PRELIMINARY EXAMINATION

(CLJ 3 - CRIMINAL LAW 1)

SET B
Name : __________________________ Course and Year : _____________________ Score : ___________

I. IDENTIFICATION. 2 pts each question

____________________ 1. It means deficiency in perception or failure to foresee an impending danger.

____________________ 2. It means inflicting injury upon another person who is mistaken for another.
____________________ 3. It means the injurious result is greater than that intended or expected by the offender.
____________________ 4. It means such adequate and efficient cause as, in the natural order of events, and under the particular circumstances
surrounding the case, would necessarily produce the event.
____________________ 5. This refers to those which are always consummated by a single act.
____________________ 6. A branch or division of law that defines crimes, treats of their nature, and provides for their punishment.
____________________ 7. Nomenclature of crime when it violates the Revised Penal Code.
____________________ 8. Nomenclature of crime when it violates a Special Penal Law.
____________________ 9. Under this rule, crimes committed on board a foreign merchant vessel are not triable in the court of that country,
unless their commission affects the peace and security of the territory or the safety of the state is endangered.
____________________ 10. Under this rule, crimes committed on board foreign merchant vessel are triable in that country, unless they merely
affect things within the vessel or they refer to the internal management thereof.

II. TRUE OR FALSE. 2 pts each question

____ 1. Mr. Isog, a legislator from ABC province, uttered slanderous words while delivering a privilege speech in the House of
Representatives against Ms. Pacute, a congresswoman from XYZ province. Ms. Pacute may not sue Mr. Isog as the latter is immune from
criminal prosecution.
____ 2. When a crime is punished by special law, as a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the
intent to perpetrate the act prohibited by special penal law.
____ 3. In conspiracy, the act of one conspirator is treated differently from the act of the others.
____ 4. Except if provided by law, conspiracy and proposal to commit a crime being preparatory acts are not punished.
____ 5. Illegal possession of firearms is a mala prohibita crime.
____ 6. The commission of felony or offense is always punished by imprisonment.
____ 7. There is no crime where there is no law punishing it.
____ 8. As a general rule, penal laws shall not be given retroactive effect except if favorable to the accused.
____ 9. Felonies are committed not only by means of deceit (dolo) but also by means of default (culpa).
____ 10. The President of Z, a third-world country in Africa, visited the Philippines. During his stay in the Philippines, he raped a Filipina.
Under our criminal justice system, he may be prosecuted in the Philippines.

III. MULTIPLE CHOICE. 2 pts each question

1. Crimes with three stages of execution, namely, attempted, frustrated and consummated are called?
a. Developmental crimes
b. Material crimes
c. Formal crimes
d. Internal crimes

2. It means hitting somebody other than the target due to lack of skill or fortuitous instances.
a. Praeter Inentionem
b. Error in personae
c. Aberratio Ictus
d. Mistake of Fact

3. It means deficiency in action.

a. Imprudence
b. Negligence
c. Omission
d. None of the above

4. Crimes that are so serious in their effects on society as to call for almost unanimous condemnation of its members are called?
a. Mala prohibita
b. Mala culpa
c. Mala in se
d. Mala dolo

5. This is presumed from the commission of an unlawful act.

a. Freedom
b. Intent
c. Intelligence
d. Motive

6. A person who does not take direct part in the decision whether the crime should be committed but merely assents to the plan and
cooperate in its accomplishment is called?
a. Accessory
b. Principal
c. Accomplice
d. Conspirator

7. When the intention of the offender has been accomplished, the felony is:
a. Attempted
b. Frustrated
c. Consummated
 d. None of the above

8. When the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do
not produce it by reason of causes independent of the will of the perpetrator, the felony is:
a. Attempted
b. Frustrated
c. Consummated
d. None of the above

9. When the offender commences the commission of the felony directly by overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other than his own spontaneous desistance, the felony is:
a. Attempted
b. Frustrated
c. Consummated
d. None of the above

10. They are the authors of the crime.

a. Accessory
b. Accomplice
c. Victim
d. Conspirators

IV. ESSAY.

NOTE: Answers that are exactly written the same as the others will not merit any point. Start answering with a Yes or No followed by the
question asked (ex. Yes, the law is valid; No, the defense is not tenable). Thereafter, write down the related or applicable legal
provision/principle/concept to defend the answer. Finally, apply the legal basis to the facts of the legal problem. Do not complicate the
answers and simplify them as much as possible.

1. A law is passed making chewing gum illegal and requires the arrest of every person who has ever chewed gum even before the law existed.
Is the law valid? Explain. 10 pts

2. Babalu and Bufalo are identical twins. Yoyoy intended to kill Babalu but it was Bufalo whom he shot because he has mistaken Bufalo to be
Babalu. Standing trial for murder, Yoyoy contended that he should be acquitted since his real target is Babalu and he has no intention at all to
harm Bufalo. Is his defense tenable? Explain. 5 pts

3. Kikay, Badiday, and Bebang are the lovers of Bentong who is a womanizer. Upon knowing that they were romantically tricked by Bentong
at the same time, they conspired to kill Bentong. One night, while Bentong was walking drunk on a dark alley on his way home, Kikay and
Badiday surprised him and stabbed Bentong to death. Bebang, on the other hand, only acted as the look-out of the group. Charged for murder,
Bebang contented that she is not criminally liable as she was not the one who actually stabbed Bentong. Is her defense tenable? Explain. 5 pts

“Pursue excellence and success will come chasing you.” – 3 idiots movie