Professional Documents
Culture Documents
State Finished
Completed on Wednesday, 14 December 2022, 12:52 PM
Time taken 4 mins 17 secs
Grade 19.00 out of 20.00 (95%)
Question 1
Correct
Offender is not in prison, for imprisonment → When offender is placed at the disposal of judicial authorities for the enforcement of the
penalty
Question 2
Correct
In all cases, an accused who is undergoing preventive imprisonment is entitled to a full credit of time served as against his penalty.
Select one:
True
False
Correct
If an offender is preventively imprisoned for longer than the imposable penalty, he will be released, but trial will continue.
Select one:
True
False
Question 4
Correct
Which of the following is eligible for credit of time served in preventive imprisonment?
a. Recidivists
b. Habitual Delinquents
c. Escapees
Question 5
Correct
a. Loss of all rights to retirement pay or other pension for any office properly held
b. Deprivation of public offices and emplyoment which the offender may have held
c. Deprivation of the right to vote in any election for any popular elective office or to be elected to such office
d. Deprivation of a specific office, employment, profession or calling.
Correct
Civil interdiction shall deprive the offender of the following rights, except:
b. Marital authority
c. Right to marry
d. Parental Authority
e. Guardianship
Question 7
Correct
Generally, even if not mentioned, a presidential pardon restores the right to hold public office and to vote.
Select one:
True
False
Correct
b. Fine
d. Attorney's fees
Question 9
Correct
Match the penalty imposed with the applicable rules on subsidiary imprisonment
The correct answer is: Grave or less grave felony, punishable with fine → Not more than 6 months,
Light felony, punishable with fine → Not more than 15 days,
Prision correccional or arresto and fine → one day for each amount equivalent to minimum wage, until a maximum of 1/3 the sentence,
Imprisonment of Prision mayor or higher → No subsidiary imprisonment
Question 10
Correct
After conviction, the proceeds or instruments of a crime are returned to the offender.
Select one:
True
False
Question 11
Correct
The death penalty can be imposed upon which of the following accused?
a. Supreme Court affirms conviction by vote of 8 to 7, but does not rule on imposition of death penalty
Question 12
Incorrect
The death penalty has been abolished under the 1987 Constitution.
Select one:
True
False
Correct
Under current laws and jurisprudence, where the death penalty is imposable, the sentence is reduced to reclusion perpetua with no possibility
of parole.
Select one:
True
False
Question 14
Correct
Under current laws and jurisprudence, Death is no longer part of the graduation of penalties for purposes of computing hte proper sentence.
Select one:
True
False
Question 15
Correct
The Supreme Court has ruled that the death penalty constitutes cruel and unusual punishment.
Select one:
True
False
Question 1
Correct
Exempting circumstances exempt the accused from both civil and criminal liablity.
Select one:
True
False
Question 2
Incorrect
a. It is medically diagnosed
Incorrect
Once a person is found to be insane, he may always invoke the exempting circumstance of insanity.
Select one:
True
False
Question 4
Correct
Upon a judgment acquitting a person for insanity, the accused goes free.
Select one:
True
False
Question 5
Correct
In order to exempt a person from criminal liability, the accused must be proven insane at the time of commission of the crime.
Select one:
True
False
Correct
Select one:
True
False
Question 7
Partially correct
Child 15 years old but less than 18, acting without discernment Exempted
Child at least 15 but less than 18, acting with discernment Criminally liable but with mitigating circumstance.
Child 15 years old but less than 18, acting without discernment → Exempted,
Child at least 15 but less than 18, acting with discernment → Criminally liable but with mitigating circumstance.
Question 8
Correct
What is the standard for discernment necessary to render a minor criminally liable?
Question 9
Correct
a. He is sent to jail.
b. He is released
Correct
c. Testimony of relatives
d. Baptismal Certificate
Question 11
Correct
c. Due care
d. Mere accident
e. No injury caused
Correct
The following are the elements of irresistible force as an exempting circumstance, except:
Question 13
Correct
Question 14
Correct
In order to exempt the accused from criminal liability, the threat causing the fear must be greater than or at least equal to the evil that the
accused is required to commit.
Select one:
True
False
Correct
Question 16
Partially correct
b. Husband who kills his spouse and her lover in the act of carnal knowledge
Question 1
Incorrect
a. Incomplete self-defense
Question 2
Correct
Incomplete self-defense may be appreciated as a privileged mitigating circumstance even when there is no unlawful aggression, provided the
other two requisites are present.
Select one:
True
False
Correct
When a majority of the requisites of a justifying or exempting circumstance are not present, there is no mitigating circumstance.
Select one:
True
False
Question 4
Correct
When the accused, who is 16 years old and acted with discernment, is convicted of a crime punishable with more than 6 years' imprisonment,
he shall be subject to:
a. Diversion Program
b. Intervention program
d. Imprisonment as if an adult
Question 5
Incorrect
In order to be appreciated as a mitigating circumstance, the sufficient provocation on the part of hte victim must be immediately before the
commission of the crime.
Select one:
True
False
Correct
For vindication of a grave offense to be appreciated as a mitigating circumstance, no time must pass between the act vindicated and the
criminal act committed.
Select one:
True
False
Question 7
Correct
Select one:
True
False
Question 8
Correct
Passion and obfuscation due to finidng out that a spouse is unfaithful is mitigating.
Select one:
True
False
Correct
Generally, voluntary surrender is mitigating even if a warrant of arrest has already been issued.
Select one:
True
False
Question 10
Incorrect
If a person does not flee upon commission of the crime, this is tantamount to voluntary surrender.
Select one:
True
False
Question 11
Incorrect
A plea of guilt, when made after the presentation of evidence, is not mitigating.
Select one:
True
False
Correct
Any physical defect can be a mitigating circumstance, whether or not it is related to the ability of the accused to act.
Select one:
True
False
Question 13
Correct
Select one:
True
False
Question 14
Incorrect
Select one:
True
False
Incorrect
b. Those which arise from his private relations with the offended party.
Question 16
Correct
An particular circumstance can be used as both a qualifying and aggravating circumstance for the same offense.
Select one:
True
False
Question 17
Correct
Circumstances which consist in the material execution of the contract or the means employed to accomplish it only aggravate the liability of
those who had knowledge of it.
Select one:
True
False
Incorrect
Aggravating circumstances may be appreciated even if they are not stated in the information, provided they are proven at trial.
Select one:
True
False
Question 19
Incorrect
Every time a public officer commits an offense, the aggravating circumstance of abuse of public position can be appreciated.
Select one:
True
False
Question 20
Correct
The aggravating circumstance of comtempt of a public authority does not apply if the accused had no knowledge that the victim was a
person in authority
Select one:
True
False
Question 1
Correct
Disrespect of rank, age, or sex can only be appreciated in crimes against persons or honor.
Select one:
True
False
Question 2
Correct
Dwelling, as regards aggravating circumstances, may be appreciated even if the place is not used exclusively for rest and comfort.
Select one:
True
False
Correct
Select one:
True
False
Question 4
Incorrect
Select one:
True
False
Question 5
Incorrect
In order to be appreciated as an aggravating circumstance, public functions or religious functions must be ongoing in that place.
Select one:
True
False
Correct
So long as a crime is committed at night, the aggravating circumstance of nighttime can be appreciated.
Select one:
True
False
Question 7
Correct
An uninhabited place is determined, not by the distance of the nearest house to the scene of the crime, but whether or not in the place of the
nearest house to the scene of the crime, but whether or not in the place of its commission, there was reasonable possibility of the victim
receiving some help
Select one:
True
False
Question 8
Correct
a. Three
b. One
c. Two
d. Four
Incorrect
To be considered as an aggravating circumstance, the accused must take advantage of the calamity or misfortune
Select one:
True
False
Question 10
Incorrect
When there are only two armed malefactors, there is no aggravating circumstance.
Select one:
True
False
Correct
Offender is convicted of a second offense in the same title of the RPC during his trial for a first offense Recidivism
Accused, who has previously served sentence for a crime that is punished with a greater or equal penalty, or Habituality or reiteracion
two or more crimes punished with a lighter penalty, is convicted of another offense
The accused, before beginning to serve a sentence for a first offense, or while serving the same, commits Quasi-recidivism
another felony.
Within a period of ten years from his last releae or conviction or physical injuries, robbery, theft, estafa, or Habitual delinquency
falsification, is found guilty of any of these crimes a third time or oftener
Within a period of ten years from his last releae or conviction or physical injuries, robbery, theft, estafa, or falsification, is found guilty of any
of these crimes a third time or oftener → Habitual delinquency
Question 12
Correct
Price, reward or promise applies only to the person who received it.
Select one:
True
False
Correct
To constitute evident Premeditation, a sufficient lapse of time between the determination and execution to allow the accused to reflect upon
the consequences of his act, is required.
Select one:
True
False
Question 14
Correct
Where the accused is identified despite the use of disguise, the aggravating circumstance of disguise cannot be considered.
Select one:
True
False
Question 15
Correct
Under the circumstance of TREACHERY , the offender commits a crime against the person, employing means, methods or forms
in the execution thereof which tend directly and specially to insure it's execution.
Correct
Which of the following circumstances is not absorbed by treachery? Select all that apply.
a. Ignominy
d. Evident premeditation
g. Band
Question 1
Incorrect
The aggravating circumstance of "aid of minors under fifteen years of age" has been repealed by RA 9344.
Select one:
True
False
Question 2
Correct
In order to be considered as an aggravating circumstance, the means constituting treachery must be consciously applied.
Select one:
True
False
Correct
Question 4
Correct
If an attack is continuous, the treachery must be present _________; on the other hand, when the attack is not continuous, treachery must be
present ______________.
a. at the beginning of the assault; any time before the fatal blow was given
b. at the moment the fatal blow was given; at the beginning of the assault.
c. at the beginning of the assault; at the moment the fatal blow was given.
d. at any time before the fatal blow is given; at the moment the fatal blow was given.
Correct
IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by
the crime.
Question 6
Partially correct
Crimes against persons, when offended party is higher degree or same degree as offender Aggravating
Correct
Unlawful entry only contemplates entrance to a scene of a crime, and not escape therefrom.
Select one:
True
False
Question 8
Correct
Question 9
Correct
The breaking of a wall, roof, floor, door or window, to be considered as an aggravating circumstance, must have been used to enter a
building.
Select one:
True
False
Incorrect
Select one:
True
False
Question 11
Correct
IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by
the crime.
Question 12
Correct
Select one:
True
False
Correct
There is CRUELTY when the culprit enjoys and delights in making his victim suffer slowly and gradually ,causing him unnecessary
physical pain in the consummation of the criminal act.
Question 14
Correct
Treachery applies to all principals in a crime, regardless of whether they knew about the means used or not.
Select one:
True
False
Question 15
Incorrect
Breaking of a part of a building as a means to commit an offense, aside from a wall, roof, floor, door, or window is not an aggravating
circumstance.
Select one:
True
False
Correct
To be considered as an aggravating circumstance, a motor vehicle's use must be used to facilitate commission or render escape of the
offender easier.
Select one:
True
False
Question 1
Correct
Question 2
Correct
Select one:
True
False
Correct
Select one:
True
False
Question 4
Incorrect
The mere act of giving moral support to the commission of an offense is sufficient participation to be considered a principal by indispensable
cooperation.
Select one:
True
False
Question 5
Incorrect
A stole a Rolex watch from B. A then approached C with the stolen watch, and offered him the watch for 20% of its market price, while
refusing to answer if the watch was stolen.
What is the nature of C's liability?
a. Principal in fencing.
b. Accessory in theft
c. Accomplice in theft
Incorrect
Generally, if the principal by direct participation is acquitted, the principal by inducement is also acquitted
Select one:
True
False
Question 7
Correct
Select one:
True
False
Question 8
Correct
a. Principals
b. Accomplices
c. Accessories
d. Conspirators
Correct
Where the principal by direct participation is acquitted due to justifying or exempting circumstances, the principal by inducement is also
acquitted.
Select one:
True
False
Question 10
Correct
The following are the means by which a person is an accomplice to a crime, except:
a. By harboring, concealing, or assisting in the escap eof the crime, without abuse of public functions
b. By harboring, concealing, or assisting in the escap eof the crime, win a crime of murder.
d. By concealing the body, effects ,or instruments of a crime to prevent its discovery
Question 11
Correct
Select one:
True
False
Correct
When a conspiracy is proven, there is no need to prove all the elements of the felony as to each conspirator.
Select one:
True
False
Question 13
Correct
A CONSPIRACY exists when two or more persons come to an agreement concerning the commission of a felony and decided to
commit it.
Question 14
Correct
Select one:
True
False
Incorrect
As corporations are merely juridical entities, nonl criminal liability can be imputed to it , even through its officers.
Select one:
True
False
Question 16
Correct
In all crimes, a parent of a principal is exempt as an accessory to the crime of the latter.
Select one:
True
False
Question 17
Correct
Even where there are multiple offenders, it is possible that there is no conspiracy.
Select one:
True
False
Incorrect
In MANNER OF INCURR criminal responsbility, the act of one is the act of all. It applie when there is a conspiracy.
Question 19
Correct
A co-conspirator is not liable for another's crime which is not an object of the conspiracy or which is not a necessary and logical consequence
thereof.
Select one:
True
False
Question 20
Incorrect
Select one:
True
False
Question 1
Correct
Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or
accomplices, take part subsequent to its commission, in any of the following manners, except:
a. By profiting themselves or assisting the offender to profit by the effects of the crime
b. BY concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery
c. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public
functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime.
d. By, with intent to gain, for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, the
proceeds of the crime of robbery or theft.
Question 2
Correct
A person may become an accessory even without knowledge of the commission of the crime.
Select one:
True
False
Correct
A public officer may be an accessory to any crime, if he abuses his public functions to harbor, cocneal, or assist in the escape of the principal.
Select one:
True
False
Question 4
Incorrect
A private person may become an accessory by harboring, concealing, or assisting the author of the crime only in the crimes of murder or
parricide.
Select one:
True
False
Question 5
Incorrect
Spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity to the same degrees, may be
exempted from liability as accessories if they commit any of the three modes of being an accessory.
Select one:
True
False
Correct
A PENALTY is the suffering that is inflicted by the State for the transgression of a law.
Question 7
Correct
Select one:
True
False
Question 8
Incorrect
e. Deprivation of rights and reparations which the civil law may establish in penal form
Partially correct
Match the penalties imposable under the RPC with their respective durations
Question 10
Correct
Incorrect
Select one:
True
False
Question 12
Correct
All principal penalties are divisible except for death and reclusion perpetua.
Select one:
True
False