B9-CLJ-BET B

98問 • 2年前

問題一覧

An employee of the penal establishment who does not have the custody of the prisoner is liable for:

delivering prisoner form jail

If the detention prisoner knows of the plot to remove him from jail and cooperates therein by escaping, he himself becomes liable for:

delivering prisoner from jail

Manny killed his wife under exceptional circumstances and was sentenced by the RTC of Quezon City to suffer the penalty of destierro during which he was not to enter the city. While serving sentence, Manny went to Quezon City to visit his mother. Later, he was arrested in Baguio City. Did Manny commit a crime?

Yes, evasion of service of sentence

Quezon City or Baguio City

In quasi-recidivism, the second crime must be:

felony

This crime is committed if the solemnity of the oath is violated.

perjury

Only private individuals may commit usurpation of authority or official functions.

False

Does the term prostitution apply to a man?

Persons below 18 years of age shall be exempt from prosecution for the crime of prostitution under Art. 2, RPC, such prosecution being inconsistent with the:

uncrc

The United Nations Convention on the Rights of the Child was adopted in the year:

1989

This is a global framework for children’s rights that has been signed by how many countries?

196

Which of the following is a crime of malfeasance?

Indirect Bribery

Which among the following is a source of an unjust judgment?

All of the above

Which of the following may commit an unjust judgment?

d. Both a and c only

The crime involved in qualified bribery is a:

heinous crime

In abuses against chastity, a public officer solicits or makes any indecent or immoral advances to a woman who is a relative of the person under the custody and charge of the offender except:

mother

In parricide, the relationship except the spouse must be in the:

direct line

Elias killed Susana. He was charged with parricide. During the trial, no marriage contract was presented. Is the nonpresentation of the marriage contract fatal to the prosecution of the accused for parricide?

If a person killed another who is under 12 years of age not knowing that the latter was his son is guilty of?

parricide

If a person wanted to kill another but by mistake killed his own father is liable for?

parricide

What is the proper penalty to be imposed?

Penalty for the lesser offense in its maximum period

Suppose Kokey killed his brother who is 3 days old, what crime is committed?

murder

Suppose a husband, who wanted to kill his sick wife, hired a killer. The hired killer shot the wife. What crime is committed by the husband?

parricide

Suppose a husband, who wanted to kill his sick wife, hired a killer. The hired killer shot the wife. What crime is committed by the husband? What is the liability of the husband?

principal by inducement

Suppose a husband, who wanted to kill his sick wife, hired a killer. The hired killer shot the wife. What crime is committed by the husband? What is the crime committed by the hired killer?

murder

Suppose a husband, who wanted to kill his sick wife, hired a killer. The hired killer shot the wife. What crime is committed by the husband? What is the liability of the hired killer?

principal by direct participation

The accused was shocked to discover his wife and their driver sleeping in the master’s bedroom. Outraged, the accused got his gun and killed both. Can the accused claim that he killed the 2 under exceptional circumstances?

Death under exceptional circumstance is not applicable when the daughter is:

married

When a third person is injured in the course of the firing at the paramour, what crime, if any, is committed?

Serious physical injuries through simple imprudence or negligence

Number of circumstance/s necessary to qualify homicide to murder:

A killed by B by stabbing B in the heart which resulted to B’s death. The witness is the wife of the victim, who said that a day prior to the killing, A threatened B. What crime is committed?

homicide

If A would shoot B at one of his feet, at a distance of one meter, there is no intent to kill. If B is hit, the crime is:

physical Injuries

If A would shoot B at one of his feet, at a distance of one meter, there is no intent to kill. If B is hit, the crime is: Suppose B was not hit, the crime is:

discharge of firearms

X, a pharmacist, compounded and prepared the medicine on prescription by a doctor. X erroneously used a highly poisonous substance. When taken by the patient, the latter nearly died. What crime, if any, is committed?

Physical injuries through reckless imprudence

Use of unlicensed firearms in committing murder or homicide is:

aggravating circumstances

Corpus delicti in crimes against persons may be proven by:

Credible testimony of a sole witness

It is the practice of painlessly putting to death a person suffering from some incurable disease. a. Giving assistance to suicide

euthanasia

If the gun was not pointed at the offended party when it was fired but was initially aimed by the accused at or against the victim. In this case, this is:

discharge of firearm

If the gun was not pointed at the offended party when it was fired but was initially aimed by the accused at or against the victim. In this case, Discharge towards the house of the victim is:

alarms and scandal

In discharge of firearm, there is a complex crime if:

d. Both a and b

Killing of a child less than 3 days old by a legitimate grandparent is:

infanticide

Killing of a child less than 3 days old by a legitimate grandparent is: In relation to the preceding question, what is the proper penalty?

penalty for parricide

Killing of a child less than 72 hours by a neighbor is: In relation to the preceding question, what is the proper penalty?

penalty for murder

When infanticide is committed?

If the child is born alive, it could not sustain an independent life when it was killed

Suppose the child less than 3 days old is abandoned without any intent to kill and death results, what crime is committed?

abandoning a minor

Abortion is a crime against the

fetus

Suppose the mother as a consequence of abortion suffers death, what crime is committed?

murder with abortion

Suppose the mother as a consequence of abortion suffers physical injuries, what crime is committed?

physical injuries with abortion

If despite the employment of sufficient and adequate means to effect abortion, the fetus that is expelled from the maternal womb is viable but unable to sustain life outside the maternal womb, what crime is committed?

frustrated abortion

Suppose the pregnant woman employed violence to herself specifically calculated to bring about abortion, what crime is committed?

intentional abortion

What is the criminal liability, if any, of a pregnant woman who tried to commit suicide by poison, but she did not die and the fetus in her womb was expelled instead?

no crime

It is an abortion caused by a physician to save the life of a mother.

therapeutic abortion

If the pharmacist knew that the abortive would be used to cause an abortion and abortion resulted from the use thereof, the pharmacist is a/an _______ in the crime of abortion.

accomplice

Once physical injuries resulted to deformity, it is classified as:

serious physical injuries

It refers to rape committed by an ascendant of the offended woman.

incestous rape

If a woman is carried away just to break her will to compel her to agree to demand or request by the offender.

grave coercion

If a woman is transported just to restrain her liberty.

kidnapping with serious illegal detention

If a woman is transported from one place to another by virtue of restraining her of her liberty and the act is coupled with lewd designs.

forcible abduction

The accused detained the victim for 39 days and raped her 4 times, what crime is committed?

Kidnapping with rape and four counts of rape

Isagani lost his gold necklace bearing his initials. He saw Roy wearing the said necklace. Isagani asked Roy to return to him the necklace as it belongs to him, but Roy refused. Isagani then drew his gun and told Roy, “If you will not give back the necklace to me, I will kill you!” Out of fear for his life and against his will, Roy gave the necklace to Isagani. What crime did Isagani commit?

grave coercion

Isagani lost his gold necklace bearing his initials. He saw Roy wearing the said necklace. Isagani asked Roy to return to him the necklace as it belongs to him, but Roy refused. If by means of violence, the property is applied to the debt.

light coercion

Isagani lost his gold necklace bearing his initials. He saw Roy wearing the said necklace. If there is no obligation on the part of the offended party but was only feigned.

estafa

If the value of the property seized is greater than that of the debt and violence and intimidation are employed.

robbery

Suppose a gang robbed a mansion in Forbes Park. On the occasion of the robbery, physical injuries were inflicted on the household members. The robbers also detained the children to compel their parents to come out with the money. What crime/s was/were committed?

Robbery with serious physical injuries and serious illegal detention

Suppose in relation to the preceding number, the victims were detained because of the timely arrival of the police, such that the offenders had no choice but to detain the victims as hostages in exchange for their safe passage.

robbery with serious physical injuries

There was collision between the side view mirrors of 2 vehicles. Immediately thereafter, the wife and the daughter of A alighted from the CRV and confronted B. A in view of the hostile attitude of B, summoned his wife and daughter to enter the CRV and while they were in the process of doing so, B moved and accelerated his Vitara backward as if to hit them. What crime was committed?

Malicious mischief

In bigamy, the second husband or wife who knew of the first marriage is:

an accomplice

In bigamy, the witness, who falsely vouched for the capacity of either of the contracting parties is:

an accomplice

Bigamy is an offense against civil status which may be prosecuted only at the instance of

state

Concubinage is an offense against chastity which may be prosecuted only at the instance of:

offended party

Premature marriages was decriminalized by:

ra 10655

This states that the contributory negligence of the party injured will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party.

Doctrine of last clear chance

There is no direct filing in which of the following courts?

rtc

As a general rule, a complaint or information must charge only one offense except:

all of the above

Should there be duplicity of offense in the information, the accused must move for the quashal of the same:

before arraignment

The reservation of the right to institute separately the civil action shall be made:

before the prosecution starts presenting the evidence

A petition for suspension of the criminal action based upon the pendency of a prejudicial question may be raised during the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time:

before the prosecution rests

Probable cause for the filing of an information is a:

executive function

Probable cause for the issuance of warrant is a:

judicial function

From the filing of the complaint, the investigating officer has _______ days within which to decide on whether to dismiss or issue a subpoena.

10 days

Clarificatory hearing during preliminary investigation is:

not mandatory

Within ___ days from the issuance of his resolution, the investigating prosecutor shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy.

5 days

A petition for Review to the DOJ may be filed by an aggrieved party within ____ days from the resolution of the Investigating Prosecutor.

15 days

The party aggrieved by a resolution of the Secretary of Justice may file a Motion for Reconsideration within a non-extendible period of ____ form receipt of the resolution on appeal.

10 days

The decision of the DOJ Secretary is appealable to the:

office of the president

The decision of the Office of the President is appealable to the:

court of appeals

Should the information be already filed in court but the accused filed a petition for review of the findings of the prosecutors with the DOJ, the Court is bound to suspend the arraignment of the accused for a period not exceeding _______:

60 days

In the determination of probable cause, within ____ days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor.

Once a person has been duly charged in court, he may question his detention by:

d. only b and c

As a general rule, bail may not be filed once there is already a final judgment except:

after conviction by the MTC

Remedy of the accused when bail is discretionary.

file a petition for bail

The Universal Declaration of Human rights applies to deportation cases; hence,

there is no reason why it cannot be invoked in extradition cases

Under the principle of pacta sunt servanda, the Philippines must honor the Extradition Treaty it entered into with other countries. Pacta sunt servanda means:

The agreements entered into by the States will be respected and followed by them in good faith

In granting bail in extradition cases, the required proof of evidence is:

clear and convincing evidence

Bail in deportation proceedings is wholly:

discretionary

Remedy of the accused when bail is denied by the trial court.

petition for certiorari

An order denying a petition for bail is:

an interlocutory order

It is a writ issued directly by a judge to a law enforcer, for the arrest of a person who has been held in contempt, has disobeyed a subpoena, or has to appear at a hearing or trial.

bench warrant

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A