AAAAACrim. Board questionnaires (1).doc - Licensure...

  • No School
  • AA 1
  • LieutenantNeutron53
  • 349
  • 100% (1) 1 out of 1 people found this document helpful

This preview shows page 1 out of 349 pages.

Unformatted text preview: Licensure Examination for Criminologists CRIMINAL JURISPRUDENCE & PROCEDURE (CJURIS) INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for each item by shading the box corresponding to the letter of your choice on the answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only. 1. May be defined the branch or division of law which defines crimes, treats of their nature and provides for their punishment A. Criminal Jurisprudence B. Criminal Law C. Criminal Evidence D. Criminal Procedure 2. Under this theory, man is considered as an essentially moral creature with an absolute freewill to choose between good and evil, therefore, he should be judged or held accountable for his wrongful acts for as his will is impaired. A. Juristic or Classical Theory B. Territoriality C. positivist or realistic theory D. Non- Punitive theory 3. One of the characteristics of criminal law, where penal laws, like those intended for public security and safety, shall be obligatory upon all persons residing within the state, subject to the principles of public international law and treaty agreements. A. Irretrospectivity C. Territoriality B. Generality D. Jurisdiction 4. One of the characteristics of criminal law, where penal laws do not have retroactive effect, except in case were it favor the accused charges with felony and who are not habitual criminals. A. Irretrospectivity C. Territoriality B. Generality D. Jurisdiction 5. The third characteristics of law, where penal laws applicability is subject to punishment crimes committed within the Philippines territory extending to the twelve-mile limits from the headlands, except such limitation only as have conceded by the territorial sovereign through the proper political agencies. A. Irretrospectivity B. Generality C. Territoriality D. Jurisdiction 6. One theory with respect to the jurisdiction to try crimes committed on board a foreign vessels while found within Philippines territorial boundaries, that is, when the crimes committed on board a foreign vessel found within the territorial waters and parts of the Philippines, affects the tranquility, peace and security of such state or when its safe is not endangered, these offense are triable vessels. A. Nationality Theory (French Rule) B. American Military Bases Agreement Theory C. Territoriality Theory (English Rule) D. Nationality Theory (Spanish Rule) 7. Under these theory crimes on board a foreign merchant vessel while in a foreign port, save in cases covered by treaty agreement, are subject to the jurisdiction of the local courts unless they affect only the vessel or those belonging to her and do not involve the dignity of the host country or the tranquility of the latter’s port. A. Nationality Theory (French Rule) B. American Military Bases Agreement Theory C. Territoriality Theory (English Rule) D. Nationality Theory (Spanish Rule) 8. Are those crimes committed against the society which produce direct damage or prejudice common to all its members. A. Private crimes B. Public crime C. Felony D. Infraction 9. Are those crimes committed against individuals, particularly against their chastity, but which do not produce danger or prejudice common to other members of the society. A. Private crimes B. Public crime C. Felony D. Infraction 10. Are those offenses of such serious character in their effect on society as to call for the practically unanimous condemnation of its members? A. Mala prohibitu C. Public crimes B. Mala perse / Mala in se D. Private crimes 11. Are those infractions of mere rule of convenience designed to secure a m ore orderly re4gulation to the affairs of society? A. Mala prohibitu B. Mala Perse / Mala in se C. Piracy D. felonies 12. It is a crime committed not against a particular country but against mankind, consequently, jurisdiction over this particular offense recognizes no territorial units. A. Felonies B. Piracy C. Justifying circumstances D. Exempting Circumstances 13. Are those acts and omissions committed not only by means of deceit, but also by means of fault and are punishable by law. A. Justifying Circumstances B. Felonies C. Exempting Circumstances D. Attempted felony 14. Is committed whenever the offender commence the commission of a crime directly by overt acts but does not perform all the acts execution which should produce the felony as a consequence by reason of some cause or accident other than his own spontaneous desistance. A. Frustrated felony B. Attempted felony C. Consummated felony D. Mitigating circumstances 15. In this respect the offender perform all the acts of execution which would produce the felony as a consequence but which nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. A. Frustrated felony B. Consummated felony C. attempted felony D. Justifying circumstances 16. Circumstances wherein the acts of the person are in accordance with the law and hence, he incurs no criminal and civil liability. A. Justifying circumstances B. Exempting circumstances C. Mitigating circumstances D. Alternative circumstances 17. Those wherein there is an absence in the agent of the crime any of all the conditions that would make an act voluntary and hence, although there is no criminal liability, there is civil liability. A. Justifying circumstances B. Exempting circumstances C. Aggravating Circumstances D. Mitigating circumstances 18. Circumstances where those that have the effect of reducing the penalty because there is diminution of any of the elements of dolo or culpa, which makes the act voluntary or because of the lesser perversity of the offender. A. Mitigating circumstances B. Aggravating circumstances C. Alternative circumstances D. Justifying circumstances 19. Those which are either aggravating or mitigating according to the nature and effects of the crime and other conditioning attending its commission. A. Alternative circumstances B. Aggravating circumstances C. Justifying circumstances D. Mitigating circumstances 20. Circumstances which serve to increase the penalty without exceeding the maximum provided by law because of the great perversity of the offenders as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender. A. Mitigating circumstances B. Aggravating circumstances C. Alternative circumstances D. Instigation 21. This situation takes place when a peace officer induces a person to commit a crime, without the inducement, the crime would not be committed. A. Entrapment B. Instigation C. Voluntary surrender D. Recidivism 22. To be appreciated as mitigating circumstances it must be made to a person in authority or his agent, it may be present if made after the issuance of a warrant of arrest, but before actual arrest is made. A. Voluntary surrender B. Recidivism C. Habitually of reiteration D. recidivism 23. They are those, who not being principals, cooperate in the execution of the offence by previous. A. accessories B. accomplices C. Principals D. Look out 24. Are those whenever, having knowledge of the commission of the crime, without having participated therein, takes part subsequent to its commission either in profiting themselves are assisting to offenders to profit by the effect of the crime, or assisting the escape of the principal, etc. A. Accessories B. Accomplices C. Principals D. Mastermind 25. In its juridical sphere, it means by the suffering undergone, because of the action of the society, by one who commits a crime, hence it can be imposed after conviction in a criminal action. A. Penalty B. Pardon C. Amnesty D. Probation 26. Is a kind of executive clemency that wipes away the guilt of the convicted person, subject to the three limitations to be executed by the president? A. Penalty B. Pardon C. Amnesty D. Probation 27. Is a kind of executive clemency whereby the execution of the penalty is suspended? A. Pardon B. Reprieve C. Amnesty D. Commutation of sentence 28. The penalty imposed by the court upon an offender is reduced to a lighter one A. Commutation of sentence B. Reprieve C. Amnesty D. Civil interdiction 29. It is an accessory penalty provided by law when the principal penalty imposed upon the offender for the commission of a crime is more than twelve years imprisonment. A. Amnesty B. Civil interdiction C. Capital offense D. Criminal Offense 30. It is one for which the law imposed a single punishment for various offenses. It is committed in either of two ways; when a single act constitute two or more grave or less grave offenses; when an offenses is a necessary means for committing another. A. continuous offenses B. complex offenses C. capital offenses D. impossible crime 31. Is a kind of crime which is committed by a person who performs an acts which would be an offense against persons or property, where it not for the inherent impossibility of its accomplishment or on account of the enjoyment of in adequate or ineffectual means? A. Complex crime B. Impossible crime C. Prescription of crime D. Prescription of penalty 32. It may be defined as the forfeiture or lose of the right of the states to prosecute the offender after the lapse of a certain time fixed by law. A. Impossible crime B. Prescription of crime C. Prescription of penalty D. Condition pardon 33. It is the loss of forfeiture of the right of the government to execute the final sentence after the lapse of a certain time fixed by law. A. Prescription of penalty B. Prescription of crime C. Condition pardon D. Good conduct allowance 34. It may be defined as a disposition under which a defendant after conviction and sentence is released subject to the conditions imposed by the court and to the supervision of probation officer. A. Indemnification B. Reparation C. Evidence D. Probation 35. It is granted in connection with crimes against property, and is limited to prejudice that the injured party suffered. A. Indemnification B. Reparation C. Prejudicial question D. Treason 36. This case may arise where the criminal action is suspended instead until the termination of a civil or administrative proceeding; that it must be determinative of the case before the court; and jurisdiction to try the case must be lodge in another tribunal. A. Prejudicial question B. Reparation C. Treason D. Levying war 37. This is a breach of the allegiance, which is the obligation of the fidelity and obedience one owes to the government, or sovereign under which he lives, in return for the protection he receives. A. Levying war B. Treason C. Adherence to the enemy D. Aid and comfort 38. As a mode of committing treason, it means as actual assemblage of person for the purpose of executing a treasonable design. A. Levying war B. Adherence to the treason C. Aid and comfort D. Misprision of treason 39. Means that the citizen intellectually or emotionally favors the enemy and harbors sympathies or connection disloyal to his country policy or interest. A. Levying war B. adherence to the treason C. Aid and comfort D. misprision of treason 40. This requirement imparts the degree of the proof necessary to convict an accused of the crime of treason consisting of the testimony of two witnesses to the same overt act. A. Dangerous tendency rule B. two-witness rule C. B & D D. Multiple witness rule 41. It is defined as the deprivation by a public officer of the liberty of a person without any legal ground. If the offender is private person illegal detention is committed. A. illegal detention B. Arbitrary detention C. Violation of domicile D. expulsion 42. It is the unauthorized act of a public officer or employee of expelling a person from the Philippines, or of compelling him to change his residence A. Probable cause B. expulsion C. Rebellion D. Sedition 43. There is a public and tumultuous uprising in order to attain by force, intimidation or any other means, like the prevention of execution of laws or holding of an election. A. sedition B. rebellion C. Direct assault D. resistance 44. This crime is committed by attacking, employing force, seriously intimidating or seriously resisting any person in authority or his agent, while engaged in the performance of official duties or on the occasion of said performance. A. direct assault B. rebellion C. Indirect assault D. resistance 45. This crime is committed upon a private person who comes to aid an agent of a person in authority on the occasion of direct assault committed against the latter. A. Indirect assault B. Resistance C. Direct assault D. Insulting a person in authority 46. A coin is said to be, when it is made of metal inferior intrinsic value to that of the genuine coin and is gives the appearance of one legal tender. A. False or counterfeit coin B. Mutilation of coin C. forger D. Falsified 47. 48. It is the act of diminishing, by ingenious means, the metal in the coin A. False or counterfeit coin B. Mutilation of coin C. Forgery D. falsification This crime committed whenever the offender makes or imitates a treasury or bank notes or certificates of giving it the appearances of one that is genuine. A. Falsification of document C. Intercalation B. Forgery D. Rubric 49. Those directly vested with the jurisdiction, whether as individual or as members of some court or government corporation, board or commissions are – A. Public officer B. Person in authority C. Agents of person authority D. Employee 50. It is the act of person who knowingly offers in evidence a false witness or testimony in any judicial or official proceeding. A. Perjury B. False testimony C. Bribery D. False representation 51. This crime is committed by a public officer who agrees to commit a criminal offense in connection with the exercise of the powers of his office in consideration of a price, reward, promise or gift. A. Moonlighting B. Direct bribery C. indirect bribery D. Estafa 52. This crime is committed by a pubic officer who agrees to commit and act inconsideration of the gift and his act is connected with the discharge of his public duties. A. Moonlighting B. Direct bribery C. indirect bribery D. Estafa 53. This crime is committed whenever a public officer does not account for what he collects and he misappropriates the fees collected. A. Illegal transaction B. Estafa C. Malversation D. Corruption of public official 54. This is committed by a person who gives gift or makes the offer or promise in the direct or indirect bribery. A. Estafa B. Illegal exaction C. Corruption of public official D. Malversation 55. This crime, it is the convict who evades service of sentence by escaping during his term of imprisonment and who is subject to punishment. A. Infidelity in the custody of prisoner B. Evasion of service of sentence C. Jail break D. Escapee 56. This is not a crime before society, before God, it is an enormous offense, which is punished, is the one who assist in self destruction. A. Tumultuous affray B. suicide C. infanticide D. kidnapping 57. 58. This is the willful conscious killing of any child less than three days old. A. Abortion B. Infanticide C. Maltreatment of prisoner D. kidnapping It is the unlawful destruction, or the bringing forth prematurely, of human fetus before the natural time of birth which results in death. A. Infanticide B. Abortion C. Parricide D. Murder 59. A presidential degree which provides for the granting of Immunity from prosecution to givers of bribes and other gift to their accomplices in bribery and other graft cases against public officers. A. PD 603 B. PD 749 C. PD 765 D. PD 968 60. If the person maltreated by a public officer has already been arrested but is not yet booked in the office of the police and put in jail, the crime committed is. A. Physical injuries B. Police brutality C. Coercion D. Physical Abuse 61. If the person is not yet confined in jail and he is maltreated by a public officer to make him confess his guilt. The crime committed is: A. Police brutality B. Coercion C. Physical injuries D. Illegal Detention 62. It is the intentional derivation of any body organ necessary for reproduction. A. Abortion B. Castration C. Physical injuries D. Mutilation 63. This is a crime against liberty and the violent taking of another person is not motivated by lewd designs. A. Forcible abduction B. kidnapping C. Acts of lasciviousness D. seduction 64. This is a crime against chastity and the violent taking of a woman is motivated by lewd designs. A. Forcible abduction B. kidnapping C. Acts of lasciviousness D. seduction 65. It is an act of private persons of entering the dwelling of another affected against the latter’s will. A. violation of domicile B. Trespass of dwelling C. threat D. grace coercion 66. It is an act of a public officer or employee who enters the dwelling of another effected against the latter’s will. A. violation of domicile C. Threat B. Trespass of dwelling D. Grave coercion 67. An acts or law regulating the activities and requiring the registration of foreign agents in the Philippines. A. Batas Panbansa Bilang 39, dated September 2, 1979 B. Batas Pambansa Bilang 22, dated April 3, 1979 C. RA No. 7080, dated July 12, 1991 D. RA No. 6713, dated February 20, 1989 68. An act establishing the code of conduct and ethical Standrads for Public and employees. A. RA No. 7080, dated July 12, 1991 B. RA No. 6713, dated February 20, 1989 C. PD No. 46, dated November 10, 1972 D. Batas Pambansa Bilang 22, dated April 27, 1992 69. An act to providing for a witness protection, security and benefit program and for other purpose. A. RA No. 6981, dated April 24, 1991 B. RA No. 7309, dated April 3, 1991 C. RA No. 7438 dated April 27, 1992 D. Batas Pambansa Bilang 22, dated April 27, 1992 70. After the criminal action has been commenced, the civil action cannot be instituted until. A. The offended party has put up a bond B. Final judgment has been rendered in the criminal action C. The offender dies D. The offender is in jailed 71. The civil liability for reparation of damages and indemnification for the harm done is. A. Purely statutory B. Purely civil C. Purely privilege D. Pure Criminal offense 72. Of the following enforceable civil damages against the accused one is not included. A. Subsidiary imprisonment B. Actual and moral C. Nominal and temperate D. exemplary 73. Before what authority where criminal action be instituted for offenses where a preliminary investigation is required pursuant to section 1 Rule 112. A. By filing the complaints or information directly with the Municipal Trial Courts and the Municipal Circuit Trial Court or the compliant with the office of the prosecutor. B. By filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation C. With the barangay chairman thru lupon D. To the respective court who has jurisdiction over the case. 74. The required number of days in which the investigating officer must finish the preliminary investigation from its inception. A. 5 days C. 30 days B. 15 days D. 60 days 75. It is defined as he taking of a person into custody in order that he may be bound to answer from the criminal commission of an offense. A. Search warrant B. Arrest C. Criminal prosecution D. Imprisonment 76. A warrant which describes the person to be arrested as mere “John Doe” or Richard Doe is void unless there is such a thing as will justify acting under it. A. Description personae B. Personal Identification C. Physical appearance D. By substitution of the person to be arrested 77. Has no authority to issue a warrant of arrest and is powerless to validate an illegal detention be merely filing information or by any other order of his own, either express or implied. A. Judges of MTC B. Fiscals C. Judges of MCTC D. Judges of RTC 78. The only instance when bail; is discretionary. A. Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment B. After convicti...
View Full Document

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture