October 2015 Board Exam Questions
October 2015 Board Exam Questions
CRIMINAL JURISPRUDENCE
1. Yaya Dub is 13 years old. She consented to go with Alden after the progging of the latter. Alden succeeded to
have yaya Dub. What crime is committed?
A.
B.
C. Forcible Abduction
D. Consented Abduction
2. Alden without consent of yaya Dub inserted a sex toy at her anal. What crime is he liable
A. Rape
B. Sexual Assault
C. Act of Lasciviousness
D. Sexual abuse
5. Evidence that has greater value than that presented by the other party
A. Prima Facie Evidence
B. Probable cause
C. Conclusive Evidence
D. Preponderance of evidence
6. Vessel is ___
A. Anything used to transport people, things ets. From a place to another.
B. Medium of Transportation
Penal laws in the Philippines is construed in favour of the? -Strict construction against the State and liberally
in favor of the accused
7. What is Pro Reo Doctrine ?– Whenever a penal law is to be construed or applied and the law admits of two
interpretations - one lenient to the offender and one strict to the offender, that interpretation which is lenient or
favorable to the offender will be adopted.
Basis: The fundamental rule that all doubts shall be construed in favor of the accused and presumption of innocence
of the accused.
8. What is Equipoise Rule? – When the evidence of the prosecution and the defense are equally balanced, the
scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence.
9. What is an ABSOLUTORY CAUSE?- Absolutory Causes – those where the act committed
is a crime but for reasons of public policy and sentiment there is no penalty imposed.
# 65. A battered woman claiming self-defense under the Anti-Violence against Women and Children must prove
that the final acute battering episode was preceded by
(A) 3 battering episodes.
(B) 4 battering episodes.
(C) 5 battering episodes.
(D) 2 battering episodes.
# 35.The husband has for a long time physically and mentally tortured his wife. After one episode of beating, the
wife took the husband’s gun and shot him dead. Under the circumstances, her act constitutes
(A) mitigating vindication of grave offense.
(B) battered woman syndrome, a complete self-defense.
(C) incomplete self-defense.
(D) mitigating passion and obfuscation.
Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is hereby amended to read as
follows:
"Section Three. - Piracy and mutiny on the high seas or in the Philippine waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of
reclusion perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters, shall attack or
seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the
cargo of said vessel, its equipment or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters."
Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be imposed upon those who
commit any of the crimes referred to in the preceding article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves or;
13. Afflictive-36hours
14. Correctional -18 hours
15. Light- 12 hours
“ART. 125. Delay in the delivery of detained persons to the proper judicial authorities. - 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:
Art. 124. Arbitrary detention. — Any public officer or employee who WITHOUT LEGAL GROUNDS, detains
a person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the
detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more
than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six
months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the
patient in a hospital, shall be considered legal grounds for the detention of any person.
1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers and consuls; petitions for
certiorari, prohibition, mandamus, quo warranto and habeas corpus (concurrent with RTC).
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of lower courts in:
Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, decree,
proclamation, order, instruction, ordinance or regulation is in question;
JURISDICTION OF THE COURT OF APPEALS
1. ORIGINAL jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto,
and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction (concurrent with SC and RTCs)
3. EXCLUSIVE appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of RTCs
and quasi-judicial agencies, bodies, or commissions,
EXCEPT those which fall within the appellate jurisdiction of the SC, namely:
a. COMELEC;
b. Commission on Audit;
c. Sandiganbayan.
I. EXCLUSIVE ORIGINAL
CRIMINAL CASES
All criminal cases not within the exclusive jurisdiction of any court, tribunal, or body EXCEPT those within the
jurisdiction of the Sandiganbayan.
N.B. RTC has jurisdiction over criminal cases where the penalty imposable:
Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:
Criminal cases where:
JURISDICTION OF THE MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL COURTS AND THE
MUNICIPAL CIRCUIT TRIAL COURTS
CRIMINAL CASES
* All offenses punishable with not more than 4 years 2 mos 1 day imprisonment, irrespective of fine.
Summary Procedure
A. CIVIL CASES
All cases of forcible entry and unlawful detainer irrespective of amount of damages or unpaid rentals; without
question of ownership; attorney’s fees not exceeding P20,000 if quieting of ownership; resolved to determine
question of possession.
Other civil cases EXCEPT probate proceedings, where the total amount of the claim does not exceed
P10,000, exclusive of interest and cost.
B. CRIMINAL CASES
1. *Violation of traffic laws, rules, regulations
4. *All other criminal cases where the penalty does not exceed 6 months or a fine of P1000 or both,
irrespective of other imposable penalties or of the amount of civil liability
5. *Damage to property through criminal negligence where the fine does not exceed P10,000.
A. ORIGINAL
R.A. 1379 (“An Act Declaring Forfeiture in Favor of the State of Any Property Found to Have Been Unlawfully
Acquired By Any Public Officer or Employee and Providing for the Proceedings Therefor”); or
If the last element, namely, “in relation to his office” is absent or is not alleged in the information, the crime
committed falls within the exclusive original jurisdiction of ordinary courts and not the SB.
C. NOTES:
* Private individuals charged as co-principals, accomplices or accessories with the public officers or
employees, including those employed in GOCCs, shall be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive jurisdiction over them.
a. Appealable to the SC by petition for review on certiorari raising pure questions of law in accordance with Rule
45 of the Rules of Court;
19. Application on Principal, Accomplice, Accessory
1. Principals
A. Principal by Direct Participation-Personally committed the crime
B. Principal by Indispensable Cooperation-
C. Principal by Inducement- induce or force someone to commit a crime by threat, intimidation, giving
money, favors, promise etc.
2. Accomplice-
Serving as a “get-away” driver
Being a “lookout” for cops and witnesses while the crime is being committed
Lending money, weapons, or other objects for use in the commission of the crime
Encouraging the principal to complete the crime
3. Accessory
1. By profiting themselves or assisting the offender to profit by the effects of the crime
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime,
As to the liability of the participants in the grave, less grave or light felony:
(1) When the felony is grave, or less grave, all participants are criminally liable.
(2) But when the felony is only light, only the principal and the accomplice are liable. The accessory is not.
1. Under the documents and information security guidelines. Who is authorized to classify top secret matter?-
Secretary of DND
2. The age waiver requirement for entry into the PNP is – Minimum is 20 maximum is 35 YEARS OLD.
3. Sequence of waiver program-AHWE
4. A method of separation from service after completing the required number of years.- Retirement
5. The rank of PO1 to SPO4 belongs to—Non-commission officers
6. A type of patrol the is best use because of its stealth- Bicycle
7. Casing- It is the visual inspection of an area, installation or building to determine its suitability for operational
activities
8. Surveillance- The observation of a person, place or thing, generally—but not necessarily—in an unobtrusive
manner.
9. A type of intelligence that is long range in nature- Strategic
10. This accepts rewards in giving information to the police-Informer
11. Unity of command-Situational-one superior, one is giving command (3x)
12. Top Secret- Highest form if Information
-Information and materials the unauthorized disclosure of which would cause exceptionally grave damage to the
nation, politically, economically, or from a security aspect. This category is reserved for the nation’s closest
secrets and is to be used with great reserve. It is covered with legal size bond paper lined with ½ inch green
border.
13. INTERPOL stands for what- International Criminal Police Organization
14. Hierarchy is also called- SCALAR PRINCIPLE OR CHAIN OF COMMAND
- represents the formal relationship among superiors and subordinates in any given organization
- serves as the framework for the flow of authority downward, and obedience upward, through the
department
15. PLACEMENT- Meaning- The process of assigning police officers to specific area of assignment.
-is the process of making police officers adjusted and knowledgeable in a new job and or
working environment.
16. The largest organic functional unit within a large department; comprises of several divisions -BUREAU
17. Canine unit is what kind of barrier: PHYSICAL
35. DOG PATROL- –application-situational- Provide great assistance in search and rescue as well as in smelling
out drugs and bombs. Extensively used in international airports to detect narcotics and bombs because of their
keen sense of smell. A dog is capable of recognizing an odor 10 million times better than a human can.
36. What agency has direct control and supervision over the PNP: NAPOLCOM
37. Who has control of the national public safety commission in Japan- The Minister of State is positioned as the
Chairman of the NPSC.
Flow of Authority
A. Prime Minister
B. National Public Safety Commission
1. Minister of State as Chairman and five additional members
C. National Police Agency
1. Headed by Commissioner General
38. Mr. A is on undercover, he able to get inside the criminal group and went out but wanted to go back again-
Infiltration
39. Scalar Principle- a.k.a – Chain of Command- Shows the flow of authority on a hierarchy of org.
40. Hazard: Anything that pose danger to life and property
41. 14k in Hongkong, Bamboo gang in: TAIWAN
42. Mercenary
43. What is the minimum age requirement for security Guard- 18 years old
44. PNPA graduate appointed in the PNP has an initial rank of: Police Inspector
45. Patrol is the Heart, Nervous system is to ___________?- Operation
46. The Chief of Police in a Municipality/City is appointed by- Mayor
47. How is patrol function classified?- Line function
48. Largest international Police organization with 188 members.- INTERPOL
49. Age of compulsory Retirement in the PNP is: 56
50. The IAS is headed by: INSPECTOR GENERAL
51. Where to appeal Judgement of IAS: NAB
Decision of Mayor
52. The rank of Inspector General is the highest police rank in what country? Malaysia
53. The earliest form of policing system: Barangay/Balangay
54. Old Concept of police – Police officer under assault. :Fight back
55. Modern Concept of police – Police officer under assault.: Avoid the assault
56. Napolcom in the Philippines, National Public Safety Commission in JAPAN
57. Thailand: Ministry of Interior- The cabinet level in the Government of Thailand in charge of supervising their
police force.
58. KOBAN – In Japan, it is referred to as police boxes & the equivalent of our PNP’s Police Community Precincts.
59. It is a natural or man-made structure or physical device that is capable of restricting, deterring, or delaying illegal
access to an installation-: BARIER
60. INTELLIGENCE-It is the product resulting from the collection, evaluation, analysis, integration, and interpretation
of all available information which concerns on or more aspects of criminal activity, and which is immediately and
potentially significant to police planning.
61. Plans that are long range in nature: STRATEGIC PLAN
62. An area of security which is the sum total of procedures followed, inquiries conducted and criteria applied to
determine the work suitable of a particular applicant or retention or transfer of a particular employee:
PERSONNEL SECURITY
63. What type of plan is prepared for the purpose of patrol? OPERATIONAL PLAN
64. What do you call of the pre-disaster plan to the police? examples are: planning for major accidents; calamities or
disasters; special events; hostage-taking situations, etc : TACTICAL PLAN
66. Long range plan covers a period of more or less (beyond 10 years)
68. It provides means and ways by which all personnel and employees are trained to make them security conscious:
SECURITY EDUCATION
69. The NAPOLCOM, PNP Chief and Regional Directors have summary dismissal powers
70. NATIONAL APPELLATE BOARD - decisions rendered by the PNP Chief and the National IAS
71. REGIONAL APPELLATE BOARD- decisions rendered by the Regional Director, Provincial Director, Chief of
Police, Mayor and PLEB
CRIMINALISTICS
1. The most skilful type of forgery- Simulated
2. The highest point of the light- Crests
3. If the window of the camera is the diaphragm, how about the door of the camera—Shutter
4. The inability of the light to focus on both vertical and horizontal plane/line is what type of lens defect—
Astigmatism
5. The last part of the chemical processing of film development is—Washing/Drying
6. Thicker at the center, thinner at the sides- Convex lens
7. D50 what is this—DSLR CAMERA
8. The act of deceiving or misleading-Deception
9. In question document, the writer can both write in left and right hand is called- Ambidextrous
10. Records the blood pressure- Cardiosphymograph
11. The study of pores- Poroscopy
12. Taking of print without rolling the hands of the subject-Plain Impression
13. Near to the divergence of the typeline- Delta
14. The ridge count of the first loop- Key Classification
15. Pen emphasis- pen pressure on writing
16. When the bullet leaves the muzzle of the gun- External Ballistics
17. The study of writings- Graphology
18. When the bullet hits the target in group- Terminal Accuracy
19. Cartridge-meaning- Cartridge Case – A tubular metallic container for the gunpowder sometimes called shell.
20. Ammunition-meaning- Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge
case and primer or loaded shell for use in any firearm.
21. Abrassion
22. Asphyxia-situational
23. Virgo-Intacta
24. In major classification, what are the fingers involved:Right hand and left fingers
25. There are how many standard finger print patterns are there: 8
26. Pistol came from latin term Pistoia which means: Pistol
27. Paper came from greek word: Papyrus
28. Below age of puberty:Moral virginity
29. Major component of glass is: Silka
30. What year is the start of Photography: 1839
31. Line arrangements of fingerprint classification : KC,MC,PC,SC,SSC,FC
32. Pen emphasis
33. Pen pressure
34. Who invented the miniature camera- mousetrap: William Talbot
35. Executed by a person in authority and private person but is notarized: Private Document
36. Standard number of fingerprint : 8
37. Calvin Goddard- Contribution in Ballistics
38. The father of modern photography- William Talbot
39. Father of Modern Ballistics-Calvin Goddard
40. A firearm that when the trigger is pressed, it discharge continuously was invented by: Gatling
41. Post –mortem caloricity- A state in which the body temperature remains elevated—or even increases—for up to
several hours after death.
42. Rifling
43. Irrelevant question
44. Armong piercing bullet
45. Tracer Bullet
46. Parraffin test
47. Forensic Odontology- used to identify a dead body which is burned thru dental characteristic
48. Ambidextrous
49. Pneumograph
50. Galvanograph
51. Cardiosphymograph
52. Tented arc
53. Alteration
54. Semi visible print- does not need chemical processing, just photograph
55. Trajectory
56. Interior Ballistics- INTERIOR BALLISTICS – traits of the motion of the projectiles while still in the firearm, namely
the studies of combustion of the powder, pressure developed and velocity.
57. Extractor
58. Corrosion
59. If Steyr type has 4 rifling and right hand twist, ___ has 6 rifling and right hand twist
A. Colt type
B. Browning type
C. Smith and Wesson
D. Filibert Type
60. In taking plain impression of the suspect, what is rolled towards the body- Both Thumbs
61. Diaphragm- Definition
62. Helical Grooves- Rifling
63. Houses different parts of the firearm-Frame
64. Cartidge-Definition-2x
65. Contribution of Niepce- took the worlds first photograph
66. Minimum standards for Fingerprint comparison in the Philippines- 8 point comparison
67. What part of camera controls the opening of the lens.- diapragm
68. What part of camera controls the opening of the shutter.-shutter speed dial
69. Radial Loop Definition
70. Ulnar Loop Definition
71. The art of beautiful writing--Caligraphy
72. The curve path of the bullet in motion is called-Trajectory
73. Withdraws the shell--Extractor
74. Using a rubber eraser is a form of-Mechanical erasure
75. Use to determine the presence of gun powder residue in the hands-Paraffin Test
76. This are questions that are unrelated to the case under investigation-Irrelevant questions
85. If there is choice between a dot and a bifurcation, which shall be considered
a. Bifurcation
86. Tri-radial- delta
27. In the Philippines, The code of kalantiaw was the oldest code….. when was the RPC enacted
A. 1433
B. 1525
C. 1932
D. 1945
28. The personality of a erson which refers to the conscience principle- Super ego
29. Differential Association Theory
30. Culture Conflict
31. A person who kills 3 or more person in 3 more locations
A. Mass Murderer
B. Spree Killer
C. Serial Killer
32. Other term for victimless crime
A. Public order crime
B. Private Crime
C. Conventional Crime
34. Pennsylvania Prison System- the prison system called “Solitary System.” Prisoners are confined in single
cells day and night where they lived, they slept, they ate and receive religious instructions.
35. Positivist- The school that denied individual responsibility and reflected non-punitive reactions to crime
and criminality, it adheres that crimes, as any other act are a natural phenomenon. Criminals are considered
sick individuals who need to be treated by treatment programs rather than punitive actions against them.
36. Who developed the technique on the four techniques segregation of prisoners etc- JOHN HOWARD
37. Crime with no complaining victim-Victimless crime
38. Continuing relationship between the supervising officer and his client.- SUPERVISION
39. What is PSI- Post Sentence Investigation
40. What is BP number 85-title- The law which authorizes the release of detained offender who has undergone
preventive imprisonment equivalent to t the maximum imposable penalty for the offense charge.
41. How many hours must the probationer report to the probation officer upon his release:72 hours
42. When was the iwahig penal colony established- complete date. November 16, 1904
43. How many year/s will an infant/ baby stay with the mother in prison: ONE YEAR
44. How many hours will a prisoner visit his dead relative: 3 HOURS
45. Who helps the probation officer in conducting supervision: Probation Aides
46. The following are the qualification of probation officer, except.: A member of the Bar
47. Where is RDC located-: Medium Security Facility/Camp Sampaguita
48. Probation is a substitute/ALTERNATIVE for imprisonment. The probationer is compared to an out-patient, a
sick person who does not need to be hospitalized because his illness is considered as less serious.
49. What section of RA 9165 amended the adult probation law: Section 66
50. This is considered as the Blue Print of Parole: Mark System
51. The first supt. Of Elmira Reformatory :Zebulon Brockway
52. Pardon can be extended on the following, except: IMPEACHMENT
53. Which of the following is not a corporal punishment under the code of kalantioa
A. Incarceration
B. Hanging
C. Bitten by ants
D. Degradation
54. The reduction of Death sentence to Life imprisonment is: Commutation of sentence
55. Who introduce the mark system and modern parole- Alexander Maconochie
56. Arrival report
57. Final Report
58. Absolute pardon
59. Re-classification-definition
60. Penology
61. The following can grant release of inmate, except
62. Difference between probation and parole
1. Probation is an alternative to imprisonment.
2. Parole is a conditional release
3. Probation is handled by the PPA while parole is administered by the BPP.
4. Probation is enjoyed only once, while parole may be granted more than once
5. Probation is restores full civil rights, parole does not.
6. Probation is essentially a judicial functions (under the control of the court), while (parole is an executive
function) BPP.
63. Takes charge of the financial matter in programming, budgeting etc.- Budget and Finance Branch
64. Post sentence investigation report should be submitted w/in how many days: 60 days
65. Who grants commutation of sentence: President/Chief Executive
66. Basis of judge before granting probation: Post sentence investigation report
67. What is given to an inmate if during conflagration returned to jail w/in 48 hours after the proclamation of passing
away of such: Special Time Allowance
68. Given to prisoner who had a good behavior inside a prison: Good conduct time allowance
69. Volunteer shall not receive any__________ except for reasonable travel allowance: HONORARIUM
70. The order of the court granting probation: Probation Order
71. Reason why there is bail: Constitional Presumption of Innocence
72. Preventive Imprisonment law: RA 6127
73. The prison warden will report to: Secretary of justice
74. The report amde by probation officer for determination by the court to grant probation: Post Sentence
Investigation Report
75. If the petitioner is not on bail, the petitioner be allowed temporary liberty by: Recognizance
76. Grant of financial assistance to the child
77. What is HALF-WAY HOUSE? A place where Inmates nearly to be released is place
78. Must if two jail guards distribute foods to inmate: One distributes the other watches over the lock and keys
79. Who grants probation: JUDGE
80. Post sentence investigation report should be submitted within how many days: 60 DAYS
81. As to security, is a prisoner who escapes once but served five years since the recommitment: Maximum
security
82. Who grant pardon: PRESIDENT
83. Mr. A convicted treason who has the authority to comment and recommend his pardon: BPP
84. Subordinates receive orders from one supervisor: UNITY OF COMMAND