilities in PH. Non-support is criminally punishable under Article 195 of the Family Code and criminal law.
65
Fertilization of the egg cell by sperm extracted from donors, placed in an artificial medium, and implanted into the woman’s uterus is called:
(1 Point)
A. Artificial insemination donor
B. Artificial insemination homologous
C. In Vitro Fertilization
D. Artificial insemination husband donor
C. In Vitro Fertilization
Rationale: IVF is the fertilization of an ovum outside the body, in a lab setting, before implantation.
66
In In Vitro Fertilization (IVF), when the ovum is removed from the wife and fertilized by sperm from a third party (sperm donor), then implanted into the wife’s uterus, which of the following is true?
(1 Point)
A. The child is illegitimate
B. The child may still be legitimate if there is consent from the sterile party
C. If the child is not considered legitimate, adoption may be done
D. All of the above
D. All statement is correct
👉 Child is:
Illegitimate without consent,
Legitimate if sterile spouse consents,
Can be adopted if not legitimate.
67
Nancy, an 18-year-old female, was brought to the hospital due to physical injury inflicted by her father. The father is liable under which law?
(1 Point)
A. Child Abuse
B. Violence Against Women and Children (RA 9262)
C. Emotional Abuse
D. Physical Injury
A. Child Abuse
Rationale: Under RA 7610, a child is defined as below 18 years old. Any physical harm inflicted on a child by a parent is child abuse, regardless of intent.
68
Barbie, a 13-year-old female, was brought to the WCPU for examination. Genital exam showed a shallow healed laceration at the 3 and 9 o’clock positions. She admitted to a consensual relationship with David, who is 18 years old. She disclosed that she had sexual contact because she loved him. Her boyfriend can be charged with:
(1 Point)
A. Statutory Rape
B. Child Abuse
C. Violence Against Women and Children
D. All of the above
A. Statutory Rape
Rationale: Under RA 8353, any sexual act with a child below 16 years old, regardless of consent, is statutory rape. Love or consent is not a defense.
69
Gem, a 6-year-old child, was brought to the emergency room with whitish, non-foul-smelling discharge. The child and parents deny sexual abuse. Gram stain revealed Gram-negative intracellular diplococci. Your conclusion is:
(1 Point)
A. The child is abused
B. There is rape
C. There is sexual abuse
D. All of the above
D. All of the above
Rationale: Presence of gonorrhea in a prepubertal child is diagnostic of sexual abuse. This constitutes rape and child abuse under RA 8353 and RA 7610.
70
Paulo, a 14-year-old male, had a consensual relationship with a 21-year-old male. Weeks later, he developed vesicular genital lesions. His 21-year-old partner is liable under which law?
(1 Point)
A. RA 9262 (Anti-Violence Against Women and Their Children Act)
B. RA 8353 (Anti-Rape Law)
C. RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)
D. All of the above
E. None of the above
C. RA 7610
Rationale: The child is under 18. Any sexual activity, even consensual, is prohibited by RA 7610 as child abuse. RA 9262 and RA 8353 apply only to women or heterosexual contexts.
71
The crime of less serious physical injury is committed when the victim is incapacitated or requires medical attendance for a period of:
(1 Point)
A. Less than 9 days
B. From 9 to 20 days
C. From 10 to 30 days
D. More than 30 days
C. From 10 to 30 days
👉 Less serious physical injury involves incapacity or need for medical attendance lasting 10–30 days.
72
The primary cause of death due to cold is/are:
(1 Point)
A. Decreased dissociation of oxygen from hemoglobin in the RBC and diminished power of tissue to utilize oxygen
B. Vascular dilatation with paralysis and increased capillary permeability
C. Vascular spasm which results in edema of the skin surface
D. All of the above
A. Decreased dissociation of oxygen from hemoglobin in the RBC and diminished power of tissue to utilize oxygen
👉 Primary death cause from cold = cellular hypoxia due to impaired oxygen release and utilization.
73
The most prominent sign of death is:
(1 Point)
A. Progressive fall of body temperature
B. Cessation of heart action and circulation
C. Cessation of respiration
D. Insensibility of the body and loss of power to move
B. Cessation of heart action and circulation
👉 This is the most reliable and prominent sign of death.
74
Which of the following laws prohibits the practice of child marriage?
(1 Point)
A. RA 7610
B. RA 9262
C. RA 11648
D. RA 11596
D. RA 11596
👉 This law prohibits child marriage and related practices in the Philippines.
75
This is an act prohibiting the employment of children below fifteen years of age:
(1 Point)
A. RA 8353
B. RA 8505
C. RA 7658
D. RA 9262
C. RA 7658
Rationale: RA 7658 amends the Labor Code to prohibit the employment of children under 15 years of age.
76
A person need not be a physician to hold this position:
(1 Point)
A. Municipal Health Officer
B. City Health Officer
C. Department of Health Secretary
D. Medical staff in a private hospital
C. Department of Health Secretary
Rationale: The DOH Secretary is often a physician, but not legally required to be one. The others must be licensed physicians.
77
Jose, an 18-year-old married male, was diagnosed with ruptured acute appendicitis. Who should give consent for surgery?
(1 Point)
A. Jose
B. Consent by the wife is necessary
C. Jose’s parents
D. Grandparents in the absence of the parents
A. Jose
Rationale: Being 18 and married, Jose is emancipated and has full capacity to give valid medical consent.
78
To which forum can an administrative complaint be filed against doctors?
(1 Point)
A. Department of Health
B. Regional Trial Court
C. National Bureau of Investigation
D. Professional Regulation Commission
D. Professional Regulation Commission
👉 The PRC handles administrative complaints against doctors.
79
What is the degree of proof/evidence needed to convict a physician of criminal liability?
(1 Point)
A. Preponderance of evidence
B. Proof/guilt beyond reasonable doubt
C. Proof that the act performed is unprofessional
D. None of the above
B. Proof / Guilt beyond reasonable doubt
👉 Criminal liability requires the highest standard of proof: beyond reasonable doubt.
80
Which of the following does NOT affect termination of the physician-patient relationship?
(1 Point)
A. Withdrawal of the physician without patient consent
B. Recovery of patient
C. Death of patient
D. Death of physician
A. Withdrawal of the physician without patient consent
👉 This is unethical and can result in abandonment, which does not legally end the physician-patient relationship.
81
A physician who gives an overdose of a drug may be charged with:
(1 Point)
A. Immorality
B. Dishonorable Conduct
C. Gross Negligence
D. Incompetence
C. Gross Negligence
👉 Giving a drug overdose is a serious dereliction of medical duty, constituting gross negligence.
82
An unmarried male physician was discovered having sex with a married nurse in Ward A of Hospital X. He may be charged before the Board of Medicine for:
(1 Point)
A. Seduction
B. Immorality
C. Adultery
D. Reckless Imprudence
B. Immorality
👉 Engaging in sexual conduct in a hospital ward, especially with a married person, is considered immorality under the Code of Ethics.
83
A physician puts up a signboard at his clinic. Which of the following is unethical?
(1 Point)
A. Disease of Women and Children
B. Trained at Mayo Clinic, USA
C. Consultation hours MWF 9–11 AM
D. Consultation by appointment only
B. Trained at Mayo Clinic, USA
👉 Advertising training institutions is unethical self-promotion under Philippine medical ethics.
84
The testimony of an expert witness is NOT needed to prove a negligent act when which doctrine is applicable?
(1 Point)
A. Borrowed Servant
B. Ostensible Agent
C. Res Ipsa Loquitur
D. Captain of the Ship
C. Res Ipsa Loquitur
👉 Means "the thing speaks for itself" – no expert needed if negligence is obvious from circumstances.
85
The right of a foreign citizen to be admitted to practice medicine in the Philippines, if their laws allow Filipino citizens to practice medicine in their country, is based on:
(1 Point)
A. Reciprocity provision of the medical law of the Philippines
B. International law, as the Philippines has adopted generally accepted principles of international law as part of its law
C. International convention, like the World Health Organization
D. Executive agreement
A. Reciprocity provision of the medical law of the Philippines
👉 A foreigner may practice in the Philippines if reciprocity exists in his/her home country.
86
When is a physician-patient relationship established?
(1 Point)
A. Physician examines a person on orders of a trial court
B. Physician examines an applicant for employment
C. Physician attends to an emergency case
D. Physician performs an examination
C. Physician attends to an emergency case
👉 Physician-patient relationship is established when a doctor renders care, even in emergency without formal consent.
87
In which of the following doctrines are both plaintiff and doctor negligent?
(1 Point)
A. Doctrine of Assumption of Risk
B. Doctrine of Continuing Negligence
C. Doctrine of Contributory Negligence
D. All of the above
C. Doctrine of Contributory Negligence
👉 Applies when both the doctor and patient share responsibility for the harm.
88
Dr. Smith, an American surgeon, is in the Philippines on holiday. He joined Filipino surgeons in a medical mission performing operations for the poor. Which is correct?
(1 Point)
A. He can invoke reciprocity as basis for performing surgery in the Philippines
B. He can practice without a certificate of registration from the Board of Medicine
C. He is illegally practicing medicine in the country
D. He needs to pass the local board exams before practicing
C. He is illegally practicing medicine in the country.
👉 Even volunteer work requires proper licensure in the Philippines; no exemption for foreigners.
89
Dr. Petra is connected with a Rural Health Unit in Abra. She must implement the government’s family planning program but espouses only the rhythm method due to her Catholic faith. Which is correct?
(1 Point)
A. She has the prerogative to choose treatment modalities for patients
B. She can invoke self-limitation of practice based on religious beliefs
C. She must request transfer to duties consistent with her beliefs
D. She is liable for insubordination for not carrying out her duties
D. She is liable for insubordination for not carrying out the duties of her position.
👉 As a public servant, Dr. Petra is required to implement state programs; personal beliefs cannot override official duties.
90
Jose, who is not a physician, affixed “MD” after his name to secure a bank loan. Under the Medical Act, he is guilty of:
(1 Point)
A. Committing malpractice
B. Committing fraud
C. Illegally practicing medicine
D. Considered not to be practicing medicine
C. Illegally practicing medicine
👉 Using MD without being a licensed physician constitutes illegal practice under the Medical Act.
91
Dr. Cruz operated on a patient and inadvertently left behind a clamp. Which malpractice doctrine is applicable in this case?
(1 Point)
A. Doctrine of Foreseeability
B. Fellow Servant
C. Res Ipsa Loquitur
D. Captain of the Ship
C. Res Ipsa Loquitur
👉 "The thing speaks for itself" — leaving a clamp inside a patient is a classic example of gross negligence obvious without expert testimony.
92
While being treated for gunshot injuries, Abu Sabayad confided to Dr. Sharon that he was responsible for the kidnapping and beheading of twenty hostages. Sabayad was captured and Dr. Sharon was called to testify. What should he do?
(1 Point)
A. Refuse to testify to protect his life
B. He must not testify as the information is privileged
C. He must testify in the interest of justice, public safety, and welfare as this involves a criminal matter
D. Feign loss of memory about the incident
C. He must testify in the interest of justice, public safety and welfare as this involves a criminal matter
👉 Confessions involving public danger or crimes are exceptions to physician-patient confidentiality.
93
The body vested by law to have general supervision and regulation over the practice of medicine is:
(1 Point)
A. Commission on Higher Education
B. Department of Education
C. Professional Regulatory Commission
D. Board of Medical Education
C. Professional Regulatory Commission
👉 The PRC, through the Board of Medicine, regulates the practice of medicine.
94
Maria’s daughter was suffering from diarrhea. She consulted Petra, who told her to give Pedialyte - Mild 30, a household remedy as classified by BFAD. Which describes Petra’s action appropriately?
(1 Point)
A. Not considered an act constituting practice of medicine
B. Illegal practice of medicine
C. Malpractice acts
D. Acting under false pretenses
B. Illegal practice of medicine
👉 Petra is not a licensed physician but recommended treatment = illegal medical practice.
95
Alfredo is the son of a physician. Upon graduation and before passing the board exams, he put his name under a sign bearing his father’s name and started seeing patients. A patient was mismanaged and suffered injury. Alfredo was sued. What is the fault committed?
(1 Point)
A. Illegal practice of medicine against Alfredo
B. Malpractice vs. Alfredo
C. Malpractice vs. Alfredo’s father
D. No liability
A. Illegal practice of medicine against Jose
👉 Jose (Alfredo) practiced medicine without a license, which is illegal.
96
Hang Kepweng is a faith healer who beats up the sick to exorcise evil spirits causing disease. One follower who was injured sued her. Which statement is correct?
(1 Point)
A. Freedom to act out one’s belief is a constitutionally protected right
B. Hang Kepweng is guilty of inflicting physical injuries
C. Hang Kepweng is practicing the tenets of her religion
D. Hang Kepweng illegally practiced medicine
B. Mang Kepweng is guilty of inflicting physical injuries
👉 Regardless of religious beliefs, causing injury is a criminal offense under the law.
97
Dr. Juana adopted a self-imposed limitation to practice dermatology only. She may NOT do one of the following:
(1 Point)
A. Practice only dermatology
B. Limit practice to specific days and times
C. Refuse to treat an emergency
D. Refuse to treat a common cold
C. Refuse to treat an emergency
👉 Physicians may not refuse to treat emergencies, even with specialty limitations — ethical and legal duty.
98
Aurora had herself aborted by a midwife. She subsequently went to Dr. Juana, who did a D&C to complete the abortion. Dr. Juana did not report the matter to the police authorities. What is Dr. Juana’s liability, if any?
(1 Point)
A. No liability
B. Liable as principal for performing the D&C
C. Only administratively liable
D. Liable as accessory for not reporting
D. Liable as accessory for not reporting
👉 Dr. Juana is not the principal, but by failing to report the crime, she is an accessory.
99
An administrative complaint was filed with the PRC against a physician who was eventually found guilty. This may result in:
(1 Point)
A. Reprimand, suspension, or revocation of license to practice
B. Imprisonment for criminal negligence
C. Civil damages paid to the patient to compensate for injuries sustained
D. Requirement to be re-certified
A. Reprimand, suspension or revocation of license to practice
👉 Administrative penalties from PRC include reprimand, suspension, or revocation.
100
One of the following does NOT necessarily terminate the patient-physician relationship and will render the physician liable:
(1 Point)
A. Recovery
B. Discharge against medical advice
C. Discharge by the physician
D. Abandonment
D. Abandonment
👉 Abandonment is an unjustified termination of the physician-patient relationship and is a liable offense.
