CBRC Pre Board CLJ

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The following EXCEPT one are the requisites for the exercise of CRIMINAL JURISDICTION

jurisdiction over the case

Who represents the state in cases cognizable BY the SANDIGANBAYAN?

Ombudsman

It is the formal mode and manner of implementing the constititionel RIGHT OF AN ACCUSED to be INFORMED OF THE NATURE and CAUSE OF ACCUSATION AGAINST HIM.

Arraignment

Person is about to commit a crime in your PRESENCE. As a police officer, what would BE the appropriate course of action to do considering that the CRIME IS YET TO BE CONSUMMATED?

To arrest the person even without warrant of arrest

This pillar of the Philippine Criminal Justice System is concerned with the REFORMATION AND REHABILITATION of the offender.

Correction

It can be described in two basic principles: (a) giving what is due to others, and (b) treating equals equally and unequal equally according to their inequality.

Justice

it is the STUDY OF VARIOUS GOVERNMENTAL AGENCIES which are responsible in processing law violators.

Criminal Justice

The model of criminal justice system where the person of the ACCUSED IS PRESUMED INNOCENT UNTIL PROVEN GUILTY BEYOND REASONABLE DOUBT. It is the duty of the prosecution to prove that the accused is guilty. RIGHTS OF AN INDIVIDUAL is co-equal with the safety of the public.

Due process model

The AMICABLE SETTLEMENT shall have the force and effect of a ___of a court upon the EXPIRATION of TEN (10) days from the date of settlement.

Final judgment

This is a voluntary process where in a person, SELECTED BY THE DISPUTING PARTIES, facilitates communication and negotiation, and assists the parties in reaching a VOLUNTARY AGREEMENT regarding a dispute.

Mediation

This means that HUMAN RIGHTS CANNOT BE RIGHTFULLY taken away from a free individual Cannot be given away or be forfeited

Inalienable

Procedural DUE PROCESS simply means that ___.

The law must hear before it condemns

Means the RIGHT TO be given an opportunity to CROSS-EXAMINE and this right of course can be done through the parties' counsel.

Right of confrontation

This means that ALL PERSONS or things similarly situated should be TREATED ALIKE BOTH as to rights conferred and responsibilies imposed.

Equal protection of law

What are the requisites of procedural DUE PROCESS in JUDICIAL PROCEEDINGS?

All of these

All person can FREELY their political status and pursue their economic, social and cultural DETERMINATION.

right to self-determination

These are the RIGHT that secure for the individuals their means of securing HAPPINESS

civil

This refers to the METHOD or manner by which the LAW IS ENFORCED. Its basic elements are NOTICE and opportunity to be heard.

procedural

These are the RIGHTS THAT GUARANTEE an individual his right to ENJOYMENT of his well-being and his SECURITY IN THE STATE.

social and economic rights

These are the rights of the citizen as regards to his/her participation in the ADMINISTRATION OF THE GOVERNMENT.

political rights

Marko, Marka and Marki robbed a bank. Marko and Marka entered the bank and took all the money from the teller while Marki remained outside the bank and served as look-out. Marko is liable for the crime as?

principal by direct participation

X tried to kill Y by poisoning. One morning, X put sugar on the food of Y thinking that it was arsenic. INSTEAD OF DYING, Y suffered diabetes. In this case, the crime is not committed because the material HE MIXED ON THE FOOED IS ___.

Ineffectual

It is one where the purpose of the offender in performing an act is NOT CERTAIN.

Indeterminate offense

Renz, with intent to kill, shot Apollo on the head. But because of his lack of precision, the bullet merely GRAZED THE TOP OF APOLLO’S HEAD. What was the crime committed?

Attempted homicide

____ is one composed of two or more crimes, BUT IS SPECIFICALLY DEFINED, treated and punished under the Revised Penal Code (RPC) as a single indivisible offense.

Special complex crime

It involves a determination to commit the crime prior to the moment of its execution and also to carry out the criminal intent which must be the result of DELIBERATE, CALCULATED and reflective thoughts through a period of time sufficient to dispassionately consider and accept the consequences thereof, thus indicating greater perversity.

Evident Premeditation

The PHASE in the commission of the crime when the person is from the point of beginning or within the point where he can STILL DECIDE to desist or continue the commission of the crime is the _ phase.

subjective

Those where the act of a person is TECHNICALLY A CRIME, but because of public policy, there is NO PENALTY IMPOSED.

Absolutory Cause

For the ATTEMPTED STAGE to exist one of the requirements is that there must be an "overt act". OVERT acts means ___.

A physical act indicating the intention of the accused to commit a specific crime

X attempted to commit UNJUST VEXATION (a crime against personal liberty and security), a light felony punishable by arresto menor against Y. Assume that X was, charged before the court of the crime of attempted unjust vexation. What do you think will most likely happen?

X will be acquitted because an attempted light felony of a crime not against persons or property is not punishable under the law

When there is doubt about the meaning or application or interpretation of a penal law and the doubt admits of two interpretations, one which is lenient to the offender and the other one is favorable to him, then the interpretation which is FAVORABLE TO THE ACCUSED should be applied.

Pro reo doctrine

The maxim Actus me invito factus non est meus actus means __.

A person who has no freedom to act is not criminally liable for his actions

When are light felonies punishable?

Only when consummated except on crimes against persons and crimes against property

When a crime is committed on board a US WARSHIP while it is ON PHILIPPINE WATERS, the ___.

US military law shall be applicable

Rebellion and coup d' etat when COMMITTED BY MILITARY PERSONEL will subject them to court martial proceedings. What is the nature of the court martial proceedings?

Sui generis

Andoks managed to ROB A GROUP OF STUDENTS by brandishing a knife at them and demanded that the three students give him their cellphones. This is a kind of ___.

Continuing crime

The PENALTY OF LIBEL shall PRESCRIBE in ___.

10 years

ADARNA is the mother of DEREK. BEA is the owner of a cellular phone. DEREK stole BEA's cellular phone. ADARNA is not aware that the cellular phone was stolen by DEREK and she sold it to CARDO. What is the criminal liability of ADARNA?

As a mother, ADARNA is not liable as accessory to the crime of theft committed by DEREK.

When you are about to arrest KAl for the commission of a crime, KAl RESISTED THE ARREST. Thus, you used reasonabie force. However, in so doing, YOU INFLICTED PHYSICAL INJURIES upon the person of KAI. Which is the proper justifying circumstance that you may invoke?

Lawful performance of duty

After entering the house of Mang Abnoy through the door, Mang Daks used a PICKLOCK in order to open the door of the master BEDROOM and thereafter took the former's golden watch. What is the crime committed by Mang Daks?

Theft

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

Mala in se

When common crimes are COMMITTED IN THE OCCASION or in furtherance of rebellion, the crime committed is?

Only Rebellion

Which of the following circumstances may NOT be appreciated in CRIMES AGAINST PERSONS?

Ignominy

Accused was charged for homicide. He interposes the justifying circumstance of SELF-DEFENSE. In such case, the BURDEN OF PROOF ___.

Shifts to the accused

Jane, who was merely 11 years old, seduced Mark and ALLOWED the latter to insert his finger into her genitalia. What is the crime committed if any?

Acts of lasciviousness

Garvin, the father of Corrine, killed the latter's 3-day old child in order to conceal her dishonor. Is the former entitled to the extenuating circumstance of concealing dishonor?

No. Under the law, the woman herself and the maternal grandparents or both of them can avail of the extenuating circumstance

The questioning initiated by the law enforcement authorities after a person is taken INTO CUSTODY or is otherwise deprived of liberty?

custodial investigation

What is the crime committed if the offender killed a person whose age is LESS THAN 12 years of age?

Murder, if not attended by circumstances under article 246

The following EXCEPT one are the persons are EXEMPTED FROM CRIMINAL LIABILITY in the crimes of theft, malicious mischief and swindling (estafa)?

None of the above

Within what period should a police officer who has arrested a person under a WARRANT OF ARREST turn over the arrested person to the judicial authority?

No time limit except that the return must be made within a reasonable time. The period fixed by law under Article 125 does not apply because the arrest was made by virtue of a warrant of arrest

The requirement OF VIOLENCE AGAINST or INTIMIDATION of person in the crime of robbery MUST BE PRESENT___.

before the taking of the personal property is complete

The following are aggravating circumstances EXCEPT:

Movement of the offender is restricted

Which are the classification of robbery in general? I. Robbery with violence against, or intimidation of person. Il. Robbery by the use of force upon things. Ill. Robbery by means of grave threats and coercion.

I and Il

FRANKLIN is the warden of the Pambansang kulungan ng mga Lords (PAKULO) PETER is a detainee, JAYBEE is a convict. JONEL is a Custodial Guard. Suppose that LEILA a very influential private individual arranged with FRANKLIN and JONEL the escape of PETER in exchange for certain consideration, PETER Indeed escaped. Which of the following crime may be committed by FRANKLIN and JONEL?

Direct bribery and infidelity in the custody of the prisoner

supposed Peter (Detainee) escaped through his own efforts from PAKULO through his own efforts without giving consideration to Franklin and Jonel. Did Peter commit any crime?

No, he did not commit any crime under RPC

supposed Jaybee (Convict) escaped through his own efforts from PAKULO through his own efforts without giving consideration to Frankin and Jonel. What is the crine commited by Frankin and Jonel?

Delivery of prisoner from Jail

supposed Jaybee (Convict) escaped through his ow efforts trom PAKULO without giving consideration to Frankin and Jonel. Did Jaybes commit any crime?

Yes, for evasion of service of sentence

Which of the following is NOT classified as a crime COMMITTED BY PUBLIC OFFICERS?

Forgery

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

Serious Physical Injuries

When RECEPTION OF EVIDENCE is necessary under the following circumstances:

plea of guilty to capital offense

It is the DEGREE OF PROOF which does NOT excluding the POSSIBILITY OF ERROR, produces absolute certain. Moral certainty only is required

Proof beyond reasonable doubt

HOW is the TESTIMONY OF A WITNESS IMPEACHED?

All of the above

A LEADING QUESTION is generally NOT ALLOWED by the rules. The EXCEPTIONS are:

All of these

It means that there is NO JUDICIAL NOTICE of foreign laws, hence a party who invokes a foreign law must prove the existence of the same otherwise, it shall be presumed that the LAW is the SAME WITH THE PHILIPPINES

Doctrine of processual presumption

When evidence is presented to VARY the terms of a WRITTEN AGREEMENT, there is the application of the rule.

Parol

Which of the following circumstance makes THE EVIDENCE INCOMPETENT?

Evidence obtained through third degree method of investigation

The EXTRA-JUDICIAL CONFESSION of an accused is sufficient for conviction

when it tis corroborated by evidence of corpus delicti

PHOTOGRAPHS when duly verified and shown to be FAITHFUL REPRESENTATION of the subject as of the time in question, may be ADMISSIBLE in evidence AS ___.

aids in arriving at an understanding of the evidence' situation or condition

Accused was charged for homicide. He interposes the justifying circumstance of self-defense. In such case, the burden of proof ___.

Shifts to the accused

The accused may prove his GOOD MORAL character which is___.

Pertinent to the moral trait involved in the offense charged

Facts already known or ought to be KNOWN BY JUDGE by reason of their office, and of which they may properly take and act without proof re called matters of:

Judicial notice

Sandro has been PREVIOUSLY CONVICTED for the crime of ROBBERY. Which of the following statement BEST described the qualities of Sandro as a witness?

He is qualified to testify despite his conviction of the crime of robbery

Is the examination in chief of a WITNESS by the party presenting him on the FACTS RELEVANT to the issue.

Direct examination

How is an ELECTRONIC EVIDENCE authenticated?

All of these

The party is deemed to have RESTED ITS CASE

After the court ruled on the formal offer of evidence

What is the form of evidence consisting of LETTERS , SYMBOLS, NUMBERS or any inscription affered as proof of its contents?

Documentary evidence

What are the elements of PREJUDICIAL QUESTION?

All of these

This is the RIGHT OF THE ACCUSED TO HAVE A SUBPOENA and/or subpoena duces tecum issued in his behalf in order to compel the attendance of witnesses and the production of other evidence.

Right to compulsory processes

This is the INQUIRY WHERE THE JUDGE MUST SATISFY HIMSELF that the accused in pleading guilty, (1) is doing so voluntarily, and (2) he in so doing is truly guilty, and (3) that there exists a rational basis for a finding of guilt based on his testimony.

Searching inquiry

Who among the following CAN APPLY FOR RELEASE under the LAW ON RECOGNIZANCE?

One who is charged with an offense whose penalty is not more than Six (6) months

The person was arrested without a warrant. His request for preliminary investigation was granted. However, the CONDUCT OF PRELIMINARY INVESTIGATION was not terminated and it ALREADY EXCEEDED THE PERIOD allowed by the Rules. What should the police officer in custody of the detained person do?

The police should release the person from detention even without the order from the prosecution.

In criminal procedure, WHO CONDUCTS the DIRECT EXAMINATION?

Proponent

For search to be considered as an incident of the arrest, it must be made at the place where the:

Arrest was effected

Bearing in mind the distinction between PRIVATE and PUBLIC DOCUMENT, which of the folowing is admissible in evidence WITHOUT FURTHER PROOF of due execution or genuiness?

Official record of the Philippines Embassy in Singapore certified by the Vice-consul with official seal

The city prosecutor charged Ben with serious physical injuries for stabbing terence. He was tried and convicted as charged. A FEW DAYS later, TERENCE DIED due to severe infection of his stab wounds. Can the prosecution file another intormation against Ben for __.

Yes, since supervening event altered the kind of crime the accused committed.

Its is the system or criminal procedure which is characterized by secrecy of investigation and the OPTION of the DEFENSE and PROSECUTION TO APPEAL.

Inquisatonal

Police officer Enon arrested Juan by virtue of a warrant of arrest for the crime of murder. Within, how many hours should Enon DELIVERED HIM to the PROPER JUDICIAL AUTHORITY?

None as he should wait for the issuance of a commitment order by the court

The person is suspected of committing a crime which is punishable by imprisonment of AT LEAST 4 YEARS, 2 MONTHS and 1 DAY. The person was not subject to warrantless arrest. How will you proceed with the case?

File a direct complaint with the prosecutor's office for preliminary investigation.

PRELIMINARY INVESTIGATION is a matter of right when the penalty for the crime committed is

Imprisonment at least 4 years, 2 months and 1 day regardless of fine

In criminal cases, what determine the jurisdiction of court, EXCEPT:

Extent of penalty

PRESCRIPTION OF OFFENSE commence to run:

Upon discovery of the crime by the offended party or peace officers or their agent.

COMPLAINT or INFORMATION shall charge ONLY ONE OFFENSE. This is the rule on:

Duplicity of offense

Complaint and information can be amended to after plea and during the trial with LEAVE OF COURT and WITHOUT CAUSING PREJUDICE to the rights of the accused.

form

A petition for SUSPENSION OF CRIMINAL ACTION upon the pendency of a prejudicial question in a civil action may be filed:

before the prosecution rests

Is that which in a case the resolution of which is a LOGICAL antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal.

prejudicial question

after the decision was rendered by the trial court, the accused found NEW EVIDENCE. What remedy should the accused do based on the new evidence?

File a motion for new trial.

When making an arrest the arresting officer ___ the warrant of arrest in his possession?

Need not have

In the title of the information, the crime charged was for homicide. However in the allegations contained in the information, it was alleged that the KILLING WAS WITH TREACHERY. For what crime can the accused be convicted?

Murder

100

How is jurisdiction on the person of the accused acquired by the court?

All of the above

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