B9-CLJ-BET E

98問 • 2年前

問題一覧

If the purpose of the uprising and taking up arms is to deprive the Supreme Court of any of its powers or prerogatives, the crime is:

sedition

A Motion for Leave to file demurrer to evidence should be filed within ___ days after the prosecution had rested its case.

Who is the present Secretary of the DILG?

benhur abalos

Who is the present Chief Justice of the Supreme Court?

Alexander Gesmundo

In a chartered city, if the penalty is 4 years, 2 months and below, the complaint shall be filed in the:

ocp

In a province (not a chartered city), if the penalty is 4 years and 2 months and below, the complaint shall be filed in the:

ocp or mtcc

In Manila, if the penalty is 4 years and 2 months and below, the complaint shall be filed in the:

ocp

In Manila, if the penalty is at least 4 years, 2 months and 1 day, the complaint shall be filed in the:

ocp

In a province (not a chartered city), if the penalty is at least 4 years, 2 months and 1 day, the complaint shall be filed in the:

opp or mtcc

In a chartered city, if the penalty is at least 4 years, 2 months and 1 day, the complaint shall be filed in the:

ocp

The Revised Rules on Evidence took effect on:

May 1, 2020

Under the three-fold-rule, what is the maximum sentence imposed upon the accused?

40 years

Which among the following does not totally extinguish criminal liability?

conditional pardon

Pedro is married to Tessie. Juan is the first cousin of Tessie, while in the market, Pedro saw a man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the attacker on his head which caused the latter’s death. This best describes:

Defense of a stranger

A person who buys and sells any item he knows or should have known to have been derived from the proceeds of robbery or theft.

fence

Governor Kokey was given the amount of 10M by the DA for the purpose of buying seedlings to be distributed to the farmers. Supposedly intending to modernize the farming industry in his province, Governor Kokey bought farm equipment through direct purchase from Amici Enterprise, owned by his kumpare Jade, the alleged exclusive distributor of the said equipment. Upon inquiry, the Ombudsman discovered that Jade has a pending patent application for the said farm equipment. Moreover, the equipment purchased turned out to be overpriced. What crime/s, if any, was/were committed?

Technical Malversation and Violation of RA 3019

The Royal SS Maru, a vessel registered in Panama, was 300 nautical miles from Aparri, Cagayan when its engines malfunctioned. The Captain ordered his men to drop anchor and repair the ship. While the officers and crew were asleep, armed men boarded the vessel and took away several crates containing valuable items and loaded them in their own motorboat. Before the band left, they planted an explosive which they detonated from a safe distance. The explosion damaged the hull of the ship, killed 10 crewmen, and injured 15 others. What crime/crimes was/were committed?

Qualified Piracy

Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his wife, and 3 daughters were residing. While the 4 were ransacking Antonio’s house, Julio noticed that one of Antonio’s daughters was trying to escape. He chased and caught up with her at a thicket somewhat distant from the house, but before bringing her back raped her. What crim did Julio commit?

Robbery with rape

robbery by band

Ricky was driving his car when he was flagged down by a traffic enforcer for over-speeding. Realizing his undoing, but in a hurry for a meeting, Ricky shoved a PhP500 bill in the traffic enforcer’s pocket and whispered to the latter to refrain from issuing him a traffic violation receipt. The traffic enforcers still issued him a ticket and returned his money. What crime,if any, was committed by Ricky?

direct bribery

no crime

Orphaned when still an infant, Rocky lived under the care of his grandmother Rosario. Now 18, Rocky entered Rosario’s bedroom who was then outside doing her daily marketing. He ransacked the bedroom and took Rosario’s money and valuables to PhP100,OOO. When Rosario came home, she found her room in disarray, and her money and valuables gone. She confronted Rocky, who confessed to taking the money and valuables in order to pay his debts. What crime, if any, did Rocky commit?

theft

Which among the following may be committed only in times of peace?

Inciting to war or giving motives for reprisal

What type of war is being renounced by the Philippines?

offensive war

26. The principle that sovereign and head of states are exempted from criminal liability is covered by.

Law of Preferential Applications

Philippine Penal Law is applicable within Philippine Territory to include

all of the above

Members of the Royal Family in England are called.

royalties

Obligation and securities of the Philippine government refers to

government Bond

Characteristics of criminal law wherein undertakes to punish all offenses committed within Philippine territory

territoriality

The condition sine-quanon or indispensable element in self defense

unlawful aggresion

Felonies punishable only when they are consummated.

light felonies

If the offense is committed on board a Philippine ship traveling at the China Sea, what law will apply?

philippine law

34. A and B are husband and wife. C is their only daughter. C was raped by A while B was abroad. C confided to B that she was raped by A. Can B testify against her own husband for the rape of her daughter?

yes, because the disqualification by reason of marriage does not apply in a criminal case for a crime committed by one against the other or the latter’s descendants or ascendants

W is totally blind since birth. One night while walking on his way home, he heard the following utterances, “Pedro patay ka na hayop ka!” Then another one uttered “Juan huwag, anung kasalanan ko sa iyo?” A few seconds thereafter gunshots were heard and somebody died. Can W be presented as a witness?

yes because of what he heard and he can perceive and make this perception to others

All of these may be established by common reputation EXCEPT:

verbal acts

W witnessed a crime yesterday. Because of the trauma caused by the accidental witnessing of the crime, he lost his sanity today. Is W qualified to testify as a witness tomorrow?

yes provided that at the time that W would testify, he must have regained his normal sanity

May a ten (10) year old boy be allowed to testify regarding a rape case he had witness?

yes, as long as he can perceive and can make known his perception to others

Pedro and Petra are husband and wife. During their marriage Pedro confided to Petra that he raped Lola Basyang a few months back. A year later, Pedro and Petra’s marriage was annulled. Assume that Lola Basyang files a case of rape against Pedro, may Petra testify in court regarding the confession made by Pedro to her?

yes, if Pedro consents to the testimony of Petra

Elias, a catholic went to Padre Salvi and confessed that he together with Crisostomo, Basilio and Quiroga were planning to stage a rebellion. The execution of the plan was prevented by alert military intelligence. May the court where the rebellion case is filed, compel Padre Salvi to testify against Elias by divulging the specifics of Elias’ confession?

as a general rule no, because of the rule on priest/minister-penitent privilege communication

Crispin was arrested by the police upon complaint of the Kura Paroko for allegedly stealing ten pesetas. Upon custodial investigation, Crispin waived his right to counsel and voluntarily confessed his participation in the stealing of the ten pesetas. What is the status of the confession?

the confession in not admissible because it was not notarized

What is the “calling out power” of the President of the Philippines?

it means he has the power to call out the armed forces to prevent or suppress lawless violence, invasion or rebellion

The rule is before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statement must be related to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made them and if so allowed to explain them. This is known as:

laying the predicate

As a general rule, evidence of good character of a witness is not admissible until such character has been __________.

impeached

Any public record, must not be removed from the office in which it is kept except upon order of the court where the inspection of the same is essential to a just determination of a case. This is the doctrine of:

irremovability of public record

X admitted before the police station that he killed Y. He even signed a document attesting to this fact with all the procedural and constitutional requirements being followed to the letter. At the trial of the case the only evidence presented by the prosecution was the extrajudicial confession of X written in a piece of official document. X would be most likely acquitted because there is absence of proof of:

corpus delicti

Circumstantial evidence is sufficient to produce conviction if all the following requisites are present EXCEPT:

the circumstance can be proven by direct testimonial evidence

Leading questions are not allowed except on the following cases. Which of the following is NOT an exception?

direct examination

Which of the following is NOT an exception to the hearsay evidence rule?

none of them

50. X was driving his car when suddenly a girl crossed the street and thus hitting the latter. X immediately brought the girl to the hospital. Upon meting the parents of the victim X immediately offered to pay the entire medical, hospital or other expenses related thereto. What is the implication of this offer?

not an admission of any criminal or civil liability

X a minor committed a crime. Trial ensued and X was convicted. However under the present law existing, the imposition of the penalty shall be suspended. X’s case records were committed to the DSWD for study and monitoring. Y, a member of civil society group inquired from the DSWD if X had a pending criminal case or records with that department. May the DSWD disclose the prior conviction of X?

no because it is supposed to be confidential and the records could partake the nature of privilege communication

Which of the following is not place of worship?

mortuary

Medical term for homicidal tendency.

dementia praecox

These are acts or omissions not expressly punished by a penal law but are nevertheless considered and punished as crimes.

common law crimes

It is a law that partially or totally modifies or changes an existing law.

repealing law

The following relatives of an offender are exempt from criminal liability as accessories, EXCEPT:

brother

Fine is an afflictive penalty if the amount thereof is:

more than P6,000

Fine is a correctional penalty if the amount thereof is:

P200 to P6,000

The following are instances when death penalty cannot be imposed, except

accused is 70 years old

Which of the following is a compound crime?

Placing a time bomb in a plane, which caused it to explode in midair killing 13 persons therein

Which of the following statement is NOT true?

In justifying circumstance, there is no civil liability except in causing damage to another in state of security.

Which of the following is an exempting circumstance?

An act done under the impulse of an uncontrollable fear of an equal or greater injury

Which is NOT a common requisite in justifying circumstances of self-defense, defense of a relative and defense of a stranger?

The person defending be not induced by revenge, resentment or other evil motive

Which of these is not a requisite of avoidance of great evil or injury?

That the means used to avoid the injury is lawful

Which of the following statement is NOT true?

In vindication, the grave offense must be made directly only to the person committing the felony.

Which among the following is NOT a requisite for evident premeditation and therefore should NOT be appreciated?

Sudden outburst of anger

Which of the following statement is NOT true?

In vindication, the grave offense must be made directly only to the person the felony

In filing a complaint or information, how is the ________ crime charged determined?

facts recited in the complaint or information

The legal duty of a prosecuting officer to file charges against whomsoever the evidence may show to be responsible for the offense means that _________.

Discretion in determining evidence submitted, justified a reasonable belief that a person committed an offense

71. When charge for offenses are founded on the same facts of that which form part of a series of offenses of the same characters the court may decide to?

consolidate trials

What is NOT an element of knowingly rendering unjust judgment?

That the judgment is valid

Under the Local Government Code of 1991, what is the condition precedent that must be satisfied before the institution of a criminal action in Court?

Confrontation between parties at the Lupon level

What shall a peace officer do if he is refused admittance into building where the person be arrested is believed to be in?

After announcing his authority and purpose the peace officer may break into any building or enclosure where the person to be arrested is or is reasonably believed to be

What is the rule in criminal law about doubts?

all doubts should be resolved in favor of the accused

One of the two requisites of admissibility of evidence is when it is relevant to the issue and what is the other requisite?

It is not excluded by law or rules

How can evidence of survivorship be proven?

by circumstantial evidence

It is defined as any human conduct which, although not productive of some material or physical harm would however, unjustly annoy or vex an innocent person.

unjust vexation

A, B, C and D is a group of male teenager (but not below fifteen) who are trying hard to attract attention (KSP). Every night they always engaged themselves in unruly beer sessions together with all the unpleasant sounds that it creates with the use of improvised, cheap and dilapidated musical instruments such as cauldrons, tin cans etc.. Let us assume that aside from making “papansin” they are also doing it to annoy their sleeping neighbors. The crime of alarms and scandals may be charged against them because they involved themselves in charivari punishable under paragraph 2 of article 155. What is charivari?

it is a medley of discordant voices, a mock serenade of discordant voices made on kettles, tin horns etc. designed to insult or annoy

According to RA 4136 the Land Transportation and Traffic Code, when two (2) motor vehicles approach an intersection at approximately the same time, the motor vehicle on the left should yield to the motor vehicle on the right because the latter motor vehicle has:

right of way

Crimes Against Religious Worship is a section to be found in Title Two of the Revised Penal Code which is Crimes against the Fundamental Laws of the State. Which of the following crimes fall under crimes against religious worship?

interruption of religious worship

Who among the following is NOT an agent of a person in authority?

all of them are agents of person in authority

Who among the following is a person in authority?

f. Letters b, c and d

Which among the following is a qualifying circumstance of murder?

treachery

X was able to pocket one pack of detergent soap while inside SM Supermarket. He was about to leave the premises of SM when he was accosted by an undercover SM agent and was immediately brought to the police precinct. What crime was committed by X?

consummated theft

86. X uttered the following remarks to a certain family of lawyers, “Kayong mga Atty. Merrera mga magnanakaw, mga walanhiya mga bastos.” What crime was committed by X?

one count of grave oral defamation (slander)

X is a teller of Banco Filipino Español. He received a deposit of P5000 from a depositor, which he pocketed instead of crediting it to the account of the depositor. The transaction was evidenced by an official receipt. What crime was committed by X?

qualified theft

X a jail guard while escorting a prisoner en route to the Regional Trial Court allowed the latter to answer the call of nature without taking precaution to prevent his escape as indeed the prisoner escaped through the windows of the comfort room. What is the liability of the jail guard?

evasion through negligence.

X (a man) forcibly grabbed Y (a woman) by the waist and dragged her to a place hidden from the public view about 20 meters from the place where the latter was standing. Due to Y’s constant screaming X became afraid and immediately run away leaving Y alone. What crime was committed by X?

grave coercion

What crime is committed by a man who would forcibly enter another person’s house without the knowledge of the owner but once inside, immediately and peacefully left the house the moment he was discovered by the owner of the house?

trespass to dwelling

X became enraged with Y. X was so mad he wanted to get even with Y. At the spur of the moment Y took the clothes of Y from the drawer and burned them to ashes. What crime was committed by X?

malicious mischief

X threatened Y that he would kill the latter if Y would not give Five hundred pesos (P500). What crime was committed by X?

grave threats

Which among the following is considered as slight physical injuries only?

loss of one’s tooth/eye

Vegeta slapped the face of Sangoku in front of a lot of people. What crime did Vegeta commit?

slander by deed

While walking along Capsule Corporation, Inc., Vegeta saw a beautiful lady by the name of Bulma. Vegeta suddenly kissed Bulma and gently touched Bulma’s breasts. Nobody saw the incident as Vegeta and Bulma are the only people around. Without a word, Vegeta left leaving Bulma stultified and shocked. What crime was committed by Vegeta?

unjust vexation

X was driving his car when he bumped run over a pedestrian crossing the street. The pedestrian died. What crime was committed by X?

reckless imprudence resulting in homicide

Insp. Mills arrested X on suspicion of a crime. He interrogated X in the police precinct and when he failed to illicit any information from X, he caused the torture of the hapless X. What crime was committed by Insp. Mills?

grave coercion

98. A is the son of B. B incurred debt to Don Pedro. Since B did not have the money to pay Don Pedro, Don Pedro required A to work for him for the purpose of paying off the indebtedness of B. This scheme is against the will of A but he cannot do anything as he is being forced by Don Pedro. What crime was committed by Don Pedro?

exploitation of child labor

What crime is committed by a notary public who would issue a copy of a deed of sale purporting that A sold his house and lot to B where in fact no such transaction ever existed?

falsification

X wanted to become a writer of “graphic and explicit sex related stories” in a local newspaper. Let us assume that his sex stories do not have any artistic, cultural, educational or scientific values whatsoever. One night he went to bed, and placed his “articles/writings” inside his drawer. These unpublished articles were stolen by his roommate and was sent to “Bombahan”, a cheap daily tabloid known for its depiction of sexually explicit materials. When he woke up one morning he was surprised that the NBI is looking for him as he is being charged for violation of article 201 of the RPC that is “Immoral doctrines, obscene publications and exhibitions and indecent shows.” X would be:

not liable because the articles were not published with his consent

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A