問題一覧
1
Bubbles a married young woman, was sound sleep in her bedroom when he felt a man on top of her. Thinking It was her husband who came early from his work; Bubbles let him have sex with her. After the act the man said, "thank you for the unforgettable night" realizing that he was not her husband, he got furious and so she took her husband gun and shoot the man and it turn out that it was his father. Decide Mr. Criminologist.
Bubbles is criminally liable because the unlawful aggression against in honor had already ceased.
2
It is required that the criminal intent be evidenced by notorious acts evincing the determination to commit the same It must be evident and not merely suspected or merely through of or contemplated mentally, without externalized acts. It its necessary to establish that the accused meditated on his intention between the time it was conceived and the time the crime as actually perpetrated. From among the following aggravating circumstances, what is being decribed?
Evident premeditation
3
Duterte with a revolver shot Roxas, missing him but the bullet hit Binay who is Duterte'sfather. Duterte committed the crime of attempted homicide with parricide. What kind of a complex crime is committed?
Compound crime (Delito Compuesto)
4
Mark kidnapped Ryan and demanded a ransom of P100,000,00 from Ryans parents. Intime, the ransom was paid and the victim was released. When Pia (Mark's adopted sister) learned that Mark was being hunted by the police for kidnapping, she (Pla) took Mark into her house and concealed him. Mark was able to elude the he criminal liability of Pia, if any?
No criminal liability as Pia was a relative of Mark
5
Michael was charged with homicide and after 10 years of litigation, he was convicted and sentenced to suffer 18 years of imprisonment and the civil damage of P 100, 000.00. While on Appeal, he died of tuberculosis. His death and ended the imprisonment penalty. How about the civil liability?
No more obligation
6
Michael was subpoena by the court but disobeyed the order. He was punished by the Judge for contempt and because of that Michael waited for the judge to go out his office. Upon seeing the Judge, Michael hurriedly approached the Judge and without saying a word Michael struck him with his fist causing a slight injury on the face of the Judge, what crime was committed by Michael?
Direct assault upon a person in authority
7
Which among the following is NOT TRUE regarding the doctrine of Judicial Hierarchy?
It derives from a specific and mandatory provision of substantive law
8
SITUATION X shoot Y in the head during a quarmel over a hostess in a nightclub. Two days after the incident, and upon complaint of Maine the widow of Y, the police arrested X without a warrant of arrest and searched his house without search warrant. Q. Can the gun used by X in shooting Y, which was seized during the search of the house of X, be admitted in evidence?
All of the above
9
SITUATION X shoot Y in the head during a quarmel over a hostess in a nightclub. Two days after the incident, and upon complaint of Maine the widow of Y, the police arrested X without a warrant of arrest and searched his house without search warrant. Q. Is the arrest of X legal?
All of the above
10
SITUATION X shoot Y in the head during a quarmel over a hostess in a nightclub. Two days after the incident, and upon complaint of Maine the widow of Y, the police arrested X without a warrant of arrest and searched his house without search warrant. Q.Under the circumstances, can X be convicted of homicide?
Yes, the gun is not indispensable in the conviction of X because the court may rely on testimonial or other evidence.
11
It is an evidence of greater weight or more convincing than that which is offered to refute it.
Preponderance of evidence
12
It refers to evidence other than the original instrument or documents itself.
secondary evidence
13
A kind of evidence which shows that a best evidence existed as to the proof of the fact is in question
Secondary Evidence
14
Alex married Bea. Thereafter, Alex married Celsa, but this marriage took place because Celsa forced Alex to marry her at gunpoint. Alex sued Celsa in a civil case for declamation of annulment of marriage. Supposed Bea seus Alex for bigamy, what will the cause of temporary suspension of criminal case filed by Bea against Alex?
The prejudicial involved here
15
X got mad with his neighbor, so he lit a rag soaked with gas and place it against the wall of his neighbor's house. A small, very small portion, repeat, very small portion only, of the house was burned. The fire that burned that portion could not have even hurt anyone. Luckily, the fire was put out before it became a major one. What crime was committed?
Consummated Arson
16
When a municipal treasurer collects payment of taxes from a citizen issuing receipt therefore, such treasurer is liable for:
illegal exaction
17
It is qualified theft when the coconut stolen are taken from the
premises of the coconut plantation
18
Kissing a girl in public and touching her breast without lewd designs committed by a rejected suitor to cast dishonor on the girl, what crime was committed?
slander by deed
19
X went to the house of his fiancée of 17 years old, her parents being absent, and waiting of that opportunity, with a renewal of his promise to marry her, he succeeded in having sexual intercourse with her. What crime was committed?
seduction
20
X, by means of promises of marriage, induces a girl of 19 years old leave her house and then had sexual intercourse with her and immediately thereafter she returns to her dwelling, what crime was committed?
no crine committed
21
Under Art. 122, Revived Penal Code, the crime of piracy is committed by:
Non-member of the complement of the vessel and non-passenger of the vessel
22
A, B, C and D murdered Pedro in the forest. E, who was an innocent passerby in the forest, accidentally saw what A, B, C and D had done. A, B, C and D also saw E, and they pointed their guns against E, and forced E to burn the cadaver of Pedro. Is E criminally liable as an accessory for burning the cadaver of Pedro?
No, he acted under the compulsion of irresistible force.
23
The offenders threatened to explode a bomb inside the airplane after its passengers have already boarded and the exterior doors were closed if the pilots refused to start the engine and to fly it in communist China. The crime committed is;
Anti-Hi-Jacking Law since airplane is already in flight
24
After all the passengers of Cebu Pacific aircraft have boarded already and exterior doors were already closed, a passenger was shot or killed in the course of Hi-Jacking the airplane. What crime was committed?
Violation of Anti Hi-Jacking Law
25
A PAL aircraft is bound for Cebu Pacific. While the pilot and co-pilot are taking their snacks at the airport canteen, some armed men were also there who followed the pilots in going to the aircraft. As soon the pilot entered the cockpit, they pulled their firearms, and compelled the pilots to fly the aircraft to Zamboanga and ordered the exterior doors of PAL be closed and so all exterior doors were closed. But in a short while the offender was apprehended. The crime committed is:
The Anti Hi-Jacking Law does not apply because the aircraft is not yet in flight hence, the crime committed
26
Matt goes to a sauna parlor and finds a descendant of 2 years old, and despite that, Matt had sexual intercourse with her, regardless of her reputation or age What crime committed?
qualified seduction
27
A father who intentionally kills his son who is only less than three days old is guilty of the crime of
infanticide
28
A is the owner of a tupada in their town. A approached the Chief of Police who is a kumpare and asked the Chief not to raid his tupada. The Chief complied by not raiding it. What crime was committed by the Chief?
Negligence and tolerance in the prosecution of offenses/prevaricacion
29
Which of the following processes in court proceeding is the presence of the accused indispensable?
during the arraignment
30
A shot B, producing a mortal wound. B, knowing that he would die anyway, decided to hasten his own death by slashing his own throat causing his immediate death. Here, A is
still criminally liable for homicide
31
Under the Rules of Court, when is the party (prosecution or defense) considered to have rested its case?
after the court has ruled on the formal offer of evidence.
32
When the kidnapping is without lewd designs, the crime committed is:
illegal detention
33
But where the offended party was forcibly taken to the house by the offender to force her to marry him, the crime committed is:
coercion
34
A crime was committed in Makati, but the prosecutor filed the case in Muntinlupa. Later, when the prosecutor realized the mistake, he filed the case in Makati and withdrew the Muntinlupa case. The accused objects on the ground that there is double jeopardy. Is there double jeopardy?
No, if the Muntinlupa court had no jurisdiction, the accused was in no danger of being placed in jeopardy.
35
If a girl, below 12 years old, agreed to the elopement, what crime was committed?
forcible abduction
36
While manning the traffic lights at the intersection of Espana and Washington St. Patrolman X ordered Y to stop his taxi, threatened to arrest him and confiscate his driver license for allegedly over speeding and reckless driving. Familiar with the dirty ways of some traffic policeman, Y pulled out his wallet, picked up his driver's license with the hidden P200.00 inside the same and handed it to patrolman X thereafter, the patroiman retumed to Y his license and allow him to go. What crime did patrolman X commit?
direct bribery
37
X is an accused in a criminal case for consummated murder. X tried to settle the case with the family of the offended party. X's act of settling the case is ____
an offer of compromise and implied admission of guilt
38
Krystal, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an Indonesian-registered commercial vessel. While on board the vessel, which was still docked at the port of Manila, she saw her mortal enemy, Ms. Alyssa, an Australian citizen. Alyssa was seated at the front portion of the cabin and was busy using her laptop, with no idea whatsoever that krystal was likewise onboard the ship. Consumed by her anger towards Alyssa, Kiystal stealthily approached the Australian from behind, and then quickly stabbed her neck with a pocketknife, resulting in Alyssa's immediate death. Operatives from the Philippine National Police Maritime Command arrested Krystal for the killing of Alyssa and thereafter, intended to charge her under the RPC. Krystal contended that the provisions of the RPC cannot be applied and enforced against her because both she and the victim are not Filipino nationals, and besides, the alleged crime was committed in an Indonesian registered vessel. Is Krystal's contention against the application of the RPC against her tenable?
No, the RPC can be applied and enforced against Krystal even though both of them are foreign nationals and the crime was committed in foreign vessels
39
Ryan went to Ninoy Aquino International Airport (NAIA) in Pasay City and boarded an airship of the Philippine Airlines destined for USA. As the airship passes the Pacific Ocean, Ryan killed Jeffrey, a fellow passenger. Which court can try the case of murder committed by Ryan? Is it the Philippine Courts or the U.S. Courts?
Philippine Court can try the case under Art. 2 as it provides that RPC shall be applied to those who should commit offense while on Philippine Ship or Airship
40
Chano was found guilty of the crime of Murder, qualified by treachery by the RTC, which was affirmed by the CA. Chano makes the claim that the CA erred in convicting him despite the prosecution's failure to establish a motive for the killing. Is Chano's claim proper?
No. it is not an essential element of a crime and need not be proven by the State
41
41. Menoy and Bay went on a drinking spree. While they were drinking, they had some arguments so Menoy stabbed Bay several times. Menoy's defense is that he had no intention of killing his friend and that he did not intend to commit so grave a wrong as that committed. Is praeter intentionem properly invoked
Praeter intentionem is Improperty invoked because it is only mitigating if there is a notable disparity between the means employed and the resulting felony.
42
Marigel and Donna were regular customers at Batalla's store. At around two o'clock in the morning of Jan. 23, 2002, while Marigel was buying bread at Batallas's store, Donna suddenly appeared and, without uttering a word, stabbed Marigel on the left side of Marigel's body using a sharpened bamboo stick. When Donna fled, Batalla chased Villacorta but failed to catch him. When Batalla returned to her store, she saw Rheyniel removing the broken bamboo stick from Marigel's body. Batalla and Rheyniel then brought Marigel to Tondo Medical Center and was treated as an outpatient. Marigel was later brought to the San Lazaro Hospital on Feb. 14, 2023, where he died the following day of tetanus infection secondary to a stab wound. What is the proximate cause for the death of Marigel?
The proximate cause of Marigel's death is the tetanus infection
43
Mendicancy law on the giving of small amounts of money to street beggars is a special law when arrested for violating the said law, the suspect argued that he should not be held liable because his motive is not to violate the said law but to help the poor. Would you still criminally charge the man with a soft heart for the poor?
Yes
44
Jericson proposed to RV that they rob a certain store, to which RV agreed, later, however, RV undertook the robbery alone and made off with P100,000.00 cash. The following day, after making some shallow explanation, RV apologized to Jericson and gave the latter P30,000.00 which Jericson somewhat grudgingly accepted. What is Jericson's liability? If any?
Accessory
45
What do you call that recognition by the court without the introduction of evidence? It means that courts will admit without proof of facts those matters of public concern which are known by all well-informed persons.
judicial notice
46
Which of the following best describes the nature of human rights?
Inherent to all individuals by virtue of being human
47
One night, JM, with his cohorts, had gone to the residence of the victim where they violated his domicile by first pulling off the sack that covers their nipa hut where they slept. The victim pleaded to accused JM to stop but the latter instead fired a shot wherein the victim used his body to cover his family. JM still fired volleys of shots which landed fatally on the body of the daughters of the victim. The two daughters expired upon arrival in the hospital. Is JM liable for double munder and multiple attempted murder?
Yes, JM is liable for double murder multiple attempted murder since the design of the crime was to neutralize the entire family instead of the two daughters specifically.
48
Which principle suggests that all human rights are interrelated and equally important?
Indivisibility and interdependence
49
How do economic, social, and cultural rights differ from civil and political rights?
Cover aspects like healthcare and education
50
Under what circumstances can human rights be restricted?
For public safety or protecting others' rights
51
What is the role of international treaties in safeguarding human rights?
They establish legal frameworks and standards
52
When can corporations be held accountable for violating human rights?
When their actions infringe upon individuals' rights
53
Which concept suggests that the violation of one human right can negatively affect the enjoyment of other rights?
Indivisibility and interdependence
54
Can cultural differences lead to variations in the interpretation of human rights?
Sometimes, due to cultural, social, and political differences
55
How do human rights evolve over time?
By legislative reforms and societal changes
56
Yvette told Jessa that he will use the latter as a false witness in a crime in which Yvette was a party. Jessa agreed and the two together with Yvette's lawyer invented a story wherein it was made to appear that Jessa was a witness to a certain transaction. If Yvette would introduce the testimony of Y in court, Jessa would be liable for the crime of "Offering false testimony in evidence". This crime is also known as:
subordination of perjury
57
X a woman, was caught in flagrante delicto in the act of having sexual intercourse with Y a man. Investigation revealed that X had sex with Y in consideration of fifty (P50) pesos only. Assume that it was proven that X committed the act of having sex for a fee for the first and that precise time only, may X be legally considered a prostitute?
no
58
What crime is committed by anyone (adult) who shall kill a child three years old?
murder
59
Kris Haliparot was a kleptomaniac. She was prosecuted for the theft of jewels committed in a jewelry store while she was attacked by her said sickness. Is she criminally liable?
Yes, however it is a mitigating circumstance.
60
Two police officers dressed as civilians were conducting surveillance in Binangonan, Rizal. They went near a store when suddenly Rolando and his wife arrived and approached the police officers not knowing their real identity. Rolando spoke to one of the officers and asked, "Gusto mo bang umi-score ng shabu?" The officer replied, "Bakit, meron ka ba?" Rolando answered in the affirmative and then he took a sachet of shabu and showed it. When the officer asked how much the shabu was, Rolando replied P200. Upon seeing the sachet, the police officers immediately introduced themselves and arrested Rolando and his wife. They were charged of attempted illegal sale of dangerous drugs which is found under Sec 26 of R.A. No. 9165. Can there be an attempted stage in the illegal sale of dangerous drugs?
Yes, when the police officers introduced themselves, there was no delivery transpired thus, the consummated sale of drugs was aborted by the act of the police. Therefore, the crime committed is only attempted illegal sale of dangerous drugs
61
Joshua, Daniel, Khalil, and Jarnes were strolling at the Municipal Park, when they were blocked by four (4) persons, namely Ser Geybin, Hammerman, Jawo, and Katagumpay. Daniel was walking ahead of Joshua. When he looked back, he saw Joshua being ganged upon by the group of the accused-appellants who held both the hands of Joshua, while Ser Geybin stabbed Joshua. Ser Geybin admitted stabbing Joshua in self-defense. Will his defense lie?
No, Ser Geybin's defense will not lie. To avail of self-defense as a justifying circumstance so as not to incur any criminal liability, it must be proved with certainty by satisfactory and convincing evidence which excludes any vestige of criminal aggression on the part of the person invoking it.
62
The single act of A in firing a shot caused the death of two persons, arising from one bullet, who were standing on the line of the direction of the bullet. Is A liable for two separate crimes of homicide?
No. Since the deaths of the two victims were a result of one single act of firing a shot, a complex crime was committed.
63
A paramour who was surprised in the act off having sex with a legally woman cannot invoke self-defense if he killed the offended and deceived husband who was attack or assault by the offended husband as the paramour knew that he was performing an unlawful and criminal act thereby exposing himself to the vengeance of the offended spouse. This statement is
True
64
Edson, a call center agent assigned at a graveyard shift, went home earlier than usual. He proceeded immediately to their bedroom to change his clothes. To his surprise, he found his wife Mary Ann in bed making love to another woman Rizza. Enraged, Procopio grabbed a knife nearby and stabbed Mary Ann, who died. Could Edson instill invoke the Death under Exceptional Circumstance even the paramour is also a woman?
Yes
65
Situation: Chico was a Chef Cook in Chowking. He was afraid of bad elements. One evening, before going to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door. He called out "who's there?" but he received no answer. Fearing that the intruder was a robber, he leaped from bed and called out again, "if you enter the room I will kill you". But at that precise moment he was struck by the chair that had been placed against the door, and believing that he was being attacked, he seized a kitchen knife and struck and seriously wounded the intruder who turned out to be his wife who was giving him a surprise visit. Q. Assuming Chef Chico is liable under the foregoing circumstances, what crime has he committed?
Serious physical injuries
66
Situation: Chico was a Chef Cook in Chowking. He was afraid of bad elements. One evening, before going to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door. He called out "who's there?" but he received no answer. Fearing that the intruder was a robber, he leaped from bed and called out again, "if you enter the room I will kill you". But at that precise moment he was struck by the chair that had been placed against the door, and believing that he was being attacked, he seized a kitchen knife and struck and seriously wounded the intruder who turned out to be his wife who was giving him a surprise visit. Q. Which of the following circumstances affecting criminal liability in genera applicable in the preceding situation?
Justifying circumstances
67
Situation: Chico was a Chef Cook in Chowking. He was afraid of bad elements. One evening, before going to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door. He called out "who's there?" but he received no answer. Fearing that the intruder was a robber, he leaped from bed and called out again, "if you enter the room I will kill you". But at that precise moment he was struck by the chair that had been placed against the door, and believing that he was being attacked, he seized a kitchen knife and struck and seriously wounded the intruder who turned out to be his wife who was giving him a surprise visit. Q. In the preceding question what specific defense could A Chung be properly invoked?
Self Defense
68
Situation: Chico was a Chef Cook in Chowking. He was afraid of bad elements. One evening, before going to bed, he locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door. He called out "who's there?" but he received no answer. Fearing that the intruder was a robber, he leaped from bed and called out again, "if you enter the room I will kill you". But at that precise moment he was struck by the chair that had been placed against the door, and believing that he was being attacked, he seized a kitchen knife and struck and seriously wounded the intruder who turned out to be his wife who was giving him a surprise visit. Q. Which of the following specific circumstances affecting criminal liability can be invoked properly by A Chung?
Mistake of fact
69
A, a police officer detained B, his "kasambahay" for having a quarrel with his 4-year-old child. Can arbitrary detention be committed by A?
yes, because he is a police officer and he detained B without legal ground.
70
Suppose A is a non-uniformed police officer. He detained his "kasambahay" after quarreling with his 4year-old child. Can arbitrary detention be committed by A?
no, as a non-uniformed police officer, he is not a person in authority
71
Mala in se are those crimes so serious in nature as to call for unanimous condemnation of the society, while mala prohibit are those which are
violations of mere rules of convenience designed to secure orderliness in our society.
72
A ordered B to kill C (B's father). If he would not do it, A threatened B that he (A) would kill B's carabao. B killed C, his own father, to save the life of the carabao, because he loved his carabao more than he loved his father. Is B exempted based on uncontrollable fear?
No, because the evil with which he was threatened was much less than that of killing his own father.
73
X and Y were before the police station and under investigation for stealing razor. X was beaten by the police within the hearing distance of Y. Y, on the other hand, was luckier because he was not subjected to the same treatment. Y made an extrajudicial confession out of fear that he would be beaten later if he did not confess. Y's extrajudicial statement is
not admissible because the torture of X within Y's hearing distance is sufficient intimidation to Y as well, hence, his confession was not voluntary
74
This is a remedy available to a person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party:
Writ of habeas data
75
X saw Y bloodied and sprawling on the ground. X asked this question: "Tio, who wounded you?" Y answered: "You ask your Tia". May the Tia be convicted of murder based on the statement of Y and consider the same as a dying declaration?
No, because the statement of Y is not clear, unequivocal or precise as to who wounded him.
76
X was standing in front of his own house when suddenly, he fell down as he was gunned down by a group of men. X's wife immediately rushed to his aid and upon seeing his wife, X said in a weak voice: "Kung ako ay bibigyan pa ng Diyos ng pangalawang buhay, hindi maaaring hindi mananagot si Bebot at si Frankie. "X died. Bebot and Frankie may be convicted based on X's
dying declaration
77
X saw his grandmother sprawled on the ground and bloodied. X asked: "Nang, what happened?" The grandmother answered: "Si Paqui". The grandmother's statement cannot be admitted as a dying declaration because a dying declaration must be
complete in itself
78
X killed his employer inside the employer's bodega. Immediately after having killed his employer, X called upon Y, the security guard of the bodega, and told the latter that he (X) had just killed their employer. Y, shocked and bewildered, immediately phoned the police. X's statement to Y may be used in evidence against X as
parts of the res gestae
79
Maria was accused of falsification. While Maria was on the witness stand, the prosecution asked her to write her name and to sign on a piece of paper, in order to prove that she authored the libelous material. Maria objected, as writing and signing her name would violate her right against self-incrimination. Can Maria legally refuse to write her name/give sample specimens of her handwriting?
Yes, writing is something more than moving the body, or the hands, or the fingers, writing is not a purely mechanical act, because it requires the application of intelligence and attention; and in this case writing means Maria will furnish a means to determine whether or not she is the falsifier.
80
X was charged with a certain crime before the RTC. Although ball was allowable under his indictment, he could not afford to post bail, and so he remained in detention at the city jail. For various reasons, ranging from the promotion of the presiding judge, to the absence of the trial prosecutor, and to the lack of notice to the city jail warden, the araignment of X was postponed nineteen times over a period of two years. What can the lawyer for X do in order to protect the rights of the accused or his client?
File a motion to dismiss due to violation of the right of the accused to speedy trial.
81
A told B, "I will rape/kill you and your relatives if you will not accept me as your boyfriend", Here, A committed
grave threats
82
A robber pointed his gun against B and said, "bigay mo pera mo, kung hindi papatayin kita". What crime was committed?
Grave threats only
83
Pedro was the college school mate of Juan. Juan, out of pure generosity, allowed Pedro to sleep in his house. Pedro stole the property of Juan while Juan was sleeping. What crime was committed?
Qualified theft
84
A father took the suitcase of his son and burned it. The crime is
malicious mischief but exempted from criminal liability
85
Intod, armed with a firearm and with intent to kill, positioned himself in front of Mr. Palangpangan's house, directly opposite the latter's bedroom, where he honestly believed the supposed victim was located at that moment. Intod wasted no time and riddled with bullets said portion of the house. Luckily for Mr. Palangpangan, he was absent from his room at that moment as he was in another city. Nobody was hit by the bullets fired by Intod. What crime was committed by Intod?
Impossible crime (of murder)
86
D/ Based on Sulpicio Intod vs. CA and People, G.R.No.103119 October 21, 1992. Note: Other experts in Criminal Law say that Intod should have been found guilty of malicious mischief or alarms and scandals instead of impossible crime. But in our case, we stick to jurisprudence: our answer is still "Impossible crime". Q. A was convicted by final judgment of theft. While he was serving sentence for theft, he was found in possession of marijuana. He was charged with possession of dangerous drugs under RA 9165, and was found guilty therein. Is A considered a quasi-recidivist?
No, A is not a quasi-recidivist for the reason that the second offense is not a felony or one which is punishable by the Revised Penal Code.
87
A mother stole jewelry from a jewelry store. The daughter of that mother, knowing that her mother stole these Items, hid these pieces of jewelry so the police would not see them. The daughter is,
accessory but exempted from criminal liability due to her relationship to the principal
88
88. A mother stole jewelry from a jewelry store. The daughter of that mother, knowing that her mother stole these items, got the pieces of jewelry from the mother and sold them to an unsuspecting buyer. Thereafter, both the mother and the daughter divided the money among themselves. The daughter is,
an accessory not exempted from criminal liability
89
The husband saw/caught his wife rising up and putting on her underwear while there was a man who was a few meters away from the wife and he was buttoning his shirt. The place was a secluded "talahiban". The husband suspected that the two had just performed sexual congress so he killed his wife and the man. Here, the husband is
criminally liable
90
90. H (husband) and W (wife) are married. H took a beautiful college student, pays for her tuition and even pays for her apartment. H, however, never lives or sleeps in that apartment. Here,_______
there is no concubinage
91
H and W are married. H impregnated K, their kasambahay. Is there concubinage?
None, because there is no act of concubinage as mentioned in Article 334 of the RPC.
92
92. X was arrested in flagrante delicto. An inquest proceeding was conducted. The rules provide that he may ask for a preliminary investigation before the information is filed, provided
he must sign a waiver of instituting a case of delay in delivery of detained person to proper judicial authority under Article 125 of the RPC done in the presence of a lawyer
93
X is charged with murder. On arraignment, he pleaded "guilty" and made the following remarks/qualifications: "hindi ko sinasadya". What has become of the plea of guilty because of these remarks?
c. Both A and B
94
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?
Best evidence rule
95
It is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case. It may shift from one party to the other in the course of the proceedings, depending on the exigencies of the case:
Burden of Evidence
96
Generally in criminal cases, the prosecution cannot initially attack the character of the accused. It is only when the defense introduced evidence of his good moral character that the state can present contrary evidence. This is done in what stage?
Rebuttal
97
The death certificate issued by a medico-legal officer is what kind of evidence in relation to the testimony of X who says that Y killed Z?
Corroborative evidence
98
In court, when does a lawyer offer testimonial evidence?
The offer of the testimony of a witness in evidence must be made at the time the witness is called to testify.
99
The admissibility of evidence is determined at the time it is
offered
100
Under the broader rule, a witness may be cross-examined on any relevant matter.
English/It is the English rule on cross examination which is being practiced by our trial lawyers and allowed by trial court judges