LMT CLJ

Genetic information derived from DNA testing of a biological sample obtained from a person which biological sample is clearly identifiable as originating from that person?

DNA Profile

What term describes the crime wherein a person sends email with a claim to being part of a legitimate transaction to influence the recipient into divulging personal information?

Phishing scams

One type of robbery is robbery with force upon things and the other is robbery with:

Violence against person

RA 3019 also known as the “Anti-Graft and Corrupt Practices Act”. The government employee salary grade less than 27 shall be filed in ________.

Regional Trial Court

The following are considered grave felony EXCEPT.

Prision Correctional

Despite due diligence and without intention to commit a crime and without fault, the act of DWIGHT resulted to physical injuries against the person of RAMOS, what is the applicable modifying circumstance in the case?

Exempting

Exclusion of evidence simply means

That evidence obtained unlawfully shall be excluded by the court and not admitted.

KAI in the commission of the crime of murder against SOTTO, ensured that Erika cannot retaliate or cause harm against the former, what is the applicable modifying circumstance?

Aggravating

After the decision was rendered by the court disposing of the case, which of the following remedies allow the presentation of new evidence?

Motion for new trial

When fire is used with the intent to kill a particular person who may be in a house and that objective is attained by burning the house, the crime is:

Murder

If all pieces of evidence (exhibits) presented before the court by the prosecution are in dubious or cannot produce conviction, as counsel of the accused, what must do?

File demurrer to evidence

Gina directly acknowledged that there are 24 hours in a day.

Judicial Notice

What is the other term for Similar Acts as Evidence Rule?

Res Inter Alios Acta #2

Evidence having any value in reason as tending to prove any matter provable in an action?

Relevant evidence

The proof of fact or facts from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or provable consequence?

Circumstantial evidence

When a witness states he did not see or know the occurrence of a fact?

Negative evidence

A rule of evidence that excludes evidence obtained in violation of one’s constitutional rights or obtained through illegal means, such as those obtained by tortures and the like.

Exclusionary rule

Refers to a movement which seeks merely to affect some changes of minor importance to prevent the exercise of governmental authority with respect to particular matters or subjects.

Insurrection

Under the law, what agency that is empowered to order the change of venue or place of trial in order to prevent the miscarriage of justice?

Supreme court

Organized crime groups are usually successful on its illegal operations because most of the time they have deeper connections with?

Government officials

The following are elements of Attempted Stage in the commission of the crime, EXCEPT?

By reason of causes independent of the will of the perpetrator

Who among the following is a person in authority?

Barangay Captain

A, B and C are prison guards who escorted D in attending a court hearing in Manila City. Arriving too early in the courtroom A and B went to a nearby restaurant to have coffee. When D was being watched by C only. D and his cohorts succeeded in escaping. The said prison guards can be held liable for what crime?

Evasion through negligence

Dwight is a friend of Ramos. Dwight has heated argument with Ramos, while arguing he suddenly stabbed him to death. Afterwards, he burned the body of Ramos. What was the crime committed?

Arson and Murder

Kai burned the house of Dwight without knowing that he is inside and died as a result. Kai is liable for?

Arson

Eleazar father of Duterte sold the cellphone to Cardo knowing it is from the theft. Eleazar is liable for?

Accessory

A with intimidation pointed the knife to B to get the latter’s jewelry. Upon evading from the former by driving his motorcycle, accidentally bumped and hit his wife resulting to the death of the latter. What crime is committed by A?

Robbery with homicide

They are immune under GENERAL characteristics of our criminal law except?

Police and Military

Accident is a circumstance that affects criminal liability is a kind of ________.

Exempting Circumstances

Avoidance of greater evil or injury is a kind of ______.

Justifying circumstance

A police officer entered the house of another. There is a no express or implied signage. When can the police officer be liable for violation of domicile?

He will not be liable unless told to leave by the owner of the house but refused to do so

A police officer entered the house of another. There is a signage prohibiting anyone to enter without the permission of the owner. When can the police officer be liable for violation of domicile?

The police officer will be liable the very moment of his/her entry

Preliminary investigation is required in those criminal cases where the penalty provided by law for the offense charged is __________________________.

at least 4 years, 2 months and 1 day of imprisonment irrespective of the amount of fine

To constitute as a crime of Kidnapping and Serious Illegal Detention, one of the elements is that the offender must kidnap or detain the offended person for _____.

more than 3 days

The person is suspected of committing a crime which is punishable by imprisonment of at least 4 years, 2 months and 1 day. The person was not subject to warrantless arrest. How will you proceed with the case?

File a direct complaint with prosecutor’s office for preliminary investigation

What type of evidence that has a mass?

Physical

Carlo a private individual detains Rica a woman for 2 days without a lawful cause. What was the crime committed by Carlo?

Kidnapping or Illegal Detention

Uncle/Auntie killed his/her nephew, what crime is committed?

Not liable for infanticide

The remedy to a duplicitous information is to file a motion to quash:

before arraignment

After the prosecution rested its case, the accused filed a demurrer to evidence. Would double jeopardy be a valid defense if he is charged again with the same offense?

Yes, because the dismissal is tantamount to acquittal.

After the prosecution rests its case, the accused person may move for the dismissal of the case through:

Demurrer to evidence

What pillars of the Criminal Justice System where justice is started, and the other pillars do not function without it being started?

Law enforcement

The crime committed is punishable by imprisonment of 4 years, 2 months and less. The crime was committed in the province. Where the complaint should be filed in order to initiate the crime action?

May file the complaint directly with the Municipal Trial Court

The power to apply the laws to contest or disputes concerning legally recognized right or duties of and between the state and the private persons or between individual litigants in case properly brought before the judicial tribunals.

Judicial Power

It is an act which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment, or an account of the employment of inadequate or ineffectual means employed by the offender.

Impossible crime

In order to test the credibility and veracity of the testimony of an opposing witness, what right is given to a party, especially to the accused, in criminal cases?

Right to confront and cross-examine the witness against him

This is a misapprehension of fact on the part of the person causing injury to another. The actor, however, is not criminally liable.

Mistake of Fact

The constitutional limitation of bill of attainder in the enactment of criminal laws simply means that our criminal law shall ______.

Impose the penalty only after due hearing and trial

Situation: Alden was convicted for Homicide and was sentenced to suffer an imprisonment from 14 years and 1 day to 17 years. While serving his sentence he was allowed to escape from his cell.

If the offender is the custodian of the convicted prisoner what crime was committed?

Infidelity in the custody of prisoners

Situation: Alden was convicted for Homicide and was sentenced to suffer an imprisonment from 14 years and 1 day to 17 years. While serving his sentence he was allowed to escape from his cell.

What is the liability of the convicted prisoner serving his sentence?

Evasion of service of sentence

Situation: Alden was convicted for Homicide and was sentenced to suffer an imprisonment from 14 years and 1 day to 17 years. While serving his sentence he was allowed to escape from his cell.

But if the detention prisoner conspires with the one letting his escape, said detention is liable for _____

Delivering prisoner from jail

What is the liability of the jail warden if the evasion of a prisoner should take place through his negligence?

Evasion through negligence

When will the provisional dismissal punishable by not more than 6 years become permanent?

If one year after the issuance of the order of provisional dismissal lapsed without the case having been revived.

When will the provisional dismissal punishable by more than 6 years become permanent?

If TWO YEARS after the issuance of the order of provisional dismissal lapsed without the case having been revived.

Supposed that after conviction for the crime of murder and while being escorted for transport to the National Bilibid Prison, James escaped. After more than 20 years, Kokoy chanced upon James and arrested the latter so that he may serve his prison sentence for murder. Did the penalty for crime of murder prescribed?

No, he was not yet committed to the National Bilibid Prison

What is this PHASE in the commission of the crime where person did not stop the commission of the crime because of spontaneous desistance or because of the presence of the police until he performs all the acts of execution but does not produce the felony?

Objective

What is this justifying circumstance wherein the person assaulted is related to the accused by consanguinity within the fourth degree?

Defense of relative

In the exempting circumstance of compulsion of irresistible force, the irresistible force must be in the form of ______.

Physical force

Accused was charged for homicide. He interposes the justifying circumstance of self-defense. In case, the burden of proof.

shifts to the acussed

The following are the instances in which the testimony of the witness may be impeached. EXCEPT

evidence of the witness’ wrongful acts

Which of the following is not a public document?

Notarized last wills and testaments

Which of the following is a public document?

Public records, kept in the Philippines, of private documents required by law

The statement of the person stating the circumstances of the crime as charged but without acknowledging his guilt is _______.

Admission

The effect of failure to prove the guilt of the accused beyond reasonable doubt is

the acquittal of the accused

The Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Trial Court has jurisdiction over a case the penalty of which is imprisonment of

not exceeding 6 years

An act or declaration made in the presence and within the hearing or observation of a party, who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when possible, for him to do so, may be given in evidence against that party. This is known as _____________.

Admission by silence

The prosecution shall offer in evidence its documentary evidence ______.

After the presentation of testimonies of witnesses have been terminated

When should be informed of Miranda rights?

Immediately after he is arrested

The questioning initiated by law enforcement authorities after a person is taken into custody or otherwise deprived of freedom of action is ___________.

Custodial investigation

The accused was present during arraignment and he entered his plea. Despite notice and the issuance of warrant for his arrest, the accused remains absent. What should the court do in this kind of situation?

Proceed with the trial of the case in absentia of the accused

The accused in criminal proceedings has in his favor the rule that criminal law should be construed liberally in his favor because ______.

The accused is presumed innocent until proven guilty

For the attempted stage to exist, one of the requirements is that there must be an “overt act” Overt acts in attempted stage means

An outward manifestation that the person is about to commit crime

Right to appeal

Privilege

The accused may prove his good moral character which is

pertinent to the moral trait involved in the offense charged

Human rights cannot be just taken away from an individual such as freedom from torture

Inalienable

As a general rule, what does the constitution provide in so far as search and seizure is concern?

search should be conducted when there is a warrant

Which crime is considered as LESS GRAVE Felony?

The crime committed has a penalty of imprisonment ranging from 30 days and 1 day to 6 years

A killed his love one. His love one was suffering from incurable disease and without the possibility of resuscitation?

Murder

The new and independent act which is the immediate cause of the injury and which breaks the connection between the original wrong and the injury is referred to as the

efficient intervening cause

. A person asked you for advice on how to file a case of adultery against his wife? Which of the following are allowed by the RULES in order to initiate the filing a concubinage case?

The case of the adultery can only be initiated by the complaint of the offended spouse

Because the burden of proof rests with the prosecution, the duty to convict the person belongs to _________

The strength of the prosecution's evidence

In Art. 125 of RPC, what does it mean to deliver the detained person to the proper judicial authorities?

Filing of information in court of competent jurisdiction

Which of the following circumstances makes the evidence incompetent?

Evidence obtained through third degree method of investigation

Balmond and Layla are not married and they have a child Alpha. During a storm, Balmond killed Alpha. What crime is committed by Balmond?

Parricide

Step-father killed his 7 year old stepson.

Murder

Which of these courts will have jurisdiction over a Chinese crew who murdered a Filipino crew member on board a sea vessel registered under Canadian law while that vessel is anchored within Subic Bay?

Manila court because we follow the english rule

This criminal justice model is based on the idea that the most important function of the CJS is the protection of the public and the repression of criminal conduct

Crime control model

According to this criminal justice model, the rights of an individual must be co-equal with the concern for public safety.

Due process model

The organized crime groups maintain their power and profit through _____.

continuous association with criminal protectors

These are persons and organizations which grant power and the perception of legitimacy to organized crime groups.

Social supporters such as civic organizations, influential citizens etc.

What is the hallmark of organized crime essential to ensure compliance with rules of the organization in order to attain organization goals?

Corruption of public officials

A told B, “I will rape/kill you and your relatives if you will not accept me as your boyfriend”. Here, A committed ______________.

Grave threats

A took the car of B some 500 meters from where it was parked, then removed its tires and left the car. What crime was committed?

Carnapping

A servant was not paid his wage. The servant did not feed the dog of his master as an act of hate or revenge. The dog died of hunger. This is _______________.

Malicious mischief

A man forcibly touched the breasts of a woman inside a movie theatre while the lights are out. What crime was committed?

Acts of lasciviousness

A boy who was rejected by the girl as a suitor approached the girl inside the church and touched her breast. This is _____________.

Unjust vexation

Generally in criminal cases, the prosecution cannot initially attack the character of the accused. It is only when the defense introduced evidence of his good moral character that the state can present contrary evidence. This is done in what stage?

Rebuttal

The death certificate issued by a medico-legal officer is what kind of evidence in relation to the testimony of X who says that Y killed Z?

Corroborative evidence

The PHASE in the commission of the crime when the person is from the point of beginning or within the point where he can still decide to desist or continue the commission of the crime is the phase.

Subjective

This rule finds application if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, for then the evidence does not fulfill the test of moral certainty, and does not suffice to produce a conviction

Equipoise rule