CBRC Booster (1-100)

72問 • 2年前

問題一覧

The constitutional LIMITATION OF BILL OF ATTAINDER in the enactment of criminal laws simply means that our criminal law shall ___

Impose the penalty only after due hearing and trial.

The prosecution shall OFFER in evidence its DOCUMENTARY EVIDENCE ___.

After the presentation of testimonies of witnesses have been terminated

The crime of ADULTERY is committed by any married woman who shall ___.

Have sexual intercourse with a man who is not her husband

Because the BURDEN OF PROOF RESTS with the prosecution, the duty to convict the person belongs to ___.

The strength of the prosecution's evidence

The new and independent act which is the immediate cause of the injury which BREAKS THE CONNECTION between the original wrong and the injury is referred to as the ___.

Efficient intervening

LINO saw ACE with an angry expression on his face while holding a firearm moving towards his direction. When ACE was already near him, LINO picked up a 2x2 hard wood and hit ACE on both his arms, resulting injuries to the latter. It was revealed during the investigation that ACE is WITHOUT BAD INTENTION against LINO, LINO was charged for serious physical injuries. This situation fits the principle of ___.

Mistake of facts

Which of the following illustration BEST exemplifies the concept of COMPLEX CRIMES?

HARDEN wanted to kill CURRY. He threw a grenade against CURRY, it killed CURRY and injured DURANT.

EXCLUSION of evidence simply means __.

That evidence obtained unlawfully shall be excluded by the court and not admitted- the evidence is incompetent owing to it being unlawfully obtained

A person who is committing an act in violation of a SPECIAL PENAL LAW is committing ___.

An offense

What is this STAGE in court proceedings where the prosecution and ACCUSED MAY AGREE on matters that will promote a fair and EXPEDITIOUS TRIAL of the case?

Pre-trial

A Filipino killed a Chinese on board a VESSEL bearing the flag of Mexico while the vessel is IN PHILIPPINE TERRITORY waters, should the criminal law of the Philippines apply?

Yes, because the crime was committed within the Philippine territory.

A police officer testifying before the court is allowed to refer to his/her memorandum RESPECTING A MATTER OF ____.

Fact he recorded a long time ago

The PLACE of the commission of the crime is a consideration to determine the ___.

Venue

The following are the sources of criminal law EXCEPT

Special Laws

Conclusive presumption is also known as "PRESUMPTION JURIS ET DE JURE": disputable presumption is ___.

Presumption juris tantum

The questioning initiated by law enforcement authorities after a person is TAKEN INTO CUSTODY or otherwise deprived of freedom of action is ___.

Custodial investigation

The authority to ENACT NATIONAL PENAL statutes is lodged in the ___.

Congress of the Philippines

suppose that DURANT has personal knowledge of the crime committed. However, DURANT has been PREVIOUSLY CONVICTED for the crime of robbery. Which of the following statements BEST describes the qualification of DURANT as a witness?

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

suppose that DURANT is merely 6 years old. Which of the following statements BEST describes the qualification of DURANT as a witness?

He is qualified because he can perceive and perceiving can convey his perception to another

suppose that DURANT merely heard from KER the information that it was CURRY who killed NANCE. Which of the statement below CORRECTLY describes the admissibility of DURANT's testimony?

The testimony is admissible only as independent relevant statement.

suppose that DURANT merely heard from. KER the information that it was JAMES who killed NANCE. Which of the statement below correctly describes the admissibility of DURANT's testimony?

It is not admissible for being hearsay evidence

suppose that DURANT merely heard from KER the information that it was JAMES who killed NANCE. Which of the statement below correctly describes the admissibility of DURANT's testimony?

It is not admissible for being hearsay evidence.

WALDO ignores the authority of P03 CANDO. The latter reacted by angrily staring at WALDO draws his firearm but WITHOUT pointing it to WALDO. Which of the following crime may PO3 CARDO be liable?

Grave threat

From the foregoing situation, suppose that P03 CARDO draws his firearm and DISCHARGED it in the AIR because he saw WALDO running away from the area of the incident. Which of the following crime nay P03 CARDO be liable?

Illegal discharge of firearm

P03 CARDO draws his firearm points it to WALDO, discharged it WITHOUT INTENT to kill WALDO, and WITHOUT HITTING WALDO. Which of the following crime say PO3 CARDO be liable?

Illegal discharge of firearm

PO3 CARDO points the firearm to WALDO and discharge It but without intent to kill. It did not hit WALDO, however, it hit ARIANNE, the girlfriend of WALDO. ARIANNE suffered a fatal injury but survived. Which of the following crime is P03 CARDO Liable?

Serious physical injury

LEILA a very influential private individual arranged with PRANKLIN and JONEL the escape of PETER(Detaniee) 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

PETER(Detainee) escaped from PAKULO through his own efforts without giving any consideration to FRANKLIN(Warden) and JONEL(custodial guard). Did PETER commit any crime?

No, he did not commit any crime under the RPC.

PETER (DETAINEE) escaped through his own efforts from PAKULO without giving consideration to FRANKLIN (warden) and JONEL (guard). What is the crime committed by FRANKLIN and JONEL?

Infidelity in the custody of prisoner.

JAYBEE (Convict) escaped through his own efforts from PAXULO without giving consideration to FRANKLIN (warden) and JOHEL (guard) . Did JAYDEE commit any crime?

Yes, for evasion of service of sentence.

From the foregoing situation, what is the effect of HIPOLITO’S REMAINING SILENT while being interviewed by the police in connection with the crime committed?

Hipolito may still answer even when there is a counsel provided to him.

From the foregoing situation, which of the following is the REASON WHY Hipolito may or may not remain silent?

Hipolito is already under custodial investigation

when should the Hipolito be informed of MIRANDA RIGHTS?

Immediately after he is arrested

Jurisprudence declares that the suspect may waive his right to REMAIN SILENT under the following EXCEPT it must be ___.

Before the prosecutor's office

Pinuno is the Philippine Ambassador deployed to the Republic of Japan. *From the foregoing situation, suppose that while in the performance of his office, Pinuno committed an act PUNISHABLE under the PHILIPPINE PENAL LAW, the characteristics of criminal law to be applied should be ___.

Extra-erritoriality

Pinuno is a Japanese and the Ambassador of Japan to the Philippines. Outside the performance of his public office, Pinuno committed an act which is punishable under Philippine law, the characteristics of criminal law to be applied should be ___.

Generality

Pinuno is the Philippine Ambassador deployed to the Republic of Japan. From the foregoing situation, suppose that Ambassador Pinuno committed an act which under the law of Japan is considered as penal, can the government of Japan prosecute Pinuno?

No, Pinuno is exempt from the application of Japan criminal law

From the foregoing situation, suppose that Pinuno is just an ORDINARY EMBASSY employee in Japan. He committed a crime in connection with the performance of his official function. The act complained of is not yet punishable at the time it was committed. Under our penal system, the applicable characteristic of criminal law is ___.

Prospectivity

OSCAR is a police officer. HIPOLITO is the offender. ERIKA is the victim. *From the foregoing situation, suppose that HIPOLITO in the commission of the crime of murder against ERIKA ensured that ERIKA CANNOT RETALIATE or CAUSE HARM AGAINST the FORMER, what is the applicable modifying circumstance?

Aggravating

OSCAR is a police officer. HIPOLITO is the offender. ERIKA is the victim. *From the foregoing circumstance, suppose that HIPOLITO used the presence of 4 of his relatives to ensure that ERIKA cannot retaliate against HIPOLITO at the time he inflicted physical injuries against ERIKA, what is the applicable modifying circumstance?

Aggravating

OSCAR is a police officer. HIPOLITO is the offender. ERIKA is the victim. *From the foregoing circumstance, suppose that ERIKA is a woman. HIPOLITO took advantage of his position as he is also a police officer so that she was able to have CARNAL KNOWLEDGE against the WILL of ERIKA. What is the applicable modifying circumstance?

Aggravating

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 DECIDED to desist or continue the commission of the crime is the phase.

Subjective

The accused in criminal proceedings has in his FAVOR THE RULE that criminal laws should be construed liberally in his favor because ___.

Of the requirement of observance of due process

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

File a motion for new trial

The declaration of an accused ACKNOWLEDGING HIS GUILT of the offense charged, or of any offense necessarily included therein is ___.

Confession

A police officer testifying in court is allowed to refer to his/her notes or memorandum

In order to refresh his memory

The constitutional limitation of EX POST FACTO LAW in the enactment of criminal laws simply means that our criminal law shall be applied

Prospectively

Police Officer JAKE arrested ACE without legal ground and without a warrant. JAKE committed the ___?

Arbitrary detention

The crime committed a punishable by imprisonment of AT LEAST 4 YEARS 2 MONTHS AND 1 DAY. The crime was committed in the province. Where the complaint should be filed in order to initiate the criminal action?

At the prosecutor's office for the conduct of preliminary investigation

Which of the following is NOT a secondary evidence?

A tape recorded recital of the content of the original

What is the rule in evidence which states that when the terms of an agreement have been reduced to writing it considered as containing all the terms agreed upon and there can be between the parties and their successors in interest no evidence of the WRITTEN AGREEMENT?

Parole evidence Rule

The form of evidence that is subject to the senses of the court is evidence.

All of these

The crime committed is punishable by imprisonment of 4 YEARS and 2 MONTHS and LESS. The crime was committed in the province where should the complaint be filed in order to initiate the criminal actior?

May file the complaint directly with the Municipal Trial Court

Which of the following circumstances makes the evidence INCOMPETENT?

Evidence obtained through third-degree method of investigation

A person who is LAWFULLY arrested may be searched for anything ___.

Which may have been used or constitute proof in the commission of an offense

What is the purpose why an independent relevant evidence is admitted by the courts?

To show that the certain fact occurred whether true or not

In order that the person accused of a crime should be BOUND TO ANSWER the accusations against him, what should the police officers do?

Let the court proceeding take its course and allow issuance of warrant.

Venue in criminal case refers to the place

Where the crime was committed

Our criminal law may be applied EXTRATERRITORIALITY which simply means that ___.

Our criminal law may be applicable even outside of our territory

The EXTRAJUDICIAL CONFESSION of an accused is sufficient for conviction.

When it is corroborated by evidence of corpus delicti

Which among the following is NOT considered as authorized person to file the complaint before the Municipal Trial Court?

The witness to the crime committed

Which of the following is NOT HEARSAY

A testimony of a witness concerning the letter he received from somebody- he has personal knowledge about he letter he received

The actor omission of a person who after hearing or seeing something that requires him/her to do COMMENT if is NOT TRUE and was given the opportunity is ___.

Admission by silence

Which of the following situations is NOT a valid search warrant a warrant.

Search other discretion of a police officer

HARDEN after trial was found guilty a despicable act however the court found out that there is NO LAW punishing the said act. May the court punish HARDEN any penalty which is deemed appropriate.

No. The law cannot punish an act if at the time it was committed it is not yet punishable

An act or omission punishable by the Revised Penal Code is ___.

Felony

When the search and seizure conducted by the police is based on a search warrant these PRESUPPOSES that the search and seizure.

Is with legal ground

What is the right that the accused my invoke during trial to avoid statement AGAINST HIMSELF?

Right against self

The POWER of authority to hear and decide a case is ____.

Jurisdiction

The reading of the decision of the court convicting the accused appears to be NOT based on evidence on RECORD or APPLICABLE law. What remedy should the accused do in the hope that the court may REVERSE its decision?

File a motion for reconsideration

In arbitrary detention it is required that the offender must be ___.

A public officer or employee

The VENUE to hear criminal cases may be CHANGED when the ___.

Supreme Court so ordered

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問題一覧

The constitutional LIMITATION OF BILL OF ATTAINDER in the enactment of criminal laws simply means that our criminal law shall ___

Impose the penalty only after due hearing and trial.

The prosecution shall OFFER in evidence its DOCUMENTARY EVIDENCE ___.

After the presentation of testimonies of witnesses have been terminated

The crime of ADULTERY is committed by any married woman who shall ___.

Have sexual intercourse with a man who is not her husband

Because the BURDEN OF PROOF RESTS with the prosecution, the duty to convict the person belongs to ___.

The strength of the prosecution's evidence

The new and independent act which is the immediate cause of the injury which BREAKS THE CONNECTION between the original wrong and the injury is referred to as the ___.

Efficient intervening

Mistake of facts

Which of the following illustration BEST exemplifies the concept of COMPLEX CRIMES?

HARDEN wanted to kill CURRY. He threw a grenade against CURRY, it killed CURRY and injured DURANT.

EXCLUSION of evidence simply means __.

That evidence obtained unlawfully shall be excluded by the court and not admitted- the evidence is incompetent owing to it being unlawfully obtained

A person who is committing an act in violation of a SPECIAL PENAL LAW is committing ___.

An offense

What is this STAGE in court proceedings where the prosecution and ACCUSED MAY AGREE on matters that will promote a fair and EXPEDITIOUS TRIAL of the case?

Pre-trial

A Filipino killed a Chinese on board a VESSEL bearing the flag of Mexico while the vessel is IN PHILIPPINE TERRITORY waters, should the criminal law of the Philippines apply?

Yes, because the crime was committed within the Philippine territory.

A police officer testifying before the court is allowed to refer to his/her memorandum RESPECTING A MATTER OF ____.

Fact he recorded a long time ago

The PLACE of the commission of the crime is a consideration to determine the ___.

Venue

The following are the sources of criminal law EXCEPT

Special Laws

Conclusive presumption is also known as "PRESUMPTION JURIS ET DE JURE": disputable presumption is ___.

Presumption juris tantum

The questioning initiated by law enforcement authorities after a person is TAKEN INTO CUSTODY or otherwise deprived of freedom of action is ___.

Custodial investigation

The authority to ENACT NATIONAL PENAL statutes is lodged in the ___.

Congress of the Philippines

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

suppose that DURANT is merely 6 years old. Which of the following statements BEST describes the qualification of DURANT as a witness?

He is qualified because he can perceive and perceiving can convey his perception to another

suppose that DURANT merely heard from KER the information that it was CURRY who killed NANCE. Which of the statement below CORRECTLY describes the admissibility of DURANT's testimony?

The testimony is admissible only as independent relevant statement.

suppose that DURANT merely heard from. KER the information that it was JAMES who killed NANCE. Which of the statement below correctly describes the admissibility of DURANT's testimony?

It is not admissible for being hearsay evidence

suppose that DURANT merely heard from KER the information that it was JAMES who killed NANCE. Which of the statement below correctly describes the admissibility of DURANT's testimony?

It is not admissible for being hearsay evidence.

WALDO ignores the authority of P03 CANDO. The latter reacted by angrily staring at WALDO draws his firearm but WITHOUT pointing it to WALDO. Which of the following crime may PO3 CARDO be liable?

Grave threat

Illegal discharge of firearm

P03 CARDO draws his firearm points it to WALDO, discharged it WITHOUT INTENT to kill WALDO, and WITHOUT HITTING WALDO. Which of the following crime say PO3 CARDO be liable?

Illegal discharge of firearm

Serious physical injury

Direct bribery and infidelity in the custody of the prisoner

PETER(Detainee) escaped from PAKULO through his own efforts without giving any consideration to FRANKLIN(Warden) and JONEL(custodial guard). Did PETER commit any crime?

No, he did not commit any crime under the RPC.

PETER (DETAINEE) escaped through his own efforts from PAKULO without giving consideration to FRANKLIN (warden) and JONEL (guard). What is the crime committed by FRANKLIN and JONEL?

Infidelity in the custody of prisoner.

JAYBEE (Convict) escaped through his own efforts from PAXULO without giving consideration to FRANKLIN (warden) and JOHEL (guard) . Did JAYDEE commit any crime?

Yes, for evasion of service of sentence.

From the foregoing situation, what is the effect of HIPOLITO’S REMAINING SILENT while being interviewed by the police in connection with the crime committed?

Hipolito may still answer even when there is a counsel provided to him.

From the foregoing situation, which of the following is the REASON WHY Hipolito may or may not remain silent?

Hipolito is already under custodial investigation

when should the Hipolito be informed of MIRANDA RIGHTS?

Immediately after he is arrested

Jurisprudence declares that the suspect may waive his right to REMAIN SILENT under the following EXCEPT it must be ___.

Before the prosecutor's office

Extra-erritoriality

Generality

No, Pinuno is exempt from the application of Japan criminal law

Prospectivity

Aggravating

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 DECIDED to desist or continue the commission of the crime is the phase.

Subjective

The accused in criminal proceedings has in his FAVOR THE RULE that criminal laws should be construed liberally in his favor because ___.

Of the requirement of observance of due process

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

File a motion for new trial

The declaration of an accused ACKNOWLEDGING HIS GUILT of the offense charged, or of any offense necessarily included therein is ___.

Confession

A police officer testifying in court is allowed to refer to his/her notes or memorandum

In order to refresh his memory

The constitutional limitation of EX POST FACTO LAW in the enactment of criminal laws simply means that our criminal law shall be applied

Prospectively

Police Officer JAKE arrested ACE without legal ground and without a warrant. JAKE committed the ___?

Arbitrary detention

At the prosecutor's office for the conduct of preliminary investigation

Which of the following is NOT a secondary evidence?

A tape recorded recital of the content of the original

Parole evidence Rule

The form of evidence that is subject to the senses of the court is evidence.

All of these

May file the complaint directly with the Municipal Trial Court

Which of the following circumstances makes the evidence INCOMPETENT?

Evidence obtained through third-degree method of investigation

A person who is LAWFULLY arrested may be searched for anything ___.

Which may have been used or constitute proof in the commission of an offense

What is the purpose why an independent relevant evidence is admitted by the courts?

To show that the certain fact occurred whether true or not

In order that the person accused of a crime should be BOUND TO ANSWER the accusations against him, what should the police officers do?

Let the court proceeding take its course and allow issuance of warrant.

Venue in criminal case refers to the place

Where the crime was committed

Our criminal law may be applied EXTRATERRITORIALITY which simply means that ___.

Our criminal law may be applicable even outside of our territory

The EXTRAJUDICIAL CONFESSION of an accused is sufficient for conviction.

When it is corroborated by evidence of corpus delicti

Which among the following is NOT considered as authorized person to file the complaint before the Municipal Trial Court?

The witness to the crime committed

Which of the following is NOT HEARSAY

A testimony of a witness concerning the letter he received from somebody- he has personal knowledge about he letter he received

The actor omission of a person who after hearing or seeing something that requires him/her to do COMMENT if is NOT TRUE and was given the opportunity is ___.

Admission by silence

Which of the following situations is NOT a valid search warrant a warrant.

Search other discretion of a police officer

HARDEN after trial was found guilty a despicable act however the court found out that there is NO LAW punishing the said act. May the court punish HARDEN any penalty which is deemed appropriate.

No. The law cannot punish an act if at the time it was committed it is not yet punishable

An act or omission punishable by the Revised Penal Code is ___.

Felony

When the search and seizure conducted by the police is based on a search warrant these PRESUPPOSES that the search and seizure.

Is with legal ground

What is the right that the accused my invoke during trial to avoid statement AGAINST HIMSELF?

Right against self

The POWER of authority to hear and decide a case is ____.

Jurisdiction

File a motion for reconsideration

In arbitrary detention it is required that the offender must be ___.

A public officer or employee

The VENUE to hear criminal cases may be CHANGED when the ___.

Supreme Court so ordered