Sample MCQ Bar Questions.docx

Sample MCQ Bar Questions

Sample MCQ bar exam questionsMultiple Choice Exam

This Sample Multiple Choice Questions (MCQ) for bar examinations will be updated from time to time.

Answers are provided after each bar subject.

POLITICAL LAW -- 15%

1.) What vote is required for Congress to submit to the electorate the question of calling a constitutional convention?

A. A vote of two-thirds of all its Members.B. A vote of two-thirds of a quorum.C. A majority vote of all its Members.D. A majority vote of a quorum.

2.) The Supreme Court will entertain a constitutional question only if it is determinative of the case itself because

A. it would prejudice the administration of justice.B. the separation of powers demands respect due the other departments.C. the Court would not have acquired jurisdiction over the case.D. there is no actual case or controversy that justifies such a review.

3.) Which is unconstitutional for being an invalid exercise of police power?

A. A law prohibiting the use of motor vehicles on certain days of the week.B. A law imposing rent control.C. A law prescribing minimum standards for the practice of the engineering profession.D. A law prohibiting the sale of cigarettes to young men and women ages 18 to 25.

4.) An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.

A. estateB. de jure partnershipC. implied trustD. corporation

Answers: 1.) C 2.) B 3.) D 4.) D

LABOR LAW -- 10%

Labor Standards1.) This is issued by DOLE authorizing a person or entity to operate a private employment agency.

a. Licenseb. Documentc. Authorityd. Charter party

2.) The following may engage in the recruitment and placement of workers, locally and overseas, except:

a. Public employment officesb. Private employment agenciesc. Shipping or manning agentsd. Local employment agencies

3.) Direct hiring of Filipino workers for overseas employment is not allowed. The following are not covered by this rule, except:

a. Members of the diplomatic corpsb. International organizationsc. Multinational Corporationsd. Name hirees

4.) The accused X and Y represented themselves to complainants A and B to have the capacity to send workers abroad, although they did not have any authority or license. It is by this representation that they induced complainants to pay a placement fee. X and Y may also be liable for

a. Illegal recruitment by economic sabotageb. Illegal recruitment in large scalec. Syndicated Illegal recruitmentd. Estafa

5.) The Labor Code applies to:

a. Employees in a government corporation incorporated under the Corporation Codeb. International Agenciesc. Employees of government corporations created by special or original charterd. Government employees

6.) Which of the following is the most essential element without which there is no employer-employee relationship.

a. Hiringb. Controlc. Firingd. Payment of wages

7.) Who has jurisdication over all money claims of overseas filipino workers arising from employer-employee relationship?

a. labor arbitersb. POEAc. regular courtsd. voluntary arbitrators

8.) A Filipino serviceman who is working in a US military installation in Pakistan is mandatorily required by law to remit to his family or dependents in the Philippines ____ of his foreign exchange earnings.

a. 70 per centb. 50 per centc. 80 per centd. none

9.) Illegal recruitment involving economic sabotage prescribes in:

a. 10 yearsb. 20 yearsc. 5 yearsd. imprescriptible

10.) Being the judge of the trial court, you found the accused Jonie guilty of simple illegal recruitment. The proper penalty you would impose would be

a. life imprisonmentb. prision correctionalc. prision mayord. destierro

11.) Statement A - A company that exercises its prerogative to dismiss is not allowed to turn around and deny employee-employer relationship.

Statement B - Alleging abandonment indicates employer-employee relationship.

a.) Both statements are trueb.) Both statements are falsec.) Only statement A is trued.) Only statement B is true

12.) Statement A - It is the employer’s duty to inform the probationary employee reasonable work standards.

Statement B -The employer may terminate the services of probationary employee without valid cause as long as such termination is done within the six month trial period.

a) Both statements are trueb) Both statements are falsec) Only statement A is trued) Only statement B is true

Answers: 1.) a 2.) d 3.) c 4.) d 5.) b 6.) b 7.) a 8.) d 9.) b 10.) c 11.) a 12.) c

1. The government-owned and –controlled corporations “with original charter” refer to corporations chartered by special law distinguished from corporations organized under our general incorporation statute, the Corporation Code. Thus, under the present state of the law, GOCCs with original charter are subject to what law?

A. Labor CodeB. Corporation CodeC. Civil Service LawD. Civil Service Rules

2. In the case of Euro-Linea Phils. Inc. vs. National Labor Relations Commission, it was held that in interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts what approach which favors the exercise of labor rights?

A. Labor’s WelfareB. Liberal’s ApproachC. Liberal Worker’s ApproachD. Laborer’s Approach

3. There are important principles for the entitlement to Maternity Leave under the SSS law. One of this is:

A. Full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application

B. Full payment shall be advanced by the employer within 15 days from the filing of the maternity leave applicationC. Maternity benefits shall be paid only for the first 2 deliveries of miscarriagesD. Maternity benefits shall be paid only for the first 5 deliveries of miscarriages

4. Under RA 9262 on Battered Woman Leave, it provides that an employee is entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws and company policies, provided the following requisites must be present, except for one invalid requisite:

A. Employee is a womanB. She is a victim of physical, sexual or psychological violenceC. She applies for the issuance of the protection orderD. She can claim administrative and court order to claim such leave

5. Under RA 8187 on Paternity Leave Act of 1996, paternity leave refers to the benefits granted to the following employees:

A. Both male and female employees in public sectors onlyB. Both male and female employees in private sectors onlyC. All married male employees in the public and privates sectorsD. All married male employees in the private sectors

6. Anti-Sexual Harassment Act is committed by any person having:

A. Authority or InfluenceB. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any lascivious favor which would result in a hostile or offensive environmentC. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands money which would result in a hostile or offensive environmentD. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any sexual favor which would result in a hostile or offensive environment

7. Anti-Child Abuse Act, or otherwise known as, “An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, providing Penalties for its Violation and for Other Purposes,” was strengthened by what Republic Act?

A. RA 7658B. RA 7758C. RA 7856D. RA 7652

8. In Article 151 of the Labor Code, it implied that since the relationship between the employer and the househelper is a fiduciary one, the Court cannot order the employer to re-hire the

househelper, even if the latter was unjustly dismissed. Is this valid?

A. No, the employer cannot re-hire the househelperB. No, the employer can indemnify the househelperC. Yes, the Court can order the employer to re-hire the househelperD. Yes, the Court cannot order the employer to re-hire the househelper, by operation of the law

9. All rights and benefits granted to workers under the Labor Code shall, except as may otherwise be provided in the Code, apply alike to all workers, whether:

A. Agricultural or commercial B. Agricultural or industrial C. Agricultural or non-agriculturalD. Non-industrial or non-commercial

10. Complaints for violation of labor standards and the terms and conditions of employment involving money claims of homeworkers exceeding PhP5,000 per homeworker shall be heard and decided by the:

A. Regional DirectorB. Labor Arbiter in the NLRCC. Secretary of Labor D. Homeworkers Union

11. In the case of People v. Panis, which defined “Recruitment and Placement” in Article 13 (b), the Court ruled that:

(a) That the number of persons is an essential ingredient of the act of recruitment and placement of workers.(b) That the number of persons is not an essential ingredient of the act of recruitment and placement of workers.(c) That the number of workers is essential to the employment.(d) That the number of workers are not essential to the employment.

12. To pursue its responsibility to promote employment opportunities, the DOLE carries out programs for local and overseas employment. However, effective allocation of manpower resources in local employment is assigned to the:

(a) National Labor Relations Commission (NLRC)(b) Philippine Overseas Employment Administration (POEA)(c) Bureau of Local Employment (BLE)(d) Department of Labor and Employment (DOLE)

13. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities. If the company/industry has one hundred (100) employees and exceeds to three hundred (300), what does the provision stipulates?

(a) The services of full-time physician, dentist and a full-time registered nurse as well as a dental clinic, and an infirmary or emergency hospital with one bed capacity.(b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic.(c) The services of a full-time registered nurse.(d) None of the above

14. Which of the following is NOT a policy of the State?

(a) To promote and maintain a state of full employment through improved manpower training, allocation and utilization.(b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and condition of employment.(c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest.(d) To ignore the movement of workers in conformity with the national interest.

15. Article 40 requires only non-resident aliens to secure employment permit. Resident aliens are not required. For immigrants and resident aliens what is required is an:

(a) Employer-Employee Contract(b) Alien Permit(c) Alien Employment Registration Certificate(d) Business Permit

16. Apprenticeship is the arrangement and the period when an upcoming worker undergoes hands-on training, more or less formal, to learn the ropes of a skilled job. This program aims to:

(a) help meet the demand of the economy for trained manpower.(b) establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies.(c) establish apprenticeship standards for the protection of apprentices.(d) All of the Above

17. When the death of a seaman resulted from a deliberate or willful act on his own life, and it is directly attributable to the seaman himself, such death is:

(a) not compensable(b) compensable(c) maybe compensable(d) valid18. Who are NOT covered by the 24-Hour Duty Doctrine?

(a) Soldiers(b) Doctors

(c) Policemen (d) Peace Officers

19. Rafael was dismissed from overseas employment without just, valid or authorized cause, can he claim full reimbursement of his placement fee? And can he obtain other benefits, if any?

(a) None, because of premature termination of contract.(b) Yes, he can claim full reimbursement of his placement fee without other benefits.(c) Yes, he can claim full reimbursement of his placement fee with interest at 12% per annum, plus his salary for the unexpired portion of his employment (d) None of the above

20.) Maria is a domestic helper of a Filipino business tycoon based in California, USA where she complains about money claims. The Labor Code, under the Migrant Workers’ Law, do the statute and regulations limit the coverage to non-Filipino or alien employers only?

(a) No, because nationality is immaterial(b) Yes, because aliens are the ones covered under the law(c) All of the above(d) None of the Above

CIVIL LAW -- 15%

1. The majority age begins at the age of

A. 21 B. 20C. 18D. 16

2. Who may solemnize marriage anywhere in the Philippines?

A. A Consul-generalB. A Court of Appeals justiceC. A ship captainD. A military commander

3.To be enforceable, when must a contract comply with the Statute of Frauds? When by its terms it is to be performed beyond

A. a year from its making.B. 5 years from its making.C. a year from its ratification.D. 5 years from its ratification.

4.) An uninterrupted possession for a statutory period of time without the need of just title and good faith are requisites for

A. laches.B. prescription of actions.C. ordinary acquisitive prescription.D. extraordinary acquisitive prescription.

5.) Sonny, a Filipino citizen, obtained in a divorce in Canada from his wife, Lulu, also a Filipino citizen. Is the divorce valid and binding?

A. It is not since Philippine law binds Filipinos abroad and it does not permit divorce.B. It is since Philippine law does not operate in Canada.C. It is not since Philippine law is recognized in Canada.D. It is since international law demands local recognition of foreign acts.

6.) In a case, a very old woman executed a will. A friend, a cousin, and a notary public came to witness the will. Due to old age she thumbmarked the will instead of signing it. The friend signed the pages on the right margin, thinking it looked better. The cousin did not see this because his eyes were on a painting that hanged on a nearby wall. Finally, the notary public notarized the will. The will is invalid because

A. the cousin looked away just as the friend was signing the will.B. the testator failed to subscribe the will.C. the friend signed at the right margin.D. of lack of sufficient witnesses.

Answers: 1.) C 2.) B 3.) A 4.) D 5.) A 6.) D

TAXATION -- 10%

1.) Fringe Benefit Tax is payable by theA. EmployeeB. DonorC. EmployerD. Beneficiary

2.) The following can claim for a tax credit, exceptA. CitizenB. Beneficiary of an estate or trustC. Member of a General Professional PartnershipD. Foreign corporation

3.) Optional Standard Deduction is applicable to all individuals exceptA. Resident AliensB. Non-resident aliens

C. Resident CitizensD. Non-resident Citizen

4.) A fringe benefit may be subject to fringe benefit tax if received byA. any employeeB. rank and file employeesC. managerial employeesD. Stockholders

5.) A laundry allowance of P300 per month is an example ofA. fringe benefitB. allowanceC. tax benefitD. de minimis benefit

6.) Which of the following forms part of the stages of taxation?A. payment and filingB. filing and collectionC. withholding and levyingD. assessment and payment7.) Any good, service or other benefit furnished or granted in cash or in kind by an employer to an individual employee refers toA. de minimis benefitB. company benefitC. fringe benefitD. annuity

8.) Fringe benefit tax is imposed on the fringe benefit'sA. fair market valueB. actual monetary value C. grossed-up monetary value D. assessed value

9.) The following fringe benefits are not taxable exceptA. fringe benefits which are authorized and exempted from tax under special lawsB. life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allowsC. benefits given to the rank and file employees, whether granted under a collective bargaining agreement or notD. de minimis benefits

10.) Deductions from gross income are not allowed to taxpayers earning compensation income arising from personal services rendered under an employer-employee relationship, exceptA. bad debtsB. ordinary and necessary trade, business or professional expenses

C. charitable and other contributionsD. premium payments on health and/or hospitalization insurance of an individual taxpayer

11.) X is a Brazilian citizen working as a host and model in a local television show here in the Philippines. X is therefore taxable as aA. non resident alien engaged in trade or businessB. resident alienC. foreign citizenD. resident citizen

12.) The following dividends are taxable exceptA. property dividendsB. liquidating dividendsC. cash dividendsD. stock dividends

13.) Under the tax code, the following are income taxpayers, except:

a. GOCCb. Estate and Trustc. Min wage income earnersd. non-resident foreign corp.

Answers: 1.) C 2.) D 3.) B 4.) C 5.) D 6.) D 7.) C 8.) C 9.) B 10.) D 11.) B 12.) B 13.) c

MERCANTILE LAW (COMMERCIAL LAW) -- 15%

1.) The bank deposit secrecy law bars all inquiries into a bank deposit. A deposit may, however, be looked into

A. after prior notice to the depositor.B. upon court order in annulment of marriage cases.C. in cases of impeachment.D. on motion in a bribery case.

2.) A draws a bill payable to B or order with X, as the drawee. The bill was successively endorsed to C, D, E and F, holder. X does not pay and F has duly protested non-payment. Y pays for the honor of C. Which of the following statement is wrong?

A. D is discharged.B. E is discharged.C. C is discharged.D. Y can ask reimbursement from A.

3.) When an endorser waives presentment and notice of dishonor, he increases his liability. His

endorsement is:

A. Facultative endorsementB. Qualified endorsementC. Alternative endorsementD. Restrictive endorsement

4.) Ariel issued a note to Brando. There was a total failure of consideration. Brando issued the note for consideration to Cecil who is a holder in due course. Cecil indorsed the note to David who knew of the failure of consideration. Can David successfully collect from Ariel?

A. No, because David knew the failure of consideration.B. No, although David acquired the rights of Cecil, a holder in due course and he was not a party to any illegality.C. Yes, because David acquired the note for consideration.D. No, because David is not a holder in due course.

5.) The SEC, after notice and hearing, may dissolve a corporation upon filing of a verified petition for the dissolution, on grounds provided by law. Which of the following statement is not correct?

a. In case of deadlock in the management of the affairs and business of a close corporation, the SEC, upon written petition by any stockholder, shall have the power to make such order as it deems appropriate, including an order dissolving the corporation.b. Any stockholder of a corporation may, by written petition to the SEC, compel the dissolution of the corporation whenever any acts of its directors, officers or those in control of the corporation is illegal, fraudulent or dishonest.c. The SEC can automatically issue a certificate of dissolution in case a corporation filed for its dissolution and there are creditors affected provided that majority of the board of directors or trustee consented to such action.d. The SEC, after notice and hearing, may dissolve a corporation in case there are violations of the provisions of the Corporation Code not specially penalized therein.

6.) Which of the following will cause the automatic dissolution of a corporation?

a. Commission by the corporation of an ultra vires actb. Continuous non-operation for a period of at least 5 yearsc. Refusal to comply with or defiance of any lawful order of the SEC restraining commission of acts which would amount to grave violation of its franchised. None of the above

7.) SUJU Corporation, through its Board of Directors and with the unanimous approval of the stockholders declared to grant stock dividends to its stockholders for the year 2008 amounting to 79 Billion Pesos. After examining the books and other records of the corporation, Sungmin Lee, Vice President for Finance, discovered that the authorized capital stock of the Corporation is almost depleted, that is – almost all were already issued and the remaining cannot accommodate

the needed stocks for stock dividend distribution. The Corporation though was liquid in cash and has retained earnings amounting to 365 Billion Pesos. How should the Board of Directors of SUJU Corporation best act on it?   a. Issue a Board Resolution deferring the distribution of dividends for the said year. b. Increase the authorized capital stock and amend the Articles of Incorporation of SUJU Corporation to cater to the needed stocks for stock dividend distribution.c. Divide the remaining unissued stocks pro rata to the stockholders as stock dividends.d. Recall its previous Resolution declaring stock dividends and in its stead, issue another Resolution declaring cash dividends for year 2008.

8.) FYI Corporation has increased its capital stock and new shares of stock are issued. The stockholders of FYI Corp wish to exercise their pre-emptive right regarding the shares to be issued. Which of the following shares does a pre-emptive right of stockholders extends?

a. to shares to be issued in compliance with laws requiring stock offerings or minimum stock ownership by the publicb. to shares to be issued in good faith with the approval of stockholders representing 2/3 of the outstanding capital stock in exchange for property needed for corporate purposesc. to shares to be issued in good faith with the approval of the stockholders representing 2/3 of the outstanding capital stock in payment of previously contracted debtd. treasury shares reacquired using the funds from the surplus profits of the corporation which could have been declared as dividends

9.) The following instances are considered as “indicators” that a foreign corporation is “transacting business” in the Philippines, even without securing a license, except

a. Soliciting orders, purchases and service contractsb. Subscribing shares of stock from a domestic corporationc. Engaging into continuous business acts or transactionsd. Participating in the management, supervision or control of any domestic business firm, entity or corporation in the Philippines

10.) Which among the following is not a necessary result or consequence when a foreign corporation secures a license and/or registers?

A. the foreign corporation can do regular business in the PhilippinesB. the foreign corporation can avail the aid of the Philippine courts and sueC. the foreign corporation may be sued in any regular court for any valid cause of action recognized under Philippine laws. D. the foreign corporation can intervene in any action, suit or proceeding in any court or administrative agency

11.)Assuming all the other requisites of negotiability are present, which of the following instruments is NOT payable to bearer?

a. "Pay to the order of Cash."b "Pay to the order of Jose Rizal, national hero."c. "Pay to Pedro Padernal, bearer."d. "Pay to Pedro Padernal or bearer."

12.) Unless the by-laws provide otherwise, written notice of regular meetings shall be sent to all stock holders of record:

a. at least one day prior to the meetingb. at least two days prior to the meetingc. at least one week prior to the meetingd. at least two weeks prior to the meeting

Answers: 1.) c 2.) c 3.) a 4.) c 5.) d 6.) d 7.) b 8.) d 9.) b 10.) b 11.) c 12.) d

CRIMINAL LAW -- 10%

1. Badong, with evident premeditation and treachery killed his father. What was the crime committed?

a. Murderb. Parricidec. Homicided. Qualified Homicide

2. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Totoy keep unlicensed firearms in his home. What was the crime committed by PO3 Bagsik?

a. Trespass to Dwellingb. Violation of Domicilec. Usurpation Of Authorityd. Forcible Trespassing

3. Berung and Betang had been married for more than six months. They live together with the children of Betang from her first husband. Berung had sexual relationship with Bea, the 14 year old daughter of Betang. Bea love Berung very much. What was the crime committed by Berung, if any?

a. Simple Seductionb. Qualified Seductionc. Consented Abductiond. Rape

4. Prof. Dabcat gave a failing grade to one of his students, Sixto. When the two met the following day, Sixto slapped Prof. Dabcat on the face. What was the crime committed by Sixto?

a. Corruption of Public Officialsb. Direct Assaultc. Slight Physical Injuriesd. Grave Coercion

5. A warrant of arrest was issued against Pekto for the killing of his parents. When PO2 Tapang tried to arrest him, Pekto gave him 1 million Pesos to set him free. PO2 Tapang refrained in arresting Pekto. What was the crime committed by PO2 Tapang?

a. Indirect Briberyb. Direct Briberyc. Corruption of Public Officialsd. Qualified Bribery

6. Exemption to the hearsay rule made under the consciousness of an impending death.

a. parol evidence b. ante mortem statementc. suicide note d. dead man statute

7. The meaning of factum probans.

a. preponderance of evidenceb. ultimate factc. evidentiary factd. sufficiency of evidence

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

a. inheritanceb. heritagec. pedigreed. culture

9. The authority of the court to take cognisance of the case in the first instance.

a. Appellate Jurisdictionb. General Jurisdictionc. Original Jurisdictiond. Exclusive Jurisdiction

10. A person designated by the court to assist destitute litigants.

a. Counsel de officiob. Attorney on recordc. Attorney at lawd. Special counsel

11. Which of the following is not covered by the Rules on Summary Procedure?

a. Violation of rental lawsb. Violation of traffic lawsc. The penalty is more than six months of imprisonmentd. The penalty does not exceed 6 months imprisonment

12. It refers to a territorial unit where the power of the court is to be exercised.

a. jurisdiction b. jurisprudencec. venue d. bench

13. The Anti-Bouncing Check Law.

a. RA 6425 b. RA 8353c. BP 22 d. RA 6975

14. The taking of another person’s personal property, with intent to gain, by means of force and intimidation.

a. qualified theft b. robberyc. theft d. malicious mischief

15. Felony committed when a person compels another by means of force, violence or intimidation to do something against his will, whether right or wrong.

a. grave threat b. grave coercionc. direct assault d. slander by deed

16. Persons having no apparent means of subsistence but has the physical ability to work and neglects to apply himself or herself to lawful calling.

a. pimps b. prostitutesc. gang members d. vagrants

17. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult.

a. tumultuous b. charivaric. sedition d. scandal

18. The unauthorized act of a public officer who compels another person to change his residence.

a. violation of domicile b. arbitrary detentionc. expulsion d. direct assault

19. The deprivation of a private person of the liberty of another person without legal grounds.

a. illegal detention b. arbitrary detentionc. forcible abduction d. forcible detention

20. An offense committed by a married woman through carnal knowledge with a man not her husband who knows her to be married, although the marriage be later declared void.

a. concubinage b. bigamyc. adultery d. immorality

21. Age of absolute irresponsibility in the commission of a crime.

a. 15-18 years old b. 18-70 years oldc. 9 years old and below d. between 9 & 15 years old

22. Those who, not being principals cooperate in the execution of the offense by previous or simultaneous acts.

a. accomplices b. suspectsc. principal actors d. accessories

23. The loss or 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 crimeb. prescription of prosecutionc. prescription of judgementd. prescription of penalty

24. A kind of executive clemency whereby the execution of penalty is suspended.

a. pardon b. commutationc. amnesty d. reprieve

25. Infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society.

a. mala prohibita b. mala in sec. private crimes d. public crimes

26. Felony committed by a public officer who agrees to commit an act in consideration of a gift and this act is connected with the discharge of his public duties.

a. qualified bribery b. direct bribery

c. estafa d. indirect bribery

27. The wilful and corrupt assertion of falsehood under oath of affirmation, administered by authority of law on a material matter.

a. libel b. falsificationc. perjury d. slander

28. Deliberate planning of act before execution.

a. treachery b. evident premeditationc. ignominy d. cruelty

29. Whenever more than 3 armed malefactors shall have acted together in the commission of a crime.

a. gang b. conspiracyc. band d. piracy

30. The failure to perform a positive duty which one is bound to.

a. negligence b. imprudencec. omission d. act

31. Ways and means are employed for the purpose of trapping and capturing the law breaker in the execution of his criminal plan.

a. misfeasance b. entrapmentc. inducement d. instigation

32. Those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.

a. impossible crimesb. aggravating circumstancesc. absolutory causesd. complex crimes

33. An alternative circumstance.

a. insanity b. intoxicationc. passion or obfuscation d. evident premeditation

34. If the accused refuse to plead, or make conditional plea of guilty, what shall be entered for him?

a. a plea of not guilty b. a plea of guiltyc. a plea of mercy d.plea of surrender

35. At what time may the accused move to quash the complaint or information?

a. at any time before his arrestb. only after entering his pleac. any time before entering his plead. Monday morning

36. The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition on the case subject to court approval.

a. arraignment b. plea bargainingc. preliminary investigation d. trial

37. The security given for the release of a person in custody, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by law.

a. subpoena b. recognizancec. bail d. warrant

38. The examination before a competent tribunal, according to the laws of the land, of the acts in issue in a case, for the purpose of determining such issue.

a. trial b. arraignmentb. pre-trial d. judgment

39. The adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused.

a. trial b. pre-trialc. arraignment d. judgment

40. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that an offense has been committed and the offender is probably guilty thereof and should be held for trial.

a. pre-trial b. arraignmentc. preliminary investigation d. plea bargaining

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

a. secondary evidence b. prima facie evidencec. corroborative evidence d. best evidence

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

a. secondary evidence b. prima facie evidencec. corroborative evidence d. best evidence

43. A form of evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.

a. documentary evidence b.testimonial evidencec. material evidence d. real evidence

44. When the witness states that he did not see or know the occurrence of a fact.

a. positive evidence b.corroborative evidencec. secondary evidence d. negative evidence

45. Personal property that can be subjects for search and seizure.

a. used or intended to be used as means in committing an offenseb. stolen or embezzled and other proceeds or fruits of the offensec. subject of the offensed. all of the above

46. All persons who can perceive and perceiving, can make known their perception to others.

a. suspects b. witnessesc. victims d. informers

47. The unlawful destruction, or the bringing forth prematurely, of human fetus before the natural time of birth which results in death.

a. abortion b. infanticidec. murder d. parricide

48. Felony committed when a person is killed or wounded during the confusion attendant to a quarrel among several persons not organized into groups and the parties responsible cannot be ascertained.

a. alarm and scandalb. mysterious homicidec. death under exceptional circumstancesd. tumultuous affray

49. A question which arises in a case the resolution of which is the logical antecedent of the issue

involved in said case and the cognisance of which pertains to another tribunal.

a. legal question b. juridical questionc. prejudicial question d. judicial question

50. 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.

a. reiteracion b. recidivismb. quasi-recidivism d. habitual delinquency

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

a. impossible crime b. mistake of factsc. accidental crime d. complex crime

52. Infanticide is committed by killing a child not more than….

a. 36 hours b. 24 hoursc. 48 hours d. 72 hours

53. Ignorance of the law excuses no one from compliance therewith.

a. ignorantia legis non excusat b. parens patriaec. res ipsa loquitur d. dura lex sed lex

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

a. compound crime b. impossible crimec. complex crime d. accidental crime

55. The law which reimposed the death penalty.

a. RA 5425 b. RA 8553c. RA 7659 d. RA 8551

56. One who is deprived completely of reason or discernment and freedom of the will at the time of the commission of the crime.

a. discernment b. insanityc. epilepsy d. imbecility

57. The quality by which an act may be subscribed to a person as its owner or author.

a. responsibility b. dutyc. guilt d. imputability

58. 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.

a. fortuitous event b. fatec. accident d. destiny

59. A sworn written 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.

a. subpoena b. informationc. complaint d. writ

60. This right of the accused is founded on the principle of justice and is intended not to protect the guilty but to prevent as far as human agencies can, the conviction of an innocent person.

a. right to due process of lawb. presumption of innocencec. right to remain silentd. right against self-incrimination

61. Known in other countries as the body of principles, practices, usages and rules of action which are not recognized in our country.

a. penal laws b. special lawsc. common laws d. statutory laws

62. Circumstances wherein there is an absence in the agent of the crime any of all the conditions that would make an act voluntary and hence, though there is no criminal liability there is civil liability.

a. exempting b. alternativec. justifying d. aggravating

63. Circumstances wherein the acts of the person are in accordance with the law, and hence, he incurs no criminal and civil liability.

a. exempting b. alternativec. justifying d. aggravating

64. When the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act.

a. ignominy b. cruelty

c. treachery d. masochism

65. One, who at the time of his trial for one crime shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.

a. recidivism b. habitual delinquencyc. reiteracion d. quasi-recidivism

66. Alevosia means

a. craft b. treacheryc. evident premeditation d. cruelty

67. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.

a. ex post facto lawb. equal protection of the lawc. rule of lawd. due process of law

68. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener.

a. recidivist b. quasi-recidivistc. habitual delinquent d. hardened criminal

69. A kind of evidence which cannot be rebutted or overcome.

a. Primary b. Bestc. Secondary d. Conclusive

70. A kind of evidence which cannot be rebutted or overcome.

a. Primary b. Bestc. Secondary d. Conclusive

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

a. leading b. misleadingc. stupid d. hearsay

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

a. Criminal Law b. Criminal Evidencec. Criminal Procedure d. Criminal Jurisprudence

73. The period of prescription of crimes punishable by death.

a. 20 years b. 15 yearsc. 10 years d. 40 years

74. Persons who take direct part in the execution of a crime.

a. accomplices b. accessoriesc. instigators d. principals

75. A crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person.

a. libelb. slander by deedc. incriminating innocent persond. intriguing against honor

76. The improper performance of some act which might lawfully be done.

a. misfeasance b. malfeasancec. nonfeasance d. dereliction

77. A sworn statement in writing, made upon oath before an authorized magistrate or officer.

a. subpoena b. writc. warrant d. affidavit

78. Any other name which a person publicly applies to himself without authority of law.

a. alias b. common namec. fictitious name d. screen name

79. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving

the same.

a. quasi-recidivism b. recidivismc. reiteracion d. charivari

80. Which of the following is not a person in authority.

a. Municipal mayor b. Private School Teacherc. Police Officer d. Municipal Councilor

81. In its general sense, it is the raising of commotions or disturbances in the State.

a. Sedition b. Rebellionc. Treason d. Coup d’etat

82. The length of validity of a search warrant from its date.

a. 30 days b. 15 daysc. 10 days d. 60 days

83. The detention of a person without legal grounds by a public officer or employee.

a. illegal detention b. arbitrary detentionc. compulsory detention d. unauthorized detention

84. A breach of allegiance to a government, committed by a person who owes allegiance to it.

a. treason b. espionagec. rebellion d. coup d’etat

85. A building or structure, exclusively used for rest and comfort.a. sanctuary b. prisonc. jail

d. dwelling

86. The mental capacity to understand the difference between right and wrong.a. treachery b. premeditationc. recidivism d. discernment

87. Conspiracy to commit this felony is punishable under the law.a. Estafa b. Murderc. Rebellion d. Rape

88. It means that the resulting injury is greater than that which is intended.a. Aberratio ictus b. Error in personaec. Dura Lex Sed lex d. Praeter Intentionem

89. It means mistake in the blow.a. Aberratio Ictus b. Error in Personaec. Dura lex sed lex d. Praeter Intentionem

90. A stage of execution when all the elements necessary for its execution and accomplishment are present.a. Attempted b. Frustratedc. Consummated d. Accomplished

91. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional.a. Absolutory Cause b. Mistake of factsc. Conspiracy d. Felony

92. Crimes that have three stages of execution.a. Materialb. Formalc. Seasonal d. Continuing

93. Felonies where the acts or omissions of the offender are malicious.a. Culpable b. Intentionalc. Deliberate d. Inculpable

94. It indicates deficiency of perception.a. Negligence b. Diligencec. Imprudence d. Inference

95. Acts and omissions punishable by special penal laws.a. Offenses b. Misdemeanoursc. Felonies d. Ordinances

96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the Philippines.a. General b. Territorialc. Prospective d. Retroactive

97. A legislative act which inflicts punishment without judicial trial.a. Bill of Attainder b. Bill of Rightsc. Ex Post Facto Lawd. Penal Law

98. The taking of a person into custody in order that he may bound to answer for the commission of an offense.a. Search b. Seizurec. Arrest d. Detention

99. Pedro stole the cow of Juan. What was the crime committed?a. Robbery b. Farm Theftc. Qualified Theft d.Simple Theft

100. Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or intimidation. What was the crime committed?

a. Child rape b. Qualified Rapec. Statutory Rape d. None

101.) The Revised Penal Code may be enforced outside the jurisdiction of the Philippines when

A. one commits an offense on any ship or airship.B. one introduces into the Philippines any counterfeit coin.C. a public officer enters into a bigamous marriage.D. one commits a crime against national security.

102.) A warrantless search is valid when the search is made by

A. a customs officers at the home of a known smuggler.B. anti-drug enforcers.C. policemen at a COMELEC checkpoint.D. NBI agents looking for a bomb at a mall.

103.) A justifying circumstance is exemplified by

A. a retreat from aggression.B. a pre-emptive blow.C. a counter blow.D. a good intention.

104.) A person walks into a police station and declares that he has committed a crime before the police could take him into custody. May his declaration be admitted against him?

A. No since he has not been forewarned of his rights to silence and to counsel.B. Yes since he made his declaration before he could be taken into custody and investigated.C. No since he has entered the police station and came within its jurisdiction.D. Yes since he freely gave his declaration to the police.

105.) Rape is sexual intercourse with the use of

A. deceitB. moral ascendanceC. intrigueD. force or intimidation.

106.) The act of the police in placing the accused in a police line-up without his prior consent

A. violates his right against self-incrimination.B. violates his right to counsel.C. constitutes a valid police investigation procedure.

D. is valid conditioned on his being identified at the trial.

107.) A warrantless search is valid when it is made

A. by customs officers at the home of a known smuggler.B. by anti-drug enforcers.C. by policemen at a COMELEC checkpoint for illegal firearms.D. by the NBI for a bomb at the mall.

108.) A qualifying circumstance cannot be presumed, but must be established by

A. proof beyond reasonable doubtB. clear and convincing evidenceC. substantial evidenceD. preponderance of evidence

ANSWERS:1. B 26. B 51. B 76. A

2. B 27. C 52. D 77. D

3. B 28. B 53. A 78. A

4. B 29. C 54. B 79. A

5. D 30. C 55. C 80. C

6. D 31. B 56. D 81. A

7. C 32. C 57. D 82. C

8. C 33. B 58. C 83. B

9. C 34. A 59. C 84. A

10. A 35. C 60. B 85. D

11. C 36. B 61. C 86. D

12. C 37. C 62. A 87. C

13. C 38. A 63. C 88. D

14. B 39. D 64. B 89. A

15. B 40. C 65. A 90. C

16. D 41. C 66. B 91. B

17. B 42. B 67. D 92. A

18. C 43. A 68. C 93. A

19. A 44. D 69. D 94. A

20. C 45. D 70. D 95. A

21. C 46. B 71. A 96. A

22. A 47. A 72. C 97. A

23. D 48. D 73. A 98. C

24. D 49. C 74. D 99. C

25. A 50. A 75. B 100. C  101. ) D 102.) C 103.) C 104.) B 105.) D 106.) C 107.) C 108.) B

REMEDIAL LAW -- 20%

1. The jurisdiction of courts are determined by

A. Congress. B. The Supreme Court. C. The Judicial and Bar Council.D. The Court Administrator.

2.) Which of the following constitutes antecedent collateral evidence of a bank robbery that several accused committed?

A. The act of the lookout during the robbery.B. The kinship among them.C. The amount missing from the bank’s vaultD. The fingerprints on the teller’s counter.

3.) Real or object evidence is authenticated by showing

A. who owns it.B. that it is what it is claimed to be.C. how the evidence got to court.D. similar or like objects.

4.) A couple named their son Mario Lopez. But a confused clerk at the hospital registered his

name as Maria Lopez and his gender as female. The city civil registrar has authority to

A. correct his name and gender.B. correct his name but not his gender.C. correct his gender but not his name.D. indorse the case to court.

5.) A decision states that the defendant is entitled to moral damages but its dispositive portion did not carry an award of moral damages. The writ of execution, however, orders the defendant to pay moral damages of P5,000. Must he comply?

A. Yes since the body of the decision contains the justification for it.B. No since it is the dispositive portion of the decision that controls.C. Yes since the writ of execution affirms it.D. No since the plaintiff needed to pay docket fee on the P5,000.

6.) A criminal action must be filed in the place where

A. the offense took place.B. the accused was apprehended and detained.C. the offended party resides.D. the preliminary investigation took place.

7.) The police nabbed two robbery suspects whom they convinced during the investigation to go with them to the scene of the crime to reenact how they committed it. Is the reenactment admissible in evidence?

A. No since it amounts to waiver of right to silence without the advice of counsel.B. Yes since the reenactment was voluntary.C. No since it is irrelevant evidence.D. Yes since the reenactment was unaccompanied by any statement from the suspects.

8.) To prove that Susan stabbed her husband Sergio, Pete testified that he heard Rico running down the street, shouting excitedly, “Sinaksak daw ni Susan ang asawa niya!” Rico’s declaration is

A. admissible as part of res gestae.B. inadmissible as hearsay.C. admissible as independently relevant statement.D. inadmissible as a mere opinion.

9.) The law that will determine jurisdiction over a particular case is the law in force at the time

A. the cause of action accrued.B. the action is filed.C. the issues in the action are joined.

D. the defendant receives the complaint.

10.) The right to be presumed innocent is NOT violated by a law that establishes a presumption of guilt based on a certain fact proved provided that

A.the accused has a chance to overcome it.B. the nature of the crime permits it.C. what is proved and presumed are reasonably connected.D. the law is not retroactive.

11.) Choose which of the following is correct:

a. Documentary evidence is that which is directly addressed to the senses of the court and consists of tangible thingsb. Documentary evidence is offered when a document is presented to prove its existence or conditionc. Where the purpose is to prove a collateral fact that took place while a document was being prepared, rule on documentary evidence shall applyd. Documentary evidence applies only when the contents of such document is the subject of inquiry

Answers: 1. A 2. B 3. B 4. B 5. B 6. A 7. A 8. B 9. B 10. C 11.) d

LEGAL ETHICS/FORMS -- 5%   1.) The practice of law is a right in the sense that a lawyer cannot be prevented from practicing law except for valid reasons.

2.) The practice of law is a privilege because it is limited to persons of good moral character with special qualifications duly ascertained and certified.

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