Exam Crim Juris Flashcards
1
Q
Act No. 3815 took effect on
A
January 1, 1932
2
Q
An act or omission punishable by law
A
Felony
3
Q
The principle that all persons who are here in the country are covered by our criminal law.
A
General
4
Q
The act or omission of the offender is not malicious, nor intentional, it is merely the incident or another’s act performed without malice.
A
Culpable Felony
5
Q
A tried to kill B by putting in his food a substance which he thought was arsenic when in fact it was sugar. B was not killed as the means employed was ineffectual
A
impossible crime
6
Q
A was attacked by B with a use of a knife. Even though A was surprised, he was able to parry the attack and it was during the scuffle of a knife that A stabbed B resulting in his death. What circumstance was present in the act or incident?
A
Justifying
7
Q
B stabbed A ten times all hitting the fatal parts of the body of the latter. What is the criminal liability of B
A
Principal
8
Q
A hid a time bomb in the car of B. When B drove the car going home, it exploded on the way. What crime did A commit?
A
Compound
9
Q
A was sentenced to imprisonment of four years, two months and one day to eight years is an example of what law?
A
Indeterminate sentence law
10
Q
Considered as an international crime as any nation can apprehend and prosecute the offenders.
A
Plunder
11
Q
A policeman entered the house of B without the latter’s consent and while therein searched document, is a crime of
A
Violation of domicile
12
Q
A public uprising and taking up arms against the government for the purpose of changing the form of government, is
A
Rebellion
13
Q
The military officer employed a swift attack against duly constituted authority by means of violence, intimidation, etc.
A
coup d’ etat
14
Q
Erasing any figures or letters contained in an official document is a case of
A
Forgery
15
Q
Malicious delay in the administration of justice is an example of
A
Dereliction of duty
16
Q
Stopping a vehicle on highway and by means of violence against or intimidation of persons took away properties inside the vehicle.
A
Brigandage
17
Q
If a crime has an imposable penalty of less than six years, it is within the jurisdiction of
A
MTC
18
Q
The taking of a person into custody in order that he may answer for the commission of a crime.
A
Arrest
19
Q
b) Object which is presented for exhibition in a court proceeding
A
Real evidence
20
Q
A categorical acknowledgement of guilt made by the accused without any exculpatory statement or explanation.
A
Confession
21
Q
- Mr. X is charged of murder. As advised by his counsel, Mr. X pleaded guilty so that he could not be meted a penalty of death as murder is punishable by death. What would be the appropriate penalty of Mr. X?
A
Reclusion Perpetua
22
Q
- A group of persons comprising of twenty trooped the Malacanang Palace to demand the ouster of GMA. Upon arrival at Malacanang, they stood by the gate peacefully and without uttering words. The guard send them away which made them to become arrogants, questioning the guard of his authority to send them away. Johhny Bravo who happened to be one of them resisted and boxed the guard. What was the crime committed?
A
assault
23
Q
- The husband is suspicious that his wife has an illicit affair with their driver. The husband planned to kill her by poisoning. One night, he put a spoon of Thiodan, a poisonous pesticide, into her food. When the wife ate the food she vomited and complained of severe pain. Out of pity, the husband washed the stomach of his wife to remove the poison. As a result, his wife did not die. What is the crime committed, if any?
A
physical injuries
24
Q
- Bino Rutsa is charged of physical injury by his neighbor because he stoned the pet dog of his neighbor which was hit in the head resulting in injury. Bino through counsel moved for the dismissal of the case by filing a “motion to quash,” The Judge sustained the motion. What is the effect to the case of the motion?
A
the case is dismissed
25
5. SPO4 Kutong, the chief investigator of Delihensya Municipal Police Office applied pressure and tortured Max to admit the crime of stealing laundry of Vina Tota. What crime if any did SPO4 Kutong commit?
Grave Coercion
26
6. Jack a.k.a. One eye while sitting in the park heard a commotion in front of him. It seemed to be two quarreling persons. One of them said, Pablo you are dead now. The other one said, Juan don’t kill me. Then silence ensued. When the police arrived, he heard that one Pablo is dead lying down the pavement. If he were presented as a witness, can the Judge allow him to testify as witness of what he saw.
yes, he is the eye witness
27
SP03 Matt Takutin saw Mando Rukot picking the pocket of Mr. Y. SP03 Takutin arrested Mando who demanded whether the policeman has warrant of arrest. SP03 Takutin said none, so Mando demanded that he should be released. SP03 Takutin refused. What is the authority of the policeman?
it is valid warrantless arrest
28
8. Bino Rutsa licked the vagina of Vina Rurot through the use of his tongue through the use of force and intimidation. What crime if any was committed?
none of them
29
9. The effectivity of Republic Act No. 3815 was-
January 1, 1932
30
10. An act or omission is considered as a crime if it is
punishable by law
31
11. A public uprising and taking up arms against the government is a crime of
rebellion
32
12. A public officer who can issue a warrant of arrest after preliminary investigation
MTC Judge
33
13. Ambassador Fukimo Mikuto of Japan to the Philippines killed Filipina girlfriend of his boyfriend Ambassador Jackolino Mastovini of Italy. What crime can be charged against the Ambassador?
no, crime as she is exempted from our law
34
14. Malou Wang has indulged in sexual intercourse with his numerous boyfriends every night since January 2000 out of love. What kind of woman is Miss Wang?
promiscuous
35
15. Pat lend to his friend Mat his gun which was used by the latter in killing his beloved wife. What is the participation of Pat?
accomplice
36
16. What stage of trial is where the accused is informed of the accusation against him?
arraignment
37
17. Matt Tipuno who attacked a child killing him can be charged of murder instead of homicide because the killing was qualified by
superior strength
38
18. SPOl Peter and SPO2 Pan entered the restaurant and ordered fried chicken and lechon which the two of them consumed. After the two got full, they left the restaurant without paying the bill, what crime did the two commit?
estafa
39
19. Pat saw the carabao of Mat inside his yard eating the vegetables he planted. Very furious, he killed the carabao, slaughtered it and called his neighbors to partake in eating the meat of the carabao. What crime is committed if any?
theft
40
20. SPO1 Joe saw a person seriously wounded lying on the ground within the vicinity of his beat. Since the person is still alive, he got his pencil and a sheet of paper and asked some questions which the victim obliged to answer although shows difficulty in answering, which included as to the name of the person who caused the injury to him. Consequently, the victim died. What can classify his answer to the question asked by SPO1 Joe written in a sheet of paper?
Dying declaration
41
21. Gina Masa was kidnapped and raped by fifteen (15) sex-starved men. Gina was shocked and was dying when PO2 Dako arrived who got her declaration. Gina was brought to the hospital and was able to survive. However, she could not talk because of her nightmarish experience. Can her testimony be used as an evidence?
yes, as part of res gestae
42
22. Pino Tulan witnessed a crime of murder. He was seen by the culprits, was caught when he tried to escape and cut his (Pino’s) tongue. Unable to talk, can he be allowed to testify?
Yes, because he witnessed the commission of the crime
43
23. Mina Kinilya filed a case against Manny Obra of acts of lasciviousness. Mina alleged that she was standing by the plaza when Manny accosted her from behind and without much ado embraced her, mashed her private part and fingered her. While the case is pending, Manny courted Mina and they were married after Manny was found guilty of rape and meted a penalty of reclusion perpetua. What is the effect of marriage if any-
it extinguished criminal liability
44
24. Fermin Tuog was disturbed by Marie, an eleven year old girl who has a crush on Fermin. Marie undress herself and sit on Fermin who at that time was already naked. What crime if any did Fermin commit?
statutory rape
45
25. Kadyo waited for Mirriam in the dark. Grabbed Mirriam by the arm and brought the lady in an uninhabited coco hut in the middle of a rice field. He tied Mirriam on top of the bed and undressed the lady. He was about to place himself on top of Mirriam but was bothered by his conscience, untied the woman and sent her home. What crime did Kadyo commit?
cosummated kidnapping
46
26. Kay, Kits and Kads are bosom friends. One day they planned to rape and kill Joyce. However, before they can execute their plan they were apprehended by Joel, boyfriend of Joyce, who is the Chief of Police of the town. Did they commit a crime?
none or no crime committed
47
27. When John knew that Efren was sleeping inside his hut, he set the hut on fire which eventually killed Efren what is the crime committed?
it depends, arson if the purpose is to burn the hut, murder if the purpose is to kill Efren??? Arson with murder???
48
28. Ret Ratista was able to get the video coverage of the ongoing crime of rape in his neighborhood. During trial, he presented the video tape and showed to the Judge by playing it inside the court. What classification of evidence is that?
real
49
29. The best evidence in a crime of bigamy is
original copy of the marriage contract
50
30. The quantum of evidence in determining the guilt of an accused
proof beyond reasonable doubt
51
31. So that the prosecutor who conducted the preliminary investigation can file an information with the court, the needed evidence
probable cause
52
32. If the accused who is found guilty by the Court is dissatisfied by the decision and wanted to question the decision within the 15-day period, what remedy is available to him
motion for reconsideration
53
33. If there was error or irregularity in the course of trial, which remedy is available to the accused who was found guilty?
motion for reconsideration
54
34. If it is very evident that a certain building is keeping prohibited drugs and so that it would be legally checked, the needed order is
search warrant
55
35. Mando Rugas was caught by numerous citizens stealing the TV set of Mr. Chua. who among them can legally arrest Mando?
anyone of them
56
36. Paul was caught by his wife living with Myrna, his mistress, under scandalous circumstances. Who would be the accused in a case of concubinage that the wife may file?
both of them
57
37. P/SUPT. Rebelion commanded a company of policemen to attack the Malacanang and detained the President so that he can be made to resign. Led by him, they actually siege the palace in the wee hour of the morning while the guards were not prepared. As a result, they were able to capture the President and brought him to Mindoro Island. The following morning, Rebelion declared himself President. It is a crime of
coup d' etat
58
38. Unable to rape Malou because she was always guarded by his boyfriend, Luis instead turned his sexual urge to Blackie, the pet female dog of Malou. What is the crime committed by Luis?
no crime
59
39. Mario and Pedro boxed each other. Mario was downed three times by the strong punch of Pedro. Sensing danger, Mario drew his revolver from his waist. Such an action of Mario was an example of--
overt act
60
40. What is the benefit to the accused or convicted accused of Indeterminate Sentence Law?
It qualifies the convict for parole at the time that he served the minimum of his sentence
61
41. If the accused who was able to prove that he committed the crime having acted upon passion or obfuscation but was convicted of a crime of less serious physical injuries where the imposable penalty is prision correccional, what would be the appropriate penalty assuming there was no aggravating circumstance?
minimum period of prision correccional
62
42. Mario and Petra were dancing. Mario could not control himself that he tightly embraced Petra and began mashing the back of Petra. What crime if any committed by
unjust vexation
63
43. That all persons who sojourn in the Philippines are covered by our criminal law is what application law?
general
64
44. Ignorantia legis, nemenem exusat, latin words which means
ignorance of the law excuses no one
65
45. Aberratio actus, also latin words which means
mistake in blow
66
46. The Revised Rules of Court which included criminal proceedings and rules of evidence are created by
Supreme Court
67
47. The declaration of a person cannot affect another is true under what principle in evidence?
res inter alios acta
68
48. Professor Joe of Bicol University called in his Office the most beautiful coed in the school. The professor proposes to the lady that if she goes with him in the hotel for one night she would be given a grade of 1.0 or perfect grade in Math. This is an example of
sexual harrasment
69
49. In a crime of rape, if the victim was aroused and in fact experienced orgasm, it is an indication of
consent
70
50. Matt Tapang was waiting for a bus along the sidewalk when another man arrived and without any word attacked Matt with a dagger. Sensing danger, Matt was able to parry all the thrusts of the man with a dagger against him until they struggled for the possession of the weapon and Matt was able to get the weapon and stabbed the attacker. In the prosecution for murder or homicide, what would be the defense of Matt?
self defense
