CRIMINAL LAW BOOK 1

1. The law creating the Revised Penal Code is?

A. Act No.1123 B. Act No.2311 C. Act. No 3815 0. None of the above.

2. Which of the following statement is NOT true?

A. In exempting circumstances there is a crime but there is no criminal
B. In justifying circumstance, there is no civil liability except in causing damage to another
in state of necessity
C. A person who acts by virtue of a justifying circumstance does not transgress the law
because there is nothing unlawful in the act as well as in the intention of the actor
0. None of these

3. One of the exceptions of the General applications of our penal laws is

A. Treaty Stipulations and Laws of preferential application
B. If the penal laws is favourable to the accused
C. If one commit the offense on Philippine ship or
airship 0. None of the foregoing

4. One of the exceptions of Territoriality is

A. Treaty Stipulations and Laws of preferential application
B. If the penal laws is favourable to the accused
C. If one commits an offense on Philippine ship or airship
0. None of the foregoing

5. One of the exceptions to the Prospective applications of penal laws is?

A. Treaty Stipulations and Laws of preferential application
B. If the penal laws is favourable to the accused
C. If one commit an offense on Philippine ship or
airship 0. all of these

6. Which of the following is exempted from criminal liability?

A. Moron C. Imbecile
B. Insane 0. All of the above

7. Which one of the following does not belong to the group?

A. Intent C. Imprudence
B. Negligence 0. Lack of skill

8. When a person 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, robbery, theft, estafa or falsification is
found guilty of any of the said crimes the third time is,
A. Habitual delinquency C. Quasi-recidivism
B. Reiteraction or habituality 0. Recidivism

9. What is the effect of the death of the offended party in a criminal action for libel?
A. No effect at all C. The criminal liability is NOT extinguished
B. The criminal liability is extinguished 0. The criminal liability is partially extinguished
10. Which of the following terms means resorting to any device to conceal identity?
A. Fraud C. Disguise
B. Craft D. Knowledge

11. How is accidental drunkenness appreciated as a circumstance in the commission of an

offense?
A. Mitigating C. Exempting
B. Aggravating D. Justifying

12. Is a miscarriage of the blow thereby hitting a different and/or another victim, the intended
and the resultant crime is called? What do you call this circumstance?
A. Error in Personae C. Aberratio Ictus
B. Praeater Intentionem D. Dura lex sed lex

13. What is the basis of exempting a from criminal liability under Article 12 for the Revised Penal
Code?
A. Complete absence of intent C. Complete absence of freedom of action
B. Complete absence of intelligence D. None of the above

14. Who grants absolute pardon?

A. The Chief Executive C. Director of the Bureau of Prisons
B. Probation Officer D. Chief Justice of the Supreme Court

15. Which of these is NOT a requisite of “avoidance of greater evil or injury”?

A. That there be no practical
B. That the evil sought to be avoided actually exists
C. That the means used to avoid the injury is lawful
D. That the injury feared be greater than the injury done to avoid it

16. A penalty which has duration of 6 months and 1 day to 6 years.

A. Prision mayor C. Prision Correctional
B. Arresto Mayor D. Arresto menor

17. When the offenders performs all the acts execution which would produced a felony as a
consequence but which, nevertheless do not produced it by reason of the cause
independent to the will of the perpetrator . What do you call this stage of execution of
felony?
A. Frustrated felony C. Consummated
B. Attempted D. Proposal

18. Which of the following is mitigating circumstances?

A. An act done
B. An the
under act compulsion
done in obedience to an order
of an irresistible by a superior for some lawful purpose
force
C. An act done under the impulse of an uncontrollable fear of an equal or greater injury
D. Having acted upon an impulse so powerful as naturally to have produced passion and
obfuscation

19. A victim mortally wounded by the accused who stabbed him in the abdomen, fortunately did
not die due timely medical attendance. What stage of felony is committed , if there is
any?
A. Frustrated C. Consummated
B. Attempted D. No crime at all
20. Rolly, with the intention to kill Andres, loaded his homemade shotgun and went to the house
of Andres. He found him sleeping on his bed. He fires the entire loaded cartridge at Andres,
without knowing that three hours before, he died of cardiac arrest . What crime did Rolly
commit?
A. Homicide C. Murder
B. Impossible crime D. Intentional felony

21. This characteristics of criminal law in enounced in Article 366 of the Revised Penal Code;
crimes are punished under the laws, in force at the time of their commission.
A. General C. Preferential
B. Territorial D. Prospective

22. In rape, there is a touch of the penis in the labia of the vagina of the victim but no insertion.
What is the stage of felony committed?
A. Frustrated C. Consummated
B. Attempted D. Consented

23. The most important requisites of self-defense is:

A. Reasonable necessity of the means employed to prevent or repel the attack
B. Lack of sufficient provocation on the part of the person defending himself
C. Unlawful aggression
D. all of these

24. If the captain of a vessel jettison the cargo to prevent the vessel and the crew from
drowning. The act of the captain is justified as act of:
A. Self-defense C. Defense of relatives
B. Defense of stranger D. State of Necessity

25. A policeman who was attacked by an escaped prisoner when he demanded surrender and he
fired and killed the said prisoner. The police officer can invoke as a defense?
A. Self-defense C. Fulfilment of a duty
B. Defense of relatives D. State of Necessity

26. Alex a minor insulted Bart, and Bart because of the insult inflicted serious physical injuries to
Alex. Bart can invoke the mitigating circumstances of : A.
Minority C. lack of intention to commit a wrong committed
B. Sufficient provocation D. None of these

27. Ali killed Billy as an act of revenge, Billy is the suspect for the rape of Ali’s sister, a minor. Ali
can invoke a mitigating circumstances of :
A. Minority C. Lack of intention to commit a wrong committed
B. Sufficient provocation D. Immediate vindication of a grave offense

28. A visitor in a house who committed a robbery. The robbery is aggravated by:
A. Dwelling C. Obvious ungratefulness
B. Abuse of confidence D. Robbery

29. Accused was blinded by anger after he saw the victim boxed his son, so he stabs the victim to
death. Accused can invoked the mitigating circumstances of:
A. Sufficient provocation C. Immediate vindication of a grave offense
B. Lack of intention to commit a wrong as committed. D. Passion and obfuscation
 30. Accused, wanted for robbery was cornered by authorities so he decided to give himself up,
accused can be given a mitigating circumstances of :
A. Plea of guilty C. Sufficient provocation
B. Voluntary surrender D. None of the above

31. The failure of a police officer to deliver the prisoners to the proper judicial authorities within
the required period under the law as it was impossible for him to do so because of the distance of
the place. Can invoke these mitigating circumstances.
A. Instigation C. Insuperable Cause
B. Entrapment D. All of the above

32. Alex, was detained at Maa City Jail, while pending trial of his case, he remained in custody
for he cannot pay his bail. Alex questioned the validity of his detention on the ground that he
is not yet found guilty of his case, yet he is already put in prison serving a sentence as if he
is already guilty, he argued that this violates his right to presumption of innocence until
proven guilty. Is the contention of Alex valid?
A. Yes, the contention of Alex is valid it violates the latter’s presumption of innocence under the
Bill of Rights.
B. No, Alex detention is not a penalty but a safety measure to prevent him from escaping while
the case is ongoing
C. No, his detention is valid because he cannot pay for his bail.
D. None of these

33. A victim was shot dead while he was going up stairs to his house. The shooting is aggravated
by:
A. Sex C. Dwelling
B. Age D. Rank

34. Joseph rape Christy, rape is considered as an afflictive felony. Prosecuted for rape, accused
went into hiding in America for 21 years, after which he reappears, this time Christy re-
opened the rape case against accused. Joseph invoked prescription of the crime, which
extinguishes his criminal liability. Afflictive felony such as rape prescribes in 20 years. Is the
contention of Joseph valid?
A. Yes, afflictive felonies such as rape prescribe in 20 years.
B. No, because the moment accused went into hiding it will stop the counting of the
period
C. Yes, Christy failed to prosecute accused for 21 years when she had all the
opportunity.
D. None of these

35. An accused raped a 12 years old girl who was entrusted to her. Rape in this case is aggravated
by:
A. Dwelling C. Obvious ungratefulness
B. Age D. Abuse of confidence

36. A crime is committed in the chapel inside Malacanang Palace. The crime is aggravated by:
A. In the palace of the Chief Executive
B. In the presence of the Chief Executive
C. Where public authorities are engage in their function
D. Place dedicated to religious worship
37. 5 persons stoned to death an old man whom they suspected of being an aswang. The killing
is aggravated by:
A. Uninhabited place C. By a band
B. Nighttime D. Place dedicated to worship

38. The victim unarmed was stabbed to death by 5 individuals. The killing is aggravated by:
A. Band C. Superior strength
B. Aid of armed men D. Treachery

39. Intoxicating the victim after which 4 accused armed with a knife gang-rape the victim. Rape
in this case is aggravated by:
A. Superior strength C. Means to weaken the defense
B. Band D. Treachery

40. Victim was attacked which sudden and unexpected but in a frontal manner. The attacked in
this case is aggravated by:
A. Superior strength C. Means to weaken the defense
B. Band D. Treachery

41. A killer enters into an open window, while inside kill the victim. The killing in this case is
aggravated by:
A. Breaking of window C. Treachery
B. Unlawful entry D. Superior strength

42. The robbery was committed by the use of 14 years old boy who served as a lookout. The
robbery in this case is aggravated by:
A. Disguise C. Craft
B. Fraud D. Aid minor

43. Accused rape a woman in the presence of her husband. Rape is aggravated by:
A. Cruelty C. Superior strength
B. Ignominy D. Treachery

44. A robbery was committed by breaking a door open purposely for the robber to get outside. The
robbery is aggravated by:
A. Breaking of door C. Treachery
B. Unlawful entry D. No one of the above

45. Is an act of grace proceedings from the power entrusted with the execution of the laws
which exempts individuals or group on whom it is bestowed from the punishment of the
laws inflict for the political crimes he has committed?
A. Amnesty C. Probation
B. Pardon D. Parole

46. A father who inflict physical injuries to his son as a means of discipline. The relationship of
the victim and the suspect is appreciated in physical injury as: A.
Aggravating C. Exempting
B. Mitigating D. Justifying
47. One who plans the commission of a felony is himself liable as:
A. Principal C. Accessory
B. Accomplice D. Not liable at all

48. One who guards the victim in a kidnapping but did not participate in the kidnapping is
himself liable as:
A. Principal C. Accessory
B. Accomplice D. Not liable at all

49. Ruel, a government employee was charged with Malversation of Public funds for
appropriating for himself P50, 000 govt. funds under his custody, after conviction he was
given a general pardoned by the President of the Philippines. After being set free he
immediately assume office. His superior barred him from office for reason that the pardon
did not expressly restore him in office or to his former position. Is the contention of Ruel’s
superior valid?
A. No, the pardon by the President restores him in office even if the same is not expressly
remitted in the pardon.
B. Yes, because the pardon is in couch in general, it does in any way mention Ruel’s
restoration of public office
C. No, the pardon in couch in general hence, it includes the civil aspect such as
restoration in office.
D. None of the foregoing

50. Sander was convicted of homicide. In the judgment, the court finds 3 mitigating
circumstances and only one are aggravating circumstances. Assuming that the penalty for
Homicide is Reclusion Temporal. What is the proper penalty to be imposed for Sander?
A. Reclusion Temporal Maximum C. Reclusion Temporal Minimum
B. Reclusion Temporal Medium D. None of these