LEGAL FORMS

DECEMBER 2022 BOARD LICENSURE EXAMINATION FOR CRIMINOLOGISTS

PREPARED BY Prof. ROY E. ESTILLERO, PhD(u), JD, MPA, RCrim, CSP, CSI, CST, CSMS

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for each item
by marking the box corresponding to the letter of your choice on the answer sheet provided. STRICTLY NO
ERASURES ALLOWED.

MULTIPLE CHOICE: CHOOSE THE LETTER OF YOUR CHOICE.

OVERVIEW AND ELEMENTS OF AFFIDAVIT

1. An ______ is generally characterized as a voluntary, written statement taken under an oath?

Affidavit Document
Affiant Notary

2. The person who takes oath on an affidavit is called?

Affiant Administering Officer
Notary Public Signatory

3. An affidavit that allows you to change your name legally particularly in case of a marriage or divorce?
Affidavit of Name Change Affidavit of Marriage
Affidavit of Denial Divorce Affidavit

4. Allows you to swear regarding the unauthentic utilization of your personal information?
Affidavit of Identity Theft Affidavit of Loss
Affidavit of Mistaken Identity Sworn Statement

5. Allows you to legally report the loss of a document such as a license, passport, ID, or others.
Affidavit of Loss Affidavit of Lost
Affidavit of Denial Sworn Affidavit

6. For an affidavit to be acknowledged or to be effective, it must be?

signed or ‘notarized’ by a notary or any authorized person under the law
Signed by a lawyer
Signed by a lawyer and Police Commissioned Officer
Signed by a Prosecutor or Police Commissioned Officer

7. Another term for an Affidavit is?

Sworn Statement Affidare
Sworn Affidavit Sworn Document

8. Anyone can draft their own Affidavit, all you need is to have the ability to?
write and know what is an Affidavit and its parts Write and Read
Study and Learned Study Law

9. A Medieval Latin word affidare, which means?

He has made an oath Under oath
Sworn oath Vow

10. Before finalizing the document, ensure it is free of all spelling and grammatical errors. Presenting an affidavit full of
errors negatively affects credibility.
Spell check Proofread
Keep it clear and organized Keep it brief

11. In preparing an Affidavit, read the document aloud to catch errors at least twice before taking it for signing. This
helps ensure all of the information is in place and correct.
Proofread the document Spell Check
Read Clearly Keep it brief
12. A person who examines the affidavit of an affiant?
Administering Officer Police Officer
Lawyer Commissioner

13. S.S. stands for?

SCILICET SWORN STATEMENT
SINUMPAANG SALAYSAY ALL OF THE CHOICES

14. This part of an Affidavit refers to the venue where the same was executed?
Scilicet Place of Occurrence
Jurat Subscribed and Sworn

15. A statement where the affiant states his name, nationality, that he is of legal age, his residential address and that he
has been sworn to in accordance with the law.
Opening statement Statement of fact
Factual Affiant Signature

16. SCILICET actual abbreviation is?

S.c. S.S.
SLCT C.S.

17. It is the first part of the Affidavit and can be seen in the upper left portion?
Header Scilicet
Jurat Body

18. The second part of the Affidavit where the purpose is established?
Tittle Jurat
Body Signature of Affiant

19. Statement of Facts is part of?

Body Title
Header Opening Statement

20. It is the part of Affidait where Notary Public signed?

Jurat Title
Signature of Affiant Body

21. The Body of Affidavit has ____ subparts?

Two Three
Five None of the choices

22. “IN WITNESS WHEREOF, I have set my hand this 11th day of February 2022 in Angeles City, Pampanga.”
This statement is part of?
Signature of Affiant Jurat
Statement of Facts None of the choices

23. SUBSCRIBED AND SWORN to before me this 11th of February 2022, affiant exhibiting his/her Driver's License
no. N013654 is valid until October 12, 2025, and issued in Angeles City, Philippines.
This statement is part of?
Jurat Body
Statement of Facts Signature of Affiant

24. It is where the affiant states his name, nationality, that he is of legal age, his residential address and that he has been
sworn to in accordance with the law?
Opening Statement Jurat
signature of Affiant Statement of Facts

LEGAL IMPLICATION OF AFFIDAVIT

1. What are the two types of Sworn Statements?
Question and Answer, Narrative Sworn Statement and Affidavit
Question type and Answer type Question and Narrative

2. Refers to either of two punishable acts: 1) falsely testifying under oath in a proceeding other than a criminal or civil
case; and 2) making a false affidavit before a person authorized to administer an oath on any material matter where
the law requires an oath.
Art.183 of RPC Art.180 of RPC
Art.182 of RPC Art.181 of RPC

3. The process of affirming something, attesting to or swearing to a fact.

Affirmation Notarized
Jurat Affiant

4. An official appointed by the state to serve as an impartial witness related to the signing of important services is vital
to deter fraud in the submission of such written documents?
Notary Public Lawyer
Attorney Police Officer

5. The act of willfully lying or stating false facts in a court of law such as testifying, or on a legal document, after having
taken an oath.
Perjury Forgery
Public Document Lying

6. Any document signed before and witnessed by, a Notary Public.

Notarized Document Public Document
Legal document Private Document

7. Sworn Statement is the same with?

Affidavit S.S.
Public Document Under Oath

8. The document contains facts that are relevant to a legal proceeding

Sworn Statement Public Document
Private Document Counter Affidavit

9. The crime of perjury is punished here in the Philippines in accordance with the provision of?
Article 183 of the Revised Penal Code Article 183 of the Civil Code
Article 183 of the Family Code Article 183 of the Affiant Law

10. A person in good faith unintentionally makes untruthfulness to his/her affidavit, shall be liable for?
None Perjury
False testimony Obstruction of Justice

11. Article 180 penalizes?

false testimony against the defendant
false testimony against the complainant
false testimony
Perjury

12. Article 181 of RPC punishes?

false testimony in favor of the defendant
false testimony in against of the defendant
false testimony
Perjury

13. Art. 180 is committed in a?

Criminal Case Civil Case
Administrative Case None of the choices

14. Art. 181 is committed in a?

Criminal Case Civil Case
 Administrative Case Labor Case

15. When drawing up or swearing to statements within the affidavit, the person making the statements should realize that
it is a?
serious matter serious situation
important matter none of the choices

16. The punishments for falsifying information range greatly depending on the state and the?
severity of the crime Degree of penalty
punishment None of the choices

17. An Act Increasing The Penalties For Perjury, Amending For The Purpose Articles 183 And 184 Of Act No. 3815, As
Amended, Otherwise Known As “The Revised Penal Code”
Republic Act No. 115941 Republic Act No. 11594
Republic Act No. 115419 Republic Act No. 1151419

18. Under RA 115941, persons who would commit perjury face a higher penalty of
prision mayor in its minimum period to prision mayor in its medium period, from?
six years and one day to ten years of imprisonment
four months and one day to six months of imprisonment
ten years and one day to twelve years of imprisonment
four years and one day to six years of imprisonment

19. Previously, persons guilty of perjury were only sentenced to __________ in its maximum period to ____________ in
its minimum period?
arresto mayor , prision correctional
arresto menor , prision temporal
aresto menor , prision correctional
arresto menor , arresto mayor

20. For public officers or employees who would commit perjury, RA 115941
states that the penalty of imprisonment will be imposed in its?
maximum period minimum period
arresto mayor arresto menor

21. For private officers or employees who would commit perjury, RA 115941
states that aside from imprisonment, a fine of one million will be imposed. This statement is?
False Partly true
True Partly False

22. Falsification of Public Documents is Perjury. This statement is?

Flase Partly true
True Partly False

23. Juana Masipag Y Tamad declared untruthful to her Covid-19 health declaration form upon entering to a private
establishment. Is she liable for perjury?
No, because she was not in under oath to a person authorized by law
Yes, because declaring untruthful to a serious matter is considered perjury.
No, because the establishment is private.
Yes, because any person with intent to give misinformation in a public or private document is liable for Perjury.

24. During the trial in court, Juana Masipag Y Tamad unintentionally gives testimony that contradicts to her Affidavit of
Complaint. Is she liable for perjury?

No, because perjury shall only be imposed upon any person, who knowingly makes untruthful statements
No, because misleading testimony is punishable under obstruction of justice
Yes, because perjury shall be imposed upon any person, who knowingly makes untruthful statements
Yes, because her testimony and affidavit should be perfectly the same
1. An affidavit of Arrest is usually executed by?
Law enforcer Complainant
Prosecutor Judge

2. Counter Affidavit is being filed by the?

Respondent Complainant
Prosecutor Judge

3. Reply Affidavit is being filed by the?

Complainant Litigants
Witness Investigating Officer

4. Rejoinder Affidavit is being filed by the

Respondent Judge
PAO Lawyer Prosecution attorney

5. Filing an affidavit of Complaint, Counter affidavit, Reply and Rejoinder is a process in?
Preliminary Investigation Trial
Pre Trial Hearing

6. An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a
crime has been committed and the respondent is probably guilty thereof, and should be held for trial?
Preliminary Investigation Trial
Inquest Proceeding Court Hearing

7. Preliminary Investigation is a crucial stage in _______ because the prosecutor will have to determine whether there is
sufficient ground to file information in court against the perpetrator.
criminal proceedings Investigation
Inquest proceeding All of the choices

8. If there are no sufficient grounds in the complaint, then the prosecutor will?
Dismiss the complaint Submit Motion for Reconsideration
File the Complaint Issue Subpoena to the Respondent

9. If the prosecutor finds probable cause, he will issue a _____ spelling out the reasons for such finding.
Resolution Subpoena
Memoranda Clarificatory Hearing

10. If the prosecutor finds probable cause, he will issue a resolution spelling out the reasons for such finding. The
prosecutor will correspondingly file an?
information in court information to the Chief Prosecutor
Another Clarificatory Hearing None of the choices

11. The affidavit of _________ is a statement alleging that a person has

committed an offense?
Complaint Arrest
Witness Loss

12. A law enforcer and Private induvial can execute an Affidavit of Arrest as long as?
You have personal knowledge and made the apprehension
You have no personal knowledge
It is your obligation as a law enforcer
None of the choices

13. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts
or circumstances that the person to be arrested has committed it. This is also known as?
Hot Pursuit Arrest Warrant of Arrest
Affidavit of Arrest Arresto Menor

14. It is considered warrantless arrest when?

All of the choices Inflagrante delicto
 Hot pursuit arrest Arrest of fugitive or escapee

15. The investigating prosecutor will review the Affidavit of Arrest if it is in accordance to?
Rule 113, Section 5 of the Revised Rules of Criminal Procedure
Rule 113, Section 5 of the Revised Pena Code
Rule 113, Section 5 of the Revised Rules of Arrest and Seizure
Rule 113, Section 5 of the Revised Rules of Criminal, Civil and Administrative Procedure

16. In arresting an offender, the arresting officer should inform the offense imputed against him and informed
him of his constitutional rights. This statement is?
True False
Incomplete Unclear

17. An affidavit of Arrest is affirmed by?

All of the choices City Prosecutor
Notary Public Police Commissioned Officer
18. Is generally filled out by the arresting officer and states the facts and circumstances surrounding an arrest?
Affidavit of Arrest Affidavit of Witness
Affidavit of Complaint All of the choices

19. An arrest can be effected without a warrant of arrest Under?

Rule 113, Section 5 of the Revised Rules of Criminal Procedure
Rule 112, Section 5 of the Revised Rules of Criminal Procedure
Rule 113, Section 11 of the Revised Rules of Criminal Procedure
Rule 112, Section 11 of the Revised Rules of Criminal Procedure

20. in flagrante delicto means?

In the very act of wrongdoing hot pursuit
Warrant of arrest With criminal intent

21. If a person is arrested without a warrant in a hot pursuit operation, he/she shall be delivered to the nearest
police station for the conduct of?
Inquest Proceeding Preliminary Investigation
Clarificatory Hearing Trial

22. Affidavit of Complaint is necessary for filing?

All the choices Administrative Case
Civil Case Criminal Case

23. It is the process of filing criminal complaint in the Philippines?

Inquest proceeding and Preliminary Investigation
Trial
Inquest proceeding
Preliminary investigation

24. Affidavit of Arrest is executed by the arresting person during?

Inquest Proceeding Preliminary Investigation
Trial All of the choices

1. A document signed by either a municipal court judge or a superior court judge that orders a client
to be detained in or transferred to a short-term care facility, a psychiatric facility, or a special
psychiatric hospital.
Commitment Order Mittimus Order
Court Order All of the choices

2. An ________ is issued by the judge in lieu of the Warrant of Arrest.

Order of Commitment Warrant Order of Arrest
Warrant of Arrest Mittimus Order

3. Previously a person who was arrested and under the custody of a police station is called?
 Inmate Prisoner
Jailed All of the choices

4. Nowadays a person under the custody of police is called?

Person Under Police Custody Persons Deprived of Liberty
Inmate Detainee

5. Mando Rugas was arrested by the elements of Angeles Police Station for Violation of Article 293 of
RPC Robbery, what order is needed for him to be transferred to the BJMP Facility?
Commitment Order Mittimus Order
Court Order Information

6. Nowadays a person under the custody of BJMP is called?

Persons Deprived of Liberty Person Under Police Custody
Inmate Detainee

7. Pepito Durugas was convicted for violation of Article 293 of RPC Robbery, what order in court is
needed for him to be transferred to the Bureau of Correction Facility?
Mittimus Order Commitment Order
Court Order Judgement Order

8. What is Supreme Court Circular No. 42-93?

Issuance of Mittimus/Commitment Order
Serving of Sentence under Mittimus Order
Issuance of Court Order to the PNP and BJMP
Safekeeping of person while case is still pending

9. Supreme Court No. 42-93 is addressed to?

All Judges of The Regional Trial Courts, Shari’a District Courts, Metropolitan Trial Courts,
Municipal Trial Courts In Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari’a
Circuit Courts

All Judges in Trial Courts including Sandigan Bayan, National and

Labor Relation Court and Military Court

All Judges in the Regional Trial Court, Municipal Trial Court, Court of Appeals and Supreme Court
All of the choices

10. In all cases where the records are remanded from the Supreme Court or the Court of Appeals to
the lower court for execution of judgment, the judge of the lower court concerned shall immediately
issue the corresponding ___________of the prisoner immediately after the records are received by
the court of origin.
Mittimus or Commitment Mittimus Order
Warrant of Arrest Court Order

11. The mittimus shall be under the signature of the ______ and shall bear the seal of the Court
attested by the Clerk of Court.
Judge Clerk of Court
Prosecutor Justices

12. If the accused is sentenced to imprisonment of more than three [3] years, he is classified as?
National prisoner Provincial Prisoner
City Prisoner Municipal Prisoner

13. If the accused is sentenced to imprisonment of more than three [3] years, he shall be committed
to?
Director of Corrections in Muntilupa, Metro Manila
Jail Warden of the concerned area
Chief of Police
District Director in Cities

14. If the accused is classified as city/provincial prisoner he/she is?

Sentenced to imprisonment of more than one [1] year but not more than three [3] year
 Sentenced to imprisonment of more than three [3] years but not more than one [1] year

Sentenced to imprisonment of more than six [6] months but not more than one [1] year

None of the choices

15. If the accused is classified as city/provincial prisoner, he shall be committed to the?

City or Provincial Jail Warden Director of Correction
Chief of Police Chief Jailer

16. If the accused is sentenced to imprisonment of not more than one [1] year, he is classified as?
Municipal Prisoner Provincial Prisoner
Regional Prisoner City Prisoner

17. If the accused is classified as municipal prisoner, he shall be committed to?

Municipal Jail Warden Jail Director
Director of BUCOR Chief of Police

18. Commitment Order can be given or issued by the court or any other agency or competent authority
such as?

Supreme Court, Court of Appeals, Regional trial court, Metropolitan trial court, Municipal trial court,
Municipal circuit trial court, Sandiganbayan, Military courts, House of Representatives, Senate,
Commission on Elections, Bureau of Immigration and Deportation, and Board of Pardons and
Parole

Supreme Court, Court of Appeals, Regional trial court, Metropolitan trial court, Municipal trial court,
Municipal circuit trial court

Regional trial court, Metropolitan trial court, Municipal trial court, Municipal circuit trial court,
Sandiganbayan, Military courts, House of Representatives, Senate, Commission on Elections,
Bureau of Immigration and Deportation, and Board of Pardons and Parole

All of the choices

19. A commitment order is a?

Written order of the court or any other agency authorized by law to issue, entrusting a person
under police custody to a custodial facility for the purpose of safekeeping during the pendency of
his or her case

A warrant issued by a court bearing its seal and the signature of the judge directing the jail or
prison authorities to receive inmates for the service of sentence

Written order of the court directing the jail or prison authorities to receive inmates for the service of
sentence

All of the choices

20. Mittimus order is/are?

A warrant issued by a court bearing its seal and the signature of the judge directing the jail or
prison authorities to receive inmates for the service of sentence

There is already a final judgment

It can only be given or issued by the court.

All of the choices

1. It is a legal request that allows you to ask the judge to reconsider his/her ruling.
Motion for Reconsideration Appeal
Motion to Consider Motion to Appeal
2. If you are the defense counsel of the accused and new evidence is available that you were not able to
present before the judge made a decision. What action are you going to do?

File a Motion for Reconsideration

Respect the decision of Hon. Judge
File an Appeal
None, because it can be a double jeopardy

3. Motion for Reconsideration is part of?

Rules of Court Rules on Evidence
Preliminary Investigation None of the choices

4. Rule 37 of Rules of Court is?

Motion for Reconsideration Appeal
Judgment Court Procedure

5. What is the content of Motion for new trial and reconsideration?

The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall
be served by the movant on the adverse party

The issue that was not raise during the trial

The reason why the honorable court should set aside his decision

None of the choices

6. A motion for new trial shall be proved in the manner provided for ______?
Proof of motion proof beyond reasonable doubt
Proof of Issue Proof of issue

7. A pro forma motion for new trial or reconsideration shall not toll the
reglementary period of?
Appeal Judgment
Motion serving of sentence

8. A motion for new trial or reconsideration shall be resolved within?

30 days 15 days
10 days none of the choices
9. A motion for new trial or reconsideration shall be resolved within?
30 days 15 days
10 days none of the choices

10. The counting of days in the release of resolution of motion for reconsideration is?
From the time it is submitted for resolution prior to appeal
Upon judgment None of the choices

11. A motion for new trial shall include all grounds then available and those not so included shall be?
Deemed waived Exonerated
Subject for appeal None of the choices

12. A second motion for new trial, based on a ground not existing nor available when the first motion was
made, may be filed within the time herein provided excluding the time during which the _____ had been
pending.
first motion second motion
first appeal second appeal

13. No party shall be allowed a ________________ of a judgment or final order.

Second motion for reconsideration Motion for new Trial
Appeal Motion to dismiss the case

14. If the motion for reconsideration is granted, what will be the effect?
The original judgment or final order shall be vacated, and the action shall stand for trial de novo
 The defense counsel may file the affidavit of his witnesses

The court will suspend the verdict and reset the hearing

All of the choices

15. What is the Remedy against order denying a motion for new trial or reconsideration?
An order denying a motion for new trial or reconsideration is not appealed, the remedy being an appeal
from the judgment or final order

An order denying a motion can be appealed to the court of appeal

An order denying a motion can be appealed to the Supreme Court

All of the choices