CLJ P2

STRATFORD MAGIS LAW AND JURISPRUDENCE BOOK 2
1. One of the following belongs to the Crimes against the Law of Nations.

A. Rebellion B. Treason C. Piracy* D. Coup d etat
2. Where can the crimes against the law of nations be tried?
A. In any courts that have jurisdiction over the case* C. In the place where the crime was committed
B. In the place or residence of the victim D. In the place or residence of the accused
3. These crimes can only be committed in times of war.
A. Crimes against the law of nations C. Crimes against the national security*
B. Crimes against public order D. Crimes against the fundamental laws of the state
4. It is a breach of allegiance to a government, committed by a person who owes allegiance to it.
A. Treason* B. Rebellion C. Sedition D. Coup d etat
5. It is the obligation of fidelity and obedience which one owes to the government under which
he lives, in return for the protection he receives.
A. Adherence B. Levying C. Integrity D. Allegiance*
6. The following are the persons who may be liable for the crime of treason, except one:
A. Filipino citizens and resident aliens living in the Phil.
B. Resident alien owes temporary allegiance to the gov’t
C. An alien although living abroad but actively supporting treason activities in the Philippines*
D. Filipino citizen living abroad participated secretly
7. It means that the citizen intellectually or emotionally favors the enemies and harbors sympathies or convictions disloyal to
his country’s policy or interest. It means that there is intent to betray.
A. Adherence* B. Aid and comfort C. Integrity D. Allegiance
8. It is required to prove the same overt act of giving aid or
comfort in the crime of treason.
A. Direct evidence B. Circumstantial evidence C. Two witness* D. Corroborative evidence
9. A testified that he saw X going to the house of C in search of the latter’s revolver. B testified that when C went to the
garrison, X required C to produce his revolver. Is the two witness rule complied with?
A. Yes B. No* C. Either D. Neither
10. One witness said he heard a gun report, and saw a smoking gun in the hand of the accused and saw
the victim fall. Another witness, who was deaf, said he saw the accused raise and point the gun and saw a puff of smoke
from it. Is the two‐witness rule complied with?
A. Yes* B. No C. Either D. Neither
11. It means any act which strengthens or tends to strengthen the enemy of the government in the conduct of
war againstthe government or an act which weakens or tends to weaken the power ofthe government to resist or
to attack the enemies of the government.
A. Adherence B. Aid and comfort* C. Integrity D. Allegiance
12. A crime of treason is a- A. Formal crime* B. Material crime C. Delito continuado D. Delito compuesto
13. X, a Filipino citizen, has knowledge of treason committed by someone and does not report its commission to the proper
authorities. Can he be held liable for Misprision of Treason?
A. Yes, knowledge of treason actually committed by another
B. Yes, because he did not report it to the authorities
C. No, because the crime of treason is already committed*
D. No, the two witnesses rule must be applied
14. This crime is punished as an accessory to the crime of treason.
A. Conspiracy to commit treason B. Proposal to commit treason C. Frustrated treason D. Misprision of treason*
15. Is the offense of gathering, transmitting, or losing information respecting the national defense with intent, or there is reason
to believe that information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign
nation. A. Treason B. Espionage* C. Coup d etat D. Piracy
16. X burning the Chinese flag went viral in the social media. If China bans the entry of Filipinos, that is-
A. Retaliation B. Unlawful C. Economic sabotage D. Reprisal*
17. Is robbery or depredation in the high seas, without lawful authority and done with animo furandi (with intent to steal)
and in the spirit and intention of universal hostility.
A. Piracy* B. Mutiny C. Sea-robbery D. Hijacking
18. It is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a
ship against the authority of its commander.
A. Piracy B. Mutiny* C. Sea-robbery D. Hijacking
19. When piracy is committed and accompanied by murder, homicide, physical injuries and rape, what crime is committed?
A. Piracy and murder B. Piracy with murder C. Qualified piracy* D. Murder
20. If the aircraft is of Philippine registry but it is not in flight, the perpetrators orders the pilot to run it and fly. What crime are
they liable?
A. Piracy B. Hijacking C. Qualified hijacking D. Grave coercion*
21. In the course of the hijacking, a passenger or complement was shot and killed. What crime or crimes were committed?
A. Hijacking* B. Qualified hijacking C. Hijacking with murder D. Hijacking and murder
22. A, a police officer, and B civilian, they arrested and detained C without legal ground. A is liable for-s
A. Illegal detention B. Serious detention C. Arbitrary detention* D. Violation of domicile
23. In relation to #22, B is liable for-
A. Illegal detention B. Serious detention C. Arbitrary detention* D. Violation of domicile
24. Can a barangay chairman be guilty of arbitrary detention?
A. Yes, because he is a person in authority charge with peace and order*
B. No, because he is not member of police or NBI
C. Yes, only if the person is under his barangay
D. No, because that is not his main function
25. A police officer re‐ arrests a woman who had been released by means of verbal order of the judge. The police officer acted
without malice, but did not verify the order of release before proceeding to make the re‐arrest. He is liable for-
A. Arbitrary detention C. Unlawful arrest
B. Illegal detention D. Arbitrary detention through imprudence*
26. If the public officer who effected the arrest has no such authority to detain a person, what crime can he be made liable for?
A. Arbitrary detention C. Unlawful arrest
B. Illegal detention* D. Arbitrary detention through imprudence
27. For arbitrary detention to be committed under Art. 125, RPC, the officer was not able to file charges against the accused, if the
crime is punishable by light penalty, within the period of-
A. 6 hours B. 12 hours* C. 18 hours D. 36 hours
28. If a person is arrested pursuant to a warrant of arrest, within what period should a police officer turn over the arrested
person to the judicial authority, if the offense is grave in nature?
A. No time limit* B. 12 hours C. 18 hours D. 36 hours
29. Should the person arrested without a warrant opt to avail his right to a preliminary investigation, what must he execute?
A. Petition B. Motion C. Waiver* D. Affidavit
30. X, the mayor of City of Manila wanted to make the city free from prostitution. He ordered certain prostitutes to
be transfer to Davao, without observing due process. What is the crime committed by X?
A. Arbitrary detention B. Demolition C. Destierro D. Expulsion*
31. What crime is committed when a Filipino who, after voluntarily leaving the country, is illegally refused re-entry by a public offic
er?
A. Right to abode B. Expulsion* C. Illegal deportation D. Repatriation
32. Suppose the public officer is not authorized to execute search warrants and warrants of arrests, and enters the dwelling of
another without consent, what crime can he be liable for?
A. Violation of entry B. Violation of domicile* C. Trespass to dwelling D. Unlawful entry
33. If a public officer searches a person outside his dwelling, not armed with a search warrant or a warrant of arrest, what crime
did he commit?
A. Violation of entry B. Violation of domicile C. Trespass to dwelling D. Grave coercion*
34. Suppose, X, a suspected pusher lives in a condominium unit. Agents of the PDEA obtained a search warrant but the
name of person in the search warrant did not tally with the address indicated therein. Eventually, X was found but in a
different address. X resisted but the agents insisted on the search. Drugs were found and seized and X was prosecuted
and convicted by the trial court. Is the search valid-
A. Yes, because illegal contrabands were found anyway C. Yes, a search warrant has been issued against him
B. No, because X resisted on the search D. No, the search was different from the instruction of the search warrant*
35. A, B, C are leaders of the senior citizen meeting organized to secure orderly coordination with the DSWD. While the session is
on-going D, a member therein, shouted and interrupts the meeting. What crime did he commit?
A. Unjust vexation* C. Interruption of peaceful meeting
B. Dissolution of peaceful meeting D. Sedition
36. X, a private person, boxed a priest while the priest was giving homily in maligning his relative. X is liable for-
A. No crime is committed C. Serious physical injury
B. Interruption of religious worship D. Offending religious feeling*
37. The movement seeks merely to effect some change of minor
importance, or to prevent the exercise of governmental authority with respect of particular matters of subjects.
A. Rebellion B. Insurrection* C. Sedition D. Treason
38. On May 5, 1992, at about 6:00 a.m., while Governor Alegre of Laguna was on board his car traveling along the National
Highway of Laguna. Joselito and Vicente shot him on the head resulting in his instant death. At that time, Joselito and
Vicente were members of liquidation squad of the New People’s Army and they killed the governor upon orders of their
senior officer Commander Tiago. According to Joselito and Vicente, they were ordered to kill Governor Alegre because of his
corrupt practices. If you were the prosecutor, what crime did Joselito and Vicente commit?
A. Rebellion* B. Murder C. Rebellion with homicide D. Rebellion and murder
39. Is a swift attack upon the facilities of the Philippine government, military camps and installations, communication networks,
public utilities and facilities essential to the continued possession of governmental powers.
A. Rebellion B. Insurrection C. Sedition D. Coup d etat*
40. When the person who has decided to rise publicly and take arms against the government for any of the
purposes of rebellion, proposes its execution to some other person.
A. Rebellion B. Conspiracy to commit rebellion C. Insurrection D. Proposal to commit rebellion*
41. Rebellion is a-
A. Continuing crime* B. Delito complejo C. Delito compuesto D. Formal crime
42. Suppose murder is committed in the course of sedition, what is the proper charge against the accused?
A. Sedition C. Murder C. Sedition with murder D. Sedition and murder*
43. If there is conspiracy to commit sedition, is there also a crime of proposal to commit sedition?
44. Under the law on sedition, if words used tend to create a danger of public uprising, then those words could properly be
subject of penal clause, this rule is known as-
A. Clear and present danger rule C. Dangerous tendency rule*
B. Expost facto rule D. Clear and convincing rule
45. The 1987 Constitution exempts members of Congress
from arrest while Congress is in session for all offenses punishable by a penalty less than -
A. Prision mayor* B. Prision correctional C. Arresto mayor D. Reclusion perpetua
46. Suppose the illegal purpose for the gathering is for the commission of a crime punishable under special laws (i.e. the
gathering of drug lords to facilitate drug trafficking), what crime is committed?
A. Illegal assembly B. Sedition C. Illegal association* D. Organized crime group
47. Suppose the person in authority or the agent was killed when no longer performing official functions, what
crime was committed?
A. Direct assault B. Indirect assault C. Homicide* D. Quasi-delict
48. If A would attack and kill a policeman while engaged in the performance of his duties, that of maintaining peace and order
during a barangay fiesta, the crime would be –
A. Homicide with direct assault* B. Homicide only C. Direct assault only D. Homicide and direct assault
49. Any person who by direct provision of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and security of life and property.
A. Public official B. Person in authority C. Agent of person in authority* D. Government employee
50. Because of the approaching town fiesta in Gensohn City, a dance was held in Barangay Dimakita. A, the Barangay Captain,
was invited to deliver a speech to start the dance. While A was delivering his speech, B, one of the guests, went to the middle
of the dance floor making obscene dance movements, brandishing a knife and challenging everyone present to a
fight. A approached B and admonished him to keep quiet and not to disturb the dance and peace of the occasion. B,
instead of heeding the advice of A, stabbed the latter at his back twice when A turned his back to proceed to the microphone to
continue his speech. A fell to the ground and died. At the time of the incident A was not armed. What crime was committed?
A. Murder B. Murder with direct assault* C. Direct assault and murder D. Indirect assault and homicide
51. It means to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of
the objects of rebellion or sedition.
A. Sedition B. Incite C. Outcry* D. Charivari
52. If the offender discharges a firearm in a public place but the firearm is not pointed to a particular person when
discharged, the crime is-
A. Attempted homicide B. Alarm* C. Physical injury D. Illegal discharge
53. In relation to #52, if the firearm was directed to a particular person who was not hit if intent to kill is not proved, the crime is-
A. Attempted homicide B. Alarm C. Physical injury D. Illegal discharge*
54. In relation to #52, if the person was hit and if there is intent to kill.
A. Attempted homicide* B. Alarm C. Physical injury D. Illegal discharge
55. In relation to #52, if the person was hit and injured but there was no intent to kill.
A. Attempted homicide B. Alarm C. Physical injury* D. Illegal discharge
56. It is a mock serenade of discordant noises made of cans, pans, kettles, tins, horns etc. designed to annoy and insult. This
brings about the crime of alarms and scandals.
A. Sedition B. Public disturbance C. Outcry D. Charivari *
57. If A, pretending to be an NBI agent, asked the jailer of prisoner B to turn the latter over him on the pretext thathe (A) will
investigate the prisoner, but after several hours of drinking liquor with B in a store, returned the said prisoner to the
jailer, the crime of A is-
A. Giving assistance to escape C. Evasion of service of sentence
B. Delivering prisoners from jail* D. Infidelity to the custody of a prisoner
58. A jail guard who, while he was off duty, brought a released prisoner inside the jail to substitute for a detention
prisoner whom he brought out of jail, returning him inside the jail after five hours, will be held liable for-
B. Delivering prisoners from jail* D. Infidelity of the custody of a prisoner
59. In relation to #58, suppose the jail guard is on duty, what crime did he commit?
B. Delivering prisoners from jail D. Infidelity of the custody of a prisoner*
60. Suppose Michael was convicted of robbery and he is serving his sentence in Muntinlupa. Together with his friends, Sara, and
the jail warden Z, hatched the plan of escaping from the prison facility which eventually materialized. Determine the
criminal liability of Michael.
A. Giving assistance to escape C. Evasion of service of sentence*
B. Delivering prisoners from jail D. Infidelity of the custody of a prisoner
61. In relation to #60, what is the liability of Sarah?
B. Delivering prisoners from jail* D. Infidelity of the custody of a prisoner
62. In relation to #60, what is the liability of Z?
B. Delivering prisoners from jail D. Infidelity of the custody of a prisoner*
63. Suppose X, a prisoner convicted of theft was able to escape from the penal institution but only minutes after
the escape, he changed his mind prompting him to return to penal facility, is X liable for the crime
evasion of sentence?
A. Yes, consummated* B. Yes, frustrated C. Yes, attempted D. No crime is committed
64. If a prisoner is sentenced to destierro, can he be liable for the crime of evasion of service?
65. A foreigner was found guilty of violation of the law, and was ordered by the court to be deported. Later on, he
returned to the Philippines in violation of the sentence. Is he guilty of evasion of service of sentence?
66. A person gave a copper cent the appearance of silver coin, it being silver plated, and attempted to pay with it a
package of cigarettes which he bought at a store. What crime, if any, was committed?
A. Counterfeiting of coin B. Mutilation of coin C. Forgery D. Estafa*
67. The crime committed in relation to the instruments of credit and obligations and securities issued by the Philippine
Government of any banking institution authorized by the Philippine government to issue the same is-
A. Counterfeiting B. Mutilation C. Forgery* D. Estafa
68. Is possession of false treasury or bank notes alone enough to consummate the crime of use of false treasury bank notes?
69. In relation to #68, what crime did he commit?
A. Use of false treasury bank notes C. Illegal possession of false notes*
B. Counterfeiting D. Forgery
70. X caused the printing of the checks and directed the printer to incorporate therein the important details and wordings containe
d in checks regularly issued by a US government office. What crime did X commit?
A. Use of false treasury bank notes C. Illegal possession of false notes
B. Counterfeiting D. Forgery*
71. A received a treasury warrant, a check issued by the Government. It was originally made payable to B, or his
order. A wrote B’s name on the back of said treasury warrant as if B had indorsed it, and
then presented it for payment. It was paid to him. What crime did A commit?
A. Use of false treasury bank notes C. Illegal possession of false notes
B. Counterfeiting D. Forgery*
72. It is any written instrument by which a right is established or an obligation is extinguished, or
every deed or instrument executed by a person by which some disposition or agreement is proved, evidenced or set forth.
A. Affidavit B. Document* C. Paper works D. Instrument
73. Any instrument issued by the government or its agents/officers having authority to do so and the offices, which in
accordance with their creation, they are authorized to issue.
A. Public document B. Official document C. Private document D. Commercial document
74. Augustina filed a criminal complaint against Bernante forfalsification of public document because the
latter allegedly falsified leave forms. It was alleged that Bernante made it appear in his leave application that he was on forced
leave and on vacation leave on certain dates. In truth, Bernante was serving a 20‐ day prison term because of his
conviction of the crime of slight physical injuries. Bernante is liable for –
A. Falsification of document B. Forgery C. False testimony D. Not liable*
75. Is any other name which a person publicly applies to himself without authority of law.
A. Fictitious name * B. Pseudo name C. Surname D. Stage name
76. Is a declaration under oath of a witness in a judicial proceeding which is contrary to what is true, or to deny the same
or to alter essential truth.
A. Perjury B. False testimony* C. Falsification D. Forgery
77. Is the wilful and corrupt assertion of falsehood under oath or affirmation administered
by authority of law on a material matter.
A. Perjury* B. False testimony C. Falsification D. Forgery
78. Is any form of attestation by which a person signifies that he is bound in conscience to perform
an act faithfully and truthfully.
A. Affidavit B. Public instrument C. Oath* D. Assertion
79. It refers to the act of a person of procuring a false witness to testify and thereby commit perjury It is the act of the procurer.
A. False testimony B. Falsification of document C. Forgery D. Subordination of perjury*
80. It is a privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive
right or power to carry on a particular article or control the sale or the whole supply of a particular commodity.
A. Monopoly* B. Inside trading C. Money laundering D. Unfair competition
81. Consists in employing deception or any other means contrary to good faith by which any person shall pass off thegoods
manufactured by him or in which he deals, or his business, or services for those one having established goodwill or
committing any act calculated to produce the result.
A. Monopoly B. Inside trading C. Money laundering D. Unfair competition*
82. Are those who loiter around public or private places without any visible means of support
but who are physically able to work and without any lawful purpose.
A. Loitering B. Vagrants* C. Beggars D. Delinquents
83. When a person is apprehended loitering inside an estate belonging to another, and if the estate is fenced where there is a
clear prohibition against entering, but the offender entered without the consent of the owner, the crime is-
A. Trespassing* B. Attempted theftC. Vagrancy D. Violation of domicile
84. In relation to #83, if the estate is fenced and the offender entered the same to hunt therein or fish from any waters
therein or to gather any farm products therein without the consent of the owner or overseer thereof, the offense is-
A. Trespassing B. Attempted theft* C. Vagrancy D. Violation of domicile
85. In relation to #83, if the estate is not fenced or there is no clear prohibition against entering.
A. Trespassing B. Attempted theft C. Vagrancy* D. Violation of domicile
86. When a public officer performs official acts in the manner not in accordance with what the law prescribes.
A. Malfeasance B. Misfeasance* C. Nonfeasance D. Moonlighting
87. When a public officer wilfully refrains or refuses to perform an official duty which his office requires him to
perform.
A. Malfeasance B. Misfeasance C. Nonfeasance* D. Moonlighting
88. When a public officer performs in his public office an act prohibited by law.
A. Malfeasance* B. Misfeasance C. Nonfeasance D. Moonlighting
89. It is one issued by the court deciding a collateral or incidentalmatter; it is not a final determination of the issues
of the action or proceeding.
A. Appeal B. Motion C. Interlocutory order* D. Overrule
90. Who can be liable for dereliction of duty in the prosecution of offenses?
A. Law enforcers B. Prosecutors* C. Court-judges D. Jail officers
91. If a police officer tolerates the commission of a crime or otherwise refrains from apprehending the offender, is he liable for dereli
ction of duty?
92. When a public officer regardless of his duty violates the oath/of his office by not carrying out the duties of his office for
which he was sworn to, thus, amounting to dereliction of duty.
A. Dereliction B. Charivari C. Unjust interlocutory order D. Prevaricacion*
93. A person who had some practical knowledge of law and procedure, but not a lawyer, and was permitted to
represent a party in a case before an inferior court.
A. Counsel de officio B. Counsel de parte C. Procurador judicial* D. Amicus curiae
94. Is the crime of the public officer who receives a gift, present, offer or promise by reason
or in connection with the performance of his official duties. It is a crime of the receiver
A. Bribery* B. Graft and corruption C. Plunder D. Corruption of public officer
95. In relation to #94, what is the crime of the giver?
A. Bribery B. Malversation C. Plunder D. Corruption of public officer*
96. If a court stenographer, in consideration of a gift or present or even a promise, agrees with the accused to alter the
notes taken by him during the trial to make it appear that the witness testified favorably to the accused,
when in truth, his testimony was adverse to him, said stenographer is guilty of-
A. Bribery* B. Malversation C. Plunder D. Corruption of public officer
97. The Secretary of the Municipal Mayor who was under instruction to receive the application of awards in the municipality’s
public market for only ten persons there being only ten stalls that could be leased, and in consideration of some money
received from the eleventh applicant, making it appear that his application was the tenth is guilty of-
A. Corruption of public officer B. Direct bribery* C. Indirect bribery D. Qualified bribery
98. A police traffic officer who, in consideration of gift received or promise offered by a taxi driver who beat the
red light, refrains from issuing a TVR and from confiscations the driver’s license when it is his duty to do so,
commit the crime of-
A. Corruption of public officer B. Direct bribery* C. Indirect bribery D. Qualified bribery
99. A gave X, a public officer, money to alter the entry in the registry of the Land Registration Authority. What crime was
committed by A?
A. Bribery B. Malversation C. Plunder D. Corruption of public officer*
100.Suppose the public official accepted the consideration and turned it over to his superior as evidence of corruption, what
is the crime committed?
A. Attempted bribery B. Attempted malversation C.Attempted indirect bribery D. Attempted corruption of public officer*
101.Demanding, directly or indirectly, the payment of sums different or larger than those authorized by law, the officer is
liable of-
A. Fraud B. Malversation C. Illegal exaction* D. Technical malversation
102.A tax collector who collected a sum larger than that authorized by law spent all of them is guilty of –
A. Illegal exaction and malversation C. Malversation
B. Illegal exaction* D. Illegal exaction with malversation
103.In relation to #2, suppose the money is refunded on the same day it was misappropriated, is malversation committed?
104.A Municipal Treasurer, accountable for public funds or property, encashed with public funds private checks drawn
in favor of his wife. The checks bounced, the drawer not having enough
cash in the drawee bank. The Municipal Treasurer, in encashing private checks from public funds,
violated regulations of his office. Notwithstanding restitution of the amount of the check. What crime did he commit?
A. Fraud B. Malversation C. Illegal exaction* D. Bribery
105.Instead of applying it to the public purpose for which the fund or property was already appropriated by law, the public
officer applied it to another purpose.
A. Malversation B. Illegal exaction C. Technical malversation* D. Fraud
106. AA was designated custodian of the distrained property of JJ by the BIR. He assumed the specific
undertakings which included the promise that he will preserve and the equipment. Subsequently, he
reported to the BIR that JJ surreptitiously took the distrained property. Did AA become a public
officer by virtue of his designation as custodian of distrained property by the BIR?
107.Hitting a prisoner by a latigo even if the purpose is to instil discipline is not authorized by law and
constitutes violation of
A. Physical injury B. Maltreatment of prisoner* C. Torture D. Dereliction of duty
108.If the public officer would order the prisoner to do so from morning up to late evening without any food, then this article is
involved, as he inflicted such authorized punishment in a cruel and humiliating manner, he is liable of-
A. Physical injury B. Maltreatment of prisoner* C. Torture D. Dereliction of duty
109.If the public officer who maltreated the prisoner is not charged with the custody of such prisoner, what crime is he
responsible for
A. Physical injury* B. Maltreatment of prisoner C. Torture D. Dereliction of duty
110.If a police officer maltreats a person after the latter’s arrest but before confinement, the offense is –
A. Physical injury* B. Maltreatment of prisoner C. Torture D. Dereliction of duty
111.It includes any person, firm, association, corporation or partnership or other organization who/which commits the act of
fencing.
A. Fence* B. Fencing C. Anti-fencing D. PD 1612
112.Jurisdiction of the crime of fencing is in the-
A. Court of the place where the property was stolen C. Court of the place where the thing was recovered
B. Court of the place where the thing is sold* D. Court of the place where the accused was arrested
113.Fencing by nature is classified as-
A. Crime mala inse B. Crime mala prohibita* C. Property crime D. Continuing crime
114.During a town fiesta, A, the chief of police, permitted B, a detention prisoner and his compadre, to leave the municipal jail and
entertain visitors in his house from 10:00 am to 8:00 pm. B returned to the municipal jail at 8:30 pm. Was there any crime
committed by A?
A. Delivering prisoners from jail C. Dereliction of duty
B. Evasion of service of sentence D. Infidelity of the custody of a prisoner*
115.Dencio, who is the Municipal Treasurer of the town, was also the treasurer of a charity ball of the church. Because he was short
of payroll funds for the municipal employees, he used part of the church funds to replenish the payroll funds. Suppose he was
not able to return the funds, he is liable for-
A. Malversation B. Technical malversation C. Illegal exaction D. Estafa*
116.A, who is the private complainant in a murder case pending before a Regional Trial Court judge, gave a judge a Christmas gift,
consisting of big basket of assorted canned goods and bottles of expensive wines, easily worth P10, 000.00. The judge accepted
the gift knowing it came from A. What crime did he commit?
A. Direct bribery B. Indirect bribery* C. Qualified bribery D. Corruption of officers
117.During a PNP buy-bust operation, Cao Shih was arrested for selling 20 grams of methamphetamine hydrochloride (shabu) to a
poseur-buyer. Cao Shih, through an intermediary, paid Patrick, the Evidence Custodian of the PNP Forensic Chemistry Section,
the amount of P500, 000 in consideration for the destruction by Patrick of the drug. Patrick managed to destroy the drug.
Patrick is liable for-
A. Direct bribery B. Indirect bribery C. Qualified bribery* D. Corruption of officers
118.Pia, a bold actress living on top floor of a plush condominium in Makati City sunbathed naked at its penthouse every Sunday
morning. She was unaware that the business executives holding office at the adjoining tall buildings reported to office every
Sunday morning and, with the use of powerful binoculars, kept on gazing at her while she sunbathed. Eventually, her
sunbathing became the talk of the town. What crime, if any, did Pia commit?
A. Grave scandal B. Acts of lasciviousness C. Public scandal D. No crime was committed*
119.Andrea signed her husband’s name in endorsing his treasury warrants which were delivered to her directly by the district
supervisor who knew that her husband had already died, and she used the proceeds to pay for the expenses of her husband’s
last illness and his burial. She knew that her husband had accumulated vacation and sick leaves the money value of which
exceeded that value of the three treasury warrants, so that the government suffered no damage. Andrea’s appeal is based on her
claim of absence of criminal intent and of good faith. Is she liable for any crime?
A. No crime is committed C. Forgery B. Falsification of private documents D. Falsification of public documents*
120.Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What crime or crimes did he
commit? A. Coup d etat* B. Illegal possession of firearms C. Rebellion D. Insurrection
1. Suppose M, a Muslim, who has three wives, killed the third. Is he liable for parricide?
2. If a person wanted to kill a stranger but by mistake he killed his own father, what crime did he commit?
A. Impossible crime C. Parricide*
B. Reckless imprudence resulting in parricide D. Homicide
3. If a person killed his/her 5 years old adopted child, the crime would be-
A. Murder* B. Homicide C. Parricide D. Infanticide
Problem: A killed:
1. A woman with whom he lived without the benefit of clergy
2. Their child who was only two days old
3. Their daughter; and
4. Their 10 years old adopted son
4. Refer to problem #1, what crime did he commit?
A. Homicide* B. Murder C. Parricide D. Infanticide
A. Homicide B. Murder C. Parricide D. Infanticide *
A. Homicide B. Murder C. Parricide* D. Infanticide
A. Murder* B. Homicide C. Parricide D. Infanticide
8. The following are crimes committed under Art. 247, except:
A. Parricide B. Homicide C. Murder* D. Physical injury
9. A bar examinee, who killed the paramour of his wife in a mahjong session, an hour after he had surprised
them in the act of sexual intercourse in his house, since at that time, he had to run away and get a gun as
the paramour was armed, is liable of-
A. Homicide B. Murder C. Parricide D. Destierro*
10. A and B are husband and wife. A is employed as a security guard at Landmark, his shift being from 11:00 p.m.
to 7:00 a.m. One night, he felt sick and cold, hence, he decided to go home around midnight after getting permission
from his duty officer. Upon reaching the front yard of his home, he noticed that the light in the master bedroom was on and
that the bedroom window was open. Approaching the front door, he was surprised to hear sighs and giggles inside the
bedroom. He opened the door very carefully and peeped inside where he saw his wife B having sexual intercourse with their
neighbor C. A rushed inside and grabbed C but the latter managed to wrest himself free and jumped out of the window. A
followed suit and managed to catch C again and after a furious struggle, managed also to strangle him to death. A then
rushed back to their bedroom where his wife B was cowering under the bed covers. Still enraged, A hit B with fist blows
and rendered her unconscious. The police arrived after being summoned by their neighbors and arrested A who was
detained, inquested and charged for the death of C and serious physical injuries of B. Is A liable for C’s death?
A. Yes, for homicide B. Yes, for destierro* C. No, he is exempted D. No, his act is justified
11. In relation to #10, is A liable to B’s injury?
A. Yes, for serious physical injury B. Yes, for destierro* C. No, he is exempted D. No, his act is justified
12. When the offender commits any of the crimes against the person employing
means, methods or forms in the execution thereof that tend directly and especially to insure its
execution without risk to himself arising from the defense which the offended party might make, there is-
A. Cruelty C. Evident premeditation
B. Treachery* D. Taking advantage of superior strength
13. The killing of a child of tender age is murder qualified by __________ because of the weakness of the child due to his tender
age results in the absence of any danger to the aggressor.
A. Cruelty C. Evident premeditation
B. Treachery* D. Taking advantage of superior strength
14. What is the crime committed if the person is killed with fire?
A. Murder* B. Arson C. Reckless imprudence resulting in homicide D. Arson with homicide
15. A and B to enhance further merriment, poured gas on the
cloth of a mental retardate who continued dancing while his cloth is on fire to the delight of the crowd gathered, the victim
died as a result. What crime did they commit?
A. Murder B. Arson C. Reckless imprudence resulting in homicide* D. Arson with homicide
16. A, a 76 year old woman, was brought to the hospital in coma with slight cerebral hemorrhage. An endotracheal tube was
inserted in his mouth to facilitate her breathing. B, a hospital janitor, who had no business in the emergency room, for
reasons known only to him, removed the plaster holding the tube in place. A doctor saw him and told him to get out of the
room. The plaster was replaced. But when the doctor was gone, B came back and removed the tube. The victim started to
convulse and bleed in the mouth. Only the timely arrival of the nurse prevented the patient’s death. The patient was then
transferred to another hospital where she died the next day of cardiorespiratory arrest. What crime if any did B commit?
A. Murder* B. Homicide C. Reckless imprudence resulting in homicide D. No crime was committed
17. Is intent to kill need to be established in homicide cases?
18. If a boxer is killed by his opponent in a boxing bout duly licensed by the government without any violation of
the governing rules and regulations, is the opponent boxer liable?
A. Yes, for homicide B. Yes, for reckless imprudence C. Not liable D. Neither of the above
19. A, the father of B. The former killed the 10 years old illegitimate son of the latter, what crime was committed?
A. Homicide B. Murder* C. Infanticide D. Parricide
20. Suppose several assailants not acting in conspiracy inflicted wounds on the victim, but it cannot be determined who
inflicted which wounds, which caused the death of the victim, who should be guilty for the crime of homicide?
A. All of them guilty of homicide* C. All of them guilty of murder
B. All of them guilty of tumultuous affray D. None
21. If the quarrel or rumble involving organized groups resulted in the death of a person and it
cannot be identified who in particular committed the killing, what crime was committed?
A. Homicide* B. Murder C. Death by tumultuous affray D. None
22. Suppose the intention A is not to commit suicide, as when he just wanted to have a picture taken of him to impress upon the
world that he is committing suicide because he is not satisfied of the government, what is the crime committed by the
person giving assistance to facilitate the said act?
A. Giving assistance to suicide B. Death by tumultuous affray C. Sedition D. Inciting to sedition*
23. What is the liability of the person attempting to commit suicide should he survive?
A. Suicide B. Scandal C. Giving assistance of suicide D. None*
24. If the child is born dead, what is the liability of the mother?
A. Parricide B. Abortion C. Infanticide D. None*
25. Suppose the child is abandoned without any intent to kill and death results as a consequence, what crime is
committed?
A. Homicide B. Parricide C. Infanticide D. Abandonment*
26. Suppose the mother as a consequence of abortion suffers death or physical injuries, what crime is committed?
A. Murder B. Abortion C. Murder with abortion* D. Murder and abortion
27. If A pointed a gun at a pregnant lady, who became so frightened, causing her abortion, is liable for unintentional
abortion?
28. If A shouted at a pregnant lady, “hoy pangit” ,who became so mad, causing her abortion, is liable for unintentional
abortion?
29. Suppose a quarrel ensued between a husband and a wife who was pregnant at that time. Violence was
resorted to by the husband which resulted to abortion and death of his wife, what is the crime committed?
A. Parricide with abortion C. Parricide with intention abortion
B. Parricide with unintentional abortion* D. Parricide and abortion
30. Suppose a quarrel ensued between two women, X and Y,who is then two months
pregnant. X has no knowledge that Y is pregnant and being a sports buff that she is, gave Y a hard blow on the stomach.
As a resultY had an abortion. Is X liable for unintentional abortion despite her lack of knowledge of Y’s pregnancy?
31. Suppose a pregnant woman decided to commit suicide by jumping out of the window of the building but landed on a
passerby, she did not die but abortion followed. Is she liable for unintentional abortion?
32. Suppose abortion is resorted to save the life of the mother, is the physician liable for abortion under Art. 259
33. Suppose the abortion was performed by a physician without medical necessity to warrant
such abortion and the woman or her husband had consented. Is the physician liable for abortion under Art. 259?
34. If the accused and the deceased, after a verbal heated argument in the bar, left the place at the same time and
pursuant to their agreement, went to the plaza to fight each other to death with knives which they bought
on the way. What crime did the accused commit?
A. Duel B. Homicide* C. Murder D. None
35. Is the lopping or the clipping off of some parts of the body which are not susceptible to growth again.
A. Serious physical injury B. Less serious physical injury C. Mutilation* D. Castration
36. In relation to #35, suppose there is no intent to deprive the victim of the particular part of the body, what is the crime
committed?
A. Serious physical injury* B. Less serious physical injury C. Mutilation D. Castration
37. The following are means of committing the crime of serious physical injuries committed, except one: W A B A
A. Wounding B. Beating C. Stabbing* D. Assaulting
38. When the injured person becomes ill or incapacitated for labor for more than 30 days as a result of the injury inflicted against
him, the crime would be-
A. Serious physical injury* B. Less serious physical injury C. Slight physical injury D. Mutilation
39. The nature of physical injuries is-
A. Material B. Formal* C. Continuing D. Continued
40. If the offender repeatedly uttered “I will kill you” but he only keeps on boxing the offended party and injuries resulted, what
crime was committed?
A. Attempted homicide B. Frustrated homicide C. serious physical injury* D. mutilation
41. If the loss of teeth is visible and impairs the appearance of the injured party, it constitutes disfigurement and results to
physical injury. What if there is loss of molar tooth, what crime is committed?
A. Serious physical injury C. Less serious physical injury
B. Slight physical injury* D. Mutilation
42. In relation to #41, there is loss of permanent front tooth, the crime would be-
A. Serious physical injury* C. Less serious physical injury
B. Slight physical injury D. Mutilation
43. In relation to #41, there is loss of milk front tooth, the crime would be-
44. X threw acid on the face of Y and were it not for the timely medical attention, a deformity would
have been produced on the face of Y. After the plastic surgery, Y became more handsome than before the injury. The
crime would be-
A. Serious physical injury* C. Less serious physical injury
B. Slight physical injury D. No crime
45. If the purpose of the injury is to lop or clip off some part of the body so as to deprive the offended party of such part of the
body, the crime would be-
B. Slight physical injury D. Mutilation*
46. Offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or shall require
medical attendance for the same period of time, the crime would be-
A. Serious physical injury C. Less serious physical injury*
B. Slight physical injury D. Mutilation
47. In the absence of proof as to the period of the offended party’s incapacity for labor or required medical
attendance, as the result of the injury sustained, the offense committed is-
48. Ill‐ treatment of another by deed without causing any injury , the crime would be-
A. Unjust vexation B. Slander by deed C. Slight physical injury* D. Simple slander
49. A disagreement ensued between Cindy and
Carina which led to a slapping incident. Cindy gave twin slaps on Carina’s beautiful face. What crime was committed by Cindy
if the slapping was done to cast the dishonor to the person slapped.
A. Unjust vexation B. Slander by deed* C. Slight physical injury D. Simple slander
50. In relation to #49, if the slapping was done without the intention of casting dishonor, or to humiliate or embarrass the offended
party out of a quarrel or anger.
A. Unjust vexation B. Slander by deed C. Slight physical injury* D. Simple slander
51. In relation to #49, if the slapping was just for fun by the offender, which caused irritation on the part of the offended party, the
crime would be-
A. Unjust vexation* B. Slander by deed C. Slight physical injury D. Simple slander
52. In the crime of penile rape, the offender is a male and the victim is-
A. Female* B. Adult C. Minor D. Any person
53. In the crime of sexual assault, if the offender is male, the victim is-
A. Female B. Adult C. Minor D. Any person*
54. In the crime of statutory rape, the victim should be a-
A. Female B. Adult C. Minor * D. Any person
55. Under RA 8353, or the New Rape Law, rape is classified as-
A. Crime mala prohibita B. Crime mala inse* C. Continuing crime D. Material crime
56. Is there a crime of frustrated rape?
57. When the woman is under 12 years of age or is demented, sexual intercourse with her with her consent, the man is –
A. Liable * B. Not liable C. It depends D. May be or may not be
58. What is the effect of classifying the crime of rape from crimes against chastity into a crime against person, rape becomes-
A. Material B. Formal C. Public* D. Private
59. Is there a crime of impossible rape?
60. Geronimo, a teacher, was tried and convicted for 12 counts of rape for the sexual assault, he, on several occasions,
committed on one of his students by inserting his penis in the victim’s mouth. On appeal, Geronimo contends that
the acts complained of do not fall within the definition of rape as defined in the RPC, particularly that rape is a crime
committed by a man against a woman. Is Geronimo’s contention correct?
61. A forcibly brought B to a vacant lot and had a coitus against her will, the offender knew of the pregnancy of the B at the time
of carnal knowledge. What crime A commit?
A. Rape B. Qualified rape* C. Seduction D. Abduction
62. The offended woman in a rape case pardon the offender through a subsequent valid marriage, the effect of which would
A. Extinction of criminal liability* C. Does not affect the criminal liability
B. Only the civil liability is extinguished D. None of the above
63. Under the new law, the husband may be liable for rape, if his wife does not want to have sex with him, and that is called-
A. Statutory rape B. Coitus C. Incestuous rape D. Marital rape*
64. It refers to rape committed by an ascendant of the offended woman.
A. Statutory rape B. Coitus C. Incestuous rape* D. Marital rape
65. Does the absence of signs of external physical injuries signify lack of resistance on the part of the rape victim?
66. If the girl is 12 years of age, have sexual contact with a man, 21 years old with consent. The man is liable for-
A. Statutory rape B. Abduction C. Seduction* D. Acts of lasciviousness
67. Suppose as 31 year old retardate with mental capacity of a 5‐year old was raped, what is the crime committed?
A. Statutory rape* B. Simple rape C. Incestuous rape D. Marital rape
68. Is medical examination an indispensable element in the prosecution of rape?
69. If on the occasion or by reason of rape, the victim died, what is the crime committed?
A. Rape B. Homicide C. Rape with homicide D. Rape and homicide
70. When the offender has no intention to lie with the offended woman. The intention is merely to satisfy lewd design, the crime
would be-
A. Attempted rape B. Consummated rape C. Seduction D. Acts of lasciviousness*
71. If a woman is transported from one place to another by virtue of restraining her of her liberty and
that act is coupled with lewd designs, the would be-
A. Forcible abduction* C. Kidnapping with serious illegal detention (KASID)
B. Grave coercion D. Arbitrary detention
72. If a woman is transported just to restrain her liberty. There is no lewd design or intent.
A. Forcible abduction B. KASID* C. Grave coercion D. Arbitrary detention
73. If a woman is carried away just to break her will, to compel her to agree to demand or request by the offender.
A. Forcible abduction B. KASID C. Grave coercion* D. Arbitrary detention
74. If the victim was not kidnapped or taken away but was restrained and deprived of his liberty, like in the case of a
hostage incident where the accused, who was one of the occupants of the house, grabbed a child, poked a knife on the latter’s
neck, called for media people and demanded a vehicle from the authorities which he could use in escaping, the proper charge
would be- A. Forcible abduction B. KASID C. Grave coercion D. Serious illegal detention*
75. What is the crime if a 3 year old boy was kidnapped, gagged and hidden in a box where it died and offender asked for
ransom? A. Murder* B. Kidnapping C. Serious illegal detention D. Qualified kidnapping
76. Committed by a private person who kidnaps, detains or otherwise deprives another of his liberty.
A. Forcible abduction B. KASID* C. Grave coercion D. Arbitrary detention
77. Committed by a public officer who detains a person without legal grounds.
A. Forcible abduction B. KASID C. Grave coercion D. Arbitrary detention*
78. Suppose a group of men kidnapped 3 Chinese children for the purpose of extorting ransom from their parents.
Because the parents of the kidnapped victims were not able to meet the conditions by the kidnappers, they killed
the victims. What crime was committed?
A. Kidnapping B. Murder C. Kidnapping with homicide* D. Kidnapping and murder
79. Where after taking the victim with her car, the accused called the house of the victim asking for ransom
but upon going to their safe-house saw several police cars chasing them, prompting them to kill their victim
inside the car, the crime would be-
A. Kidnapping B. Murder C. Kidnapping with homicide D. Kidnapping and murder*
80. Suppose the persons killed on the occasion of kidnapping are other persons, not the victims themselves, the crime would
A. Kidnapping B. Murder C. Kidnapping with homicide D. Kidnapping and murder*
81. Suppose the taking of the victim is only incidental to the basic purpose to kill, what is the crime committed?
A. Kidnapping B. Murder* C. Kidnapping with homicide D. Kidnapping and murder
82. Suppose the kidnapped victim disappeared, will such disappearance negate or excuse criminal liability of the kidnappers?
83. Is the money, price or consideration paid or demanded for the redemption of a captured person or persons, the
payment of which releases them from captivity. This is true even though what is being demanded is due to the
offender such as debt or rent.
A. Wergild B. Blood money C. Ransom* D. Token
84. In cases of kidnapping, what is the liability of the person who furnished the place where the victim is being held?
A. Same as to the principal* B. Same as to the accomplice C. Same as to the accessory D. Conspirator
85. In cases of kidnapping, what is the participation of the person who furnished the place where the victim is being held?
A. Principal B. Accomplice * C. Accessory D. Conspirator
86. If the arrest is made without a warrant and under circumstances not allowing a warrantless arrest, the crime would be
A. Unlawful arrest* C. Arbitrary detention under Art 124
B. Illegal detention D. Arbitrary detention under Art. 125
87. If the person arrested is not delivered to the authorities, the private individual making the arrest incurs criminal liability
for-
A. Unlawful arrest C. Arbitrary detention under Art 124
B. Illegal detention* D. Arbitrary detention under Art. 125
88. If the detention or arrest is for a legal ground, but the public officer delays delivery of the person arrested to the
proper judicial authorities, the crime is-
A. Unlawful arrest C. Arbitrary detention under Art 124
B. Illegal detention D. Arbitrary detention under Art. 125*
89. Where the father and mother are living separately, and the custody of the minor child has been given to
one of them, the other parent who kidnaps such minor child from the one having the lawful custody of
said child or induces such minor to leave, is liable for-
A. Kidnapping C. illegal detention
B. Inducing a minor to abandon his home* D. No crime because he is a parent
90. Failing to render assistance to any person whom the offender finds in an inhabited place wounded or in
danger of dying when he can render such assistance without detriment to himself, is liable for-
A. Abandonment of the victim C. Abandonment of person
B. Failure to render assistance D. No crime was committed*
91. A, hired assassin, shot B, and when about to leave the scene, saw the watch of B and forcibly took the same. A, with a gun in h
is hand, shot to death B, who was trying to get back the watch. What crime was committed?
A. Robbery with homicide* B. Robbery with murder C. Robbery and murder D. Homicide with theft
92. In relation to #91, if he fire his gun upward to scare B from pursuing the latter’s intention to recover the watch, and fatally
hit C who was watching from his window. What is the crime committed?
A. Robbery with homicide* C. Robbery with murder
B. Robbery and murder D. Robbery with reckless imprudence resulting in homicide
93. By title, the crime of robbery with rape is a-
A. Crime against person C. Crime against property*
B. Crime against public order D. Crime against liberty
94. By nature, the crime robbery with rape is-
A. Formal crime C. Complex crime
B. Special complex crime* D. Compound crime
Problem: Together XA, YB and ZC planned to rob Miss OD. They enter her house by breaking one of the windows in her
house. After taking her personal properties and as they were about to leave, XA decided on impulse to rape OD. As XA
was molesting her, YB and ZC stood outside the door of her bedroom and did nothing to prevent XA from raping OD.
95. What crime did XA commit?
A. Robbery B. Rape C. Robbery with rape* D. Robbery and rape
96. In relation to the above problem, what crime did YB and ZC commit?
A. Robbery B. Rape C. Robbery with rape* D. Robbery and rape
97. Suppose a gang robbed a mansion in Forbes Park. On the occasion of the robbery, serious physical injuries were inflicted
on the household members. The crime would be-
A. Robbery C. Serious physical injury
B. Robbery with serious physical injury* D. Robbery and serious physical injury
98. Suppose in the occasion of the robbery only less serious injury was committed, the crime would be-
A. Robbery C. Less serious physical injury
B. Robbery with less serious physical injury D. Robbery and less serious physical injury*
99. Suppose in the occasion of the robbery only slight physical injury was committed, the crime would be-
A. Robbery* C. Slight physical injury
B. Robbery with slight physical injury D. Robbery and slight physical injury
100.In relation to #97, the robbers also detained the children to compel their parents to come out with the money. The crime would
A. Robbery C. Serious illegal detention
B. Robbery with serious physical injury D. Robbery with serious physical injury and serious illegal detention*
101.Snatching money from the hands of the victim and pushing her as a result of which her skirt was
torn and she fell on the ground, the crime would be-
A. Theft only B. Robbery* C. Grave coercion D. Light coercion
102.Is a crime of depredation wherein the unlawful acts are directed not only against specific, intended or
preconceived/victims, but against any and all prospective victims anywhere on the highway and
whoever they may potentially be.
A. Robbery by a band B. Bandits C. Brigandage* D. Simple robbery
103.While the car of A was parked outside his house at night, B together with C approached the vehicle, with force upon things they
smashed the windshield of the vehicle, entered therein and took valuable items therein. What crime did they commit?
A. Robbery with intimidation B. Robbery with force upon things C. Theft* D. Damage to property
104.Can there be a crime of frustrated theft?
105.In theft, is it required for the thief to be able to carry away the thing taken from the owner?
106. Mario found a watch in a jeep he was riding, and since it did not belong to him, he approached police-
man P and delivered the watch with instruction to return the same to whoever may be found to be the owner. P failed to
return the watch to the owner and, instead, sold it and appropriated for himself the proceeds of the sale. Charged with
theft, P reasoned out that he cannot be found guilty because it was not he who found the watch and moreover, the watch
turned out to be stolen property. Here the policeman is considered as-
A. Finder in fact B. Finder in law* C. De jure D. De facto
107.In relation to #106, Mario is- A. Finder in fact* B. Finder in law C. De jure D. De facto
108.In relation to #106, is the policeman liable?
A. Yes of theft* B. Yes of estafa C. Yes of malversation D. No crime, since stolen
109.When the accused deceived the complainants into believing that there were indeed jobs waiting for
them in Taiwan, and the latter sold their carabaos, mortgaged or sold their parcels of land and even
contracted loans to raise the P40,000.00 placement fee required of them by the accused, the assurances given by the latter
made the complainants part with whatever resources they had, the would be-
A. Malversation B. Technical malverastion C. Illegal exaction D. Estafa*
110.A induced an illiterate owner who was desirous of mortgaging his property for a certain amount, to
sign a document which he believed was only a power of attorney but in truth it was a deed of sale. A is liable for-
A. Estafa* B. Falsification C. Forgery D. Perjury
111. If A issued a check in favor of B for a debt he has incurred a month ago, there after the check was dishonored by the bank
for insufficiency of funds, the crime would be-
A. Estafa B. BP 22* C. Forgery D. Perjury
112.If A told B to deliver to him P10,000 and he (A) would issue in his favor a check in the sum of
P11,000 as it was a Sunday and A needed the cash urgently, and B gave his P10,000 having in
mind the profit of P1,000 when he encashes the check on Monday and the check bounced when deposited, A
can be held liable for
A. Estafa* B. BP 22 C. Forgery D. Perjury
113.When a lawyer, pretending to verify a certain pleading in a case pending before a
court, borrows the folder of the case, and removes or destroys a document which constitutes
evidence in the said case, said lawyer is guilty of-
A. Estafa* C. Falsification C. Forgery D. Malicious mischief
114.If A borrowed the bicycle of B with the promise to turn the same in the next day, A did not return the bicycle but sold it to C, A
is guilty of-
A. Theft B. Estafa* C. Malicious mischief D. Misappropriation
115.Nestor was had an argument with his live- in partner, Honey concerning their son. During their heated discussion, Nestor
intimated to Honey his desire to have sex with her but the same was thwarted. Frustrated and incensed, Nestor set fire
on both the plastic partition of the room and Honey’s clothes in the cabinet. After realizing what he did, Nestor attempted
to put out the flames but it was too late. This resulted to the burning of their homeand the other neighboring houses.
Nestor is guilty of-
A. Simple arson* B. Destructive arson C. Unintentional arson D. Malicious mischief
116.Is the willful damaging of another’s property by any act not constituting arson or crimes of
destruction due to hate, revenge or mere pleasure of destroying.
A. Simple arson B. Destructive arson C. Unintentional arson D. Malicious mischief*
117.Bruno was mad because his step-daughter came home late. He then got the school things of the girl, poured gasoline and set on
fire. Bruno is liable for-
A. Simple arson* B. Destructive arson C. Unintentional arson D. Malicious mischief
118.Suppose in #117, the school things were just thrown into the river thereby losing them and were not recovered anymore, is
Bruno criminally liable?
A. Yes, destruction of property C. Yes, malicious mischief
B. Yes, child abuse D. No criminal liability at all*
119.Ana married to Berto, while Berto was in the sea, fishing boat, Ana and Carlo had sexual intercourse twice. It was known to
Carlo that Ana is already married. Ana and Carlo are guilty of-
A. Adultery B. Two counts of adultery* C. Concubinage D. Bigamy
120.In relation to #119, suppose Berto had no knowledge that Ana is married, is he liable –
121.In relation to #119, suppose Ana was pardoned by Berto upon his arrival, what is the effect of such pardon to the criminal
liability of Carlo?
A. No effect B. Extinguish his liability * C. Do not extinguish his liability D. He will be tried alone
122.Mario, a married man, was charged of concubinage by his wife of keeping a mistress in the conjugal dwelling. Mario defended
that there would be no concubinage because in fact and in truth there was no sexual intercourse occurred during the 3 months
stay of the concubine. Is Mario’s defense tenable?
A. Yes, sexual intercourse must be proved C. No, there is no need to prove that coitus occurred*
B. Either of the above D. Neither of the above
123.When the accused not only kissed and embraced the complainant but also fondled her breast with
particular design to independently derive vicarious pleasure therefrom, the accused is guilty of-
A. Seduction B. Abduction C. Acts of lasciviousness* D. Attempted rape
124.When the accused lifted the dress of the offended party, and placed himself on top of her but the woman awoke and
screamed for help and despite that, the accused persisted in his purpose, tearing the drawers, kissing and fondling her
breasts, the crime is –
A. Seduction C. Abduction C. Acts of lasciviousness D. Attempted rape*
125. Is committed by enticing a woman to unlawful sexual intercourse by promise of marriage or other
means of persuasion without use of force.
A. Seduction* B. Abduction C. Acts of lasciviousness D. Attempted rape
126.Where the complainant who is 16 years old lives in the same house where the accused, her uncle, also lives, had sexual
intercourse with her with consent. The uncle is guilty of-
A. Simple seduction C. Qualified seduction* C. Statutory rape D. Consented abduction
127. The victim of seduction must be virgin, but when the accused claims he had prior sexual intercourse with the
complainant. Can there still be seduction?
128.It is he who offers women to pleasure seekers for the satisfaction of their lustful desires. He is considered as-
A. Handler B. Collector C. Pimp* D. Broker
129. Is the taking away of a woman from her house or the place where she may be for the
purpose of carrying her to another place with intent to marry or to corrupt her.
A. Simple seduction B. Qualified seduction C. Kidnapping D. Abduction*
130.If the accused carried or took away the victim by means of force and with lewd design and thereafter raped her, the crime
A. Kidnapping B. Forcible abduction C. Rape D. Forcible abduction with rape*
131.In relation to #130, suppose there were subsequent 2 other sexual intercourses committed against the will of the
complainant, the crime would be-
A. Qualified seduction C. Forcible abduction with rape
B. Two counts of Forcible abduction with rape D. Forcible abduction with rape and 2 counts rape*
132.It is committed when a person represents himself to be another and assumes the filiation or the parental or conjugal
rights of such another person.
A. Usurpation of authority B. Usurpation of civil status* C. Illegal use of alias D. Simulation of births
133.It takes place when the woman pretends to be pregnant when in fact she is not, and on the day of the supposed delivery, takes
the child of another as her own.
A. Usurpation of civil status C. Substitution of one child for another
B. Simulation of births* D. Concealing legitimate child
134.By nature, bigamy is a-
A. Public crime* B. Private crime C. Complex crime D. Composite crime
135.Is the validity of second marriage is a prejudicial question to liability for bigamy?
136.Is the validity of first marriage is a prejudicial question to liability for bigamy?
137.Is nullity of the first marriage a defense in bigamy?
138.Widow who married within _______days from the date of the death of her husband, or before having delivered if she is pregnant
at the time of his death shall be liable for premature marriages. RA10655
A. 280 B. 180 C. 201 D. 301*
139.Is the crime of premature marriages applicable to the husband?
A. Yes, both of them B. No, to a woman only* C. Either the husband or wife D. Neither the husband nor wife
140.Is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition,
status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of one who is dead.
A. Intriguing against honor B. Grave slander C. Grave slander by deed D. Libel *
141.Rima and Alegre exposed various alleged complaints from students, teachers and parents against
Ago Medical and Educational Center Bicol Christian College of Medicine (“AMEC”) and its administrators. Rima and
Allegre remarked that “AMEC is a dumping ground, garbage of xxx moral and physical misfits”; and AMEC students who
graduate “will be liabilities rather than assets” of the society. Claiming that the broadcasts were defamatory, AMEC filed a
complaint for damages against FBNI, Rima and Alegre. The latter are guilty of-
A. Intriguing against honor B. Grave slander C. Grave slander by deed D. Libel *
142.During his privilege speech Senator Anton maligned a certain Lolong, the son of the President for the involvement of drug
trafficking in the Philippines. The Senator was charged of libel by Lolong in maligning his name. Is the Senator liable?
A. Yes, because that is a defamatory statement C. No, because the senator speech is a privilege*
B. Yes, no one is above the law D. No, the senator is immune from arrest
143.Newspaper reports on cases pertaining to adultery, divorce, issues about the legitimacy of children, etc., will
necessarily be barred from publication. This is called-
A. Prohibitory law B. Injunction C. Temporary restraining order D. Gag law*
144.Malicious imputation of any act, omission, condition or circumstance against a person, done orally in
public, tending to cause dishonor, discredit, contempt and embarrassment or ridicule to the latter.
A. Intriguing against honor B. Slander/oral defamation* C. Grave slander by deed D. Libel
145. Lando and Marco are candidates in the local elections. In his speeches Lando attacked his opponent Marco alleging that
he is the son of Nanding, a robber and a thief who amassed his wealth through shady deals. The crime would be-
A. Intriguing against honor B. Slander/oral defamation* C. Slander by deed D. Libel
146. Is a crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon
another person.
A. Intriguing against honor B. Slander/oral defamation C. Slander by deed* D. Libel
147.Slapping a lady in a dance not for purpose of hurting her but to cause her shame and humiliation for
refusing to dance with the accused constitute-
A. Unjust vexation C. Slander/oral defamation C. Slander by deed* D. Slight physical injury
148.It is the planting of evidence against the person-accused by the police officer during the raids, where in fact the person-accused
is innocent at the start and which tend directly to cause false prosecution. The officer is guilty of-
A. Planting of evidence C. Malicious prosecution
B. Incriminatory machinations * D. Dereliction of duty
149.Any scheme or plot by means which consist of some trickery. Its principal purpose to blemish the honor or reputation of
another person.
A. Intriguing against honor* C. Slander/oral defamation C. Slander by deed D. Libel
150.Where the source of the defamatory utterance is unknown and the offender simply repeats or passes the same, without
subscribing to the truth thereof, is guilty of-
A. Intriguing against honor* B. Slander/oral defamation C. Slander by deed D. Libel
151.Where the offender made the utterance, where the source of the defamatory nature of the utterance is known, and offender
makes a republication thereof, even though he repeats the libelous statement as coming from another, as long as the source
is identified, is guilty of-
A. Intriguing against honor B. Slander/oral defamation* C. Slander by deed D. Libel
152.Imprudence indicates a deficiency of _____________,or failure in precaution.
A. Perception B. Action * C. Movement D. Omission
153.Negligence indicates a deficiency of ___________, or failure in advertence.
A. Perception* B. Action C. Movement D. Omission
154.The doctrine states that the contributory negligence of the party injured will not defeat the action if it be shown that the
accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the
injured party.
A. Emergency rule C. Diligence of a good father of a family
B. Extra-ordinary diligence D. Last clear chance*
155.The rule provides that an automobile driver who, by the negligence of another and not by his own negligence, is suddenly
placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes
such a choice which a person of ordinary prudence placed in such a position might make even though he did not make the
wisest choice.
A. Emergency rule* C. Diligence of a good father of a family
B. Extra-ordinary diligence D. Last clear chance
156.Eddie brought his son Randy to a local faith healer known as “Mother Himala”. He was diagnosed by the faith-healer as being
possessed by an evil spirit. Eddie thereupon authorized the conduct of a “treatment” calculated to drive the “spirit” from the
boy’s body. Unfortunately, the procedure conducted resulted in the boy’s death. The faith healer is liable for-
A. Murder C. Homicide
B. Reckless Imprudence Resulting in Homicide* D. No crime is committed
157.A was nominated Secretary of a Department in the Executive Branch of the government. His nomination was thereafter
submitted to the Commission on Appointments for confirmation. While the Commission was considering the nomination, a
group of concerned citizens caused to be published in the newspapers a full-page statement objecting to A’s appointment. They
alleged that A was a drug dependent, that he had several mistresses, and that he was corrupt, having accepted bribes or favors
from parties transacting business in his previous office, and therefore he was unfit for the position to which he had been
nominated. As a result of the publication, the nomination was not confirmed by the Commission on Appointments. These
citizens are liable for-
A. Intriguing against honor C. Slander/oral defamation
B. Libel D. No crime since he is running for a public official*
158.Romeo Cunanan, publisher of the Baguio Daily, was sued by Pedro Aguas for libel for the public publication of his picture with
the notice that: “This is to inform the public that Mr. Pedro Aguas whose picture appears above has ceased to be connected with
the Sincere Insurance Company as underwriter as of December 31, 1987. Any transaction entered into by him after the said
date will not be honored. Is Romeo liable of any crime?
A. Yes, libel B. Yes, slander C. Yes, intriguing against honor D. No crime is committed*
159.A is married man. He has a paramour with whom he had sexual relations on a more or less regular basis. They meet at least
once a week in hotels, motels, and other places where they can be alone. Is A guilty of-
A. Concubinage B. Multiple counts of concubinage C. Adultery D. No crime is committed*
160.Jorge is the owner of 10 hectares of land in the foothills which he planted with lanzones. On his last visit there, he was shocked
to discover that his land had been taken over by a group of 15 families whose members had forcibly driven away his caretaker,
had appropriated the fruits for themselves, and were not threatening to kill him should he try to eject them. The accused is
guilty of-
A. Robbery C. Grave coercion
B. Usurpation of real rights in property* D. Usurpation of personal property
161.A is the driver of B’s Mercedez Benz car. When B was on a trip to Paris, A used the car for a joy ride with C whom he is courting.
Unfortunately, A met an accident. Upon his return, B came to know about the unauthorized use of the car and sued A for
qualified theft. B alleged that A took and used the car with intent to gain as he derived some benefit or satisfaction from its use.
On the other hand, A argued that he has no intent of making himself the owner of the car as he in fact returned it to the garage
after the joy ride. What crime/s, if any, were committed?
A. Qualified theft B. Robbery C. Carnapping* D. No crime is committed
162.Forest Ranger Jay Velasco was patrolling the Balara Watershed and Reservoir when he noticed a big pile of cut logs outside the
gate of the watershed. Curious, he scouted around and after a few minutes, he saw Rene and Dante coming out of the gate with
some more newly-cut logs. He apprehended and charged them with the proper offense.
A. Logging B. Qualified theft* C. Robbery D. Theft
163.A fire broke out in a department store. A, taking advantage of the confusion, entered the store and carried away goods which he
later sold. What crime, if any, did he commit?
A. Arson B. Theft C. Qualified theft* D. Robbery
164.Sunshine, a “beauteous” colegiala but a shoplifter, went to the Ever Department Store and proceeded to the women’s wear
section. The saleslady was of the impression that she brought to the fitting room three (3) pieces of swimsuits of different colors.
When she came out of the fitting room, she returned only two (2) pieces to the clothes rack. The saleslady became suspicious
and alerted the store detective. Sunshine was stopped by the detective before she could leave the store and brought to the office
of the store manager. The detective and the manager searched her and found her wearing the third swimsuit under her blouse
and pants. Was the theft-
A. Consummated* B. Frustrated C. Attempted D. No, crime is committed
165.A entered the house of another without employing force or violence upon things. He was seen by a maid who wanted to scream
but was prevented from doing so because A threatened her with a gun. A then took money and other valuables and left. Is A
guilty of-
A. Trespass to dwelling B. Robbery* C. Theft D. Coercion
166.A, brother of B, with the intention of having a night out with his friends, took the coconut shell which is being used by B as a
bank for his coins from inside their locked cabinet using their common key. Forthwith, A broke the coconut shell outside of their
home in the presence of his friends. What crime did he commit?
A. Theft B. Robbery* C. Estafa D. No crime was committed
167.In relation to #166, A contended that he should not be held liable because he is the brother of the victim, under Art. 332, RPC.
Is his contention correct?
168.Five robbers robbed one after the other five houses occupied by different families located inside a compound enclosed by a
six-foot high hollow block fence. What crime or crimes did they commit?
A. One robbery* B. 5 counts of robbery C. Complex crime of robbery D. Composite crime of robbery
169.Isagani lost his gold necklace bearing his initials. He saw Roy wearing the said necklace. Isagani asked Roy to return to him the
necklace as it belongs to him, but Roy refused. Isagani then drew his gun and told Roy, “If you will not give back the necklace to
me, I will kill you!” Out of fear for his life and against his will, Roy gave the necklace to Isagani. What offense did Isagani
commit?
A. Theft B. Robbery C. Grave coercion* D. Grave threat
170.A childless couple, A and B, wanted to have a child they could call their own. C, an unwed mother, sold her newborn baby to
them. Thereafter, A and B caused their names to be stated in the birth certificate of the child as his parents. This was done in
connivance with the doctor who assisted in the delivery of C. What are the criminal liabilities of the couple A and B?
A. No crime was committed B. Simulation of births* C. Usurpation of authority D. Illegal use of surname
171.At about 11:00 in the evening, Dante forced his way inside the house of Mamerto. Jay, Mamerto’s son, saw Dante and accosted
him. Dante pulled a knife and stabbed Jay on his abdomen. Mamerto heard the commotion and went out of his room. Dante,
who was about to escape, assaulted Mamerto. Jay suffered injuries which, were it not for the timely medical attendance, would
have caused his death. Dante is guilty of-
A. Robbery with threat or intimidation C. Qualified trespass to dwelling
B. Qualified trespass to dwelling with frustrated homicide D. Qualified trespass to dwelling and frustrated homicide*
172.A, with lewd designs, took a 13-year old girl to a nipa hut in his farm and there had sexual intercourse with her. The girl did not
offer any resistance because she was infatuated with the man, who was good-looking and belonged to a rich and prominent
family in the town. A is guilty of-
A. Statutory rape B. Seduction C. Acts of lasciviousness D. Consented abduction*
173.A charged B with the crime of rape. While the case was pending in court, B, together with his mother and brother, overpowered
A while riding a tricycle, dragged her inside a carenderia owned by them and detained her for two (2) days. They demanded that
she sign an affidavit of desistance and reimburse B the sum of P5, 000.00 which he paid to his lawyer in the case. She was
released only after she signed the affidavit asking for the dismissal of the case and delivered to B P1, 000.00. She promised to
deliver the balance of P4, 000.00 thirty (30) days later. The crime would be-
A. Robbery B. Grave coercion C. Grave threat D. KASID*
174.A, a male, takes B, another male, to a motel and there, through threat and intimidation, succeeds in inserting his penis into the
anus of B. What is A’s criminal liability?
A. Statutory rape B. Penile rape C. Sexual assault* D. Acts of lasciviousness
175.Flordeluna boarded a taxi on her way home to Quezon City which was driven by Roger. Flordeluna noticed that Roger was
always placing his car freshener in front of the car aircon ventilation but did not bother asking Roger why. Suddenly, Flordeluna
felt dizzy and became unconscious. Instead of bringing her to Quezon City, Roger brought Flordeluna to his house in Cavite
where she was detained for two (2) weeks. She was raped for the entire duration of her detention. Roger is liable for-
A. Simple rape B. Qualified rape C. Multiple rape* D. Rape with serious illegal detention
176.The complainant, an eighteen-year old mental retardate with an intellectual capacity between the ages of nine and twelve years,
when asked during the trial how she felt when she was raped by the accused, replied “Masarap, it gave me much pleasure.”
With the claim of the accused that the complainant consented for a fee to the sexual intercourse, and with the foregoing answer
of the complainant, would you convict the accused of rape if you were the judge trying the case?
177.Belle saw Gaston stealing the prized cock of a neighbor and reported him to the police. Thereafter, Gaston, while driving a car,
saw Belle crossing the street. Incensed that Belle had reported him, Gaston decided to scare her by trying to make it appear that
he was about to run her over. He revved the engine of his car and drove towards her but he applied the brakes. Since the road
was slippery at that time, the vehicle skidded and hit Belle causing her death. What is the liability of Gaston?
A. Homicide* C. Reckless imprudence resulting in homicide
B. Murder D. Impossible crime
178.Candido stabbed an innocent bystander who accidentally bumped him. The innocent bystander died as a result of the stabbing.
Candido was arrested and was tested to be positive for the use of “shabu” at the time he committed the stabbing. What crime
did he commit?
A. Murder* C. Homicide
B. Homicide and use of dangerous drugs D. Reckless imprudence resulting in homicide
179.In 1975, Pedro, then a resident of Manila, abandoned his wife and their son, Ricky, who was then only three years old. Twenty
years later, an affray took place in a bar in Olongapo City between Pedro and his companions, on one hand, and Ricky and his
friends, upon the other, without the father and son knowing each other. Ricky stabbed and killed Pedro in the fight, only to find
out, a week later, when his mother arrived from Manila to visit him in jail, that the man whom he killed was his own father.
What crime did Ricky commit?
A. Murder C. Homicide
B. Parricide* D. Tumultuous affray
180.Aldrich was dismissed from his job by his employer. Upon reaching home, his pregnant wife, Carmi, nagged him about money
for her medicines. Depressed by his dismissal and angered by the nagging of his wife, Aldrich struck Carmi with his fist. She fell
to the ground. As a result, she and her unborn baby died. What crime was committed by Aldrich?
A. Murder with intentional abortion C. Homicide with unintentional abortion
B. Parricide and unintentional abortion D. Parricide with unintentional abortion*

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STRATFORD MAGIS LAW AND JURISPRUDENCE BOOK 2

1. One of the following belongs to the Crimes against the Law of Nations.

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