PREPARED BY:

INST. ERICK A, GEMPESAO, MMISM, RCrim, CST, CSP, CSI

COLLEGE OF CRIMINAL JUSTICE
EDUCATION
G/F Criminology Academic Building
VSU Tolosa, Tanghas, Tolosa, Leyte
Contact No. 09176307511
Email: tolosa.doc@vsu.edu.ph

CRIMINAL LAW AND JURISPRUDENCE

Mock Board Examination

Instruction: Choose the best, nearest and correct answer.

1. Which is the law enacted by Congress that imposes a 6. In 2010, libel is punishable by six (6) years. A libeled B in
penalty, other than the Revised Penal Code? 2010. In 2011, a new law amended the 2010 libel law. The
a. Ordinances 2011 law increased the penalty for libel to twelve (12)
b. Special Penal Laws years. What penalty is to be imposed to Maria if found
c. Statute guilty in 2022?
d. Criminal Code a. Penalty under the old law which is 6 years.
b. Penalty under the new law which is twelve (12) years.
2. Which of the following is NOT a source of criminal law? c. Either a or b, depending on the judge.
a. Special Penal Laws d. No law will be applied.
b. Resolution
c. Revised Penal Code 7. In 2010, libel is punishable by six (6) years. A libeled B in
d. Ordinances 2010.In 2011, a new law amended/repealed the 2010 libel
law. The 2011 law lowered the penalty for libel to only
3. Joe imagines killing Jack. Joe is not criminally liable three (3) years. What penalty is to be imposed to Maria if
because ______________ found guilty in 2012?
a. he does not commence the commission of a crime a. Penalty under the old law which is six (6) years.
directly by overt act. b. Penalty under the new law which is three (3) years.
b. there is no witness against Joe. c. Either a or b, depending on the judge.
c. there is no injury to Jack. d. No law will be applied.
d. there is no law against imagining a crime.

4. Levin killed Tano. The killing was accidentally witnessed
by Jaymar. The latter did not report to the police what he
saw for fear of being involved in a criminal trial. Is Jaymar
criminally liable for any crime for not reporting the crime
incident?
a. Yes, for obstruction of justice.
b. Yes, as an accessory to the crime that he witnessed.
c. No. As a rule, there is no law that requires a person to
report a crime he witnessed.
d. No. As long as he reports the incident to the governor,
mayor or fiscal of the place where he is a resident.
5. A pointed a gun against B, a pregnant woman. Because of
fright, the woman suffered an abortion. What crime was
committed by A?
a. Abortion
b. Unintentional abortion
c. Grave threats
d. Intentional abortion
8. A person jumped off a tall building in order to commit
suicide and upon falling to the ground he miraculously
survived. What is that person's criminal liability?
a. Attempted suicide
b. Frustrated suicide
c. Alarms and scandals
d. He has no criminal liability
9. A committed suicide by deliberately falling himself down
from a tall building. A survived the fall when he fortunately
landed on B, a passerby. In this event however, it was B
who died due to the impact of A's body plunging down
from the sky. Here, A is ___________.
a. criminally liable for homicide
b. criminally liable for murder
c. not criminally and not civilly liable
d. not criminally liable but civilly liable
10. A committed suicide by deliberately falling himself
down from a tall building. A survived the fall when he
fortunately landed on B, a passerby. In this event however,
it was B who died due to the impact of A's body plunging
down from the sky. Here, A is __________
a. criminally liable for homicide.

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Vision: A globally competitive university for science, technology, and environmental conservation.
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b. criminally liable for reckless imprudence resulting in
homicide, but not civilly liable.
c. criminally liable for reckless imprudence resulting in
homicide, and is also civilly liable.
d. no criminal and no civil liabilities whatsoever.
11. Who among the following persons who committed a
crime outside the Philippines can still be charged,
prosecuted and punished by Philippine courts?
I. Those who committed an offense on a Philippine ship or
airship.
II. Those who forge or counterfeit any coin or currency note
of the Philippines or obligations and securities issued by the
Philippine government.
III. Those who should be liable for the introduction into the
Philippines of the forged and counterfeited obligations and
securities mentioned in number II.
IV. Those public officers or employees who are abroad and
committed an offense in the exercise of their functions.
V. Those who committed an offense against the national
security and the laws of nations.
VI. Crimes committed within Philippine embassies abroad
and Philippine warships within international and foreign
waters.
a. I and II only
b. III and IV only
c. I to IV only
d. I to VI
12. A faith healer accidentally killed his victim while in the
process of helping him get rid of an alleged demonic
possession. The faith healer may be held liable for
________.
a. reckless imprudence resulting to homicide
b. murder
c. homicide
d. physical injury
13. Joe imagines killing Jack. Joe is not criminally liable
because ______________
a. he does not commence the commission of a crime
directly by overt act.
b. there is no witness against Joe.
c. there is no injury to Jack.
d. there is no law against imagining a crime.
14. This is a misapprehension of fact on the part of the
person causing injury to another. The actor, however, is not
criminally liable. It is one where a person injured another in
good faith, without malice or criminal intent, in the belief
that he was doing no more than exercising his legitimate
right of self defense; that had the facts been as he believed
them to be, he would have been wholly exempt from
criminal liability:
a. Mistake of fuck
b. Mistake in identity
c. Mistake in the blow
Vision: A globally competitive university for science, technology, and environmental conservation.
Mission: Development of a highly competitive human resource, cutting-edge scientific knowledge
and innovative technologies for sustainable communities and environment.
d. Mistake of fact
15. Billy was a stay-in cook in a place where robbery and
murder were rampant. One night, he was awakened by the
sound of someone trying to force the door open. He called
out twice to the person to identify himself. Receiving no
answer, he uttered the warning, "if you enter the room, I
will kill you." It was at that moment that he was hit above
the knee by the chair that had been placed against the
door. Thinking that he was being attacked by the unknown
intruder, the accused seized a kitchen knife kept under his
pillow and struck out blindly, hitting the latter who turned
out to be his roommate, and who later expired from his
wounds. Billy was acquitted because he acted ________.
a. while in a dream
b. under a mistake in identity
c. in self-defense due to a mistake of fact
d. defense of property and praeter intentionem
16. A sees B rushing rapidly toward him, with outstretched
arms and a pistol in his hand, and using violent menaces
against his life as he advances. Having approached near
enough in the same attitude, A, who has a club in his hand,
strikes B over the head before or at the instant the pistol is
discharged, and of the wound, B dies. It turns out the pistol
was loaded with powder only, and that the real design of B
was only terrify A. A is not criminally liable
because_______.
a. he acted under a mistake of fact
b. he acted in self-defense
c. he acted in fulfillment of a duty
d. he acted under the instinct of self-preservation
17. A pointed a gun to B and said to B: “hold-up”. B fought
back and the two wrestled for the possession of the gun.
Meanwhile C, the son of A, not knowing that his father was
a hold-upper/robber, came to the rescue of A and attacked
B. Is C criminally liable?
a. No, because of defense of relatives.
b. No, because of mistake of fact.
c. Yes, because his father is a robber.
d. Both A and B
18. A, armed with a knife, feloniously charged at B inside
MV Vigan while the sea vessel was anchored at the Pasig
River. B, out of fear, ran away from A. A, however, chased
B, the chasing of which forced B out of mortal fear to just
jump down into the river and disappeared beneath its
surface, to be seen no more. Is A liable for chasing B with a
knife which eventually caused B's death due to drowning?
a. Yes, for murder, and he is also civilly liable.
b. Yes, for homicide, and he is also civilly liable.
c. No, he is not criminally liable but civilly liable.
d. No, there is no liability whatsoever.
19. The act or omission punishable by the Revised Penal
Code is a _______.
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INST. ERICK A, GEMPESAO, MMISM, RCrim, CST, CSP, CSI
a. act or omission
b. felony
c. offense
d. crime
20. A and B announced hold-up (highway robbery) inside a
running passenger jeepney. C, one of the passengers,
jumped out of the running jeepney in order to escape from
the robbers. C died when his head hit the asphalt pavement
as a result of the fall. Here, A and B are still criminally liable
for the death of C despite not having lifted a finger in
physically attacking/pushing C out of the jeepney. Why are
A and B still criminally liable for robbery with
homicide/qualified highway robbery?
a. Because "If a man (like A and B) creates in another man's
mind (C) an immediate sense of danger which causes such
person to try to escape, and in so doing, he injures himself,
the person who creates such a state of mind is responsible
for the injuries which result.”
b. Because they (A and B) are the reasons why the victim
jumped down from the jeep and died.
c. Because the Revised Penal Code say so.
d. Because A and B are presumed to have freedom of
action, intelligence and criminal intent.
21. Molo stabbed Loco. He was brought to the hospital by
his relatives, but Loco refused blood transfusion because he
is a member of a religious group that forbids blood
transfusions among its members. Loco died due to loss of
blood attributed to his refusal to be the subject of blood
transfusion. Is Molo here still criminally liable for the death
of Loco?
a. Yes. Refusal of the victim to be hospitalized/treated is
not an efficient intervening cause.
b. No more, because it was B's fault that he refused medical
treatment.
c. Yes, because A is inherently evil in killing a religious man.
d. No, because religious belief must be set aside in life-or-
death situations.
22. A attacked B with a knife. Due to the Covid19 pandemic
where hospitals are dangerously in their full capacity, there
was a delay in providing medical treatment to B, which
delay culminated to B's death. Is A still criminally liable for
the death of B?
a. Yes, because the delay in the medical treatment did not
break the causal connection between A's felonious act and
the resulting death of B.
b. Yes, and in addition to A, the doctor, the nurses and all
health workers and front liners, and Covid19 itself, who
contributed to the delay of medical treatment and death of
B will be held criminally liable.
c. No, because the proximate cause of death of B was
already the Covid19 pandemic.
d. No, because there was an efficient intervening cause
which is the delay in the rendering of immediate medical
treatment.
Vision: A globally competitive university for science, technology, and environmental conservation.
Mission: Development of a highly competitive human resource, cutting-edge scientific knowledge
and innovative technologies for sustainable communities and environment.
23. A punched B and B fell on the ground. Meanwhile, by
sheer coincidence, an incoming emergency vehicle
accidentally ran over the prostrated body of B (or a horse
jumped on the prostrated body of B, or B was struck by
lightning), which caused his death. Is A still criminally liable
for the death of B?
a. Yes, the act of A in punching B is the direct, natural and
logical consequence of B's death.
b. No, because there was an active force/efficient
intervening cause that intervened between the act of A in
punching B and such active force is a distinct act foreign
from A's felonious act.
c. Yes, because A was committing a felony when he was
punching B.
d. Yes, A was the proximate cause of the death of B.
24. It is an act which would be an offense against persons
or property were it not for the inherent impossibility of its
accomplishment, or an account of the employment of
inadequate or ineffectual means employed by the offender,
as a consequence of which the accused is held criminally
liable for the penalty of arresto mayor or fine not exceeding
P200.00 to P500.00, in order to prevent or suppress his
criminal propensity:
a. Light felony
b. Proximate cause
c. Impossible crime
d. Offense
25. Intod, armed with a firearm and with intent to kill,
positioned himself in front of Mr. Palangpangan's house,
directly opposite the latter's bedroom, where he honestly
believed the supposed victim was located at that moment.
Intod wasted no time and riddled with bullets said portion
of the house. Luckily for Mr. Palangpangan, he was absent
from his room at that moment as he was in another city.
Nobody was hit by the bullets fired by Intod. What crime
was committed by Intod?
a. Attempted murder
b. Frustrated murder
c. No crime
d. Impossible crime
26. X saw his enemy Y lying on his bed. X saw an
opportunity to kill Y, so he lunged on the latter a series of
hard stabbings. Unknown to X, Y already died of heart
attack an hour ago. We all know that X committed an
impossible crime of murder. There is no doubt about that.
However, let us assume that X already knew that Y was
already dead when he stabbed the already lifeless body of
Y. In this case, what crime was committed by X?
a. Still impossible crime; the foreknowledge of the accused
is immaterial.
b. Unjust vexation on the part of the relative.
c. Damage to property.
d. No crime under the facts cited above.
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27. A, with intent to kill B, sprinkled some white powdered
substance on the food of B. He believed that what he mixed
was arsenic, a powerful poison. But in reality, he only
mistook salt for arsenic. What he actually mixed on B's food
was nothing more than harmless salt. B ate the food
together with the white powdered substance but did not
die. What crime was committed by A?
a. Attempted murder
b. Frustrated murder
c. No crime
d. Impossible crime of murder
28. A, with intent to kill B, shot the latter but the gun would
not fire because A forgot to load his gun with bullets. What
crime was committed by A under these circumstances?
a. Attempted murder
b. Frustrated murder
c. No crime
d. Impossible crime
29. In the immediately preceding number, let us assume
that X had actually made sure that the gun had live bullets.
Now with intent to kill, he aimed his gun against Y. 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 committed by
X?
a. Impossible crime
b. Consummated
c. Attempted felony
d. Frustrated felony
30. Juan lost his cell phone today. A few months thereafter,
Juan took a cell phone from Pedro without the latter's
consent. Juan immediately hid inside a remote alley across
the street and examined the cell phone. To Juan's
astonishment he discovered that the cell phone that he
took from Pedro was the very same cell phone which he
lost a few months ago. What crime was committed by
Juan?
a. No crime
b. Impossible crime
c. Theft under Article 308 of the RPC
d. Grave coercion
31. A is an employee of B. One day, A took a check
representing the payment made by one of B's customers,
and deposited the check in her (A's) own bank account. The
bank teller told A to come back after not less than 24 hours
since the check will undergo some clearing time procedure.
When A returned to the bank after 24 hours, it turned out
that the check bounced because the check had no sufficient
funds in the bank. Here, the check which A stole did not
turn into cash due to insufficient funds of the drawer. What
crime was committed by A?
a. Qualified theft
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Mission: Development of a highly competitive human resource, cutting-edge scientific knowledge
and innovative technologies for sustainable communities and environment.
b. Robbery
c. Impossible crime
d. No crime
32. X entered the house of his sleeping neighbor and
proceeded to one of its rooms, where his neighbor's caja de
yero was located. When X opened up the caja de yero, it
was however empty. Disappointed, X left the house
carrying nothing. What crime was committed by X?
a. Impossible crime
b. Robbery
c. Trespass to dwelling
d. Other forms of trespass
33. A was caught in flagrante delicto of detaching one of
the wooden boards of a sari-sari store owned by a Chinese.
He was about to enter the store when he was
apprehended. It was the opinion of the police officer who
caught him that he wanted to commit robbery inside the
store, as he was about to enter the small opening that he
himself has made when he was apprehended. Under these
circumstances, what crime was committed by Lamahang?
a. Attempted robbery
b. No crime
c. Attempted trespass to dwelling
d. Other forms of trespass
34. One night, Renato entered the room of Malou, a
beautiful female nursing student. He had a towel in his right
hand which he had soaked in chloroform. Chloroform is a
chemical having the capability of putting one to
sleep/making one unconscious once inhaled. He pressed
the chloroform-soaked towel directly against the nose/face
of Malou in an effort to render her unconscious. Luckily,
Malou was brave and strong enough to fight back by
squeezing the testicles of Renato. Renato ran away as he
failed in his attempt in putting Malou to sleep. Under these
facts, what crime was committed by Renato?
a. Unjust vexation/light coercion
b. Trespass to dwelling
c. Attempted rape
d. No crime
35. An attractive woman was carried by the accused to a
distance of ten (10) meters from the place where she was
grabbed, but left her because of her screams. What crime
was committed by the accused?
a. Light Coercion
b. Grave Coercion
c. Attempted serious illegal detention
d. Frustrated serious illegal detention
36. A person was arrested and charged because he was
caught in the act of doing a reprehensible act, which
appeared later as a non-criminal conduct. Under these
circumstances, what should the judge do?
a. Render the proper decision.
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b. Report the act to the President thru the Department of
Justice.
c. Both a and b only
d. Convict the accused
37. A person was caught in the act of doing a criminal
conduct, but the judge feels that the penalty for that act is
excessive. What should the judge do?
a. Render the proper decision.
b. Report the act to the President thru the Department of
Justice.
c. Both a and b only
d. Dismiss the case
38. Charles stole the phone of Chervin and used it for a day.
After realizing that what he did was wrong, Charles
returned the phone to Chervin. Here, Charles is ________.
a. still liable for theft
b. still liable for robbery
c. no longer liable for any crime
d. no longer liable for any crime because of spontaneous
desistance
39. X, with intent to kill, slowly approached Y who was
seated on a chair and whose back was turned against X.
Because X had a defective eyesight, he miscalculated his
target' and his knife landed against the frame/back of the
chair, thus alerting Y. Y was not even scratched because the
back frame of the chair protected him from injury. Here,
what crime was committed by X?
a. Attempted murder
b. Frustrated murder
c. Impossible crime of murder
d. Attempted homicide
40. A struck B with a bolo, hitting the latter in his neck,
chest, arms and legs. B pretended to be dead. A thought he
had already succeeded in killing B, so he left immediately. B
was alive and ran away after A left. What stage of the crime
was committed?
a. Frustrated; the crime was not produced because of
causes independent of the will of the accused. In this case,
the pretense of death by B.
b. Consummated; it is the state of mind of the accused that
should be considered. He thought he had killed B, and that
is enough to make the crime consummated.
c. Impossible crime; it is impossible to kill another person
who pretends to be dead already, so naturally A already
stopped killing B.
d. Physical injuries; the playing dead of the victim makes it
impossible for the court to determine whether the crime is
attempted or consummated.
41. When the criminal law appears to be capable of being
given of interpretations which seem to favor or against the
accused, such law shall __________.
a. not be enforced against the accused
b. be interpreted in favor of the accused
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c. be declared unconstitutional
d. be interpreted in favor of the police
42. Dr. H had long wanted to kill W, 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. H had
a sudden change of heart and decided to save the life of his
wife by employing his knowledge in toxicology. He
immediately administered an antidote. The antidote
administered by Dr. H prevented the death of the wife who,
however, unfortunately became vegetable-like (nabaldado)
thereafter. What crime was committed by Dr.H?
a. Attempted parricide
b. Consummated less serious physical injuries
c. Frustrated parricide
d. Consummated serious physical injuries
43. 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 stopped by alerted
citizens. What crime was committed?
a. Consummated arson
b. Frustrated arson
c. Attempted arson
d. No crime
44. X wanted to overthrow the present government, but he
is afraid to do it himself. So, he just suggested/insinuated to
his friends to overthrow the present government by force
of arms. Is he liable for criminal proposal?
a. Yes, because he is the mastermind of the rebellion.
b. No, because he is not yet decided to overthrow the
government.
c. No, because mere suggestion is not enough as there
must be a decided and concrete proposal criminal in
nature.
d. both b and c
45. X told Y, “Let us kill Z!” Y said “No, I don't want to, mag-
isa ka na lang". Here, X is _________
a. liable for proposal.
b. liable for proposal to commit murder.
c. may be liable for impossible crime.
d. not liable at all.
46. X, without any reason, attacked Y. Y defended himself.
When X realized that Y was much stronger than him, he fell
to his knees and begged for Y to stop the fight. It was at this
position that Y stabbed X to death. Is Y criminally liable?
a. Y is criminally liable. The moment the aggression has
ceased/stopped, such as when X begged for mercy to stop
the fight, Y no longer had the right to hurt X because A's
unlawful aggression has ceased/stopped at that particular
point.
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b. B is not liable because he only defended himself from an
unjustified attack made by A and the means he used was
reasonable under the circumstances.
c. B is criminally liable and civilly liable.
d. Only A is criminally and civilly liable.
47. A is a security guard assigned at a rice warehouse. One
night, he saw a figure of a man carrying away a sack of rice.
The guard shouted for the latter to stop, but the man did
not stop, so A shot the latter with his shotgun, causing the
latter's death. In this case, the guard is _____________.
a. not liable because he acted under defense of property
b. criminally liable because defense of property may be
invoked only if it was coupled with attack against the
owner/possessor/caretaker of the property
c. exempted from criminal liability
d. exempted if he gave a warning shot first
48. One night, W, a married young woman, was sleeping
when he felt a man on top of her. She thought it was her
husband, so W let the man have sex with her. After
reaching climax, the man said, “W, I love you. I am not your
husband. I am A”. W got angry she took a gun and shot the
man. W is charged with homicide. Can she invoke self-
defense/defense of honor?
a. Yes. W is the victim of unlawful aggression here, unlawful
sexual intercourse.
b. No. The unlawful aggression against her honor had
already ceased at the time of the shooting.
c. It depends if A would marry W
d. Yes. If Anne can show that she locked the door of her
house, it will negate negligence on her part.
49. A ship was heavily overloaded without the fault of the
ship captain. While in the middle of the sea, the ship
encountered strong typhoon. The captain decided to throw
the cargoes of the vessel to lighten the vessel. The ship
survived because of this decision of the captain. Is the
captain liable for damage to property case filed by the
owners of the cargo?
a. No, the ship captain is not liable. This is avoidance of
greater evil, and therefore, there is also no civil liability.
b. Yes, this is damage to property.
c. No, he acted in defense of himself and strangers.
d. The ship captain is not criminally liable under the state of
necessity/avoidance of greater evil doctrine, but he and
others may be civilly liable.
50. After the prosecution rested its case, the accused filed a
demurrer to evidence. Would double jeopardy be a valid
defense if he is charged again with the same offense?
a. Yes, because the dismissal is tantamount to acquittal.
b. Yes, the case was not terminated on its own merits.
c. No, because the dismissal is with his consent or upon his
own motion.
d. No, the case was not terminated on its merits hence
double jeopardy is not a valid defense.
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51. Which among the following is not avoidance of greater
evil?
a. Groom who did not attend his marriage in order to
escape from loveless marriage.
b. Pregnant woman who allowed her unborn child to be
aborted in order to save her own life.
c. A driver who chose to ran over a girl rather than he and
his passengers falling down a cliff.
d. Prisoners who changed their prison uniforms by stealing
from a nearby village to avoid recapture.
52. Patrolmen A and B were directed by their police
superior to arrest C, a notorious cop killer, dead or alive
(shoot to kill). A and B upon seeing C, shot the defenseless
C causing his instant death. Are A and B criminally liable?
a. No, because there was a shoot to kill order.
b. Yes, because there is excessive use of force.
c. Yes, because the means used by A and B to carry out the
order of their superior is unlawful and the order of the
superior was not lawful.
d. No, because C is notorious.
53. A slapped the face of B today. One or two days after
that slapping incident, B, as a form of revenge, attacked A
for the slapping incident that took place one or two days
before. If A fights back against this attack by B, can A claim
self-defense under this present attack?
a. Yes, because A's provocation was not proximate and not
immediate to the aggression made by B.
b. No, because A gave provocation.
c. Yes, because although A gave provocation, it was not
sufficient.
d. None of these
54. A kissed B's girlfriend today. One or two days after the
kissing incident, B, as a form of revenge attacked A for the
kissing that took place one or two days before. If A defends
himself against this attack by B, can A claim self-defense
under this present attack?
a. Yes, because A's provocation was not proximate and
immediate to the aggression made by B.
b. No, because A gave provocation.
c. Yes, because although A gave provocation it was not
sufficient.
d. None of these
55. A was a tricycle driver who was hired by B to drive the
latter to the cockpit. A agreed to the proposal and while on
their way to their agreed destination, two other
unidentified men who were the companions of B boarded
the tricycle. Along the way, the trio, to the surprise of A,
staged robbery against an innocent victim. A tried to escape
but "B" who stayed inside the tricycle prevented him from
leaving by means of gun-poking, and B threatened in fact to
shoot A. Here, A, who drove for the robbers should be
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acquitted if he is also charged with robbery because when he saw this, so he gave the wife a blow in the
__________. stomach. The wife died. The husband was so remorseful as
a. he is just a poor tricycle driver he had not intended to kill his wife but only to punch her.
b. an act done by him against his will is not his act The husband, however, is still liable because of Article 4,
c. he acted under the compulsion of an irresistible force Paragraph 1, of the RPC. Which among the following is
d. either b or c or both of them most applicable to him?
a. Aberratio ictus
56. A, B, C and D murdered Z in the forest. E, who was an b. Error in personae
innocent passerby in the forest, accidentally saw what A, B, c. Praeter intentionem
C and D had done. A, B, C and D also saw E, and they d. Passion or obfuscation
pointed their guns against E, and forced E to burn the
cadaver of Z. Is E criminally liable as an accessory for 61. In the above case, what mitigating circumstance may be
burning the cadaver of Z? invoked by the __________.
a. No, he acted under the impulse of uncontrollable fear of a. lack of intent to commit so grave a wrong
an equal or greater injury. b. voluntary surrender
b. No, he acted under the compulsion of irresistible force. c. relationship
c. Yes, he acted in conspiracy with the accused. d. intoxication
d. Yes, he had the opportunity to escape.
62. HIPOLITO is charged of a crime in violation of RA 9262
57. A hunter in the middle of a deserted forest saw wild (Anti-Violence Against Women and Their Children). What is
chicken and fired at it. The bullet, after hitting the chicken, the nature of the crime committed by HIPOLITO?
recoiled and hit another person who happened to be in the a. Revised Penal Code
vicinity. In the case of US vs Tanedo, this hunter was b. Mala prohibita
_________________. c. Mala in se
a. convicted of homicide d. Special Penal Law
b. convicted of cruelty to chicken
c. acquitted due to “accident” 63. The new and independent act which is the immediate
d. acquitted for killing the chicken due to hunger cause of the injury and which breaks the connection
between the original wrong and the injury is referred to as
58. A and B were compelled under fear of threats to join the cause _________.
the Abu Sayyaf group. If charged in court for joining a a. efficient connecting
lawless group, what possible defense can A and B use in b. causal connecting
court? c. efficient intervening
a. Impulse of uncontrollable fear of an equal or greater d. effective intervening
injury
b. Accident 64. He is one who, at the time of his trial for one crime,
c. Lawful or insuperable cause shall have been previously convicted by final judgment of
d. Instigation another crime embraced in the same title of the Revised
Penal Code:
59. Which of these is exempted because he acted under a. Recidivist
lawful or insuperable cause? b. Reiteracion
a. A policeman who failed to file a complaint on time c. Habituality
because the distance between the place where he arrested d. Quasi-Recidivist
the accused without a warrant, and the place where the
prosecutor's office is located is such that the latter could 65. X was convicted by final judgment of theft. While he
not be reached within the 12 hour/18 hour/36-hour was serving sentence for theft, he was found in possession
requirement of the law. of marijuana. He was charged with possession of dangerous
b. A priest who did not report to the authorities the drugs under RA 9165, and was found guilty therein. Is X
confession of those who would commit treason. considered a quasi-recidivist?
c. A mother who had primapara, who at the time of a. Yes, A is considered a quasi-recidivist because he was
childbirth was overcome by extreme dizziness and left the serving sentence when he was found in possession of
child in the bushes because she lost her strength to carry dangerous drugs.
the child to safety. b. No, A is not a quasi-recidivist for the reason that offense
d. All of these for which he was serving sentence is different from the
second offense for which he was convicted anew.
60. The husband saw the wife bathing their son who was
afflicted with severe fever. The husband became enraged

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c. No, A is not a quasi-recidivist for the reason that the
second offense is not a felony or one which is punishable by
the Revised Penal Code.
d. No, A is not a quasi-recidivist because A should have
served out his first sentence first prior to conviction for the
second offense.
66. This aggravating circumstance is present when the
offender commits any of the crimes against 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 defense
which the offended party might make:
a. Treachery
b. Band
c. Nocturnity
d. Dwelling
67. What are the elements of nighttime/uninhabited place
so that it may be considered as an aggravating
circumstance?
a. When it facilitated the commission of the crime.
b. When especially sought for by the offender.
c. When the offender took advantage thereof for the
purpose of impunity.
d. All of these
68. Which of these is not a requisite of evident
premeditation?
a. The time when the accused determined to commit the
crime.
b. An act manifestly indicating that the accused had clung
to his determination.
c. Sufficient lapse of time between such determination and
execution to allow him to reflect upon the consequences of
his act.
d. Unlawful aggression
69. Which of these relatives is not considered in the
alternative circumstance of relationship?
a. Ascendant
b. Descendant
c. Legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degree of the offender
d. Uncle and auntie, niece and nephew
70. A took B's cell phone without the latter's consent. C,
without participating in the commission of the act, but
knowing that the phone was stolen, volunteered to sell the
cell phone to D for P2000. Both A and C shared 60/40 in the
proceeds of the sold stolen cell phone. What crime and
degree of participation was committed by A?
a. Principal in consummated robbery
b. Principal in consummated theft
c. Principal in frustrated theft
d. Principal in anti-fencing
Vision: A globally competitive university for science, technology, and environmental conservation.
Mission: Development of a highly competitive human resource, cutting-edge scientific knowledge
and innovative technologies for sustainable communities and environment.
71. From the foregoing situation, what crime was
committed by C?
a. Accomplice in consummated theft
b. Principal in consummated theft
c. Accessory in consummated theft
d. Co-conspirator in theft
72. Assume that D knew or had reason to believe that the
cell phone was stolen and yet, he still bought it. Did D
commit any crime?
a. Yes, violation of anti-fencing law.
b. No criminal liability at all.
c. Yes, D can be charged either as an accessory in the crime
of theft or as a violator of PD 1612, the Anti-Fencing Law.
d. Yes, as accessory but he is exempted.
73. What is this PHASE in the commission of the crime
where person did not stop the commission of the crime
because of spontaneous desistance or because of the
presence of the police until he performs all the acts of
execution but does not produce the felony?
a. Internal
b. External
c. Objective
d. Subjective
74. A mother stole jewelry from a jewelry store. The
daughter of that mother, knowing that her mother stole
these items, hid these pieces of jewelry so the police would
not see them. The daughter is __________.
a. a principal
b. an accomplice
c. an accessory but after the fact, not exempt from criminal
liability despite of her relationship to the principal
d. accessory but exempted from criminal liability due to her
relationship to the principal
75. A mother stole jewelry from a jewelry store. The
daughter of that mother, knowing that her mother stole
these items, got the pieces of jewelry from the mother and
sold them to an unsuspecting buyer. Thereafter, both the
mother and the daughter divided the money among
themselves. The daughter is ____________.
a. a principal
b. an accomplice
c. an accessory not exempted from criminal liability
d. an accessory but exempted from criminal liability due to
her relationship with the principal
76. A killed B. When C, the wife of A, knew of this
occurrence, she berated A. But she nevertheless helped A
to bury the dead body of B. C is ____________.
a. a principal
b. an accomplice
c. an accessory
d. an accessory but exempted from criminal liability
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77. A killed B. C, the best friend of A, was shocked when he
learned this. Since they are best friends, C helped A to bury
the corpse of B. C is _____________.
a. a real friend
b. an accomplice
c. a co-principal
d. an accessory
78. Article 48 is the complex crime provision of the RPC. It is
divided into two parts. The first part says “when a single act
constitutes two or more grave or less grave felonies", and
second part says “when an offense is a necessary means of
committing the other”. The second part is more
properly/strictly known as __________.
a. compound crime
b. complex crime proper
c. continuing crime
d. transitory crime
79. X used a Thompson submachine gun in unjustifiably
killing his opponents. X killed A, B and C by using this
machine gun by the simple and single act of pressing the
trigger. Choose the best argument for X's penalty.
a. X is guilty of complex crime of multiple homicide because
there is a single act only.
b. X is guilty of compound crime because he used a
submachine gun and should be punished for all the three
deaths that resulted regardless of his intent.
c. X is guilty of three separate crimes of homicide or murder
for every bullet which produced the death of another even
though the killing was just a result of single act of pressing
the trigger; no complex crime but separate crimes here are
involved.
d. X is guilty of attempted rape because he wants to kill A B
and C so that he can rape them afterwards.
80. 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?
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. There will be no effect at all because his relatives will be
the one to face trial and be punished in case of his
conviction.
81. A committed the crime of homicide on December 25,
2010. Homicide is punishable by reclusion temporal. For
some reason, no criminal case was filed against A even
though his identity is known by the police and by the
relatives of the victim. It was only on December 1, 2020
that a case for homicide was filed against A. Please give
your comment.
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a. X can be charged with homicide because the crime has
not yet prescribed.
b. X can't be charged with homicide anymore because the
crime has prescribed.
c. X can be charged with homicide because the penalty has
not yet prescribed.
d. X can't be charged with homicide anymore because the
penalty has prescribed.
82. A committed the crime of homicide (punishable by
reclusion temporal) on December 25, 2010. On August 1,
2011, he was sentenced by the Regional Trial Court to a
maximum of twenty years imprisonment. On January 1,
2012, A escaped from the New Bilibid Prison and
successfully hid from the authorities. On January 31, 2015,
he was apprehended at Dasmarinas Cavite. Please give your
comment.
a. X can be sent back to Bilibid because the crime has not
yet prescribed.
b. X can't be sent back to Bilibid because the crime has
prescribed.
c. X can be sent back to Bilibid because the penalty has not
yet prescribed.
d. X can't be sent back to Bilibid anymore because the
penalty has prescribed.
83. A committed unjust vexation on January 1, 2010. Unjust
vexation is a light offense punishable by 1 to 30 days of
imprisonment. Immediately after committing the crime,
your classmate advised A to go to the USA and stay therein
for a few months or years so that the crime may prescribe.
Was the advise legally correct?
a. Yes, because after the lapse of a certain time in hiding,
the crime will prescribe.
b. No, because prescription of crime does not run when the
offender is absent from the Philippines.
c. Yes, because the answer is no.
d. It depends if there is an extradition treaty between the
Philippines and the USA.
84. When a Filipino killed a Chinese on board a vessel
bearing the flag of Mexico while the vessel is in Philippine
waters or territory, may the criminal law of the Philippines
apply?
a. No, because the killing happened on board a Mexican
registered vessel.
b. Yes, because the offender is a Filipino citizen.
c. No, because the offended party is a Chinese citizen.
d. Yes, because the killing happened within the Philippine
waters or territory
85. What is the meaning of the maxim “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.
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d. Ignorance of the law excuses no one from compliance

therewith.
86. A jail guard who is in custody of a prisoner would be
held liable for infidelity in the custody of prisoners if he
consented to the escape of a prisoner under his charge.
What if the guard involved is an off-duty guard from the
BUCOR/BJMP/PNP and he took out a prisoner from the
place of confinement and replaced him with another? What
was the crime committed by the guard?
a. delivering prisoners from jail
b. infidelity in the custody of prisoners still
c. bribery
d. corruption of public officer
87. Our criminal law may be applied extraterritorially which
simply means that ___________>
a. our criminal law may be enforced by another sovereign
country
b. foreigners here in our country may be charged for
violation of our criminal law
c. those accused of crime may be arrested even outside of
our territory
d. Our criminal law may be applicable even outside of our
territory
88. A was the assigned prison guard from 9:00 pm to 11:00
pm. B, another guard, was to succeed A from 11:00 pm to
1:00 am. When the time for B to take over his duty at 11:00
arrived, he was sleeping, so A woke him up to deliver the
post to him. B refused to be awakened and continued to
sleep. A extended his tour of duty due to B's refusal to
succeed him. The prisoner escaped at around 11:30 pm,
while A was the one in the guard post. Is B liable for evasion
thru negligence?
a. No, because the custody of the prisoner was not yet
transferred to him by A when the evasion took place.
b. Yes, because the evasion of the prisoner took place
during his designated guard duty.
c. Both a and b
d. Only the prisoner is liable.
89. A Muslim guy who legally married four wives was found
to have killed his second wife. What crime was committed?
a. Parricide
b. Murder
c. Homicide
d. Infanticide
91. H (husband) caught W (wife) in the act of having sexual
intercourse with A, a neighbor. H became enraged, killed
both W and A on the spot. This type of killing is known as
what?
a. Parricide
b. Complex crime of parricide with homicide
c. Death inflicted under exceptional circumstances
d. No crime
92. What is this justifying circumstance wherein the person
assaulted is related to the accused by consanguinity within
the fourth degree?
a. Defense of relative
b. Parricide defense
c. Self-defense
d. Defense of stranger
93. X (husband) caught Y (wife) in the act of having sexual
intercourse with Z, a neighbor. X became enraged and
immediately inflicted serious physical injuries against both
Y and Z on the spot. What will happen to X if after trial the
above facts were proven?
a. Conviction for death inflicted under exceptional
circumstances.
b. Conviction for serious physical injuries inflicted under
exceptional circumstances.
c. Conviction for less serious physical injuries.
d. X will be declared exempted from punishment.
94. In relation to the immediately preceding question, what
if X only inflicted slight physical injuries upon Y and Z?
a. Conviction for death inflicted under exceptional
circumstances
b. Conviction for serious physical injuries inflicted under
exceptional circumstances
c. Conviction for less serious physical injuries
d. X will be declared exempted from any punishment
whatsoever.
95. X shot Y, producing a mortal wound. Y, knowing that he
would die anyway, decided to hasten his own death by
slashing his own throat causing his immediate death. Here,
X is _____________.
a. still criminally liable for homicide
b. not criminally liable for homicide
c. liable for physical injuries only
d. not liable at all

90. A father caught her married daughter who is already 18 96. Maria gave birth to a fetus with an intrauterine life of
years old having sex with a man who is not her husband. less than 7 months. Maria killed the fetus within 24 hours
The father immediately killed the daughter due to outrage. from its delivery. Maria committed
What crime was committed by the father if there is any? a. infanticide
a. No crime b. murder
b. Death inflicted under exceptional circumstances c. parricide
c. Parricide d. abortion
d. Murder

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97. Dingdong and Marian are husband and wife. Dingdong

contracted a subsequent marriage with Angel before his
former marriage was legally dissolved. Dingdong was
charged with Bigamy. The lawyer of Marian showed before
the court a copy of her marriage certificate to prove its
existence. Such evidence is considered as ___________.
a. original document
b. Corroborative
c. Documentary
d. Object

98. In the above scenario, if the lawyer of Marian showed

before the court a copy of her marriage certificate to prove
its content that Dingdong and Marian were legally married.
Such evidence is considered as ___________.
a. Best
b. Corroborative
c. Documentary
d. Object

99. In the same scenario, If Dingdong filed a petition for

declaration of nullity of his previous marriage with Marian
on the ground that both of them were minors when they
got married, Dingdong should prove his claim through
____________.
a. clear and convincing evidence
b. Preponderance of evidence
c. Proof beyond reasonable doubt
d. Substantial evidence

100. Gen. Borja, a public officer, and armed with a search

warrant, entered the house of Don Emilio. The search
warrant describes the subject of it as Heavy Machine Guns.
Upon searching Don Emilio`s house, Gen. Borja found
Methamphetamine Hydrochloride, May Gen. Borja seize
the Methamphetamine Hydrochloride?
a. Yes because Methamphetamine Hydrochloride is illegal
per se, which was searched in plain view.
b. No because Methamphetamine Hydrochloride is not
illegal per se.
c. Yes because Methamphetamine Hydrochloride is related
the principal accusation of arms smuggling.
d. No because Methamphetamine Hydrochloride is not
specifically stated in the search warrant.

Authored by:
Inst. Erick A. Gempesao, MMISM, RCrim, CST, CSP, CSI
Review Coordinator
Chairperson, College Review Committee

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No.