Page 1 | C L J 1 – C R I M I N A L L A W I
INSTRUCTION:
1. YOU ARE GIVEN A TEST QUESTION
SHEET OF 115 ITEMs CONSISTING OF
TEN (10) PAGES AND A SEPARATE
ANSWER SHEET.
2. USE A BALLPEN FOR FILLING THE
PRELIMINARY INFORMATION IN THE
ANSWER SHEET. USE A PENCIL
(MONGOL 2) FOR SHADING YOUR
ANSWER ON THE TEST PROPER.
3. WRITE YOUR ANSWERS ON THE
ANSWER SHEET BY SHADING THE
APPROPRIATE, CORRESPONDING BOX
OF YOUR CHOICE.
4. CHEATING IS A GRAVE OFFENSE,
PUNISHABLE IN ACCORDANCE WITH
THE STUDENT HANDBOOK
BREAK A LEG
1. Jake stabbed his kumpare after a
drinking spree and because of guilt
and conscience, he admitted that
he killed him and voluntarily
submitted himself under the custody
of police officers. Should his motive
be inquired into for having
committed a mala in se crime?
a. Yes. For mala in se act to be
punished, the motive of the
assailant must be clearly
established
b. Yes. A commission of mala in
se act will only be punished
criminally if there is evidence
that the accused intentionally,
willfully and maliciously
committed such act
c. No. Motive is essential only
when there is doubt as to the
identity of the assailant
d. Since the act is inherently
immoral, motive is not
essential so long as it offends
the morals of the society
2. Roland Smith, an American consul
delegated by the American
government to the Philippines ran
over a pedestrian crossing the
street, while he was driving
recklessly and imprudently along
Araneta Street in Bacolod City. The
pedestrian died. While being
prosecuted in the court for the crime
reckless imprudence resulting to
homicide, Smith raised diplomatice
immunity as a defense, alleging that
he cannot be subjected under
Philippine laws and regulations. Is
his defense tenable?
a. Yes, consuls enjoy immunity
from criminal prosecution
b. Yes, criminal acts by the
consuls as a foreign delegate
is covered by diplomatic
immunity
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM
c. No, the crime committed by
the consul is not covered by
immunity supplied by the law
d. No, diplomatic immunity
extends only to sovereigns or
heads of states,
ambassadors, ministers,
ministers plenipotentiary and
resident ministers
3. During a heated argument, A, a
seaman of Chinese nationality
choked to death B, a Filipin, on
board a ship not registered in the
Philippines while in the high seas.
C, a Filipino, owns the ship. Do
Philippine courts have jurisdiction
over the case?
a. Yes, the rule on territoriality
applies since the owner of the
ship is a Filipino
b. No, the rule on territoriality
does not apply since the ship
is not registered in the
Philippines
c. Yes, the rule on territoriality
applies since the crime was
committed on board a
Philippine ship
d. No, the rule on territoriality
does not apply since the
Philippine courts have no
jurisdiction over crimes
committed on the high seas
on ship not registered in the
Philippines
4. A was charged with “fraud or
infringement of literary rights or
property,” because A allegedly
reproduced and sold copies of
another’s literary work. At that time,
there was no copyright law. Can A
be punished of such act?
a. Yes, because penal laws may
be given retroactive effect,
regardless of whether or not
they are beneficial to the
accused
b. Yes, because it is an
exemption from the
prohibition against ex post
facto law
c. No, because it is a bill of
attainder
d. No, because there was no
law at that time defining and
penalizing the act
5. Which of the following best
describes a felony which is
punishable by law:
a. Boy Okoy is planning to wait
for Boy Batsekorno after work
to shoot him with an armalite
b. Boy Puswak, a BIR officer
intentionally failed to issue a
receipt
c. A person not owing
allegiance to the Philippines
voluntarily does not disclose
to the proper authority any
CLASS 12 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED
SET 1
conspiracy against the
government
d. Toto Camille, a witness in a
shoot-out does not report to
the authorities the
commission of the crime as
she witnessed
6. The following crimes cannot be
considered culpable felonies,
EXCEPT:
a. Malicious mischief
b. Murder
c. Treason
d. Reckless imprudence
7. Boy Rough Road took a watch
without its owner, Mongcal’s
consent. While being prosecuted for
theft, Boy Rough Road interposed
that the prosecution failed to prove
the intent to gain on his part, which
is an element of theft. Why is Boy
Rough Road wrong?
a. He freely and deliberately
committed a felonious act and
there is a legal and moral
presumption of criminal
intent, absent evidence to the
contrary
b. The prosecution witness had
clearly established the
attendance of Boy Rough
Road in the crime scene
c. Intent to gain is immaterial
when Boy Rough Road did
not secure the consent of the
owner
d. Boy Rough Road voluntarily
performed the overt act and
an overt act is sufficient to
adjudge him guilty
8. Chief of Police Aungon and his co-
accused SPO10 Salle were under
instructions to arrest Boy Kambang,
a notorious criminal and excaped
convict. The officers proceeded into
the suspected house and upon
seeing a man sleeping with his back
facing them, simultaneously fired
revolvers. The victim turned out to
be Pong, an innocent man. Are the
police officers criminally liable?
a. Yes, it cannot be considered
a mistake of fact because
they failed to inquire on the
identity of the man
b. Yes, it cannot be mistake of
fact because the police
officers were deliberate
c. No, because the notorious
man and the lives of the
police officers are in danger if
they tried inquiring on the
suspect’s identity
d. No, because they can be
justified under mistake of fact
9. The accused, without intent to kill,
struck the victim with his fist on the
back part of the head, causing the
victim to fall down with his head
hitting the asphalt which caused his
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sudden death. Is the accused
criminally liable?
a. Yes, since the injurious result
of striking the head is greater
than intended
b. No, since there has been a
mistake in the identity of the
victim
c. Yes, because the victim
sustained serious wounds
which resulted from the
mistake in the blow of the
accused
d. No, because the accused did
not have any intent to kill the
victim
10. The accused may not be held
criminally liable if he was not
committing a felonly, EXCEPT for
which of the following given
situation where a felony was
committed:
a. Mang Ising, was was being
fired at with a gun by Alog to
kill him, fired his pistol at the
latter in self-defense, but
istead missed him and hit
Nardo, a bystander
b. Lapa, in attempting suicide,
jumped out of the window to
kill herself, but when she
dropped to the ground, she
collapsed to an old woman,
Prado who died as a
consequence
c. SPO10 Tiapes, who was
pursuing an arrest to an
armed prisoner who had just
escaped from jail, fired his
pistol at the latter when he
started to run away, but the
pistol hit Gane, a passer-by
d. Tiburcio was held by a
snatcher, who threatened to
stab him if he does not give
his laptop bag and when the
former gave his bag, the
snatcher ran away, Tiburcio
shot the snatcher
11. Glenn swung a bolo at Bitay
but the latter was able to stop the
attack. Bitay incurred a two-inch
wound at his right palm. Glenn
failed to hack Bitay further because
4 policemen arrived. Glenn was
charged by the police at the
prosecutor’s office for homicide.
Three weeks after the criminal act,
Bitay was rushed to the hospital
because of tetanus infection
because of the two-inch wound on
the palm which he sustained during
the attack. After the day when he
was rushed to the hospital, Bitay
died. Is it proper to charge Glenn of
HOMICIDE for the death of Bitay?
a. Yes, the death of Bitay is the
direct, natural and logical
consequence of the wounds
sustained by Bitay
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM
b. Yes, since the tetanus from
the wound sustained by Bitay
was not distinct and foreign to
the crime
c. No, since the death of the
victim must be the direct,
natural and logical
consequence opf the wounds
sustained by Bitay.
d. No, Glenn cannot be charged
with homicide since Peter
died more than 3 days after
the attempted killing of Jimmy
12. Briones induced his friend
Flores, in consideration of money,
to kidnap a girl he is courting so that
he may succeed in courting her and
eventually making her accede to
marry him. Flores asked for more
money which Briones failed to put
up. Flores got angry and reported
the matter to the police. May
Briones be charged with attempted
kidnapping?
a. Yes, intent to commit a crime
is sufficient to convict
b. Yes, because he
communicated his desire to
kidnap
c. No, he may not be charged
for attempted kidnapping but
he may be charged for
robbery
d. No, since he has not
commenced the kidnapping
13. A died during a fire at the
Cuenca’s warehouse after the pipe
exploded. A day after his death his
wife, W, went to the spouses
Cuenca’s house at midnight,
planning to kill the couple because
she blamed them for her husband’s
death. Using her brother’s .45
revolver she repeatedly shot at the
house and then left. The Cuencas
arrived at the house to find
shattered windows and several
bullet holes on the wall. No one
died. Is W liable?
a. Yes, W is liable for an
impossible crime
b. No, W is not liable for an
impossible crime
c. Yes, W is liable for attempted
homicide
d. No, W is not liable for
attempted homicide
14. Jose wanted to kill Andres, his
arch enemy. He got his gun and
went to the house of Andres.
However, when he got there, he
saw that Andres was already dead,
as he hung himself with a rope. Still
filled with anger, Jose took out his
gun and began to shoot at the
corpse of Andres. Is there an
impossible crime?
a. Yes, it was already
impossible for Jose to kill
Andres
CLASS 12 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED
SET 1
b. Yes, there was a criminal
tendency on the part of Jose
regardless of the fact that
Andres was already dead
c. No, there was no evil intent
on the part of Jose
d. No, there was no way Jose
could have known that
Andres was already dead
15. Chua broke up with his
girlfriend Ribo, as he saw her
kissing antoher man. Completely
angered, he decided to burn down
her house to teach her a lesson. He
struck a match. However, as he
was about to set on fire a certain
wall of Ribo’s house the police
arrived on time to stop him. What
stage is the felony?
a. Consummated; in arson, a
simple striking of a match in
the area which one wants to
burn down is enough to
consummate the crime
b. Frustrated; he was not yet
able to burn down the house,
but all the elements
necessary for the execution
are all present
c. Attempted; as he has begun
the commission of the crime
directly by the overt act of
lighting the match
d. Frustrated; he would have
produced the felony, were it
not for the desistance of the
policeman
16. Conspiracy is punishable in
the following cases, EXCEPT for
a. Treason
b. Rape
c. Sedition
d. Coup d’état
17. Col. Lamason had been
bypassed for a promotion by the
President for being a known
supporter of the President’s
predecessor. Angry and facing the
possibility of budget cuts for his
department, he was overheard by
his men saying several times that
the President needed to go. Col.
Lamason and his men thereafter
took over the building of a popular
broadcast station demanding that
the President step down from office
and cede the power to the military.
Can Col. Lamason be liable for
PROPOSAL to commit coup d’
etat?
a. Yes, because the criminal
intent came from Col.
Lamason
b. No, because in order to be
liable he should not actually
commit the crime
c. Yes, because Col. Lamason
was the one who proposed its
execution to the other officers
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d. No, because Col. Lamason
was not shown to have
decided to commit the felony
18. The death of Ronnel Castro
occurred during a drinking spree
with his housemates in their
apartment. Ben Perez testified that
an intoxicated Ronnel said to Ibo
Hernandez, “Masyado kang
madaldal! Gusto mo bang
patahimikin ka ng baril ko? In his
presence and Ibo’s borther Hugh.
Because the atmosphere was
getting more apprehensive by the
moment, Ben decided to go back to
his room and sleep. An hour after, a
loud gunshot awakened him.
Thinking that it might be his dream,
he went back to his bed but heard
three more gunshots. He hurried to
the scene to find Hugh holding
holding a gun and runnel sprawled
on the floor bloodied and very much
dead. Hugh admitted to shooting
Ronnel but claimed the justifying
circumstance of defense of relative.
According to him, Ronnel pointed
his gun at Ibo so Hugh had no
choice but to take the gun away
from him and immobilize him as Ibo
and Ronnel were wrestling on the
floor. Will the defense prosper?
a. Yes, threats to inflict real
injury constitute unlawful
aggression. The pointing of
the gun is an outward and
material aggression. The
threats Ronnel uttered
beforehand were positively
strong, showing intent to kill
Ibo.
b. No, the four gunshot wounds
belie the existence of
unlawful aggression. When
Hugh seized the gun, the
unlawful aggression ceases
and the shooting of Ronnel
four times indicate a
determined effort to kill him.
c. Yes, the person defending is
not expected to control his
blow. Hugh canot be
expected to think clearly as to
how he should defend Ibo.
d. No, the rule applicable is
“stand ground when in the
right”. Ibo and Hugh had the
right to be where they are and
are not expected to retreat as
their assailant advances upon
them.
19. Policeman Reyes and corpus
apprehended a suspect named
Raul and escorted him in their jeep
to bring him to the police station.
Suddenly, Raul Raul grabbed
Reyes’ M16 rifle and jumped out of
the jeep. Corpus saw Raul’s act of
grabbing the M16 and attempt to
escape. He acted immediately and
fire his own M16 rifle at Raul. No
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM
warning shot was issued. Raul died.
Corpus invoked the justifying
circumstance of fulfillment of duty
as defense. Will the defense
prosper?
a. Yes, a policeman in the
performance of his duty is
justified in using the force
reasonably necessary in
securing and detaining the
offender
b. No, the force used was not
reasonably necessary.
Circumstance show that Raul
was merely attempting to
escape and not shoot at
Reyes.
c. Yes, there was unlawful
aggression on the part of
Raul when he forcibly took
the M16 rifle away from
Reyes.
d. No, fulfillment of duty requires
that a warning shot should
first be released before the
shooting of a convict is
justified.
20. Pepe, 15 years old, had an
altercation with his younger sister
Nene. Unable to control his
irritation, he pushed Nene to the
swimming pool knowing that the
latter did not know how to swim.
Nene screamed helplessly from the
pool asking for her brother’s help
but Pepe merely laughed cynically.
Pepe was charged with the murder
of Nene. Pepe invoked the
circumstance of minority. Will the
defense prosper?
a. Yes, circumstances show that
there is no discernment
b. No, circumstances show that
there is discernment
c. Yes, he is within the age of
absolute irresponsibility
d. No, he is not within the age of
absolute irresponsibility
21. Teodoro was charged for
sexually molesting three kids. For
his defense, the doctor identified
him as being mentally deprived and
evidence was shown positively
classifying him as a pedophile. Will
the case prosper?
a. Yes, pedophilia is not insanity
b. No, pedophilia is insanity
c. Yes, the doctor’s positive
identification is clear and
positive of lack of intelligence
d. No, it was not established
that he acted during a lucid
interval
22. Boy Negro was arrested and
charged with illegal possession of
firearms for having in his
possession an unlicensed .45
caliber pistol. Upon arraignment, he
pleaded guilty and invoked is plea
as a mitigating circumstance. Can
CLASS 12 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED
SET 1
the court consider that plea as a
mitigating circumstance in imposing
the proper penalty for him?
a. No, circumstances which
affect criminal liability are not
applicable to special laws
b. No, mitigating circumstances
are appreciated only when
the penalty is indivisible such
as in the given problem
c. Yes, since the penalty in
illegal possession of firearms
is indivisible, then mitigating
circumstances may be
considered
d. Yes mitigating circumstances
may be appreciated in special
laws
23. Which of the following is NOT
necessary in order to exempt a
person who violated the Dangerious
Drugs Act from punishment and
prosecution?
a. The information and
testimony are necessary for
the conviction of the persons
described above
b. Such information and
testimony are not et in
possession of the State
c. The informant or witness has
not been previously convicted
of a crime involving moral
turpitude, except when there
is no other direct evidence
available for the State other
than the information and
testimony of said informant or
witness
d. There are direct witnesses
involved who may
corroborate the testimony of
the person to be exempt
24. Retiro, an 8 year old boy is
fond of watching the TV show
Naruto. One afternoon, while he
was engrossed watching his
favorite show, his yaya Prado
changed the TV to her favorite TV
show Muling Buksan ang Puso.
Enraged Retiro hurried to get the
gun of his father kept in the bedside
table and, without any warning, shot
yaya Prado which caused her
death. Is Retiro liable?
a. Yes, he is criminally liable but
not civilly liable
b. Yes, he is criminally liable
since he is a youth offender
at the time when he
committed the offense
c. No, he is both not criminally
and civilly liable for being a
minor, he is exempt from both
liabilities
d. No, he is not criminally liable
because he is 8 years old
25. A child in conflict with the law
is defined under RA no. 9344 as
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a. A child who is alleged as,
accused of, or adjudged as,
having committed an offense
under Philippine laws
b. A child who committed a
crime
c. A child who is already under
rehabilitation and has
committed another crime
d. A child who is imprisoned or
detained for committing a
crime
26. Which of the following are not
exempt from criminal liability?
a. A child 15 years of age or
under at the time of the
commission of the crime
b. A child above 15 years but
below 18 years of age
c. A child above 15 but below
18 years of age who acted
with discernment
d. A child above 8 years old but
below 15 years of age
27. Battered women syndrome
refers to
a. A medical condition where a
woman finds no harm in
being subjected to physical
abuse
b. A scientifically defined pattern
of psychological and
behavioral symptoms found in
women living in battering
relationships as a result of
cumulative abuse
c. A condition wherein the
abuse inflicts physical harm
upon herself or her child
resulting to physical and
psychological distress
d. A type of emotional or
psychological distress
28. “Psychological violence”
refers to
a. Acts or omission causing or
likely to cause mental
suffering of the victim such as
but not limited to intimidation,
harassment, stalking,
damage to property or public
ridicule
b. Refers to acts that make or
attempt to make a woman
financially dependent
c. Refers to an act inflicting
physical harm upon a woman
or her child resulting to the
physical and psychological or
emotional distress
d. Refers to acts that include
bodily or physical harm
29. Which of the following is NOT
an element of the Battered Women
Syndrome defense?
a. Each of the phases of the
cycle of violnec must be
proven to have characterized
at least two battering episode
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM
between the appellant and
her intimate partner
b. The final acute battering
episode preceding the killing
of the batterer must have
produced in the battered
person’s mind an actual fear
of an imminent harm from her
batterer and an honest belief
that she needed to use force
in order to save her life
c. At the time of the killing, the
batterer mus have posed
probable – not necessarily
immediate and actual – grave
harm to the accused, based
on the history of violence
d. The phase of the cycle of
violence must be proven to
have characterized only one
battering episode between
the appellant and her intimate
partner
30. What is the essential element that
distinguishes attempted from
frustrated felony?
a. In the latter, there is an
intervention of a foreign
extraneous cause or agency
between the beginning of the
consummation of the crime and
the moment when all the acts have
been performed which should
result in the consummated crime;
while in the former, there is no
such intervention and the offender
does arrive at the point of
performing all of the acts which
should produce the crime.
b. In the latter, there is no
intervention of a foreign
extraneous cause or agency
between the beginning of the
consummation of the crime and
the moment when all the acts have
been performed which should
result in the consummated crime;
while in the former, there is such
intervention and the offender does
not arrive at the point of performing
all of the acts which should
produce the crime.
c. In the latter, there is an
intervention of a foreign
extraneous cause or agency
between the beginning of the
consummation of the crime and
the moment when all the acts have
been performed which should
result in the consummated crime;
while in the former, there is such
intervention and the offender does
not arrive at the point of performing
all of the acts which should
produce the crime.
d. In the latter, there is no
intervention of a foreign
CLASS 12 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED
SET 1
extraneous cause or agency
between the beginning of the
consummation of the crime and
the moment when all the acts have
been performed which should
result in the consummated crime;
while in the former, there is no
such intervention and the offender
does arrive at the point of
performing all of the acts which
should produce the crime.
31. What is the difference between
attempted rape and acts of
lasciviousness?
a. The difference attempted rape
and acts of lasciviousness lies in
the external acts of the perpetrator.
b. The difference attempted rape
and acts of lasciviousness lies in
the motive of the perpetrator.
c. The difference attempted rape
and acts of lasciviousness lies in
the intent of the perpetrator
deducible from his external acts.
d. The difference attempted rape
and acts of lasciviousness lies in
the purpose of the perpetrator.
32. In the crime of rape, from the
moment the offender has carnal
knowledge of his victim he actually
attains his purpose and from that
moment also, all the essential
elements of the offense have been
accomplished. Nothing more is left
to be done by the offender
because he has performed the last
act necessary to produce the
crime. Thus, the felony is
consummated. Is perfect
penetration essential in the
consummation of rape?
a. Yes. For the consummation of
rape, perfect penetration is
essential. Any penetration of the
female organ by the male organ is
not sufficient. Entry of the labia or
lips of the female organ without
rupture of the hymen or laceration
of the vagina is not sufficient to
warrant conviction.
b. No. For the consummation of
rape, perfect penetration is not
essential. Any penetration of the
female organ by the male organ is
sufficient. Entry of the labia or lips
of the female organ without rupture
of the hymen or laceration of the
vagina is sufficient to warrant
conviction.
c. Yes. For the consummation of
rape, perfect penetration is
essential. Any penetration of the
female organ by the male organ is
not sufficient. Entry of the labia or
lips of the female organ with
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 Page 5 | C L J 1 – C R I M I N A L L A W I
rupture of the hymen or laceration
of the vagina is not sufficient to
warrant conviction.
d. No. For the consummation of
rape, , perfect penetration is not
essential. Any penetration of the
female organ by the male organ is
sufficient. Entry of the labia or lips
of the female organ with rupture of
the hymen or laceration of the
vagina is sufficient to warrant
conviction.
33. When is frustrated theft
committed?
a. Frustrated theft is committed
when there is deprivation of
personal property due to its taking
by one with intent to gain.
b. Frustrated theft is committed when
there is no actual deprivation of
personal property but there is
intent to gain.
c. Frustrated theft is committed when
there is actual deprivation of
personal property but there is no
intent to gain.
d. There is no crime of frustrated
theft.
34. There is conspiracy when two or
more persons come to an
agreement to commit a crime and
decide to commit it. Is it essential
that all accused commit together
each and every act constitutive of
the offense?
a. Yes. It is essential that all the
accused commit together each and
every act constitutive of the
offense. It is not enough that an
accused participates in an act or
deed where there is singularity of
purpose, and unity in its execution
is present.
b. No. It is not essential that all the
accused commit together each and
every act constitutive of the
offense. It is enough that an
accused participates in an act or
deed where there is singularity of
purpose, and unity in its execution
is present.
c. Yes. It is essential that all the
accused commit together each and
every act constitutive of the
offense. It is not enough that an
accused participates in an act or
deed although there is no
singularity of purpose and unity in
its execution.
d. No. It is not essential that all the
accused commit together each and
every act constitutive of the
offense. It is not enough that an
accused participates in an act or
deed although there is no
singularity of purpose and unity in
its execution.
35. What contemplates unlawful
aggression?
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM
a. unlawful aggression
contemplates an actual, sudden
and unexpected attack, or
imminent danger thereof, and not
merely not a threatening or
intimidating attitude – there has to
exist a real danger to the life or
personal safety of the person
claiming self-defense.
b. unlawful aggression
contemplates an actual, sudden
and unexpected attack, or
imminent danger thereof, and not
merely not a threatening or
intimidating attitude – there has to
exist a real danger to the property
of the person claiming self-
defense.
c. . unlawful aggression
contemplates an actual, sudden
and unexpected attack, or
imminent danger thereof, and
merely a threatening or
intimidating attitude – there has to
exist a real danger to the life or
personal safety of the person
claiming self-defense.
d. unlawful aggression
contemplates an actual, sudden
and unexpected attack, or
imminent danger thereof, and not
merely not a threatening or
intimidating attitude – not
necessarily a real danger to the
life or personal safety of the
person claiming self-defense.
36. Insanity exist when there is
complete deprivation of the
intelligence in committing the act
that is complete absence of the
power of discern, or that there is
total deprivation or freedom of the
will. mere abnormality of the
mental faculties will not exclude
imputability. when insanity is
alleged as a ground for exemption
from responsibility, when must the
evidence of insanity must refer to?
a. it must refer to the time
preceding the act under
prosecution or to the very
moment of its execution.
b. it must refer to the time
following the act under
prosecution or to the very
moment of its execution.
c. it must refer to the time during
the act under prosecution or to
the very moment of its
execution.
d. it must refer to the time from
the act under prosecution to the
very moment of its execution.
37. For self-defense to prosper. it must
be positively shown that there was
a previous unlawful and
unprovoked attack that placed the
life of the accused in danger and
forced him to inflict more or less
CLASS 12 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED
SET 1
severe wounds upon his assailant,
employing therefor reasonable
means to resist said attack. is the
presence of unlawful aggression a
condition sine qua non for self-
defense to prosper?
a. No. the presence of unlawful
aggression is not a condition sine
qua non. there can be self-defense
to speak of, whether complete or
incomplete, even though the victim
has not committed an unlawful
aggression against the person
defending himself.
b. Yes. The presence of unlawful
aggression is not a condition sine
qua non. there can be self-defense
to speak of, whether complete or
incomplete, unless the victim has
committed an unlawful aggression
against the person defending
himself.
c. No. the presence of unlawful
aggression is not a condition sine
qua non. there can be self-defense
to speak of, whether complete or
incomplete, even though the victim
has not placed the life of the
accused in danger.
d. none of the above.
38. The lack of “intent” to commit a
wrong so grave is an internal state.
How is it weighed?
a. By the weapon used, the part of
the body injured, the injury inflicted
and the manner it is inflicted.
b. . By the weapon used, the part of
the body injured, the motive and
the manner it is inflicted.
c. . By the weapon used, the part of
the body injured, the aggravating
circumstance accompanying the
crime and the manner it is inflicted.
d. By the weapon used, the part of
the body injured, the injury inflicted
and the time when the crime is
committed.
39. After drinking one case of San
Miguel Beer and taking two plates
of “pulutan,” Gerald, A Filipino
seaman, stabbed to death Dale, a
Singaporean seaman, aboard M/V
“Princess of the Pacific,” an
overseas vessel which was sailing
in the South China Sea (West
Philippine Sea). The vessel
although Panamanian registered,
is owned by Vanessa, a rich
Filipino businesswoman. When
aboard M/V “Princess of the
Pacific” reached a Philippine port
of Cebu City, the captain of the
vessel turned over the assailant
Gerald to the Philippine authorities.
An information for homicide was
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filed against Gerald in the Regional
Trial Court of Cebu City. He moved
to quash the information for lack of
jurisdiction. If you were the judge,
would you grant the motion?
a. Yes, the motion to quash the
information should be granted. The
Philippine court has no jurisdiction
over the crime committed since it
was committed on the high seas
ourtisde of the Philippine territory
and on board a vessel not
registered or licensed in the
Philippines.
b. No, the motion to quash the
information should not be granted.
The Philippine court has
jurisdiction over the crime
committed since it is the
citizenship of the owner of the ship
which governs what laws to apply.
c. Yes, the motion to quash the
information should be granted. The
Philippine court has no jurisdiction
over the crime committed because
what governs is the law of owner
of the ship.
d. No, the motion to quash the
information should not be granted.
The Philippine court has
jurisdiction over the crime
committed since what governs is
the law of the place to which the
accused was surrendered.
40. A, armed with a bolo struck B on
the latter’s chest. B, rendered
unconscious and bleeding
profusely, was left by A. fortunately
for B, he survived the blow and
was immediately treated for the
wound he sustained. When A gave
himself up he admitted to having
killed B and believed that the latter
had already died. What crime did
he commit?
a. Attempted murder
b. Attempted homicide
c. Frustrated homicide
d. Frustrated murder
41. At early dawn, policeman Jose
Tomambing, who was patrolling
his beat, caught the accused in the
act of making an opening with an
iron bar on the wall of a store of
cheap goods. At that time, the
owner of the sotre, Tan Yu, was
sleeping inside with another
Chinaman. The accused had only
succeeded in breaking one board
and in unfastening another from
the wall, when the policeman
showed up, who instantly arrested
him and placed him under custody.
The accused was charged with
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM
attempted robbery. Is the charge
correct?
a. Yes, the act of the accused clearly
shows his intention to forcibly enter
the store and rob.
b. No, the act of the accused does not
constitute a crime punishable in
the RPC.
c. No, although the accused had the
clear intention of entering the store
by means of violence, such act
does not constitute an intent to
take personal property with intent
to gain.
d. Yes, the act of the accused is an
overt act leading to the realization
and consummation of taking
personal property with intent to
gain.
42. BB and CC, both armed with
knives, attacked FT. The victim’s
son ST, upon seeing the attack,
drew his gun but was prevented
from shooting the attackers by AA,
who grappled with him for
possession of the gun. FT died
from knife wounds. AA, BB and CC
were charge with murder. in his
defense, AA invoke the justifying
circumstance of avoidance of
greater evil or injury, contending
that by preventing ST from
shooting BB and CC, he merely
avoided a greater evil. Will AA‘s
defense prosper?
a. Yes. The act of ST, the
victim’s son, is not justified as
a defense of his father against
the unlawful aggression by BB
and CC. ST’s act to defend his
father’s life can be regarded as
an evil in as much as it is, in
the eyes of the law, an
unlawful act. What AA did was
to stop an unlawful defense
which is considered a greater
evil.
b. No, because obviously there
was a conspiracy among BB,
CC and AA, such that the act
of one is considered the act of
all. The act of ST, the victim’s
son appears to be a legitimate
defense of relatives; hence,
justified as a defense of his
father against the unlawful
aggression by BB and CC.
ST’s act to defend his father’s
life cannot be regarded as an
evil in as much as it is, in the
eyes of the law, a lawful act.
What AA did was to stop a
lawful defense, not greater
evil, to allow BB and CC to
CLASS 12 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED
SET 1
achieve their criminal objective
of stabbing ST.
c. Yes. There is no conspiracy
among BB, CC and AA. The
act of AA is considered as a
justifying circumstance of
avoidance of greater evil or
injury because by preventing
ST from shooting BB and CC,
he avoided a greater evil
which is the death of both BB
and CC.
d. No, AA’s defense will not
prosper because the act of AA
is not considered a justifying
circumstance of avoidance of
greater evil or injury for there
was no unlawful aggression on
the part of ST.
43. Accused was watching a
basketball game, when the victim,
who appeared to be drunk,
suddenly and for no reason
wrapped his arm around the
former’s neck and poked a fork
against it with his other arm. A
tanod intervened and took the fork
from the victim and told the latter
to go home, which he heeded.
However, while walking home the
victim was attacked and stabbed
by the accused on the right chest.
Accused claims that he was acting
in self – defense when he stabbed
the victim. It is argued that the
unlawful aggression which began
at the basketball court had
continued until the time of the
stabbing. Will the contention of t he
accused prosper?
a. Yes, the act of the accused
was self – defense. The basic
requirement for self defense is
that there was an unlawful
aggression against the person
defending himself. Unlawful
aggression need not exist
when the aggressor was
injured or disabled by the
person making the defense.
b. No. although the unlawful
aggression continued until the
time of stabbing, the act of the
accused is not justified as self
– defense for he did not
employ reasonable means to
resist the attack.
c. No. what the accused did was
an act of retaliation and not of
self – defense. In retaliation,
the aggression that was begun
by the injured party had
already ceased to exist when
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the accused attacked him. In
self – defense, the aggression
still exists when the aggressor
was injured or disabled by the
person making the defense.
d. Yes. The unlawful aggression
which began at the basketball
court was a previous unlawful
and unprovoked attack that
placed his life in danger.
44. To show the premeditation, it is
required that the criminal intent be
evidenced by notorious acts
evincing the determination to
commit the same. It must be
evident and not merely suspected
or merely thought of or
contemplated mentally, without
externalized acts. When must
evident premeditation be
established.
a. Before the time the crime was
conceived
b. After the time the crime was
conceived
c. Between the time the crime
was conceive and the time the
crime was actually perpetrated
d. After the crime was actually
perpetrated.
45. A, with intent to kill threw B into the
deep water. B, who did not know
how to swim made efforts to keep
himself afloat. The latter had the
chance to seize the gunwale of the
boat, but the accused tried to
loosen the hold of B with an oar.
The accused was prevented from
striking B by other persons. What
is the crime committed, if any?
a. Attempted Homicide
b. Attempted Murder
c. Frustrated Homicide
d. Frustrated Murder
46. The laws of preferential
application applies to all, except:
a. Ambassador
b. Consul
c. Diplomat
d. Head of State
47. If a foreign merchant vessel is
in the center lane and a crime was
committed, under the Archipelagic
Rule, the crime will be prosecuted
in
a. Philippine courts.
b. The country where the vessel is
registered.
c. Any country because the crime
was committed in the high
seas.
d. The port of destination of the
vessel.
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM
48. Acts or omissions will only be
subject to penal law if they are
committed
a. Before the penal law had taken
effect
b. During the penal law had taken
effect
c. After the penal law had taken
effect
d. After the penal law had taken
effect, provided it is favorable to
the accused
49. The offender is made to suffer
the wrong he has done.
a. Eclectic philosophy
b. Juristic philosophy
c. Positivist philosophy
d. Utilitarian theory
50. The purpose of penalty in this
philosophy is reformation.
a. Classical
b. Positivist
c. Eclectic
d. Utilitarian
51. A vessel is not registered in
the Philippines. A crime is
committed outside Philippine
territorial waters. Then the vessel
entered our territory. Will the
Revised Penal Code apply?
a. Yes, due to the generally
accepted rules in international
law
b. No, our courts cannot take
cognizance of the case
c. Yes, because the crime is
continuing
d. No, Philippine courts does not
have jurisdiction over the crime
52. If A, a passenger in a jeepney
seated in front of a lady, started
putting out his tongue suggesting
lewdness, there is
a. an overt act causing injury on
the lady
b. an overt act in contemplation of
criminal law
c. an overt act constituting culpa
d. a covert act in violation of the
law
53. All are requisites of dolo,
except:
a. Deliberate intent
b. Freedom of action
c. Intelligence
d. Lack of discernment
54. All are requisites of culpa,
except:
a. Criminal negligence
b. Freedom of action
c. Intelligence
d. Deliberate intent
55. In a case decided by the
Supreme Court, two persons went
wild boar hunting. On their way,
they met Pedro standing by the
door of his house and they asked
him where they could find wild
boars. Pedro pointed to a place
where wild boars were supposed to
CLASS 12 4-POINT AGENDA:
1) FINISH WELL 2) STAY FOCUSED
SET 1
be found, and the two proceeded
thereto. Upon getting to the place,
they saw something moving, they
shot, unfortunately the bullet
ricocheted killing Pedro. Are the two
persons criminally liable?
a. Yes, they are criminally liable
b. Yes, there is negligence
c. No, it is an accident
d. No, it is a mistake of fact
56. It is the determination to do a
certain thing, an aim or purpose of
the mind. It is the design to resolve
or determination by which a person
acts.
a. Motive
b. Discernment
c. Intent
d. Criminal mind
57. It is the mental capacity to tell
right from wrong. It relates to the
moral significance that a person
ascribes to his act.
a. Intelligence
b. Moral attribute
c. Wisdom
d. Discernment
58. Intent is
a. Demonstrated by a particular
means to bring about a desired
result
b. A state of mind
c. A reason for committing a crime
d. The result of an act
59. Motive is
a. The moving force to do an act
b. An impulse to do an act
c. A passion to do a crime
d. All of the foregoing
60. Statement 1: Intent is
manifested by the instrument used
by the offender.
Statement 2: When there is motive
in the commission of a crime, it
always comes before the intent.
But a crime may be committed
without motive.
a. Statements 1 and 2 are correct
b. Statements 1 and 2 are wrong
c. Statement 1 is true, statement
2 is false
d. Statement 1 is false, statement
2 is true
61. A husband came home and
found his wife in a pleasant
conversation with a former suitor.
Thereupon, he got a knife and
stabbed the former suitor.
a. The moving force of the
husband is intent
b. The moving force of the
husband is jealousy
c. The husband had no moving
force to act
d. The overt act is jealousy
62. In a case where mother and
son were living in the same house,
and the son got angry and strangled
his mother, the son, when
prosecuted for parricide, raised the
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 Page 8 | C L J 1 – C R I M I N A L L A W I
defense that he had no intent to kill
his mother.
a. There is intent to kill by
accident
b. There is motive to kill
c. There is intent to kill by means
of strangulation
d. There is no intent to kill
63. The gravamen of the offense
a. Mala in se
b. Mens rea
c. Intent
d. Motive
64. When the offender acted out
of a misapprehension of fact he
acted
a. With criminal intent
b. Without criminal intent
c. With deliberate intent
d. Without motive
65. When the offender acted out
of a misapprehension of fact, the
act is
a. Absolutory if the crime involved
dolo
b. Absolutory if the crime involved
is with bad faith
c. Exculpatory if with malice
d. With criminal liability
66. A person who violated the
Revised Penal Code is a
a. Criminal
b. Suspect
c. Felon
d. Felony
67. All incurs criminal liability,
except:
a. Preater intentionem
b. Mistake of identity
c. Mistake of fact
d. Mistake in the blow
68. In proximate cause, a person
is not criminally liable if there is a
a. Supervening event
b. Immediate cause
c. Alteration of events
d. All of the foregoing
69. All are wrongful acts done
although different from what was
intended, except:
a. Mistake of fact
b. Mistake in the blow
c. Mistake of identity
d. None of the foregoing
70. Any wrongdoing punishable
by any crime law is called
a. Crime
b. Felony
c. Misdemeanor
d. None of the foregoing
71. If the moral trait of the offender
is considered, it is a crime under the
a. RPC
b. Special laws
c. Any penal law
d. All of the foregoing
72. If the host country has
jurisdiction over crimes committed
CHMSC CJE-CRIM PHILOSOPHY:
EDUCATION + TRAINING = EXCELLENCE
MIDTERM EXAM SET 1
on board the vessel, as a general c. Consummated
rule, it is the d. All of the foregoing
a. French rule 81. All are crimes considered as
b. English rule light felonies, except:
c. Spanish rule a. Slight physical injuries
d. Archipelagic rule b. Robbery
73. Is the death penalty c. Theft
abolished? d. Malicious mischief
a. Yes, it is not allowed in our 82. The injury is on the intended
country victim but the resulting
b. Yes, under RA 9346 consequences is so grave a wrong
c. No, what is prohibited is only its than what was intended.
imposition a. Preater intentionem
d. No, it is still in force today b. Aberratio ictus
74. A wrongful act resulting from c. Error in personae
malice. d. Proximate cause
a. Dolo 83. A and B went on a drinking spr
b. Culpa ee. While they were drinking, they
c. Felony
d. Crime had some argument so A stabb
75. It refers to any kind of body ed B several times. A’s defense
movement, external in nature which is that he had no intention of killi
has a direct connection with the ng his friend and that he did not int
felony intended to be committed end to commit so grave a wrong
a. Criminal Act as that committed.
b. Overt act a. There is preater intentionem
c. Criminal intent b. There is a culpable felony
d. Freedom of action c. There is aberratio ictus
76. Intent to kill in the crime of d. There is intent to commit a
murder is a grave act
a. General criminal intent 84. All are requisites of proximate
b. Specific criminal intent cause, except:
c. Mens rea of the crime a. The direct, natural and logical
d. Motive in the crime cause
77. Statement 1: In murder, the b. With sufficient intervening
intent to kill is demonstrated by the cause
use of a lethal weapon c. Produces the injury or damage
Statement 2: In murder, the intent d. Without which the result would
may be vengeance not have occurred
a. Statements 1 and 2 are correct 85. Pickpocketing an empty wallet
b. Statements 1 and 2 are wrong is
c. Statement 1 is true, statement a. A legal impossibility
2 is false b. A physical impossibility
d. Statement 1 is false, statement c. Not a criminal act
2 is true d. An impossible act
78. Motive is material to all, except 86. All are elements of frustrated
when: felony, except:
a. The acts bring about variant a. All the acts of execution would
crimes produce a felony as a
b. The evidence in the consequence
commission of the crime is b. The felony is not produced
purely circumstantial c. By reason of causes
c. The killing took place in a independent of the will of the
house perpetrator
d. Where there are no d. The act has passed the
eyewitnesses to the crime subjective phase
79. Statement 1: Mistake of fact is 87. A person enters the dwelling of
a defense in culpable felony another. However, at the very
Statement 2: Mistake of fact is a moment of his entry and before
defense in intentional felony he could do anything, he is alr
a. Statements 1 and 2 are correct eady apprehended by the househol
b. Statements 1 and 2 are wrong d members, can he be charged wit
c. Statement 1 is true, statement h attempted robbery?
2 is false a. Yes as he has passed the
d. Statement 1 is false, statement objective phase in robbing
2 is true b. Yes, as he has intention to rob
80. Light felonies are punishable c. No, he does not plan to rob
only when they are: d. No, he is only liable for trespass
a. Attempted to dwelling
b. Frustrated
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 Page 9 | C L J 1 – C R I M I N A L L A W I MIDTERM EXAM SET 1
88. When an overt act is d. Statement 1 is false, statement B. Territorial
committed the offender has passed 2 is true C. Prospective
the 94. An agreement between D. Retroactive
a. Attempted stage countries is called 104. A legislative act which inflicts
b. Objective phase a. Law of preferential application punishment without judicial trial.
c. Subjective phase b. Treaty A. Bill of Attainder
d. Consummated stage c. International agreement B. Bill of Rights
89. Statement 1: Estafa is a d. United Nations Charter C. Ex Post Facto Law
felony committed by dolo. 95. Infractions of mere rules of D. Penal Law
Statement 2: Malice and intent to convenience designed to secure a 105. What must be considered in
defraud are required of estafa. more orderly regulation of the determining whether the crime
a. Statements 1 and 2 are correct affairs of the society. committed is only attempted,
b. Statements 1 and 2 are wrong a. mala prohibita frustrated or consummated?
c. Statement 1 is true, statement b. mala in se A. All of these
2 is false c. public crimes B. The elements constituting the
d. Statement 1 is false, statement d. private crimes felony
2 is true 96. Those where the act C. The nature of the offense
90. Statement 1: General criminal committed is a crime but for D. The manner of committing the
intent is an element of all crimes reasons of public policy and felony
Statement 2: A deliberate and sentiment there is no penalty 106. Heads of State or
unlawful act gives rise to a imposed. Ambassadors can NOT be held
presumption of malice by culpa. a. Impossible crimes criminally liable in another state or
a. Statements 1 and 2 are correct b. Absolutory crimes place of assignment under the
b. Statements 1 and 2 are wrong c. Complex crimes principles of international law. This
c. Statement 1 is true, statement d. Extenuating crimes is an EXCEPTION to the general
2 is false 97. It means that the resulting characteristic of Criminal Law which
d. Statement 1 is false, statement injury is greater than that which is is
2 is true intended. A. Prospectivity
91. Intent to kill must be proved by a. Aberratio ictus B. Generality
all of the following, except: b. Error in personae C. Territoriality
a. Motive of the offender c. Dura lex sed lex D. Immunity
b. Nature or number of weapons d. Praeter intentionem 107. When the law attaches capital
used 98. It means mistake in the blow punishment or afflictive penalties
c. The manner the crime was a. Aberratio ictus the felony is said to be
committed b. Error in personae A. Grave
d. Presence of malice and bad c. Dura lex sed lex B. Light
faith d. Praeter intentionem C. Less grave
92. Statement 1: Homicidal intent 99. A stage of execution when all D. Serious
must be evidenced by the acts that, the elements necessary for its 108. A, with intent to kill, fired a
at the time of their execution, are execution and accomplishment are revolver at B. He inflicted a fatal
unmistakably calculated to produce present wound. A brought B to a hospital,
the death of the victim by adequate A. Attempted and due to timely medical
means. B. Frustrated assistance, B survived. What crime
Statement 2: There being no C. Consummated did A commit?
conspiracy, liability will only evolve D. Accomplished A. physical injuries
around the participation of each 100. Crimes that have three stages B. attempted felony
individual. of execution. C. frustrated felony
a. Statements 1 and 2 are correct A. Material D. no criminal liability
b. Statements 1 and 2 are wrong B. Formal 109. The law must be interpreted
c. Statement 1 is true, statement C. Seasonal liberally in favor of the _____ and
2 is false D. Continuing strictly against the _____.
d. Statement 1 is false, statement 101. Felonies where the acts or a. Accused: state
2 is true omissions of the offender are b. Criminal: offender
93. Statement 1: In the crime of malicious. c. Government: people
rape, penetration is an essential act A. Culpable d. State: accused
to produce a felony. B. Intentional 110. Illegal possession of a firearm
Statement 2: For there to be an C. Deliberate is a crime.
attempted rape, the accused must D. Inculpable a. Mala delicta
have commenced the act of 102. It indicates deficiency of b. Mala prohibita
penetrating his sexual organ to the perception. c. Mala in se
vagina of the victim but for some A. Negligence d. Mala selecta
cause or accident other than his B. Diligence 111. A grievous, wicked, perverse,
own spontaneous desistance, the C. Imprudence evil is called ______ crime.
penetration, however slight, is not D. Inference a. Overt act
completed
a. Statements 1 and 2 are correct 103. A character of Criminal Law, b. Divine
making it binding upon all persons c. Heinous
b. Statements 1 and 2 are wrong d. Natural
who live or sojourn in the
c. Statement 1 is true, statement
Philippines.
2 is false
A. General 112. Which is not an element of
culpa?
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 Page 10 | C L J 1 – C R I M I N A L L A W I MIDTERM EXAM SET 1
a. Lack of foresight
b. Lack of knowledge
c. Imprudence
d. Negligence
113. Failure to perform a duty
required by law is
a. commission
b. omission
c. contract
d. order
114. A used poison to kill B.
However, B survived because A
used small quantities of poison,
there is
a. Employment of inadequate
means
b. Ineffectual means
c. Proximate cause
d. Possible crime
115. Which act will incur absolutory
cause?
a. Instigation
b. Entrapment
c. Hot pursuit operation
d. Check-point

-end of exam_

CHMSC CJE-CRIM PHILOSOPHY: CLASS 12 4-POINT AGENDA:

EDUCATION + TRAINING = EXCELLENCE 1) FINISH WELL 2) STAY FOCUSED 3) NEVER QUIT 4) GO FOR 100