CLJ 3 – CRIMINAL LAW I REMOVAL EXAM SET 1 | PAGE 1

INSTRUCTION: b. High seas c. criminally liable

c. Exclusive Economic Zone d. negligent
1. YOU ARE GIVEN A TEST QUESTION d. All of the above 22. Which is a fourth civil degree relationship?
SHEET CONTAINING 110 TEST ITEMS 11. Infractions of mere rules of convenience a. Father and son
designed to secure a more orderly b. Father and uncle
FOR THIS SET. regulation of the affairs of the society. c. Brother and mother-in-law
2. WRITE YOUR ANSWERS ON THE a. mala prohibita d. First cousins
b. mala in se 23. Which is exclusive requisite to defense of
YELLOW PAD BY WRITING THE c. public crimes strangers?
LETTER CORRESPONDING YOUR d. private crimes a. Unlawful aggression
12. It means that the resulting injury is greater b. Reasonable necessity of the means
CHOICE. than that which is intended. employed to present or repel it
a. Aberratio ictus c. Lack of sufficient provocation on the
- BREAK A LEG – b. Error in personae part of the person defending
c. Dura lex sed lex himself
d. Praeter intentionem d. The person defending be not induced
1. The offender is made to suffer the wrong he 13. Those where the act committed is a crime by revenge
has done. but for reasons of public policy and 24. All are requisites of battered women
a. Eclectic philosophy sentiment there is no penalty imposed. syndrome, except:
b. Juristic philosophy a. Impossible crimes a. Sexual violence
c. Positivist philosophy b. Absolutory crimes b. Tension building phase
d. Utilitarian theory c. Complex crimes c. Acute battering incident
2. Intent is d. Extenuating crimes d. Tranquil, loving phase
a. Demonstrated by a particular means 14. Crimes that have three stages of 25. Collective criminal responsibility states
to bring about a desired result execution. that:
b. A state of mind A. Material a. Each offender is liable only to the act
c. A reason for committing a crime B. Formal performed by him
d. The result of an act C. Seasonal b. Some offenders are principals, others
3. A person who violated the Revised Penal D. Continuing are accomplices
Code is a 15. A legislative act which inflicts punishment c. All are liable as co-principals
a. Criminal without judicial trial. d. All are not liable
b. Suspect A. Bill of Attainder 26. If a person serves as a guard pursuant to
c. Felon B. Bill of Rights the conspiracy of committing a crime, he is
d. Felony C. Ex Post Facto Law a
4. All are wrongful acts done although different D. Penal Law a. Principal by indispensable
from what was intended, except: 16. Under this Rule, crimes are not triable in cooperation
a. Mistake of fact the courts of that country, unless their b. Principal by induction
b. Mistake in the blow commission affects the peace and security c. Accomplice
c. Mistake of identity of the territory or the safety of the state is d. Principal by direct participation
d. None of the foregoing endangered. 27. He cooperates in the execution of offense
5. A wrongful act resulting from malice. A. French Rule by previous or simultaneous acts
a. Dolo B. Spanish Rule a. Principal
b. Culpa C. American Rule b. Accomplice
c. Felony D. English Rule c. Accessory
d. Crime 17. The law must be interpreted liberally in d. Co-conspirator
6. Intent to kill in the crime of murder is a favor of the _____ and strictly against the 28. The following are liable for grave and less
a. General criminal intent _____. grave felonies, EXCEPT:
b. Specific criminal intent a. Accused: state a. Principals
c. Mens rea of the crime b. Criminal: offender b. Accomplices
d. Motive in the crime c. Government: people c. Accessories
7. X and Y are crew members of cargo vess d. State: accused d. Concessions
el. They had a heated argument. X with 18. Illegal possession of a firearm is a crime. 29. When there is no conspiracy, all principals
a big knife in hand a. Mala delicta are liable:
threatened to kill Y. The victim Y, beli b. Mala prohibita a. Collectively
eving himself to be in immediate peril, t c. Mala in se b. Quasi-collectvely
hrew himself into the water. X died o d. Mala selecta c. Individually
f drowning. 19. A grievous, wicked, perverse, evil is called d. Solidarily
a. Y is liable for the death of X ______ crime. 30. If the offender was awakened by a shot
b. Y is not criminally liable. a. Overt act and fearing it was another raid of armed
c. Y is liable only for damages b. Divine men, fired at a walking figure in the dark,
d. Y is not liable as there is no c. Heinous killing him, who turned out to be a man on
proximate cause d. Natural his way to fish:
8. An agreement between countries is called 20. Which is not an element of dolo? a. There was no liability as there in
a. Law of preferential application a. force uncontrollable fear
b. Treaty b. freedom of action b. There was no liability as there is
c. International agreement c. intelligence compulsion of an irresistible force.
d. United Nations Charter d. intent c. There is liability as there is only grave
9. Sulu Sea is part of 21. A police officer is ______ in shooting and fear
a. Archipelagic waters of the Philippines killing a criminal who refuses to stop when d. There is liability but mitigated due to
b. High seas ordered to do so, and after such officer error in personae
c. Exclusive Economic Zone fired warning shots in the air. 31. Lack of intention to commit so grave a
d. All of the above a. justified wrong is
10. Sulu Sea is part of b. exempted a. Justifying
a. Archipelagic waters of the Philippines
 CLJ 3 – CRIMINAL LAW I
b. Exempting
c. Mitigating
d. Aggravating
32. Which is NOT mitigating?
a. Praeter intentionem
b. Plea of guilty
c. Illness that diminishes the exercise of
willpower
d. Extra-judicial confession
33. If a policeman effected the abduction of the
offended party when he was then wearing
his uniform, there is an aggravating
circumstance of
a. Craft
b. Taking advantage of position
c. In contempt of public authority
d. Disregard to rank
34. If a judge was killed because he was strict,
there is an aggravating circumstance of
a. Taking advantage of public office
b. Contempt of a judge
c. Disregard of rank
d. Treachery
35. All are forms of plurality of crimes,
EXCEPT:
a. Recidivism
b. Reiteracion
c. Habitual delinquency
d. Abuse of superior strength
36. Conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and:
a. Participated in the criminal design
b. Established an agreement
c. Proposed to commit it
d. Decide to commit it
37. Accomplices know the criminal design and
a. Decide to commit it
b. Agree to cooperate in its execution
c. Performed subsequent acts
d. All of the foregoing
38. Who are accomplices?
a. They are authors
b. They are instruments who perform
acts
c. They are always present in the crime
scene
d. None of the foregoing
39. Whenever homicide is committed as a
consequence or on the occasion of
robbery:
a. Each is liable for his own acts
b. All will be liable for robbery with
homicide
c. All will be liable for robbery, only the
one who killed will be liable for
robbery with homicide
d. None of the foregoing
40. A remark “take care of the two” constitutes
a. A command finding a person a
principal by inducement
b. No command finding a person not a
principal by inducement
c. A force making a person a principal
by induction
d. An irresistible fear making a person a
principal by cooperation
41. A was charged with “fraud or infringement
of literary rights or property,” because A
allegedly reproduced and sold copies of
another’s literary work. At that time, there
was no copyright law. Can A be punished
of such act?
REMOVAL EXAM
a. Yes, because penal laws may be
given retroactive effect, regardless
of whether or not they are
beneficial to the accused
b. Yes, because it is an exemption from
the prohibition against ex post facto
law
c. No, because it is a bill of attainder
d. No, because there was no law at that
time defining and penalizing the act
42. The following crimes cannot be considered
culpable felonies, EXCEPT:
a. Malicious mischief
b. Murder
c. Treason
d. Reckless imprudence
43. Who is a habitual delinquent?
a. A person who, within 10 years from
the date of his release or last
conviction of the crime of serious
physical injuries, robbery, theft,
estafa or falsification is guilty of any
said crimes a third time or oftener
b. A person who, at the time of his trial
for one crime, shall have been
previously convicted by final
judgment of another crime
embraced in the same title of this
code
c. A person who shall commit a felony
after having been convicted by final
judgment, before beginning to
serve such sentence, or while
serving the same
d. A person who has been convicted by
final judgment twice, regardless of
the nature of the crime committed
44. Which of the following are not exempt from
criminal liability?
a. A child 15 years of age or under at
the time of the commission of the
crime
b. A child above 15 years but below 18
years of age
c. A child above 15 but below 18 years
of age who acted with discernment
d. A child above 8 years old but below
15 years of age
45. The following are principals, EXCEPT:
a. By direct execution
b. By direct participation
c. By inducement
d. By indispensable cooperation
46. There is child prostitution if:
a. The child is detained and subjected to
lewd acts
b. The child is abused primarily for profit
c. The child is made to work for profit
d. The child is discriminated for being in
a disadvantageous situation
47. Dialola cooperated in the perpetration of
rape, perpetration means
a. Continuation
b. Criminal resolution
c. Commission
d. Direct participation
48. The following are RPC penalties, except?
a. Life imprisonment
b. Prision mayor
c. Reclusion temporal
d. Reclusion perpetua
SET 1 | PAGE 2
49. A fine of P4,001 was imposed by the court
upon the finding of guilt. What is the proper
classification of the penalty?
a. Afflictive
b. Correccional
c. Light
d. The classification does not apply.
50. Which among the following is not a
penalty?
a. Suspension from public office during
the trial.
b. Perpetual special disqualification.
c. Civil interdiction.
d. Suspension of the right to voice.
51. J was convicted of a crime to which the
penalty of 2 months and 1 day was
imposed. What is the proper terminology of
the penalty imposed on J?
a. Arresto menor, medium period
b. Arresto mayor, maximum period
c. Arresto mayor, minimum period
d. Arresto mayor, medium period
52. K, a 16-year old student of XYZ academy,
raped his classmate D on a least 5
different occasions. He threatened to kill D
is she tells anyone about the incident. Is K
criminally liable?
a. No, K is not criminally liable because
at the time he committed the
offense, he was less than 18 years
of age, and hence, exempt from
criminal liability
b. No, K is not criminally liable because
he is only a child when he
committed the crime
c. Yes, K is criminally liable because the
minimum age of criminal
responsibility is 15 years old
d. Yes, K is criminally liable because at
the time the offense was
committed, he was above 15 years
but below 18 years of age and he
acted with discernment
53. Generally, crimes punishable by death,
reclusion perpetua or reclusion temporal
prescribe in:
a. 10 years
b. 15 years
c. 20 years
d. imprescriptible
54. Jemma who induced Eric a friend to kill her
husband’s mistress is criminally liable as:
a. Principal
b. Accessory
c. Accomplice
d. None of the above
55. It refers to inaction, by which a person may
be considered criminally liable when the
law requires the performance of a certain
act, e.g. failure to assist one’s own victim.
a. Act
b. Intent
c. Fraud
d. Omission
56. The basis of this circumstance affecting
criminal liability is the complete absence of
freedom of action, intelligence, intent or
negligence on the part of the accused.
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating
 CLJ 3 – CRIMINAL LAW I REMOVAL EXAM SET 1 | PAGE 3

57. Any bodily movement that tends to b. treachery 80. In an incomplete self-defense, which
produce some effect in the external world. c. ignominy requisite is indispensable?
a. act d. evident premeditation a. Lawful aggression
b. omission 69. Emil persuades Jude to steal from his boss b. Unlawful aggression
c. dolo is a principal by: c. Obedience to a lawful order
d. culpa a. direct participation d. Avoidance of greater evil or injury
58. Aberratio ictus refers to: b. induction 81. Vindication to be mitigating must be
a. mistake of facts c. indispensable cooperation a. Immediate
b. mistake of identity d. instigation b. Imminent
c. mistake in the blow 70. The foregoing are persons exempt from c. After a lapse of time
d. ignorance of the law the operation of criminal law by virtue of d. Grave
59. Refers to crimes consummated in one the principles of public international law, 82. Calamity means
instant or by a single act. except: a. Great destruction
a. formal crimes a. Heads of states b. Fortuitous event
b. informal crimes b. Ambassadors c. Destructive fire
c. rational crimes c. Consul d. Disastrous event
d. irrational crimes d. Charges d’ affaires 83. Inundation means
60. A quality in which an act may be ascribed 71. Indemnity means a. Flood
to a person as the author or owner. a. Reparation b. Fire
a. imputability b. Exemption from penalty c. Storm
b. culpability c. Compensation for damage caused d. Calamity
c. liability d. Justification for an injury done 84. Alevosia is
d. responsibility 72. All are principal penalties with civil a. Means to weaken the defense
61. It exists when two or more persons come interdiction as an accessory penalty, b. Without risk
to an agreement to commit a felony. except: c. Treachery
a. plan a. Life imprisonment d. Superior strength
b. conspiracy b. Reclusion temporal 85. The following totally extinguishes criminal
c. piracy c. Reclusion perpetua liability, except:
d. proposal d. Death a. Commutation of sentence
62. An aggravating circumstance which 73. When two or more crimes are committed, b. Prescription of the crime
generally apply to all crimes such as but they constitute only one crime, there is c. Service of sentence
dwelling, nighttime or recidivism. a. Complex crime d. Absolute pardon
a. generic b. Component crime 86. The following partially extinguishes
b. specific c. Conjuring crime criminal liability, except:
c. qualifying d. Plurality of crimes a. Parole
d. inherent 74. When a single act constitutes two or more b. Conditional pardon
63. Refers to occurrences which happens grave or less grave felonies, there is c. Commutation of sentence
beyond the sway of man’s will. a. Complex crime proper d. Good conduct allowance
a. nature b. Compound crime 87. The offender is impelled by a single
b. accidents c. Component crime criminal impulse but committed a series of
c. events d. Crime of passion acts
d. phenomenon 75. In dubio pro reo means a. compound crime
64. Refers to circumstances which if attendant a. Prosecute the accused b. continued crime
in the commission of a crime serve to b. Liberate the accused c. duplicity of offenses
increase the penalty, without however c. Rule for aggrieved d. delito complejo
exceeding the maximum of the penalty d. When in doubt, rule for the accused 88. All are ingredients of voluntariness, except:
provided by law for the offense. 76. The accused is presumed innocent until a. Criminal intent
a. justifying proven otherwise is a b. Negligence
b. exempting a. Mandate of the law c. Intelligence
c. mitigating b. Rule of the masses d. Freedom of action
d. aggravating c. Constitutional guarantee 89. The basis for an exempting circumstance
65. Refers to aggravating circumstance which d. People power of irresistible force is absence of
apply only to particular crimes. 77. Amount embezzled means a. Freedom of action
a. generic a. Misused b. Discernment
b. specific b. Abused c. Intelligence
c. qualifying c. Abated d. Intimidation
d. inherent d. Puzzled 90. He is one directly vested with jurisdiction
66. Any person who shall commit a felony 78. There is dolo when the act performed is a. person in authority
while serving his sentence with a previous with b. public officer
conviction is classified as a: a. Deliberate intent c. law enforcement officer
a. recidivist b. Lack of foresight d. powerful person
b. delinquent c. Sexually malicious act 91. It is the body of the crime
c. habitual delinquent d. Overt act a. Mens rea
d. quasi-recidivist 79. When the offender performs all the acts of b. Corpus delicti
67. Gloria lends Nany a bolo which was used execution which would produce a felony as c. In flagrante delicto
in the murder of Mike is liable as an: a consequence but does not produce it by d. Animo lucrandi
a. principal reason of causes independent of the will of 92. Refers to the money, price or consideration
b. accessory the perpetrator, there is paid or demanded for redemption of a
c. accomplice a. Attempted stage captured person or persons, a payment
d. conspirator b. Frustrated stage that releases from captivity
68. It pertains to moral order, adding disgrace c. Consummated stage a. Contractual obligation
to the material injury caused by the crime. d. Subjective phase b. Obligation to pay
a. craft c. Blood money
 CLJ 3 – CRIMINAL LAW I REMOVAL EXAM SET 1 | PAGE 4

d. Ransom 102. A person can be penalized for a crime

93. Conspirators decide that a crime should be a. In the exercise of police power
committed; accomplices merely ______ in b. Anytime it is apprehended by the
it. police
a. Favor c. Only after due process
b. Evade d. Through imprisonment after
c. Partake committing the act
d. Concur 103. What is a bill of attainder?
94. If a person commits a felony although the a. It is a penal law which is given
wrongful act done is different from what is retroactive application to prejudice
intended, there is of the accused
a. Criminal liability b. It makes an act of criminal which
b. Culpable felony when committed was not yet so
c. Felonious act c. It is an ex-parte act
d. fault d. It is a legislative act which inflicts
95. Is conspiracy a felony? punishment without judicial trial
a. Yes, the law defines it so. 104. Laws shall have no retroactive
b. Yes, it is a punishable act. application.
c. No, it is only a means to commit a a. Retroactivity
felony b. Relativity
d. No, it is not a crime c. Prospectivity
96. If A, pointed a gun to B, with intent to kill, d. applicability
shot at B but missed, the felony is 105. It is the purpose of this theory to espouse
a. Attempted the idea that the primary punishment in
b. Frustrated criminal law is to protect society from
c. Consummated potential and actual wrongdoers
d. Justified a. Equipoise rule
97. Dialoa’s combined actions easily induce b. Utilitarian theory
the belief that everything had been c. Positivist theory
prearranged between them in order that d. In flagrante delicto
Banzales might carry out his bestial 106. The supreme law of the land is the
designs upon the victim, she is a a. Constitution
a. Principal b. Criminal law
b. Accomplice c. Revised penal code
c. Accessory d. Acts of legislature
d. Author of the crime 107. If the Philippine Criminal law is applicable
98. It is necessary that the same be within the Philippine archipelago, its
spontaneous in such manner that it shows application is
the intent of the accused to surrender a. Intra-territorial
unconditionally to the authorities b. Extra-territorial
a. Plea of guilty c. Inter-territorial
b. Involuntary arrest d. General-territorial
c. Confession of guilt 108. Postdating a check is an indication of:
d. Voluntary surrender a. Bouncing checks
99. It means to desire or wish in common a b. Fraudulent transaction
thing. But that common will or purpose c. Estafa
does not necessarily mean previous d. theft
understanding, for it can be explained or 109. A free, intelligent and intentional act
inferred from the circumstances of each a. Voluntary
case. b. Deliberate
a. To cooperate c. Excusable
b. To coordinate d. Free will
c. To participate 110. Which does not incur criminal liability?
d. Ta navigate a. Mistake of law
100. The act of apellant in convincing AAA, b. Mistake of fact
who was 12 years old at that time, to go c. Ignorance of the law
with her and thereafter, offer her for sex to d. malice
a man in exchange for money makes her END OF EXAM
liable under SET 1
a. RPC as principal
b. RPC as accomplice
c. RA 7610
d. RA 9262
101. Where a conspiracy animates several
persons with a single purpose, their
individual acts done in pursuance of that
purpose are looked upon as a single act,
the act of execution, giving rise to
a. Multiple felonies committed
b. Plurality of the crime
c. Single offense constituting a complex
crime
d. Material crime