MOCK BAR EXAMINATION QUESTIONS IN CRIMINAL LAW 1. Which of the following has the power to define and punish crime? a. b. c. d. e.
The legislative The Chief Executive The Supreme Court Sandiganbayan Trial Courts
2. Which of the following is not a limitation on the power of the legislative to enact penal laws? a. Prohibition against Bill of Attainders or Ex-post facto law. b. Equal Protection of the law c. Prohibition against cruel, degrading, or inhuman punishment or imposition of excessive fines. d. Abridgment of the obligation of contract. 3. Which of the following is not a characteristic of penal law? a. b. c. d. e.
Generality Territoriality Prospectivity Retroactivity when favorable to accused Adjective or Remedial
4. Which rule on jurisdiction over crimes committed on foreign vessels while on Philippine waters is not followed in the Philippines? a. The French Rule – The crimes are not triable in the Philippines unless the crimes affect the peace and security, or safety of the Philippines is endangered. b. The Anglo-American Rule or the English Rule – the crimes are triable in the Philippines unless the crimes affect merely the internal management of the vessel. c. If the foreign vessel is a warship, Philippines Courts have no jurisdiction because a warship is an extension of the country to which it belongs and it is not subject to the laws of another state. d. The Philippines Courts have jurisdiction to try continuing crimes committed in a vessel sailing from a foreign port into Philippines waters, even if the crimes are not punishable in the foreign country were the vessel comes from the crimes are punishable under Philippine laws. 5. When does the repeal of penal law not extinguish crime? a. The repeal of a law under which there is pending case against the accused at the time of repeal. b. The repealing law wholly fails to penalize the acts defined and penalized in the repealing law. c. Implied repeal or repeal by re-enactment. 6. An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to surrender, refused to do so and instead answered the latter with a stroke of his lance, the policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner, Is the act of the policeman on resorting to extreme means will always be justified? a. Yes, since an arresting officer is required to act within the performance of his duty, he must stand his ground and cannot, like a private individual, take refuge in fight, his duty requires to overcome his opponent: b. No, it was provided under the Rule of Court that no violence or unnecessary force shall be used in making an arrest. Such provision accepts no exception: c. It depends, the reasonableness of the force employed by the arresting officer must be adjudged in the light of the circumstances as they appeared to the officer at the time he acted, and the means is generally considered to that which an ordinary prudent and intelligent person with the knowledge would have deemed necessary under the circumstances.
7. Which of the following is not a source of criminal law? a. The Constitution b. Acts of legislature c. Presidential Decrees and Executive Orders issued by Marcos during Martial Law, and by Cory Aquino during her Revolutionary Government. d. Implementing rules and regulations providing a penalty as authorized by the basic law. 8. Which of the following is an absolutory cause? a. b. c. d. e. f.
Aberratio ictus Praeter intentionem Mistake of fact Proximate cause Error in persona Impossible crime
9. Which of the following is a crime malum in se? a. Offenses punished by the Revised Election Code, a special law, for the omission or failure to include a voter’s name in the in the registry list of voters. b. Illegal possession of firearms c. Violation of BP 22 for issuing a bouncing check d. Offenses defined and punished by the Revised Penal Code. e. Carnapping Law f. Dangerous Drugs Law 10. The Revised Penal Code (RPC) belongs to the Classical Theory the main purpose is retribution under a system where gravity of the penalty is proportionate to the gravity of the crime committed, However, there are some articles in the RPC that are positivistic in orientation intended to curb the dreadful and dangerous tendencies of the individual. W hich of the following articles in the RPC does not pertain to the Positivist School? a. Article 4, RPC – impossible crimes b. Article 13, paragraph 7, RPC – on the mitigating circumstances of voluntary surrender and plea of guilty. c. Article 11, paragraph 1, RPC – on self-defense d. Three fold rule e. Extenuating and absolutory causes 11. Which of the following is not a punishable conspiracy? a. b. c. d. e. f.
Conspiracy to commit treason Conspiracy to commit rebellion Conspiracy to commit coup d’ etat Conspiracy to commit murder Conspiracy to commit sedition Monopolies and combination in restraint of trade
12. Which of the following is not a justifying circumstances? a. b. c. d. e. f. g. h.
Self-defense Defense of property Defense of honor Defense of relatives Accident Avoidance of greater evil or injury Battered woman syndrome Defense of strangers
13. Which of the following is not an exempting circumstances? a. b. c. d. e. f. g. h. i.
Imbecility Insanity Insuperable cause Minor exactly 9 years old at the time of the commission of the offense Entrapment Irresistible force Impulse of Uncontrollable fear Instigation Accident
14. Which of the following is not ordinary mitigating circumstances? a. b. c. d. e. f. g. h. i. j.
Incomplete self-defense, incomplete defense of relatives and strangers Illness that diminishes the exercise of will power Lack of intent to commit so grave a wrong Sufficient provocation Immediate (proximate) vindication of a grave offense Passion or obfuscation Voluntary surrender Voluntary plea of guilty Confession of guilt Being deaf and dump or blind
15. Which of the following is not a privileged mitigating circumstances? a. b. c. d. e. f.
Incomplete self-defense, incomplete defense of relatives and strangers The Offender is 18 years old Schizoprenia Article 255, RPC – concealment of honor of the mother in infanticide Article 268, RPC - voluntary release of a person detained within 3 days without the accused attaining his purpose and before institution of criminal action. Article 333, RPC – unjustified abandonment of the spouse in the crime of adultery
16. Insult may not be appreciated as a requisite for: a. b. c. d.
Unlawful aggression in self defense and defense of relatives and strangers Passion and obfuscation as a mitigating circumstance Vindication of a Grave offense as a mitigating circumstance Sufficient provocation as a mitigating circumstance
17. In the following aggravating circumstances, it is not necessary that there is performance of official duties or functions at the time of the commission of the offense: a. b. c. d.
Taking advantage of official position In contempt of or with insult to public authorities Lack of regard due to offended party by reason of rank The offense is committed in the palace of the Chief Executive or in his or her presence, or in a place dedicated to religious worship.
18. Which of the following aggravating circumstances may not be appreciated in crimes against persons? a. Evident premeditation b. Treachery c. Abuse of Superior Strength d. Means employed to weaken the defense e. Abused of official position f. Ignominy g. Cruelty h. Price, Reward or promise i. Dwelling j. Fraud, craft and disguise
19. Which of the following aggravating circumstances does not qualify the killing of homicide to murder? a. b. c. d. e. f. g.
Evident premeditation Price, Reward or Promise Treachery Use of Poison Dwelling, Nightime and sex of offended Use of motor vehicle Use of Explosion
20. Which of the following is not an alternative circumstance? a. b. c. d. e.
Relationship Age Intoxication Degree of Instruction and education of the offender All of the above
21. W hich among the following is not included in civil interdiction a. b. c. d. e. f.
criminally liable for felonies?
Parental authority Guardianship of the person or the property of the ward Marital Authority Management of his property Right to dispose of his property by any act or conveyance mortis causa Right to dispose of his property by any act or conveyance inter vivos
22. A minor 9 or under is a. b. c. d. e.
Absolutely exempt from criminal liability Relatively exempt from criminal liability Enjoys privileged mitigating circumstance Extenuating circumstance Absolutory cause
23. W hich of the following is not an accessory penalty? a. b. c. d. e. f.
Suspension from public offices, profession or right of suffrage Civil interdiction Indemnification Payment of costs Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification
24. W hat is meant by the term “mens rea”? a. b. c. d.
no intent to commit so grave a wrong good faith in the commission of the crime no malice in committing the crime unlawful intent
25. Proximate cause means: a. the motive in committing the crime b. the unlawful intent in committing in committing the crime c. the efficient cause uninterrupted by any supervening event without which the result would not have occurred d. the reason of the offender in committing the crime e. Direct cause
26. Reckless imprudence is a crime only when: a. b. c. d. e.
the offender is under the influence of drugs the offender is under the influence of liquor the imprudence results in the commission of a consummated felony or crime the felony is attempted the felony is frustrated
27. A child in conflict with the law is one who: a. b. c. d. e.
Committed an intentional felony Was raised in a family of drug traffickers Is under 15 yrs of age Is over 15 and under 18 who committed a felony with discernment A child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.
28. In light felonies the following are criminally liable a. b. c. d.
Principal only Accomplices only Accessories only Principal and Accomplices only.
29. In mala prohibita, the criminal liability of the offender is determined by his a. b. c. d. e.
criminal intent intent to perpetrate the act negligence, lack of foresight, lack of skill ignorance of the law mistake of fact
30. To overcome intelligence as an element of criminal liability one has to prove a. b. c. d.
Deprivation of cognition Under the compulsion of an irresistible force Mistake of fact Mistake of identity
31. An ordinary mitigating circumstance reduces the penalty only to the a. b. c. d.
Minimum Period Degree Indeterminate Sentence Law Probation Law
32. W hen the aggravating circumstance of recidivism is present in the commission of a crime, the offender is called a a. b. c. d.
Quasi-recidivist Recidivist Habitual criminal Habitual delinquent
33. W hat component of criminal law is express and implied repeal relevant? a. b. c. d.
Territoriality Generality Irretrospectivity Bill of attainder
34. Preventive imprisonment is a. b. c. d. e.
Not a penalty A principal penalty Subsidiary penalty Remedial measure Accessory penalty
35. The pecuniary liabilities of the offender under the Revised Penal Code should be prosecuted a. b. c. d.
In the criminal action In a separate civil action In either of the two actions above In both of the above actions
36. The threefold rule under article 70 is addressed to the a. b. c. d.
Judge deciding the case Prison head holding the prisoner Probation officer Board of pardon and parole
37. The phrase “Stand ground when in the right” means: a) A person need not retreat against an unlawful aggressor but he is not expected to fight back b) A person need not retreat against an unlawful aggressor but must defend himself by fighting back c) A person attacked must retreat but must fight back when caught by his aggressor d) None of the above 38. Impossible crime is punished only when the crime is a. b. c. d.
Consummated Frustrated Attempted Voluntary
39. Vicarious civil liability means a. The liability of the offender in a criminal case b. Civil liability of the employer in a criminal case if the offender is found insolvent c. Civil liability of the offender and the employer in a criminal case 40. The dangerous tendency rule and the clear and present danger rule is relevant in the discussion of the crime of a. b. c. d.
Arson Immoral doctrines Sedition Unfair competition
41. “Judicial authority” in Article 125 of the Revised Penal Code refers to: a. The justices or judges vested with judicial power to order the temporary detention or
confinement of a person charged with having committed a public offense.
b. Supreme Court justices c. Judges of inferior courts as may be established by law d. All of the above
42. How is the crime of coup d’etat committed? a. By a swift attack accompanied by violence, intimidation, threat, strategy or stealth
b. c. d. e.
against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power. Singly or simultaneously carried out anywhere in the Philippines. By any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation. All of the above concurring Any two of the above concurring
43. W hat are the ways of committing the crime of illegal assembly? a. Gathering of persons any or some of whom are armed for unlawful purpose under the
Code.
b. Gathering of persons for the purpose of inciting to treason, rebellion, insurrection,
sedition and assault upon a person in authority or his agent even without the attendance of armed men. c. Formation of an unlawful association d. A and B e. B and C 44. W hat are elements of perjury? a. There must be testimony or a statement (affidavit) made under oath b. The oath must be administered by an officer competent to do so because it is
essential that the oath be valid.
c. The witness-affiant must have made willful or deliberate assertion of falsehood on a
material matter-subject of inquiry in that case.
d. The testimony or affidavit must have been made to comply with a legal requirement,
i.e., it must be required by law and must be required to be under oath.
e. All of the above concurring f. A, B and C only g. B, C and D only
45. Indirect bribery is committed by: a. A public officer who will do an act in consideration of what he will receive. b. A public officer who will refrain from doing what he should do because of what he
receives
c. A public officer who does an act constituting a crime in consideration of what he will
receive
d. A public officer who commits an act not constituting a crime in consideration of what
he will receive e. A public officer who receives consideration because of his office.
46. Article 294 (robbery with violence against or intimidation of person) defines and penalizes a. b. c. d.
composite crime or special complex crime complex crime compound crime continuing crime
47. W ho are those exempt from criminal liability for theft, swindling and malicious mischief? a. Spouses, ascendants and descendants, or relatives by affinity in the same line only b. Only the widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another c. Only brothers and sisters and brothers-in-law and sisters-in-law, if living together. d. A, B and C e. A and B f. B and C g. A and C
48. W ho is not a public figure? a. He is one who, by his accomplishments, fame, mode of living, or by adopting a b. c. d. e.
profession or calling which gives the public a legitimate interest in his doings, his affairs and his character, has become a public personage. Those who have achieved some degree of reputation by appearing before the public, as in the case of an actor, a professional baseball player, a pugilist, or any other entertainer. Public officers, famous inventors and explorers, war heroes and even ordinary soldiers, infant prodigy. Anyone who has arrived at a position where the public attention is focused upon him as a person. An obscure private individual libeled by a columnist in a newspaper.
49. W hich of the following is not requisite of mistake of fact? a) That the act done would have been lawful had the facts been as the accused believed them to be b) That the intention of accused in doing the act should be lawful c) That the resulting injury is due to the intentional act of the victim d) That the mistake must be without fault or carelessness on the part of the accused. e) None of the above 50. Anti-fencing Law {PD 1612} will apply only when the valuable articles proceed from what crimes? a. b. c. d.
Only to proceeds of theft or robbery Only to proceeds of estafa Also to proceeds of usurpation All of the above
51. Plunder - RA 7080 - requires that the wealth amassed by a public officer amount to a. b. c. d.
100 million pesos 75 million pesos 50 million pesos 130 million pesos
52. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted of another crime embraced in the same title of the revised Penal Code. a. True b. False. The previous conviction need not be of a crime embraced within the same title
of the Revised Penal Code as the one for which the accused is on trial.
c. False. A recidivist need not be convicted of the prior crime. Having been previously
charged is sufficient. d. False. The conviction may either be final or not. e. False. The previous conviction must be by final judgment.
53. Accessories to a crime are those who, with or without knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part prior to its commission. a. True b. False. Accessories have knowledge of the crime and participate in commission
thereof.
c. False. Accessories must have knowledge of the crime and take part only subsequent
to its commission but not prior thereto in the manner described in the Revised Penal Code. d. False. The statement more appropriately describes accomplices. e. False. Accessories never take part prior to or subsequent to the commission of the crime.
54. A person under fifteen does not incur criminal liability because minority is a justifying circumstance. a. True b. False. Minority is always a justifying circumstance whether or not the minor acted with
discernment.
c. False. Minority is a mitigating circumstance. d. False. Minority is an exempting and not justifying circumstance. e. False. Minority is never a circumstance affecting criminal liability.
55. Any public officer who, shall appropriate public funds, or property or shall take or misappropriate or shall consent or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall be guilty of malversation of public funds or property. a. b. c. d. e.
True False. The act described is illegal use of public funds or property. False. The crime is not committed through abandonment or negligence. False. The public officer should be one accountable for public funds or property. False. The crime is failure to render accounts of public funds or property.
56. Lack of motive is indicative of the innocence of the accused. a. b. c. d.
True False, because motive is not a requisite of felonies committed by means of dolo. False because intent and motive are synonymous. False because motive being a mental process cannot be proven by evidence.
57. X was present at the scene of the crime and witnessed Y set fire to a house. X, however, did not give alarm nor report to the authorities the commission of the crime. X is an accomplice in the crime of arson. a. True b. False, X is a principal by indispensable cooperation. c. False, because X has not committed any felony there being no law that punishes a
person who does not report to the authorities the commission of a crime.
d. False, because X is liable for the crime of failure to report commission of a felony.
58. X and Y after breaking the wall of the bodega through which they entered the same, removed a sack of sugar from the pile; but they were caught in the act of taking it out through the opening on the wall. A and B are liable for consummated robbery. a. True b. False, A and B are liable for attempted robbery only because the act of taking out is
merely an overt act to commence the crime of robbery.
c. False, A and B are liable for consummated trespass to dwelling. d. False, A and B are liable for attempted robbery because the failure to take out the
sack was due to a cause other than the will of A and B.
59. A shot B, but missed and instead hit and killed C. A is liable for the complex crime of homicide and attempted homicide. a. b. c. d.
True False, A is liable for the crime of homicide only because B was not injured. False, A is liable for the crimes of illegal discharge of firearms and homicide. False, A is liable for the complex crime of attempted homicide and reckless imprudence resulting in homicide.
60. Dodoy possessing only a student driver’s permit, found a parked car with the key left in the ignition. He proceeded to drive it away, intending to sell it. Just then Ting, the owner of the car arrived. Failing to make Dodoy stop, Ting boarded a taxi and pursued Dodoy, who in his haste to escape, and because of his inexperience violently collided with a jeepney full of passengers, one of whom was killed, the leg of another passenger was crushed and had to be amputated. The car of Ting was damaged to the tune of P 50,000. Dodoy is liable for the crimes of carnapping, homicide and serious physical injuries. a. True b. False, Dodoy is liable for complex crime of carnapping with homicide because the two
offenses were the result of a single criminal impulse.
c. False, Dodoy is liable for carnapping only but the penalty is to be imposed in its
maximum because a homicide which includes the serious physical injury was committed on the occasion or by reason thereof. d. False, Dodoy is liable for the distinct felonies of carnapping, reckless imprudence resulting in serious physical injuries, reckless imprudence causing damage to property and reckless imprudence resulting in homicide. 61. X together with four individuals went to the house of P with intent to kill. Upon reaching the house, the five of them aimed and fired at the bedroom of P. However, P was not in the room as he was in another city. The five accused may be convicted of attempted murder. a. b. c. d.
True False, they may be convicted of the crime of illegal discharge of firearm. False, they are only liable for an impossible crime. False, they are liable for malicious mischief.
62. Drawing or trying to draw a pistol from the waist is an overt act of homicide of the accused. a. b. c. d.
True It constitute attempted homicide The act constitute attempted murder False, because it cannot be definitely concluded that the act will result into a concrete offense.
63. In the crime of arson, it is necessary that the property be totally destroyed by fire. a. True b. False. It is consummated even if only a small portion of the wall or any part of the
house is burned. c. False. If the property is not totally burned it is frustrated arson. d. The consummation of the crime of arson depends upon the extent of the damage caused. 64. The Revised Penal Code took effect on January 31, 1932. a. b. c. d.
True False, January 1, 1934 False, January 1, 1932 False, October 31, 1935
65. A penal law is always prospective in its application a. True b. False, it is retroactive c. False, it may be given retroactive effect if favorable to the accused who is not a
habitual delinquent
d. False, it is retroactive if the new law imposes a heavier penalty
66. Felonies cannot be committed by omissions but only through overt acts. a. b. c. d.
True False, only external acts are punished. False, felonies are acts or omissions punishable by law. False, there is no criminal intent in omission.
67. Reclusion perpetua is a divisible penalty. a. b. c. d.
True It is an accessory penalty It is the same as life imprisonment It remains an indivisible penalty despite its duration
68. Entrapment is an absolutory cause. a. True b. False. It is not a bar to the prosecution and conviction of the lawbreaker because
consistent with public policy
c. It is similar to instigation which absolves the accused from criminal responsibility d. The ways and means resorted to for the purpose of framing up the lawbreaker
69. W ho among the following persons is/are not exempt from the operation of our criminal laws by virtue of the public international law? a) b) c) d) e)
Sovereigns and other chiefs of state Consults, Vice-Consuls, and other commercial representatives of foreign nations Ambassadors, Ministers plenipotentiary, ministers resident Charges d’ affaires All of the above
70. Insanity or imbecility is a justifying circumstance for which the offender does not incur criminal liability. a. b. c. d.
True Insanity or imbecility is an exempting circumstance It will mitigate the liability of the offender It is an alternative circumstance
71. In arson, the aggravating circumstance that the crime be committed by means of fire is not appropriate. a. b. c. d.
True It is considered to increase the penalty for the crime. It is not considered if not alleged in the information. Fire is not included by the law in defining arson.
72. In kidnapping for ransom, those who acted as runners or carriers in obtaining the ransom money have no criminal liability. a. b. c. d.
True They are considered accomplices. They are accessories. They are principals by direct participation.
73. The duration of the penalty of prision mayor is six years to twelve years. a. b. c. d.
True It is six years and one day to twelve years. It is six months, one day to six years. It is one month to six months.
74. The penalty for homicide is reclusion temporal. If there are no modifying circumstances present, the minimum of indeterminate penalty on the convict should be: a. b. c. d.
Reclusion temporal, medium period Within the range of prision mayor to reclusion temporal, medium period. Prision mayor, medium period. The whole range of reclusion temporal.
75. In reiteration or habituality, it is enough that a final judgment has been rendered in the first offense. a. b. c. d.
True The sentence have been served for the first offense. There is judgment rendered by the trial court for the first offense. It is the same as habitual delinquency.
76. Filipinos and aliens owe the same allegiance to the Philippines. Filipinos owe absolute and unqualified allegiance to the Philippines. a. b. c. d.
Both statements are true. Both statements are false. The first statements is true and the second false. The first statement is false and the second true.
77. Arbitrary detention is committed by a. Any public officers b. Those whose official duties give them the authority to effect arrest and detain persons c. Private individuals
78. Misprision of treason is a. Failure of a citizen to report as soon as possible a conspiracy, which comes to his
knowledge, against the government. b. Conspiracy to commit treason against the Philippine Government. c. An accomplice to the crime of treason d. Proposal to commit treason 79. Under what instances is the crime of Trespass not committed?
a. Purpose of entry to dwelling is to prevent some serious harm to the person entering, b. c. d. e. f.
the occupants or third persons. Purpose of entry is to render some aid to humanity or justice. Places entered are cafes, taverns, inns and similar places while they are open A and B only. B and c only. All of the above
80. W hat crime in the Revised Penal Code has the same penalty whether committed intentionally or negligently? a. b. c. d. e.
Malversation Estafa Falsification Illegal Exaction None of the above
81. W hat different crimes can arise from intimidation? a. Robbery, if the intimidation is immediate but conditional coupled with demand for
money or any consideration.
b. Threat, if it is future or conditional c. Coercion, if it is direct, immediate, and personal; or serious enough. d. All of the above
82. W hat crimes is not committed only by dolo? a. b. c. d. e.
Malicious mischief Estafa Mutilation Intentional abortion Unintentional abortion
83. Defamation excludes: a. b. c. d. e. f.
slander libel slander by deed incriminating innocent persons malicious prosecution intriguing against honor
84. W hat principle does not apply to imprudence a. b. c. d. e.
Complex crime Subsidiary penalty Modifying circumstances Three-fold rule Parole and probation
85. Violations of dangerous drugs act is a. b. c. d.
Now a mala in se Still malum prohibitum Punished as a crime under the Revised Penal Code Not committed thru dolo
86. If an offender is apprehended possessing more than the quantity of drugs sold, he shall liable for: a. b. c. d. e.
illegal possession of dangerous drugs unlawful sale of dangerous drugs compound crime of illegal possession and use of dangerous drugs complex crime of illegal possession of prohibited and regulated drugs two separate crimes of illegal possession of dangerous drugs and illegal sale of dangerous drugs
87. Treachery, which is an aggravating circumstance occurs when the offender commits any crime employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. a. True b. False because treachery refers to the evil intent and not the means to commit a
crime.
c. False because treachery refers also to the use of craft or disguise in the commission
of a crime. d. False because treachery applies only to crimes against persons and property. e. False because treachery applies only to crimes against persons.
88. The period of prescription of crimes shall commence to run from the day on which the crime is discovered by the authorities or their agents, and shall be interrupted by the arrest of the offender. a. True b. False. The period of prescription shall commence to run from the day on which the
crime is discovered by the offended party, the authorities, or their agents.
c. False. The period of prescription shall be interrupted by the filing of the complaint or
information and not by the arrest of the offender. d. False. The period of prescription commences for the reason stated in letter B and interrupted for the cause adduced in letter C. e. False, none of the reasons mentioned in the preceding choices is correct. 89. The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. True False. The duration shall be from six months to six years and one day. The duration shall be from six months and one day to six years and one day. False. W hen suspension is imposed as an accessory penalty, the duration is six months and one day to six years. e. False. W hen suspension is imposed as an accessory penalty, the duration is six months and one day to six years. a. b. c. d.
90. The accused shall not be convicted for treason except on the testimony of an eyewitness to the same overt act. a. b. c. d.
True. False, two witnesses are required False, because the witness need not be an eyewitness. False, because the act need not be overt.
91. The crime of rebellion requires that the criminal act was done in furtherance of political motivation or purpose. a. b. c. d.
True. False, the motivation may be social. False, the crime committed is sedition. False, the act does not need to be criminal.
92. There are two ways of committing direct assault: by employing force or intimidation for the attainment of any of the purposes of rebellion and sedition, and by attacking or seriously intimidating a person in authority or his agents. a. True. b. False, direct assault is committed only by laying hands or attacking a person in authority or his agents. c. False, the crime committed is indirect assault. d. False, there is only one way of committing direct assault. 93. This crime is committed by a public officer who will refrain from prosecuting offender in consideration of a price or gift and the crime is punishable by reclusion perpetua and/or death. a. b. c. d.
Indirect bribery Qualified bribery Direct bribery Corruption of public officers
94. This is a mock serenade where the offender actually disturbs the peace by using cans, pans, utensils, etc. and constitutes the crime of alarms and scandal. a. b. c. d.
Indecent exposure Public disorder Charivari Misdemeanor
95. W hen the person granted conditional pardon by the President violates the conditions of his pardon, he shall be returned to prison and shall serve the remaining penalty if the same exceeds ___________ years. a. b. c. d.
5 4 7 6
96. The subject matter of the crime of _____________ is altering or falsifying treasury or bank note or any instrument payable to bearer or to order. a. b. c. d.
Falsification Forgery False testimony Perjury
97. The deliberate assertion of falsehood in a material matter in perjury must be contained in an affidavit and required by law to be under oath. a. b. c. d.
True. False, the document need not be sworn to. False, oath need not be required by law. False, the assertion may be any matter.
98. Violations of the dangerous drugs law shall disqualify the offender from availing of: a. b. c. d. e.
Indeterminate Sentence Law Probation Three fold rule Parole Plea bargaining
99. ___________________ is committed by a public officer who amasses ill gotten wealth thru a series or combination of prohibited acts in the total amount of ______________ pesos. a. b. c. d.
Qualified bribery and 50 million Direct bribery and 20 million Malversation and 75 million Plunder and 50 million
100. The crime of cattle rustling is malum _____________ for being a mere amendment of the provision on qualified theft, whereas the crime of carnapping is still malum ____________ although an amendment of the same provision on qualified theft. a. b. c. d.
Prohibitum and in se In se and prohibitum Both prohibitum Both in se
101. The crime of _______________ is not committed when the purpose of is to prevent some serious harm to the person entering or to the occupants or third persons. a. Trespass to property b. Trespass to dwelling c. Malicious mischief d. Grave coercion e. A and B 102. ___________________ can give rise to robbery if it is immediate but conditional and with demand for money or any consideration, threat if future and conditional, or coercion if direct, immediate and personal. a. b. c. d. 103.
Intimidation Fraudulent machination Deceit Chicanery
_______________ abortion cannot be committed by the woman herself because it requires infliction of violence against her person. a. b. c. d.
Intentional Unintentional Both culpable
104. The nature of the relationship of the offender and the victim in parricide must be by blood, legitimate and __________________. a. b. c. d.
Ascending line Direct line Collateral Descending line
105. Though the offender is the parent, if the victim of the killing is a child less than three days old, the crime is ________________. a. b. c. d.
Parricide Infanticide Abortion Murder
106. Homicide is the killing of any person which does not constitute parricide, murder or infanticide and is not _________________. a. b. c. d.
Intentional Justified Accidental Suicide
107. Illegal possession of firearm is committed provided that: a. b. c. d.
No other crime is committed Murder or homicide is committed The crime is rebellion, sedition and attempted coup It is high powered
108. The indispensable elements of death caused in a tumultuous affray are: the persons involved in the affray are not _______________ for the purpose of assaulting and attacking each other, and that the ones who actually killed or inflicted serious injury to the deceased cannot be _________________. a. b. c. d.
Organized and identified Unorganized and unidentifiable Organized and participants in the affray. Unorganized and participants in the affray.
109. In the crime of illegal discharge of firearm it is necessary that the firearm be discharged at another but without _________________. a. b. c. d.
Bullets Intent to kill Hitting the victim Killing the victim
110. W hen there is no injury but pain is caused to the victim, the crime is ________________. a. b. c. d. 111.
Ill-treatment or maltreatment Slight physical injuries Malicious mischief Unjust vexation
___________________ is not an element of kidnapping, hence, the crime can be committed even without such, but when demanded, the crime becomes kidnapping and serious illegal detention and the penalty shall be death. a. b. c. d.
Ransom Deprivation of liberty Coercion Threat
112. The distinction between kidnapping with rape and forcible abduction with rape is the presence or absence of _________________. a. b. c. d.
Taking Intent to rape Lewd designs Lascivious conduct
113. Kidnapping of a minor cannot be committed by his parents as expressly provided for in Article 267. a. b. c. d.
True False, it can be committed when the parents are separated legally. False, the child can be adult. False, the child must be a woman.
114. The distinction between estafa and malversation is that in estafa committed by public officers, the offender is not: a. b. c. d.
A treasurer An accountable public officer An administrator of funds A disbursing officer
115. Highway robbery is different from robbery committed in a highway in that in the former the victim is not: a. Preconceived. b. Arbitrary. c. Indiscriminate. d. Isolated.
116. Malicious mischief is destruction of property which is not _______________ and the means used is not ________________. a. b. c. d.
Mail matter and by tearing Dwelling and occupation Large cattle and fire Vehicle and carnapping
117. Status crimes refers only to: a. b. c. d.
Crimes committed by minors Crimes committed by adults Crimes committed by males Crimes committed by females
118. Juveniles who commit crimes are classified into: a. b. c. d.
Children in conflict with the law Children at risk Both A and B Over 15 and under 18
119. Suspension of sentence is available to a minor delinquent a. b. c. d.
If he acted with discernment If he agreed to a diversion program If he is still a minor when sentence is promulgated Even if he is no longer a minor when sentence is promulgated
120. W hen the crime committed by the convict is penalized with death. a. b. c. d. e.
The penalty shall be reduced to reclusion perpetua The penalty shall be suspended The convict shall be given reprieve The penalty shall be life imprisonment The penalty shall be either reclusion perpetua or death penalty depending upon whether the law violated is penalized under the revised penal code or special law not using the nomenclatures under the revised penal code.
121. Over what offenses are persons below 18 years exempt from criminal prosecution? a. b. c. d.
Vagrancy and prostitution under Article 202 0f the Revised Penal Code Mendicancy under P.D No. 563 Sniffing of rugby under P.D. No. 1619 All of the above such prosecution being inconsistent with the United Convention on the Rights of the Child
122. May a person charged with homicide by stabbing be convicted when the cause of death was drowning?
a. No, because it is a hornbook doctrine that an accused cannot be convicted of an offense unless it is clearly charged in the complaint or information.
b. Yes, since it is only the cause of death, which has charged or subsequently discovered the crime is still homicide. c. Yes, because there is no such requirement of law for conviction 123. W hich of the following statements is true? a. The conviction for fencing, which involves moral turpitude, subsists and remains totally unaffected notwithstanding the grant of probation. b. The legal effect of probation is only to suspend the execution of the sentence. c. Only A is correct d. A and B are correct
124. May a convict who appealed his conviction still be qualified for probation? a. Yes, there is no prohibition provided by law. b. Yes especially if an appeal is taken solely to reduce the penalty (in order to qualify for probation). c. No, Section 4 of the Probation Law clearly mandates that no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. 125. W hat damages are recoverable from death arising from the commission of crime? a. b. c. d.
Civil indemnity ex delicto and actual damages Moral and exemplary damages Attorney’s fees, expenses of litigation and interest in proper cases All of the above
126. May moral damages be additionally awarded in case of rape or acts of lasciviousness without need of proof? a. Yes, it is assumed that the victims suffered damages. b. Yes, because it is the proper thing to do c. No, because it is indispensable that damages suffered must be proved. 127. W hich of the following Statements is true? a. The reviewing tribunals cannot correct errors which are unassigned in the appeal. b. An appeal in a criminal case opens the entire case for review. c. The reviewing tribunal can reverse the lower courts decision on ground other than those the parties raised as errors. d. Both B and C are correct 128. W hich of the following is a correct statement? a. Motive is generally held to be immaterial because it is not an element of the crime. b. Motive becomes important when the evidence on the commission of the crime is purely circumstantial or inconclusive. c. Only A is correct. d. Both statements are correct. 129. W hat is not an objective of Probation law? a. To promote correction and rehabilitation of the offender by giving him individualized treatment. b. To provide a better opportunity for the penitent offender to reform c. To promote further commission of crimes as he is placed under the supervision of probation officer d. To decongest our jails 130. The following are the other kinds of plurality of crimes where a single penalty is imposed. Which is not included? a. b. c. d.
Composite crimes or special complex crimes Continued crime or delito continuado Continuing crimes or transitory crimes Simple crime
131. W hat is the effect when one of the crimes in information charging complex crimes is not proved? a. He will not be convicted of any crime b. The accused can be convicted of the other. c. The case will be dismissed
132. W hen may the employer’s subsidiary civil liability be enforced? a. b. c. d.
When the judgment of conviction becomes final When the judgment of conviction is rendered When the convicted employee is insolvent When the judgment of conviction becomes final and convicted employee is insolvent
133. Is verbal notice of dishonor sufficient in B.P. 22 cases? a. Yes, a mere oral notice or demand to pay would appear to be sufficient for conviction under the law. b. No, the notice of dishonor must be in writing, a verbal notice is not enough. c. Answer not given 134. If the drawer or maker is an officer of the corporation is notice of dishonor to said corporation sufficient? a. No, the notice of dishonor to the said corporation is not notice to the employee or officer who drew or issued the check for and in its behalf. b. Yes, the demand on the corporation constitutes demand on the officer or employee. c. Yes, constructive notice to the corporation is enough to satisfy due process. 135. May the principle of delicto continuado be applied to special law? a. No, unless the special law so provides. b. Yes, since under Article 10 of the Revised Penal Code, the Code shall be supplementary to special laws. c. No, it strictly applies to crimes punished by the Revised Penal Code, 136. W hich of the following is a continuing crime? a. b. c. d.
Rebellion, insurrection and conspiracy and proposal to commit such crimes Squatting and violation of BP 22 None of the above All of the above
137. W hich of the following statement is FALSE? a. Probation is a mere privilege not a right b. Its benefits can extend to those expressly excluded c. Probation is not a right of the accused but rather an act of grace and clemency or immunity conferred by the state which may be granted by the court. 138. The following are the causes of partial extinction of criminal liabilities. Which is excluded? a. b. c. d.
Conditional pardon Commutation of sentence Good conduct allowance Absolute pardon
139. W ho owes allegiance to the Philippines? a. b. c. d.
A citizen or subject who owes permanent allegiance A foreigner who owes temporary allegiance Only government employees Both A and B
140. W ho are the persons authorized by law to expel or compel persons to change abode? a. People from NBI and Bureau of Customs b. Only the president of the Philippines and the courts after final judgment sentencing the accused to destierro or as a condition in his probation c. Both A and B d. Answers not given
141. Can direct assault be committed during rebellion or sedition? a. b. c. d.
Yes, otherwise offenders will be freed from liability No, because direct assault requires that there should be no public uprisings. Yes, there is no qualification in the law. Answer not given
142. W hat variant crimes can arise from discharge of fire arms? a. b. c. d. e.
Alarms and scandals Threat Grave coercion All of the above None of the above
143. W ho is the offender in Article 156 or delivery of Prisoner from jail? a. The offender is a person who is not the Custodian of the prisoner at the time of the commission of the offense b. The Custodian of the prisoner c. Any policemen 144. Is good faith a defense in falsification? a. Yes, there is no falsification of a public document if the acts of the accused are consistent with good faith b. Yes, as a liberal interpretation of criminal law in favor of the accused c. No, since misstatements or erroneous assertions in a public document will give rise to falsification even if it is made in good faith. 145. W ill the use of another name in a particular instance constitute use of an alias? a. Yes, since the law does not distinguish b. No, as an application of the doctrine that criminal laws shall be interpreted in favor of the accused c. No, since the use of a fictitious name or a different name belonging to a single person in a single instance without any sign or indication that the user intends to be known by this name in addition to his real name from that day forth does not fall within the prohibition contained in CA No. 142. 146. W hich of the following is not true regarding the significant changes brought about by R.A 9165 or the Comprehensive Dangerous Drugs Act of 2002 a. The penalty is no longer based on the quantity involved except in the case of possession b. The penalties under the special penal laws such as life imprisonment are revived and the nomenclatures of the Revised Penal Code were deleted from the law. c. Use of Dangerous Drugs under Section 15 now does not have graduated penalty 147. Is the plunder law void for being vague? a. No, since it contains ascertainable standards and well defined parameters which would enable the accused to determine the nature of his violation b. Yes, since there are some unexplained terms c. Yes, since it did not explain difficult words used. 148. W hat kind of crime is Plunder? a. Malum Prohibitum since it is covered by special law b. Malum in se because the legislative declarations in RA 7659 that plunder is a heinous offense implies that it is a malum in se. c. Answer not given
149. W hich of the following is TRUE? a. Preventive suspension is a penalty b. Preventive suspension is a result of judicial proceeding c. If acquitted, the official concerned shall be entitled to reinstatement and to the salaries and benefits which he failed to received during the suspension 150. In the case of parricide, if the information failed to mention that the offender and the offended party are married can the former be convicted to parricide? a. No, that will violate his right to information of the nature of the charge against him b. Yes, the same can be proved even during the trial. c. Yes, since the same is not required by law. 151. Legislative acts which prohibit certain acts and establish penalties for their violations are a. b. c. d. e.
Penal laws Contained in the Revised Penal Code Public laws Remedial laws Substantive laws
152. The following cannot have retroactive application: a. Law which makes the penalty for offenses heavier than when committed b. Law which alter the rules of evidence so as to make it substantially easier to convict a defendant. c. Statute that deprives accused of some lawful protection to which he has become entitled, such as a proclamation of amnesty. d. The law directing the suspension of public officer when a valid information has been filed against him before the court. 153. It is the belief of its proponent that penal laws should be directed against the actual or potential wrongdoer and that opportunism and materialism should not be encouraged. a. b. c. d. e.
Positivist theory Classical Theory Ecclectic Theory Juristic Theory Utilitarian Theory
154. Crimes mala prohibita are: a. b. c. d. e.
Generally embodied in the Revised Penal Code Punishable with life imprisonment and never with reclusion perpetua Always wrong acts hence should be penalized Generally not required to be attended by malice and evil intent Heinous crimes
155. Under the positivist or realistic theory, the penalty to be imposed on the convict should be a. For the purpose of reforming the convict b. Should be equal to the crime committed without regard to the personal attribute of the offender c. Predetermined on the basis of the gravity of the offense d. Not mitigated by the factors like the social and behavioral environment of the convict
156. Conspiracy is not a crime but a means to incur criminal liability a. The statement is false because there are conspiracies especially punished by law b. The statement is false because conspiracy can be both a crime and a means of incurring criminal liability c. The statement is absolutely true d. The statement is false because conspiracy is an aggravating circumstance e. The statement is false because conspiracy is qualifying circumstance 157. Justifying and exempting circumstances allow the actor to escape criminal liabilities. Aside from these circumstances, other factors likewise prevent the incarceration of a wrongdoer except for: a. b. c. d. e. f.
Probation Absolutory cause Mistake of fact Absolute pardon Amnesty Indeterminate Sentence Law
158. Sufficient provocation as an element of self defense and as a mitigating circumstance are differentiated as follows: a. As an element of self defense, there must be sufficient provocation on the part of the offended party b. As a mitigating circumstance, sufficient provocation must come from the offender c. As an element of self defense, there must be no provocation on the part of the offended d. As a mitigating circumstance, there must be sufficient provocation on the part of the offended party; the exact opposite must obtain in self defense e. Sufficient provocation in either case must be absolutely lacking 159. Pursuant to R.A. No. 9344, a minor less than 18 years old can be absolutely exempt from criminal liability a. b. c. d. e.
If he acted without discernment although he is 17 years old If the minor committed an offense which is victimless If the minor is mentally retarded If the minor admits his crime voluntarily If the offended party pardons the minor
160. Because crimes require criminal intent, the act is not criminal a. b. c. d. e.
When the mind is not criminal When the crime is malum prohibitum If the offender is illiterate When the offender acted negligently When the offender is suffering from schizophrenia
161. Motive is not relevant in the following cases except: a. b. c. d.
When the identity of the accused is certain. When direct evidence in the case obtains. When the act brings about variant crimes When credible eye witnesses point to the accused as the offender
162. The following statement on the relationship between the Revised Penal Code and special penal laws are true: a. The Revised Penal Code shall have suppletory effect on special penal laws unless the latter shall specially provide the contrary. b. The offenses punished under special laws are not subject to the provisions of the Revised Penal Code c. The Revised Penal Code shall have suppletory effect on special penal laws when it uses the nomenclature of penalties under the former. d. The Revised Penal Code shall have suppletory effect on special penal laws when the court is given discretion in the application of penalties. 163. W hich of the following is not true: Armed men who participate in the commission of a felony: a. Are principal offenders when they are members of a band b. Are accomplices when they aid the principal offender in the commission of a felony c. Have greater criminal liability for being members of organized crime syndicate formed for the commission of crimes for economic gains d. Are liable for robbery with homicide qualified by band pursuant to Article 294 subdivision 1 in relation to Articles 295 and 296 of the Revised Penal Code 164. Penalties under the Revised Penal Code are imposed on the principal offenders and in the consummated stage. They are classified into principal penalty which must be expressly stated in the dispositive portion and accessory penalty which follow the principal penalty to which it is attached by operation of law. a. Both statements are true b. The first statement is true and the second is false because the accessory penalty must also be expressly stated in the decision c. The second statement is true but the first is false because there are penalties imposed on the accessory and the accomplice d. Both statements are false because there are penalties imposed on the accessory and the accomplice and accessory penalty must also be expressly stated in the decision 165. Habitual delinquency and recidivism are similar in that: a. b. c. d.
Both are generic aggravating circumstance Both increase the penalty to the maximum period Both require the commission of the same offense at least thrice They require the commission of felonies in the same title such as robbery and estafa under Crimes against Property and serious and less serious physical injuries under Crimes against Persons
166. Special complex crimes and complex crimes may be compared as follows: a. Special complex crimes are especially provided for under Book II of the Revised Penal Code by specifying the crimes composing the indivisible felony and the penalty therefor; Article 48 on complex crimes gives the general rules on what crimes can be complexed and the penalty shall be for the most serious in the maximum period b. Both specie of crimes can be committed by negligence c. In special complex crimes when one of the composite crime is not proved, the accused cannot be convicted of the other d. In complex crimes, the “excess” crimes committed are absorbed so that forcible abduction with multiple rapes constitute only one offense 167. W hich of the following is not a requirement for the employer to be civilly liable for the crime of his employee? a. The judgment of conviction must be final and executory b. The employer-employee relationship is proved c. The convict is insolvent d. A hearing for the purpose of determining whether or not the employer is civilly liable has been held
168. The rule which allow a crime to be committed without criminal intent is called: a. b. c. d. e.
Res ipsa loquitor Actus non facit reum nisin mens sit rea Quid pro quo Ex post facto Malum prohibitum
169. A crime committed outside the Philippine territory is not triable in the Philippines because Philippine criminal law a. b. c. d. e.
Adheres to the generality principle Prohibits retroactive application of penal law Is subject to treaties and laws of preferential character Subscribes to the law of nations Is territorial in character
170. The death penalty cannot be imposed on a accused who committed a heinous crime because a. b. c. d. e.
Congress has enacted R.A. 9346 which prohibits its imposition The Philippine Constitution prohibits its imposition Death penalty is inhuman The Philippine is a part of Christendom Philippine judicial system is defective
171. W hat is the effect of R.A. 9346 banning the imposition of the death penalty on the penalty for accomplices and accessories or for attempted or frustrated felonies punished by death penalty? a. The penalty for the accomplice in the consummated felony punished by death shall be the same as the principal (reclusion perpetua) for R.A. 9346 only affected the principal offender whose penalty is death. b. The penalty for the frustrated felony punished by death shall be the same as for the consummated because R.A. 9346 only affected the consummated felony punishable by death. c. Two degrees lower than death penalty or reclusion temporal shall be imposed on the attempted stage pursuant to Article 71 (graduation of penalties) in relation to Article 61 (rules for graduating penalties). d. The penalty shall be reclusion perpetua for the principal offender in the consummated stage and one or two degrees lower for the frustrated or attempted stage and for the accomplices or accessories should be counted from reclusion perpetua which is the actual penalty imposed on the principal. 172. Self defense is a justifying circumstance whereas accident is an exempting circumstance a. b. c. d. e.
The statement is true because the act of the actor is legal The statement is false because accident is a justifying circumstance The statement is false because self defense is a mitigating circumstance The statement is false because both are alternative circumstances The statement is true because Articles 11 and 12 respectively provides so
173. The phrase aggravating circumstance can have both liberal and strict construction, thus: a. Aggravating circumstance is strictly construed if the crime committed is against persons b. It is liberally construed if the crime committed is against property c. It is strictly construed if it will raise the penalty to death and consequently shall only be exclusively taken from Article 14 d. It is liberally construed to include all kinds of aggravating circumstance
174. W hich of the following is/are granted in addition to the civil indemnities granted to the victim of a crime and/or his heirs when such is attended by qualifying circumstances: a. b. c. d.
Indemnity for the mere fact of commission of crime such as rape or killing Loss of earning capacity of the victim in case of killing Actual damages such as hospitalization and funeral expenses Support to those who are not compulsory heirs of the victim whom he is obliged to support for not more than five years e. Moral and exemplary damages to the victim and/or his heirs for moral suffering caused by the crime 175. The husband who has sexual intercourse with a married woman can be liable for adultery and concubinage for the same act. a. True because his act offends against two provision of the law and against diffeent offended parties - his wife and the husband of the married woman b. False because that will violate the constitutional proscription on double jeopardy c. True because his act is contrary to morality d. False because the adultery is a crime by the married woman e. True because the two provisions on adultery and concubinage are separate and distinct from one another. 176. One of the following is not entitled to the benefits of Indeterminate Sentence Law a. Those who are sentenced to a maximum penalty not exceeding one year b. Where the offense committed is punished by death or life imprisonment c. Where the penalty imposed is the single indivisible penalty of reclusion perpetua pursuant to Article 63 of the Revised Penal Code d. Recidivist and those on parole e. Habitual delinquents 177. W hich of the following statement is true as regards the Indeterminate Sentence Law (ISL) and Probation Law (PL) a. b. c. d. e.
Probation is a privilege whereas ISL is mandatory ISL does not require imprisonment for the convict whereas PL does ISL disqualifies second time offenders which is not true with the PL ISL is available even if the penalty is fine only whereas PL is for prison sentence only Habitual delinquents are not disqualified for both PL and ISL
178. Qualifying circumstance for murder not pleaded but proved is considered as generic aggravating a. The statement is true due to the amendment in the Revised Rules of Court b. The statement is false because this is prejudicial to the accused c. The statement is partially true because only in case of death penalty shall the rule apply d. The statement is partially false because it is the Revised Penal Code which made the amendment e. The statement is true but not because of the amendment of the Revised Rules of Court 179. There are four kinds of aggravating circumstances. One of them is a. Organized crime syndicate b. Ordinary circumstance c. Qualifying circumstance d. Privileged circumstance
180. Prior to R.A. 9346, there are how many ways of imposing the death penalty? a. Only one, for heinous crimes under R.A. 7659, the death penalty law b. Three ways, Under R.A. 7659, under the Revised Penal Code and under other special laws c. Four ways, under the three in letter (b) above, and under the Constitution d. No way, for the President has always reprieved the convict or reduced his penalty to life or reclusion perpetua e. Two ways, via death as an independent penalty pursuant to R.A. 7659 or thru the ranged penalty of reclusion perpetua to death under the Revised Penal Code 181. The three fold rule is a beneficial mode of computing the penalty to be served by the convict when there are several penalties imposed which cannot be served simultaneously. The rule operates as follows: a. The judge shall sentence the accused to three times the most severe of all the penalties imposable on the convict b. To prison director shall add up all the penalties imposed on the convict and compare the same to three times the most severe penalty. The convict shall serve the lesser of the two which shall in no case exceed forty years. c. The judge shall sentence the accused to forty years in prison when all the penalties imposable on the convict shall exceed forty years d. The court shall multiply the most severe penalty by 4 and impose on the convict whatever is the result of such. 182. A complex penalty is a. The penalty on the person guilty of a complex crime b. A penalty composed of three distinct penalties the lowest of which shall be the minimum, the next higher the medium and the highest the maximum. c. The penalty on compound crimes d. The penalty on special complex crime e. The penalty on continued and continuing crimes 183. Under R.A. 9344, the minor in conflict with the law who is adjudged criminally liable can avail of suspended sentence a. b. c. d.
If he acted with discernment If he agreed to a diversion program If he is still a minor when his sentence is promulgated Even if he is no longer a minor when his sentence is promulgated
184. Status offenses refers only to: a. b. c. d. e.
Crimes committed by minors Crimes committed by adults Crimes committed by males Crimes committed by females There is no such crime
185. Robbery with serious physical injuries requires that the injury inflicted be one that is punished under: a. Article 264 on serious physical injury by administering injurious substances b. Article 263 on serious physical injury by wounding, beating or assaulting c. Article 265 on less serious physical injury d. Article 262 on mutilation e. Article 265 on slight physical injury 186. Theft is qualified when: a. There is abuse of confidence or taking advantage of the occasion of calamity b. What is taken is official document c. The thing taken is mina bird or other endangered species d. The offender is a clerk of a trading company e. The thieves are armed with unlicensed firearm
187. Possession or use of unlicensed firearm shall have the following effects except for one: a. It shall be absorbed in the commission of rebellion, insurreccion, sedition, attempted coup d’etat b. It shall aggravate the crime of homicide or murder c. It shall not be charged as a crime if any other crime involving such licensed firearm is committed d. It shall be aggravated by the fact that the offender is under the influence of drugs. e. It shall aggravate the crime of robbery with homicide. 188. Custodial investigation requires that the inquiry by peace officers shall be inculpatory against the a. b. c. d. e.
Subject of criminal investigation Suspect in the commission of a crime Accused in a criminal case Detention prisoner Fugitive from justice
189. When acts of violence by the offender hastened the death of a person who has a lingering heart ailment: a. The offender shall be liable for serious physical injuries b. The offender shall be liable for reckless imprudence resulting to homicide c. The offender shall be criminally liable because his act is the proximate cause of the death of the victim d. The offender shall not be criminally liable because the heart attack is an efficient intervening cause e. The offender shall be criminally liable because his act is the direct cause of the death of the victim 190. Voluntariness as an element of a felony is true only when the crime is: a. dolo by performing an act with deliberate intent b. dolo by omitting to perform an act required by law c. culpa d. a malum prohibitum e. all kinds of crime where the offender has intelligence and freedom of action f. 191. The following is not a heinous crime: a. b. c. d. e.
Qualified piracy and qualified mutiny Highway robbery where the victim is killed Incestuous rape of a child under 18 Robbery with homicide Destructive arson resulting to homicide
192. The following crimes preclude the filing of a separate charge for the second offense committed in the course or as a result of such crimes: a. Violation of domicile when the warrant of arrest was obtained maliciously b. Abandonment of a child under 7 years old when the child suffers physical injury as result. c. Bribery resulting to falsification of public documents when the public officer agreed to issue a false certification in consideration of the consideration given by the corruptor d. Falsification of private document to facilitate the commission of estafa 193. A child at risk is one who: a. Committed an intentional felony b. Was raised in a family of drug traffickers c. Is under 15 yrs of age d. Is over 15 but under 18 who committed a crime e. Is raised in a dysfunctional environment and/or household which makes him prone to commit a crime
194. Piracy under the Revised Penal Code and piracy under P.D. 532 are both good laws and co-existing independently. The distinction between the two is mainly that: a. Under the RPC, piracy is triable only in the Philippines whereas under P.D. 532, it is triable by any country. b. The RPC recognizes that piracy can be committed by any person even if members of the complement or passenger; in P.D. 532 it is committed only by the complement of the vessel. c. P.D. 532 declares that the offense can be committed by any person even if members of the complement or passenger in Philippine waters. In the RPC it should be committed by those who are not members of the complement or passenger in Philippine waters or in the high seas. d. P.D. 532 makes the act punishable if committed in any body of water whereas RPC makes it punishable if committed in Philippine waters only. 195. Between acts of lasciviousness and attempted rape, the distinction is a. In the intent to penetrate the female organ and offender actually commenced to force his penis into the complainant’s sexual organ to make a case of attempted rape b. In attempted rape, overt acts showing indubitably that there is introduction of the penis into the aperture of the female organ thereby touching the labia of the pudendum c. AOL can be against both male and female whereas attempted rape can only be against a female d. In attempted rape the victim can be under 12 whereas in AOL the victim should always be over 12 196. Between consented acts of lasciviousness and acts of lasciviousness: a. AOL can be against male or female and the age does not matter as long as it is under circumstances of rape b. Consented AOL can be both against male or females and under circumstances of seduction c. Consented AOL requires that the offended be over 12 but under 18 and committed under circumstances of rape d. AOL can only be against a female who should be over 12 but under 18 e. AOL can be both against male and female who should be over 12 but under 18 197. To what component of criminal law is express and implied repeal relevant? a. b. c. d. e.
Territoriality Generality Irretrospectivity Bill of attainder Equal protection of the law
198. W hich of the following cannot be committed by culpa? a. b. c. d.
Arson Intentional abortion, malicious mischief, estafa and mutilation Homicide Serious physical injuries
199. Between grave threat (GT) and grave coercion (GC), the difference is: a. In GT, the wrong threatened is future and conditional whereas in GC it is direct, immediate and personal b. In GT, the wrong threatened is always a crime which is not so in GC c. In GT, there is always a condition which is not so in GC d. GT cannot be done by means of an intermediary or in writing whereas GC can be e. GT allows the court to impose bond to keep the peace which is not available in GC
200. If a person tested positive for drug use and is also in possession of drugs sold, he shall liable for: a. b. c. d. e.
Separate crimes of illegal possession and use of dangerous drugs Use of dangerous drugs only and illegal possession is absorbed Compound crime of illegal possession and use of dangerous drugs Complex crime of illegal possession of prohibited and regulated drugs Illegal possession of dangerous drugs only
201. Between robbery with violence against or intimidation of person (VAIP) and robbery with force upon things (FUT), the difference lies in that: a. The penalty for robbery with VAIP is based on the result of the force, violence or
intimidation employed whereas in robbery with FUT, the penalty is based on the value of the thing taken b. When both VAIP and FUT are present in the robbery, the penalty shall be always for the robbery with VAIP notwithstanding that the penalty for the robbery with FUT would have been higher c. Robbery with FUT is always committed in a dwelling whereas with VAIP can be committed in a highway d. In robbery with FUT, the penalty is always lesser than in robbery with VAIP 202. In the crime of libel, truth of the imputation is not a defense if: a. The imputation is against a public officer and the same relates to his public function. b. The imputation relates to a crime against any person c. The imputation is against a public figure and the offender shows good motives and justifiable ends in making the imputation d. The offended party is a private person and the offender has not shown good motives and justifiable ends in making the imputation 203. The “rule of actual malice” in libel requires that: a. T h e s t a t e m e n t m u s t b e m a d e w i t h a c t u a l m a l i c e — t h a t i s , w i t h k n o w l e d g e t hat it was f als e or wi t h r ec k les s dis r eg ar d of whet her it was f als e or not b. A rule placing on the accused the burden of showing the truth of allegations of official misconduct and/or good motives and justifiable ends for making such allegations c. The statement should not be absolutely privileged statement d. The statement should not be made in a judicial or parliamentary proceeding 204. The Anti-fencing Law {PD 1612} covers: a. b. c. d.
Proceeds of theft or robbery only Proceeds of estafa and syndicated crimes only Also proceeds usurpation The fruit of all crimes involving gain to the offender
ANSWER KEY IN CRIMINAL LAW 1. A 2. D 3. E 4. A 5. C 6. C 7. A 8. C 9. D 10. A 11. D 12. E 13. E 14. A 15. A 16. A 17. D 18. E 19. E 20. B 21. E 22. A 23. C 24. D 25. C 26. C 27. E 28. D 29. B 30. A 31. A 32. B 33. C
34. A 35. C 36. B 37. B 38. A 39. B 40. C 41. D 42. D 43. D 44. E 45. E 46. A 47. D 48. E 49. C 50. A 51. C 52. E 53. C 54. D 55. D 56. B 57. C 58. D 59. A 60. C 61. C 62. D 63. B 64. C 65. C 66. C
67. D 68. B 69. B 70. B 71. A 72. B 73. B 74. B 75. B 76. D 77. B 78. A 79. F 80. A 81. D 82. E 83. E 84. C 85. B 86. B 87. E 88. D 89. A 90. B 91. A 92. A 93. B 94. C 95. D 96. B 97. A 98. E 99. D
100. B 101. B 102. A 103. B 104. B 105. B 106. B 107. A 108. A 109. B 110. A 111. A 112. C 113. A 114. B 115. A 116. C 117. A 118. C 119. D 120. E 121. D 122. A 123. D 124. C 125. D 126. A 127. D 128. D 129. C 130. D 131. B 132. D
133. B 134. A 135. B 136. D 137. B 138. D 139. D 140. B 141. B 142. D 143. A 144. A 145. C 146. C 147. A 148. B 149. C 150. A 151. A 152. D 153. E 154. D 155. A 156. B 157. F 158. D 159. A 160. A 161. C 162. C 163. D 164. A 165. D
166. A 167. D 168. E 169. E 170. A 171. D 172. E 173. C 174. E 175. A 176. D 177. A 178. A 179. C 180. E 181. B 182. B 183. D 184. A 185. B 186. A 187. E 188. B 189. C 190. E 191. B 192. D 193. E 194. C 195. A 196. A 197. C 198. B
199. A 200. E 201. A 202. D 203. A 204. A
