2 for COMPRE Flashcards
When is the preliminary investigation is required?
For offenses where the penalty prescribed by law is atleast 4 years, 2 months and 1 day (or Prision Correccional in its medium period) without regard to fine. (Rule 112, Sec. 1 para 2)
In a rape case, jurisdiction is conferred by
Law
If the prosecutor made an unfavorable resolution of a complaint in an preliminary investigation or inquest investigation, where can the accused file petition of review of the said resolution?
None of the above daw
Not DOJ
While on police mobile patrol, police officers A and B sighted C stabbing E to death, A and B chased C who barge into the house of E. A and B entered the house of E where they found one kilo of Shabu . A and B arrested C. A and B also arrested E for drug possession and took the one kilo of shabu to the police station without a search warrant. Did A and B violate the rule on criminal procedure?
No, Search in the incident of lawful arrest in plain view doctrine
Hot pursuit
Validity of warrant of arrest expires
Does not expires
The duty of the prosecution to present evidence to prove the guilt of an accused
Burden of Proof
When can arrest be made
Anytime of the day or night
The following are the pre-requisites before a court can validly exercise jurisdiction.
Jurisdiction over the person of the accused
Jurisdiction over the territory
Jurisdiction over the subject matter
Even if the offended party is a minor, she can initiate the prosecution for the crime of seduction. This statement is.
Totally true
The wife dies before she could institute a criminal action for concubinage against her husband and his concubine. The case may…
Could not prosecute
Who among the following may prove the handwriting of a person in an open court
Expert witness and ordinary witness
Should entries in the police blotter be given probative value? Yes or No or partly
Partly no
Even there is no evidence and no witness at all against him, the suspect bothered by his conscience surrendered to the police and freely, willfully and voluntarily confess his guilt in writing. Can the police arrest him? Yes or no or partly
No
A police officer testified in court on direct examination. Subsequently, he refused without justifiable reason to be crossed examined. The remedy of the counsel to the accuse is to motion the judge to arrest the Police Officer so he can be examined. Yes or no or partly
Wrong
The RTC can take judicial notice, the rape may be committed even in public places”public setting” of the rape is not an indication of consent. A man overcome by perversity and beastly passion chooses neither time, place occasion nor victim. True or False, Partly.
True
The testimony of a single witness
May be believe even if not corroborated
All except one of the following is hearsay.
The testimony of a complaint regarding text messages he received from the accused.
The police sought a questioning in connection with the killing of a victim. A was seen wearing a bloodstained shirt during an interrogation. A was not assisted by counsel, A admitted his guilt and surrendered the knife he used to commit the crime. What pieces of evidence is/are admissible?
Bloodstain daw
X was charged of robbery with rape. X subsequently testified on direct examination. In what matters may the prosecution cross examine X.
Matters involving only touched by X on direct examination.
Tender of excluded evidence can be made
Direct examination daw
Evidence to be credible must
must credible in itself daw
When the essential element of drug pushing cannot be prove, intent is enough to make the offender liable for attempt under section 26 of RA 9165. What intent is NOT included.
Intent to buy
Illegal possession of paraphernalia, when one or any turns positive for the use of dangerous drugs after confirmatory test, is ____ evidence of drug use.
Prima facie
Which among the following is not violence under RA 9262? A. Economic B. Psychological C. Sexual D. Physical E. None of the above
Sexual
Under RA 9262, damage to property is:
Psychological violence
Receiving services from a child in a massage parlor is:
Attempted child prostitution
Attempted child prostitution
Child trafficking
Attempted child prostitution
RA 7610
When a person is recruited to engage in prostitution with any member of the police force, the crime is
Qualified trafficking
Taking photo or video coverage of sexual act or capturing a image of persons private area is punish under the anti-photo and video voyeurism act of 2009, RA 9995. What private parts is excluded
Thigh
In a criminal case for attempted homicide where the victim is not physically injured at all, ________ criminal intent is a burden addressed prosecution.
Specific
What is the scope of application of the Revised Penal Code shall apply public … Or employees who commit an offense in the exercise of their function?
Extraterritorial and inteaterritorial
During a party, C administered an injurious substance called “ecstasy” …wine of V. Who sustained less serious physical injuries as consequence …felony did C commit?
Less serious physical injuries
X threatened to kill Y if Y will not sign a Deed of Sale of Y’s property in … Y signed the Deed of Sale. What felony dos X commit?
Robbery
X was able to have carnal knowledge of his girlfriend while the… What crime did X commit.
Rape
X stole a Rolex watch from a locker by means of the key of the owner. Did he commit?
Theft
A took several jewelry from a room by entering through the window
Robbery
Even if there is conspiracy, if a co-conspiracy merely … Insignificant or minimal acts, such co-conspirator should be … Accomplice only, Except when the felony constitute a _____
Composite Crime
A punched B who appears to be sleeping. A not knowing that … What crime did A commit?
None
A PNP member who refrains from arresting X for committing murder… for money is liable for
Qualified bribery
A PNP member who entered the dwelling of X against the latter’s unlicensed firearms is liable for
Violation of domicile
A and B, after robbing a 7-11, decided to kill the store clerk … Witness. What crime did they committed?
Robbery with homicide
penal law
…
illegal discharge arise to alarm and scandal,
grave threat
illegal discharge
has no intent to kill
s presumed from the mere doing of a wrong act. This does not require proof. The burden is upon the wrongdoer to prove that he acted without such criminal intent. Note: In felonies by means of deceit, the third element of voluntariness is a _____criminal intent
general
