LV QA CLJ FINAL MOCK BOARD EXAM BLEC 2020

One of the following is an alternative circumstance.

It means that the resulting injury is greater than that which is intended.

When Alden performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason or cause independent of her will. What stage in the commission of a crime is Alden liable?

A person who has within a period of  10 years from the date of release or last conviction is said to have been found guilty of the same offense particularly those of physical injuries, estafa, theft and robbery is considered as a:

Avoidance of greater evil or injury as one of the justifying circumstances is also known as …

__________________ is a miniature mallet like device usually made of wooden material used by the Judge in court proceedings.

When a person is caught possessing an unlicensed firearm, there must be “animus possidendi” on the part of the offender so that he may be convicted of the crime punished by PD 1866 as amended by RA 8294, the law on illegal possession of firearms. What is meant by animus possidendi?

A wanted to kill B. He thought of mixing poison in the drink of the latter. He went to the supermarket and bought a pack of rat killer with the intention to mix its contents to the drink/food of B. On his way home, with the rat killer on his hand he was apprehended by the NBI authorities. What crime did A commit?

A with intent to kill, fired his gun at B. He inflicted a mortal wound. A sudden twist of his conscience made A repentant when he saw B wounded and dying. So A himself brought B to the hospital. B survived as a result of medical intervention. What crime did A commit?

X uttered the following remarks to a certain family of lawyers, “Kayong mga Atty. Herrera mga magnanakaw, mga walanhiya mga bastos.” What crime was committed by X?

A detained prisoner is allowed to eat and drink in a nearby restaurant on several occasions. He is however well-guarded at all times. The warden allowed him to go out of his cell without any consideration whatsoever. The warden may be charged with-

X was arrested by Insp. Mills because the former parked his motor vehicle in a no parking area. What felony was committed by Insp. Mills?

H and W are husband and wife respectively they having been married before a judge about 1 year ago. H works as a security guard in midnight shift whereas W stays home nursing their children. One eventful night H suspicious of W having an affair with their “kumpare”, decided to go home early. true to his hunch, H merely witnessed W and kumpare in the act of kissing and caressing each other only. Thereafter he lost his senses and proceeded to hacked to death W and kumpare. What crime was committed by H if any?

Whenever a counsel de officio is appointed by court to defend the accused at the arraignment, he shall be given a _______ to consult with the accused as to his plea before proceeding with the arraignment.

These are facts and circumstances that would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the object sought to be seized is in the place sought to be searched.

X is accused of unjust vexation. Assume that X did not appear with a lawyer to assist him and X expressed his desire to defend himself personally without the assistance of counsel. Assume that after examination of X, the judge was convinced that X was of above average intellect and that he is a 4^th year law student and that he finished BS Criminology (Criminal Justice Education alumnus) at the Pamantasan NG Lungsod NG Muntinlupa. So the judge allowed X to enter his plea at the arraignment without the assistance of counsel. In the subsequent hearings the judge even allowed X to conduct the cross examination of the first witness for the prosecution. How do you call this practice of X?

A statement where the complainant states that he did not really intend to institute the case and that he is no longer interested in testifying or prosecuting the case.

A system of criminal procedure where the detection and prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law.

Police officers went to the house of Abu Sado in Brgy. Darasa, Tanauan City armed with a Search Warrant issued by the RTC-Br. 6 of Tanauan City for violation of the Dangerous Drugs Law (R.A. 9165)

Suppose that Abu Sado is not in the house during the service of the search warrant, should the search in his house proceed?

Situation – On September 8, 2020, at around 7:50 o’clock in the evening, Mr. Aku sado was arrested by elements of the X Municipal Police Station after a buy bust operation was conducted against him. Aside from the one transparent plastic sachet containing methamphetamine hydrochloride bought by the poseur buyer, PO1 Pasa, PO1 Banat was also able to confiscate from him three other plastic sachets and aluminum foil strips. As a consequence, Mr. Sado was arrested and was brought to the police station for further investigation and filing of the case.

Supposed that all the items confiscated from Mr. Aku Sado are admissible in evidence, what step should the police officers do to ensure the integrity of the contents of the plastic sachets?

How many years of absence is required for an absentee to be considered for all intents and purposes dead?

Admissions which may be inferred from the acts, declarations or omissions of a party.

Which of the following is the exemption to the hearsay rule made under the consciousness of an impending death?

Obligations imposed upon a party to establish their alleged fact by proof are termed as “burden of proof” what is its Latin translation?

In the above problem, what is the object evidence?

It is the means sanctioned by the rules of ascertaining in a judicial proceeding the truth respecting a matter of fact.

Jurisdiction of the Court over the person of an Accused is acquired when:

It is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.

What crime is committed by any person who shall wound, beat, or assault another, if in consequence of it, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he has habitually engaged for a period of more than ninety days?

What crime is committed by a public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent?

A rule of conduct, just, obligatory, enacted by legitimate authority for the common observance and benefit.

The offender has been previously punished for an offense to which the law attaches an equal or greater penalty or two or more crimes to which it attaches a lighter penalty.

Crimes that have three stages of execution.

It refers to the characteristic of criminal law that states that penal law cannot make an act punishable when it was not punishable at the time of its commission.

Whenever more than three armed malefactors shall have acted together in the commission of an offense it is deemed to have been committed by:

It refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress.

In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer within the reglementary period?

X, a police officer arrested Y because the latter’s face is very ugly, so ugly that not even Y’s own mother could stomach such an appearance. Among the following which do you think is the best defense of Y?

An adult man killing a child (not related to him) is liable for:

X committed suicide by jumping down from the 3^rd floor of a building. However an unfortunate balut vendor who was plying his trade became X’ shock absorber when X accidentally drop on top of him. X lived while the balut vendor died. What crime was committed by X?

X is a teller of Banco Filipino Español. He received a deposit of P5000 from a depositor, which he pocketed instead of crediting it to the account of the depositor. The transaction was evidenced by an official receipt. What crime was committed by X?

Requisite before recall of a witness.

X and Y are next door neighbors. X became irritated by the constant barking of Y’s dog so one night he shot the dog causing the dog to die. What crime was committed by X?

Assume that H surprised W and Kumpare having carnal knowledge (sexual intercourse), immediately thereafter he inflicted say, serious or less serious physical injuries upon W or kumpare or both of them, what crime was committed by X if any?

The arraignment of the accused may be suspended on any of the following grounds EXCEPT:

What system of criminal procedure is present when the prosecution of offenders is left to the initiative of the officers of the law? Violence, torture and secrecy are the distinguishing feature of this system.

X is accused of unjust vexation. Assume that X appeared in court with a counsel to assist him at the arraignment. How should X enter his plea?

It is the act of setting a witness face to face with the accused so that the latter may make any objection he has to the witness, and the witness may identify the accused, and this must take place in the presence of the court having jurisdiction to permit the privilege of cross examination.

A system of criminal procedure where the accusation is exercised by every citizen or by a member of the group to which the injured party belongs.

Police officers went to the house of Abu Sado in Brgy. Darasa, Tanauan City armed with a Search Warrant issued by the RTC-Br. 6 of Tanauan City for violation of the Dangerous Drugs Law (R.A. 9165) but abu Sado is not in the house. Suppose that the police officers decided to proceed with the implementation of the search even in the absence of Abu Sado but the lawful occupants of the house present are only the two minor children of Abu Sado, what should the police officers do?

A document which provides that the number of persons handling the evidence should be kept to a minimum and that each transfer should be receipted and recorded.

In the above question, how many years is required for an absentee to be considered dead for purposes of opening the succession?

It is an inference or conclusion drawn from facts observed either by an ordinary or an expert witness.

Factum probans means __.

Can a husband testify against the wife in an adultery case?

Situation – Ms. Des Gracia was found dead of stab wounds inside her house at around 9:00 o’clock in the morning on August 8, 2015. The Forensic team from the Philippine National Police gathered evidence on the scene of the crime and they found a kitchen knife covered in blood. They likewise found a pair of slippers with drops of blood on it believed to be owned by Mr. Sado.  A witness, Mat Tikas, stated to the police investigator that he saw Mr. Sado was together with Ms. Des Gracia when they arrived home the night before she was found dead. Police investigator on case charged Mr. Aku Sado with Murder on the basis of the autopsy/post mortem examination report of Dr. Sano; the affidavit of Mat Tikas and the arresting officers, PO1 Matapang and PO1 Tado.

In this case, who is the expert witness?

When is evidence considered admissible?

Jurisdiction of the Court over the subject matter is:

It is accusation in writing charging a person with an offense, subscribed by the fiscal and filed with the court.

What crime is committed by any person who shall inflict upon another physical injuries which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period?

Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him is liable for …

The Latin term POENA means:

An act or omission which is a result of a misapprehension of facts that is voluntary but not intentional.

Acts and omissions punishable by special penal laws.

What theory of criminal law states that the basis of criminal liability is human free will and the purpose of penalty is retribution?

A, B, C are boardmates of D. A, B and C conspire to kill X, a witch, because he is perceived to cause misery among many in the barangay. D knew about it all along. After the conspiracy but made no move to report to the authorities. In this case, D

The following are the phases in the cycle of violence against woman experiencing battered woman syndrome except

Character evidence is admissible __________.

In relation to the above question, for what crime would you charge X for arresting Y?

Which of the following words does not belong to the group?

A band of robbers tried to rob a bank. X a policeman responded in the crime scene. An exchange of gunfire ensued. After the shootout all the bank robbers are lying dead, including the bank manager. Upon investigation, it was found out that the bullet which killed the bank manager came from the gun used by X. In other words X was the one who hit the bank manager in the course of the shootout. X is:

X a jail guard while escorting a prisoner en route to the Regional Trial Court allowed the latter to answer the call of nature without taking precaution to prevent his escape as indeed the prisoner escaped through the windows of the comfort room. What is the liability of the jail guard?

Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact accruing before the death of such deceased person or before such person became of unsound mind.

X and Y are next door neighbors. X became irritated by the constant barking of Y’s dog so one night he shot the dog causing the dog to die. After killing the dog, X realized that he missed dinner that night and that he was so hungry so he took the dog’s carcass and cooked it and thereafter ate it. What crime was committed by X?

What is that sworn statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated?

When may the accused file a motion to quash the complaint or information?

In information must be filed in:

At the arraignment of X, the accused for the offense of murder, the clerk of court had read the information in a language known to X. Upon being asked about his official plea, X merely vowed his head (or let us say, makes a conditional plea) and said nothing. The judge this asked X regarding his official plea but X merely kept his silence (or say continues to make his conditional plea). What will be the implication of X’s silence (or conditional plea)?

He is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one for himself.

Who are the persons who may file a criminal complaint?

For Search Warrants issued for violation of the Comprehensive Dangerous Act, who are the witnesses required to be present aside from the house owner/occupant or his representative?

It is an exception to the Hearsay rule made under the consciousness of an impending death.

If a person is on board a missing aircraft or sea vessel, member of the armed forces who has taken part in armed hostilities or a person in danger under other circumstances, how many years of absence is required to consider him dead for purposes of remarriage?

Opinion which is given by a witness who is of ordinary capacity and who has by opportunity acquired a particular knowledge which is outside the limits of common observation and which may be of value in elucidating a matter under consideration.

It refers to family history or descent transmitted from one generation to another.

Logical necessity which resides upon a party at any particular time during the trial to create a prima facie case in his own favor or to overthrow one created against him.

Situation – Ms. Des Gracia was found dead of stab wounds inside her house at around 9:00 o’clock in the morning on August 8, 2015. The Forensic team from the Philippine National Police gathered evidence on the scene of the crime and they found a kitchen knife covered in blood. They likewise found a pair of slippers with drops of blood on it believed to be owned by Mr. Sado.  A witness, Mat Tikas, stated to the police investigator that he saw Mr. Sado was together with Ms. Des Gracia when they arrived home the night before she was found dead. Police investigator on case charged Mr. Aku Sado with Murder on the basis of the autopsy/post mortem examination report of Dr. Sano; the affidavit of Mat Tikas and the arresting officers, PO1 Matapang and PO1 Tado.

Who will be considered as the eye witness in this case?

It consist of writing or any material containing letters, words, figures, symbols or other modes of written expression offered as proof of their contents.

Jurisdiction of the Court to hear and decide cases is determined by:

It is committed by any person who, with intent to gain but without violence against or intimidation of person nor force upon things, shall take personal property of another without the latter’s consent.

What crime is committed by any person who has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period?

These are also referred to as private crimes or crimes which cannot be prosecuted de officio because of the requirement that the prosecution thereof be upon a sworn written complaint of the offended party or certain persons authorized by law.

These questions suggest to the witness the answers to which an examining party requires.

Ignorance of the law excuses no one from compliance therewith.

A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines.

Alden committed acts of lasciviousness to which the law attaches correctional penalties. What classification of felony is Alden liable for?

“Aberratio ictus” in which the perpetrator is criminally liable means

Below are afflictive penalties prescribed under the Revised Penal Code except…

Which of the following distinguishes a motion to quash from a demurrer to evidence?

What aggravating circumstance is present when a person commits a crime against the person employing means methods or forms in the execution thereof, which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make.

X was caught in the act of pouring gas in the house of another. He was about to strike the match in preparation to set the house on fire when he was stopped by alerted citizens. What crime was committed?

X saw his enemy Y lying on his bed. X saw an opportunity to kill Y so he lunged on the latter a series of hard stabbings. Unknown to X, Y already died of heart attack an hour ago. We all know that X committed an impossible crime of murder. There is no doubt about doubt that. However let us assume that X already knew that Y was already dead when he stabbed the already lifeless body of Y. In this case what crime was committed by X?

X (a man) forcibly grabbed Y (a woman) by the waist and dragged her to a place hidden from the public view about 20 meters from the place where the latter was standing. Due to Y’s constant screaming X became afraid and immediately run away leaving Y alone. What crime was committed by X?

How may, an ordinary citizen gives his opinion regarding the handwriting of a person?

X and Y are next door neighbors. X became irritated by the constant barking of Y’s dog so one night he shot the dog causing the dog to die. Supposing X realized after killing the dog that he could be held criminally liable for his act. So he decided to do away with the evidence of the crime. He hid the gun which he used to kill the dog inside the drawer of Z another next door neighbor so as to make it appear that the gun belonged to Z. What crime was committed by X with respect to this latest act?

What is that accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court?

Which of the following is NOT a ground for a motion to quash?

__________ is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of private individual or entity. It shall cover extralegal killings and enforced disappearances.

At the arraignment of X, the private offended party is also required by the court to attend thereat. What is the reason for requiring the private offended party to appear at the arraignment?

A doctrine which provides that Trial once commenced shall continue from day to day as far as practicable until terminated; but it may be postponed for a reasonable period of time for good cause.

They are officers directly charged with the preservation of peace, law and order and includes members of the Philippine National Police

Police officers went to the house of Abu Sado in Brgy. Darasa, Tanauan City armed with a Search Warrant issued by the RTC-Br. 6 of Tanauan City for violation of the Dangerous Drugs Law (R.A. 9165)

Suppose further that the Search Warrant was issued by the Executive Judge of RTC of Tagaytay City, is the Search Warrant valid?

A class of document notarized by a notary public or a competent public official with the solemnities required by law.

Branch of law which creates, defines and regulates rights and duties of parties.

Documents transmitted electronically and data messages belong to what category of evidence?

It is evidence of the same kind and to the same state of facts.

The probative value or credit given by the court to a particular evidence.

What are instances when circumstantial evidence may be appreciated?

Evidence or testimony not based on actual personal knowledge or observation of the facts in controversy but of other facts from which deductions are drawn showing indirectly the facts sought to be proved.

For the Court to acquire territorial jurisdiction over a case, it is necessary that:

Alakdan willfully damaged another’s property for the sake of causing damage due to hate, revenge, or other evil motive. He may be liable for …

Any private person who shall enter the place of another against the latter’s will shall be held liable for…

It takes place when the woman pretends to be pregnant when in fact she is not and on the day of the supposed delivery, takes the child of another as her own.

A method fixed by law for the apprehension and prosecution of persons alleged to have committed a crime, and or their punishment in case of conviction

An act which would be an offense against persons or property if it was not for the inherent impossibility of its accomplishment.

A legislative act which inflicts punishment without judicial trial.

What theory of criminal law believes that a man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his own volition?

A, with intent to kill, fired a revolver at B. He inflicted a fatal wound. A brought B to a hospital, and due to timely medical assistance, B survived. What crime did A commit?

It is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may therefore be put down to the doer as his very own.

Which among the following is not subject to mediation for judicial dispute resolution?

In determining whether the crime has reached the attempted or frustrated or consummated stage, what should be considered?

X got mad with his neighbor so he lit a rag soaked with gas and place it against the wall of his neighbor’s house. A small, very small portion, repeat, very small portion only of the house was burned. The fire that burned that portion could not have even hurt anyone. Luckily the fire was put out before it become a major one. What crime was committed?

X was convicted of Homicide today. Judgment became final in due course. Assume that about two months from today X this time is convicted of murder. How do you classify X?

What crime is committed by a man who would forcibly enter another person’s house without the knowledge of the owner but once inside, immediately and peacefully left the house the moment he was discovered by the owner of the house?

X was driving his car when he bumped run over a pedestrian crossing the street. The pedestrian died. What crime was committed by X?

X a taxi driver, saw a bag left by one of his passengers which when he opened contained valuables amounting to thousands of pesos.  Assume that he deliberately fail to restore the bag and its contents to the passenger would X be held liable and for what crime?

All criminal actions either commenced by a complaint or information shall be prosecuted under the direction and control of a:

The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years shall become permanent _______ after issuance of the order without the case having been revived.

All of the following are grounds for a motion to quash EXCEPT:

Let us assume that X did not appear at his scheduled arraignment despite being duly notified to do so. Upon inquiry by the judge, his counsel or representative if any, did not offer any justifiable explanation for X’s non appearance. What do you think will most likely happen?

It is a plea without information as to all the circumstances affecting it; based upon a mistaken assumption or misleading information or advice.

He represents the People of the Philippines, or the state, in the prosecution of offenses before the trial courts (Metropolitan, Municipal, Municipal Circuit and Regional trial courts)

Police officers went to the house of Abu Sado in Brgy. Darasa, Tanauan City armed with a Search Warrant issued by the RTC-Br. 6 of Tanauan City for violation of the Dangerous Drugs Law (R.A. 9165)

Suppose that the Search Warrant was issued for violation of R.A. 8294 as amended by R.A, 10591 or the Illegal Possession of Firearms and Ammunitions Act, is the search warrant valid?

What kind of documents are bank checks, warehouse receipts, deposit slips, bank statements and cash files?

Which of the following is the effect of a grant of a demurrer to evidence?

Situation – Mr. Poli Carpio is intending to file a Petition for Declaration of Nullity of his marriage with Mrs. Cory Pot-Carpio and he visited Atty. Bon Sai for the matter. Mr. Carpio told Atty. Sai that he intends to have his marriage annulled because he is now seeing another woman, Ms. Tina Pay. When Mrs. Carpio learned about her husband’s plan, she consulted Atty. Sai and asked her who the new woman of her husband is so she can file the case against them. Atty. Sai refused to divulge the information and Mrs. Carpio threatened that she will likewise file the case against the lawyer.

Can the communication between Atty. Sai and Mr. Poli Carpio be used as evidence against the latter?

It is that which, standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed.

Which among the following may disqualify a witness.

Evidence which when left alone by itself would suffice as proof of a particular fact until overcome by other ordinary means.

These are articles/items which are found in connection with the investigation which will aid the Investigator in establishing the identity of the perpetrator and the circumstances surrounding the commission of the crime. It assists the prosecution of the malefactor.

Supposed you are the police investigator assigned in a case. Witnesses testified that there were four (4) persons who committed the robbery. Unfortunately, only A and B, two of the suspects, were identified and arrested and the two others remain to be unidentified. What will be the caption of the case that you will file?

These are women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime shall be held liable for…

What is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and similar activities or otherwise subjecting him to physical or psychological suffering or injury?

The period of prescription of crimes punishable by death.

Something that happen outside the sway of our will, and although it comes about through some acts of our will, lies beyond the bounds of humanly foreseeable consequences.

What crime exists when a single act constitutes two or more grave or less grave felonies or when an offense is a necessary means for committing the other?

Which in the following enumeration is an example of an afflictive penalty?

What crime is committed when the offender, acting under a single criminal resolution, commits a series of acts in the same place at about the same penal provision?

The “branch” of government which has the power to make laws, and to alter and repeal them.

Contempt charges made before persons, entities, bodies and agencies exercising quasi-judicial functions against the parties charged, shall be filed with the Regional Trial Court of the place where the __________.

What crime is committed by one who acting under one criminal resolution, commits a series of acts in the same place and about the same time and all overt acts committed violated one and the same penal provisions?