CRIMINAL LAW 1: REVIEW EXAM 1

DAGOHOY, N.K.M.

1. A Branch of municipal law which defines crimes, treats issued by the government.
of their nature and provides for their punishment.
C. Crimes committed against national security and the
law of nations.
A. Procedural Law D. Crimes committed against public order.
B. Civil Law
C. Criminal Law
8. Criminal law does not have any retroactive effect. This
D. Political Law characteristic of criminal law is known as
A. General
2. One of the following is not a characteristic of criminal B. Territorial
law. C. Prospective
D. Retroactive
A. General
B. Territorial
9. When the law is favorable to the accused, is an
C. Prospective
exception to which characteristic of criminal law.
D. Retroactive
A. General
3. Criminal law is binding on all person who reside or B. Territorial
sojourn in the Philippines. This characteristic of criminal C. Prospective
law is known as D. Retroactive

A. General
10. A Theory of criminal law, Basis is man's free will to
B. Territorial
choose between good and evil. The purpose of penalty is
C. Prospective retribution.
D. Retroactive
A. Classical Theory
4. One of the characteristics of criminal law is generality. B. Positivist Theory
Which of the following is not an exception to the principle
C. Mixed Theory
of generality.
D. None of the above.

A. Treaty Stipulation 1. Basis is the sum of social and economic phenomena

B. Laws of Preferential Application which conditions man to do wrong in spite of or contrary
C. Principles of Public International Law to his volition. This theory of criminal law is known as
D. None of the Above
A. Classical Theory
5. One of the following person is not immune from B. Positivist Theory
Philippine criminal law.
C. Mixed Theory
D. None of the above
A. Sovereigns and other chief of state
B. Ambassador 2. In the construction of penal laws, it must be
C. Consuls construed in favor of offender.
D. Charges d' Affaires
A. Strictly
6. Penal laws of the Philippines are enforceable only within B. Liberally
its territory. This characteristic of criminal law is known as C. Severely
D. Precisely
A. General
B. Territorial 3. Which of the following is not a limitation on power of
C. Prospective congress to enact penal laws.
D. None of the above
A. Ex post facto law
7. One of the following is not an exceptions to the B. Bill of Attainder
territorial principle of criminal law.
C. Law that violates the equal protection clause of
the constitution.
A. Offenses committed while on Philippine
D. None of the Above
ship or airship
B. Forging or counterfeiting any coin or currency
4. The Revised Penal Code took effect on
note of the Philippines or the obligations and securities
A. March 6, 1929
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DAGOHOY, N.K.M.

B. March 6, 1930 D. Omission

C. January 1, 1932
D. February 1, 1934 2. There is no crime when there is no law punishing it.
In criminal law, this principle is known as
5. What determines whether a vessel is a Philippine vessel A. Nullum crimen, nulla poene sine lege
for purposes of the application of criminal law? B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
A. Place of Registration
D. Actus Me Invito Factus Non Est Meus Actus
B. Place of Construction
C. Citizenship of the Owner
3. These Felonies are committed by means of deceit (dolo).
D. None of the Above
A. Culpable Felonies
6. Crimes committed aboard foreign vessel within the B. Intentional Felonies
territorial waters of a country are not triable in the courts C. Unintentional Felonies
of such country. In Criminal law, this principle is known as
D. None of the Above

A. The Philippine Rule

4. These Felonies are committed by means of fault.
B. The English Rule
C. The French Rule
A. Culpable Felonies
D. None of the Above B. Intentional Felonies
C. Unintentional Felonies
7. Crimes committed aboard a foreign vessel within the D. None of the Above
territorial waters of a country are triable in the courts of
such country. In Criminal law, this principle is known as
5. This classification of felony has the following requisites,
freedom, intelligence, and intent.
A. The Philippine Rule A. Culpable Felonies
B. The English Rule
B. Intentional Felonies
C. The French Rule
C. Unintentional Felonies
D. None of the Above
D. None of the Above

8. For Offenses committed aboard foreign vessel

6. This classification of felony has the following requisites:
committed in Philippine waters. What principle is
freedom, intelligence, negligence, and imprudence.
applicable to the Philippines.
A. Culpable Felonies
B. Intentional Felonies
A. The Philippine Rule
C. Unintentional Felonies
B. The English Rule
D. None of the Above
C. The French Rule
D. None of the Above
7. Which of the following is not a characteristics of an
offense mala in se?
9. Acts and omissions punishable by the RPC is known as
A. Moral trait of offender is considered.
A. Felonies
B. Good Faith is a defense
B. Crimes
C. Mitigating and aggravating circumstances
C. Misdemeanor
taken into account in imposing penalty
D. None of the Above
D. Degree of participation when there is more than
one offender is generally not taken into account
10. Acts and omissions punishable by any law is known as
8. Which of the following is not a characteristic of an
A. Felonies
offense mala prohibita?
B. Crimes
C. Misdemeanor
A. Mitigating and aggravating circumstance is
D. None of the Above
not generally taken into account
B. Degree of accomplishment of the crime is
1. Failure to perform a duty required by law.
taken into account only when consummated
A. Exception
C. Good Faith is not a defense
B. Exclusion
D. Moral trait of offender is considered.
C. Avoidance
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DAGOHOY, N.K.M.

6. A Stage in the execution of felonies when all the

9. Moving power which impels one to act. elements necessary for its execution and accomplishment
are present.
A. Motive
B. Intent A. Consummated
C. Purpose B. Frustrated
D. None of the Above C. Attempted
D. None of the Above
10. Purpose to use a particular means to effect a result.
A. Motive 7. This Stage in the execution of felonies have the
B. Intent following elements: a. offender performs all acts of
C. Purpose execution b. All the acts would produce the felony as a
D. None of the Above consequence c. But the felony is not produce d. By reason
of causes independent of the will of the perpetrator.
1. In Criminal Law, Error in Personae means
A. Consummated
A. Mistake in Identity B. Frustrated
B. Mistake in Blow C. Attempted
C. Lack of intent to commit so grave a wrong D. None of the Above
D. None of the Above
8. This Stage in the execution of felonies have the
2. In Criminal Law, Abberatio Ictus means following elements: a. Offender commences
the felony directly by overt acts b. Does not perform all
A. Mistake in Identity acts which would produce the felony c. His acts are not
B. Mistake in Blow stopped by his own spontaneous desistance
C. Lack of Intent to commit so grave a wrong
D. None of the Above A. Consummated
B. Frustrated
3. In Criminal Law, Praetor Intentionem means C. Attempted
D. None of the Above
A. Mistake in Identity
B. Mistake in Blow 9. In the stages of execution of felonies, the element that
C. Lack of intent to commit so grave a wrong all acts of execution are present, must be present in
D. None of the Above
A. Attempted and Frustrated
4. The cause which in the natural and B. Attempted and Consummated
continuous sequence, unbroken by any efficient C. Frustrated and Consummated
intervening cause, produces the injury without which the D. Frustrated and Attempted
result would not have occurred.
10. Which of the following do not admit of frustrated and
A. Immediate Cause attempted stages?
B. Intervening Cause
C. Proximate Cause A. Offenses punishable b y special penal laws
D. Natural Cause B. Formal Crimes
C. Impossible Crimes
5. Which of the following is not a requisites of an D. All of the Above
impossible crime?
1. Which of the following crimes do not admit of
A. Act would have been an offense against persons or frustrated stage.
property
B. Accomplishment is inherently impossible A. Rape
or inadequate or ineffectual or ineffectual means B. Bribery
are employed C. Adultery
C. Act is not an actual violation of another provision D. All of the Above
of the RPC or of special law.
D. There was no criminal intent 2. The General Rule is that light felonies are punishable
 CRIMINAL LAW 1: REVIEW EXAM 4
DAGOHOY, N.K.M.

only when they have been consummated. One of C. Justifying circumstance

the following is an exception.
D. Exempting circumstance

A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
D. None of the Above
3. Two or more persons come to an agreement for
the commission of a felony and they decide to commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. None of the above
4. A Person has decided to commit
a felony and proposes its execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
D. None of the above
10. Grounds for exception from punishment because there
is wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
ESSAY:
1. A, B, and C agreed to kill D. They went to look for D
and they found him in his garden tending his
orchard. A, B, and C further agreed that A would be
the one to shoot D. A while aiming his rifle against D
had second thoughts about what he is about to do.
A back-tracked and was followed by B and C. Is there
a conspiracy? What crime, if any, was committed by
A, B, and C? Why?

5. Under the RPC , afflictive penalties are imposed for a

A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

6. Under the RPC, Correctional penalties are imposed for a

A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

7. Under the RPC, arresto menor is imposed for a

A. Grave Felonies
2. A hit B with his fist inside a running jeepney because
B. Less Grave Felonies
B was snatching his (A's) watch. B fell from the
C. Light Felonies
jeepney and hit his head on the pavement causing
D. None of the Above
his (B's) death. Is A liable? Why?

8. Light Felonies are punishable by

A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years

9. Where the act of a person is in accordance with law,

such person is deemed not to have violated the law.

A. Mitigating circumstance
B. Aggravating circumstance
 CRIMINAL LAW 1: REVIEW EXAM 5
DAGOHOY, N.K.M.

3. A, armed with a 9mm caliber pistol, and B, who has

no weapon robbed a store. In the course of the
robbery, they were seen by policeman C who was
armed with a 38 caliber revolver. C demanded that A
and B surrender but A instead fired at C and missed.
C returned the shot and in the exchange, A and B
were killed so with the store-owner X. It was found
that the three were killed by 38 caliber bullets fired
from C's gun. Is C liable for the death of A, B, and X?
Why?

5. A was charged with the crime of frustrated homicide.

Homicide is penalized by reclusion temporal in its
full extent.

a.) What is the penalty for frustrated homicide?

b.) Suppose there is one mitigating circumstance, what would
be the penalty?
c.) Suppose there are two mitigating and one aggravating
circumstances, what would be the penalty?

_
4. A and B lived as husband and wife for several years.
B, the woman, helped A in their daily lives by selling
vegetables in the public market. A subsequently fell
in love with a younger woman, X, and left B. One
day, B saw A and X walking. She became jealous and
rushed to A and stabbed him. B was prosecuted for
homicide and was convicted, B claimed on appeal
that she be credited with the mitigating
circumstance of passion and obfuscation. Is B
correct? Why? 6. In January 1980, X killed B after an argument. The
killing was witnessed by Y, but Y kept silent. X left
the place and went to Mindanao. In 2001, X came
back to Manila. After X came back, Y broke his
silence and pointed to X as the culprit in the killing
of B. X was charged with homicide. X moved to
dismiss the case on the ground that the crime has
prescribed. If you were the judge, how would you
rule on the motion?
 CRIMINAL LAW 1: REVIEW EXAM 6
DAGOHOY, N.K.M.

8. A and B, both civilian guards, were seated inside the

guardhouse. While A was cleaning his service pistol,
B snatched it. In the ensuing struggle for the
possession of the weapon, A succeeded in wresting
it from the hand of B. But then the pistol exploded
with the bullet hitting the breast of C, another
civilian guard, who died as a consequence of the
gunshot wound. Is A criminally liable for the death of
7. Marlon, envious of his brother Jerome, planned to C? Justify your answer,
kill the latter by poison. Pursuant to his plan, he
purchased a poisonous substance from the
drugstore. He put the substance in his brother's
coffee the following morning. Unknown to him,
however, the store clerk mistakenly gave him
powdered milk instead of poison; hence his brother
did not die.

a.) What crime, if any, did Marlon commit?

9. Discuss the distinctions between dolo and culpa. Give

b.) Suppose that, because of his acute lactose an example of each.
intolerance, Jerome suffered from severe diarrhea and
had to be hospitalized for 10 days for ingesting the
coffee with powdered milk. Would your answer to the
first question be the same?
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DAGOHOY, N.K.M.

12. Differentiate a frustrated felony and an impossible

crime.

10. Distinguish crimes that are mala in se and crimes

that are mala prohibita.

13. Is motive indicative of criminal intent? Is lack of

motive proof of innocence? When is it necessary to
prove motive? Explain.

11. Discuss conspiracy as a crime and conspiracy as a

manner of incurring criminal liability.

14. When A saw B rushing towards him holding a bolo

and poised to strike him, he immediately picked up a
pointed iron bar and believing that his life was in
danger as B was close enough, he made a trust on B
hitting him on the stomach which caused the death
of B thereafter. The truth, however, is that B was
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DAGOHOY, N.K.M.

merely trying to play a joke on C who was then

behind A. Is A criminally liable for the death of B?
State your reasons.

16. Vicente hacked anacleto wih a bolo but the latter

was able to parry it with his hand, causing upon him
a two-inch wound on his right palm. Vicente was bot
able to hack anacleto further because three
policemen arrived and threatened to shoot vicente
of he did not drop his bolo. Vicente was accordingly
charged by thr police at the prosecutor's office for
attempted homicide. 25 days later, while the prelim
investigation was in progress, anacleto was rushed in
the hospital because of symptoms of tetanus
infection on the wound inflicted by vicente. Anacleto
died the following day. Can vicente be eventually
charged with homicide for the death of anacleto?
Explain.

15. After drinking one case of beer and taking two

plates of pulutan, Bindoy, a Filipino seaman stabbed
to death Sio My, a singaporean seaman, aboard MV
princess of the pacific, an overseas vessel which was
sailing in the south china sea. The vessel, althogh
panamanian registered, is owned by lucio sy, a
filipino businessman. When mv princess of the
pacific reached the philippine port at cebu city, the
captain of the vessel turned over the assailant
bindoy to the ph authorities. An information for
homicide was filed against Bindoy in the rtc of cebu.
He moved to quash the information for lack of
jurisdiction. DECIDE.

17. Oz and yo were both courting their co-employee,

sue (ramirez. Char lang). Because of theor bitter
rivalry, oz decided to get rid of yo by poisoning him.
Oz poured a substance into yo's coffee thinking it
was arsenic. It turned out that the substance was
white sugar substitute as Equal. Nothig happened to
yo after drinking coffee. What is the criminal liability
of oz? Explain.
 CRIMINAL LAW 1: REVIEW EXAM 9
DAGOHOY, N.K.M.

18. Sixteen year old Aliswan prodded Amethyst, his

girlfriend, to remove her clothing while they were
secretly together in her bedroom late one evening.
Failing to get a positive response from her, he
forcibly undressed her. Apprehensive about rousing
the attention of the household who did not know of b. Answering the criminal complaint filed by Alisto,
his presence inside her room, she resisted him with Amante contended that he had incurred no criminal
minimal strength, but she was really sobbing in a liability for lack of criminal intent on his part, his
muffled manner. He then undressed himself while intended victim being Aliswan, not Alisto. What is this
blocking- the door. Yet, the image of a hapless and defense of Amante, and explain if the same will
sobbing Amethyst soon brought him to his senses, prosper?
and impelled him to leave her room naked. He did
not notice in his hurry that Amante, the father of
Amethyst, who was then sitting alone on a sofa in
the sala, saw him leave his daughter's room naked.

Outside the house, the now-clothed Aliswan spotted

Allesso, Amethyst's former suitor. Knowing how
Allesso had aggressively pursued Amethyst, Aliswan
fatally stabbed Allesso. Aliswan immediately went
into hiding afterwards.

Upon learning from Amethyst about what Aliswan

had done to her, an enraged Amante wanted to
teach Aliswan a lesson he would never forget.
Amante set out the next day to look for Aliswan in
his school. There, Amante found a young man who
looked very much like Aliswan. Amante immediately
rushed and knocked the young man unconscious on
the pavement, and then draped his body with a
prepared tarpaulin reading RAPIST AKO HUWAG
TULARAN. Everyone else in the school was shocked
upon witnessing what had just transpired, unable to
believe that the timid and quiet Alisto, Aliswan's 19. Overjoyed by the award to his firm of a multi-billion
identical twin brother, had committed rape. (2017 government contract for the development of an
Bar Question) economic and tourism hub in the Province of Blank,
Mr. Gangnam allotted the amount of P100 Million to
a. Before the trial court, Aliswan moved that the cases serve as gifts for certain persons instrumental in his
should be dismissed because he was entitled to the firm's winning the award. He gave 50% of that
exempting circumstance of minority. Is his motion amount to Governor Datu, the official who had
correct? Explain your answer. signed the contract with the proper authorization
from the Sangguniang Panlalawigan; 25% to Bokal
Diva, the Sangguniang Panlalawigan member who
 CRIMINAL LAW 1: REVIEW EXAM 10
DAGOHOY, N.K.M.

had lobbied for the award of the project in the
Sangguniang Panlalawigan; and 25% to Mayor Dolor
of the Municipality where the project would be
implemented. Governor Datu received his share
through his wife, Provincial First Lady Dee, who then
deposited the amount in her personal bank account.
Previously, upon facilitation by Bokal Diva, Mr.
Gangnam concluded an agreement with Mayor
Dolor for the construction of the Blank Sports Arena
worth ₱800 Million. The project was highly
overpriced because it could be undertaken and
completed for not more than ₱400 Million. For this
project, Mayor Dolor received from Mr. Gangnam a
gift of ₱10 Million, while Bokal Diva got ₱25 Million.
Bernardo stabbed the judge at least 20 times. The
judge instantly died.
Prosecuted and tried, Bernardo was convicted of
direct assault with murder. Rule with reasons
whether or not the conviction for direct assault with
murder was justified, and whether or not the trial
court should appreciate the following aggravating
circumstances against Bernardo, to wit: (1) disregard
of rank and age of the victim, who was 68 years old;
(2) dwelling; (3) nighttime; (4) cruelty; and (5) quasi-
recidivism. (2017 Bar Question)

In both instances, Bokal Diva had her monetary gifts

deposited in the name of her secretary, Terry, who
personally maintained a bank account for Bokal
Diva's share in government projects.

Define wheel conspiracy and chain conspiracy. Is

either or both kinds existent herein? Explain your
answer. (2017 Bar Question)

21. Porthos made a sudden turn on a dark street, and

20. Bernardo was enraged by his conviction for robbery
by Judge Samsonite despite insufficient evidence.
Pending his appeal, Bernardo escaped in order to
get even with Judge Samsonite. Bernardo learned
that the judge regularly slept in his mistress' house
every weekend. Thus, he waited for the judge to
arrive on Saturday evening at the house of his
mistress. It was about 8:00 p.m. when Bernardo
entered the house of the mistress. He found the
judge and his mistress having coffee in the kitchen
and engaging in small talk. Without warning,
his Rolls-Royce SUV bumped the rear of a parked
Cadillac Sedan inside which Aramis was then taking a
nap. Angered by the violent Impact, Aramis alighted
and confronted Porthos who had also alighted.
Aramis angrily and repeatedly shouted at Porthos:
Putang Ina mo! Porthos, displaying fearlessness,
aggressively shouted back at Aramis: Wag kang
magtapang-tapangan dyan, papatayin kita! Without
saying anything more, Aramis drew his gun from his
waist and shot Porthos in the leg. Porthos' wound
was not life threatening. (2017 Bar Question)
(a) What are the kinds of unlawful aggression, and
which kind was displayed in this case? Explain your
answer.

(b) Standing trial for frustrated murder, Aramis
pleaded self-defense. The Prosecution's contention
was that the plea of self-defense applied only to
consummated killings. Rule, with explanations, on
the tenability of Aramis' claim of self-defense, and
on the Prosecution's contention.
22. Pedro is married to Tessie. Juan is the first cousin of
Tessie. While in the market, Pedro saw a man
stabbing Juan. Seeing the attack on Juan, Pedro
picked up a spade nearby and hit the attacker on his
head which caused the latter's death.
Can Pedro be absolved of the killing on the ground
that it is in defense of a relative? Explain. (2016 Bar
Question)
CRIMINAL LAW 1: REVIEW EXAM 11
DAGOHOY, N.K.M.
23. Romeo and Julia have been married for twelve (12)
years and had two (2) children. The first few years of
their marriage went along smoothly. However, on
the fifth year onwards, they would often quarrel
when Romeo comes home drunk. The quarrels
became increasingly violent, marked by quiet
periods when Julia would leave the conjugal
dwelling. During these times of quiet, Romeo would
"court" Julia with flowers and chocolate and
convince her to return home, telling her that he
could not live without her; or Romeo would ask Julia
to forgive him, which she did, believing that if she
humbled herself, Romeo would change. After a
month of marital bliss, Romeo would return to his
drinking habit and the quarrel would start again,
verbally at first, until it would escalate to physical
violence.
One night, Romeo came home drunk and went
straight to bed. Fearing the onset of another violent
fight, Julia stabbed Romeo while he was asleep. A
week later, their neighbors discovered Romeo's
rotting corpse on the marital bed. Julia and the
children were nowhere to be found. Julia was
charged with parricide. She asserted "battered
woman's syndrome" as her defense. (2016 Bar
Question)
CRIMINAL LAW 1: REVIEW EXAM 12
DAGOHOY, N.K.M.