Criminal Law 1 (CLJ-3) 6.

A characteristic of penal law which state that

Midterm Exam Penal laws are binding upon all people who live
and sojourn in the Philippine Territory.
a. Territoriality
Choose the best answer. b. Laws of Preferential Application
c. Generality
1. The following are members of the diplomatic d. Prospectivity
corps of a country who enjoy criminal immunity, e. Treaties
except:
a. Sovereigns and other heads of state 7. _______ is jurisdictional in Criminal Cases.
b. Ambassadors a. Crimes
c. Mayors b. Laws
d. Charges d’ affairs and attaches c. Venue
e. None of the above d. Territory
e. None of the above
2. It is a legislative act which inflicts punishment
without trial. 8. It is an act or omission which is punishable by
a. Ex post facto law law.
b. Bill of Attainder a. Felonies
c. Criminal Law b. Violation
d. Felonies c. Ex post Facto
e. None of the above d. Infraction
e. None of the above
3. It is a branch or division of public substantive
law which defines crimes, treats of their nature 9. It deals with the relation of the individual and
and provides for their punishment. the State
a. Ex post facto law a. Substantive Law
b. Bill of Attainder b. Public Law
c. Criminal Law c. Criminal Law
d. Felonies d. Penal Law
e. None of the above e. None of the above

4. It is a law which imposes a higher penalty, or 10. _______ states that crimes committed on board
greater consequence prejudicial to the accused a foreign merchant vessel while on the waters
that at the time when the act or omission was of another country are triable in that country
committed. unless they merely affect the internal
a. Ex post fact law management of the vessel.
b. Bill of Attainder a. English Rule
c. Criminal Law b. French Rule
d. Felonies c. Philippine Rule
e. None of the above d. American Rule
e. None of the above
5. It is also known as the Juristic Theory, it
theorizes that the basis of criminal 11. The following have extraterritorial application
responsibility is the human free will, and the pursuant to Article 2 of the RPC, except:
purpose of penalty is retribution. a. Should forge or counterfeit any coin or
a. Classical Theory currency note of the Philippine Island
b. Positivist Theory b. Should be liable for acts connected with
c. Absolute Theory the introduction into the Philippines
d. Relative Theory any counterfeit or forged coins or
e. Free will Theory currency note of the Philippines
 c. While being public officers and e. All of the above
employees should commit an offense in
the exercise of their functions. 17. There is ______ when the act is performed with
d. Should commit an offense while on deliberate intent.
Philippine ship or airship a. Felony
e. None of the above b. Deceit
c. Fault
12. What is the difference between Mala In Se and d. All of the above
Mala Prohibita Crimes? e. None of the above
a. Mala in Se are more serious that Mala
Prohibita 18. In felonies committed by means of deceit, the
b. Mala Prohibita crimes are more serious perpetrator acted with:
than Mala in Se a. Freedom, Intelligence and Intent
c. Mala in Se crimes are inherently b. Freedom, Intelligence and Fault
criminal, while Mala Prohibita are made c. Freedom, Fault and Intent
criminal by law d. Fault, Intelligence and Intent
d. Mala Prohibita are inherently criminal, e. None of the above
while Mala in Se crimes are made
criminal by law. 19. Motive is the moving force which impels one to
e. None of the above action for a definite result; While _____ is the
purpose to use a particular means to effect such
13. Which of the following is not considered an ex result.
post facto law? a. Freedom
a. A law that makes an act criminal that b. Intelligence
was not criminal when committed. c. Intent
b. A law that increases the punishment for d. Fault
a crime that was already committed. e. All of the above
c. A law that changes the legal rules of
evidence. 20. It is incurred by a person performing an act
d. A law that regulates civil rights and which would be an offense against persons or
remedies. property, were it not for the inherent
e. None of the above impossibility of its accomplishment, or on
account of the employment of inadequate or
14. When did the Revised Penal Code take effect? ineffectual means.
a. January 1, 1931 a. Culpa
b. January 1, 1932 b. Negligence
c. January 1, 1933 c. Impossible Crime
d. January 1, 1924 d. Mistake of fact
e. None of the above e. All of the above

15. Which of the following is not a source of 21. Penal laws of the Philippines are enforceable
Philippine Criminal Law only within its territory. This Characteristic of
a. Revised Penal Code Criminal Law is known as:
b. Special Penal Laws a. Generality
c. Judicial Decisions b. Territorial
d. Penal Presidential Decrees c. Prospective
e. None of the above d. All of the above
e. None of the above
16. How are felonies committed?
a. Deceit 22. One of the Characteristics of criminal law is
b. Dolo generality. Which of the following is not an
c. Fault exemption to the principle of generality?
d. Culpa a. Treaty stipulation
 b. Laws of Preferential Application
c. Principles of Public International aw
d. All of the above
e. None of the above
23. Criminal law does not have any retroactive
effect. This characteristic of criminal law is
known as
a. Genaral
b. Territorial
c. Prospective
d. Retroactive
e. None of the above
24. When is Conspiracy and Proposal to commit a
felony punishable?
a. When the crime is consummated
b. When the law imposes the capital
punishment
c. Only when the law provides a penalty
thereof
d. All of the above
e. None of the above
25. What are grave felonies?
a. Infractions of law for the commission of
which a penalty of arresto menor or
fine not exceeding 200 pesos or both is
provided
b. Those which the law punishes with
penalties which in their maximum
period are correctional
c. Those to which the law attaches the
capital punishment or penalties which
in any of their periods are afflictive
d. Offenses which are or in the future may
be punishable under special laws
e. None of the above
26. Which of the following are not subject to the
provisions of the Revised Penal Code?
a. Offenses which are or in the future may
be punishable under special laws
b. Light felonies
c. Grave felonies
d. Less Grave felonies
e. None of the above
27. Who are criminally liable for grave felonies?
a. Principals
b. Accomplice
c. Accessories
d. All of the above
e. None of the above
28. Who are those not considered a Principal under
Article 17?
a. Those who take direct part in the
execution of the act
b. Those who directly force or induce
others to commit an act
c. Those who cooperate in the execution
of the offense by previous or
simultaneous acts
d. Those who cooperate in the
commission of the offense by another
act without which it would not have
been accomplished
e. None of the above
29. Who are considered accomplices?
a. Those who take a direct part in the
execution of the act
b. Those who directly force or induce
others to commit an act
c. Those who cooperate in the execution
of the offense by previous or
simultaneous acts
d. Those who cooperate in the
commission of the offense by another
act without which it would not have
been accomplished
e. None of the above
30. Who are considered as an Accessory under
Article 19?
a. Those who profit themselves or assist
the offender to profit by the effects of
the crime
b. Those who conceal or destroy the body
or effects of the crime
c. Those who assist in the escape of the
principal of the crime
d. All of the above
e. None of the above
31. It means miscarriage of the blow, or a blow or
stroke gone astray.
a. Aberratio ictus
b. Praeter Intentionem
c. Error in Persona
d. All of the above
e. None of the above
32. It means “lack of intent to commit so grave a
wrong as that committed”.
a. Aberratio ictus
 b. Praeter Inentionem 38. Conspiracy alone without committing any overt
c. Error in Persona act for the execution of its purpose, is not a
d. All of the above crime punishable by law except in special cases.
e. None of the above a. I agree
b. I disagree
33. A felony is ______ when all the elements c. It depends
necessary for its execution and accomplishment
are present. 39. To make a person criminally responsible as
a. Consummated principal by indispensable cooperation, the
b. Frustrated following are the requisites, except:
c. Attempted a. Unity of criminal resolution and
d. Grave intention
e. Less grave b. Cooperation for the accomplishment of
the intended crime
34. A felony is frustrated when the offender c. Intelligence and Deceit
performs all acts of execution which would d. Without the performance of an act, the
produce the felony as a consequence, but which crime would not have been committed
nevertheless do not produce it by reason of e. None of the above
_______.
a. Some cause or accident other than his 40. Accessories are exempt from criminal liability
own spontaneous desistance under Art 20 of the Revised Penal Code, except:
b. Causes independent of the will of the a. Spouses
perpetrator b. Relative by affinity within the same
c. Death of the offender degree
d. Uncontrollable fear c. Children
e. None of the above d. Parents
e. Common law wife or husband
35. In crimes against persons, like homicide and 41. It is the suffering inflicted by the state for the
murder, it is necessary for the frustration transgression of a law. It is imposed after final
thereof to determine ________________. judgment.
a. The weapon used a. Life Imprisonment
b. The wound inflicted b. Judgment
c. The location of the crime c. Penalty
d. All of the above d. Fine
e. None of the above e. Cost

36. There crimes which do not pass through all the 42. The following are the characteristics of
stages of Execution? penalties:
a. I agree a. Personal
b. I disagree b. Legal
c. It depends c. Productive of Suffering
d. All of the above
37. It exist when a person who has decided to e. None of the above
commit a felony proposes its execution to some
other person or person. 43. A characteristic of penalty that means that the
a. Proposal to commit a felony courts could not impose any form of penalty
b. Conspiracy to commit a felony other that those provided by law.
c. Principal Participation a. Personal
d. All of the above b. Legal
e. None of the above c. Productive of Suffering
d. All of the above
e. None of the above
44. According to Article 22 of the RPCS, Penal laws
shall have retroactive effect insofar as they
favor the person guilty of the felony, except
those who are:
a. Guilty of traffic violations
b. Habitual delinquent
c. Who committed grave felonies
d. All of the above
e. None of the above
45. A pardon by the offended party does not
extinguish criminal action, except those
provided for in Art 344 of the RPC which
includes the crime of:
a. Murder
b. Homicide
c. Paricide
d. Rape
e. None of the above
46. Pardon in private crimes must be made after
the institution of the criminal action to
extinguish criminal liability.
a. I agree
b. I disagree
c. It depends
47. Marriage between the offender and the
offended party will not extinguish criminal
liability if made after the institution of the
criminal action.
a. I agree
b. I disagree
c. It depends
48. The following shall not be considered as
penalties, except:
a. Detention by reason of insanity
b. Commitment of a minor to any
institutions mentioned in art 80
c. Destierro imposed by the court
d. Suspension from employment
e. Deprivation of rights and the reparation
which civil law may establish in penal
form
49. The following are Afflictive Penalties, except:
a. Reclusion Perpetua
b. Perpetual or Temporary absolute
disqualification
c. Prision Mayor
d. Perpertual or Temporary Special
disqualification
e. Arresto Mayor
50. The following are Correctional Penalties, except:
a. Prision Correctional
b. Suspension
c. Destierro
d. Public censure
e. None of the above
51. The following are accessory penalties, except:
a. Civil Interdiction
b. Indemnification
c. Forfeiture of instruments and proceeds
of the offense
d. Payment of cost
e. None of the above
52. What is the duration of the penalty of Reclusion
Perpetua?
a. 20 years and 1 day to forty years
b. 12 years and 1 day to 20 years
c. 6 years and 1 day to 12 years
d. 6 months and 1 day to 6 years
e. 1 month and 1 day to 6 months
53. What is the duration of the penalty of Reclusion
Temporal?
a. 20 years and 1 day to forty years
b. 12 years and 1 day to 20 years
c. 6 years and 1 day to 12 years
d. 6 months and 1 day to 6 years
e. 1 month and 1 day to 6 months
54. What is the duration of the penalty of Prision
Mayor?
a. 20 years and 1 day to forty years
b. 12 years and 1 day to 20 years
c. 6 years and 1 day to 12 years
d. 6 months and 1 day to 6 years
e. 1 month and 1 day to 6 months
55. What is the duration of the penalty of Prision
Correctional?
a. 20 years and 1 day to forty years
b. 12 years and 1 day to 20 years
c. 6 years and 1 day to 12 years
d. 6 months and 1 day to 6 years
e. 1 month and 1 day to 6 months
56. What is the duration of the penalty of Arresto
Mayor?
a. 20 years and 1 day to forty years
b. 12 years and 1 day to 20 years
 c. 6 years and 1 day to 12 years d. It does not extinguish criminal and civil
d. 6 months and 1 day to 6 years liabilities
e. 1 month and 1 day to 6 months e. None of the above

57. What is the duration of the penalty of 62. How long should the bond to keep the peace be
Destierro? required to cover?
a. 20 years and 1 day to forty years a. Minimum duration of the penalty
b. 12 years and 1 day to 20 years imposed by the court
c. 6 years and 1 day to 12 years b. Maximum duration of the penalty
d. 6 months and 1 day to 6 years imposed by the court
e. None of the above c. Indefinite period
d. Such period of time as the court may
58. When shall the term of penalty commence determine
consisting of deprivation of liberty when the e. None of the above
offender was preventively detained?
a. From the time of payment of bail 63. Who are those who , within a period of ten
b. From the day of finality of judgment of years from the date of his last conviction or last
conviction release of the crimes of Robo, hurto, estafa,
c. From the time the offender was falsification serious and less serious physical
physically placed at the disposal of the injuries is found guilty of any of the said crimes
judicial authority for the service of a third time or oftener?
sentence a. Recidivist
d. From the time he pleads guilty b. Habitual Delinquent
c. Offender
59. When shall the term of penalty commence d. All of the above
consisting of deprivation of liberty when the e. None of the above
offender is not a detention prisoner?
a. From the time of payment of bail 64. X robbed Y. Y, the victim , expressly pardoned X
b. From the day of finality of judgment of for the crime committed. Can X still be held
conviction criminally liable for robbery ?
c. From the time the offender was a. Yes.
physically placed at the disposal of the b. No.
judicial authority for the service of c. It depends.
sentence
d. From the time he pleads guilty 65. X, on board a Philippine Warship inflicted
Injuries on Y who was his roommate while in
60. What is the duration of penalty for Perpetual or the territorial jurisdiction of Singapore. Where
Temporary Special Disqualification? will you try the case?
a. 20 years a. Philippines
b. 12 years b. Singapore
c. 6 years c. Philippines and Singapore
d. Indefinite d. None of the above
e. None of the above
66. While a Philippine commercial ship was docked
61. What is the effect of pardon by the offended in Singapore, A, a Filipino killed B, a Malaysian
party according to Article 23 except for crimes National, while they were on board the said
under Art. 344? ship. Where should the case be filed and tried?
a. It extinguishes both criminal and civil a. Philippines
liabilities b. Malaysia
b. It extinguishes criminal liability c. Singapore
c. It extinguishes civil liability with regard d. All of the above
to the interest of the injured party e. None of the above
67. While a Philippine commercial ship was on High
seas, A, a Filipino killed B, a Malaysian National,
while they were on board the said ship. Where
should the case be filed and tried?
a. Philippines
b. Malaysia
c. Singapore
d. All of the above
e. None of the above
68. The following are the requisites of a felony,
except
a. There must be an act or omission
b. The act or omission must be punishable
by law
c. It must be committed by means of
deceit or fault
d. It must be intentional
e. None of the above
69. The following are the requisites of mistake of
facts, except
a. Act would have been lawful had the
facts been what the actor believed
them to be
b. There must be intent to commit so
grave a wrong
c. That his intention was lawful
d. The mistake was not committed
through negligence
70. In impossible crime, the act of the offender
cannot produce the an offense against persons
or property because of :
a. Inherent impossibility of its commission
b. Means employed is inadequate
c. Means employed is ineffectual
d. All of the above
e. None of the above
71. Assuming that X discovered that when the
durian seed is dried and powdered a substance
which has a similar effects with “shabu”, a
prohibited drug, but the substance is not one of
those prohibited by law. Supposing X was
caught using and selling it and was prosecuted.
Is he Criminally Liable?
a. Yes.
b. No.
c. It depends.
72. A with intent to kill fired his gun at B, whose left
ear was hit and as a consequence B fell on the
canal. A thought and believed that he was able
to inflict a mortal wound. B, however,
recovered. What stage of execution is the
felony?
a. Consummated
b. Frustrated
c. Attempted
73. X with intent to kill hacked Y with a bolo that
inflicted a mortal wound but with timely
medical intervention, Y survived the incident.
What stage of execution is the felony?
a. Consummated
b. Frustrated
c. Attempted
74. X with intention to rape Y , dragged the latter to
the room and removed her clothes. X placed
himself on top of the victim. He held his genital
and inserted it into her organ. X interposed that
there was no penile penetration as confirmed
by the medical doctor. X was convicted of
frustrated rape. Is the conviction correct?
a. Yes
b. No
c. It depends
75. X, Y and Z agreed to rob A. During their planning
session on how to rob A however, they were
overheard by B. B informed the police who then
installed a police checkpoint near the house of
A. The next day, X, Y, and Z proceeded to the
house of A. On their way, they approached the
checkpoint and they were then arrested. Are
they criminally liable for conspiracy to commit
robbery?
a. Yes
b. No
c. It depends
76. Less grave felonies are punishable only when
consummated with the exception of those
committed against persons and property
a. True
b. False
c. It depends
77. For purposes of prescription of crimes , the fine
of exactly Php40,000.00 is considered a light
felony.
a. True
b. False
c. It depends

78. For purposes of prescription of penalty, the fine
of exactly Php40,000.00 is correctional.
a. True
b. False
c. It depends
79. The arrest and temporary detention of an
accused during the pendency of the case by
reason of the fact that his case is non-bailable
or that he could not afford to post bail, is
considered a penalty and may be credited in the
service of his sentence.
a. True
b. False
c. It depends
80. It is by law considered unworthy of the trust
reposed in him and he is deprived of his
parental and marital authority; and deprived of
his power to exercise authority over the person
and property of his ward among other civil
rights.
a. A recidivist
b. A Habitual Delinquent
c. A civil Interdictee
d. None of the above
81. It is an act of grace, proceeding from the power
entrusted with the execution of the laws which
exempt the individual on whom it is bestowed,
from punishment which the law inflicts for a
crime he has committed. It can be extended
only by the President to an accused who has
been convicted by final judgment.
a. Appeal
b. Acquittal
c. Parole
d. Pardon
e. None of the above
82. The order of Payment under Article 38 for
Pecuniary liabilities shall apply only when
a. The offender is insolvent
b. The offender has sufficient assets to
answer for his liability
c. The offender does not have sufficient
property for the payment of all his
pecuniary liabilities
d. None of the above
83. The subsidiary penalty under Article 39 shall
apply only when
a. The convict is unable to pay fine
b. The convict cannot pay the reparation
of damage
c. The convict cannot pay for the
indemnification of consequential
damages
d. None of the above
84. The imposition of subsidiary penalty in case of
non-payment of fine should be expressly
provided for in the decision convicting the
accused, otherwise, its imposition will be illegal
a. True
b. False
c. It depends
85. X was convicted of a crime and was sentenced
to suffer an imprisonment of one year to three
years of prision correctional and to pay the fine
of Php2,40.00. The decision is silent as to the
imposition of the subsidiary penalty. Supposing
due to insolvency X cannot pay the fine. Should
a Subsidiary penalty of imprisonment be
imposed?
a. Yes
b. No
c. It depends
86. Every penalty imposed for the commission of a
felony shall carry with it forfeiture of the
proceeds of the crime and the instrument or
tools with which it was committed in favor of
the offended party.
a. True
b. False
87. The Penalties of Reclusion Perpetua and
Reclusion Temporal shall carry with them that
of the following accessory penalties as provided
in Article 41 of the RPC, except
a. Civil interdiction
b. Destierro
c. Perpetual Absolute Disqualificatoin
d. All of the above
e. None of the above
88. It means that whenever a penal law is to be
construed or applied and the law admits of two
interpretations, one lenient to the offender and
one strict to the offender, that interpretation
which is lenient or favorable to the offender will
be adopted.
a. Ex post facto
 b. Pro Reo
c. Mala in se
d. Mala prohibita

89. X went to NAIA in Pasay City and boarded an

airship of the Philippine Airlines (PAL) destined
for the US. As the airship passes the pacific
ocean, X killed Y, a fellow passenger. Which
court can try the case of Murder?
a. Philippines
b. US
c. All of the above
d. None of the above

90. It is defined as having an injurious consequence

that is greater than that intended.
a. Aberratio ictus
b. Error in Personae
c. Praeter Intentionem
d. Mistake of fact