PART 2 - JEK TV RATIONALIZE CRIMINAL LAW AND JURISPRUDENCE

61. The following are considered afflictive penalties, except:

a. death by lethal injection

b. reclusion perpetua

c. reclusion temporal

d. prison mayor

THE CORRECT ANSWER IS A.

Principal Penalties and their Different Classes:

Capital Punishment – death

Afflictive Penalties –

a. reclusion perpetua

b. reclusion temporal

c. perpetual or temporary absolute disqualification

d. perpetual or temporary special disqualification

e. prision mayor

62. Shall deprive the offender rights of parental authority or guardianship.

a. subsidiary penalty

b. penalty

c. suspension

d. civil interdiction

THE CORRECT ANSWER IS D

EFFECTS OF CIVIL INTERDICTION

Loss of:

1) parental authority;
2) guardianship over the ward

3) marital authority;

4) right to manage his property and to dispose of the same by an act inter vivos.

Civil interdiction is an accessory penalty to the following principal penalties: a) Reclusion Perpetua, and
b) Reclusion Temporal.

63. Personal liability to be suffered by the convict who has no property to meet the fine.

a. subsidiary penalty

b. suspension

c. penalty

d. civil interdiction

THE CORRECT ANSWER IS A

WHAT IS SUBSIDIARY PENALTY?

Is a subsidiary personal liability to be suffered by the convict who has no property with which to meet
the pecuniary liabilities for the reparation of the damage cause, indemnification of consequential
damages, and fine, at the rate of P8.00 per day.

It is not a principal or an accessory penalty. It is not expressly imposed by the court. It can be imposed
only if the convict does not have money or property to cover his pecuniary liabilities.

64. A form of protection rather than a penalty in cases of Art. 247 of the RPC.

a. subsidiary penalty

b. suspension

c. Distiero

d. civil interdiction

THE CORRECT ANSWER IS C

“Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any legally married
person who having surprised his spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer the penalty of destierro.

65. In cases wherein the commission of an offense is necessary in the commission of another it is said
the crime is:
a. formal crime

b. informal crime

c. compound crime

d. complex crime

THE CORRECT ANSWER IS D complex crimes

Article 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed, the same to be applied in its maximum period.(As amended by Act No.
4000.)

66. An entire penalty, enumerated in the graduated scale of penalties.

a. degree

b. period

c. prescription

d. duration

THE CORRECT ANSWER IS A.

Degree – one whole penalty, one entire penalty or one unit of the penalties enumerated in the
graduated scales provided for in Art 71

67. A sentence of imprisonment for the maximum period defined by law subject to the termination by
the parole board at any time after service of the sentence.

a. suspension

b. indeterminate sentence

c. prescription

d. period of penalty

THE CORRECT ANSWER IS

B. indeterminate sentence A sentence of imprisonment for the maximum period defined by law subject
to the termination by the parole board at any time after service of the sentence.

68. It is the forfeiture or loss of the right of the state to prosecute the offender for the commission of a
crime after a certain lapse of time.
a. prescription of the crime c. prescription of the penalty

b. degree of the penalty d. period of penalty

THE CORRECT ANSWER IS A prescription of the crime

Prescription of the penalty is the loss or forfeiture of the right of the Government to execute the final
sentence after the lapse of a certain time.

69. The crime of libel and other similar offenses shall prescribe in how many years?

a. 15 years

b. 1 year

c. 10 years

d. 5 years

THE CORRECT ANSWER IS B. libel and other similar offenses shall prescribe in 1 YEAR

70. Those crime punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:

a. 20 years

b. 15 years

c. 10 years

d. 5 years

THE CORRECT ANSWER IS A. Those crime punishable by death, reclusion perpetua and reclusion
temporal shall prescribe in 20 YEARS.

CRIMINOLOGIST LICENSURE EXAMINATION

CRIMINAL LAW 1 ANSWER KEY FOr 71-90

71. Those punishable by correctional penalties shall prescribe in how many years?

a. 20 years

b. 15 years

c. 10 years

d. 5 years
THE CORRECT ANSWER IS C. ten years

Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or reclusion temporal
shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

What is prescription of penalty?

It refers to the forfeiture or loss of the right of the government to execute the final sentence after the
lapse of certain time.

What are the prescriptive period of penalties?

1) Death and reclusion perpetua prescribed in twenty (20) years;

2) Other afflictive penalties, in fifteen years;

3) Correctional penalties, in ten years, with the exemption of the penalty of arresto mayor, which
prescribes in five years; and

4) Light penalties, in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

72. Light offenses prescribe in:

a. 12 months

b. 6 months

c. 4 months
d. 2 months

THE CORRECT ANSWER IS

A. Light offenses prescribe in 1YEAR

What is prescription of penalty?

It refers to the forfeiture or loss of the right of the government to execute the final sentence after the
lapse of certain time.

What are the prescriptive period of penalties?

1) Death and reclusion perpetua prescribed in twenty (20) years;

2) Other afflictive penalties, in fifteen years;

3) Correctional penalties, in ten years, with the exemption of the penalty of arresto mayor, which
prescribes in five years; and

4) Light penalties, in one year.

73. A and B had a quarrel. A boxed B. A told B, “I kill you this week”. A bought a firearms. On Friday, he
waited for B and shot him but killed C instead. In so far as B is concerned, the crime committed by A is:

a. Attempted murder

b. Frustrated murder

c. Illegal discharge of firearm

d. All of these

THE CORRECT ANSWER IS a. In so far as B

is concerned, the crime committed by A is Attempted murder

74. In so far as C is concerned the crime committed is:

a. frustrated homicide

b. Murder

c. Consummated homicide
d. None of the above

THE CORRECT ANSWER IS D. HOMICIDE WITHOUT QUALIFYING CIRCUMSTANCES TO KILL C.

75. X (as principal) committed the crime of Homicide (consummated) which is punishable by Reclusion
Perpetua. He pleaded guilty to the charge at the arraignment. Determine his penalty.

a. Prision mayor (at any period) as minimum to Reclusion temporal (minimum period) as the maximum
period of the indeterminate penalty.

b. Prision mayor (minimum) as minimum to Reclusion temporal (any period) as the maximum period of
the indeterminate penalty

c. Reclusion temporal as the minimum period to reclusion perpetua as maximum

d. Prision mayor

THE CORRECT ANSWER IS C. Reclusion temporal as the minimum period to reclusion perpetua as
maximum

76. X (as principal) committed grave coercion (consummated) punishable by prision correctional. There
was one aggravating circumstances in the commission of the crime let us say “with the aid of armed
men”. Fix his penalty.

a. Arresto mayor (any period) as minimum to Prision correctional (maximum period) as maximum period
of the indeterminate penalty.

b. Arresto mayor (medium period) as minimum to Prision correctional (any period) as maximum period
of the indeterminate penalty

c. Prision correctional medium to Prison mayor as maximum period

d. None of the above

THE CORRECT ANSWER IS C. Prision correctional medium to Prison mayor as maximum period

77. The following are crimes Against National Security and Law of Nations, EXCEPT.

a. Treason
b. Piracy and mutiny

c. Espionage

d. Rebellion

The correct answer is D. REBELLION

Crimes against National Security and Law of Nations

1. Art. 114. Treason

2. Art. 115. Conspiracy and proposal to commit treason

3. Art. 116. Misprision of treason

4. Art. 117. Espionage

5. Art. 118. Inciting to war or giving motives for reprisals😁

6. Art. 119. Violation of neutrality

7. Art. 120. Correspondence with hostile country

8. Art. 121. Flight to enemy country

9. Art. 122. Piracy in general and mutiny on the high seas

10. Art. 123. Qualified piracy

78. Breach of allegiance to a government, committed by a person who owes allegiance to it.

a. treason

b. Espionage

c. Adherence to the enemy

d. Rebellion

The correct answer is A. treason Breach of allegiance to a government, committed by a person who
owes allegiance to it
79. The degree of proof required to convict a person accused of treason.

a. substantial evidence c. Proof beyond reasonable doubt

b. two witness rule d. Preponderance of evidence

The correct answer is b. two witness rule

80. The following are elements of Piracy, EXCEPT:

a. A vessel is on the high seas or in Philippine waters;

b. The offenders are not members of its complement or passengers of the vessel;

c. That the offender resist to a superior officer;

d. The offenders either attack or seize that vessel or seize the whole or part of the cargo of said vessel,
its equipment or personal belonging of its complement or passengers.

The correct answer is

C. That the offender resist to a superior officer;

PIRACY AND MUTINY ON THE HIGH SEAS

PENALTY: Reclusion Perpetua

Elements:

(1)That a vessel is on the high seas/Philippine waters

(2)That the offenders are not members of its complement or passengers of the vessel

(3)That the offenders –

2 Ways of Committing Piracy

(A) Attack or seize a vessel on the high seas or in the Philippine waters (PD 532)

(B) Seize the whole or part of the cargo of said vehicles, its equipment or personal belongings of its
complement or passengers

Piracy in high seas – jurisdiction is with any court where offenders are found or arrested
Piracy in internal waters – jurisdiction is only with Philippine courts

For purpose of Anti-Fencing Law, piracy is part of robbery and theft

81. Which of the following does NOT qualify the crime of Piracy:

a. Whenever the pirates have seized the vessel on the high seas or in Philippine waters

b. Whenever the pirates have seized a vessel by boarding or firing upon the same.

c. Whenever the pirates have abandoned their victims without means of saving themselves.

d. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

The correct answer is A. Whenever the pirates have seized the vessel on the high seas or in Philippine
waters

QUALIFIED PIRACY Art. 123

The qualifying circumstances are:

1) Whenever the offenders have seized the vessel by boarding or firing the same,

2) Whenever the pirates have abandoned their victims without means of saving themselves, and

3) Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

82. Otherwise known as the “Anti-Piracy and Anti-highway Robbery Law of 1974.

a. Comm. Act No. 616

b. P.D. 532

c. P.D. 533

d. R.A. 6235

THE CORRECT ANSWER IS B.

Presidential Decree No.532 of 1974

83. PO1 Agresibo, without legal grounds arrested and detained Mr. Suspetsoso and deprived said person
of his liberty is liable for:

a. illegal detention

b. Arbitrary detention

c. Unlawful arrest

d. Kidnapping

THE CORRECT ANSWER IS B. Arbitrary detention

Elements of arbitrary detention by unlawfully arresting and detaining a person under under

Art. 124:

(1) Offender is a public officer or employee;

(2) He detains a person; and

(3) without legal grounds.

84. The following are legal grounds for the detention of any person, EXCEPT:

a. commission of a crime d. A and c only

b. escape from prison / penal institution e. A, b and c

c. violent insanity or other ailment requiring the compulsory confinement

THE CORRECT ANSWER IS D. A AND C ONLY

(a) commission of a crime; and

(b) violent insanity or other ailment requiring compulsory confinement of the patient in a hospital, like
leprosy.

85. The following are acts constitute a crime of delaying release, EXCEPT:

a. Delays the performance of a judicial or executive order for the release of a prisoner.

b. Delays the service of the notice of such order to said prisoner.

c. Delays the proceedings upon any petition for the liberation of such person.

d. Delays the filing of a criminal offense against the detainee to the proper judicial authority.

e. All of these

THE CORRECT ANSWER IS D. EXCEPT Delays the filing of a criminal offense against the detainee to the
proper judicial authority.

ELEMENTS:

1) The offender is a PUBLIC OFFICER or EMPLOYEE.

2) That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the liberation of such person.

3) The offender without good reasons delay –

(a) the serving of the notice of such order to the prisoner, or

(b) the performance of such judicial or executive order for the release of the prisoner, or

(c) the proceedings upon a petition for the release of such person.

86. Mr. Robinhood was arrested for illegal possession of firearms which is considered a low power gun.
Considering that such is punishable by correctional penalty, within how many hours should a case be
filed to the proper judicial authority?

a. 12 hours

b. 18 hours

c. 24 hours

d. 36 hours

THE CORRECT ANSWER IS B. 18 hours

(a) 12 hours, for crimes or offenses punishable by light penalties;

(b) 18 hours, for crimes or offenses punishable by correctional penalties; and

(c) 36 hours, for crimes or offenses punishable by afflictive or capital penalties

87. It is the unauthorized act of public officer who compels a person to change his resident or otherwise
expels him from the Philippines.

a. violation of domicile

b. Arbitrary detention

c. Trespass to dwelling

d. Expulsion

THE CORRECT ANSWER IS D. EXPULSION Art. 127

HOW IS THE CRIME OF EXPULSION COMMITTED?

It is committed-

(1) by expelling a person from the Philippines, and

(2) by compelling a person to change his residence, without authority of law.

WHO MAY COMMIT THE CRIME OF EXPULSION?

Only PUBLIC OFFICERS or EMPLOYEES.

88. The following are act constituting Violation of Domicile.

a. Any public officer or employee who enters any dwelling against the will of the owner thereof.

b. Any public officer or employee who searches any papers or other effects found therein without the
previous consent of the owner.

c. Any public officer or employee who refuses to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the premises.

d. Any public officer or employee who searches domicile without witnesses.

e. All of these

f. a, b and c only

THE CORRECT ANSWER IS f. a, b and c only

VIOLATION OF DOMICILE
Art. 128

Elements of violation of domicile by entering and/or searching the dwelling:

(1) The offender is public officer or employee,

(2) He is not authorized by judicial order,

(3) He performs any of the following acts:

a) Enters any dwelling against the will of the owner thereof,

b) Search papers or other effects found therein without the previous consent of such owner, or

c) By refusing to leave the premises, after having surreptitiously entered said dwelling, and after having
been required to leave the premises.

89. As a rule no search of house, room or premise shall be made except in the presence of:

a. The lawful occupants of the premise.

b. Any member of his family

c. At least two (2) witnesses of sufficient age and discretion residing in the same locality.

d. a and b only

e. Any of a, b, and c

THE CORRECT ANSWER IS E. Any of a, b, and c

Searching domicile without witnesses. Art. 130

A public officer commits this crime if with a valid search warrant, he shall search domicile, papers or
effects of a person in the absence of -

(a) the owner thereof;

(b) or any member of his family; and

(c) in their default, without the presence of two witnesses residing in the same locality.

90. SPO1 Masinop having authorized by a search warrant, search the house of Mr. Mando N. Ducot.
After having discovered the item specified in the warrant, SPO1 Masinop took the same and includes the
jewelry box filled with jewelry which is not included in the list of the item to be seized. SPO1 Masinop is:
a. Liable for the crime of violation of domicile

b. Not liable for the crime of violation of domicile

c. May not be liable for violation of domicile

d. Liable for a crime but not on violation of domicile

THE CORRECT ANSWER IS D. Liable for a crime but not on violation of domicile

91. The following are crimes against the fundamental law of the States. Which one can be committed by
private person?

a. Arbitrary detention c. Violation of Domicile

b. Interruption of religious worship d. offending religious feelings

e. Prohibition, interruption or dissolution of peaceful meetings

THE CORRECT ANSWER IS d. Offending religious feelings

92. The law which provides Human Security

a. R.A. 9208

b. R.A. 9745

c. R.A. 9372

d. R.A. 7438

THE CORRECT ANSWER IS C. R.A. 9372

The Human Security Act of 2007, officially designated as Republic Act No. 9372 or RA 9372 for short, is a
Philippine law that took effect on July 20, 2007. This law is one of the most primary anti-terrorism law
that brings the Philippines in line with its Southeast Asian neighbors battling Islamist militants.

93. Any person who committed an act of terrorism shall be punished with an imprisonment of 40 years
without the benefit of parole as stated provided under R.A. 4103 otherwise known as the Indeterminate
Sentence Law, as amended, and shall be detained without warrant for a period not more than?

a. 12 hours

b. 18 hours

c. 36 hours

d. 3 days
THE CORRECT ANSWER IS d. 3 days OR 72 HOURS

(a) 12 hours, for crimes or offenses punishable by light penalties;

(b) 18 hours, for crimes or offenses punishable by correctional penalties; and

(c) 36 hours, for crimes or offenses punishable by afflictive or capital penalties

94. Bert de Leon not only confessed his membership with the Sparrow unit but also his participation and
that of his Group in the killing of SPO2 Manalad while the latter was manning the traffic along C. M.
Recto Ave. Manila. Under the facts given, what crime was committed by the former and that of his
Group?

a. murder

b. Sedition

c. Rebellion

d. Homicide

THE CORRECT ANSWER IS MURDER. ART 248

95. This crime is committed by raising publicly and taking arms against government to completely
overthrow and supersede said existing government.

a. treason

b. Rebellion

c. Coup d’etat

d. Sedition

THE CORRECT ANSWER IS B. Rebellion

“Article 134. Rebellion or insurrection.—How committed.—The crime of rebellion or insurrection is

committed by rising publicly and taking arms against the Government for the purpose of removing from
the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part
thereof, of any body of land, naval or other armed forces, or depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives.”

96. A swift attack accompanied by violence, intimidation, stealth, directed against duly constituted
authorities, public utilities, military camps and installation with or without civilian support for the
purpose of diminishing state power.

a. treason
b. Rebellion

c. Coup d’etat

d. Sedition

THE CORRECT ANSWER IS c. Coup d’etat

“Article 134-A. Coup d’état.—How committed.—The crime of coup d’état is a swift attack accompanied
by violence, intimidation, threat, strategy or stealth, directed 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, singly or
simultaneously carried out anywhere in the Philippines 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, for the purpose of seizing or diminishing state power.”

97. It is a felony which in its general sense is raising of communications or disturbances in the state
outside of the legal method.

a. treason

b. Rebellion

c. Coup d’etat

d. Sedition

THE CORRECT ANSWER IS D. SEDITION- in its general sense, is the raising of commotions or disturbances
in the State.

98. A police officer, who arrested a member of congress while going to attend a senate session for a
traffic violation is liable for:

a. crime against popular representation

b. acts tending to prevent the meeting of the National Assembly

c. violation of parliamentary immunity

d. all of the foregoing

THE CORRECT ANSWER IS C. violation of parliamentary immunity

99. The Kilusan ng mga Ungas at Paranoid (KUP) was organized by Mr. Panot allegedly for protecting the
poor laborer, where in fact it was organized to form a group that would rise against the rich
businessmen of their city. For what crime can they be charged?

a. Illegal assembly
b. Illegal association

c. Coup d’etat

d. Rebellion

THE CORRECT ANSWER IS b. Illegal association

Illegal association- it is a Group of person ' an organization rather " who have unregistered Incorporation
'' or businesses and other purposes.

100. Any association, organization, political party or group of persons organized for the purpose of
overthrowing the Government of the Republic of the Philippines or for the purpose of removing the
allegiance to said government or its law, the territory of the Phils. Or any part thereof, with the open or
covert assistance or support of a foreign power by force violence, deceit or other illegal means. Is a
crime of:

a. Rebellion c. Subversive Association or Organization

b. Illegal Association d. Illegal Assembly

THE CORRECT ANSWER IS D. Illegal Assembly

leggal assembly -this is a group of person ' gathering at one place ' for Public raising against the gov'nt.