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What implies to the purpose of someone using a particular means to effect such

result?

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intent

motive

instrumentality

opportunity

Correct answer

intent

A person is still criminally liable although the wrongful act done be different from

that which he intended. The statement is –

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true in the manner of incurring criminal liability

not true in legal process

true when there is intention

not true if there is no intention

In case of doubt as to whether the offender is a principal or an accomplice, such doubt

must be resolved in favor of the latter. The statement is –

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true

False

maybe true

maybe false

The following circumstances are always mitigated in terms of alternative circumstances,


except

*
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Low degree of education

Intoxication wherein the drunk person has not intended it or not a habitual drunkard

Relationship in crimes against property

Relationship in crimes against persons

Correct answer

Relationship in crimes against property

What will be the effect on the criminal liability of the accused that was sane when he
committed the crime, but becomes insane at the time of trial?

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He is exempt from criminal liability under par.1 of Art. 12 of the RPC

He is still criminally liable but his trial will be suspended until his mental capacity will be
restored to afford a fair trial

His criminal liability will be extinguished

All of these
Which of these is NOT a requisite of “avoidance of greater evil or injury"?

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That the injury feared be greater than the injury done to avoid it

that the evil sought to be avoided actually exists

that the means to avoid the injury is lawful

that there be no practical or less harmful means of preventing

While it is true that an act to be considered as a crime, the attendant circumstances

must be present. Which one is NOT included?

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criminal tendency

there must be an act

the act must be voluntary

the act must be punishable by law


It is the reason or moving power which impels one to commit an act for a definite

result. What is it?

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intent

motive

instrumentality

opportunity

Under the law, it exists when a person, while of advanced age, has a mental

development comparable to that of children between two and seven years of age.

Which one is being described?

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minority

inasanity
imbecility

all of the above

How can you deduce to infractions of law or the commission of which the penalty of
arresto menor or a fine not exceeding Php200 or both is provided?

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less grave felonies

light felonies

grave felonies

fine

Which among the foregoing is considered as the primary source of criminal law?

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Act No. 3815

Special Penal Laws


Revised Penal Code

Both the 1st and 2nd choices are correct

In what instance can alibi (weakest defense) acquire commensurate strength in


evidential value?*

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when it changes the burden of proof

where no positive and proper identification has been satisfactory made

When questions on whether or not the accused committed the offense are clear

when the evidence for the prosecution is strong

Correct answer

when it changes the burden of proof

One of the characteristics of criminal law is generality. Which of the following is not an
exception to the principle of generality?

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treaty stipulation

laws of preferential application

Principles of Public International Law

none of the above

Refers to alevosia, or means and methods employed to insure its execution.

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craft

intent

deceit

treachery

What exists when two or more persons come to an agreement concerning the

commission of a felony and decide to commit it?

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proposal

agreement

conspiracy

band

Crimes which are wrongful from their very nature are punishable by law. The idea is

anchored on the principle of –

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mala in se

mala prohibita

sinful act

evil act

When an act committed is a violation under the provisions of the Revised Penal

Code, it denotes something called ___.

*
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felony

crime

infraction

offense

Those which must be taken into consideration as aggravating or mitigating according

to the nature and effects of the crime and the other conditions attending its

commission are considered _____, under the law.

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justifying circumstance

exempting circumstance

alternative circumstance

mitigating circumstance

Those which if present in the commission of the crime do not entirely free the actor
from criminal liability but serve only to reduce the penalty.

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justifying circumstance

aggravating circumstance

mitigating circumstance

alternative circumstance

Those who have assisted in the escape or concealment of the principal of the crime

committed are considered –

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accessory to the crime

accomplice to the crime

principal

principal by indirect participation


Under RA 7659, the death penalty may be suspended when the accused is among the
following: except:

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a woman while pregnant

a woman within one year after delivery

Persons over 70 years old

Persons over 18 but under 21 years of age

Correct answer

Persons over 18 but under 21 years of age

What felony implies if the offender performs all the acts of execution which would

produce the felony as a consequence but the felony is not produced by reason of

causes independent of the will of the perpetrator?

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attempted felony

frustrated felony

consummated felony

no felony

Legally, mistake in the identity of the victim is called ____.

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praeter intentionem

aberatio ictus

error in personae

mistake in the blow

In our law, the suffering that is inflicted by the state for the transgression of the law

is called ____.

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penalty

punishment

aggression

suffering

A Branch of municipal law which defines crimes, treats of their nature and provides for
their punishment.

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Procedural Law

Civil Law

Criminal Law

Political Law

Which of the following instances where motive is essential?

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evidence of intent

lack of skill

lack of foresight

when evidence are merely circumstantial

Refers to the loss of the right of the state to prosecute the offender after certain lapse of
time.

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prescription of crime

prescription of penalty

degree of penalty

expiration of the offense

Complex crimes or delito continuado or mandate that only one information should be
filed against the offender; the term “continuing crime" is mor epertinently used with
reference to the-

*
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place where the crime is committed

venue where the criminal action maybe instituted

person who committed the crime

time of the commission of the crime

Which of the following is an example of justifying circumstances under our criminal

law?

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act of self-defense

imbecility

insanity

minority

The following are exempt from criminal liability as accessories in cases that the principal
should be the foregoing relatives, except:
*

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spouse

descendant

ascendant

cousin

Which of the following is NOT a requisite of a valid self-defense?

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unlawful aggression

reasonable necessity of the means to prevent the aggression

Lack of sufficient provocation on the part of the person defending himself

sufficient provocation on the part of defender

Which of the following is a culpable felony?

*
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Pedro who accidentally burns a house

Dohnny who deliberately steal

Miley who committed suicide

Liam who commits frustration

Reclusion Perpetua is a penalty prescribed under the RPC while life imprisonment is a
penalty under special laws, Reclusion Perpetua has accessories penalties life
imprisonment has no accessory penalties; In Reclusion Perpetua, the accused is
entitled to parole after serving 30 years imprisonment. Life imprisonment has no fixed
duration. This statement is –

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Absolutely false, it should be the other way around

True, as they are correctly distinguished

maybe true

maybe false

Capital punishment or maximum penalty imposed by law.


*

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reclusion perpetua

death by lethal injection

Both are correct

both are incorrect

Correct answer

reclusion perpetua

It is an absolutory cause which negates criminal liability because the law encourages

a person to desist from committing a crime. Which of the following is being

describe?

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spontaneous desistance

external acts
indeterminate offense

internal acts

Criminal law does not have any retroactive effect. This characteristic of criminal law is
known as

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general

territorial

prospective

all of the above

The act performed or the omission which is incurred with deliberate intent or malice

to do an injury is called ______.

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culpable felony

intentional felony
crime

not a felony

One of the following person is not immune from Philippine criminal law.

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Sovereigns and other chief of state

Ambassador

Consuls

Charges d' Affaires

Impossible crimes implies that the act performed would be an offense against

persons or property. The statement is –

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true
false

maybe true

maybe false

In the crime of theft, the culprit is duty-bound to return the stolen property. this is called

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restitution

reparation

civil liability

indemnification of consequential damages

This form was created inside of Batangas State University.

Pepito Manaloto, punong barangay of Barangay X, assisted policemen in arresting


Mariolito who is causing trouble in Barangay Y. Mariolito assaulted Pepito .
What crime did Mariolito commit?

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Direct assault, because Mariolito assaulted Pepito, a person in authority.

Only Physical Injuries, because when Mariolito assaulted Pepito, the latter was outside of his
jurisdiction.

Indirect assault, because when Mariolito assaulted Pepito, the latter was outside of his
jurisdiction

Indirect assault, because Pepito was only an agent of the policemen

Correct answer

Only Physical Injuries, because when Mariolito assaulted Pepito, the latter was outside of his
jurisdiction.

Berto, with evident premeditation and treachery killed his father. What was the crime
committed?

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Murder

parricide
homicide

qualified homicide

The deprivation of a private person of the liberty of another person without legal
grounds

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illegal detention

arbitrary detention

forcible abduction

forcible detention

Whenever more than 3 armed malefactors shall have acted together in the commission
of a crime.

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gang
conspirators

band

piracy

The unlawful destruction or the bringing forth prematurely, of human fetus before the
natural time of birth which results in death.

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abortion

infanticide

murder

parricide

Choose the correct circumstance when a woman may be held liable for rape

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With the use of force or intimidation.


When the rape is committed by two or more persons

When the offender uses an instrument and inserts it in the mouth of the victim

When she befriends and puts a sleeping pill in the victim's drink to enable her husband to have
intercourse with the victim

Correct answer

When she befriends and puts a sleeping pill in the victim's drink to enable her husband to
have intercourse with the victim

Miley in frustration against the infidelity of her husband Liam, decided and did castrate
the latter. What crime did Miley commit?*

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serious physical injury

mutilation

less serious physical injury

slight physical injury

Which of the following constitute statutory rape?*

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when the victim is under 12 years of age, regardless whether the sexual intercourse was
voluntary or otherwise due to vitiated consent on the part of the child

the involuntary sexual intercourse or assault wherein the offender and the victim is related
either by consanguinity or by affinity

any adult engaging in sexual contact with anyone 16 or under would be committing statutory
rape, unless the age difference between them was three years or less and sex was proven to
be consensual, and neither abusive nor exploitative.

the act of forcibly inserting penis or any other instrument to the genital, anal or oral orifice of
another person

Correct answer

any adult engaging in sexual contact with anyone 16 or under would be committing statutory
rape, unless the age difference between them was three years or less and sex was proven to
be consensual, and neither abusive nor exploitative.

Feedback

provided by RA 11468

Claudio and Ynah were living as husband and wife for almost two years. Due to
Claudio’s drug addiction, Ynah left their house while Claudio was asleep. Three years
after their separation, Claudio saw Ynah in the mall. Claudio felt enraged because Ynah
surreptitiously left him, he punched Ynah and pushed her against the wall. As a result,
Ynah fractured her ribs. What crime did Claudio commit?

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Physical injuries
Violation of R.A. No.9262 or the Anti-Violence Against Women and Their Children Act

Attempted homicide

Attempted murder

The following are elements of libel except:

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The imputation must be defamatory

It must have been given publicity

It must be malicious

The offender can be identified with certainty

The following are elements of bigamy except:

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The offender has been legally married

The offender must be a man


The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil Code

That he contracts a second or subsequent marriage.

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
theft or of robbery?

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None of the foregoing. There is only grave coercion because A took the properties against the
owner’s will

A is liable only for theft because he took personal property belonging to another without
employing any violence or intimidation against the victim

The accused is liable only for theft because A entered the house without employing force or
violence upon things

A is liable for robbery because of the intimidation he employed on the maid before the taking
of the money and other valuables. It is the intimidation of person relative to the taking that
qualifies the crime as robbery, instead of simply theft.

Which of the following is NOT a crime against property?

*
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Theft

Piracy

Destructive Arson

Malicious Mischief

Dido, Dada and Dodi combined their money to buy iPhone 14 Pro. They agreed that
Dido will use the phone on Monday to Wednesday, Dada on Thursday and Friday, and
Dodi on weekends. On Thursday morning, Dada went to the house of Dido to get the
phone and there he saw their iPhone 14 Pro inside the clear glass cabinet. Dada
secretly used force to open the cabinet without breaking it and took away the phone
unknown to Dido. Did Dada commit robbery or theft?

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A. Neither, since Dido, Dada and Dodi co-owned the phone. In the crimes of robbery and theft,
the property stolen must belong to another.

B. Theft, because Dada did not break the glass cabinet, hence, force was not enough to
constitute robbery.

C. Robbery, since Dada secretly open the cabinet without Dido’s consent.

D. Neither, because when Dada took the phone, it was his schedule to use the said phone.
Maurice and Riley went to SM Batangas to buy OOTD for their school Christmas party.
As Riley was fitting a dress, Maurice went to Watsons to buy a facial mask. Due to
insufficient allowance, Maurice secretly hide the facial mask inside her underwear.
When Maurice was about to leave Watsons, her conscience told her to return the things
she stolen, so she did. However, when she was about to get the last facial mask insider
her underwear, a lady guard saw her and brought her to the management office. Should
Maurice be held liable for the crime of theft?

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A. No, because Maurice was already returning the property she stolen when she was caught.

B. Yes, the crime of theft had already been consummated

C. No, since it was Christmas season, hence, time of giving and forgiving.

D. No, because the crime committed was robbery since Maurice forced to hide the facial
masks inside her underwear.

X was awakened by a loud noise coming from the first floor of his house. He went down
and discovered that the screen door to the kitchen had been cut and the door itself
opened. He called the police. When they arrived, they saw Y lying on the sala. They
arrested Y but found no weapon, burglary tool or stolen goods in his person. They
examined the whole house and found everything in order. No valuable was missing.
Can the crime of attempted robbery be charged against Y? If not, what crime did he
commit?
*

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A. Attempted Robbery because he entered the dwelling. He may have stolen something if not
for the timely intervention of the police.

B. The crime is other forms of trespass under Art. 281 because there is a manifest prohibition
to enter the property.

C. The crime committed is consummated qualified trespass to dwelling. The-intention of Y in


entering the house of X was indeterminate. For this reason, it cannot be attempted robbery
because the overt acts committed had no direct and immediate relation to robbery. Since the
screen door of the kitchen had been cut and the door opened, the entrance was against the
will of the owner.

D. none of the above

Manaloto was a wealthy and successful businessman but with an unfortunate turn of
events, his businesses were placed under liquidation. Due to this, Manaloto burned his
building in an attempt to defraud his creditors and collect from insurance company. Did
Manaloto commit a felony?

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A. Yes, Manaloto committed destructive arson

B. Yes, Manaloto committed malicious mischief

C. Yes, Manaoloto committed simple arson.


D. No, because Manaloto was already bankrupt, hence, shall not be held liable

Xiexie, a resident of China, counterfeits Philippine money while staying at Hong Kong.
Can Xiexie be prosecuted in the Philippines?

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A. Yes, under the extraterritoriality principle, the provisions of Revised Penal Code shall be
enforced outside of Philippine jurisdiction against those who should forge or counterfeit
Philippine currency note.

B. No, Philippine courts has no jurisdiction over Xiexie because the crime was committed in
Hong Kong.

C. Yes, since forging or counterfeiting of Philippine money is mala in se.

D. No, since Xiexie is a Chinese national.

Without the benefit of marriage, Gary and Angel lived happily as husband and wife.
However, after five years, their relationship turned sour. There were no nights that Gary
was not drunk. One evening, Gary went home and saw Angel laughing while talking to
someone on the phone. Gary suspected that Angel has paramour and for that reason
he grabbed Angel from behind and struck her three times with the bottle of alcohol.
Angel was brought to the hospital but was pronounced dead. What crime did Gary
commit?

*
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Murder

parricide

homicide

None, since the killing was under the exceptional circumstances

Correct answer

Murder

Marlo was killed by Lito, a stranger, in consideration of the reward advanced by


Marlos’s wife. What crime did Lito and Marlo’s wife commit?

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A. Lito committed murder while Marlo’s wife committed parricide.

B. Both Lito and Marlo’s wife committed parricide

C. Marlo’s wife committed parricide as prinicpal by inducement while Lito is an accomplice to


the crime.

D. Only Lito committed the crime of murder.

Correct answer
A. Lito committed murder while Marlo’s wife committed parricide.

Homicide is committed by any person who kills another without the qualifying
circumstance in:

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A. Infanticide, Parricide and Abortion

B. Infanticide, Abortion and Murder.

C. Infanticide, Parricide, Murder.

D. Infanticide, Murder and Physical injuries.

Correct answer

B. Infanticide, Abortion and Murder.

The following are some attendant circumstances that qualifies the killing into murder
except:

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A. Inconsideration of a price, reward or promise


B. With evident premeditation.

C. The offender is either of the parents of the victim

D. Killing was made on occasion of earthquake or epidemic

Which of the following is NOT a crime against persons?

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A. Rape

B. Abduction

C. Mutilation

D. Challenging to a duel

For treachery to qualify killing to murder, the evidence must show:

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A. The time when the accused decided to employ treachery, the overt act manifestly indicating
that he clung to such determination, and a sufficient lapse of time between the decision and
the execution, allowing him to reflect upon the consequence of his act.
B. Unlawful aggression, reasonable necessity of the means to prevent or repel the aggression,
and lack of sufficient provocation on the part of the victim.

C. That the accused employed such means, methods or manner to ensure his safety from the
defensive or retaliatory acts of the victim, and the mode of attack was consciously adopted.

D. Actual sudden physical assault or threat to inflict real imminent injury to an unsuspecting
victim.

Correct answer

C. That the accused employed such means, methods or manner to ensure his safety from the
defensive or retaliatory acts of the victim, and the mode of attack was consciously adopted.

The following are crimes against security except:

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A. Abandoning a minor

B. Exploitation of minors

C. Grave threats

D. Unlawful arrest

It refers to the improper performance of some act which might lawfully be done.
*

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A. Malfeasance

B. Misfeasance

C. Nonfeasance

D. Infidelity

A approached the Chief of Police of a town and asked him not to raid his (A's) gambling
house for two days. Because A was his friend, the Chief of Police even instructed his
policemen not to raid that house for two days. Gambling games were played in A's
house. What crime did the Chief of Police commit?

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A. Dereliction of duty in the prosecution of offenses under Article 208 of the Revised Penal
Code (RPC)

B. Malicious delay in the administration of justice under Article 209 of the RPC

C. Direct bribery

D. Indirect bribery

Correct answer
A. Dereliction of duty in the prosecution of offenses under Article 208 of the Revised Penal
Code (RPC)

The following are ways of committing direct bribery except:

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A. By agreeing to perform a crime.

B. By accepting a gift to perform an unjust act.

C. By agreeing to refrain from performing an official duty

D. By accepting a gift to perform a just act.

X, a police captain, arrested Y on suspicion of robbery. X interrogated Y but Y denied


knowledge and participation in any crime of robbery. X then ordered Z, his assistant, to
bring Y to secret place and torture him there. As a result of the torture, Y confessed
despite his innocence. Should X and Z be liable for maltreatment of prisoners under
Article 235 of the RPC?

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A. No, since Y is not yet a prisoner


B. No, since torture did not happen in prison.

C. Yes, since X has the custody over Y, while Z acted upon the unlawful order of X.

D. Yes, since X and Z maltreated Y in order for Y to confess.

Correct answer

A. No, since Y is not yet a prisoner

Which among the following is NOT considered as crime committed by public officer?

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A. Usurpation of legislative powers

B. Abandonment of office or positions.

C. Abuses against chastity.

D. Delivering prisoners from jail.

Correct answer

D. Delivering prisoners from jail.

This form was created inside of Batangas State University.

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