CLJ MOCKBOARD.

INSTRUCTION: Read carefully the questions and select the letter of the best answer. Good luck.

1. The authority of the court to take cognizance of the case in the first instance.
a) Appellate Jurisdiction c) General Jurisdiction
b) Original Jurisdiction* d) Exclusive Jurisdiction
2. He is considered as champion of the government, because he represents in behalf of the People of the Philippines
in criminal cases.
a) offended party c) respondent
b) prosecutor* d) judge
3. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.
a. ex post facto law c. equal protection of the law
b. rule of law d. due process of law*
4. While Philippine National Police (PNP) is under the administrative control and supervision of the NAPOLCOM,
the PDEA is under-
a) DOJ b) DILG c) Office of the President* d) Bureau of Customs
5. Provincial jails were first established in 1910 under the American Regime. At present, who supervises & controls
the said jails?
a) BJMP c) Provincial government *
b) BuCor d) DILG
6. Any person under investigation for an offense shall have the right to be informed of his right to remain silent and
to have competent and independent counsel preferably of his own choice. This right is mandated under what
process-
a. substantial due process c. procedural due process*
b. warrantless arrest d. rights of the accused
7. When someone is killed by a riding in tandem, being suspected to be a drug addict, the latter violates what kind of
civil rights?
a. Right to life * c. Right of privacy
b. Right to the freedom of speech d. Right to liberty
8. It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by
an unlawful act or omission of public official or employee. The writ shall cover the extrajudicial killings and
enforced disappearances.
a. Writ of habeas corpus c. Writ of habeas data
b. Writ of Amparo* d. Writ of Kalikasan
9. Any evidence obtained in violation of the Constitution, law, or the Rules of Evidence shall
be inadmissible under the principles of-
a. Due process c. Warrantless search
b. Exclusionary rule* d. Eminent domain
10. The following are the rights of a person accused of a crime: right to due process of law, right to be presumed
innocent, right to be inform of accusation against him, right to speedy trial, right to confront witnesses against him,
and right to compulsory processes. During arraignment process, what kind of rights is being complied by it?
a. Right to be presumed innocent
b. Right to be inform of the accusation against him*
c. Right of a speedy trial
d. Right to due process
11. Characteristics in criminal law which provides that penal laws shall be obligatory upon all who live or sojourn in
the Philippine territory.
a. Generality* b. territoriality c. prospective d. retroactive
12. Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of
such country, unless when the crime merely affects things within the vessel or it refers to the internal management
thereof.
a. English rule* b. French rule c. American Rule d. Philippine rule
13. Those crimes that admit no attempted or frustrated stage because they are consummated at once.
a. Malum inse b. material crimes c. malum prohibitum d. formal crimes*
Facts: A and B were brothers, before the death of their parents, they bequeathed (pamana) all their properties to B,
their favourite son. Of his envy, A hired C to kill B, while the latter (B) was vacationing in the isolated island. C
hired D, the owner of the only boat available that time to bring him (C) to the island despite knowing of the
intention, D brought C therein. Upon their arrival, C immediately killed B and order F, a local fisherman, to bury the
body of B for the concealment of his body.

14. What was the crime committed by A and C?

a. Homicide c. murder*
b. parricide for A and homicide for C d. parricide all under conspiracy
15. What was the participation of A?
a. principal by direct participation c. principal by induction*
b. principal by indispensable cooperation d. conspirator

16. What was the participation of C in killing B?

a. Principal by direct participation* c. principal by induction
b. principal by indispensable cooperation d. conspiracy
17. What was the participation of D?
a. Accessory c. Accomplice
b. principal by indispensable cooperation* d. principal by inducement
18. Felonies which the law punishes with penalties which in their maximum period are correctional.
a. Light b. correctional c. less grave* d. grave
19. A penalty which is defined as that provided for a felony and which is imposed by court expressly upon
conviction.
a. Principal* b. fine c. accessory d. subsidiary
20. The three-fold rule shall apply only when the convict is to serve 4 or more sentences successively. The
computation and imposition is left to the-
a. Police authority b. court c. prison authority* d. president
21. The grounds for exemption from punishment because there is wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent.
a. Justifying circumstance c. exempting circumstance*
b. mitigating circumstance d. aggravating circumstance
22. These circumstances cannot be offset by aggravating circumstance. The circumstance of minority i.e., if the
child above 15 years of age acted with discernment. This is an example of-
a. Ordinary mitigating c. privilege mitigating*
b. generic aggravating d. inherent mitigating
23. Jorge is under detention for violation of RA 9165. One day he was involved in a fight with his fellow inmate. He
killed his fellow inmate; thus, a case of homicide was also filed. Is Jorge a recidivist?
a. Yes, because his second crime is considered as felony.
b. Yes, because he is already convicted of the first crime.
c. No, because his first offense is punishable by a special penal law*
d. No, because he is not yet convicted of his first crime.
24.The killing of a child of tender age is murder qualified by __________ because of the weakness of the child due t
o his tender age results in the absence of any danger to the aggressor.
a. Cruelty c. Evident premeditation
b. Treachery* d. Taking advantage of superior strength
25. Its element when present will establish the following, the time when the offender determined to commit the
crime and sufficient lapse of time between the determination and execution to allow himself to reflect upon the
consequence of his act.
a. Treachery b. evident premeditation* c. cruelty d. ignominy
26. The offender commits any of the crimes against person, employing means, method or forms in the execution
thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense
which the offended party might make.
a. Treachery* c. evident premeditation
b. cruelty d. ignominy
27. X was convicted of reckless imprudence resulting in homicide. The trial court sentenced him to a prison term as
well as to pay P150, 000 as civil indemnity and damages. While his appeal was pending, X met a fatal accident. He
left a young widow, 2 children, and a million-peso estate. What is the effect, if any, of his death on his criminal as
well as civil liability?
a. Criminal liability extinguished
b. Civil liability extinguished
c. Criminal and civil liability that may arise from delict shall be extinguished *
d. Criminal liability extinguished, civil liability subsists
28. If the crime is known, the prescriptive period will commence to run from-
a. Its discovery c. its commission*
b. its report to the police d. any of them
29. One does not belong to the group
a. absolute pardon c. amnesty
b. parole * d. remission of forfeitures
30. The period of prescription of penalties shall commence to run from the date when the culprit should –
a. evades the service of his sentence* c. evades the arrest
b. did not appear in the promulgation d. did not participate in the trial
31. What is the crime committed if the person is killed with fire?
a. Murder* c. Arson
b. Reckless imprudence resulting in homicide d. Arson with homicide

32. A, the father of B. The former killed the 10 years old illegitimate son of the latter, what crime was committed?
a. Homicide b. Murder* c. Infanticide d. Parricide

33. Jessie, a 21 year old criminology intern had sexual intercourse with his 15 year old girlfriend without threat,
force or intimidation. What crime was committed, if any?
a. Child rape c. Qualified Rape
b. Statutory Rape * d. None of these
34. Berting, with evident premeditation and treachery killed his brother. What was the crime committed?
a. Murder* c. Parricide
b. Homicide d. Qualified Homicide
35. Due to heated altercation, John stabbed Steve resulting to Steve’s death. Due to circumstantial evidence
presented, it found out that Steve is John's brother. What crime did John commit?
a. murder c. homicide*
b. parricide d. none of these
36. A and B are board mates. B went out from their boarding house. A put chair to block the door. Suddenly, a
person is forcing to open the door block with chair. Ask the person forcing to open the door, the person is not
responding. A went to kitchen to get knife. B forced to open the door. Then A struck B with the knife. B died.
What crime did A committed?
a. mistake in blow c. mistake of fact *
b. error on personae d. mistake of identity
37. X killed his three days old child, what crime did he commit?
a. infanticide c. parricide*
b. homicide d. murder
38. Suspecting that Juan was a drug pusher, SPO2 Mercado, gave Juan a P1000-bill and asked him to buy some
marijuana cigarettes. Desirous of Pleasing SPO2 Mercado, Juan went to the neighborhood fifteen minutes, Juan returned
with the sticks of marijuana cigarettes which he gave to SPO2 Mercado who thereupon placed Juan under arrest and
charged him ofselling marijuana cigarettes. Is Juan guilty of any offense punishable under the Dangerous Drugs Act?
a. No, because there was instigation*
b. yes, because there was proper entrapment
c. Yes, for illegal possession of marijuana
d. Yes, for illegal selling of marijuana
39.If the arrest is made without a warrant and under circumstances not allowing a warrantless arrest, the crime
would be
a. Unlawful arrest* c. Arbitrary detention under Art 124
b. Illegal detention d. Arbitrary detention under Art. 125

Problem: Together X, Y and Z planned to rob Miss D. They enter her house by breaking one of the
windows in her house. After taking her personal properties and as they were about to leave, X
decided on impulse to rape D. As X was molesting her, Y and Z stood outside the door of her bedroom and
did nothing to prevent X from raping D.

40. What crime did X commit?

a. Robbery b. Rape c. Robbery with rape* d. Robbery and rape
41. In relation to the above problem, what crime did Y and Z commit?
a. Robbery b. Rape c. Robbery with rape* d. Robbery and rape
42. Is a crime of depredation wherein the unlawful acts are directed not only against specific, intended
or preconceived/victims, but against any and all prospective victims anywhere on the highway and
whoever they may potentially be.
a. Robbery by a band b. Bandits c. Brigandage* d. Simple robbery
43. While the car of A was parked outside his house at night, B together with C approached the vehicle, with
force upon things they smashed the windshield of the vehicle, entered therein and took valuable items
therein. What crime did they commit?
a. Robbery with intimidation c. Robbery with force upon things
b. Theft* d. Damage to property
44. A police traffic officer who, in consideration of the money offered by a taxi driver who beat the red
light, refrains from issuing a TVR and from confiscations the driver’s license when it is his duty to do so,
commit the crime of-
a. Corruption of public officer b. Direct bribery* c. Indirect bribery d. Qualified bribery

45. Pia, a bold actress living on top floor of a plush condominium in Makati City sunbathed naked at its
penthouse every Sunday morning. She was unaware that the business executives holding office at the
adjoining tall buildings reported to office every Sunday morning and, with the use of powerful binoculars,
kept on gazing at her while she sunbathed. Eventually, her sunbathing became the talk of the town. What
crime, if any, did Pia commit?
a. Grave scandal b. Acts of lasciviousness c. Public scandal d. No crime was committed*
46. A jail guard who, while he was off duty, released the prisoner from jail and return him
inside the jail after five hours, what offense did he commit?
a. Giving assistance to escape c. Evasion of service of sentence
b. Delivering prisoners from jail* d. Infidelity of the custody of a prisoner

47. In relation to the above question, suppose the jail guard is on duty, what crime did he commit?
a. Giving assistance to escape
b. Evasion of service of sentence
c. Delivering prisoners from jail
d. Infidelity of the custody of a prisoner*

48. May a barangay chairman be guilty of arbitrary detention?

a. Yes, because he is a person in authority charge with peace and order*
b. No, because he is not member of police or NBI
c. Yes, only if the person is under his barangay
d. No, because that is not his main function
49. Where the source of the defamatory utterance is unknown and the offender simply repeats or passes the
same, without subscribing to the truth thereof, is guilty of-
a. Intriguing against honor* c. Slander/oral defamation
b. Slander by deed d. Libel
50. Slapping a lady in a dance not for purpose of hurting her but to cause her shame and humiliation for
refusing to dance with the accused constitute-
a. Unjust vexation c. Slander/oral defamation
b. Slander by deed* d. intriguing against honor
51. Where the complainant who is 16 years old lives in the same house where the accused, her uncle, also lives,
had sexual intercourse with her with consent. The uncle is guilty of-
a. Simple seduction c. Qualified seduction*
b. Statutory rape d. Consented abduction
52. Ana married to Berto, while Berto was in the sea, fishing boat, Ana and Carlo had sexual intercourse twice.
It was known to Carlo that Ana is already married. Ana and Carlo are guilty of-
a. Adultery c. Two counts of adultery*
b. Concubinage d. Bigamy
53. Mario, a married man, was charged of concubinage by his wife of keeping a mistress in the conjugal
dwelling. Mario defended that there would be no concubinage because in fact and in truth there was no
sexual intercourse occurred during the 3 months stay of the concubine. Is Mario’s defense tenable?
a. Yes, sexual intercourse must be proved c. No, there is no need to prove that coitus occurred*
b. Either of the above d. Neither of the above
54. If the accused carried or took away the victim by means of force and with lewd design and thereafter
raped her, the crime
a. Kidnapping b. Forcible abduction c. Rape d. Forcible abduction with rape*
55. This crime involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act.
a. Sex trade c. human smuggling
b. Human trafficking* d. exploitation
56. It is an act or threat designed to influence the government or intimidate the public.
a. coercion c. rebellion
b. terrorism * d. sedition
57. It is any act that results in physical or psychological suffering, harm or injury inflicted as pre-requisit to join a
certain group or organization.
a. torture c. grave threats
c. terrorism d. hazing*
58. Jerry, a college student, was caught peeping the school bathroom where Jessa was taking her personal necessity.
He also was caught stalking and following Jessa wherever the latter go. Jerry may be held liable for-
a. seduction c. acts of lasciviousness
b. violation of safe spaces act* d. threat
59. A, a male, takes B, another male, to a motel and there, through threat and intimidation, succeeds in inserting his
penis into the anus of B. What is A’s criminal liability?
a. Statutory rape b. Penile rape c. Sexual assault* d. Acts of lasciviousness
60. Which of the following evidence is the same, as that which is already given?
a. Corroborative evidence c. "Factum evidence"
b. Cumulative evidence * d. Testimonial evidence
61. The body of a dead person is ___________ if his death is at issue.
a. real evidence *
b. testimonial evidence if testified by a medico legal
c. secondary evidence
d. Corroborative evidence of death
62. When is evidence presented in court for admissibility considered relevant to the issue?
a. when it is not excluded by the rules
b. when it has a direct bearing and actual connection to the facts and issue*
c. when it is not repugnant in taste
d. when it is not immoral

63. What is the quantum of proof for criminal cases.

a. Proof of guilt beyond doubt* c. preponderance of evidence
b. substantial evidence d. prima facie
64. In a criminal case for murder, the prosecution offered as evidence photographs showing the accused mauling
the victim with several of the latter’s companions. Photographs here is a-
a. Real b. documentary * c. demonstrative d. testimonial
65. A negative paraffin result is ________________ proof that a person has not fired a gun.
a. Conclusive b. not conclusive* c. disputable d. valid

66. At the trial of Ace for violation of the Dangerous Drugs Act, the prosecution offers in evidence a marked
P500.00 bill used in the “buy-bust” operation. The P500.00 bill is a-
a. Real evidence* b. demonstrative c. documentary d. best evidence
67. X signed a receipt representing his payment of the charged in the LTO when he was apprehended by the
officer. The receipt contains 3 copies; the one he signed and the other were with carbon paper. The copies are
considered-
a. original b. photocopy c. duplicate original* d. secondary
68. The chain of custody requirement is essential to ensure that doubts regarding the identity of the evidence.
Non-compliance with the procedure shall not render void and invalid the seizure and custody of the drugs when:
a. such non-compliance is attended by justifiable grounds
b. the integrity is intact
c. the evidentiary value of the seized items are properly preserved
d. all of the foregoing*

Facts: The barangay captain reported to the police that X was illegally keeping in his house a M16 rifle. On
the strength of that information, the police conducted a search of the house of X and indeed found said rifle.
The police raiders seized the rifle and brought X to the police station. During the investigation, he
voluntarily signed a Sworn Statement that he was possessing said rifle without license or authority to
possess, and a Waiver of Right to Counsel.

69. Is the seized rifle admissible in evidence against X for illegal possession of firearm?
a. Admissible because warrantless search is justified
b. Not admissible because of absence of the search warrant*
c. Admissible on the ground of personal knowledge of the brgy. Captain
d. Not admissible because he was not informed of his right
70. Is the voluntary admission of X that he is keeping an illegal firearm admissible against him?
a. Admissible because it was made voluntarily
b. Not admissible, because he was not informed of his right*
c. Not admissible because of absence of the search warrant
d. Admissible on the ground of personal knowledge of the brgy. Captain
71. What is the order of proof to be followed for the admissibility of secondary evidence?
a. Execution, existence, loss, and contents
b. Loss, existence, execution, and contents
c. existence, execution, loss, and contents*
d. contents, execution, loss and existence
72. When may secondary evidence be admitted?
a. The offeror must prove the due execution and existence of the original document
b. The offeror must show the cause of its unavailability
c. The offeror must show that the unavailability was not due to his bad faith
d. All of the foregoing*
73. When is testimonial evidence should be offered in court?
a. at the time the witness is called to testify*
b. after the presentation of the testimonial evidence
c. after the party rested its case
d. when the court order him to offer the evidence
74. Objection to evidence offered orally must be made _________ after the offer is made.
a. Immediately* c. when allowed by the court
b. upon request of the party d. it must be in writing
75. Photographs, x-ray films, recordings, and drawings are considered as:
a. Object b. documentary * c. testimonial d. original document
76. If the data is stored in the computer device or cellphone, the original document will be the:
a. Data itself c. the computer or cellphone
b. the original poster d. the printout/output*
77. A duplicate is also admissible to the same extent as the original, unless the following is alleged as the issue:
a. A genuine question is raised as to the authenticity of the original*
b. When no original is available
c. Only the original document is allowed by the rules on evidence
d. Secondary evidence may be allowed by the court

78. Circumstantial evidence is sufficient for conviction if:

a. There is more than one circumstances
b. The facts from which the inferences are derived are proven
c. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt
d. All of the foregoing*
79. All offenses punishable with imprisonment not exceeding 6 years irrespective of the amount of fine and
regardless of other imposable accessory or other penalties are in the exclusive jurisdiction of-
a. MTC * b. RTC c. Sandiganbayan d. ombudsman
80. Criminal cases where the penalty provided by law exceeds 6 years imprisonment irrespective of the fine are
in the jurisdiction of-
a. MTC b. RTC * c. Sandiganbayan d. ombudsman
81. Cases where the Officials occupying a position classified as Grade 27 or higher of the Compensation and
Position Classification Act of 1989 are heard in-
a. MTC b. RTC c. Sandiganbayan* d. ombudsman
82. Courts will not resolve a controversy involving a question which is within the jurisdiction of an
administrative tribunal, especially where the question demands the exercise of sound administrative discretion
requiring the special knowledge and experience.
a. Judicial non-interference c. jurisdiction over the subject matter
b. doctrine of primary jurisdiction* d. continuity of jurisdiction
83. Jurisdiction, once attached, cannot be ousted by subsequent happenings or events although of a character
which would have prevented jurisdiction from attaching in the first instance, and the court retains jurisdiction
until it finally disposes of the case.
a. Judicial non-interference c. jurisdiction over the subject matter
b. doctrine of primary jurisdiction d. doctrine of adherence*
84. X was arrested, in flagrante, for robbery. After thorough investigation, he was brought before the office of
the prosecutor for inquest, but unfortunately no inquest prosecutor was available. May the bank directly file the
complaint with the proper court?
a. Yes, on the basis of the affidavit of the offended party *
b. No, only the prosecutor can file in criminal cases
c. No, because the crime involved a penalty of more than 4 years and 2 months
d. He must be released immediately before the reglementary period expires
85. When the accused was arrested without warrant and raise the illegality of his arrest, what would be his
remedy?
a. Motion to dismiss c. motion to quash
b. petition for issuance of the writ of habeas corpus* d. demurrer to evidence
86. Jimmy was arrested without a warrant. After preliminary investigation, the information was filed in court.
He pleaded not guilty during arraignment. After trial on the merits, he was found guilty by the court. On appeal
he claims that judgment was void due to his illegal arrest. Is Jimmy right?
a. Yes, because the absence of preliminary investigation is fatal in criminal cases
b. No, he already waives his right when he entered his plea*
c. No, there was no evidence presented in the case
d. Yes, because he was not afforded with due process
87. Under the law, the warrant of arrest shall remain valid unless
a. after the lapse of ten days from its issuance
b. it is served or lifted*
c. after the lapse of the period for the police to execute the same
d. after the lapse of the period for the police to make his report
88. If no criminal action has yet been instituted, a motion to quash a search warrant and/or suppress evidence
obtained thereby by the police shall be filed in and resolve by the
a. court which has jurisdiction over the place where the offense was committed
b. court that issued the search warrant*
c. court where the suspects reside
d. court within the judicial region of the place where the crime was committed
89. The execution of the warrant of arrest should be made-
a. No expiry date c. within 10 days from receipt*
b. within 10 days from issue d. after 10 days from its issuance
90. What is the effect if the accused raises the issue of lack of preliminary investigation before entering plea?
a. The court shall dismiss the action c. a ground for motion to quash
b. conduct preliminary investigation* d. file a motion to dismiss
91. When a person is lawfully arrested without a warrant, the prosecutor shall conduct-
a. Preliminary investigation c. interrogation
b. inquest* d. bail bond
92. It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain under custody and correspondingly be charged in court.
a. Probable cause c. inquest proceeding*
b. preliminary investigation d. arraignment
93. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the
application for bail may only be filed in the –
a. court where the case is pending* c. place where he is held/detained
b. place where he was arrested d. anywhere in the country
94. If information was filed in the RTC Manila charging Mike with homicide and he was arrested in Quezon
City, in what court or courts may he apply for bail?
a. RTC of Manila only c. RTC of Quezon only
b. RTC of Manila or Quezon City * d. anywhere in the country
95. If the allegations in the complaint is not clear, the remedy of the accused is-
a. Motion for bill of particulars* c. Motion to quash
b. Petition for bail d. Demurrer to evidence
96. For offenses punishable by imprisonment exceeding 6 years, the provisional dismissal shall be permanent if
not revive within-
a. 2 years* b. 3 years c. 4 years d. 6 years
97. When is plea bargaining applicable?
a. Violations of the Dangerous Drugs regardless of the imposable penalty
b. For illegal possession of shabu up to 0.99 grams only*
c. Crimes against person
d. Any heinous crime
98. It is allowed whenever a party filed a motion for new trial or reconsideration, he is given another 15 days
period to appeal after the final order of the court-
a. Annulment of judgment c. relief from judgment
b. fresh period* d. appeal
99. If the court exercises original jurisdiction, the appeal should be taken is-
a. Ordinary appeal c. notice of appeal*
b. petition for review d. directly to the court
100. The following are not admissible in any criminal proceeding involving alleged victim when the evidence
offered to prove that the alleged victim engaged in other sexual behavior; and evidence offered to prove the
sexual predisposition of the alleged victim, because it is protected by -
a. Res ipsa loquitor c. res inter alios acta
b. sexual abuse shield rule* d. exclusionary rule