1. If motive is not an element of felony, when does it become relevant?

c. When the identity of the accused is unknown.

2. 38. A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is
not wholly excusable by reason of the lack of some of the conditions required to justify the same or to
exempt from criminal liability in the several cases mentioned in article 11 and 12

O c. provided that the majority of such conditions be present.

3. 5. Generic aggravating circumstances are:

b. Those that can generally apply to all crimes.

6. Inherent aggravating circumstances are:

c. Those that must accompany the commission of the crime and is therefore not considered in
increasing the penalty to be imposed.

32. In the crime of Rape, what is the effect of the marriage of the accused and the offended party?

b. Pardon by the offended party extinguishes the criminal action.

Penal Presidential Decrees issued during the Martial Law are sources of criminal laws in the Philippines.

b. True

It is the basis of criminal intent as an element of crime.

c. Actus non facit reum nisi mens sit rea

7. The aggravating circumstance of taking advantage of his public position is a

O b. Inherent aggravating circumstance.

48. Robin, a hired killer, successfully killed Mrs. Jones. He was caught in flagrante delicto, arrested and
charged in court for the crime committed. During the hearing of the case, Richard, the deceased’s ex-
husband, gave Robin money as an expression of his appreciation for killing his ex-wife. The aggravating
circumstance of price, reward, or promise may be appreciated by the Court to increase the penalty.

d. False, because the money was voluntarily given and there was no previous agreement or promise
which induced Robin to commit the crime.

36. A ________ is one who, at the time of his trial, for one crime, shall have been previously convicted
by final judgment for another crime embraced in the same Title of this Code.

c. Recidivist

8. Mistake of fact (ignorantia facti excusat) is a valid defense in People vs. Oanis when the police officers
shot the convict who escaped from prison, who was sleeping and lying prone position when they arrive.

b. False

28. Ms. Butalid, after having been crowned as Ms. Criminology 2022 conspired with Ms. Turtogo to kill
the crowned Mr. CRIM because they have a better bet, in the name of Steven Abad, to join and
represent the College of Criminal Justice. Both made the planning, provided the date, time and the
manner of executing the crime, and prepared the price- money for whoever can execute the killing. In
the commission of the offense, the other girls (Ms. Acop, Ms. Ramos); and the "not-so-girls" (Mr. Kho,
Mr. Kidlat, and Mr. Sarangaya) of CLJ 211 participated. Their participation in the commission of the
crime are as follows: Ms. Acop lured Mr. CRIM to a dinner date and placed a sedative on his apple juice;
Ms. Ramos drove the SUV bringing Mr. CRIM to the vacated warehouse; Mr. Kho provided the GPS and
the map to the warehouse; Mr. Kidlat stab Mr. CRIM in the neck causing his instantaneous death; Mr.
Sarangaya buried the instruments of the crime and buried the dead body to a vacant lot 5 municipalities
away from the crime scene. Choose the correct statement below:

O a. Ms. Butalid is a principal by inducement.

29. Ms. Butalid, after having been crowned as Ms. Criminology 2022 conspired with Ms. Turtogo to kill
the crowned Mr. CRIM because they have a better bet, in the name of Steven Abad, to join and
represent the College of Criminal Justice. Both made the planning, provided the date, time and the
manner of executing the crime, and prepared the price-money for whoever can execute the killing. In
the commission of the offense, the other girls (Ms. Acop, Ms. Ramos); and the “not-so-girls” (Mr. Kho,
Mr. Kidlat, and Mr. Sarangaya) of CLJ 211 participated. Their participation in the commission of the
crime are as follows: Ms. Acop lured Mr. CRIM to a dinner date and placed a sedative on his apple juice;
Ms. Ramos drove the SUV bringing Mr. CRIM to the vacated warehouse; Mr. Kho provided the GPS and
the map to the warehouse; Mr. Kidlat stab Mr. CRIM in the neck causing his instantaneous death; Mr.
Sarangaya buried the instruments of the crime and buried the dead body to a vacant lot 5 municipalities
away from the crime scene. Choose the correct statement below:

d. Ms. Turtogo is a principal by inducement.

41. Preventive imprisonment is _______.

b. not a penalty.

28. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it -

O b. is not criminally liable, as he is exempt from criminal liability.

28. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it -

O b. is not criminally liable, as he is exempt from criminal liability.

3. The following are the 3 phases of the cycle of violence characterizing Battered Woman Syndrome.

b. Tension Building phase, Acute Battering incident, Tranquil period

18. A fine of Php41,000.00, whether imposed as a single or as an alternative penalty, shall be considered
_____.

d. Correctional

47. The offender at the time of his trial for one crime shall have been previously convicted by final
judgment of another embraced in the same Title of the Revised Penal Code. The offender is properly
called –

a. Recidivist

20. In justifying circumstances, the person is deemed not to have transgressed the law and is free from
both criminal and civil liability, except:

b. State of necessity
28. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it -

O a. is criminally liable, but the penalty will be mitigated.

Walt, of legal age, is convicted of violating RA No. 9165 (Comprehensive Dangerous Drugs Act of 2002),
specifically for possessing 1,000 kilos of cocaine. At the time he was arrested, he was found positive for
drug use and this circumstance is stated in the Information. Walt entered a plea of guilty. The judge
sentences him to life imprisonment (which is the penalty provided for the amount of the drugs
possessed) without considering the mitigating circumstance. Is the judge correct?

c. Yes, he is correct because the Dangerous Drugs Act specifically provides that the provisions of the
Revised Penal Code will not apply suppletory to its provisions, except if the offender is a minor.

13. Mr. Q is an anti-narcotic agent of the Government who acted as a poseur buyer of shabu and
negotiated with Mr. B, a suspected drug pusher who is unaware that Mr. Q is a police officer. Mr. Q then
issued a marked money to Mr. B who handed a sachet of shabu to Mr. Q. Thereupon, Mr. Q signaled his
anti-narcotic team to close-in and arrest Mr. B. This is a case of entrapment because the criminal mind is
in Mr. B already when Mr. Q transacted with him..

O b. True

7. Ms. Butalid, after having been crowned as Ms. Criminology 2022 conspired with Ms. Turtogo to kill
the crowned Mr. CRIM because they have a better bet, in the name of Steven Abad, to join and
represent the College of Criminal Justice. Both made the planning, provided the date, time and the
manner of executing the crime, and prepared the price-money for whoever can execute the killing. In
the commission of the offense, the other girls (Ms. Acop, Ms. Ramos); and the “not-so-girls” (Mr. Kho,
Mr. Kidlat, and Mr. Sarangaya) of CLJ 211 participated. Their participation in the commission of the
crime are as follows: Ms. Acop lured Mr. CRIM to a dinner date and placed a sedative on his apple juice;
Ms. Ramos drove the SUV bringing Mr. CRIM to the vacated warehouse; Mr. Kho provided the GPS and
the map to the warehouse; Mr. Kidlat stab Mr. CRIM in the neck causing his instantaneous death; Mr.
Sarangaya buried the instruments of the crime and buried the dead body to a vacant lot 5 municipalities
away from the crime scene. Choose the correct statement below:

Mr. Sarangaya is an accessory.

Gina and Gino are onboard Cokaliong, a ship of Philippine registry, for a cruise in celebration of their 5th
year of marriage. While the Cokaliong is treading Singaporean waters, Mr. A was caught selling cocaine
and shabu to the spouses Gina and Gino. Choose the correct statement below:

d. Mr. A is liable under Singaporean Criminal Laws, because the crime committed does not merely
relate to internal management of the vessel

8. Mistake of fact (ignorantia facti excusat) is a valid defense in People vs. Oanis when the police officers
shot the convict who escaped from prison, who was sleeping and lying prone position when they arrive.

O c. False

13. Whenever a court has knowledge of any act which it may deem proper to repress and which is not
punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through
the Department of Justice, the reasons which induce the court to believe that said act should be made
the subject of penal legislation. What is meant by “proper decision” in preceding sentence? a.
Recommendation for Executive Clemency

b. Acquittal

Sheldon, Raj, and Penny (who were classmates in CLJ 211 class), chanced upon each other at a bar and
got around to talking about their other classmate and common "enemy," JESSIE. Penny said, "I really
want to see JESSIE dead," to which Sheldon and Raj expressed their agreement. While the 3 were
talking, JESSIE suddenly walked through the door. Upon seeing JESSIE, Sheldon hurled a beer bottle at
JESSIE, hitting him on the head, while Raj grabbed a steak knife and stabbed JESSIE. Penny then started
kicking JESSIE while he is on the floor. JESSIE died. What are the respective liabilities of Sheldon, Raj, and
Penny?

a. Their acts indicate an implied conspiracy so they can each be held liable for the acts of the others.

Actus me invito factus non est meus actus means that the act cannot be criminal if the mind is not
criminal.

Od. False

The following are divisible penalties, except?

d. Reclusion Perpetua.
42. A deduction of ______ of the period of his sentence shall be granted to any prisoner who, having
evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned
in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A
deduction of __________ of the period of his sentence shall be granted in case said prisoner chose to
stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code

b. one-fourth, two-fourths

The Doctrine of Immunity may be invoked by an Ambassador in his private capacity.

O a. False

The prospectivity of penal laws is consistent with the fundamental rule that:

d. There is no crime when there is no law that punishes it.

All are elements of intentional felony, except

b. Motive

Manolito, who is an avid collector of Kdrama Series, is invited into the house of a fellow Kdrama fanatic,
Cecilia. Unknown to Manolito, Cecilia was the one who took from his house an entire collection of
Kdrama Series. Upon seeing the Kdrama Collection set without knowing that it belonged to him,
Manolito took it and put it in his bag and left Cecilia’s house. What can Manolito be charged with?

d. Impossible Crime

4. The following describe Acute Battering Incident, except:

Od. The woman tries to pacify the batterer through a show of kind, nurturing behavior, or by simply
staying out of the way.

49. When the crime is committed in consideration of a price, reward, or promise, there are at least
persons involved, namely:

b. Principal by inducement and principal by direct participation

10. In error in personae, if the penalty prescribed for the felony committed be higher that that
corresponding to the offense which the accused intended to commit, the penalty corresponding to the
latter shall be imposed in its maximum period.

d. False

6. During a concert of Gary V., and in order to prevent the crowd from rushing to the stage, Rafael (a
security guard) pointed his gun at the onrush of people. When the crowd still pushed forward, Rafael
fired his gun into the air to scare them off. However, the bullet hit one of the metal roof-supports,
ricocheted and then hit one of the stage crew members, causing injuries which resulted in the latter’s
confinement in a hospital for 12 days. Choose the applicable doctrine in the case.

b. Exempting circumstance due to absence of freedom

In accordance with Republic Act 9344 or Juvenile Justice and Welfare Act of 2006, if there is judgment of
conviction, the child in conflict with the law shall be placed under

c. Automatic Suspension of Sentence

Choose the correct statement below:

b. Under the French Rule, the flag or nationality of the vessel determines jurisdiction, unless the crime
violates the peace and order of the host country.

37. Privileged mitigating circumstances can be offset by aggravating circumstances.

d. False

The following describes a Principal by Direct Participation, except: .

He is liable for conspiracy.

14. Because the members of an anti-narcotic team are already known to drug pushers, A, the team
leader, approached and persuaded B to act as a buyer of shabu and transact with C, the suspected drug
pusher. For the purpose, A gave B marked money to be used in buying shabu from C. After C handed the
sachet of shabu to B and the latter handed the marked money to C, the team closed-in and placed B and
C under arrest. Under the facts, B is not criminally liable for his participation in the transaction because
he was acting only under instigation by the law enforcers.
a.True

7. The aggravating circumstance of taking advantage of his public position is a __________.

c. Inherent aggravating circumstance.

executing the crime, and prepared the price- money for whoever can execute the killing. In the
commission of the offense, the other girls (Ms. Acop, Ms. Ramos); and the "not-so-girls" (Mr. Kho, Mr.
Kidlat, and Mr. Sarangaya) of CLJ 211 participated. Their participation in the commission of the crime are
as follows: Ms. Acop lured Mr. CRIM to a dinner date and placed a sedative on his apple juice; Ms.
Ramos drove the SUV bringing Mr. CRIM to the vacated warehouse; Mr. Kho provided the GPS and the
map to the warehouse; Mr. Kidlat stab Mr. CRIM in the neck causing his instantaneous death; Mr.
Sarangaya buried the instruments of the crime and buried the dead body to a vacant lot 5 municipalities
away from the crime scene. Choose the correct statement below:

O c. Ms. Acop is a principal by indispensable cooperation.

1. An organized/syndicated crime group consists of:

a.
At least 2 armed persons collaborating for purposes of gain.

b.
At least 3 armed persons collaborating for purposes of gain.

c.
At least 5 armed persons collaborating for purposes of gain.

d.
At least 4 armed persons collaborating for purposes of gain.
Feedback
The correct answer is: At least 2 armed persons collaborating for purposes of gain.

2. ___________ are expressly imposed by the court in the judgment of conviction.

a.
Principal penalties.

b.
Accessory penalties.

c.
Subsidiary penalties.

d.
All of the above.
Feedback
The correct answer is: Principal penalties.

3. ___________ are those that are deemed included in the imposition of the principal
penalties.
a.
Accessory penalties.

b.
Subsidiary penalties.

c.
All of the above.

d.
Principal penalties.
Feedback
The correct answer is: Accessory penalties.

4. Arrest and temporary detention of accused is a form of penalty.

a.
False.

b.
True.

c.
Partly false.

d.
Partly true.
Feedback
The correct answer is: False.

5. Barney conspired with Robbin to kill his neighbor, Ross. Following their plan, Robin
invited Ross to dinner and slipped a paralyzing drug into his drink so that Barney can
come in to kill Ross. However, Robin failed to account for Ross’s allergy to the drug,
which resulted in Ross’s death as a result of the drug. What would the respective
liabilities of Robin and Barney be for the death of Ross?

a.
Barney would not be liable because there is no separate felony of conspiracy to kill
another person, but Robin would be liable for the death of Ross.

b.
Barney and Robin would be equally liable as co-conspirators.

c.
Barney would not be liable because there is no separate felony of conspiracy to kill
another, but Robin would be liable for reckless imprudence resulting in homicide.

d.
Barney would be liable as an accomplice while Robin would be liable as principal.
Feedback
The correct answer is: Barney would not be liable because there is no separate felony of
conspiracy to kill another person, but Robin would be liable for the death of Ross.

6. BBM is the incumbent Mayor of Cebu City. He went to Africa to meet with Mr. Ong
(the owner of Megaworld) to receive a gift in consideration of his refusal to provide the
necessary permits to Ayala Land (the competitor of Megaworld)? Choose the correct
statement below.

a.
BBM is liable for Direct Bribery even if the crime was committed in Africa because he
committed an extraterritorial crime.

b.
BBM is liable for Direct Bribery because the crime was committed in Africa, under the
principle of generality of Philippine penal law.

c.
BBM is not liable for Direct Bribery because the crime was committed in Africa, under
the principle of territoriality of Philippine penal law.

d.
BBM is not liable for Direct Bribery because the crime does not qualify as extraterritorial
crime, as it is not committed on board Philippine ship or airship.
Feedback
The correct answer is: BBM is liable for Direct Bribery even if the crime was committed in
Africa because he committed an extraterritorial crime.

7. Choose the incorrect statement below:

a.
Decriminalization shall be given retroactive effect, provided the accused is not a habitual
criminal.

b.
If under the present law, the act alleged in the Information is not punishable, there is no
jurisdictional basis for the court to punish the accused.

c.
If the law expressly provides retroactivity, the law shall be applied to acts committed
prior to its effectivity.

d.
If the law is favorable to the accused, it shall be applied retroactively.
Feedback
The correct answer is: Decriminalization shall be given retroactive effect, provided the
accused is not a habitual criminal.

8. Describe the Doctrine of Immutability of Judgment.

a.
A decision that has acquired finality may no longer be modified in any respect, even if
the medication is meant to correct erroneous conclusions of fact and law.

b.
All of the above.

c.
A decision that has acquired finality may no longer be a subject of a Motion for
Reconsideration and Appeal.

d.
A decision that has acquired finality becomes unalterable.
Feedback
The correct answer is: All of the above.

9. DP points a gun, which he knows is not loaded, at Scott and says “magdasal ka na, eto
na ang huling ara mo!” He pulls the trigger, knowing that no bullet will be fired. Scott,
unaware that the gun is not loaded, suffers a heart attack because of the fear arising
from DP’s act and dies. What is DP’s liability, if any at all?

a.
DP is liable for a consummated felony by culpa because he was negligent in not
foreseeing the effect on his act on Scott.

b.
DP is liable for a consummated felony under the principle of praeter intentionem.

c.
DP is not liable for any felony because he did not act with dolo or culpa.

d.
DP is liable for a consummated felony by dolo because he performed all the necessary
acts of execution to carry out the felony.
Feedback
The correct answer is: DP is liable for a consummated felony under the principle of
praeter intentionem.

10. DP points a gun, which is not loaded, at Scott and says “magdasal ka na, eto na ang
huling ara mo!” DP is not aware of the fact that the gun is not loaded. He pulls the
trigger but, because the gun is not loaded, no bullet is discharged. What felony may DP
be charged with, if any at all?

a.
An attempted felony because not all the acts of execution were carried out but DP did
not desist.

b.
An impossible crime because of the inherent impossibility of its achievement.

c.
An impossible crime because of the inadequacy of the means employed to carry it out.

d.
A frustrated felony because all the acts of execution were carried out but the intended
result was not achieved due to the cause external to DP’s actions.
Feedback
The correct answer is: An impossible crime because of the inherent impossibility of its
achievement.

11. For purposes of Article 14 of the Revised Penal Code, an “uninhabited place” is:

a.
Any space that is not lived in.

b.
Any space that does not have people.

c.
Any empty space.

d.
Any space that prevents meaningful help from being given.
Feedback
The correct answer is: Any space that prevents meaningful help from being given.

12. Gene is a frustrated solder and has long been a gun aficionado. He finds a kindred
soul in Tony, who deals in guns. One day, Tony lends Gene his brand-new machine gun
with laser scope. Gene is naturally ecstatic and brings it everywhere he goes. Gene is
apprehended at a checkpoint and because he cannot produce the proper authorization
for the firearm, he is charged with violating of PD No. 1866, which punishes
unauthorized possession of firearms and/or ammunition. By way of defense, Gene
claims that he is innocent because he had no criminal intent. Decide on Gene’s
contention.
a.
Gene is wrong because ignorance of the law excuses no one.

b.
Gene is wrong because PD No. 1866 is a malum prohibitum and a violation of this law
does not require criminal intent.

c.
Gene is correct because he did not have intent to possess the firearm illegally.

d.
Gene is correct because Tony, as the owner, is the one responsible for having it licensed.
Feedback
The correct answer is: Gene is wrong because PD No. 1866 is a malum prohibitum and a
violation of this law does not require criminal intent.

13. Green comes to the defense of Pink, his ex-wife, who is being manhandled by Black
(Pink’s current boyfriend). What justifying circumstance may Green invoke?

a.
Defense of stranger.

b.
State of necessity.

c.
Defense of spouse.

d.
Defense of relative.
Feedback
The correct answer is: Defense of stranger.
14. Howard offers a reward to anyone who can kill his mother. Penny, who is a stranger
to Howard, hears of the reward from her friend Leonard. One day, Penny encountered a
loud and annoying woman at the wet market. She got into an argument with the loud
woman who keeps shouting “Sige videohi ko! You’re not allowed! Mapriso ka… aguy!”
Due to her anger and annoyance, Penny hit the head of the woman with a skillet and
killed her. The loud woman turns out to be Howard’s mother. What, if any, is Howard’s
liability in the killing of his mother by Penny?

a.
Howard is not liable because the reward was offered at large, and he did not induce
Penny to kill his mother.

b.
Howard is liable as a principal by inducement.

c.
Howard is not liable because it is not illegal to offer a reward to kill a person.

d.
Howard is liable to the same extent as a co-conspirator with Penny.
Feedback
The correct answer is: Howard is not liable because the reward was offered at large, and
he did not induce Penny to kill his mother.

15. In May 2000, Onel De Guzman, a Filipino computer wizard, unleased one of the most
destructive computer viruses, which is known as “the Love Bug.” It caused estimated
global damaged of 10 Billion US Dollar. Choose the correct statement below:

a.
Onel De Guzman should be prosecuted as he acted without criminal intent.

b.
Onel De Guzman may not be prosecuted for Cybercrime based on RA 10175 pursuant to
nullum crimen nulla poena sine lege.

c.
Onel De Guzman may be prosecuted for Cybercrime based on RA 10175 (which was
approved on 12 September 2012), because the penalty imposed under this law is
favorable to the accused.

d.
Onel De Guzman should be prosecuted as the damaged caused is extensive and global.
Hence, there are US laws which may be made applicable to him.
Feedback
The correct answer is: Onel De Guzman may not be prosecuted for Cybercrime based on
RA 10175 pursuant to nullum crimen nulla poena sine lege.

16. Insanity, as an exempting circumstance, exists when:

a.
At the time of the offense, there is complete deprivation of freedom, intelligence and
will.

b.
At the time of the offense, the person is detached from reality.

c.
At the time of the offense, the person’s capacity to reason is impaired.

d.
At the time of the offense, the person does not know what is going on.
Feedback
The correct answer is: At the time of the offense, there is complete deprivation of
freedom, intelligence and will.

17. It is a kind of mitigating circumstance which lowers the penalty to 1 or 2 degrees.

a.
Special Mitigating circumstance.
b.
Privileged mitigating circumstance.

c.
Ordinary mitigating circumstance.

d.
All of the above.
Feedback
The correct answer is: Privileged mitigating circumstance.

18. It is susceptible of being offset by any aggravating circumstance.

a.
Special aggravating circumstance.

b.
Privileged mitigating circumstance.

c.
Inherent aggravating circumstance.

d.
Ordinary mitigating circumstance.
Feedback
The correct answer is: Ordinary mitigating circumstance.

19. Jessie is convicted of a felony where the judge appreciates the presence of 3 generic
aggravating circumstances and no mitigating circumstances. What is the appropriate
penalty to be imposed considering the circumstances?

a.
The penalty next higher in degree to that prescribed by law for the offense because
there are more than 2 aggravating circumstances.
b.
The penalty provided by law in its entirety because there are 3 aggravating
circumstances, and the law provides that the judge should consider the aggravating
circumstances without however going beyond the maximum period provided by law.

c.
The penalty next higher in degree to that prescribed by law in the maximum period
because after considering the 2 aggravating circumstances, 1 more aggravating
circumstance is left thus raising the period to the maximum.

d.
The penalty provided by law in the maximum period because of the presence of
aggravating circumstances without mitigating circumstances.
Feedback
The correct answer is: The penalty provided by law in the maximum period because of
the presence of aggravating circumstances without mitigating circumstances.

20. Manolito, who is an avid collector of Kdrama Series, is invited into the house of a
fellow Kdrama fanatic, Cecilia. Unknown to Manolito, Cecilia was the one who took from
his house an entire collection of Kdrama Series. Upon seeing the Kdrama Collection set
without knowing that it belonged to him, Manolito took it and put it in his bag and left
Cecilia’s house. What can Manolito be charged with?

a.
Theft.

b.
Robbery.

c.
No crime.

d.
Impossible Crime.
Feedback
The correct answer is: Impossible Crime.
21. Marshall and Chandler meet in a bar. After finding out that they both have a shared
dislike for Barney, they agree and decide to kill Barney. Before they can decide on the
method, Barney enters the bar. Marshall stands up and punches Barney in the face as
Chandler immediately follows up by stabbing Barney in the stomach. Barney dies as a
result of the assault. Marshall and Chandler are charged with killing Barney. Chandler
argues in his defense that he cannot be held criminally liable for killing Barney because
he only intended to stab Barney and not kill him. Decide on Chandler’s contentions.

a.
He is incorrect because a conspiracy may be implied and the act one is the act of all.

b.
He is correct because it is unclear what killed Barney.

c.
He is correct because he can only be liable for the consequences he intended.

d.
He is incorrect because his first act was already unlawful, and he must bear the
consequences of his initial unlawful act.
Feedback
The correct answer is: He is incorrect because his first act was already unlawful, and he
must bear the consequences of his initial unlawful act.

22. Mr. A kills X and then goes to the house of Mr. C (his brother by adoption), who
lends him the keys to his new car and tells Mr. A to just drive off. What is Mr. C liable
for?

a.
Mr. C is liable as a principal by indispensable cooperation.

b.
Mr. C is liable as an accomplice.

c.
Mr. C is liable as an accessory to the killing to Mr. B.
d.
Mr. C is not liable because he falls within the list of excluded accessories.
Feedback
The correct answer is: Mr. C is not liable because he falls within the list of excluded
accessories.

23. Mr. Gold, a public officer, orders his subordinate Mr. Silver to deliver to his office the
total amount of 50 MILLION PESOS in cash and to document it as payment of the
office’s debt to a creditor. Mr. Silver, knowing that the procedure is irregular, complies
nonetheless. Mr. Gold flees to Japan with the money. Mr. Silver is charged with
Malversation of Public Funds through negligence. Mr. Silver claims that he acted in
good faith and had no criminal intent to defraud the government. Comment on Mr.
Silver’s defense.

a.
The defense is meritorious because the offense charged should be Plunder.

b.
The defense is meritorious because he was simply following orders and therefore had
no criminal intent.

c.
The defense is not meritorious because good faith is not relevant as the felony charged
is one committed by means of culpa and not dolo.

d.
The defense is not meritorious because Mr. Silver knew the procedure was irregular, but
he nonetheless complied, thus showing criminal intent.
Feedback
The correct answer is: The defense is not meritorious because good faith is not relevant
as the felony charged is one committed by means of culpa and not dolo.
24. Mr. White is convicted of homicide (the penalty for which is Reclusion Temporal)
attended by disregard of rank and dwelling and mitigated by voluntary surrender, plea
of guilt and passion and obfuscation. What is the imposable penalty considering all the
circumstances?

a.
Penalty in its entirety.

b.
Penalty in its maximum period.

c.
Penalty in its minimum period.

d.
Penalty in its medium period.
Feedback
The correct answer is: Penalty in its minimum period.

25. Mr. X is a public official who is charged with the crime of Plunder (punishable under
RA No. 7080). Section 2 of R.A. No. 7080 expressly states that “the degree of
participation and the attendance of mitigating and extenuating circumstances, as
provided under the Revised Penal Code, shall be considered by the Court.” What is the
effect?

a.
The court shall impose the fixed penalty for Plunder without considering the stages of
execution and degree of participation of the persons involved in the crime.

b.
The Special Penal Law applies the technical nomenclature of the penalties under the
Revised Penal Code so that the RPC should be disregarded in the appreciation of
penalties.

c.
Plunder is a malum prohibitum punishable under a Special Penal Law and criminal intent
is immaterial.
d.
The one who profited from the proceeds of the Plunder may be held liable as an
Accessory, provided that he is aware that the principal committed Plunder.
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The correct answer is: The one who profited from the proceeds of the Plunder may be
held liable as an Accessory, provided that he is aware that the principal committed
Plunder.

26. Mr. Y, a Filipino, kills a person on board a Philippine Airlines flight en route to Los
Angeles while the flight is over Pacific Ocean. The PAL flight makes an emergency
landing in Tokyo and Mr. Y is arrested. What may he be charged with and why?

a.
He may be charged with violating Philippine law under the principle of generality of
Philippine penal law.

b.
He may be charged with violating Philippine law under the principle of territoriality of
Philippine penal law.

c.
He may be charged with violating Japanese Law under the principle of generality of
Japanese penal law.

d.
He may be charged with violating Philippine law under an exception to the territoriality
principle of Philippine penal law.
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The correct answer is: He may be charged with violating Philippine law under an
exception to the territoriality principle of Philippine penal law.

27. No felony shall be punishable by any penalty not prescribed by law prior to its
commission.
a.
Actus me invito factus non est meus actus

b.
Nullum crimen nulla poena sine lege

c.
Dura lex, sed lex

d.
Actus reus non facit reum nisi mens sit rea
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The correct answer is: Nullum crimen nulla poena sine lege

28. One of these statements is false:

a.
Reclusion perpetua is an indivisible penalty.

b.
The duration of Life Imprisonment is dependent on the law providing for it.

c.
Reclusion perpetua is not the same as life imprisonment.

d.
Life imprisonment is a penalty that can be imposed for felonies.
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The correct answer is: Life imprisonment is a penalty that can be imposed for felonies.

29. Sheldon, Raj, and Penny (who were classmates in CLJ 211 class), chanced upon each
other at a bar and got around to talking about their other classmate and common
“enemy,” JESSIE. Penny said, “I really want to see JESSIE dead,” to which Sheldon and Raj
expressed their agreement. While the 3 were talking, JESSIE suddenly walked through
the door. Upon seeing JESSIE, Sheldon hurled a beer bottle at JESSIE, hitting him on the
head, while Raj grabbed a steak knife and stabbed JESSIE. Penny then started kicking
JESSIE while he is on the floor. JESSIE died. What are the respective liabilities of Sheldon,
Raj, and Penny?

a.
They cannot be held liable because there is no such felony as conspiracy to commit
murder.

b.
Their acts indicate an implied conspiracy so they can each be held liable for the acts of
the others.

c.
They are separately liable for their individual acts because there was no conspiracy on
their part.

d.
They can be charged with conspiracy to commit murder.
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The correct answer is: Their acts indicate an implied conspiracy so they can each be held
liable for the acts of the others.

30. Simon was stabbed by Ryan on the left side of his stomach while he was held by
Paula and Steven. The stab wound resulted in loss of blood and also exposure of some
of Simon’s internal organs. Simon was spotted by Jennifer who, taking pity on him,
brought him to a nearby hospital where emergency critical surgery was performed.
Simon stayed in the hospital for a week and was later discharged to recuperate.
Regardless of the exact felony committed, at what stage of execution was the felony
committed?

a.
Attempt.

b.
Frustration.

c.
Not possible to answer based on the facts provided.
d.
Consummation.
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The correct answer is: Frustration.

31. The following are divisible penalties, except?

a.
Reclusion Perpetua.

b.
Reclusion Temporal.

c.
Prision Mayor.

d.
Prision Correcional.
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The correct answer is: Reclusion Perpetua.

32. he following are statements below describe the American Penal System, except:

a.
The evilness of the offender is not material.

b.
Felonies.

c.
It provides a fixed penalty.

d.
Mala prohibita.
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The correct answer is: Felonies.
33. The following describes a Principal by Direct Participation, except:

a.
He is liable for conspiracy.

b.
He is the material executor of the crime.

c.
He appears at the scene of the crime.

d.
He performs acts necessary for the commission of the crime.
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The correct answer is: He is liable for conspiracy.

34. The following statements describe a Principal by Inducement, except:

a.
He becomes liable only when the principal by direct participation committed the act
induced.

b.
He must be present at the scene of the crime.

c.
He must intend that his inducement be obeyed.

d.
Mere careless comment of one who does not possess dominance or moral ascendancy
over the offender will not make a person a principal by inducement.
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The correct answer is: He must be present at the scene of the crime.
35. The Philippine Congress passes a law that defines those opposed to reproductive
health as enemies of the State and prescribes a penalty of imprisonment on specific
persons and entities named in the law. Is the law valid?

a.
No, because it is a bill of attainder.

b.
No, because it is discriminatory.

c.
No, because it still needs to be published.

d.
No, because it is an ex post facto law.
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The correct answer is: No, because it is a bill of attainder.

36. Walter instructs Jessie, a 17-year-old student, to kill Carmen. Jessie agrees to do so if
Walter agrees to give him a passing grade. Walter agrees. Jessie proceeds to kill
Carmen. What are Walter and Jessie liable for, respectively?

a.
Walter is liable as principal by inducement while Jessie is not liable because of the
justifying circumstance of obedience to a lawful order by a superior.

b.
Walter is not liable as he did not perform any act prohibited by law while Jessie is liable
as a principal by direct participation.

c.
Walter and Jessie are both not liable as Walter did not perform any act of killing while
Jessie was a minor when he killed Carmen.

d.
Walter and Jessie are liable to the same extent as principals with Walter, as the principal
by inducement and Jessie as the principal by direct participation.
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The correct answer is: Walter and Jessie are liable to the same extent as principals with
Walter, as the principal by inducement and Jessie as the principal by direct participation.

37. Walt, of legal age, is convicted of violating RA No. 9165 (Comprehensive Dangerous
Drugs Act of 2002), specifically for possessing 1,000 kilos of cocaine. At the time he was
arrested, he was found positive for drug use and this circumstance is stated in the
Information. Walt entered a plea of guilty. The judge sentences him to life imprisonment
(which is the penalty provided for the amount of the drugs possessed) without
considering the mitigating circumstance. Is the judge correct?

a.
Yes, he is correct because the aggravating circumstance of cocaine use at the time of
arrest offset the mitigating circumstance of plea of guilt.

b.
Yes, he is correct because the Dangerous Drugs Act does not provide for mitigating
circumstances, only aggravating circumstances.

c.
Yes, he is correct because the Dangerous Drugs Act specifically provides that the
provisions of the Revised Penal Code will not apply suppletory to its provisions, except if
the offender is a minor.

d.
Yes, he is correct because the Dangerous Drugs Act does not allow for plea bargains.
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The correct answer is: Yes, he is correct because the Dangerous Drugs Act specifically
provides that the provisions of the Revised Penal Code will not apply suppletory to its
provisions, except if the offender is a minor.

38. What is the effect of pardon by the offended party?

a.
All of the above.

b.
It will extinguish the criminal action.

c.
It shall restore the right to hold public office.

d.
It does not extinguish criminal action.
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The correct answer is: It does not extinguish criminal action.

39. What is the period for Arresto Menor?

a.
None of the above.

b.
1 day to 30 days.

c.
12 years, and 1 day to 20 years.

d.
6 months, and 1 day to 6 years.
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The correct answer is: 1 day to 30 days.

40. When there are 2 ordinary mitigating circumstances and no aggravating

circumstance attending the commission on the felony, Art. 64 allows the penalty to be
lowered by 1 degree. Article 64 defines what kind of mitigating circumstance?

a.
Special Mitigating circumstance.
b.
Privileged mitigating circumstance.

c.
Ordinary mitigating circumstance.

d.
All of the above.
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The correct answer is: Special Mitigating circumstance.

41. Where 2 mitigating circumstances and no aggravating circumstances are

appreciated, a judge may:

a.
Reduce the penalty provided to its medium period.

b.
Reduce the penalty provided to the next lower period.

c.
Reduce the penalty to the next lower degree.

d.
Reduce the penalty provided to its minimum period.
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The correct answer is: Reduce the penalty to the next lower degree.

42. Which of the following describes the essential features of an ex post facto penal law?

a.
A penal law that is retroactive and beneficial to the accused.

b.
A penal law that is prospective and prejudicial to the accused.

c.
A penal law that is retroactive and prejudicial to the accused.

d.
A penal law that is prospective and prejudicial to the accused.
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The correct answer is: A penal law that is retroactive and prejudicial to the accused.

43. Which of the following describes the legality principle of penal law?

a.
Only what the law provides can you prohibit.

b.
Only when the law defines can you prohibit.

c.
Only when the law prescribes can you punish.

d.
Only what the law prohibits can you punish.
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The correct answer is: Only what the law prohibits can you punish.

44. Which of the following may not be offset by an ordinary mitigating circumstance?

a.
That craft, fraud, or disguise is employed.

b.
The offender takes advantage of his public position.
c.
That the act is committed in the nighttime.

d.
That the act is committed with obvious ungratefulness.
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The correct answer is: The offender takes advantage of his public position.

45. Which of the following statements is not true?

a.
Treachery is an aggravating circumstance found in Article 14.

b.
Treachery is a qualifying circumstance in crimes against persons.

c.
Treachery is a special aggravating circumstance.

d.
Treachery is both a generic and a qualifying circumstance.
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The correct answer is: Treachery is a special aggravating circumstance.

46. Which of these statements illustrate the principle of generality of penal law under
Article 14 of the Civil Code?

a.
All Philippine Penal Laws apply to everyone in the Philippines.

b.
The Philippines applies only Philippine Penal Laws to everyone in the Philippines.

c.
Only Philippine Penal Laws apply to everyone in the Philippines.

d.
Philippine Penal Laws apply to everyone in the Philippines.
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The correct answer is: Philippine Penal Laws apply to everyone in the Philippines.

47. Which of these statements illustrate the principle of territoriality of penal law under
Article 2 of the Revised Penal Code?

a.
Only Philippine laws apply only in the Philippines.

b.
Th Philippines apply only Philippine laws.

c.
Only Philippine laws apply in the Philippines.

d.
Philippine laws apply only in the Philippines.
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The correct answer is: Philippine laws apply only in the Philippines.

48. Which one is not an alternative circumstance?

a.
Relationship.

b.
Public position.

c.
Intoxication.
d.
Instruction.
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The correct answer is: Public position.

49. White placed an explosive under Fring’s car with the intent of killing him. It was
designed to explode upon ignition. Fring, however, did not use the car because Mike
stole it from him. Mike is killed in the explosion. What is White;s criminal liability for the
death of Mike?

a.
He is liable under principle of mala in falsus, mala in omnibus.

b.
He is liable under the principle of aberratio ictus.

c.
He is liable under the principle of praeter intentionem.

d.
He is liable under the principle of error in personae.
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The correct answer is: He is liable under the principle of aberratio ictus.

50. Who are criminally liable for light felonies?

a.
Both Principals and Accomplices.

b.
Principals or Accessories, depending on the circumstances.

c.
Only Principals.
d.
Only Accomplices.
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The correct answer is: Both Principals and Accomplices.