CRIMINOLOGIST LICENSURE EXAMINATION REVIEW

MOCK BOARD EXAMINATIONS

CRIMINAL LAW BOOK 0NE (1)
EASY QUESTIONS

1. Which among the following is not an afflictive penalty?

a. Reclusion perpetua c. prision mayor
b. reclusion temporal d. arresto mayor
2. Under the ________ the maximum duration of the convict’s sentence shall not be
more than three (3) times the length of time corresponding to the most severe
penalties imposed upon him which however shall not exceed forty (40) years.
a. Supreme Court Ruling b. Revised Penal Code
c. 1987 Constitution d. Three fold rule in the service of
sentence
3. Which law prohibited the imposition of the death penalty?

M
a. RA 9262 c. RA 9211

O
b. RA 9346 d. RA 9344
4. What is the first and indispensable requisite of self defense?

.C
a. unlawful aggression

M
b. reasonable necessity of the means employed to prevent or repel it
c. lack of sufficient provocation on the part of the person defending himself
U
d. the person defending be not induced by hatred, revenge or other evil motive.
R
5. A _____ exists when two or more persons come to an agreement concerning the
FO

commission of a felony and decide to commit it.

a. conspiracy c. proposal
KS

b. piracy d. criminal agreement

6. It is that characteristics of criminal law which states that criminal law is binding on all
O

persons who live or sojourn in the Philippines regardless of sex, age and nationality.
O

a. General c. Territorial
b. Practical rospective
FB

7. Article 366 is the second to the last article of the RPC. It says: felonies and
misdemeanors, committed prior to the date of the effectiveness of this Code, shall be
PD

punished in accordance with the Code or acts in force at the time of their commission”
This illustrates one of the characteristics of the Revised Penal Code which is:
T

a. general c. territorial
SI

b. prospective d. extraterritorial.
8. Material crimes are crimes that have three stages namely attempted, frustrated and
VI

consummated stages, whereas __________ are crimes that are consummated in one
instant, that is it may not have an attempted or a frustrated stage such as acts of
lasciviousness, slander, false testimony etc.
a. formal crimes c. continuing crimes
b. material crimes d. complex crimes
9. As a general rule light felonies are punishable only when they are _______, with the
exception of those committed against persons or property.
a. consummated c. attempted
b. frustrated d. none of the above
10. One of the theories in criminal law which states that man is subdued occasionally
by a strange and morbid phenomenon which constrains him to do wrong in spite of or
contrary to his own volition.
a. Positivist theory c. Neo classical theory
b. Classical theory d. All of the above.
1
11. _______ is an act of sovereign power granting a general pardon for past offense
and is rarely exercised in favor of a single individual and is usually granted to certain
classes of persons usually political offenders, who are subject to trial but not yet
convicted.
a. pardon c. parole
b. commutation d. amnesty
12. It is a rule regarding the jurisdiction of a coastal state whenever a crime is
committed aboard a foreign merchant vessel whenever that merchant vessel is within
the jurisdiction of that coastal state. According to this rule such crimes are triable in
that country, unless their commission affects the peace and security of the coastal
state.
a. French Rule c. English Rule
b. Filipino Rule d. American Rule
13. Acts and omissions punishable by law (RPC) are known as:
a. Felonies c. Culpa
b. Fault d. Crimes

M
14. Who grants absolute pardon the effect of which will extinguish criminal liability?

O
a. Chief Executive or President c. Offended party
b. Board of Pardon or Parole d. Supreme Court

.C
15. There is _______ when the criminal act is performed with deliberate intent.

M
a. freedom of action c. fault
b. fault d. dolo or deceit
U
16. When the wrongful act results from imprudence, negligence, lack of foresight or
R
lack of skills then there is:
FO

a. dolo c. fault or culpa

b. deceit d. malice.
KS
O

17. These are circumstances which are grounds for exemption from punishments
O

because there is wanting in the agent of the crime any of the conditions which make
the act voluntary or negligent.
FB

a. exempting circumstances b. justifying circumstances

c. alternative circumstances d. mitigating circumstances
PD

18. What do you mean by the Latin, “NULLUM CRIMEN NULLA POENA SINE
LEGE”?
T

a. There is no crime if the offender is able to bribe the police officer handling his
SI

case.
b. There is no crime if the offender is able to bribe the fiscal prosecuting his
VI

case.
c. Ignorance of the law excuses one from compliance therewith.
d. There is no crime if there is no law punishing it.
19. It is the moving power which impels one to action for a definite result.
a. intent c. motive
b. malice d. lack of foresight
20. What crime exists when a single act constitutes two or more grave or less grave
felonies or when an offense is a necessary means of committing the other?
a. continuing crime c. habitual delinquency
b. transitory crime d. complex crime
21. “Aberratio Ictus” simply means:
a. mistake in the blow b. mistake in the identity
c. result greater than intended d. mistake of fact

2
22. Rhea was driving her car when he bumped Mario. Mario died as a result. At the
trial of the case the prosecutor was able to prove that Rhea had the “mens rea” when
he bumped the victim Mario. Hence the information for Reckless Imprudence resulting
in Homicide was dismissed and a new information for murder was filed against Rhea.
What is meant by “mens rea”?
A. It means that Rhea had menstruation at the time of the crime which might
exempt her.
B. It means Rhea had her monthly period at the time of the commission of the
crime.
C. Mens Rea means Rhea is a men’s woman.
D. Means Rea simply means “criminal intent” that is the act of Rhea was
intentional and not accidental.
23. What kind of executive clemency wipes away the guilt of the convicted person. As
the name implies it is exercised by the President subject to certain constitutional
limitations. In the language of the revered Luis B. Reyes book, it is an act of grace
proceeding from the power entrusted with the execution of the laws which exempts the

M
individual on whom it is bestowed from the punishment the law inflicts for the crime he

O
has committed.
a. Pardon c. Commutation

.C
b. Amnesty d. Parole

M
24. What is incurred by one who commits a felony although the wrongful act is
different from that which he intended? U
a. reward c. imprisonment
R
b. punishment d. criminal liability
FO

25. What is that cause which, in natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury, and without which the result would not
KS

have occurred.
a. efficient intervening cause c. proximate cause
O

b. indeterminate offense d. immediate cause

O

26. The Witness Protection, Security and Benefit Program of the Department of Justice
is:
FB

a. RA 9165 c. PD 968
b. RA 8294 d. 6981
PD

27. ACT 3815 is also known as the Revised Penal Code. When was this Code
approved?
T

a. January 1, 1932 c. December 8, 1930

SI

b. February 2, 1987 d. April 13, 2029

28. What crime is committed which is made against persons or property but which is of
VI

impossible accomplishment because of its inherent impossibility or on the account of

the employment of ineffectual or inadequate means.
A. continuing crimes c. compound crime
B. impossible crimes d. attempted crimes
29. This takes place when the offender commences the commission of a felony
directly by overt acts, and does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his own
spontaneous desistance.
a. consummated felony c. attempted felony
b. frustrated felony d. none of the above
30. A felony is _______ when the offender performs all the acts of execution which
should produce the felony as a consequence but which, nevertheless, do not produce
it by reason of causes independent of the will of the perpetrator.
a. consummated felony c. attempted felony
3
 b. frustrated felony d. infraction of law
31. What aggravating circumstance generally can be applied to all offenses/crimes like
recidivism, dwelling, price, etc?
a. specific c. inherent
b. generic d. qualifying
32. How do you call an offender who within a period of ten (10) years from the date of
his release or from the date of his release or last conviction of the crimes of serious or
less serious physical injuries, robo (robbery) hurto (theft) estafa or falsification is found
guilty of any of said crimes a third time or oftener?
a. recidivist c. reiteration
b. quasi recidivist d. habitual delinquent
33. What is the prescriptive period of crimes punishable by death reclusion perpetua
or reclusion temporal?
a. 5 years c. 15 years
b. 10 years d. 20 years
34. What characteristics of criminal law says that “criminal laws undertake to punish

M
crimes committed in Philippine territory?”

O
a. general c. territorial
b. prospective d. extraterritorial

.C
35. It is an aggravating circumstance done by the offender by which means are

M
resorted to in order to conceal his identity such as covering his face with a
bonnet/handkerchief at the time of the commission of the crime.
a. craft c. disguise
U
R
b. fraud d. ignominy
FO

36. There is _____ when a person who has decided to commit a felony proposes its
execution to some other person or persons.
KS

a. conspiracy c. collusion
b. proposal d. collaboration
O

37. __________ are those where the act committed is a crime, but for reasons of
O

public policy no penalty is imposed.

A. absolutory causes c. mistake of fact
FB

B. exempting circumstances d. instigation

38. In the old days what was followed was the retreat to the wall doctrine. NOW, it has
PD

given way to the stand ground when in the right doctrine which means:
a. where the accused/defender is where he has the right to be, the law does
T

not require him to retreat when his assailant is advancing upon him with a
SI

deadly weapon.
b. the accused/defender must as much as possible retreat when his opponent is
VI

attacking him and fight only when there is no other way of escaping such as when
cornered against the wall.
c. the accused/defender must not fight in any event
d. the accused/defender must stand and wait for the fatal blow until he dies.
39. X, Y and Z conspired to rob the Philippine National Bank in their secret safe
house. While they are planning how to commit the crime, operatives of the NBI barged
in and arrested the group. What crime was committed by X, Y and Z?
a. no crime was committed
b.under the facts no crime was committed as mere conspiracy to commit a
crime is not punishable
c. attempted robbery
d.frustrated robbery
40. X was charged before the court. During the pendency of his trial he died. What
would be the effect of his death on the case involved and on his criminal liability?
4
 a. the criminal case will be dismissed and his criminal liability is
extinguished.
b. the criminal case will proceed and his criminal liability is not extinguished.
c. the criminal case will be archived to wait for his resurrection.
d. actually there will be no effect at all because his relatives will be the one to
face trial and punished in case of his conviction.
41. All of the following are exempted from the operation of our criminal laws EXCEPT:
a. Sovereign Heads and Chiefs of State
b. Ambassadors
c. Consuls
d. Ministers Plenipotentiaries and Charge’s D Afffaires
42. Which article of the Revised Penal Code talks about the extraterritorial provision of
the Revised Penal Code that is even if certain crimes are committed abroad still
Philippine Courts will have jurisdiction to try those certain offenses.
a. article 1 c. article 100
b. article 2 d. article 367

M
43. Which among the following is already punishable by law by mere decision to

O
commit it?
a. conspiracy to commit a very beautiful woman

.C
b. conspiracy to commit rebellion/insurrection

M
c. conspiracy to commit treason
d. conspiracy to kill the Senate President or the Speaker of the House
e. both b and c
U
R
44. All of the following are exceptions to the territorial characteristics of our criminal
FO

laws EXCEPT:
a. Those who should commit an offense while on a Philippine Ship or airship.
KS

b. Those who should forge or counterfeit any coin or currency note of the
Philippine obligations and securities issued by the Philippine government.
O

c. Those who shall commit rebellion against the government o the

O

Philippine Islands even though committed outside the Philippine territory.

d. Those who while being public officers or employees should commit an offense
FB

in the exercise of their functions.

45. Which of the following is always exempted in all cases from criminal liability?
PD

a. person fifteen years of age or under

b. an imbecile
T

c. insane
SI

d. both a and b
46. Which of the following is NOT an element of crimes committed by means of dolo
VI

or deceit?
a. Freedom of action of the offender b. Intelligence of the Offender
c. Criminal intent of the offender d. Imprudence or negligence of the
offender

47. __________ is a misapprehension of fact on the part of the person who caused
injury to another. That person however is not criminally liable because he did not act
with criminal intent. It is expressed in the Latin phrase “ignorantia legis non excusat”.
a. aberration ictus c. mistake of fuck1
b. mistake in the blow d. mistake of fact
1
There is no such thing in criminal law. The example given during the review was supposed to be a joke.
5
48. What is meant by “Actus me invito factus non est meus actus”?
A. There is no crime if there is no law punishing it.
B. An act done by me against my will is not my act
C. The act itself does not make a man guilty unless his intention were so.
D. Ignorance of the law excuses no one from compliance therewith.
49. What is meant by “Actus non facit reum nisi mens sit rea?”
A. There is no crime if there is no law punishing it
B. An act done by me against my will is not my act
C. The act itself does not make a man guilty unless his intention were so.
D. Ignorance of fact excuses one from crime.
50. Which of the following crimes over which the Philippine laws have jurisdiction even
if the same is committed outside the Philippine territory?
a. Espionage
b. misprision of treason
c. Piracy and Mutiny in the high seas
d. treason

M
e. all of the above
51. All of the following are requisites of “obedience to order issued by superior”

O
EXCEPT:

.C
a. an order has been issued by a superior

M
b. such an order was issued for some lawful purpose
c. the means used by the subordinate in carrying the order was lawful
d. none of these
U
R
52. X attempted to commit unjust vexation (a crime against personal liberty and
FO

security), a light felony punishable by arresto menor against Y. Assume that X was
charged before the court of the crime of attempted unjust vexation. What do you think
KS

will most likely happen?

a. X will be convicted as an attempt to commit a crime is punishable.
O

b. X will be convicted but be will placed under probation as the crime is

O

probationable
c. X will be acquitted because an attempted light felony of a crime not
FB

against persons or property is not punishable under the law.

d. X will bribe the prosecutor so as to secure an acquittal.
PD

53. If X committed a crime because he was drunk at the time. But it was proven that
his drunkenness was accidental. Question: How is his accidental drunkenness
T

appreciated as a circumstance affecting his criminal liability?

SI

a. exempting c. mitigating
b. justifying d. aggravating
VI

54. Which of the following is not an element of culpable felonies?

a. Freedom of action c. Intent
b. Intelligence d. Imprudence, negligence, lack of foresight or
lack of skills
55. What crime is said to a crime committed against all mankind and whose
commission affects all territorial boundaries such that the doer of this crime maybe
arrested anywhere in the world he might be seen because he is deemed to be “hostes
humanis generis”?
a. piracy c. drug trafficking
b. treason d. rape
56. When one fails to pay his lawful taxes, or fails to issue receipts for services or
goods rendered or delivered or fails to help his own victim whom he accidentally
wounded, or fails to report an attempted treason there is an __________ which is
defined as the failure to perform an act which is required by law to be done.
6
 a. act c. omission
b. criminal liability d. procrastination .
57. Which of the following does not belong to the group?
a. having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation
b. any person who acts in the fulfillment of duty or in the lawful exercise of right
or office
c. any person who acts in obedience to an order issued by a superior for some
lawful purpose
d. state of necessity or avoidance of greater evil
58. When a person is caught possessing an unlicensed firearm, there must be
“animus possidendi” on the part of the offender so that he may be convicted of the
crime punished by PD 1866 as amended by RA 8294, the law on illegal possession of
firearms. What is meant by animus possidendi?
A. It simply means that there is an animal possessing a firearm.
B. Intent to possess

M
C. Criminal intent

O
D. It means that the possessor of the firearm has no license to carry it.

.C
M
U
59. X, a police officer arrested Y because the latter’s face is very ugly, so ugly that
R
not even Y’s own mother could stomach such an appearance. Among the following
FO

which do you think is the best defense of Y?

A. X himself is also ugly so X had no right to arrest Y.
KS

B. X had no warrant of arrest to arrest Y , therefore the arrest was illegal

C. X has to tell the judge handling the case that “beauty is a relative term and
O

that beauty is in the eye of the beholder.”

D. Y’s possession of ugly face is not punishable by law and the rule is
O

“nullum crimen nulla poena sine lege”

FB

60. In relation to the above question, for what crime would you charge X for arresting
PD

Y?
a. ignorance of the law C. arbitrary detention
b. serious illegal detention D. illegal detention
T

61. What aggravating circumstance is present when a person commits a crime against
SI

the person employing means methods or forms in the execution thereof, which tend
directly and specially to ensure its execution, without risk to himself arising from the
VI

defense which the offended party might make.

A. treachery C. passion
B. ignominy D. cruelty
62. In determining whether the crime has reached the attempted or frustrated or
consummated stage, what should be considered?
a. elements constituting the felony b. nature of the offense
c. manner of committing the felony d. all of the above
63. What crime is committed by one who acting under one criminal resolution,
commits a series of acts in the same place and about the same time and all overt acts
committed violated one and the same penal provisions?
A. complex crime c. delito compuesto
B. special complex crime d. continuing crime
64. Which among the following is a qualifying circumstance to the felony of murder?
A. treachery c. relationship
7
 B. Insanity d. recidivism
65. Under the old law a person under 9 but under 15 years of age is exempted from
criminal liability unless he acted with discernment. Under the new law, RA 9344, also
known as the Juvenile Justice and Welfare Act, A person over fifteen and under 18 is
exempt from criminal liability unless he acted with discernment. What do you mean by
discernment?
a. discernment is the ability of a minor to distinguish between right and
wrong and to fully understand the consequences of his acts.
b. discernment is the act of a minor who commits a crime
c. discernment is the mental attitude displayed by a minor who commits a crime.
d. discernment is a word that can only be understood if one looks for its meaning
in a good dictionary.
66. What is meant by “el que es causa de la causa es causa del mal causado”?
A. he who is the cause of the cause is the cause of the evil caused.
B. ignorance of the law excuses no one
C. there is no crime if no law is punishing it

M
D. act by me against my will is not my act

O
67. What is the purpose of the law in punishing impossible crimes?
A. to suppress criminal propensities or tendencies

.C
B. to keep the potential criminal off the streets

M
C. to serve as an example to others
D. to deter others from committing the same act
U
68. Ambassador Fukimo Mikuto of Japan to the Philippines killed (the) Filipina
R
girlfriend of his boyfriend Ambassador Jackolino Mastovini of Italy. What crime can be
FO

charged against the ambassador? 2

A. murder c. homicide
KS

B. physical injury d. no, crime as she is exempted from our

law
O

69. Under article 5 of the Revised Penal Code, “when ever a court has knowledge of
O

any act which it may deem proper to repress and which is not punishable by law, it
FB

shall render the decision and shall report to the Chief Executive, through the
__________, the reasons which induce the court to believe that said act should be
PD

made the subject of a penal legislation.”

A. Department of Justice c. Department of Interior and Local
Government
T

B. Philippine National Police d. Supreme Court

SI

70. Under article 12 of the RPC, a person is exempted from criminal liability because
of:
VI

A. complete absence intelligence

B. complete absence of freedom of action
C. complete absence of intent
D. complete absence of negligence
E. all of the above
(Note: The next three (3) question are connected to each other)
71. X is a 4th year criminology student. He is deeply in love with Y a beautiful nursing
student who is studying in the same school where he is enrolled. X’s offer of love to Y
was rejected by the latter. It is for this reason that X decided to rape Y. However he
could not perpetrate his bestial desire because Y is always guarded by her 6’10”
basketball player boyfriend. Unable to satisfy his lust, X merely contented himself in
having sexual intercourse with Y in his deepest, wildest, darkest and wettest
imaginations day and night 24/7. What crime did X commit?

8
 a. immorality c. sin
b. attempted rape d. no crime

72. In the above case, assume that X got sick and tired of raping Y in his imagination.
X wanted a real sexual intercourse but could not do so because Y is already taken by
another man and that he is so poor he could not even afford to hire the services of a
prostitute. Feeling desperate for companionship and intimate sexual relations, X did
the unthinkable. One cold, lonely and horrible night he locked himself up in his room
together with “fulgoso” his female dog and forcefully had sex with the latter. What
crime did X commit?
a. rape b. acts of lasciviousness c. damage to property
d. crimes against the order of nature e. none of the above

M
73. Assume this time that X had the opportunity and the luck to somehow slip into the

O
boarding house where Y was sleeping. Nobody was around except him (X) and Y as
Christmas vacation had just begun. X commenced the commission of the crime of rape

.C
by forcefully undressing Y, touching her and her private parts and undressing himself

M
as well. In his stark and naked glory, X grabbed his erected offending organ pointed it
at Y’s private part and was about to insert it to Y’s vagina when in what could be the
U
most bizarre twist of fate, X suddenly suffered from a premature ejaculation against his
R
will causing his private part to go soft and limp and remained in that state despite
FO

efforts of X to revive its former glory. No penetration took place as a result as it very
difficult to penetrate another with a flaccid organ. X was apprehended thereafter. What
KS

crime did X commit?

a. impossible crime c. attempted rape
O

b. frustrated rape d. consummated rape

O

74. A wanted to kill B. He thought of mixing poison in the drink of the latter. He went to
the supermarket and bought a pack of rat killer with the intention to mix its contents to
FB

the drink/food of B. On his way home, with the rat killer on his hand he was
apprehended by the NBI authorities. What crime did A commit?
PD

a. no crime c. sin
b. attempted murder d. attempted homicide.
T

75. An adult man killing a child (not related to him) is always:

SI

a. infanticide c. murder
b. cowardice d. parricide
VI

76. Which of the following words does not belong to the group?
a. intent c. lack of skill
b. lack of foresight d. imprudence or negligence
77. X was caught in the act of pouring gas in the house of another. He was about to
strike the match in preparation to set the house on fire when he was stooped by alerted
citizens. What crime was committed?
a. consummated arson c. attempted arson
b. frustrated arson d. no crime
78. X got mad with his neighbor so he lit a rag soaked with gas and place it against
the wall of his neighbor’s house. A small, very small portion, repeat, very small portion
only of the house was burned. The fire that burned that portion could not have even
hurt anyone. Luckily the fire was put out before it become a major one. What crime
was committed?
a. impossible crime of arson c. frustrated arson
9
 b. attempted murder d. attempted arson e. arson 3
79. Grave abuse of confidence is an example of what king of aggravating
circumstance?
a. qualifying c. inherent

b. generic d. specific
80. Which is NOT a common requisite of justifying circumstances of self defense,
defense or relatives and defense of strangers?
a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it;
c. the person defending be not induced by renege, hatred or other evil
motive
d. both a and b
81. USS Destroyer of the U.S. Navy was anchored along the stretch of Subic Bay
when Cdt. 1st Class Steve Austin stabbed to death his fellow American soldier by the
name of Lance Corporal Shawn Michaels. The stabbing incident happened inside the

M
USS Destroyer. Which Court shall have jurisdiction over the crime?

O
a. Philippine Court b. Regional Trial Court of
Olongapo

.C
c. U.S. Courts d. Philippine Supreme Court

M
82. One of these statements is NOT true. Which one is it? 4
a. in provocation, the cause that brought about the provocation need not be a
grave offense.
U
R
b. in vindication, the grave offense must be made directly only to the
FO

person committing the felony and no other else

c. in provocation, it is necessary that the provocation or threat immediately
KS

preceded the act, in other words there must be no interval of time between the
provocation and the commission of the crime
O

d. in vindication, the vindication of the grave offense must be proximate which

O

admits of an interval of time between the grave offense done by the offended party and
the commission of the crime as a retaliatory measure of the accused
FB

(Note: The next three (3) questions are related to each other.)
83. Ah Chong was afraid of bad elements. One night he locked himself in his room by
PD

placing a chair opposite the door. Suddenly he was awakened by someone trying to
open the door. He asked angrily “Who is there?!” but received no reply except
T

another barrages of violent knockings. Fearing for his life he got out of bed and uttered
“I will kill you if you enter the room”. At that precise moment, he was struck by the
SI

chair that was placed against the door, and believing that his life was in grave danger
VI

he got a kitchen knife and struck and killed the unwanted intruder. It turned out that the
supposed intruder was his very own lawfully wedded wife and that she was just playing
a practical joke.
Lets us assume that Ah Chong is criminally liable. For what crime would Ah Chong be
held liable with?
a. homicide c. attempted parricide
b. frustrated murder d. parricide

84. In relation to the above facts, in reality, Ah Chong is not supposed to be held
criminally liable by the law because Ah Chong acted under:

10
 a. mistake of fact c. self defense
b. uncontrollable fear d. death under exceptional
85. In relation again to the above facts, which of the following would be least material
in the prosecution of the case assuming that Ah Chong is prosecuted before the court?
A. The warning “I will kill you if you enter the room”
B. The Chair
C. The Knife
D. The Bed
86. X, a Filipino is married to Y a Filipina in the Philippines. After a few months of
marriage, X discovered that Y farts with a sound louder than that produced by both the
Hiroshima and Nagasaki atomic bombs combined. This turned X off and wished for a
separation. Unable to secure an annulment of his marriage, X went to the United
States and married Z, a woman who farts with much more finesse and with less
produced sound as measured on the decibel scale. What crime was committed by X?
a. kababawan c. infidelity
b. bigamy d. no crime was committed.

M
87. In the above question, no crime was committed by X because:

O
a. Philippine society has grown tolerant to men who marry for a second or third
time.

.C
b. It will serve a lesson to women who after luring men into marrying them and

M
represent that they were pure and decent and god-like would suddenly, after getting
what they want from their men show their true colors by farting at their men straight on
the latter’s faces.
U
R
c. Philippine legislators are mostly men and had deliberately omitted to enact
FO

laws making laws that will punish X’s act.

d. If ever the crime committed by X was bigamy but the act of marrying the
KS

second time during the subsistence of the prior marriage was committed abroad
and the crime of bigamy has no extraterritorial effects hence the territorial
O

characteristics of criminal law finds application. In other words the crime was
O

committed outside the Philippines therefore no crime was committed by X.

88. X committed a crime during the time that his mind is lucid (sane). At the time of his
FB

trial he became insane. What will be the implication of his insanity to his trial or criminal
liability?
PD

a. he is exempted from criminal liability because of article 12 paragraph 1.

b. trial will proceed but if the judge finds him guilty then the sentence is
T

suspended
SI

c. trial will be suspended until he regains his mental sanity.

d. the case will be dismissed
VI

e. no effect at all
89. A, B, C and D conspired to rape E. F, a neighbor of A, B, C and D knew all along
the plan of A B C and D because he used to eavesdrop on A B C and D’s
conversation but did not report the conspiracy to the authorities. . Lets us say that A B
C and D had actually consummated the rape of E. In this case F is:
a. a co-conspirator b. should be held liable for omission
c. an accomplice d. not criminally liable
90. A with intent to kill, fired his gun at B. He inflicted a mortal wound. A sudden twist of
his conscience made A repentant when he saw B wounded and dying. So A himself
brought B to the hospital. B survived as a result of medical intervention. What crime did
A commit?
A. frustrated felony c. frustrated murder e. no crime
B. consummated felony d. physical injury

11
91. X committed suicide by jumping down from the 3rd floor of a building. However an
unfortunate balut vendor who was plying his trade became X’ shock absorber when X
accidentally drop on top of him. X lived while the balut vendor died. What crime was
committed by X?
A. no crime c. homicide
B. reckless imprudence resulting to homicide d. physical injuries
92. A band of robbers tried to rob a bank. X a policeman responded in the crime scene.
An exchange of gunfire ensued. After the shootout all the bank robbers are lying dead,
including the bank manager. Upon investigation, it was found out that the bullet which
killed the bank manager came from the gun used by X. In other words X was the one
who hit the bank manager in the course of the shootout. X is:
A. liable for the death of the manager and robbers
B. liable for the death of the manager only
C. not liable at all
D. guilty of reckless imprudence.
93. X saw his enemy Y lying on his bed. X saw an opportunity to kill Y so he lunged on

M
the latter a series of hard stabbings. Unknown to X, Y already died of heart attack an

O
hour ago. We all know that X committed an impossible crime of murder. There is no
doubt about doubt that. However let us assume that X already knew that Y was already

.C
dead when he stabbed the already lifeless body of Y. In this case what crime was

M
committed by X?
A. still impossible crime c. unjust vexation
B. damage to property
U d. no crime
R
94. X was convicted of Homicide today. Judgment became final in due course. Assume
FO

that about two months from today X this time is convicted of murder. How do you
classify X?
KS

a. recidivist c. hardened criminal

b. habitual delinquent d. quasi recidivist
O
O

95. X with intent to kill aimed his gun against Y. X did not know that the gun was
empty as it had no bullet in its cylinder. As a result when he pressed the trigger it did
FB

not fire. What crime was committed by X?

A. impossible crime c. katangahan
PD

B. attempted felony d. attempted homicide or murder.

96. In the immediately preceding number, let us assume that X had actually made
T

sure that the gun had live bullets. Now with intent to kill he aimed his gun against Y.
SI

But the gun did not fire. This time the reason for the non firing of the gun was that the
gun suffered a malfunction as the bullet jammed altogether. What crime was
VI

committed by X?
A. impossible crime c. kamalasan
B. attempted felony d. frustrated felony
Note: The next six (6) questions are related to each other
97. Dr. X had long wanted to kill Y his lawfully wedded wife. So one night he mixed
whitish substances (arsenic) on the soup of the latter. When the wife had already
finished her meal including the soup with poison, Dr. X had a sudden change of heart
and decided to save the life of the wife by employing his knowledge in toxicology. He
immediately administered an antidote. The antidote administered by Dr. X prevented
the death of the wife who however unfortunately became vegetable like (nabaldado)
thereafter. What crime was committed by Dr. X?
a. attempted parricide d. consummated physical injuries
b. frustrated parricide e. consummated serious physical injuries
c. attempted murder f. no crime was committed by Dr. X.
12
98. Which of the following elements of a frustrated crime was not present in this case.
a. the offender performed all the acts of execution;
b. all the acts performed would produce the felony as a consequence;
c. the felony is not produced by reason of causes independent of the will
of the perpetrator.
99. Which of the following statement is not true?
a. In justifying circumstance, there is no civil liability except in state of necessity
also known as avoidance of greater evil.
b. In exempting circumstance there is a crime but there is no criminal
c. A person who acts by virtue of a justifying circumstance does not transgress
the law because there is nothing in the act as well as in the intention of the
person which is unlawful.
d. None of these (as all of them are true)
100. Which of the following circumstances will most likely affect or aggravate Dr. X’s
criminal liability?
a. dwelling c. nightime

M
b. relationship d. evident premeditation

O
101. Let us assume that Dr. X did not have a change of heart and upon seeing his
wife at the threshold of death, he merely laughs at the latter. Assuming that it was

.C
another doctor who saved the life of the wife, what crime was committed by Dr. X?

M
a. consummated physical injuries c. frustrated parricide
b. frustrated murder d. serious physical injuries
U
102. Assume that instead of arsenic, Dr. X mistook sugar for a poison and mixed them
R
to the soup of his wife. Naturally the wife will not die. What crime was committed by Dr.
FO

X?
a. attempted murder c. impossible crime
KS

b. attempted parricide d. frustrated physical injuries

or homicide.
O

103. Let us assume that Dr. X and his wife are only commonly law husband and wife
(they are not married). Dr. X mixed poison on the latter’s soup. The latter died. What
O

crime was committed by Dr. X?

FB

a. parricide c. murder
b. homicide d. illegal practice of medicine
PD

104. X, a member of “Akyat Bahay” was caught by a police officer in the act of
removing the wooden boards/jalousies of “Mang Kepweng’s Sari Sari Store”. The
T

police officer testified that X was about to enter the store when he actually affected the
SI

arrest of X. What crime was committed by X?

a. attempted trespass to dwelling c. attempted robbery
VI

b. attempted rape or homicide d. attempted violation of domicile

105. All of the following are requisites of evident premeditation EXCEPT:
a. time when the offender decided to commit the crime
b. an act manifesting that the culprit has clung to his determination
c. sufficient lapse of time between the determination and execution, to allow the
offender to reflect upon the consequences of his acts and to allow his conscience to
overcome the resolution of his will
d. at least one day reflection or meditation by the offender
106. X, a cockfighting (sabong) addict stole one of the fighting cocks (manok
panabong) of Manny Pacquiao. X thought that he scored a “big hit” because
Pacquiao’s fighting cocks are reputed to be the fiercest and the toughest breed in the
world. To his surprise and disappointment however, the fighting cock which he stole
from the Pacquiao farm was a gay (binabae) fighting cock as it would constantly run
when pitted against another fighting cock. Out of disgust, he returned the fighting cock
13
to the farm where he stole it but unfortunately he was caught by a guard while in the
act of returning it. What crime did X commit?
a. consummated theft b. attempted theft
c. no crime because he returned the fighting cock d. impossible crime
107. Which of the following is a continuing crime/offense?
a. a thief taking two fighting cocks from the same backyard belonging to different
persons
b. a robber robbing one house in Cavite and then robbed another house in
Muntinlupa and then robbed another house in Manila one after the other
c. a band of robber robbing a passenger jeepney the robbery taking place
along the strech of the highway whose jurisdiction belong to different cities.
d. all of the above.

108. Which among the following is a compound crime?

A. X placed a bomb in a plane causing it to explode killing several people.
B. X fired his gun twice in succession aimed against two different person killing

M
both of them.

O
C. The accused fired a machine gun against different persons. The first burst of
shots killed two people. the second killed an undetermined number.

.C
D. X raped B and C at the same time one after the other.

M
109. Which among the following is an exempting circumstance?
a. any person who in order to avoid an injury does an act which causes damage
to another
U
R
b. any person who acts in the fulfillment of duty or in the lawful exercise of a right
FO

or office
c. An act done under the impulse of an uncontrollable fear of an equal or greater
KS

injury
d. Any person who acts under the compulsion of an irresistible force
O

e. Having acted under the impulse so powerful as naturally to have produced

O

passion or obfuscation
f. None of the above
FB

g. Both c and d
110. Which of the following is a mitigating circumstance?
PD

a. offender had no intention to commit so grave a wrong as that committed

b. offender is over 70 years old
T

c. immediate vindication of grave offense

SI

d. passion or obfuscation
e. incomplete justifying or incomplete exempting circumstance
VI

f. all of the above are mitigating.

111. All of the following are requisites of avoidance of greater evil or state of necessity
EXCEPT:
a. that the evil sought to be avoided actually exists
b. that the injury feared be greater than that done to avoid it
c. that there be no practical or less harmful means of preventing it
d. that the offender must exercise due care.
112. X without the consent of Y took the cell phone of Y. Z, without participating in the
commission of the act but knowing that the phone was stolen volunteered to sell the
cell phone to W for P1000. Both X and Z shared 60/40 in the proceeds of the sold
stolen cell phone. What crime and degree of participation was committed by X?
a. principal in consummated robbery b. principal in consummated theft

c. principal in frustrated theft d. principal in anti fencing.

14
113. What crime was committed by Z?
a. accomplice in consummated theft b. principal in consummated
theft
c. accessory in consummated theft d. co conspirator in theft
114. Assume that W knew or had reason to believe that the cell phone was stolen and
yet he still bought it, did W commit any crime?
a. yes violation of anti-fencing law
b. no criminal liability at all
c. yes actually W can be charged both as an accessory in the crime of theft
and violation of PD 1612 the Anti fencing Law at the same time.
d. Yes as accessory but he is exempted.
115. X (as principal) committed the crime of Homicide (consummated) which is
punishable by Reclusion Temporal. He pleaded guilty to the charge at the arraignment.
Determine his penalty.
A. Prision mayor (any period) as minimum to Reclusion temporal (minimum
period) as the maximum period of the indeterminate penalty.

M
B. Prision mayor (minimum) as minimum to Reclusion temporal (any period) as

O
the maximum period of the indeterminate penalty
C. Reclusion temporal as the minimum period to reclusion perpetua as maximum

.C
D. Prision mayor.

M
116. X (as principal) committed grave coercion (consummated) punishable by prision
correctional. There was one aggravating circumstance in the commission of the crime
let us say “with the aid of armed men”. Fix his penalty.
U
R
A. arresto mayor (any period) as minimum to Prision correctional
FO

(maximum period) as maximum period of the indeterminate penalty.

B. arresto mayor (medium period) as minimum to Prision correctional (any
KS

period) as maximum period of the indeterminate penalty.

C. Prision correctional medium to Prison mayor as maximum period
O

D. None of the above.

O

117. There are three (3) inherent powers of the state. Which power is that which
promotes the public welfare by restraining and regulating property and the exercise of
FB

liberty?
a. police power c. taxation
PD

b. power of eminent domain d. martial

118. The first man to be executed via lethal injection in the Philippines:
T

a. Dave Batista c. Fedor Emilialenko

SI

b. Tito Ortiz d. Leo Etchegaray

119. The first woman to be sentenced to die via lethal injection in the Philippines5
VI

a. Josefina Esparas c. Tracy Lords

b. Carmen Luvana d. Jenna Haze

1.D
2D
3B
4A
5A
6A
5
Her death sentence however was never carried out.
15
7B
8A
9A
10A
11D
12C
13A
14A
15D
16C
17A
18D
19C
20D
21A
22D

M
23A

O
24D
25C

.C
26D

M
27C
28B
29C
U
R
30B
FO

31B
32D
KS

33D
34C
O

35C
O

36B
37A
FB

38A
39B
PD

40A
41C
T

42B
SI

43E
44C
VI

45D
46D
47D
48B
49C
50E
51D
52C
53C
54C
55A
56C
57A
58B
16
59D
60C
61A
62D
63D
64A
65A
66A
67A
68D
69A
70E
71D
72E
73C
74A

M
75C

O
76A
77C

.C
78E

M
79A
80C
81C
U
R
82B
FO

83D
84A
KS

85D
86D
O

87D
O

88C
89D
FB

90D
91A
PD

92C
93D
T

94A
SI

95A
96B
VI

97E
98C
99D
100D
101C
102C

103C
104A
105D
106A
107C
108A
109G
17
110F
111D
112B
113C
114C
115A
116A
117A
118D
119A

M
O
.C
M
U
R
FO
KS
O
O
FB
PD
T
SI
VI

18