RIZWOODS COLLEGES

# 51 N. Bacalso Ave., Sambag 1, Cebu City

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COLLEGE OF CRIMINAL JUSTICE 
PRELIM EXAMINATION
“CRIMINAL LAW Book1”
Name:_________________________________ Yr. & Sec.:___________________

I. Multiple Choice Examinations

1.  Are those crimes which the law attaches the capital punishment or penalties.
A.  Grave Felony C.  Light Felony
B.  Less Grave Felony D.  none
2.  It exists when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it.
A.  conspiracy C.  implied conspiracy
B.  proposal D.  indeterminate offense
3.  It is one where the purpose of the offender in performing an act is not certain.
A.  Intentional Felony C.  Indeterminate Offense
B.  Culpable Felony D.  Quasi-Offenses
4. Renato was able to get hold of a ladies bag while walking in the crowded street in Quiapo, however
before absconding the crime scene he was caught by an undercover cop, the crime of thief is:
a. Attempted b. Frustrated
c. Consummated d. None of the foregoing
5.  A shot B with intent to kill but without hitting him, then desisted from firing again. A is liable for
___________.
a. Frustrated felony
b. Consummated felony
c.   Attempted felony
d. Both A and B
6.  Are those which the law punishes with penalties which in their maximum period are correctional.
A.  Grave Felony C.  Light Felony
B.  Less Grave Felony D.  none
7. Ariel intending to kill Jiggs to avenge lost honor stabbed the latter three times in the chest, however
due to prompt medical attention Jiggs was able to survive the attacks, Ariel is liable for:
a. Physical Injuries b. Attempted Homicide
c. Frustrated homicide d. Frustrated murder
8.  When all the elements necessary for its execution and accomplishment are present
A.  Consummated C.  Attempted
B.  Frustrated D.  No Crime
9. Light felonies are made punishable only when they are:
a. Consummated b. Attempted
c. Frustrated d. Intended
10. Totie shot Jose his brother in the abdomen, penetrating the latter’s chest and liver, by reason of
prompt medical attention the offended party survived, what particular crime has been committed by
Totie?
a. Attempted homicide
b. Frustrated homicide
c. Consummated serious physical injuries
d. Frustrated parricide
Test 11. 
1.  When does the Revised Penal Code took effect?
A.  January 1, 1931 C.  January 2, 1931
B.  January 1, 1932 D.  January 2, 1932
2.  Criminal Laws undertake to punish crime committed within Philippine Territory.  
A.  General C.  Territorial
B.  Prospective D.  Retroactive
3.  When does criminal law gives retroactive effect?
A.  in the interest of substantial justice
B.  when it is favorable to the accused
C.  when the law is clear
D.  when the accused is a habitual
4.  Crimes committed in foreign merchant vessel are triable in the country where it is docked, unless they
merely affect things within the vessel or they refer to the internal management thereof.
A.  English Rule C.  Philippine Rule
B.  French Rule D.  American Rule
5.  Penal law cannot make an act punishable in a manner in which it was not punishable when
committed.  
A.  General C.  Territorial
B.  Prospective D.  Retroactive   
6.  What law is otherwise known as the Revised Penal Code?
A.  Act No. 3815 C.  RA 3815
B.  Act No. 3185 D.  RA 3185
7.  Characteristics of criminal law which means “the crime is the product of law”
A.  generality C.  prospective
B.  territoriality D.  retroactivity 
8.  A crime transpired on board of a US warship in Philippine waters. Which of the following will apply?
A.  The Philippine Criminal Law shall be applicable.
B.  The Philippine Criminal Law shall not be applicable.
C.  The English Rule shall apply.
D.  The French Rule shall apply
9.  Heads of state or Ambassador cannot be held criminally liable in another state or place of assignment
under the principles of international law. This is an EXCEPTION to the general characteristic of criminal
law which is:
a. Prospectivity b. Territoriality
c. Generality d. Immunity
10.  Which of the following is not an exception to territorial characteristic of criminal law?
A.  committed inside the Philippine ship or airship;
B.  counterfeiting Philippine currency
C.  Rebellion 
D.  Terrorism
11.  These are crimes so serious in their effects in society as to call for almost unanimous condemnation
of its members.
A.  mala in se C.   A and B
B.  mala prohibita D.  None of the foregoing
12. A with intention to kill B went to the house of the latter. B was found lying in bed and A shot B three
times in the head, without knowing that an hour before, B died of a heart attack, what crime was
committed?
a. Murder c. Homicide
b. Impossible crime d. Trespass to dwelling
13. The act of a person who w/ intent to kill shoot another whom he believed to be his target but actually
killed another is.
a. Error in personae c. Aberatio ictus
b. Praeter intentionem d. Ignorantia facti
14.  Crimes committed with deliberate intent
a. Intent c. Culpable felonies
b. Intentional felonies d. Motive
15.  A misapprehension of fact on the part of the offender causing an injury to another
a. Imprudence b. Mistake of fact
c. Negligence d. None of the above
16.  These are acts which are generally made criminal or prohibited by a statute for convenience or for a
more orderly regulation of the affairs of society.
A.  mala in se C.  intentional felony
B.  mala prohibita D.  culpable felony  
17.  What is praeter intentionem?
A.  The law may be harsh but it is the law
B.  Mistake in identity
C.  Injurious result is greater than that intended or the lack of intention to commit so grave a wrong
D.  A misapprehension of fact which would have been true had the facts been as he believed to be true
18.  X, with the intention to kill O, loaded his gun and went to the house of O. He found him sleeping on
his bed. He fired all the bullets at O, without knowing that three hours before, he died of cardiac attack.
What crime did X commit?
A.  Intentional felony C. Murder
B.  Homicide D. Impossible crime
19.  Which of the following is a mitigating circumstance?
A.  Defense of stranger C. Insanity
B.  Imbecility D. Praeter intentionem
20.  John was accused for illegal possession of firearms.  In his defense, he insisted that he has no intent
to kill because the firearm will be used for his own protection only.  What kind of crime is committed?
A.  Mala in se C.  infraction 
B.  Mala prohibita D.  misdemeanor 
21. An act committed or omitted in violation of a public law forbidding or commanding it..
a. Infractions
b. Delinquents
c. Violators
d. Crime
22.  In criminal law is binding on all persons who live or sojourn in the Philippine territory. This is based
on Article III, Section 1 on equal protection of laws.
a. General
b. Territorial
c. Prospective
d. Universal
23. Penal Law cannot make an act punishable in a manner in which it was not punishable when
committed. As provided in Article 366 of the Revised Penal Code, crimes are punishable under the laws
in force at the time of their commission.
 a. Prospective
b. Universal
c. Territorial
d. General
24. Criminal Laws undertake to punish crime committed within Philippine Territory.
a. Universal
b. Territorial
c. General
           d. Prospective
25. Crimes are not triable in the courts of the country, unless their commission affects the peace and
security of the territory or the safety of the state is endangered.
             a. French Rule
             b. English Rule
             c. Treaty of Paris
             d. Geneva Convention
26. Such crimes are triable in that country, unless they merely affect things within the vessel or they refer
to the internal management thereof.
            a. French Rule
            b. English Rule
            c. Treaty of Paris
            d. Geneva Convention
27.An acts and omissions punishable by the Revised Penal Code ( delitos).
           a. Crime
           b. Felonies
           c. Infractions
           d. Criminal Acts
28.  There is ___ when the act is performed with deliberate intent.
          a. deceit
          b. fault
          c. negligence
          d. lack of foresight
29 .  There is __ when the wrongful act results from imprudence, negligence, lack of foresight, or lack of
skill.
        a. deceit
        b. fault
        c. negligence
        d. imprudence
30.  These are wrongful acts in their nature and so serious in their effects on society as to call for almost
unanimous condemnation of its members, it is generally punishable by the Revised Penal Code.
      a. Mala Prohibita
      b. Mala Prohibitum
      c. Mala In Se
      d. Nullum Crimen
31. These are acts which are generally made criminal or prohibited by a statute for convenience or for a
more orderly regulation of the affairs of society, generally punishable by the Special Penal Law, hence
malice or criminal intent is not material element.
      a. Mala Prohibita
      b. Mala Prohibitum
      c. Mala In Se
      d. Nullum Crimen
32. there is mistake in the identity of the victim.
       a. aberration ictus
      b. error in persona
      c. praeter intentionem
      d. mala in se
33.the injurious result is greater than that intended provided the felony committed must be the proximate
cause.
      a.aberration ictus
      b.error in persona
      c.praeter intentionem
      d. mala in se
34. there is mistake in the blow.
       a. aberration ictus
       b. error in persona
       c. praeter intentionem
       d. mala in se
35.  By any person performing an act which would be an offense against persons or property, were it not
for their inherent impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means (Article 4, paragraph 1).
      a. Frustrated
      b. Attempted
      c. Impossible Crime
      d. Consummated
36.When all the elements necessary for its execution and accomplishment are present .
      a. Frustrated
      b. Attempted
      c. Accessory
      d. Consummated
37. When the offender commences the commission of felony directly or overt acts, and does not perform
all the acts of execution which would produce the felony by reason of some cause or accident other that
this own spontaneous desistance
      a. Consummated
      b. Frustrated
      c. Attempted
      d. Accessory
38. When  the offender performs all the acts of execution which would produce it by reason of causes
independent of the will of the perpetrator.
     a. Consummated
     b. Frustrated
    c. Accessory
    d. Attempted
39. there are three stages of execution.
    a. Formal crimes
    b. Material Crimes
    c. Felony by omission
    d. Crimes Punishable under RPC
40.Consummated in one instant, no attempt.
     a. Formal Crimes
     b. Material Crimes
     c. Felony by Omission
     d. Crimes Punishable under RPC
41. is the cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would not have occurred.
   a. Evil Cause
   b. Proximate Cause
   c. Cause of the crimes
   d. Deceit and Fault
42. The act of a person is said to be in accordance with law so that such person is deemed not to have
transgressed the law.
    a. Exempting Circumstances
    b. Mitigating Circumstances
    c. Justifying Circumstances
    d. Aggravating Circumstances
43. are those which must be taken into consideration as aggravating or mitigating according to the nature
and effects of the crime and the other conditions attending its commissions.
     a. Exempting Circumstances
     b. Justifying Circumstances
     c. Alternative Circumstances
     d. Aggravating Circumstances
44.  are those which, if present in the commission of the crime, do not entirely free the actor from
criminal liability but serve only to reduce the penalty.
    a. Mitigating Circumstances
    b. Justifying Circumstances
    c. Absolutory Causes
    d. Alternative Circumstances
45.  are those which, if present in the commission of the crime, serve to increase the penalty without
exceeding the maximum of the penalty provided by law for the offense.
    a. Absolutory Cause
    b. Alternative Circumstances
    c. Aggravating Circumstances
    d. Mitigating Circumstances
46. felonies are those which the law punishes with penalties which in their maximum period are
correctional, in accordance with the law.
    a. Light felonies
    b. Less Grave Felonies
    c. Grave Felonies
    d. Felonies
47. are those infractions of law for the commission of which a penalty of arresto menor or a fine not
exceeding 200 pesos or both is provided.
     a. Light Felonies
     b. Less Grave Felonies
     c. Grave Felonies
     d. Felonies
48. are those to which the law attaches the capitasl punishment or penalties.
     a. Light Felonies
     b. Felonies
     c. Less Grave Felonies
     d. Grave Felonies
49. The effectivity of the Revised Penal Code?.
     a. January 1, 1932
     b. Janauary 1, 1934
     c. January 1, 1935
      d. January 1, 1832
50. “Nullum Crime Nulla Poena Sine Lege” means?.
     a. No felony shall be punishable by any penalty not prescribed by law prior to its commission
     b. No crimes shall be punish unless prescribed by law
     c. No felony shall be punishable by any penalty not prescribed by law before the commission
     d. No excessive penalties to be imposed in commission of crimes

PART II. 

1. Distinction between crimes punished under the Revised Penal Code and crimes punished
under special laws 
2. Define the following terms 
 1. Acts 2. Omission 3. Felonies 4. Crime