HEADSTART COLLEGE OF COTABATO

MB Tamontaka, Cotabato City: MAIN

Makakua St., Brgy. Pob. 5, Cotabato City: Annex
Tel# 421-6571/3903592

PRELIM EXAM
CLJ 5 COURT TESTIMONY

Name: __________________________________________Score: ___________________________

Class Schedule: ___________________________________Instructor: Atty. Norpaisa A. Paglala, Sh. C

TEST I 5.  Any person who acts in the fulfillment of

a duty or in the lawful exercise of a right
Instructions: Encircle the letter that best or office.
describes the answer. (2pts. each item) a. Justifying circumstance
b. Exempting circumstance
1. Felony is when all the
elements necessary for its execution c. Mitigating circumstance
and accomplishment are present. d. Aggravating circumstance
a. Consummated 6. A person under nine years of age.
b. Frustrated a. Justifying circumstance
c. Attempted b. Exempting circumstance
d. Punishable c. Mitigating circumstance
2. Felony is when the d. Aggravating circumstance
offender commences the commission of 7. Any person who acts in obedience to an
a felony directly or over acts, and does order issued by a superior for some
not perform all the acts of execution lawful purpose.
which should produce the felony by a. Justifying circumstance
reason of some cause or accident other b. Exempting circumstance
than this own spontaneous desistance. c. Mitigating circumstance
a. Consummated d. Aggravating circumstance
b. Frustrated 8. The offender had no intention to commit
c. Attempted so grave a wrong as that committed.
d. Punishable a. Justifying circumstance
3. It exists when two or more persons b. Exempting circumstance
come to an agreement concerning the c. Mitigating circumstance
commission of a felony and decide to d. Alternative circumstance
commit it. 9. . The act be committed with abuse of
a. Crime confidence or obvious ungratefulness.
b. Felony a. Justifying circumstance
c. Conspiracy b. Exempting circumstance
d. Piracy c. Aggravating circumstance
4. Anyone who acts in defense of the d. Alternative circumstance
person or rights of his spouse, 10. The offender had voluntarily
ascendants, descendants, or legitimate, surrendered himself to a person in
natural or adopted brothers or sisters, or authority or his agents, or that he had
his relatives by affinity in the same voluntarily confessed his guilt before the
degrees and thoseconsanguinity within court prior to the presentation of the
the fourth civil degree, provided that the evidence for the prosecution;
first and second requisites prescribed in a. Aggravating circumstance
the next preceding circumstance are b. Alternative circumstance
present, and the further requisite, in c. Exempting circumstance
case the revocation was given by the d. Mitigating circumstance
person attacked, that the one making
defense had no part therein.
11. A person who act under the compulsion
a. Justifying circumstance
of irresistible force.
b. Exempting circumstance a. Justifying circumstance
c. Mitigating circumstance b. Mitigating circumstance
d. Aggravating circumstance c. Exempting circumstance
 d. Alternative circumstance
12. A person who, while performing a lawful
act with due care, causes an injury by
mere accident without fault or intention
of causing it.
a. Justifying circumstance
b. Alternative circumstance
c. Aggravating circumstance
d. Exempting circumstance
13. That of having acted upon an impulse
so powerful as naturally to have
produced passion or obfuscation.
a. Justifying circumstance
b. Mitigating circumstance
c. Aggravating circumstance
d. Exempting circumstance
14. The accused is a recidivist.
a. Aggravating circumstance
b. Mitigating circumstance
c. Exempting circumstance
d. Alternative circumstance
15.  The act be committed with evidence
premeditation.
a. Justifying circumstance
b. Aggravating circumstance
c. Mitigating circumstance
d. Alternative circumstance
16. The act be committed with treachery
(alevosia).
a. Aggravating circumstance
b. Alternative circumstance
c. Mitigating circumstance
d. Justifying circumstance
17.  A person who acts in obedience to an
order issued by a superior for some
lawful purpose.
a. Mitigating circumstance
b. Exempting circumstance
c. Justifying circumstance
d. Aggravating circumstance
18. A person who fails to perform an act
required by law, when prevented by
some lawful insuperable cause.
a. Aggravating circumstance
b. Exempting circumstance
Define the following.
c. Justifying circumstance
d. Mitigating circumstance
19. The offender is under eighteen year of
age or over seventy years.
a. Justifying circumstance
b. Mitigating circumstance
c. Exempting circumstance
d. Aggravating circumstance
20. The advantage be taken by the offender
of his public position.
a. Aggravating circumstance
b. Mitigating circumstance
c. Exempting circumstance
d. Alternative circumstance
21. An imbecile or an insane person, unless
the latter has acted during a lucid
interval.
a. Justifying circumstance
b. Exempting circumstance
c. Mitigating circumstance
d. Aggravating circumstance
22. Any person who, while performing a
lawful act with due care, causes an
injury by mere accident without fault or
intention of causing it.
a. Justifying circumstance
b. Exempting circumstance
c. Mitigating circumstance
d. Aggravating circumstance
23. Person who take a direct part in the
execution of the act.
a. Accomplice
b. Accessory
c. Principal
d. Criminal
24. Person who directly force or induce
others to commit a crime.
a. Accomplice
b. Accessory
c. Criminal
d. Principal
25. Those who, having knowledge of the
commission of the crime, and without
having participated therein, either as
principals or accomplices, take part
subsequent to its commission.
a. Accessory
b. Accomplice
c. Principal
d. Criminal
TEST II
1. Define Principal.
2. Define Accessory.
3. Define Accomplice.
4. Define conspiracy and proposal to commit
felony.
5. Define grave felonies, less grave felonies
and light felonies.