MOCK BAR EXAMINATION QUESTIONS IN 4.

Which rule on jurisdiction over crimes

CRIMINAL LAW committed on foreign vessels while on
Philippine waters is not followed in the
Philippines?
1. Which of the following has the power to a. The French Rule – The crimes are not
define and punish crime? triable in the Philippines unless the crimes
a. The legislative affect the peace and security, or safety of the
Philippines is endangered.
b. The Chief Executive
b. The Anglo-American Rule or the
c. The Supreme Court English Rule – the crimes are triable in the
Philippines unless the crimes affect merely the
d. Sandiganbayan
internal management of the vessel.
e. Trial Courts
c. If the foreign vessel is a warship,
2. Which of the following is not a Philippines Courts have no jurisdiction because
limitation on the power of the legislative to a warship is an extension of the country to
enact penal laws? which it belongs and it is not subject to the laws
of another state.
a. Prohibition against Bill of Attainders
or Ex-post facto law. d. The Philippines Courts have
jurisdiction to try continuing crimes committed
b. Equal Protection of the law in a vessel sailing from a foreign port into
Philippines waters, even if the crimes are not
c. Prohibition against cruel, degrading,
punishable in the foreign country were the
or inhuman punishment or imposition of
vessel comes from the crimes are punishable
excessive fines.
under Philippine laws.
d. Abridgment of the obligation of
5. When does the repeal of penal law not
contract.
extinguish crime?
3. Which of the following is not a
a. The repeal of a law under which
characteristic of penal law?
there is pending case against the accused at the
a. Generality time of repeal.

b. The repealing law wholly fails to

b. Territoriality penalize the acts defined and penalized in the
repealing law.
c. Prospectivity
c. Implied repeal or repeal by re-
d. Retroactivity when favorable to enactment.
accused
6. An escaped prisoner, then armed with a
e. Adjective or Remedial bamboo lance, was asked by a policeman to
surrender, refused to do so and instead
answered the latter with a stroke of his lance,
the policeman in pursuing the prisoner fired his
revolver and caused the death of the prisoner,
Is the act of the policeman on resorting to
extreme means will always be justified?
a. Yes, since an arresting officer is
required to act within the performance of his
duty, he must stand his ground and cannot, like
a private individual, take refuge in fight, his duty
requires to overcome his opponent:
b. No, it was provided under the Rule of
Court that no violence or unnecessary force
shall be used in making an arrest. Such
provision accepts no exception:
c. It depends, the reasonableness of the
force employed by the arresting officer must be
adjudged in the light of the circumstances as
they appeared to the officer at the time he
acted, and the means is generally considered to
that which an ordinary prudent and intelligent
person with the knowledge would have deemed
necessary under the circumstances.
7. Which of the following is not a source
of criminal law?
a. The Constitution
b. Acts of legislature
c. Presidential Decrees and Executive
Orders issued by Marcos during Martial Law,
and by Cory Aquino during her Revolutionary
Government.
d. Implementing rules and regulations
providing a penalty as authorized by the basic
law.
8. Which of the following is an absolutory
cause?
a. Aberratio ictus
b. Praeter intentionem
c. Mistake of fact
d. Proximate cause
e. Error in persona
f. Impossible crime
9. Which of the following is a crime malum
in se?
a. Offenses punished by the Revised
Election Code, a special law, for the omission or
failure to include a voter’s name in the in the
registry list of voters.
b. Illegal possession of firearms
c. Violation of BP 22 for issuing a
bouncing check
d. Offenses defined and punished by
the Revised Penal Code.
e. Carnapping Law
f. Dangerous Drugs Law
10. The Revised Penal Code (RPC) belongs
to the Classical Theory the main purpose is
retribution under a system where gravity of the
penalty is proportionate to the gravity of the
crime committed, However, there are some
articles in the RPC that are positivistic in
orientation intended to curb the dreadful and
dangerous tendencies of the individual. Which
of the following articles in the RPC does not
pertain to the Positivist School?
a. Article 4, RPC – impossible crimes
 b. Article 13, paragraph 7, RPC – on the a. Imbecility
mitigating circumstances of voluntary
surrender and plea of guilty.
b. Insanity
c. Article 11, paragraph 1, RPC – on self-
defense
c. Insuperable cause
d. Three fold rule
d. Minor exactly 9 years old at the time
e. Extenuating and absolutory causes
of the commission of the offense
11. Which of the following is not a
e. Entrapment
punishable conspiracy?
f. Irresistible force
a. Conspiracy to commit treason
g. Impulse of Uncontrollable fear
b. Conspiracy to commit rebellion
h. Instigation
c. Conspiracy to commit coup d’ etat
i. Accident
d. Conspiracy to commit murder
14. Which of the following is a not ordinary
e. Conspiracy to commit sedition
mitigating circumstance?
f. Monopolies and combination in
a. Incomplete self-defense, incomplete
restraint of trade
defense of relatives and strangers
12. Which of the following is not a justifying
b. Illness that diminishes the exercise of
circumstance?
will power
a. Self-defense
c. Lack of intent to commit so grave a
b. Defense of property wrong

c. Defense of honor d. Sufficient provocation

d. Defense of relatives e. Immediate (proximate) vindication of

a grave offense
e. Accident
f. Passion or obfuscation
f. Avoidance of greater evil or injury
g. Voluntary surrender
g. Battered woman syndrome
h. Voluntary plea of guilty
h. Defense of strangers
i. Confession of guilt
13. Which of the following is not an
exempting circumstances? j.Being deaf and dump or blind
15. Which of the following is not a c. Lack of regard due to offended party
privileged mitigating circumstances? by reason of rank

a. Incomplete self-defense, incomplete defense d. The offense is committed in the

of relatives and strangers
b. The Offender is 18 years old
c. Schizoprenia
d. Article 255, RPC – concealment of honor of
the mother in infanticide
palace of the Chief Executive or in his or her
presence, or in a place dedicated to religious
worship.
18. Which of the following aggravating
circumstances may not be appreciated in crimes
against persons?

e. Article 268, RPC - voluntary release a. Evident premeditation

of a person detained within 3 days without the b. Treachery
accused attaining his purpose and before
institution of criminal action. c. Abuse of Superior Strength

f. Article 333, RPC – unjustified d. Means employed to weaken the

abandonment of the spouse in the crime of defense
adultery
e. Abused of official position
16. Insult may not be appreciated as a
requisite for: f. Ignominy

g. Cruelty
a. Unlawful aggression in self-defense
and defense of relatives and strangers h. Price, Reward or promise
b. Passion and obfuscation as a i. Dwelling
mitigating circumstance
j. Fraud, craft and disguise
c. Vindication of a Grave offense as a
mitigating circumstance 19. Which of the following aggravating
circumstances does not qualify the killing of
d. Sufficient provocation as a mitigating homicide to murder?
circumstance
a. Evident premeditation
17. In the following aggravating
circumstances, it is not necessary that there is b. Price, Reward or Promise
performance of official duties or functions at
c. Treachery
the time of the commission of the offense:
d. Use of Poison
a. Taking advantage of official position
e. Dwelling, Nightime and sex of
b. In contempt of or with insult to
offended
public authorities
 f. Use of motor vehicle e. Absolutory cause

g. Use of Explosion 23. Which of the following is not an accessory

penalty?
20. Which of the following is not an
alternative circumstance? a. Suspension from public offices, profession or
right of suffrage
a. Relationship
b. Civil interdiction
b. Age
c. Indemnification
c. Intoxication
d. Payment of costs
d. Degree of Instruction and education of
the offender e. Perpetual or temporary absolute
disqualification
e. All of the above
f. Perpetual or temporary special
21. Which among the following is not included disqualification
in civil interdiction criminally liable for
felonies? 24. What is meant by the term “mens rea”?

a. Parental authority a. no intent to commit so grave a wrong

b. Guardianship of the person or the b. good faith in the commission of the

property of the ward crime

c. Marital Authority c. no malice in committing the crime

d. Management of his property d. unlawful intent

e. Right to dispose of his property by any 25. Proximate cause means:

act or conveyance mortis causa
a. the motive in committing the crime
f. Right to dispose of his property by any
b. the unlawful intent in committing in
act or conveyance inter vivos
committing the crime
22. A minor 9 or under is
c. the efficient cause uninterrupted by any
a. Absolutely exempt from criminal supervening event without which the result
liability would not have occurred

b. Relatively exempt from criminal liability d. the reason of the offender in

committing the crime
c. Enjoys privileged mitigating
circumstance e. Direct cause

d. Extenuating circumstance 26. Reckless imprudence is a crime only when:

a. the offender is under the influence of drugs e. mistake of fact

b. the offender is under the influence of 30. To overcome intelligence as an element of

liquor criminal liability one has to prove

c. the imprudence results in the a. Deprivation of cognition

commission of a consummated felony or crime
b. Under the compulsion of an irresistible
d. the felony is attempted force

e. the felony is frustrated c. Mistake of fact

27. A child in conflict with the law is one who: d. Mistake of identity

a. Committed an intentional felony 31. An ordinary mitigating circumstance reduces

the penalty only to the
b. Was raised in a family of drug traffickers
a. Minimum Period
c. Is under 15 yrs of age
b. Degree
d. Is over 15 and under 18 who committed
a felony with discernment c. Indeterminate Sentence Law

e. A child who is alleged as, accused of, or d. Probation Law

adjudged as, having committed an offense
32. When the aggravating circumstance of
under Philippine laws.
recidivism is present in the commission of a
28. In light felonies the following are criminally crime, the offender is called a
liable
a. Quasi-recidivist
a. Principal only
b. Recidivist
b. Accomplices only
c. Habitual criminal
c. Accessories only
d. Habitual delinquent
d. Principal and Accomplices only.

29. In mala prohibita, the criminal liability of the

33. What component of criminal law is express
offender is determined by his
and implied repeal relevant?
a. criminal intent
a. Territoriality
b. intent to perpetrate the act
b. Generality
c. negligence, lack of foresight, lack of skill
c. Irretrospectivity
d. ignorance of the law
d. Bill of attainder
34. Preventive imprisonment is
a. Not a penalty
b. principal penalty
c. Subsidiary penalty
d. Remedial measure
e. Accessory penalty
35. The pecuniary liabilities of the offender
under the Revised Penal Code should be
prosecuted
a. In the criminal action
b. In a separate civil action
c. In either of the two actions above
d. In both of the above actions
36. The threefold rule under article 70 is
addressed to the
a. Judge deciding the case
b. Prison head holding the prisoner
c. Probation officer
d. Board of pardon and parole
37. The phrase “Stand ground when in the
right” means:
a. A person need not retreat against an
unlawful aggressor but he is not
expected to fight back
b. A person need not retreat against an
unlawful aggressor but must defend himself by
fighting back
c A person attacked must retreat but
must fight back when caught by his aggressor
d. None of the above
38. Impossible crime is punished only when the
crime is
a. Consummated
b. Frustrated
c. Attempted
d. Voluntary
39. Vicarious civil liability means
a. The liability of the offender in a
criminal case
b. Civil liability of the employer in a
criminal case if the offender is found insolvent
c. Civil liability of the offender and the
employer in a criminal case
40. The dangerous tendency rule and the clear
and present danger rule is relevant in the
discussion of the crime of
a. Arson
b. Immoral doctrines
c. Sedition
d. Unfair competition
41. “Judicial authority” in Article 125 of the
Revised Penal Code refers to:
a. The justices or judges vested with
judicial power to order the temporary detention
or confinement of a person charged with having
committed a public offense.
b. Supreme Court justices
c. Judges of inferior courts as may be
established by law
 d. All of the above
42. How is the crime of coup d’etat committed?
a. By a swift attack accompanied by
violence, intimidation, threat, strategy or
stealth against duly constituted authorities of
the Republic of the Philippines, or any military
camp or installation, communications networks,
public utilities or other facilities needed for the
exercise and continued possession of power.
b. Singly or simultaneously carried out
anywhere in the Philippines.
c. By any person or persons, belonging
to the military or police or holding any public
office or employment, with or without civilian
support or participation.
d. All of the above concurring
e. Any two of the above concurring
43. What are the ways of committing the crime
of illegal assembly?
a. Gathering of persons any or some of
whom are armed for unlawful purpose under
the Code.
b. Gathering of persons for the purpose
of inciting to treason, rebellion, insurrection,
sedition and assault upon a person in authority
or his agent even without the attendance of
armed men.
c. Formation of an unlawful association
d. A and B
e. B and C
44. What are elements of perjury?
a. There must be testimony or a
statement (affidavit) made under oath
b. The oath must be administered by an
officer competent to do so because it is
essential that the oath be valid.
c. The witness-affiant must have made
willful or deliberate assertion of falsehood on a
material matter-subject of inquiry in that case.
d. The testimony or affidavit must have
been made to comply with a legal requirement,
i.e., it must be required by law and must be
required to be under oath.
e. All of the above concurring
f. A, B and C only
g. B, C and D only
45. Indirect bribery is committed by:
a. A public officer who will do an act in
consideration of what he will receive.
b. A public officer who will refrain from
doing what he should do because of what he
receives
c. A public officer who does an act
constituting a crime in consideration of what he
will receive
d. A public officer who commits an act
not constituting a crime in consideration of
what he will receive
e. A public officer who receives
consideration because of his office.
46. Article 294 (robbery with violence against or
intimidation of person) defines and penalizes
a. composite crime or special complex
crime
b. complex crime
 c. compound crime
d. continuing crime
47. Who are those exempt from criminal
liability for theft, swindling and malicious
mischief?
a. Spouses, ascendants and
descendants, or relatives by affinity in the same
line only
b. Only the widowed spouse with
respect to the property which belonged to the
deceased spouse before the same shall have
passed into the possession of another
c. Only brothers and sisters and
brothers-in-law and sisters-in-law, if living
together.
d. A, B and C
e. A and B
f. B and C
g. A and C
48. Who is not a public figure?
a. He is one who, by his
accomplishments, fame, mode of living, or by
adopting a profession or calling which gives the
public a legitimate interest in his doings, his
affairs and his character, has become a public
personage.
b. 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.
c. Public officers, famous inventors and
explorers, war heroes and even ordinary
soldiers, infant prodigy.
d. Anyone who has arrived at a position
where the public attention is focused upon him
as a person.
e. An obscure private individual libeled
by a columnist in a newspaper.
49. Which of the following is not requisite of
mistake of fact?
a. That the act done would have been
lawful had the facts been as the accused
believed them to be
b. That the intention of accused in
doing the act should be lawful
c. That the resulting injury is due to the
intentional act of the victim
d. That the mistake must be without
fault or carelessness on the part of the accused.
e. None of the above
50. Anti-fencing Law {PD 1612} will apply only
when the valuable articles proceed from what
crimes?
a. Only to proceeds of theft or robbery
b. Only to proceeds of estafa
c. Also to proceeds of usurpation
d. All of the above
51. Plunder - RA 7080 - requires that the wealth
amassed by a public officer amount to
a. 100 million pesos
b. 75 million pesos
c. 50 million pesos
d. 130 million pesos
52. A recidivist is one who, at the time of his
trial for one crime, shall have been previously
convicted of another crime embraced in the
same title of the revised Penal Code.
a. True
b. False. The previous conviction need
not be of a crime embraced within the same
title of the Revised Penal Code as the one for
which the accused is on trial.
c. False. A recidivist need not be
convicted of the prior crime. Having been
previously charged is sufficient.
d. False. The conviction may either be
final or not.
e. False. The previous conviction must
be by final judgment.
53. Accessories to a crime are those who, with
or without knowledge of the commission of the
crime, and without having participated therein,
either as principals or accomplices, take part
prior to its commission.
a. True
b. False. Accessories have knowledge of
the crime and participate in commission
thereof.
c. False. Accessories must have
knowledge of the crime and take part only
subsequent to its commission but not prior
thereto in the manner described in the Revised
Penal Code.
d. False. The statement more
appropriately describes accomplices.
e. False. Accessories never take part prior to or
subsequent to the commission of the crime.
54. A person under fifteen does not incur
criminal liability because minority is a justifying
circumstance.
a. True
b. False. Minority is always a justifying
circumstance whether or not the minor acted
with discernment.
c. False. Minority is a mitigating
circumstance.
d. False. Minority is an exempting and
not justifying circumstance.
e. False. Minority is never a
circumstance affecting criminal liability.
55. Any public officer who, shall appropriate
public funds, or property or shall take or
misappropriate or shall consent or through
abandonment or negligence, shall permit any
other person to take such public funds or
property, wholly or partially, or shall be guilty of
malversation of public funds or property.
a. True
b. False. The act described is illegal use
of public funds or property.
c. False. The crime is not committed
through abandonment or negligence.
d. False. The public officer should be
one accountable for public funds or property.
e. False. The crime is failure to render
accounts of public funds or property.
56. Lack of motive is indicative of the innocence
of the accused.
a. True
 b. False, because motive is not a
requisite of felonies committed by means of
dolo.
c. False because intent and motive are
synonymous.
d. False because motive being a mental
process cannot be proven by evidence.
57. X was present at the scene of the crime and
witnessed Y set fire to a house. X, however, did
not give alarm nor report to the authorities the
commission of the crime. X is an accomplice in
the crime of arson.
a. True
b. False, X is a principal by indispensable
cooperation.
c. False, because X has not committed
any felony there being no law that punishes a
person who does not report to the authorities
the commission of a crime.
d. False, because X is liable for the
crime of failure to report commission of a
felony.
58. X and Y after breaking the wall of the
bodega through which they entered the same,
removed a sack of sugar from the pile; but they
were caught in the act of taking it out through
the opening on the wall. A and B are liable for
consummated robbery.
a. True
b. False, A and B are liable for
attempted robbery only because the act of
taking out is merely an overt act to commence
the crime of robbery.
c. False, A and B are liable for
consummated trespass to dwelling.
d. False, A and B are liable for
attempted robbery because the failure to take
out the sack was due to a cause other than the
will of A and B.
59. A shot B, but missed and instead hit and
killed C. A is liable for the complex crime of
homicide and attempted homicide.
a. True
b. False, A is liable for the crime of
homicide only because B was not injured.
c. False, A is liable for the crimes of
illegal discharge of firearms and homicide.
d. False, A is liable for the complex
crime of attempted homicide and reckless
imprudence resulting in homicide.
60. Dodoy possessing only a student driver’s
permit, found a parked car with the key left in
the ignition. He proceeded to drive it away,
intending to sell it. Just then Ting, the owner of
the car arrived. Failing to make Dodoy stop,
Ting boarded a taxi and pursued Dodoy, who in
his haste to escape, and because of his
inexperience violently collided with a jeepney
full of passengers, one of whom was killed, the
leg of another passenger was crushed and had
to be amputated. The car of Ting was damaged
to the tune of P 50,000. Dodoy is liable for the
crimes of carnapping, homicide and serious
physical injuries.
a. True
b. False, Dodoy is liable for complex
crime of carnapping with homicide because the
two offenses were the result of a single criminal
impulse.
 c. False, Dodoy is liable for carnapping
only but the penalty is to be imposed in its
maximum because a homicide which includes
the serious physical injury was committed on
the occasion or by reason thereof.
d. False, Dodoy is liable for the distinct
felonies of carnapping, reckless imprudence
resulting in serious physical injuries, reckless
imprudence causing damage to property and
reckless imprudence resulting in homicide.
61. X together with four individuals went to the
house of P with intent to kill. Upon reaching the
house, the five of them aimed and fired at the
bedroom of P. However, P was not in the room
as he was in another city. The five accused may
be convicted of attempted murder.
a. True
b. False, they may be convicted of the
crime of illegal discharge of firearm.
c. False, they are only liable for an
impossible crime.
d. False, they are liable for malicious
mischief.
62. Drawing or trying to draw a pistol from the
waist is an overt act of homicide of the accused.
a. True
b. It constitute attempted homicide
c. The act constitute attempted murder
d. False, because it cannot be definitely
concluded that the act will result into a
concrete offense.
63. In the crime of arson, it is necessary that the
property be totally destroyed by fire.
a. True
b. False. It is consummated even if only
a small portion of the wall or any part of the
house is burned.
c. False. If the property is not totally
burned it is frustrated arson.
d. The consummation of the crime of
arson depends upon the extent of the damage
caused.
64. The Revised Penal Code took effect on
January 31, 1932.
a. True
b. False, January 1, 1934
c. False, January 1, 1932
d. False, October 31, 1935
65. A penal law is always prospective in its
application
a. True
b. False, it is retroactive
c. False, it may be given retroactive
effect if favorable to the accused who is not a
habitual delinquent
d. False, it is retroactive if the new law
imposes a heavier penalty
66. Felonies cannot be committed by omissions
but only through overt acts.
a. True
b. False, only external acts are
punished.
c. False, felonies are acts or omissions
punishable by law.
 d. False, there is no criminal intent in
omission.
67. Reclusion perpetua is a divisible penalty.
a. True
b. It is an accessory penalty
c. It is the same as life imprisonment
d. It remains an indivisible penalty
despite its duration
68. Entrapment is an absolutory cause.
a. True
b. False. It is not a bar to the
prosecution and conviction of the lawbreaker
because consistent with public policy
c. It is similar to instigation which
absolves the accused from criminal
responsibility
d. The ways and means resorted to for
the purpose of framing up the lawbreaker
69. Who among the following persons is/are not
exempt from the operation of our criminal laws
by virtue of the public international law?
a. Sovereigns and other chiefs of state
b. Consults, Vice-Consuls, and other
commercial representatives of foreign nations
c. Ambassadors, Ministers
plenipotentiary, ministers resident
d. Charges d’ affaires
e. All of the above
70. Insanity or imbecility is a justifying
circumstance for which the offender does not
incur criminal liability.
a. True
b. Insanity or imbecility is an exempting
circumstance
c. It will mitigate the liability of the
offender
d. It is an alternative circumstance
71. In arson, the aggravating circumstance that
the crime be committed by means of fire is not
appropriate.
a. True
b. It is considered to increase the
penalty for the crime.
c. It is not considered if not alleged in
the information.
d. Fire is not included by the law in
defining arson.
72. In kidnapping for ransom, those who acted
as runners or carriers in obtaining the ransom
money have no criminal liability.
a. True
b. They are considered accomplices.
c. They are accessories.
d. They are principals by direct
participation.
73. The duration of the penalty of prision
mayor is six years to twelve years.
a. True
b. It is six years and one day to twelve
years.
c. It is six months, one day to six years.
 d. It is one month to six months.
74. The penalty for homicide is reclusion
temporal. If there are no modifying
circumstances present, the minimum of
indeterminate penalty on the convict should be:
a. Reclusion temporal, medium period
b. Within the range of prision mayor to
reclusion temporal, medium period.
c. Prision mayor, medium period.
d. The whole range of reclusion
temporal.
75. In reiteration or habituality, it is enough that
a final judgment has been rendered in the first
offense.
a. True
b. The sentence have been served for
the first offense.
c. There is judgment rendered by the
trial court for the first offense.
d. It is the same as habitual
delinquency.
76. Filipinos and aliens owe the same allegiance
to the Philippines. Filipinos owe absolute and
unqualified allegiance to the Philippines.
a. Both statements are true.
b. Both statements are false.
c. The first statements is true and the
second false.
d. The first statement is false and the
second true.
77. Arbitrary detention is committed by
a. Any public officers
b. Those whose official duties give them
the authority to effect arrest and detain persons
c. Private individuals
78. Misprision of treason is
a. Failure of a citizen to report as soon
as possible a conspiracy, which comes to his
knowledge, against the government.
b. Conspiracy to commit treason against
the Philippine Government.
c. An accomplice to the crime of
treason
d. Proposal to commit treason
79. Under what instances is the crime of
Trespass not committed?
a. Purpose of entry to dwelling is to
prevent some serious harm to the person
entering, the occupants or third persons.
b. Purpose of entry is to render some
aid to humanity or justice.
c. Places entered are cafes, taverns,
inns and similar places while they are open
d. A and B only.
e. B and c only.
f. All of the above
80. What crime in the Revised Penal Code has
the same penalty whether committed
intentionally or negligently?
a. Malversation
b. Estafa
 c. Falsification
d. Illegal Exaction
e. None of the above
81. What different crimes can arise from
intimidation?
a. Robbery, if the intimidation is
immediate but conditional coupled with
demand for money or any consideration.
b. Threat, if it is future or conditional
c. Coercion, if it is direct, immediate,
and personal; or serious enough.
d. All of the above
82. What crimes is not committed only by dolo?
a. Malicious mischief
b. Estafa
c. Mutilation
d. Intentional abortion
e. Unintentional abortion
83. Defamation excludes:
a. slander
b. libel
c. slander by deed
d. incriminating innocent persons
e. malicious prosecution
f. intriguing against honor
84. What principle does not apply to
imprudence?
a. Complex crime
b. Subsidiary penalty
c. circumstances
d. Three-fold rule
e. Parole and probation
85. Violations of dangerous drugs act is
a. Now a mala in se
b. Still malum prohibitum
c. Punished as a crime under the
Revised Penal Code
d. Not committed thru dolo
86. If an offender is apprehended possessing
more than the quantity of drugs sold, he shall
liable for:
a. illegal possession of dangerous drugs
b. unlawful sale of dangerous drugs
c. compound crime of illegal possession
and use of dangerous drugs
d. complex crime of illegal possession of
prohibited and regulated drugs
e. two separate crimes of illegal
possession of dangerous drugs and illegal sale
of dangerous drugs
87. Treachery, which is an aggravating
circumstance occurs when the offender
commits any crime employing means, methods,
or forms in the execution thereof which tend
directly and specially to insure its execution
without risk to himself arising from the defense
which the offended party might make.
a. True
 b. False because treachery refers to the
evil intent and not the means to commit a
crime.
c. False because treachery refers also to
the use of craft or disguise in the commission of
a crime.
d. False because treachery applies only
to crimes against persons and property.
e. False because treachery applies only
to crimes against persons.
88. The period of prescription of crimes shall
commence to run from the day on which the
crime is discovered by the authorities or their
agents, and shall be interrupted by the arrest of
the offender.
a. True
b. False. The period of prescription shall
commence to run from the day on which the
crime is discovered by the offended party, the
authorities, or their agents.
c. False. The period of prescription shall
be interrupted by the filing of the complaint or
information and not by the arrest of the
offender.
d. False. The period of prescription
commences for the reason stated in letter B and
interrupted for the cause adduced in letter C.
e. False, none of the reasons mentioned
in the preceding choices is correct.
89. The duration of the penalties of prision
correccional, suspension and destierro shall be
from six months and one day to six years,
except when suspension is imposed as an
accessory penalty, in which case, its duration
shall be that of the principal penalty.
a. True
b. False. The duration shall be from six
months to six years and one day.
c. The duration shall be from six months
and one day to six years and one day.
d. False. When suspension is imposed
as an accessory penalty, the duration is six
months and one day to six years.
e. False. When suspension is imposed
as an accessory penalty, the duration is six
months and one day to six years.
90. The accused shall not be convicted for
treason except on the testimony of an
eyewitness to the same overt act.
a. True.
B. False, two witnesses are required
c. False, because the witness need not
be an eyewitness.
d. False, because the act need not be
overt.
91. The crime of rebellion requires that the
criminal act was done in furtherance of political
motivation or purpose.
a. True.
b. False, the motivation may be social.
c. False, the crime committed is
sedition.
d.], the act does not need to be
criminal.
92. There are two ways of committing direct
assault: by employing force or intimidation for
the attainment of any of the purposes of
rebellion and sedition, and by attacking or a. 5
seriously intimidating a person in authority or
his agents. b. 4

c. 7
a. True.

b. False, direct assault is committed d. 6

only by laying hands or attacking a person in
authority or his agents.
c. False, the crime committed is indirect
assault.
96. The subject matter of the crime of
_____________ is altering or falsifying treasury
or bank note or any instrument payable to
bearer or to order.

a. Falsification
d. False, there is only one way of
committing direct assault. b. Forgery
93. This crime is committed by a public officer c. False testimony
who will refrain from prosecuting offender in
consideration of a price or gift and the crime is d. Perjury
punishable by reclusion perpetua and/or death.
97. The deliberate assertion of falsehood in a
a. Indirect bribery material matter in perjury must be contained in
an affidavit and required by law to be under
b. Qualified bribery oath.
c. Direct bribery a. True.
d. Corruption of public officers b. False, the document need not be
sworn to.
94. This is a mock serenade where the offender
actually disturbs the peace by using cans, pans, c. False, oath need not be required by
utensils, etc. and constitutes the crime of law.
alarms and scandal.
d.False, the assertion may be any
a. Indecent exposure matter.
b. Public disorder 98. Violations of the dangerous drugs law shall
disqualify the offender from availing of:
c. Charivari

d. Misdemeanor a. Indeterminate Sentence Law

b. Probation
95. When the person granted conditional
pardon by the President violates the conditions c. Three fold rule
of his pardon, he shall be returned to prison
and shall serve the remaining penalty if the d. Parole
same exceeds ___________ years.
e. Plea bargaining threat if future and conditional, or coercion if
direct, immediate and personal.
99. ___________________ is committed by a
public officer who amasses ill gotten wealth a. Intimidation
thru a series or combination of prohibited acts
in the total amount of ______________ pesos. b. Fraudulent machination

c. Deceit
a. Qualified bribery and 50 million

b. Direct bribery and 20 million d. Chicanery

103. _______________ abortion cannot be

c. Malversation and 75 million
d. Plunder and 50 million
100. The crime of cattle rustling is malum
_____________ for being a mere amendment
of the provision on qualified theft, whereas the
crime of car napping is still malum
____________ although an amendment of the
same provision on qualified theft.
a. Prohibitum and in se
b. In se and prohibitum
c. Both prohibitum
committed by the woman herself because it
requires infliction of violence against her
person.
a. Intentional
b. Unintentional
c. Both
d. culpable
104. The nature of the relationship of the
offender and the victim in parricide must be by
blood, legitimate and __________________.

d. Both in se a. Ascending line

b. Direct line
101. The crime of _______________ is not
committed when the purpose of is to prevent . Collateral
some serious harm to the person entering or to
the occupants or third persons. d. Descending line

a. Trespass to property 105. Though the offender is the parent, if the

victim of the killing is a child less than three
b. Trespass to dwelling days old, the crime is ________________.
c. Malicious mischief a. Parricide
d. Grave coercion b. Infanticide
e. A and B c. Abortion
102. ___________________ can give rise to d. Murder
robbery if it is immediate but conditional and
with demand for money or any consideration,
106. Homicide is the killing of any person which a. Bullets
does not constitute parricide, murder or
infanticide and is not _________________. b. Intent to kill

c. Hitting the victim

a. Intentional

b. Justified d. Killing the victim

110. When there is no injury but pain is caused

c. Accidental
to the victim, the crime is ________________.
d. Suicide
a. Ill-treatment or maltreatment
107. Illegal possession of firearm is committed
provided that: b. Slight physical injuries

c. Malicious mischief
a. No other crime is committed

b. Murder or homicide is d. Unjust vexation

committed 111. ___________________ is not an element
c. The crime is rebellion, sedition of kidnapping, hence, the crime can be
committed even without such, but when
and attempted coup
demanded, the crime becomes kidnapping and
d. It is high powered serious illegal detention and the penalty shall
be death.
108. The indispensable elements of death
caused in a tumultuous affray are: the persons a. Ransom
involved in the affray are not _______________
for the purpose of assaulting and attacking each b. Deprivation of liberty
other, and that the ones who actually killed or c. Coercion
inflicted serious injury to the deceased cannot
be _________________. d. Threat

a. Organized and identified 112. The distinction between kidnapping with

rape and forcible abduction with rape is the
b. Unorganized and unidentifiable presence or absence of _________________.
c. Organized and participants in a. Taking
the affray.
b. Intent to rape
d. Unorganized and participants in
the affray. c. Lewd designs

109. In the crime of illegal discharge of firearm d. Lascivious conduct

it is necessary that the firearm be discharged at
another but without _________________.
113. Kidnapping of a minor cannot be d. Vehicle and carnapping
committed by his parents as expressly provided
for in Article 267. 117. Status crimes refers only to:

a. Crimes committed by minors

a. True

b. False, it can be committed b. Crimes committed by adults

when the parents are separated legally. c. Crimes committed by males
c. False, the child can be adult. d. Crimes committed by females
d. False, the child must be a 118. Juveniles who commit crimes are classified
woman. into:
114. The distinction between estafa and a. Children in conflict with the law
malversation is that in estafa committed by
public officers, the offender is not: b. Children at risk

a. A treasurer c. Both A and B

b. An accountable public officer d. Over 15 and under 18

c. An administrator of funds 119. Suspension of sentence is available to a

minor delinquent
d. A disbursing officer
a. If he acted with discernment
115. Highway robbery is different from robbery
committed in a highway in that in the former b. If he agreed to a diversion
the victim is not: program

a. Preconceived. c. If he is still a minor when

sentence is promulgated
b. Arbitrary.
d. Even if he is no longer a minor
c. Indiscriminate. when sentence is promulgated
d. Isolated. 120. When the crime committed by the convict
is penalized with death.
116. Malicious mischief is destruction of
property which is not _______________ and a. The penalty shall be reduced to
the means used is not ________________. reclusion perpetua
a. Mail matter and by tearing b. The penalty shall be suspended
b. Dwelling and occupation c. The convict shall be given
c. Large cattle and fire reprieve
 d. The penalty shall be life
imprisonment
e. The penalty shall be either
reclusion perpetua or death penalty depending
upon whether the law violated is penalized
under the revised penal code or special law not
using the nomenclatures under the revised
penal code.
121. Over what offenses are persons below 18
years exempt from criminal prosecution?
a. Vagrancy and prostitution
under Article 202 0f the Revised Penal Code
b. Mendicancy under P.D No. 563
c. Sniffing of rugby under P.D. No.
1619
d. All of the above such
prosecution being inconsistent with the United
Convention on the Rights of the Child
122. May a person charged with homicide by
stabbing be convicted when the cause of death
was drowning?
a. No, because it is a hornbook doctrine
that an accused cannot be convicted of an
offense unless it is clearly charged in the
complaint or information.
b. Yes, since it is only the cause of
death, which has charged or subsequently
discovered the crime is still homicide.
c. Yes, because there is no such
requirement of law for conviction
123. Which of the following statements is true?
a. The conviction for fencing,
which involves moral turpitude, subsists and
remains totally unaffected notwithstanding the
grant of probation.
b. The legal effect of probation is
only to suspend the execution of the sentence.
c. Only A is correct
d. A and B are correct
124. May a convict who appealed his conviction
still be qualified for probation?
a. Yes, there is no prohibition
provided by law.
b. Yes especially if an appeal is
taken solely to reduce the penalty (in order to
qualify for probation).
c. No, Section 4 of the Probation
Law clearly mandates that no application for
probation shall be entertained or granted if the
defendant has perfected the appeal from the
judgment of conviction.
125. What damages are recoverable from death
arising from the commission of crime?
a. Civil indemnity ex delicto and
actual damages
b. Moral and exemplary damages
c. Attorney’s fees, expenses of
litigation and interest in proper cases
d. All of the above
126. May moral damages be additionally
awarded in case of rape or acts of lasciviousness
without need of proof?
a. Yes, it is assumed that the victims
suffered damages.
 b. Yes, because it is the proper thing to c. To promote further commission of
do crimes as he is placed under the supervision of
probation officer
c. No, because it is indispensable that
damages suffered must be proved. d. To decongest our jails

127. Which of the following Statements is true? 130. The following are the other kinds of
plurality of crimes where a single penalty is
a. The reviewing tribunals cannot imposed. Which is not included?
correct errors which are unassigned in the
appeal. a. Composite crimes or special
complex crimes
b. An appeal in a criminal case
opens the entire case for review. b. Continued crime or delito
continuado
c. The reviewing tribunal can
reverse the lower courts decision on ground c. Continuing crimes or transitory
other than those the parties raised as errors. crimes

d. Both B and C are correct d. Simple crime

128. Which of the following is a correct 131. What is the effect when one of the crimes
statement? in information charging complex crimes is not
proved?
a. Motive is generally held to be
immaterial because it is not an element of the a. He will not be convicted of any
crime. crime

b. Motive becomes important b. The accused can be convicted

when the evidence on the commission of the of the other.
crime is purely circumstantial or inconclusive.
c. The case will be dismissed
c. Only A is correct.
132. When may the employer’s subsidiary civil
d. Both statements are correct. liability be enforced?

129. What is not an objective of Probation law? a. When the judgment of

conviction becomes final
a. To promote correction and
rehabilitation of the offender by giving him b. When the judgment of conviction is
individualized treatment. rendered

b. To provide a better opportunity for the c. When the convicted employee is

penitent offender to reform insolvent
 d. When the judgment of 136. Which of the following is a continuing
conviction becomes final and convicted crime?
employee is insolvent
a. Rebellion, insurrection and
133. Is verbal notice of dishonor sufficient in conspiracy and proposal to commit such crimes
B.P. 22 cases?
b. Squatting and violation of BP 22
a. Yes, a mere oral notice or
demand to pay would appear to be sufficient c. None of the above
for conviction under the law. d. All of the above
b. No, the notice of dishonor must 137. Which of the following statement is FALSE?
be in writing, a verbal notice is not enough.
a. Probation is a mere privilege
c. Answer not given not a right
134. If the drawer or maker is an officer of the b. Its benefits can extend to those
corporation is notice of dishonor to said expressly excluded
corporation sufficient?
c. Probation is not a right of the
a. No, the notice of dishonor to accused but rather an act of grace and
the said corporation is not notice to the clemency or immunity conferred by the state
employee or officer who drew or issued the which may be granted by the court.
check for and in its behalf.
138. The following are the causes of partial
b. Yes, the demand on the extinction of criminal liabilities. Which is
corporation constitutes demand on the officer excluded?
or employee.
a. Conditional pardon
c. Yes, constructive notice to the
corporation is enough to satisfy due process b. Commutation of sentence

135. May the principle of delicto continuado be c. Good conduct allowance

applied to special law?
d. Absolute pardon
a. No, unless the special law so
139. Who owes allegiance to the Philippines?
provides.
a. A citizen or subject who owes
b. Yes, since under Article 10 of
permanent allegiance
the Revised Penal Code, the Code shall be
supplementary to special laws. b. A foreigner who owes
temporary allegiance
c. No, it strictly applies to crimes
punished by the Revised Penal Code, c. Only government employees

d. Both A and B
140. Who are the persons authorized by law to
expel or compel persons to change abode?
a. People from NBI and Bureau of
Customs
a. The offender is a person who is not the
Custodian of the prisoner at the time of the
commission of the offense
b. The Custodian of the prisoner

b. Only the president of the c. Any policemen

Philippines and the courts after final judgment
sentencing the accused to destierro or as a 144. Is good faith a defense in falsification?
condition in his probation a. Yes, there is no falsification of a
c. Both A and B public document if the acts of the accused are
consistent with good faith
d. Answers not given
b. Yes, as a liberal interpretation
141. Can direct assault be committed during of criminal law in favor of the accused
rebellion or sedition?
c. No, since misstatements or
a. Yes, otherwise offenders will be erroneous assertions in a public document will
freed from liability give rise to falsification even if it is made in
good faith.
b. No, because direct assault
requires that there should be no public 145. Will the use of another name in a
uprisings. particular instance constitute use of an alias?

c. Yes, there is no qualification in a. Yes, since the law does not

the law. distinguish

d. Answer not given b. No, as an application of the

doctrine that criminal laws shall be interpreted
142. What variant crimes can arise from in favor of the accused
discharge of fire arms?
c. No, since the use of a fictitious
a. Alarms and scandals name or a different name belonging to a single
b. Threat person in a single instance without any sign or
indication that the user intends to be known by
c. Grave coercion this name in addition to his real name from that
day forth does not fall within the prohibition
d. All of the above
contained in CA No. 142.
e. None of the above
146. Which of the following is not true
143. Who is the offender in Article 156 or regarding the significant changes brought about
delivery of Prisoner from jail? by R.A 9165 or the Comprehensive Dangerous
Drugs Act of 2002
 a. The penalty is no longer based c. If acquitted, the official concerned shall
on the quantity involved except in the case of be entitled to reinstatement and to the salaries
possession and benefits which he failed to received during
the suspension
b. The penalties under the special
penal laws such as life imprisonment are 150. In the case of parricide, if the information
revived and the nomenclatures of the Revised failed to mention that the offender and the
Penal Code were deleted from the law. offended party are married can the former be
convicted to parricide?
c. Use of Dangerous Drugs under
Section 15 now does not have graduated a. No, that will violate his right to
penalty information of the nature of the charge against
him
147. Is the plunder law void for being vague?
b. Yes, the same can be proved
a. No, since it contains even during the trial.
ascertainable standards and well defined
parameters which would enable the accused to c. Yes, since the same is not
determine the nature of his violation required by law.

b. Yes, since there are some 151. Legislative acts which prohibit certain
unexplained terms acts and establish penalties for their violations
are
c. Yes, since it did not explain
difficult words used. a. Penal laws

148. What kind of crime is Plunder? b. Contained in the Revised Penal

Code
a. Malum Prohibitum since it is
covered by special law c. Public laws

b. Malum in se because the d. Remedial laws

legislative declarations in RA 7659 that plunder
is a heinous offense implies that it is a malum in e. Substantive laws
se. 152. The following cannot have retroactive
c. Answer not given application:

a. Law which makes the penalty

149. Which of the following is TRUE?
a. Preventive suspension is a
penalty
b. Preventive suspension is a
result of judicial proceeding
for offenses heavier than when committed
b. Law which alter the rules of
evidence so as to make it substantially easier to
convict a defendant.
c. Statute that deprives accused
of some lawful protection to which he has
become entitled, such as a proclamation of b. Should be equal to the crime
amnesty. committed without regard to the personal
attribute of the offender
d. The law directing the
suspension of public officer when a valid c. Predetermined on the basis of
information has been filed against him before the gravity of the offense
the court.
d. Not mitigated by the factors like
153. It is the belief of its proponent that penal the social and behavioral environment of the
laws should be directed against the actual or convict
potential wrongdoer and that opportunism and
156. Conspiracy is not a crime but a means to
materialism should not be encouraged.
incur criminal liability
a. Positivist theory
a. The statement is false because
b. Classical Theory there are conspiracies especially punished by
law
c. Ecclectic Theory
b. The statement is false because
d. Juristic Theory conspiracy can be both a crime and a means of
incurring criminal liability
e. Utilitarian Theory
c. The statement is absolutely
154. Crimes mala prohibita are: true

a. Generally embodied in the d. The statement is false because

Revised Penal Code conspiracy is an aggravating circumstance

b. Punishable with life e. The statement is false because

imprisonment and never with reclusion conspiracy is qualifying circumstance
perpetua
157. Justifying and exempting circumstances
c. Always wrong acts hence allow the actor to escape criminal liabilities.
should be penalized Aside from these circumstances, other factors
likewise prevent the incarceration of a
d. Generally not required to be wrongdoer except for:
attended by malice and evil intent
a. Probation
e. Heinous crimes
b. Absolutory cause
155. Under the positivist or realistic theory, the
penalty to be imposed on the convict should be c. Mistake of fact

a. For the purpose of reforming d. Absolute pardon

the convict
e. Amnesty
 f. Indeterminate Sentence Law
158. Sufficient provocation as an element of self
defense and as a mitigating circumstance are
differentiated as follows:
a. As an element of self defense,
there must be sufficient provocation on the part
of the offended party
b. As a mitigating circumstance,
sufficient provocation must come from the
offender
c. As an element of self defense,
there must be no provocation on the part of the
offended
d. As a mitigating circumstance,
there must be sufficient provocation on the part
of the offended party; the exact opposite must
obtain in self defense
e. Sufficient provocation in either
case must be absolutely lacking
159. Pursuant to R.A. No. 9344, a minor less
than 18 years old can be absolutely exempt
from criminal liability
a. If he acted without discernment
although he is 17 years old
b. If the minor committed an
offense which is victimless
c. If the minor is mentally
retarded
d. If the minor admits his crime
voluntarily
e. If the offended party pardons
the minor
160. Because crimes require criminal intent, the
act is not criminal
a. When the mind is not criminal
b. When the crime is malum
prohibitum
c. If the offender is illiterate
d. When the offender acted
negligently
e. When the offender is suffering
from schizophrenia
161. Motive is not relevant in the following
cases except:
a. When the identity of the
accused is certain.
b. When direct evidence in the
case obtains.
c. When the act brings about
variant crimes
d. When credible eye witnesses
point to the accused as the offender
162. The following statement on the
relationship between the Revised Penal Code
and special penal laws are true:
a. The Revised Penal Code shall
have suppletory effect on special penal laws
unless the latter shall specially provide the
contrary.
b. The offenses punished under
special laws are not subject to the provisions of
the Revised Penal Code
c. The Revised Penal Code shall
have suppletory effect on special penal laws
when it uses the nomenclature of penalties
under the former.
d. The Revised Penal Code shall have
suppletory effect on special penal laws when
the court is given discretion in the application of
penalties.
163. Which of the following is not true:
Armed men who participate in the
commission of a felony:
a. Are principal offenders when
they are members of a band
b. Are accomplices when they aid
the principal offender in the commission of a
felony
c. Have greater criminal liability
for being members of organized crime syndicate
formed for the commission of crimes for
economic gains
d. Are liable for robbery with
homicide qualified by band pursuant to Article
294 subdivision 1 in relation to Articles 295 and
296 of the Revised Penal Code
164. Penalties under the Revised Penal Code are
imposed on the principal offenders and in the
consummated stage. They are classified into
principal penalty which must be expressly
stated in the dispositive portion and accessory
penalty which follow the principal penalty to
which it is attached by operation of law.
a. Both statements are true
b. The first statement is true and
the second is false because the accessory
penalty must also be expressly stated in the
decision
c. The second statement is true
but the first is false because there are penalties
imposed on the accessory and the accomplice
d. Both statements are false because
there are penalties imposed on the accessory
and the accomplice and accessory penalty must
also be expressly stated in the decision
165. Habitual delinquency and recidivism are
similar in that:
a. Both are generic aggravating
circumstance
b. Both increase the penalty to the
maximum period
c. Both require the commission of
the same offense at least thrice
d. They require the commission of
felonies in the same title such as robbery and
estafa under Crimes against Property and
serious and less serious physical injuries under
Crimes against Persons
166. Special complex crimes and complex
crimes may be compared as follows:
a. Special complex crimes are
especially provided for under Book II of the
Revised Penal Code by specifying the crimes
composing the indivisible felony and the
penalty therefor; Article 48 on complex crimes
gives the general rules on what crimes can be
complexed and the penalty shall be for the
most serious in the maximum period
b.Both specie of crimes can be
committed by negligence
c. In special complex crimes when
one of the composite crime is not proved, the
accused cannot be convicted of the other
 d. In complex crimes, the “excess” d. Subscribes to the law of nations
crimes committed are absorbed so that forcible
abduction with multiple rapes constitute only e. Is territorial in character
one offense 170. The death penalty cannot be imposed on a
167. Which of the following is not a accused who committed a heinous crime
because
requirement for the employer to be civilly liable
for the crime of his employee? a. Congress has enacted R.A. 9346
which prohibits its imposition
a. The judgment of conviction
must be final and executory b. The Philippine Constitution
prohibits its imposition
b. The employer-employee
relationship is proved c. Death penalty is inhuman
c. The convict is insolvent d. The Philippine is a part of
d. A hearing for the purpose of Christendom
determining whether or not the employer is e. Philippine judicial system is
civilly liable has been held defective
168. The rule which allow a crime to be 171. What is the effect of R.A. 9346 banning the
committed without criminal intent is called: imposition of the death penalty on the penalty
for accomplices and accessories or for
a. Res ipsa loquitor
attempted or frustrated felonies punished by
b. Actus non facit reum nisin mens death penalty?
sit rea
a. The penalty for the accomplice
c. Quid pro quo in the consummated felony punished by death
shall be the same as the principal (reclusion
d. Ex post facto perpetua) for R.A. 9346 only affected the
e. Malum prohibitum principal offender whose penalty is death.

169. A crime committed outside the Philippine b. The penalty for the frustrated
territory is not triable in the Philippines because felony punished by death shall be the same as
Philippine criminal law for the consummated because R.A. 9346 only
affected the consummated felony punishable by
a. Adheres to the generality death.
principle
c. Two degrees lower than death
b. Prohibits retroactive application penalty or reclusion temporal shall be imposed
of penal law on the attempted stage pursuant to Article 71
(graduation of penalties) in relation to Article 61
c. Is subject to treaties and laws of
(rules for graduating penalties).
preferential character
 d. The penalty shall be reclusion
perpetua for the principal offender in the
consummated stage and one or two degrees
lower for the frustrated or attempted stage and
for the accomplices or accessories should be
counted from reclusion perpetua which is the
actual penalty imposed on the principal.
172. Self-defense is a justifying circumstance
whereas accident is an exempting circumstance
a. The statement is true because
the act of the actor is legal
b. The statement is false because
accident is a justifying circumstance
c. The statement is false because
self defense is a mitigating circumstance
d. The statement is false because
both are alternative circumstances
e. The statement is true because
Articles 11 and 12 respectively provides so
173. The phrase aggravating circumstance can
have both liberal and strict construction, thus:
a. Aggravating circumstance is
strictly construed if the crime committed is
against persons
b. It is liberally construed if the
crime committed is against property
c. It is strictly construed if it will
raise the penalty to death and consequently
shall only be exclusively taken from Article 14
d. It is liberally construed to
include all kinds of aggravating circumstance
174. Which of the following is/are granted in
addition to the civil indemnities granted to the
victim of a crime and/or his heirs when such is
attended by qualifying circumstances:
a. Indemnity for the mere fact of
commission of crime such as rape or killing
b. Loss of earning capacity of the
victim in case of killing
c. Actual damages such as
hospitalization and funeral expenses
d. Support to those who are not
compulsory heirs of the victim whom he is
obliged to support for not more than five years
e. Moral and exemplary damages
to the victim and/or his heirs for moral suffering
caused by the crime
175. The husband who has sexual
intercourse with a married woman can be liable
for adultery and concubinage for the same act.
a. True because his act offends
against two provision of the law and against
diffeent offended parties - his wife and the
husband of the married woman
b. False because that will violate
the constitutional proscription on double
jeopardy
c. True because his act is contrary
to morality
d. False because the adultery is a
crime by the married woman
e. True because the two
provisions on adultery and concubinage are
separate and distinct from one another.
176. One of the following is not entitled to the
benefits of Indeterminate Sentence Law
 a. Those who are sentenced to a
maximum penalty not exceeding one year
b. Where the offense committed
is punished by death or life imprisonment
c. Where the penalty imposed is
the single indivisible penalty of reclusion
perpetua pursuant to Article 63 of the Revised
Penal Code
d. Recidivist and those on paroles
e. Habitual delinquents
177. Which of the following statement is true as
regards the Indeterminate Sentence Law (ISL)
and Probation Law (PL)
a. Probation is a privilege whereas
ISL is mandatory
b. ISL does not require
imprisonment for the convict whereas PL does
c. ISL disqualifies second time
offenders which is not true with the PL
d. ISL is available even if the
penalty is fine only whereas PL is for prison
sentence only
e. Habitual delinquents are not
disqualified for both PL and ISL
178. Qualifying circumstance for murder not
pleaded but proved is considered as generic
aggravating
a. The statement is true due to
the amendment in the Revised Rules of Court
b. The statement is false because
this is prejudicial to the accused
c. The statement is partially true
because only in case of death penalty shall the
rule apply
d. The statement is partially false
because it is the Revised Penal Code which
made the amendment
e. The statement is true but not
because of the amendment of the Revised Rules
of Court
179. There are four kinds of aggravating
circumstances. One of them is
a. Organized crime syndicate
b. Ordinary circumstance
c. Qualifying circumstance
d. Privileged circumstance
180. Prior to R.A. 9346, there are how many
ways of imposing the death penalty?
a. Only one, for heinous crimes
under R.A. 7659, the death penalty law
b. Three ways, Under R.A. 7659,
under the Revised Penal Code and under other
special laws
c. Four ways, under the three in
letter (b) above, and under the Constitution
d. No way, for the President has
always reprieved the convict or reduced his
penalty to life or reclusion perpetua
e. Two ways, via death as an
independent penalty pursuant to R.A. 7659 or
thru the ranged penalty of reclusion perpetua
to death under the Revised Penal Code
181. The three fold rule is a beneficial mode of
computing the penalty to be served by the
convict when there are several penalties
imposed which cannot be served
simultaneously. The rule operates as follows:
a. The judge shall sentence the
accused to three times the most severe of all
the penalties imposable on the convict
b. To prison director shall add up
all the penalties imposed on the convict and
compare the same to three times the most
severe penalty. The convict shall serve the
lesser of the two which shall in no case exceed
forty years.
c. The judge shall sentence the
accused to forty years in prison when all the
penalties imposable on the convict shall exceed
forty years
d. The court shall multiply the
most severe penalty by 4 and impose on the
convict whatever is the result of such.
182. A complex penalty is
a. The penalty on the person
guilty of a complex crime
b. A penalty composed of three
distinct penalties the lowest of which shall be
the minimum, the next higher the medium and
the highest the maximum.
c. The penalty on compound
crimes
d. The penalty on special complex
crime
e. The penalty on continued and
continuing crimes
183. Under R.A. 9344, the minor in conflict with
the law who is adjudged criminally liable can
avail of suspended sentence
a. If he acted with discernment
b. If he agreed to a diversion program
c. If he is still a minor when his
sentence is promulgated
d. Even if he is no longer a minor
when his sentence is promulgated
184. Status offenses refers only to:
a. Crimes committed by minors
b. Crimes committed by adults
c. Crimes committed by males
d. Crimes committed by females
e. There is no such crime
185. Robbery with serious physical injuries
requires that the injury inflicted be one that is
punished under:
a. Article 264 on serious physical injury
by administering injurious substances
b. Article 263 on serious physical injury
by wounding, beating or assaulting
c. Article 265 on less serious physical
injury
d. Article 262 on mutilation
e. Article 265 on slight physical injury
186. Theft is qualified when:
a. There is abuse of confidence or
taking advantage of the occasion of calamity
 b. What is taken is official 189. When acts of violence by the offender
document hastened the death of a person who has a
lingering heart ailment:
c. The thing taken is mina bird or
other endangered species a. The offender shall be liable for
serious physical injuries
d. The offender is a clerk of a
trading company b. The offender shall be liable for
reckless imprudence resulting to homicide
e. The thieves are armed with
unlicensed firearm c. The offender shall be criminally
liable because his act is the proximate cause of
187. Possession or use of unlicensed firearm the death of the victim
shall have the following effects except for one:
d. The offender shall not be
a. It shall be absorbed in the criminally liable because the heart attack is an
commission of rebellion, insurreccion, sedition, efficient intervening cause
attempted coup d’etat
e. The offender shall be criminally
b. It shall aggravate the crime of liable because his act is the direct cause of the
homicide or murder death of the victim
c. It shall not be charged as a 190. Voluntariness as an element of a felony is
crime if any other crime involving such licensed true only when the crime is:
firearm is committed

d. It shall be aggravated by the

fact that the offender is under the influence of a. dolo by performing an act with
drugs. deliberate intent

e. It shall aggravate the crime of b. dolo by omitting to perform an

robbery with homicide. act required by law

188. Custodial investigation requires that the c. culpa

inquiry by peace officers shall be inculpatory
d. a malum prohibitum
against the

a. Subject of criminal investigation e. all kinds of crime where the

offender has intelligence and freedom of action
b. Suspect in the commission of a
crime 191. The following is not a heinous crime:

a. Qualified piracy and qualified

c. Accused in a criminal case
mutiny
d. Detention prisoner
b. Highway robbery where the
e. Fugitive from justice victim is killed
 c. Incestuous rape of a child under
18
d. Robbery with homicide
e. Destructive arson resulting to
homicide
192. The following crimes preclude the filing of
a separate charge for the second offense
committed in the course or as a result of such
crimes:
a. Violation of domicile when the
warrant of arrest was obtained maliciously
b. Abandonment of a child under
7 years old when the child suffers physical injury
as result.
c. Bribery resulting to falsification
of public documents when the public officer
agreed to issue a false certification in
consideration of the consideration given by the
corruptor
d. Falsification of private
document to facilitate the commission of estafa
193. A child at risk is one who:
a. Committed an intentional
felony
b. Was raised in a family of drug
traffickers
c. Is under 15 yrs of age
d. Is over 15 but under 18 who
committed a crime
e. Is raised in a dysfunctional
environment and/or household which makes
him prone to commit a crime
194. Piracy under the Revised Penal Code and
piracy under P.D. 532 are both good laws and
co-existing independently. The distinction
between the two is mainly that:
a. Under the RPC, piracy is triable
only in the Philippines whereas under P.D. 532,
it is triable by any country.
b. The RPC recognizes that piracy
can be committed by any person even if
members of the complement or passenger; in
P.D. 532 it is committed only by the
complement of the vessel.
c. P.D. 532 declares that the
offense can be committed by any person even if
members of the complement or passenger in
Philippine waters. In the RPC it should be
committed by those who are not members of
the complement or passenger in Philippine
waters or in the high seas.
d. P.D. 532 makes the act
punishable if committed in any body of water
whereas RPC makes it punishable if committed
in Philippine waters only.
195. Between acts of lasciviousness and
attempted rape, the distinction is
a. In the intent to penetrate the
female organ and offender actually commenced
to force his penis into the complainant’s sexual
organ to make a case of attempted rape
b. In attempted rape, overt acts
showing indubitably that there is introduction
of the penis into the aperture of the female
organ thereby touching the labia of the
pudendum
 c. AOL can be against both male
and female whereas attempted rape can only
be against a female
d. In attempted rape the victim
can be under 12 whereas in AOL the victim
should always be over 12
196. Between consented acts of lasciviousness
and acts of lasciviousness:
a. AOL can be against male or
female and the age does not matter as long as it
is under circumstances of rape
b. Consented AOL can be both
against male or females and under
circumstances of seduction
c. Consented AOL requires that
the offended be over 12 but under 18 and
committed under circumstances of rape
d. AOL can only be against a
female who should be over 12 but under 18
e. AOL can be both against male
and female who should be over 12 but under 18
197. To what component of criminal law is
express and implied repeal relevant?
a. Territoriality
b. Generality
c. Irretrospectivity
d. Bill of attainder
e. Equal protection of the law
198. Which of the following cannot be
committed by culpa?
a. Arson
b. Intentional abortion, malicious
mischief, estafa and mutilation
c. Homicide
d. Serious physical injuries
199. Between grave threat (GT) and grave
coercion (GC), the difference is:
a. In GT, the wrong threatened is
future and conditional whereas in GC it is direct,
immediate and personal
b. In GT, the wrong threatened is
always a crime which is not so in GC
c. In GT, there is always a
condition which is not so in GC
d. GT cannot be done by means of
an intermediary or in writing whereas GC can be
e. GT allows the court to impose
bond to keep the peace which is not available in
GC
200. If a person tested positive for drug use and
is also in possession of drugs sold, he shall liable
for:
a. Separate crimes of illegal
possession and use of dangerous drugs
b. Use of dangerous drugs only
and illegal possession is absorbed
c. Compound crime of illegal
possession and use of dangerous drugs
d. Complex crime of illegal
possession of prohibited and regulated drugs
e. Illegal possession of dangerous
drugs only
201. Between robbery with violence against or
intimidation of person (VAIP) and robbery with
force upon things (FUT), the difference lies in
that:
a. The penalty for robbery with
VAIP is based on the result of the force,
violence or intimidation employed whereas in
robbery with FUT, the penalty is based on the
value of the thing taken
b. When both VAIP and FUT are
present in the robbery, the penalty shall be
always for the robbery with VAIP
notwithstanding that the penalty for the
robbery with FUT would have been higher
c. Robbery with FUT is always
committed in a dwelling whereas with VAIP can
be committed in a highway
d. In robbery with FUT, the
penalty is always lesser than in robbery with
VAIP
202. In the crime of libel, truth of the
imputation is not a defense if:
203. The “rule of actual malice” in libel requires
that:
a. The statement must be made
with actual malice — that is, with knowledge
that it was false or with reckless disregard of
whether it was false or not
b. A rule placing on the accused
the burden of showing the truth of allegations
of official misconduct and/or good motives and
justifiable ends for making such allegations
c. The statement should not be
absolutely privileged statement
d. The statement should not be
made in a judicial or parliamentary proceeding
204. The Anti-fencing Law {PD 1612} covers:
a. Proceeds of theft or robbery
only
b. Proceeds of estafa and
syndicated crimes only
c. Also proceeds usurpation

a. The imputation is against a d. The fruit of all crimes involving

public officer and the same relates to his public gain to the offender
function.

b. The imputation relates to a

crime against any person

c. The imputation is against a

public figure and the offender shows good
motives and justifiable ends in making the
imputation

d. The offended party is a private

person and the offender has not shown good
motives and justifiable ends in making the
imputation