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

. Which of the following is not a limitation on the power of the legislative to enact penal laws? a. !rohibition against "ill of #ttainders or Ex$post facto law. b. E%ual !rotection of the law c. !rohibition against cruel& degrading& or inhuman punishment or imposition of excessive fines. d. #bridgment of the obligation of contract. '. Which of the following is not a characteristic of penal law? a. b. c. d. e. (enerality Territoriality !rospectivity )etroactivity when favorable to accused #d*ective or )emedial

+. Which rule on *urisdiction over crimes committed on foreign vessels while on !hilippine waters is not followed in the !hilippines? a. The ,rench )ule - The crimes are not triable in the !hilippines unless the crimes affect the peace and security& or safety of the !hilippines is endangered. b. The #nglo$#merican )ule or the English )ule - the crimes are triable in the !hilippines unless the crimes affect merely the internal management of the vessel. c. .f the foreign vessel is a warship& !hilippines Courts have no *urisdiction because a warship is an extension of the country to which it belongs and it is not sub*ect to the laws of another state. d. The !hilippines Courts have *urisdiction to try continuing crimes committed in a vessel sailing from a foreign port into !hilippines waters& even if the crimes are not punishable in the foreign country were the vessel comes from the crimes are punishable under !hilippine laws. /. When does the repeal of penal law not extinguish crime? a. The repeal of a law under which there is pending case against the accused at the time of repeal. b. The repealing law wholly fails to penali0e the acts defined and penali0ed in the repealing law. c. .mplied repeal or repeal by re$enactment. 1. #n escaped prisoner& then armed with a bamboo lance& was as2ed by a policeman to surrender& refused to do so and instead answered the latter with a stro2e of his lance& the policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner& .s the act of the policeman on resorting to extreme means will always be *ustified? a. 3es& since an arresting officer is re%uired to act within the performance of his duty& he must stand his ground and cannot& li2e a private individual& ta2e refuge in fight& his duty re%uires to overcome his opponent4 b. 5o& it was provided under the )ule of Court that no violence or unnecessary force shall be used in ma2ing an arrest. Such provision accepts no exception4 c. .t depends& the reasonableness of the force employed by the arresting officer must be ad*udged 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 2nowledge would have deemed necessary under the circumstances.

6. Which of the following is not a source of criminal law? a. The Constitution b. #cts of legislature c. !residential 7ecrees and Executive 8rders issued by 9arcos during 9artial :aw& and by Cory #%uino during her )evolutionary (overnment. d. .mplementing rules and regulations providing a penalty as authori0ed by the basic law. ;. Which of the following is an absolutory cause? a. b. c. d. e. f. #berratio ictus !raeter intentionem 9ista2e of fact !roximate cause Error in persona .mpossible crime

<. Which of the following is a crime malum in se? a. 8ffenses punished by the )evised 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. .llegal possession of firearms c. >iolation of "! for issuing a bouncing chec2 d. 8ffenses defined and punished by the )evised !enal Code. e. Carnapping :aw f. 7angerous 7rugs :aw 1?. The )evised !enal Code @)!CA 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& Bowever& there are some articles in the )!C that are positivistic in orientation intended to curb the dreadful and dangerous tendencies of the individual. Which of the following articles in the )!C does not pertain to the !ositivist School? a. #rticle +& )!C - impossible crimes b. #rticle 1'& paragraph 6& )!C - on the mitigating circumstances of voluntary surrender and plea of guilty. c. #rticle 11& paragraph 1& )!C - 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 9onopolies and combination in restraint of trade

1 . Which of the following is not a *ustifying circumstances? a. b. c. d. e. f. g. h. Self$defense 7efense of property 7efense of honor 7efense of relatives #ccident #voidance of greater evil or in*ury "attered woman syndrome 7efense of strangers

1'. Which of the following is not an exempting circumstances? a. b. c. d. e. f. g. h. i. .mbecility .nsanity .nsuperable cause 9inor exactly < years old at the time of the commission of the offense Entrapment .rresistible force .mpulse of Cncontrollable fear .nstigation #ccident

1+. Which of the following is not ordinary mitigating circumstances? a. b. c. d. e. f. g. h. i. *. .ncomplete self$defense& incomplete defense of relatives and strangers .llness that diminishes the exercise of will power :ac2 of intent to commit so grave a wrong Sufficient provocation .mmediate @proximateA vindication of a grave offense !assion or obfuscation >oluntary surrender >oluntary plea of guilty Confession of guilt "eing deaf and dump or blind

1/. Which of the following is not a privileged mitigating circumstances? a. b. c. d. e. f. .ncomplete self$defense& incomplete defense of relatives and strangers The 8ffender is 1; years old Schi0oprenia #rticle //& )!C - concealment of honor of the mother in infanticide #rticle 1;& )!C $ voluntary release of a person detained within ' days without the accused attaining his purpose and before institution of criminal action. #rticle '''& )!C - un*ustified abandonment of the spouse in the crime of adultery

11. .nsult may not be appreciated as a re%uisite for4 a. b. c. d. Cnlawful aggression in self defense and defense of relatives and strangers !assion and obfuscation as a mitigating circumstance >indication of a (rave offense as a mitigating circumstance Sufficient provocation as a mitigating circumstance

16. .n 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 offense4 a. b. c. d. Ta2ing advantage of official position .n contempt of or with insult to public authorities :ac2 of regard due to offended party by reason of ran2 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.

1;. Which of the following aggravating circumstances may not be appreciated in crimes against persons? a. Evident premeditation b. Treachery c. #buse of Superior Strength d. 9eans employed to wea2en the defense e. #bused of official position f. .gnominy g. Cruelty h. !rice& )eward or promise i. 7welling *. ,raud& craft and disguise

7irect cause . e. What is meant by the term Dmens reaE? a. e. d. c.1<. g. !roximate cause means4 a. b. the motive in committing the crime b. d. d. b. e.ntoxication 7egree of .nstruction and education of the offender #ll of the above criminally liable for felonies? 1. b. c. f. Which of the following is not an alternative circumstance? a. d. !arental authority (uardianship of the person or the property of the ward 9arital #uthority 9anagement of his property )ight to dispose of his property by any act or conveyance mortis causa )ight to dispose of his property by any act or conveyance inter vivos . c. Which of the following is not an accessory penalty? a. no intent to commit so grave a wrong good faith in the commission of the crime no malice in committing the crime unlawful intent /. e. the reason of the offender in committing the crime e. b. Suspension from public offices& profession or right of suffrage Civil interdiction . e. f. d. the efficient cause uninterrupted by any supervening event without which the result would not have occurred d. Evident premeditation !rice& )eward or !romise Treachery Cse of !oison 7welling& 5ightime and sex of offended Cse of motor vehicle Cse of Explosion ?. c.ndemnification !ayment of costs !erpetual or temporary absolute dis%ualification !erpetual or temporary special dis%ualification +. the unlawful intent in committing in committing the crime c. c. #bsolutely exempt from criminal liability )elatively exempt from criminal liability En*oys privileged mitigating circumstance Extenuating circumstance #bsolutory cause '. Which of the following aggravating circumstances does not %ualify the 2illing of homicide to murder? a. Which among the following is not included in civil interdiction a. d. c. b. # minor < or under is a. f. b. )elationship #ge .

c.s under 1/ yrs of age . b. d.ndeterminate Sentence :aw !robation :aw ' . !rincipal only #ccomplices only #ccessories only !rincipal and #ccomplices only. 9inimum !eriod 7egree . d. <. d. c. who committed a felony with discernment # child who is alleged as& accused of& or ad*udged as& having committed an offense under !hilippine laws. b. .rretrospectivity "ill of attainder . b.s over 1/ and under 1. the offender is under the influence of drugs the offender is under the influence of li%uor the imprudence results in the commission of a consummated felony or crime the felony is attempted the felony is frustrated 6. c. 7eprivation of cognition Cnder the compulsion of an irresistible force 9ista2e of fact 9ista2e of identity '1. d. Fuasi$recidivist )ecidivist Babitual criminal Babitual delin%uent ''. c. e. d. b.n mala prohibita& the criminal liability of the offender is determined by his a. c. Committed an intentional felony Was raised in a family of drug traffic2ers .n light felonies the following are criminally liable a. b. #n ordinary mitigating circumstance reduces the penalty only to the a.. b. )ec2less imprudence is a crime only when4 a. What component of criminal law is express and implied repeal relevant? a. To overcome intelligence as an element of criminal liability one has to prove a. e. c. criminal intent intent to perpetrate the act negligence& lac2 of foresight& lac2 of s2ill ignorance of the law mista2e of fact '?. When the aggravating circumstance of recidivism is present in the commission of a crime& the offender is called a a. e. b. . d. # child in conflict with the law is one who4 a.1. c. . b. d. c. Territoriality (enerality . d.

mmoral doctrines Sedition Cnfair competition +1. c. >icarious civil liability means a. The dangerous tendency rule and the clear and present danger rule is relevant in the discussion of the crime of a.'+. 5ot a penalty # principal penalty Subsidiary penalty )emedial measure #ccessory penalty '/. d. The pecuniary liabilities of the offender under the )evised !enal Code should be prosecuted a. e. Gudge deciding the case !rison head holding the prisoner !robation officer "oard of pardon and parole '6. b. DGudicial authorityE in #rticle 1 / of the )evised !enal Code refers to4 a. d. b. b.mpossible crime is punished only when the crime is a. c. b.n the criminal action .rustrated #ttempted >oluntary '<. b. c.n either of the two actions above . .n both of the above actions '1.. #ll of the above . c. The liability of the offender in a criminal case b. . d. Civil liability of the offender and the employer in a criminal case +?.n a separate civil action . c. Civil liability of the employer in a criminal case if the offender is found insolvent c. Supreme Court *ustices c. b. d. d. #rson . Gudges of inferior courts as may be established by law d. The phrase DStand ground when in the rightE means4 aA # person need not retreat against an unlawful aggressor but he is not expected to fight bac2 bA # person need not retreat against an unlawful aggressor but must defend himself by fighting bac2 cA # person attac2ed must retreat but must fight bac2 when caught by his aggressor dA 5one of the above '. Consummated . !reventive imprisonment is a. The *ustices or *udges vested with *udicial power to order the temporary detention or confinement of a person charged with having committed a public offense. The threefold rule under article 6? is addressed to the a.

(athering 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. #ll of the above concurring f.& it must be re%uired by law and must be re%uired to be under oath. d. #& " and C only g. # public officer who receives consideration because of his office. b. d. "y a swift attac2 accompanied by violence& intimidation& threat& strategy or stealth b. What are the ways of committing the crime of illegal assembly? a. # and " f. #rticle <+ @robbery with violence against or intimidation of personA defines and penali0es a. e. # public officer who does an act constituting a crime in consideration of what he will receive d. c. Who are those exempt from criminal liability for theft& swindling and malicious mischief? a. c. # public officer who will refrain from doing what he should do because of what he receives c. d. 8nly brothers and sisters and brothers$in$law and sisters$in$law& if living together. b. +1. # and " e. Bow is the crime of coup d=etat committed? a. . d.+ . . "y any person or persons& belonging to the military or police or holding any public office or employment& with or without civilian support or participation. b. The witness$affiant must have made willful or deliberate assertion of falsehood on a material matter$sub*ect of in%uiry in that case. composite crime or special complex crime complex crime compound crime continuing crime +6. The testimony or affidavit must have been made to comply with a legal re%uirement& i. against duly constituted authorities of the )epublic of the !hilippines& or any military camp or installation& communications networ2s& public utilities or other facilities needed for the exercise and continued possession of power. # public officer who will do an act in consideration of what he will receive. " and C ++. c. (athering of persons any or some of whom are armed for unlawful purpose under the Code. There must be testimony or a statement @affidavitA made under oath b. "& C and 7 only +/. Singly or simultaneously carried out anywhere in the !hilippines.e. What are elements of per*ury? a.ormation of an unlawful association d. e. The oath must be administered by an officer competent to do so because it is essential that the oath be valid. #ll of the above concurring #ny two of the above concurring +'. 8nly 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. # public officer who commits an act not constituting a crime in consideration of what he will receive e. # and C .ndirect bribery is committed by4 a. c. " and C g. Spouses& ascendants and descendants& or relatives by affinity in the same line only b. #& " and C e.

+. #ccessories never ta2e part prior to or subse%uent to the commission of the crime. #nti$fencing :aw H!7 111 I will apply only when the valuable articles proceed from what crimes? a. d.alse. e. . .alse. #n obscure private individual libeled by a columnist in a newspaper. . c. d. !lunder $ )# 6?. +<. b. . . True b. . True b. !ublic officers& famous inventors and explorers& war heroes and even ordinary soldiers& infant prodigy. # 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 !enal Code. Who is not a public figure? a. b. eA 5one of the above /?. c. 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. a. The previous conviction must be by final *udgment.? $ re%uires that the wealth amassed by a public officer amount to a.alse. profession or calling which gives the public a legitimate interest in his doings& his affairs and his character& has become a public personage.alse. c. 8nly to proceeds of theft or robbery 8nly to proceeds of estafa #lso to proceeds of usurpation #ll of the above /1. d. Which of the following is not re%uisite of mista2e of fact? aA That the act done would have been lawful had the facts been as the accused believed them to be bA That the intention of accused in doing the act should be lawful cA That the resulting in*ury is due to the intentional act of the victim dA That the mista2e must be without fault or carelessness on the part of the accused. a. #ccessories have 2nowledge of the crime and participate in commission thereof.alse.alse. c. #ccessories to a crime are those who& with or without 2nowledge of the commission of the crime& and without having participated therein& either as principals or accomplices& ta2e part prior to its commission.alse. d. e. /'. Be is one who& by his accomplishments& fame& mode of living& or by adopting a b. The conviction may either be final or not. 1?? million pesos 6/ million pesos /? million pesos 1'? million pesos / . d. . . # recidivist need not be convicted of the prior crime. The previous conviction need not be of a crime embraced within the same title of the )evised !enal Code as the one for which the accused is on trial.alse. c. The statement more appropriately describes accomplices. #nyone who has arrived at a position where the public attention is focused upon him as a person. e.. Baving been previously charged is sufficient. #ccessories must have 2nowledge of the crime and ta2e part only subse%uent to its commission but not prior thereto in the manner described in the )evised !enal Code. .

True . d. . J& however& did not give alarm nor report to the authorities the commission of the crime. The crime is not committed through abandonment or negligence. .alse because motive being a mental process cannot be proven by evidence. d.alse. . True b.alse. d. . .alse. d.alse.alse& # and " are liable for consummated trespass to dwelling.alse because intent and motive are synonymous.alse& because J 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. 9inority is never a circumstance affecting criminal liability. # person under fifteen does not incur criminal liability because minority is a *ustifying circumstance. /. d. /1.alse& # and " are liable for attempted robbery only because the act of ta2ing out is merely an overt act to commence the crime of robbery.alse& # and " are liable for attempted robbery because the failure to ta2e out the sac2 was due to a cause other than the will of # and ". #ny public officer who& shall appropriate public funds& or property or shall ta2e or misappropriate or shall consent or through abandonment or negligence& shall permit any other person to ta2e such public funds or property& wholly or partially& or shall be guilty of malversation of public funds or property. a./+. 9inority is a mitigating circumstance.alse. c. . J and 3 after brea2ing the wall of the bodega through which they entered the same& removed a sac2 of sugar from the pileK but they were caught in the act of ta2ing it out through the opening on the wall. d.alse& # is liable for the crimes of illegal discharge of firearms and homicide. . c. True b. .alse& because J is liable for the crime of failure to report commission of a felony.alse& J is a principal by indispensable cooperation.alse& because motive is not a re%uisite of felonies committed by means of dolo. True b. 9inority is an exempting and not *ustifying circumstance..alse& # is liable for the complex crime of attempted homicide and rec2less imprudence resulting in homicide. b. J is an accomplice in the crime of arson. .alse. . . //. a. True . . b. . J was present at the scene of the crime and witnessed 3 set fire to a house. True . e.alse. . b. # and " are liable for consummated robbery. a. c.alse. a. .alse& # is liable for the crime of homicide only because " was not in*ured. The public officer should be one accountable for public funds or property. /6. e. c. # shot "& but missed and instead hit and 2illed C. The crime is failure to render accounts of public funds or property. 9inority is always a *ustifying circumstance whether or not the minor acted with discernment. a. . a. The act described is illegal use of public funds or property. /<. c. . . c. # is liable for the complex crime of homicide and attempted homicide. :ac2 of motive is indicative of the innocence of the accused.

alse& it may be given retroactive effect if favorable to the accused who is not a habitual delin%uent d.t is consummated even if only a small portion of the wall or any part of the house is burned.alse& they may be convicted of the crime of illegal discharge of firearm.alse& 8ctober '1& 1<'/ 1/.1?. .alse& Ganuary 1& 1<' . c. d. c. c. Bowever& ! was not in the room as he was in another city. b. .alse& 7odoy is liable for complex crime of carnapping with homicide because the two offenses were the result of a single criminal impulse. c.alse& because it cannot be definitely concluded that the act will result into a concrete offense.t constitute attempted homicide The act constitute attempted murder . . d. a.n the crime of arson& it is necessary that the property be totally destroyed by fire. a. c. a.ailing to ma2e 7odoy stop& Ting boarded a taxi and pursued 7odoy& who in his haste to escape& and because of his inexperience violently collided with a *eepney full of passengers& one of whom was 2illed& the leg of another passenger was crushed and had to be amputated. 1'. The five accused may be convicted of attempted murder. 7odoy is liable for the crimes of carnapping& homicide and serious physical in*uries. b. 11. .alse& it is retroactive if the new law imposes a heavier penalty .alse& it is retroactive c. . True . True . d. . a. 1 .alse.alse& 7odoy is liable for carnapping only but the penalty is to be imposed in its maximum because a homicide which includes the serious physical in*ury was committed on the occasion or by reason thereof. . True b. a. The )evised !enal Code too2 effect on Ganuary '1& 1<' . Cpon reaching the house& the five of them aimed and fired at the bedroom of !. True b. . d. J together with four individuals went to the house of ! with intent to 2ill. . The car of Ting was damaged to the tune of ! /?&???. .f the property is not totally burned it is frustrated arson.alse& they are only liable for an impossible crime. . # penal law is always prospective in its application a. 7rawing or trying to draw a pistol from the waist is an overt act of homicide of the accused.alse& Ganuary 1& 1<'+ . . The consummation of the crime of arson depends upon the extent of the damage caused. d. True . Gust then Ting& the owner of the car arrived.alse.alse& 7odoy is liable for the distinct felonies of carnapping& rec2less imprudence resulting in serious physical in*uries& rec2less imprudence causing damage to property and rec2less imprudence resulting in homicide. Be proceeded to drive it away& intending to sell it. b. True b.alse& they are liable for malicious mischief. . 7odoy possessing only a student driver=s permit& found a par2ed car with the 2ey left in the ignition. 1+. .

alse& felonies are acts or omissions punishable by law. . True .n arson& the aggravating circumstance that the crime be committed by means of fire is not appropriate. a.t is an accessory penalty . b. .t is similar to instigation which absolves the accused from criminal responsibility d. True . b.t is the same as life imprisonment . c. The duration of the penalty of prision mayor is six years to twelve years. . 6'. b. . Who among the following persons isLare not exempt from the operation of our criminal laws by virtue of the public international law? aA bA cA dA eA Sovereigns and other chiefs of state Consults& >ice$Consuls& and other commercial representatives of foreign nations #mbassadors& 9inisters plenipotentiary& ministers resident Charges d= affaires #ll of the above 6?. True They are considered accomplices. .t is considered to increase the penalty for the crime. . .alse& only external acts are punished.nsanity or imbecility is an exempting circumstance .. a. True .elonies cannot be committed by omissions but only through overt acts. Entrapment is an absolutory cause. d. They are principals by direct participation.t is an alternative circumstance 61. c.t is six months& one day to six years. b. d. True b. b.t will mitigate the liability of the offender . True . a.t is six years and one day to twelve years. . .n 2idnapping for ransom& those who acted as runners or carriers in obtaining the ransom money have no criminal liability.11. a. c.nsanity or imbecility is a *ustifying circumstance for which the offender does not incur criminal liability.t is not considered if not alleged in the information. .alse& there is no criminal intent in omission. 16. .t is one month to six months.ire is not included by the law in defining arson.t is not a bar to the prosecution and conviction of the lawbrea2er because consistent with public policy c. d. They are accessories.alse. . d. True . 6 . The ways and means resorted to for the purpose of framing up the lawbrea2er 1<. a. a. c. d. .t remains an indivisible penalty despite its duration 1. c. )eclusion perpetua is a divisible penalty. d. . a. b. c.

d. e.llegal Exaction 5one of the above . .ailure of a citi0en to report as soon as possible a conspiracy& which comes to his 2nowledge& against the government. )eclusion temporal& medium period Within the range of prision mayor to reclusion temporal& medium period. "oth statements are true. Conspiracy to commit treason against the !hilippine (overnment. #rbitrary detention is committed by a. #ll of the above . d. c.ilipinos owe absolute and un%ualified allegiance to the !hilippines. . #ny public officers b. the occupants or third persons. c. 61. b. !laces entered are cafes& taverns& inns and similar places while they are open # and " only. !roposal to commit treason 6<. 66. . #ll of the above . There is *udgment rendered by the trial court for the first offense. !urpose of entry to dwelling is to prevent some serious harm to the person entering& b.1. 6/.t is the same as habitual delin%uency. Coercion& if it is direct& immediate& and personalK or serious enough. #n accomplice to the crime of treason d.?. c. The first statements is true and the second false. c. . b. 9alversation Estafa . d. True The sentence have been served for the first offense.. b. b. e. "oth statements are false.6+. !urpose of entry is to render some aid to humanity or *ustice. What crime in the )evised !enal Code has the same penalty whether committed intentionally or negligently? a. The first statement is false and the second true. " and c only. Those whose official duties give them the authority to effect arrest and detain persons c. !rivate individuals 6. . . The whole range of reclusion temporal.f there are no modifying circumstances present& the minimum of indeterminate penalty on the convict should be4 a. c. d. !rision mayor& medium period.ilipinos and aliens owe the same allegiance to the !hilippines. The penalty for homicide is reclusion temporal. f. d. a. 9isprision of treason is a. c. d. Threat& if it is future or conditional c.n reiteration or habituality& it is enough that a final *udgment has been rendered in the first offense. )obbery& if the intimidation is immediate but conditional coupled with demand for money or any consideration. a. What different crimes can arise from intimidation? a. Cnder what instances is the crime of Trespass not committed? a.alsification . b. b.

e. e. c. . What principle does not apply to imprudence a. f. c. slander libel slander by deed incriminating innocent persons malicious prosecution intriguing against honor .f an offender is apprehended possessing more than the %uantity of drugs sold& he shall liable for4 a. 7efamation excludes4 a.. d. . 5ow a mala in se Still malum prohibitum !unished as a crime under the )evised !enal Code 5ot committed thru dolo .+. d. b.alse because treachery refers to the evil intent and not the means to commit a crime. . 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 ris2 to himself arising from the defense which the offended party might ma2e. Complex crime Subsidiary penalty 9odifying circumstances Three$fold rule !arole and probation . c. . >iolations of dangerous drugs act is a. d. .alse because treachery refers also to the use of craft or disguise in the commission of a crime. b. d. 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 . c. a. True b. c. c.ntentional abortion Cnintentional abortion ./. d. e. b. e.alse because treachery applies only to crimes against persons. b. e.1. . 9alicious mischief Estafa 9utilation .6. b.'. What crimes is not committed only by dolo? a.alse because treachery applies only to crimes against persons and property. d. .

alse& the crime committed is indirect assault. <1. d...alse& the act does not need to be criminal. e. <'.alse& none of the reasons mentioned in the preceding choices is correct. The accused shall not be convicted for treason except on the testimony of an eyewitness to the same overt act.alse& two witnesses are re%uired .alse. c. . b.alse& the motivation may be social. . The duration shall be from six months to six years and one day. .alse. a. a. <?. a. . The crime of rebellion re%uires that the criminal act was done in furtherance of political motivation or purpose. d. . c. . When suspension is imposed as an accessory penalty& the duration is six months and one day to six years. . There are two ways of committing direct assault4 by employing force or intimidation for the attainment of any of the purposes of rebellion and sedition& and by attac2ing or seriously intimidating a person in authority or his agents. a.ndirect bribery Fualified bribery 7irect bribery Corruption of public officers . d. .alse& because the witness need not be an eyewitness. The duration shall be from six months and one day to six years and one day. . The period of prescription shall be interrupted by the filing of the complaint or information and not by the arrest of the offender. e. . < . When suspension is imposed as an accessory penalty& the duration is six months and one day to six years. b. 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 andLor death. The period of prescription commences for the reason stated in letter " and interrupted for the cause adduced in letter C.. a. 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. c. b.alse. True . True b. True. True. .alse& direct assault is committed only by laying hands or attac2ing a person in authority or his agents.<. a. .alse. . 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. c. .alse. True. d. b. . d. d. b. 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. c.alse& the crime committed is sedition.alse& there is only one way of committing direct assault.alse& because the act need not be overt.alse. .

a. c. Fualified bribery and /? million 7irect bribery and ? million 9alversation and 6/ million !lunder and /? million 1??. e.n se and prohibitum "oth prohibitum "oth in se . b. b. c. c. c. The crime of cattle rustling is malum MMMMMMMMMMMMM for being a mere amendment of the provision on %ualified theft& whereas the crime of carnapping is still malum MMMMMMMMMMMM although an amendment of the same provision on %ualified theft. a. a. d. b. d. .ndecent exposure !ublic disorder Charivari 9isdemeanor </. b.alse& oath need not be re%uired by law. When the person granted conditional pardon by the !resident violates the conditions of his pardon& he shall be returned to prison and shall serve the remaining penalty if the same exceeds MMMMMMMMMMM years. . The deliberate assertion of falsehood in a material matter in per*ury must be contained in an affidavit and re%uired by law to be under oath. !rohibitum and in se . a.alse& the document need not be sworn to. . b.alse testimony !er*ury <6. True. c. .alsification . d. >iolations of the dangerous drugs law shall dis%ualify the offender from availing of4 a.ndeterminate Sentence :aw !robation Three fold rule !arole !lea bargaining <<. b. The sub*ect matter of the crime of MMMMMMMMMMMMM is altering or falsifying treasury or ban2 note or any instrument payable to bearer or to order. . d. b. c.orgery . d. This is a moc2 serenade where the offender actually disturbs the peace by using cans& pans& utensils& etc.alse& the assertion may be any matter. a. c. . / + 6 1 <1. d. <. a. d.<+. MMMMMMMMMMMMMMMMMMM is committed by a public officer who amasses ill gotten wealth thru a series or combination of prohibited acts in the total amount of MMMMMMMMMMMMMM pesos. and constitutes the crime of alarms and scandal..

a. c.ntimidation . b. a. a.1?1. a. b. a. b. d. b. d. # and " 1? .raudulent machination 7eceit Chicanery MMMMMMMMMMMMMMM abortion cannot be committed by the woman herself because it re%uires infliction of violence against her person. d. c.nfanticide #bortion 9urder 1?1. d. d. #scending line 7irect line Collateral 7escending line 1?/. d. Trespass to dwelling c. !arricide . c. 9alicious mischief d. (rave coercion e. 1?'.t is high powered . Bomicide is the 2illing of any person which does not constitute parricide& murder or infanticide and is not MMMMMMMMMMMMMMMMM.llegal possession of firearm is committed provided that4 a. 5o other crime is committed 9urder or homicide is committed The crime is rebellion& sedition and attempted coup . b.ntentional Gustified #ccidental Suicide 1?6. c. .ntentional Cnintentional "oth culpable 1?+. Though the offender is the parent& if the victim of the 2illing is a child less than three days old& the crime is MMMMMMMMMMMMMMMM. a. c. b. Trespass to property b. The nature of the relationship of the offender and the victim in parricide must be by blood& legitimate and MMMMMMMMMMMMMMMMMM. . MMMMMMMMMMMMMMMMMMM 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. . The crime of MMMMMMMMMMMMMMM is not committed when the purpose of is to prevent some serious harm to the person entering or to the occupants or third persons. . c.

ntent to 2ill Bitting the victim Nilling the victim 11?. The distinction between estafa and malversation is that in estafa committed by public officers& the offender is not4 a. d. 11+. c.alse& it can be committed when the parents are separated legally. . b. "ullets . c. .n the crime of illegal discharge of firearm it is necessary that the firearm be discharged at another but without MMMMMMMMMMMMMMMMM. d. a. c. .ntent to rape :ewd designs :ascivious conduct 11'. d. b. Ta2ing . b. . d. a. c. d. 8rgani0ed and identified Cnorgani0ed and unidentifiable 8rgani0ed and participants in the affray. c. d. d.alse& the child must be a woman. a. 111. )ansom 7eprivation of liberty Coercion Threat 11 . b. Nidnapping of a minor cannot be committed by his parents as expressly provided for in #rticle 16. 1?<. a. True . a. #rbitrary. The distinction between 2idnapping with rape and forcible abduction with rape is the presence or absence of MMMMMMMMMMMMMMMMM. a. b..alse& the child can be adult. b. b. Cnorgani0ed and participants in the affray. d. . c. c.ndiscriminate. .solated. # treasurer #n accountable public officer #n administrator of funds # disbursing officer 11/.1?. The indispensable elements of death caused in a tumultuous affray are4 the persons involved in the affray are not MMMMMMMMMMMMMMM for the purpose of assaulting and attac2ing each other& and that the ones who actually 2illed or inflicted serious in*ury to the deceased cannot be MMMMMMMMMMMMMMMMM. Bighway robbery is different from robbery committed in a highway in that in the former the victim is not4 a. .ll$treatment or maltreatment Slight physical in*uries 9alicious mischief Cn*ust vexation MMMMMMMMMMMMMMMMMMM is not an element of 2idnapping& hence& the crime can be committed even without such& but when demanded& the crime becomes 2idnapping and serious illegal detention and the penalty shall be death. !reconceived. When there is no in*ury but pain is caused to the victim& the crime is MMMMMMMMMMMMMMMM. b. c.

years exempt from criminal prosecution? a. b. e. d. 8nly # is correct d. Children in conflict with the law Children at ris2 "oth # and " 8ver 1/ and under 1. b. c. When the crime committed by the convict is penali0ed with death. d.. 5o. Suspension of sentence is available to a minor delin%uent a.111. b. 8ver what offenses are persons below 1. d. /1' Sniffing of rugby under !. b. c. Guveniles who commit crimes are classified into4 a. 9alicious mischief is destruction of property which is not MMMMMMMMMMMMMMM and the means used is not MMMMMMMMMMMMMMMM. d. b. b. c.f he agreed to a diversion program . No. c. 1 1. a. c. 1 >agrancy and prostitution under #rticle ? ?f the )evised !enal Code 9endicancy under !. b. 3es& since it is only the cause of death& which has charged or subse%uently discovered the crime is still homicide. . The conviction for fencing& which involves moral turpitude& subsists and remains totally unaffected notwithstanding the grant of probation. 9ay a person charged with homicide by stabbing be convicted when the cause of death was drowning? a.7. # and " are correct . d. c. The legal effect of probation is only to suspend the execution of the sentence. 111< #ll of the above such prosecution being inconsistent with the Cnited Convention on the )ights of the Child . 11<. 9ail matter and by tearing 7welling and occupation :arge cattle and fire >ehicle and carnapping 116.f he is still a minor when sentence is promulgated Even if he is no longer a minor when sentence is promulgated 1 ?. 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 penali0ed under the revised penal code or special law not using the nomenclatures under the revised penal code. 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. c. b.f he acted with discernment . c. Status crimes refers only to4 a. 3es& because there is no such re%uirement of law for conviction 1 '. Which of the following statements is true? a. Crimes committed by minors Crimes committed by adults Crimes committed by males Crimes committed by females 11. d. a.7 5o.

b. 1 /. The following are the other 2inds of plurality of crimes where a single penalty is imposed. c. To provide a better opportunity for the penitent offender to reform c. 3es especially if an appeal is ta2en solely to reduce the penalty @in order to %ualify for probationA.1 +. c. b. What is the effect when one of the crimes in information charging complex crimes is not proved? a. d. The reviewing tribunal can reverse the lower courts decision on ground other than those the parties raised as errors. 1 6. Composite crimes or special complex crimes Continued crime or delito continuado Continuing crimes or transitory crimes Simple crime 1'1. 8nly # is correct. d. b. 3es& it is assumed that the victims suffered damages. c. Civil indemnity ex delicto and actual damages 9oral and exemplary damages #ttorney=s fees& expenses of litigation and interest in proper cases #ll of the above 1 1. b. "oth " and C are correct 1 . Which of the following is a correct statement? a. Which is not included? a. What damages are recoverable from death arising from the commission of crime? a. d. 5o& Section + of the !robation :aw clearly mandates that no application for probation shall be entertained or granted if the defendant has perfected the appeal from the *udgment of conviction. b. c. 3es& there is no prohibition provided by law. The case will be dismissed . What is not an ob*ective of !robation law? a. "oth statements are correct. To promote correction and rehabilitation of the offender by giving him individuali0ed treatment. 5o& because it is indispensable that damages suffered must be proved. #n appeal in a criminal case opens the entire case for review. b. Which of the following Statements is true? a.. 9otive becomes important when the evidence on the commission of the crime is purely circumstantial or inconclusive. To decongest our *ails 1'?. b. c. d. 3es& because it is the proper thing to do c. 1 <. 9otive is generally held to be immaterial because it is not an element of the crime. 9ay a convict who appealed his conviction still be %ualified for probation? a. Be will not be convicted of any crime The accused can be convicted of the other. b. To promote further commission of crimes as he is placed under the supervision of probation officer d. c. The reviewing tribunals cannot correct errors which are unassigned in the appeal. 9ay moral damages be additionally awarded in case of rape or acts of lasciviousness without need of proof? a.

f the drawer or ma2er is an officer of the corporation is notice of dishonor to said corporation sufficient? a. b. 3es& since under #rticle 1? of the )evised !enal Code& the Code shall be supplementary to special laws. d. 5o& the notice of dishonor must be in writing& a verbal notice is not enough.!. 3es& constructive notice to the corporation is enough to satisfy due process. Conditional pardon Commutation of sentence (ood conduct allowance #bsolute pardon 1'<. c. #nswers not given . b. a. . Which of the following statement is . c. d.. b. b. d. 1'/. c. 3es& a mere oral notice or demand to pay would appear to be sufficient for conviction under the law.s verbal notice of dishonor sufficient in ". When the *udgment of conviction becomes final When the *udgment of conviction is rendered When the convicted employee is insolvent When the *udgment of conviction becomes final and convicted employee is insolvent cases? 1''. Who are the persons authori0ed by law to expel or compel persons to change abode? a. b. Which of the following is a continuing crime? a. and "ureau of Customs b. # citi0en or sub*ect who owes permanent allegiance # foreigner who owes temporary allegiance 8nly government employees "oth # and " 1+?. !robation is a mere privilege not a right b. 9ay the principle of delicto continuado be applied to special law? a. !eople from 5". "oth # and " d. 3es& the demand on the corporation constitutes demand on the officer or employee. The following are the causes of partial extinction of criminal liabilities. .#:SE? a. c. #nswer not given 1'+. )ebellion& insurrection and conspiracy and proposal to commit such crimes S%uatting and violation of "! 5one of the above #ll of the above 1'6.ts benefits can extend to those expressly excluded c. When may the employer=s subsidiary civil liability be enforced? a. b. 5o& it strictly applies to crimes punished by the )evised !enal Code& 1'1. !robation 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. . c. c. Which is excluded? a. 1'. c.1' . 5o& the notice of dishonor to the said corporation is not notice to the employee or officer who drew or issued the chec2 for and in its behalf. 5o& unless the special law so provides. d. b. Who owes allegiance to the !hilippines? a. 8nly the president of the !hilippines and the courts after final *udgment sentencing the accused to destierro or as a condition in his probation c.

3es& there is no %ualification in the law. 3es& otherwise offenders will be freed from liability 5o& because direct assault re%uires that there should be no public uprisings. Cse of 7angerous 7rugs under Section 1/ now does not have graduated penalty 1+6. Which of the following is not true regarding the significant changes brought about by ). c. 1+1. 5o& since it contains ascertainable standards and well defined parameters which would enable the accused to determine the nature of his violation b. 3es& since the law does not distinguish b. What 2ind of crime is !lunder? a. c. The penalty is no longer based on the %uantity involved except in the case of possession b. c. 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. c. e. . #nswer not given 1+ .s good faith a defense in falsification? a. The penalties under the special penal laws such as life imprisonment are revived and the nomenclatures of the )evised !enal Code were deleted from the law. Will the use of another name in a particular instance constitute use of an alias? a.# <11/ or the Comprehensive 7angerous 7rugs #ct of ?? a. d. #larms and scandals Threat (rave coercion #ll of the above 5one of the above 1+'. 9alum !rohibitum since it is covered by special law b. 5o& 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 2nown by this name in addition to his real name from that day forth does not fall within the prohibition contained in C# 5o. #ny policemen 1++. 1+. 3es& as a liberal interpretation of criminal law in favor of the accused c. 3es& since there are some unexplained terms c. b. 3es& there is no falsification of a public document if the acts of the accused are consistent with good faith b..s the plunder law void for being vague? a. 5o& since misstatements or erroneous assertions in a public document will give rise to falsification even if it is made in good faith. 5o& as an application of the doctrine that criminal laws shall be interpreted in favor of the accused c. 3es& since it did not explain difficult words used. 9alum in se because the legislative declarations in )# 61/< that plunder is a heinous offense implies that it is a malum in se. b. 1+ . What variant crimes can arise from discharge of fire arms? a. 1+/. Can direct assault be committed during rebellion or sedition? a. . Who is the offender in #rticle 1/1 or delivery of !risoner from *ail? a. d. #nswer not given .1+1.

t 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. c. The following cannot have retroactive application4 a. :aw which ma2es the penalty for offenses heavier than when committed b. . !reventive suspension is a penalty b. b.1+<. e. 5o& that will violate his right to information of the nature of the charge against him b.f ac%uitted& the official concerned shall be entitled to reinstatement and to the salaries and benefits which he failed to received during the suspension 1/?. . Statute that deprives accused of some lawful protection to which he has become entitled& such as a proclamation of amnesty. 3es& since the same is not re%uired by law. . (enerally embodied in the )evised !enal Code !unishable with life imprisonment and never with reclusion perpetua #lways wrong acts hence should be penali0ed (enerally not re%uired to be attended by malice and evil intent Beinous crimes 1//. d. a. !redetermined on the basis of the gravity of the offense d. Should be e%ual to the crime committed without regard to the personal attribute of the offender c. !reventive suspension is a result of *udicial proceeding c. 5ot mitigated by the factors li2e the social and behavioral environment of the convict . e. b. c. !enal laws Contained in the )evised !enal Code !ublic laws )emedial laws Substantive laws 1/ . .n 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.or the purpose of reforming the convict b. e. :aw which alter the rules of evidence so as to ma2e it substantially easier to convict a defendant. 3es& the same can be proved even during the trial. d. 1/'. 1/1. c. d. c. The law directing the suspension of public officer when a valid information has been filed against him before the court. !ositivist theory Classical Theory Ecclectic Theory Guristic Theory Ctilitarian Theory 1/+. c. Which of the following is T)CE? a. Crimes mala prohibita are4 a. Cnder the positivist or realistic theory& the penalty to be imposed on the convict should be a. b. d.:egislative acts which prohibit certain acts and establish penalties for their violations are a.

The statement is absolutely true d. #side from these circumstances& other factors li2ewise prevent the incarceration of a wrongdoer except for4 a.f the offended party pardons the minor 11?..f the offender is illiterate When the offender acted negligently When the offender is suffering from schi0ophrenia 111. b. b. e. d. #s an element of self defense& there must be no provocation on the part of the offended d. #s a mitigating circumstance& sufficient provocation must come from the offender c. . c. f. #s a mitigating circumstance& there must be sufficient provocation on the part of the offended partyK the exact opposite must obtain in self defense e. d. b. The statement is false because conspiracy can be both a crime and a means of incurring criminal liability c. When the act brings about variant crimes When credible eye witnesses point to the accused as the offender . Sufficient provocation as an element of self defense and as a mitigating circumstance are differentiated as follows4 a. d. !robation #bsolutory cause 9ista2e of fact #bsolute pardon #mnesty . When direct evidence in the case obtains.#. The statement is false because conspiracy is %ualifying circumstance 1/6. d. Sufficient provocation in either case must be absolutely lac2ing 1/<. !ursuant to ). #s an element of self defense& there must be sufficient provocation on the part of the offended party b. 5o. When the identity of the accused is certain. Conspiracy is not a crime but a means to incur criminal liability a.f he acted without discernment although he is 16 years old . 9otive is not relevant in the following cases except4 a. e. The statement is false because conspiracy is an aggravating circumstance e. The statement is false because there are conspiracies especially punished by law b.f the minor committed an offense which is victimless . e. b.f the minor admits his crime voluntarily . c. years old can be absolutely exempt from criminal liability a. Gustifying and exempting circumstances allow the actor to escape criminal liabilities.f the minor is mentally retarded .ndeterminate Sentence :aw 1/. When the mind is not criminal When the crime is malum prohibitum .1/1. c. <'++& a minor less than 1. "ecause crimes re%uire criminal intent& the act is not criminal a. c.

11 . . The *udgment of conviction must be final and executory b. a. The second statement is true but the first is false because there are penalties imposed on the accessory and the accomplice d. . The first statement is true and the second is false because the accessory penalty must also be expressly stated in the decision c. 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. d. b. Special complex crimes and complex crimes may be compared as follows4 a. Which of the following is not a re%uirement for the employer to be civilly liable for the crime of his employee? a. d. 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.n special complex crimes when one of the composite crime is not proved& the accused cannot be convicted of the other d. #re principal offenders when they are members of a band b. "oth 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 11/. "oth statements are true b. "oth are generic aggravating circumstance "oth increase the penalty to the maximum period "oth re%uire the commission of the same offense at least thrice They re%uire the commission of felonies in the same title such as robbery and estafa under Crimes against !roperty and serious and less serious physical in*uries under Crimes against !ersons 111. The offenses punished under special laws are not sub*ect to the provisions of the )evised !enal Code c. "oth specie of crimes can be committed by negligence c. b. !enalties under the )evised !enal Code are imposed on the principal offenders and in the consummated stage. Which of the following is not true4 #rmed men who participate in the commission of a felony4 a. c. The )evised !enal Code shall have suppletory effect on special penal laws when it uses the nomenclature of penalties under the former. The employer$employee relationship is proved c. The )evised !enal Code shall have suppletory effect on special penal laws unless the latter shall specially provide the contrary. The following statement on the relationship between the )evised !enal Code and special penal laws are true4 a.. 11'. Special complex crimes are especially provided for under "oo2 . # hearing for the purpose of determining whether or not the employer is civilly liable has been held . The )evised !enal Code shall have suppletory effect on special penal laws when the court is given discretion in the application of penalties. The convict is insolvent d. #re accomplices when they aid the principal offender in the commission of a felony c. #re liable for robbery with homicide %ualified by band pursuant to #rticle <+ subdivision 1 in relation to #rticles </ and <1 of the )evised !enal Code 11+. Babitual delin%uency and recidivism are similar in that4 a. Bave greater criminal liability for being members of organi0ed crime syndicate formed for the commission of crimes for economic gains d. of the )evised !enal Code by specifying the crimes composing the indivisible felony and the penalty thereforK #rticle +.n complex crimes& the DexcessE crimes committed are absorbed so that forcible abduction with multiple rapes constitute only one offense 116.

<'+1 only affected the principal offender whose penalty is death.s sub*ect to treaties and laws of preferential character Subscribes to the law of nations . <'+1 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. c. <'+1 only affected the consummated felony punishable by death. c. #dheres to the generality principle !rohibits retroactive application of penal law . # crime committed outside the !hilippine territory is not triable in the !hilippines because !hilippine criminal law a.11. c. The statement is true because the act of the actor is legal The statement is false because accident is a *ustifying 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 #rticles 11 and 1 respectively provides so 16'. 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.#.#. #ggravating circumstance is strictly construed if the crime committed is against persons b. )es ipsa lo%uitor #ctus non facit reum nisin mens sit rea Fuid pro %uo Ex post facto 9alum prohibitum 11<.t is strictly construed if it will raise the penalty to death and conse%uently shall only be exclusively ta2en from #rticle 1+ d. e.. . d. The death penalty cannot be imposed on a accused who committed a heinous crime because a. d. <'+1 which prohibits its imposition The !hilippine Constitution prohibits its imposition 7eath penalty is inhuman The !hilippine is a part of Christendom !hilippine *udicial system is defective 161. b. c. Congress has enacted ). Two degrees lower than death penalty or reclusion temporal shall be imposed on the attempted stage pursuant to #rticle 61 @graduation of penaltiesA in relation to #rticle 11 @rules for graduating penaltiesA.#. 16 . The penalty for the accomplice in the consummated felony punished by death shall be the same as the principal @reclusion perpetuaA for ). e. b. b.#. d.s territorial in character 16?. The rule which allow a crime to be committed without criminal intent is called4 a.t is liberally construed to include all 2inds of aggravating circumstance . The phrase aggravating circumstance can have both liberal and strict construction& thus4 a. e. d. d. b. b. What is the effect of ). e. . . Self defense is a *ustifying circumstance whereas accident is an exempting circumstance a. The penalty for the frustrated felony punished by death shall be the same as for the consummated because ). c.t is liberally construed if the crime committed is against property c.

ndeterminate Sentence :aw a. . Fualifying circumstance for murder not pleaded but proved is considered as generic aggravating a. The statement is partially false because it is the )evised !enal Code which made the amendment e. b.S: is mandatory .S: is available even if the penalty is fine only whereas !: is for prison sentence only e. 9oral and exemplary damages to the victim andLor his heirs for moral suffering caused by the crime 16/. d. 8ne of the following is not entitled to the benefits of . The statement is true but not because of the amendment of the )evised )ules of Court 16<.. Where the penalty imposed is the single indivisible penalty of reclusion perpetua pursuant to #rticle 1' of the )evised !enal Code d.16+. Where the offense committed is punished by death or life imprisonment c. !robation is a privilege whereas .S: dis%ualifies second time offenders which is not true with the !: . 8rgani0ed crime syndicate 8rdinary circumstance Fualifying circumstance !rivileged circumstance . Babitual delin%uents 166. Which of the following statement is true as regards the . 161. . a. 8ne of them is a.ndemnity for the mere fact of commission of crime such as rape or 2illing :oss of earning capacity of the victim in case of 2illing #ctual damages such as hospitali0ation 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. c.S: 16.ndeterminate Sentence :aw @. Which of the following isLare granted in addition to the civil indemnities granted to the victim of a crime andLor his heirs when such is attended by %ualifying circumstances4 a. Babitual delin%uents are not dis%ualified for both !: and . c. The statement is false because this is pre*udicial to the accused c. d. The husband who has sexual intercourse with a married woman can be liable for adultery and concubinage for the same act. b. c. True because the two provisions on adultery and concubinage are separate and distinct from one another. The statement is partially true because only in case of death penalty shall the rule apply d. Those who are sentenced to a maximum penalty not exceeding one year b. . b. There are four 2inds of aggravating circumstances. True because his act is contrary to morality d. d.alse because the adultery is a crime by the married woman e. 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.alse because that will violate the constitutional proscription on double *eopardy c.S: does not re%uire imprisonment for the convict whereas !: does .S:A and !robation :aw @!:A a. )ecidivist and those on parole e. The statement is true due to the amendment in the )evised )ules of Court b.

Theft is %ualified when4 a.1. c.'. #rticle 1' on serious physical in*ury by wounding& beating or assaulting c. d. d.#. b. 1. The court shall multiply the most severe penalty by + and impose on the convict whatever is the result of such. #rticle 1 on mutilation e. <'+1& there are how many ways of imposing the death penalty? a.f he is still a minor when his sentence is promulgated Even if he is no longer a minor when his sentence is promulgated 1. To prison director shall add up all the penalties imposed on the convict and compare the same to three times the most severe penalty. Two ways& via death as an independent penalty pursuant to ). The penalty on continued and continuing crimes 1. 61/<& the death penalty law b. The penalty on special complex crime e.our ways& under the three in letter @bA above& and under the Constitution d. )obbery with serious physical in*uries re%uires that the in*ury inflicted be one that is punished under4 a.#. 61/< or thru the ranged penalty of reclusion perpetua to death under the )evised !enal Code 1.#. #rticle 1+ on serious physical in*ury by administering in*urious substances b. The penalty on the person guilty of a complex crime b. ./. # complex penalty is a.#. . There is abuse of confidence or ta2ing advantage of the occasion of calamity b. The thing ta2en is mina bird or other endangered species d. Status offenses refers only to4 a. The *udge shall sentence the accused to forty years in prison when all the penalties imposable on the convict shall exceed forty years d. The rule operates as follows4 a. c. b. #rticle 1/ on slight physical in*ury 1. Three ways& Cnder ). e.+. #rticle 1/ on less serious physical in*ury d. Crimes committed by minors Crimes committed by adults Crimes committed by males Crimes committed by females There is no such crime 1. <'++& the minor in conflict with the law who is ad*udged criminally liable can avail of suspended sentence a.#. The *udge shall sentence the accused to three times the most severe of all the penalties imposable on the convict b.f he acted with discernment . The offender is a cler2 of a trading company .1. The penalty on compound crimes d. !rior to ). 61/<& under the )evised !enal Code and under other special laws c. What is ta2en is official document c. c.1. 5o way& for the !resident has always reprieved the convict or reduced his penalty to life or reclusion perpetua e.f he agreed to a diversion program .?. 8nly one& for heinous crimes under ). 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. Cnder ). . c. The convict shall serve the lesser of the two which shall in no case exceed forty years. # penalty composed of three distinct penalties the lowest of which shall be the minimum& the next higher the medium and the highest the maximum.

. all 2inds of crime where the offender has intelligence and freedom of action f.. # child at ris2 is one who4 a. "ribery 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.e.t shall be absorbed in the commission of rebellion& insurreccion& sedition& attempted coup d=etat b.t shall aggravate the crime of robbery with homicide. e.alsification of private document to facilitate the commission of estafa 1<'. a malum prohibitum e. 1. e.. The offender shall be criminally liable because his act is the proximate cause of the death of the victim d. The thieves are armed with unlicensed firearm 1. Committed an intentional felony b. 1<1. The offender shall not be criminally liable because the heart attac2 is an efficient intervening cause e. >oluntariness as an element of a felony is true only when the crime is4 a.<. b. who committed a crime .6. c. d. dolo by omitting to perform an act re%uired by law c. Sub*ect of criminal investigation Suspect in the commission of a crime #ccused in a criminal case 7etention prisoner . !ossession or use of unlicensed firearm shall have the following effects except for one4 a. The following is not a heinous crime4 a. Fualified piracy and %ualified mutiny Bighway robbery where the victim is 2illed . #bandonment of a child under 6 years old when the child suffers physical in*ury as result. When acts of violence by the offender hastened the death of a person who has a lingering heart ailment4 a. c. b. d. . The offender shall be liable for rec2less imprudence resulting to homicide c.ugitive from *ustice 1. .s over 1/ but under 1. . . dolo by performing an act with deliberate intent b.ncestuous rape of a child under 1. )obbery with homicide 7estructive arson resulting to homicide 1< . Was raised in a family of drug traffic2ers c.s under 1/ yrs of age d. >iolation of domicile when the warrant of arrest was obtained maliciously b.t shall not be charged as a crime if any other crime involving such licensed firearm is committed d. .t shall aggravate the crime of homicide or murder c. The following crimes preclude the filing of a separate charge for the second offense committed in the course or as a result of such crimes4 a. e.t shall be aggravated by the fact that the offender is under the influence of drugs. The offender shall be criminally liable because his act is the direct cause of the death of the victim 1<?. c. Custodial investigation re%uires that the in%uiry by peace officers shall be inculpatory against the a. . The offender shall be liable for serious physical in*uries b. culpa d. .

d. Cnder the )!C& piracy is triable only in the !hilippines whereas under !.n attempted rape the victim can be under 1 whereas in #8: the victim should always be over 1 1<1.n 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. #8: can be both against male and female who should be over 1 but under 1. d.7.e.ntentional abortion& malicious mischief& estafa and mutilation Bomicide Serious physical in*uries 1<<. c. Which of the following cannot be committed by culpa? a. #8: can be against male or female and the age does not matter as long as it is under circumstances of rape b. To what component of criminal law is express and implied repeal relevant? a.s raised in a dysfunctional environment andLor household which ma2es him prone to commit a crime 1<+. The distinction between the two is mainly that4 a. /' ma2es the act punishable if committed in any body of water whereas )!C ma2es it punishable if committed in !hilippine waters only. /' & it is triable by any country. e. Consented #8: can be both against male or females and under circumstances of seduction c. #8: can be against both male and female whereas attempted rape can only be against a female d. 1<6. b.n the )!C it should be committed by those who are not members of the complement or passenger in !hilippine waters or in the high seas. b. . 1</. and committed under circumstances of rape d. Territoriality (enerality . !. . /' are both good laws and co$existing independently. !. e.rretrospectivity "ill of attainder E%ual protection of the law 1<. . "etween acts of lasciviousness and attempted rape& the distinction is a. Consented #8: re%uires that the offended be over 1 but under 1. b. . . #8: can only be against a female who should be over 1 but under 1. "etween grave threat @(TA and grave coercion @(CA& the difference is4 a.7. . . !iracy under the )evised !enal Code and piracy under !.7. c. /' it is committed only by the complement of the vessel. c.n (T& the wrong threatened is future and conditional whereas in (C it is direct& immediate and personal b. (T cannot be done by means of an intermediary or in writing whereas (C can be e. (T allows the court to impose bond to 2eep the peace which is not available in (C . #rson .7.n (T& the wrong threatened is always a crime which is not so in (C c. d.n (T& there is always a condition which is not so in (C d. /' declares that the offense can be committed by any person even if members of the complement or passenger in !hilippine waters.7. ..n the intent to penetrate the female organ and offender actually commenced to force his penis into the complainant=s sexual organ to ma2e a case of attempted rape b. "etween consented acts of lasciviousness and acts of lasciviousness4 a. The )!C recogni0es that piracy can be committed by any person even if members of the complement or passengerK in !.

f a person tested positive for drug use and is also in possession of drugs sold& he shall liable for4 a.! is based on the result of the force& violence or intimidation employed whereas in robbery with . )obbery with . b. "etween robbery with violence against or intimidation of person @>#.!A and robbery with force upon things @.CT are present in the robbery& the penalty shall be always for the robbery with >#. d.llegal possession of dangerous drugs only ?1. The statement should not be made in a *udicial or parliamentary proceeding ?+.CT& the penalty is always lesser than in robbery with >#. . c. The imputation is against a public figure and the offender shows good motives and *ustifiable ends in ma2ing the imputation d. The Drule of actual maliceE in libel re%uires that4 a. Separate crimes of illegal possession and use of dangerous drugs Cse 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 . The statement must be made with actual malice O that is& with 2nowledge that it was false or with rec2less disregard of whether it was false or not b.n the crime of libel& truth of the imputation is not a defense if4 a. .! can be committed in a highway d.CT& the penalty is based on the value of the thing ta2en b. e.CTA& the difference lies in that4 a.! ? . b. . !roceeds of theft or robbery only !roceeds of estafa and syndicated crimes only #lso proceeds usurpation The fruit of all crimes involving gain to the offender .! notwithstanding that the penalty for the robbery with . # rule placing on the accused the burden of showing the truth of allegations of official misconduct andLor good motives and *ustifiable ends for ma2ing such allegations c.! and .n robbery with . b. The #nti$fencing :aw H!7 111 I covers4 a. The imputation is against a public officer and the same relates to his public function.CT would have been higher c. The imputation relates to a crime against any person c. c. The offended party is a private person and the offender has not shown good motives and *ustifiable ends in ma2ing the imputation ?'.CT is always committed in a dwelling whereas with >#. When both >#. The penalty for robbery with >#.??. The statement should not be absolutely privileged statement d. d.

?. 7 ++. 7 1.E . " 61.. 7 +.'. " 1. # 1/1.. C 11'.. 7 1 . 7 1<'.1. C / .7 1'. C '1..E 1'.6. C <. 7 1 . C . " 1? . E 16/. " 1+ . .. C 16+. C /+. 7 166. 7 11+. E +<. " 1'. 7 + . # 116. 7 1. # . " 6/. # 161. # 11/. " 1. # 1/ . # 11. " 1+<. " 1<. E <<.. . C /?." ''. C 1 /. " 6+. # 11?. E . # < . # '<. # 1 6.. # ? . C /. # 16. 7 1. " 1<<.+. " 1?1. " 1/6. # '1. E 1<1.. " '. C 1+6. C 1 . # ??. C </. 7 1?. # '/. 7 1+?. " 11?. 7 1 ?. # 16<. C 1+1. C 1</. " 1'1. " 1?1. # 6<. E . . " 1' .. 7 . # 1<1. # /. # /1. 7 1'<. # 111. # . E 16'.. 7 1/'. C 11'. E ?1. 7 . " '?. C 1. " 6. C 16. # 6 . # 11. # ?+.# <'. E ?. E 1. " 6?.. . 7 /<. # +6. E +/. E 1/+. # 11+. 7 1//. 7 /. # 111. E . " <6. C 11<.<. C '+. C 1. " 1'+.7 ?'. " . # . " 61. 7 1 <. " '6. " <1.. " 1+1. # 1.. E 11<. E 1 1. C 116. E 1+. C 1<... " <+. # 1?'. 7 1??.7 '.?./.+. E 1. 7 1 .# '. 7 1 +.. # 1/.. " 1< . " 11/. C 1/.. # ' ." 6'. # 1<6. E . " 1?6. 7 16 . 7 1/<. . E +.# 1 '. # 1.1. C 6. C 1/?. # 1?. C 11. C 1<?. 7 11. 7 1'6. " 1. E +1./. 7 <.1. " +?.6.. 7 1'1. 1/. E 16?. C 1. # 1+/. E 1<+.'. " 1+. 7 111.<.7 +'. # 1?. # 161. C 1'?. # 11 . 7 /1. # 16. # 1+. # <... # 11. 7 <1.. " 1. C 11.1. # . # 1/1. # <?. " 1?/.ANSWER KEY IN CRIMINAL LAW 1. # 1'/. # 1?<. C +1. " /6. " 1. " . E 1<. C 6. C 11 . 7 //. 7 66. 7 1''. # 1++. # 111. C +. 7 1 1.E /'. 7 1+'. " 1?+.

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