Professional Documents
Culture Documents
50. A fine, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is
not less than 200 pesos; and a light penalty if it less than 200 pesos. The statement is:
a. true b. false
51. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for _______, unless such
person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.
a. 30 years b. 40 years
52. The penalty of ______ shall be from twelve years and one day to twenty years.
a. reclusion temporal b. Prison mayor
53. The duration of the penalty of _______ shall be from one day to thirty days.
a. arresto mayor b. Arresto menor
54. Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of
liberty, with the ______ during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon convicted prisoners.
a. full time b. 4/5
55. Which of these is not entitled to credit of full time of preventive imprisonment?
a. recidivists or have been convicted previously twice or more times of any crime
b. Persons upon being summoned for the execution of their sentence they have failed to surrender voluntarily
c. all of these
56. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after how many days of
preventive imprisonment?
a. 30 days b 40 days
57. This penalty shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to
the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by
any act or any conveyance inter vivos.
a. civil interdiction b. Bond to keep the peace
58. It shall be the duty of any person sentenced to this penalty, to present two sufficient sureties who shall undertake that such person will
not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court
in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. Penalty for this is
either 6 months or 30 days.
a. bond to keep the peace b. Bond for good behavior
61. If the convict has no property with which to meet the fine, he shall be subject to a subsidiary personal liability at the rate of one day for
each eight pesos (or P481). This is:
a. subsidiary penalty/imprisonment b. Criminal liability
62. Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments
or tools with which it was committed. The statement is:
a. true b. false
63. The proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third
person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. The statement is:
a. true b. false
64. The penalty prescribed by law for the commission of a felony shall be imposed upon the accessory in the commission of such felony.
The statement is:
a. true b. false
65. Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the attempted felony. The
statement is:
a. correct b. incorrect
66. When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.
a. complex crime b. continuing crime
67. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in
defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. The statement
is:
a. true b. False
68. There is no increase in the penalty with respect to any aggravating circumstance inherent in the crime to such a degree that it must of
necessity accompany the commission thereof. This statement is:
a. true b. false
69. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the
offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and
accessories as to whom such circumstances are attendant. The statement is:
a. true b. false
70. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein. The statement is:
a. true b. false
71. He is a person who within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.
a. recidivist b. Habitual delinquent
72. A habitual delinquent may not be obliged to serve an additional penalty for more than _______.
a. 30 years b. 40 years
74. Which of these is a rule to be followed in the application of penalties which contain three periods?
a. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium
period.
b. When only a mitigating circumstances is present in the commission of the act, they shall impose the penalty in its minimum period.
c. When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.
d. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other
according to their relative weight.
e. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such
circumstances. f. All of these
75. Upon a person over fifteen and under eighteen years of age who have acted with discernment the penalty next lower than that
prescribed by law shall be imposed, but always in the proper period. The statement is:
a. true b. false
76. A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of
the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11
and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed
proper, in view of the number and nature of the conditions of exemption present or lacking. This statement is:
a. true b. false
77. When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit.
The statement is:
a. true b. false
78. In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or
as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served
out. This is the rule on:
a. simultaneous service of sentence b. Successive service of sentence
79. The maximum duration of the convict's sentence shall not be more than threefold the length of time corresponding to the most severe
of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals
the same maximum period. This is the:
a. three fold rule on the service of sentence
b. Successive rule on service of sentence
80. In applying the three fold rule, the maximum duration or period shall in no case exceed how many years?
a. 30 years b. 40 years
81. A penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be the minimum the next the
medium, and the most severe the maximum period.
a. complex crimes b. Complex penalties
82. When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be
______ only with regard to the personal penalty.
a. Suspended b. Continued
83. Any person sentenced to ________ shall not be permitted to enter the place or places designated in the sentence, nor within the radius
therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.
a. destierro b. Civil interdiction
84. The penalty of ________ shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may
seem satisfactory to it.
a. arresto menor b. Arresto mayor c. both a and b
85. The civil liability of the accused who died is extinguished if:
a. his death occurs before final judgment
b. his death occurs after final judgment
87. Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall
prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
These statements are all:
a. True b. False
88. 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, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. The statement
is:
a. true b. false
89. The term of prescription of crime shall not run when the offender is absent from the Philippine Archipelago. The statement is:
a. true b. false
90. The penalties imposed by final sentence or prescription of crime shall be as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years;
4. Light penalties, in one year. These statements are:
a. True b. False
91. The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence,
and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this
Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription. The statement is:
a. true b. false
93. What is the effect of the convict’s non-compliance with any of the conditions of the conditional pardon?
a. it shall result in the revocation of the pardon
b. Article 159 shall be applied to him.
c. He will be sentenced to destierro
d. Some of these
94. The ___________ of the original sentence for another of a different length and nature shall have the legal effect of substituting the
latter in the place of the former.
a. reprieve b. commutation
95. The good conduct of any prisoner in any penal institution shall entitle him to deductions from the period of his sentence
a. allowance for good conduct/good conduct time allowance
b. exemplary behavior
96. A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence
under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe to in said article. a. special time allowance for loyalty b. evasion of
service of sentence 97. Every person criminally liable for a felony is also civilly liable. The statement is:
a. true b. false
98. In default of the persons criminally liable, innkeepers, tavern keepers, and any other persons or corporations shall be civilly liable for
crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general or special police regulation
shall have been committed by them or their employees. This also apply to employers, teachers, persons, and corporations engaged in any kind
of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties. This is:
a. subsidiary imprisonment b. Subsidiary civil liability
100. It is a misapprehension of fact on the part of the person who caused injury to another. He is not liable for absence of criminal intent.
a. mistake of fact b. ignorance of the law
101. It is that cause which in the ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury.
a. probable cause b. Proximate cause
102. It is one where the purpose of the offender in performing an act is not certain.
a. indeterminate offense b. Material crimes
103. Those where the act of a person is said to be in accordance with the law. As a consequence he is freed from criminal and civil liability.
a. justifying circumstances b. Exempting circumstances
104. It is any unjust or improper conduct on the part of the offended party capable of inciting or irritating any one.
a. vindication of grave offense b. provocation
105. Those grounds for exemption from punishment because there is wanting/missing in the agent of the crime any of the conditions which
make the act voluntary or negligent.
a. exempting circumstances b. Mitigating circumstances
106. He is one who is old but has a mental development similar to children between the ages 2-7 years.
a. my classmate b. Imbecile c. moron d. idiot
107. The mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of his felonious acts.
a. lucid interval b. discernment
108. It is a force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a mere instrument and as
such incapable of committing a crime.
a. irresistible force b. Uncontrollable fear
109. The exempting circumstance presupposes that the accused is compelled by means of threat or intimidation by a third person to commit
a crime. a. irresistible force b. Uncontrollable fear
110. One which takes place when a peace officer induces a person to commit a crime. Without the inducement, the crime would not be
committed. It exempts one from criminal liability.
a. entrapment b. instigation
111. Those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty.
a. mitigating circumstances b. Aggravating circumstances
112. Are those which if attendant in the commission of the offense, would serve to increase the penalty.
a. aggravating circumstances b. Mitigating circumstances
113. That period of darkness beginning at end of dusk and ending at dawn.
a. uninhabited place b. nighttime
114. One where there are no houses or where the houses are scattered at a great distance from each other.
a. band b. Uninhabited place
115. It involves a determination to commit the crime prior to the moment of its execution and also to carry out the criminal intent which
must be the result of deliberate, calculated and reflective thoughts through a period of time sufficient to dispassionately consider and accept
the consequences thereof, thus indicating greater perversity.
a. treachery b. Evident premeditation
116. It is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It is the use of intellectual
trickery and cunning on the part of the accused.
a. craft b. fraud
117. These are insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out
his design.
a. craft b. fraud
118. It involves the deliberate effort of the accused to conceal his identity in the commission of the crime.
a. disguise b. Superior strength
119. It is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. It is a
circumstance that tends to make the effects of the crime more humiliating, thus adding to the victim’s moral sufferings.
a. ignominy b. cruelty
120. This aggravating circumstance takes place when an entrance is affected by a way not intended for the purpose.
a. trespass b. Unlawful entry
121. It is a circumstance whereby the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary
physical pain in the consummation of his criminal act.
a. ignominy b. cruelty
122. It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is
bestowed from the punishment the law inflicts for the crime he has committed. It may be a conditional or absolute.
a. pardon b. amnesty
123. It is a single crime, consisting of a series of acts all arising from one criminal resolution. It is a continuous, unlawful act or series of act
set on foot by a single impulse and operated by an unintermittent force, however long time it may occupy.
a. complex crimes b. Continuing crimes
124. It means a group of two or more persons collaborating, confederating, or mutually helping one another for the purpose of gain in the
commission of a crime.
a. organized/syndicated crime b. Band
125It is an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely exercised in favor of a single
individual, and is usually exerted in behalf of certain classes of persons who are subject to trail but not yet convicted.
a. amnesty b. Pardon
126. It is the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time.
a. prescription of crim b. Prescription of penalty