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DIAGNOSTIC EXAMINATION IN CRIMINAL JURISPRUDENCE CRIMINOLOGISTS Licensure Examination First Day 8:30 a.m. 11:30 a.m. ==================================================================== INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for each item by marking the box corresponding to the letter of your choice on the answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only. MULTIPLE CHOICE 1. Which one is an exception to the territorial application of Criminal Law? A. Law is given retroactive effect. B. Law of preferential application. C. Bill of Attainder. D. While being public officers or employees, should commit an offense in the exercise of their functions. E. All of these 2. When an accused is on trial for a new crime and has previously served sentence for another crime to which the law attaches an equal greater penalty, or for two or more crimes to which the law attaches a lighter penalty, theres an aggravating circumstances of A. abuse of Confidence C. treachery or alevosia B. reiteracion or habituality D. unlawful Entry 3. Lando is an employee of Baltik Trade Corp. As an employee thereof, he was able to learn the safety vault combination. One Saturday evening he went to their Office to steal the money placed in the safety vault. He found it empty. For what crime is he liable of: A. Attempted Theft C. Frustrated Theft B. Impossible Crime D. Attempted Robbery 4. The legal term DELITO COMPUESTO is best described as A. Two acts producing two or more grave or less felony. B. A crime as a necessary means of committing another crime. C. A single act producing two or more grave or less felony. D. A single act producing two or more light felonies. 5. Jorge is under detention for violation of RA 6425. One day he was involved in a fight with e fellow inmate. He killed his fellow inmate, thus a case of homicide was also filed. Is Jorge a recidivist? A. Yes, because his second crime is considered as felony. B. Yes, because he is already convicted of the first crime. C. No, because he is convicted of his first crime. D. No, because he is not yet convicted of his first crime. 6. Berto unlawfully shot to death Facundo while the latter was at his brothers house. What aggravating circumstance is present? A. Disregard of sex C. Nighttime B. Dwelling D. Superior strength

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7. Which of the following is composed of three distinct penalties each forming a period? A. Complex crime C. Complex Penalty B. Complex Law D. Complex term 8. Caleb saw Mark attacking his own (Marks) wife with a Rambo knife. Caleb approached Mark and struggled for the possession of the weapon, in the course of which Caleb killed Mark. What justifying circumstance is present? A. Defense of Stranger C. Defense of Relative B. Self-Defense D. Avoidance of Greater Evil of Injury 9. The penalty to be imposed to an accused over 9 year of age but below 15 year old will be lowered by A. Two degrees C. One degree B. Three degrees D. Four degrees 10. Rudy killed Dick out of rivalry for the love of Dina. What mitigating circumstance is present? A. Passion and Obfuscation C. Confession of guilt B. Vindication of grave offense D. Provocation of threat 11. Rino introduced himself as the Municipal Mayor as he was pacifying Bruno and Kulas who were fighting inside a beer joint. Notwithstanding his presence, Bruno and Kulas continued to fight until Bruno succeeded in killing Kulas. What aggravating circumstance is present? A. In contempt or with insult to the public authority. B. Disregard of Rank C. Abuse of confidence D. Band 12. Before killing his victim, Abel drank gin to make him bolder in the commission of the crime. What alternative circumstance is present? A. Age and Rank C. Education B. Intoxication D. Relationship 13. Banong, thinking that the person walking in a dark alley was Erap, his bitter enemy, fired at that person, who was killed as a result. It turned out that the victim was Banongs own father. There was ____________. A. Error in personae C. Praeter intentionem B. Aberratio ictus D. Complex crime 14. Death and Reclusion Perpetua prescribe in ___________. A. 30 years C. 20 years B. 40 years D. 10 years 15. Criminal liability is partially extinguished by _____________. A. Serving completely the sentence C. Conditional Pardon B. Amnesty D. Parole 16. What kind of penalty is imposed when an accused was sentenced to pay a fine of exactly PhP200.00. A. Correctional Penalty C. Less grave felony B. Grave felony D. Light penalty 17. Which of the following statements best defines IMPUTED NEGLIGENCE? A. Negligence that was cut-off. B. That the parents of the minor are presumed negligent if the minor staying with them commits a crime. C. Crime that can be avoided. D. Felony committed through negligence.
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18. Which of the following is not a source of Phil. Penal Laws? A. Rev. Penal Code C. Special Penal Laws B. Penal Pres. Decrees D. Legislative Decrees 19. Philippine Penal Law is applicable within the Philippine territory to include A. All of these C. interior waters B. its atmospheres D. maritime zone 20. Which of the following is the best example of obligation and securities issued by the Philippine Government? A. money bills C. coins B. Government Bonds D. Letter of Credit 21. Who among the following persons is not exempted from criminal liability? A. Ambassadors C. ministers B. changes d' affraires D. consuls 22. What are the criminal acts punished by the Revised Penal Code? A. Felonies C. Crimes B. Offenses D. Misdeameor 23. What will a judge do if the acts done by a person being tried in court is not covered by law? A. Convict the accused C. Place the accused under probation B. Acquit the accused D. Give the accused Parole 24. A swift attack on a military installation by elements of the AFP or police is the same as A. promoting rebellion C. Rebellion B. coup de etat D. Insurrection 25. What is the legislative action that punishes without trial? A. Ex-post facto law C. bill of attainder B. Unconstitutional law D. penal attainder 26. What is the stage of the commission of a felony when all the elements necessary for its execution and accomplishment are present? A. attempted C. consumated B. frustrated D. enumerated 27. This is incurred by a person committing a felony although the wrongful act done by different from what he intend to do. A. Felony C. offense B. criminal liability D. civil liability 28. This is committed when a person who decided to commit a felony proposes its execution to another person. A. Accessory C. accomplice B. conspiracy D. proposal 29. Which of the following refers to the power of the state to define and punish crime? A. power of eminent domain C. legislative power B. notice power D. executive power 30. Rebellion treason and sedition are crimes against A. public security C. national government B. public service D. national security 31. If an offense was committed by a Japanese national on board a Singapore Airlines plane abort to land at the NAIA. What penal law will apply a. Singapore Law b. Philippine Law c. Japanese Law d. International Law

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32. Which of the following words has the same meaning as the word deceit? A. dolo B. culpa C. fault D. negligence 33. A chief of Police of a municipality, believing in good faith that a prisoner serving a ten-day sentence in the municipal jail, would not escape, allowed said prisoner to sleep at the latters house because the municipal jail was so congested and there was no bed space available. Accordingly, the prisoner went home to sleep every night but returned to jail early each morning, until the ten-day sentence had been fully served. What crime was committed by the chief of police? A. infidelity of public officer B. dereliction of duty C. illegal detention D. consenting on conniving to evasion 34. Pascual operated a rice thresher in Barangay Napnud where he resided. Renato, a resident of the neighboring Barangay Guihaman, also operated a mobile rice thresher which he often brought to Barangay Napnud to thresh the Palay of the farmers there. This was bitterly resented by Pascual. One afternoon Pascual, and his two sons confronted Renato and his men who were operating their mobile rice thresher along a feeder road in Napnud. A heated argument ensued. A barangay captain who was fetched men tried to appease Pascual and Renato to prevent a violent confrontation. However, Pascual resented the intervention of the barangay captain and hacked him to death. A. Homicide with assault upon a person is authority B. Direct assault C. Homicide with assault upon an agent of a person in authority D. indirect assault E. Homicide 35. Suspecting that Juan was a drug pusher, SPO2 Mercado, leader of the NARCOM team, gave Juan a P100-bill and asked him to buy some marijuana cigarettes. Desirous of Pleasing SPO2 Mercado, Juan went inside the shopping fifteen minutes, Juan returned with the sticks of marijuana cigarettes which he gave to SPO2 Mercado who thereupon placed Juan under arrest and charged him with violation of placed Juan under arrest and charged him with violation of The Dangerous Drug Law by selling marijuana cigarettes. Is Juan guilty of any offense punishable under the Dangerous Drugs Act? A. No, Juan is Not guilty of any offense B. Yes, Juan is guilty of under the Dangerous Drugs Act. C. Yes, for illegal possession of marijuana D. Yes, for Illegal selling of marijuana E. c and d only 36. PO1 Guzman saw Gorio, an inmate, escaping from jail and ordered the latter to surrender. Instead of doing so, Gorio attacked PO1 Guzman with a bamboo spear. Gorio missed in his first attempt to hit PO1 Guzman and before he could strike again. PO1 Guzman shot and killed him. Is PO1 Guzman criminally liable? A. yes self defense was proper B. No, crime of murder was committed C. No, there was treachery D. No Crime, of homicide was committed E. Yes, because Filemon was a criminal

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37. CINSP Menor, while patrolling Bago-Bago community in a Police car with SPO3 Caloy Itliong, blew his whistle to stop a Nissan Sentra car which wrongly entered a one-way street. After demanding from Linda Lo Hua, the driver, her drivers license, Menor asked her to follow them to the police precinct. Upon arriving there, he gave instructions to Itliong to guard Lo Hua in one of the rooms and not to let her out of sight until he returns; then got the car key from Lo Hua. In the meantime, the latter was not allowed to make any phone calls but was given food and access to a bathroom. When Menor showed up after two days, he brought LO Hua to a private house and told her that he would only release her and return the car if she made arrangements for the delivery of P5,000.00 in a doctors pad at a certain place within the next twenty-four hours. When Menor went to the designated spot to pick up the bag of money, he suddenly found himself surrounded be several armed civilians who introduced themselves as NBI agents. What crime was committed by Major Menor? A. arbitrary detention D. incriminatory machinations B. illegal detention E. forcible abduction C. Kidnapping 38. Rudy is an informer who told the Police authorities that Aldo is a drug pusher. PO2 Cruz then posed as a buyer and persuaded Rudy to sell marijuana worth P10.00 to the Aldo. Rudy agreed. He delivered the goods and so Aldo was apprehended with the marked money. Aldo is now prosecuted for violation of the Dangerous Drugs Act. Is the act of the police officer proper? A. No, because there was investigation B. Yes, because Aldo is a pusher C. Yes, because there was entrapment D. A and C E. No, because it was the policeman himself who acted as pusher buyer 39. Amy was apprehended and arrested by PO1 Bart for illegal parking. She was detained at the police precinct, underwent investigation, and released only after 48 hours. What crime was committed by PO1 Bart? A. unlawful arrest B. arbitrary detention C. illegal arrest D. illegal detention E. Delay in the delivery of detained persons to the proper judicial authorities 40. Ador, a policeman, was cleaning his service pistol inside his house when it fell from his hand and fired. The bullet hit a neighbor on the stomach and a second neighbor on the leg. The injuries sustained by the two neighbors required thirty-five(35) days and nine (9) days of medical attendance, respectively. What crime should be filed against Ador? A. Frustrated homicide and slight physical injuries B. 1 count of frustrated homicide C. 1 separate crime of serious physical injuries and slight physical injuries D. a separate crimes of serious physical injuries and slight physical injuries, both through reckless imprudence E. serious physical injuries

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41. Edgardo, a policeman, accompanied by Florencio went to serve a warrant of arrest on Emilio, a professional boxer at the latters apartment. Upon seeing Edgardo, not knowing that he was a policeman immediately boxed him. Edgardo fell flat on the floor. As Florencio tried to help Edgardo on his feet, Emilio also boxed Florencio. Edgardo was given medical attendance for nine (9) days due to his injury. What crime was committed by Emilio? A. Direct assault upon a person in authority B. Resistance or disobedience to an agent of person in authority C. A and B only D. slight physical injuries E. None of these 42. PO1 A caught B one night in the act of removing the glass jalousies of the window of the house of C which was closed. B had already detached three glass blades. If A was arrested, what crime should book against B? A. Attempted robbery D. consummated theft B. Attempted trespass to dueling E. consummated the space to dueling C. attempted theft 43. X, a police captain, arrested Y on suspicion of robbery. X interrogated Y but Y denied knowledge and participation in any crime of robbery. X then ordered Z, his assistant, to torture Y. As a result of the torture, Y confessed despite his innocence. What crime, if any, was committed by X? A. unlawful arrest D. grave threats B. illegal detention E. arbitrary detention C. grave coercion 44. X is serving a 6-year prison term. In this fourth year in prison, he discovered that the judge committed a mistake in giving him a 6year sentence when the law he violated called for 3-years imprisonment only. Y, the jail guard and a law student checked Xs contention and found it correct. X did not want to go to court anymore as he did not have any money to hire a lawyer to file habeas corpus and he had lost faith in the competence of Judges. X then informed Y he would just escape and the latter did not object. As soon as Y turned his back X sprinted out of his cell. What crime was committed by Y the jail guard? A. Evasion of sentence D. jail house rock B. dereliction of duty E. no crime C. infidelity in the custody of prisoner 45. A police officer surreptitiously placed a marijuana cigarette in the breast pocket of the polo shirt of a student and then arrested the student for illegal possession of marijuana cigarette. For what crime or crimes will the police officer be liable? A. liable for incriminatory machination B. liable for the complex crime of incriminatory machination with unlawful arrest C. entrapment D. a and b 46. A, a receiving teller of the Philippine National Bank, taking advantage of his position, appropriated the amount of P1,000.00 which he had in his possession. What crime was committed by A? A. theft D. estafa B. Qualified theft E. Malversation C. no crime was committed
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47. What crime exists when a single act constitutes two or more grave or less grave felonies or when an offense is a necessary means for committing the other? A. complex C. continuing B. composite D. compound 48. What must be considered in determining whether the crime committed is only attempted, frustrated or consummated? A. the elements constituting the felony B. none of these C. the nature of the offense D. the manner of committing the felony E. all of these 49. What crime is committed when A, while driving a truck, ran over a girl crossing the street during a torrential rain and the girl died? A. homicide B. reckless imprudence resulting o homicide C. serious physical injury D. murder 50. What crime can be charged of one who retains a minor in his service against the minor's will and under the pretext of reimbursing himself of a debt incurred by the child's parents? A. white slavery C. exploitation of child labor B. inducing a minor to work D. kidnapping 51. A notary public issued a supposed copy of a deed of safe, when in fact no such deed of sale was prepared by him. A is liable for A. estafa C. falsification B. forgery D. all of these 52. What kind of presumption involves the mental process by which the existence of one fact is inferred from proof of some other facts? A. conclusive B. of law C. disputable D. of fact 53. During the pendency of his criminal case, A died due to heart attack. His untimely death will result in the A. termination of the proceedings B. postponement of the case C. suspension of the case D. dismissal of the case for lack of respondent E. None of these 54. When could an ordinary citizen give his opinion regarding the handwriting of a person? A. when he has to testify only as to the mental and emotional state of the one who authorized the handwriting B. when it is the handwriting of one whom he has sufficient familiarity C. when he is a questioned examiner D. when he is a graduate of criminology 55. Is the right against self-incrimination automatically operational? A. yes, it can be waived C. no B. no, it must be claimed D. yes

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56. Can a husband testify against the wife in an adultery case? A. yes, the privilege of marital communication rule is already abolished B. yes, under the law she is a competent witness C. no D. yes, because crime charge is one committed by the wife against the husband 57. A is a supply officer of a municipality. He entered into an agreement with B to supply the municipality with some office forms at a price grossly disadvantageous to the municipality. The agreement as that part of the purchase price must be given to A. The transaction did NOT materialize. A is maybe liable for A. attempted estafa C. frustrated estafa B. attempted fraud D. consummated fraud 58. When can a private prosecutor be allowed to prosecute? A. under the authority of the Department of Justice Secretary B. when done under authority of the public prosecutor C. under the control and supervision of the public prosecutor D. done under the supervision of the regional prosecutor 59. What crime is committed against mankind, and whose jurisdiction consequently recognizes no territorial limits? a. piracy c. felonies b. theft d. suicide 60. Heads of State or Ambassadors can NOT be held criminally liable in another state or place of assignment under the principles of international law. This is an EXCEPTION to the general characteristics of Criminal Law which is A. prospectivity C. generality B. territorially D. immunity 61. Who represents the People of the Philippines in criminal cases on appeal before the Court of Appeals or the Supreme Court? A. Private Prosecutor C. City/ Municipal Prosecutor B. State Prosecutor D. Solicitor General C. a or c 62. What should the court do when the offense is less serious physical injuries and the offense proven is serious physical injuries and the dependant maybe convicted only of the offense as charged? A. he appears to be the least guilty B. he does not appear to be the most guilty C. not more than two accused can be state witness D. he seems to be not guilty 63. When is evidence presented in court for admissibility considered relevant to the issue? A. when it is not excluded by the rules B. when it has a direct bearing and actual connection to the facts and issue C. when it is not repugnant in taste D. when it is not immoral 64. What circumstances can be considered aggravating with the staying of an 80 years old woman? A. abuse of confidence C. disregard of age and sex B. neglect of elders D. disrespect of rank

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65. The rule on summary procedure applies to criminal cases where the penalty prescribed by law for the offense charged does not exceed A. 3 years C. 6 months imprisonment B. 6 years D. 4 years and 2 months 66. In a case of oral defamation, where the priest is the only available witness. Can a priest testify as to the alleged defamatory words given to him by the accused during confession? A. privileged given to a patient to a doctor B. privileged given to a husband to a wife C. privilege communication given to an attorney by a client D. privilege communication given by a penitent to a priest E. none of these 67. Who are criminally liable, when having knowledge of the commission of the rime, without having principally participated therein, takes part subsequent to the commission, either in profiting, by the effects of the crime, or by concealing or destroying the body of the crime? A. witnesses c. principals E. All of these B. accessories D. accomplices 68. A, the neighbor of B, shot the pig of B which was eating A's camote plants. A thereafter cook the pig's meat (pork) and consumed the same. What is A liable for? A. violation of Anti-fencing Law D. malicious mischief B. violation of Anti-Cattle Rusting Law E. theft C. cruelty to animals 69. What are the infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of society? A. mala prohibita D. felonies B. violation of ordinances E. mala perse C. misdemeanor 70. X went to the United States. While he was there, he courted Y an American. They eventually got married. When X returned to the Philippines, his wife, Z filed an action against him for violating their marriage. What is X liable of? A. crime D. adultery B. concubinage E. bigamy C. b or c 71. A treasury warrant was payable to A or his representative. B took possession of the warrant, wrote the name of A, endorsed it at the back and was able to encash it. B is liable forA. estafa C. falsification B. forgery D. all of these 72. What is that statement made by a wounded person shortly after he received severe bolo stabs narrating therein the whole incident to another which is admissible in evidence as part of A. res nullus C. res judicata B. res ispa loquiter D. res gestae 73. A, B, C are board mates of D. A, B, and C conspire to kill X, a witch, because he is perceived to cause misery among many in the barangay. D knew about it all along after conspiracy but made no move to report to the authorities. In this case , D A. is liable for murder D. is an accessory to murder B. is a conspirator E. neither C. incurs no criminal liability

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74. "Aberratio ictus" has the same means as A. mistaken identity D. mistake in the blow B. results areless than intended E. neither C. result is greater than intended 75. A, with intent to kill, fired a revolver at B. He inflicted a fatal wound. A brought B to a hospital, and due to timely medical assistance, B survived. What crime did A commit? A. physical injuries C. frustrated felony B. attempted felony D. no criminal liability 76. Under the New Constitution, who is empowered to order or change the venue or place of trial in order to avoid miscarriage of justice? A. executive judge C. Supreme Court B. regional trial court D. regional state prosecutor 77. What rule is observed when generally, there can be no evidence of a writing, the contents of which is the subject matter of inquiry other than the original itself? A. secondary evidence D. parol evidence B. corollary evidence E. best evidence C. hard evidence 78. What kind of executive clemency wipes away the guilt of the convicted person, subject to the three limitations to be executed by the President? A. pardon C. reprieve B. amnesty D. penalty 79. What crime is committed when the offender, acting under a single criminal resolution, commits a series of acts in the same place at about the same time and all the overt acts committed violate one and the same penal provisions? A. composite C. continuing crime B. compound D. complex C. b or d 80. In what instance can alibi (the weakest defense) acquire commensurate strength in evidential value? A. when it changes the burden of proof B. when evidence for the prosecution is strong C. where no positive and proper identification has been satisfactorily made D. when questions on whether or not accused committed the offense is clear E. None of these 81. B is less than three days old. He is a child of X by his paramour Y. B is killed by X to prevent his discovery by X's legitimate wife, Z. The crime committed by X is A. homicide D. murder B. infanticide E. b or c C. parricide 82. What kind of motion may be availed of anytime before arraignment? A. motion to dismiss D. motion to review B. motion for reconsideration E. motion to quash C. all of these 83. Who is a person in authority among the following: A. policeman D. MMDA enforcer B. barangay captain E. barangay tanod C. All of these
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84. A and B, living together as husband and wife, but not married. A killed B. What crime does A committed? A. murder only D. murder & homicide B. homicide only E. parricide only C. none of the these 85. A and B are board mates. B went out from their boarding house. A put chair to block the door. Suddenly, a person is forcing to open the door block with chair. Ask the person forcing to open the door, the person is not responding. A went to kitchen to get knife. B forced to open the door. Then A struck B with the knife. B died. What crime did A committed? A. mistake in blow D. mistake in fact B. error on personae E. mistake of identity C. none of these 86. A with intent to kill B, burn the house of B. B died. What crime A committed? A. arson with M D. murder only B. arson only E. all of the above C. homicide only 87. Peter died to tumultuous affray. What should be the proper case to be filed? A. all of them will be put on the complaint B. different charges will be filed to each of them C. none of the above D. both A and B 88. John stabbed Steve three times resulting to Steves death. Due to circumstantial evidence presented, it found out that Steve is John's brother. What crime did X committed? A. murder C. homicide B. parricide D. none of these 89. What is the minimum distance imposed to those punished with Destiero? A. 25 kms D. 50 kms B. 75 kms E. none of these C. 95 kms 90. How many days that a child that was born before the second marriage can become legitimate? A. 181 D. 180 days B. 191 days E. 190 days C. none of these 91. The crime of libel will prescribe how many days? A. one (1) year D. two (2) years B. four (4) years E. three (3) years C. None of these 92. How many days before a Prosecution will issue a subpoena? A. 10 D. 20 B. 30 E. none of the above C. 15 93. XX killed his three-year-old child, what crime did he commit? A. infanticide C. parricide B. homicide D. none of these 94. A is walking a certain street, on his way, he found P100.00 bill. A went in a certain restaurant and spend the money to pay the food he ate, what did A committed? A. Swindling D. thief B. estafa E. robbery C. none of these
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95. What is the penalty of libel? a. one year c. three years b. two years d. four years e. six years 96. Which of the following evidence is the same, as that which is already given? A. Corroborative evidence C. "Factum evidence" B. Cumulative evidence D. Testimonial evidence 97. The body of a dead person is ___________ if his death is at issue. A. real evidence B. testimonial evidence if testified by a medico legal C. secondary evidence D. Corroborative evidence of death E. None of these 98. When is evidence presented in court for admissibility considered relevant to the issue? A. when it is not excluded by the rules B. when it has a direct bearing and actual connection to the facts and issue C. when it is not repugnant in taste D. when it is not immoral 99. How should the plea to a complain or information be made by the accused? A. personality, in open court and of record B. by the approval of the court and upon written request by the accused C. through counsel in open court and on record D. personality by written motion E. None of these 100. A Search Warrant is valid and can only be served once the date of issuance, within; A. 40 days B. 15 days C. 10 days D. 30 days

**NOTHING FOLLOWS** For key answers, email [email protected]

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