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QUESTIONS IN CRIMINAL LAW (Book 1)

1. It is a characteristic of criminal law in that criminal is binding on all, persons who


live or sojourn in Philippine territory.

a. territorial
b. general
c. prospective
d. preferential

2. It is a characteristic of criminal law in that criminal laws undertake to punish


crimes committed within Philippine territory.

a. territorial
b. general
c. prospective
d. preferential

3. What characteristic of criminal law is enunciated in Art. 366 of the Revise Penal
Code in which crimes are punished under the laws in force at the time of their
commission?

a. territorial
b. general
c. prospective
d. preferential

4. Which of the following laws should be given retroactive application?

a. A law that is expressly made inapplicable to pending actions or existing causes of


actions.
b. A law that imposes a higher penalty than what was imposed at the time of the
commission of the offense.
c. A law that imposes a lesser penalty than what was imposed at the time of the
commission of the offense.
d. All of these

5. Heads of states and diplomatic representatives are exempted from the general
application of our criminal laws because of:

a. treaty stipulations
b. principles of public international law
c. law of preferential application
d. all of these

6. Which of the following is a characteristic of the positivist theory in criminal law?

a. That man is essentially abnormal creature with an absolutely time will to choose
between good and evil, thereby placing more stress upon the effect or result of
the felonious act than upon the man, the criminal himself
b. The basis of criminal liability is human free will and the purpose of the penalty is
retribution.
c. That man is subdued occasionally by strange and morbid phenomenon which
constrains him to do wrong, in spite of contrary to his volition
d. All of these

7. In which of the following cases should be the Revised Penal Code be applied?

a. A crime of homicide committed on a board a Philippine merchant vessel by a


member of a crew against another in the territory of another country.
b. A crime not involving a breach of public order committed on board a foreign
merchant vessel in transit.
c. A crime committed on board a foreign warship in the Philippines territorial
waters.
d. Smoking opium on board a foreign merchant vessel while anchored two and
one-half miles in Manila Bay.

8. In which of the following cases committed outside of the Philippines should the
Revised Penal Code not be applied?

a. When the offender should forge or counterfeit any coin or currency note of the
Philippines or obligations and securities issued by the Government.
b. When the offender, while being a public officer or employee should commit an
offense in the exercise of his functions.
c. When the offender should commit any of the crimes against the national security
and the law of nations.
d. A crime of homicide committed on board a vessel registered in the Philippine
Bureau of Customs by a member of a crew against another in the territory of
another country.

9. In which of the following cases is motive not relevant in determining criminal liability?

a. When the identity of the person accused of having committed a crime is in


dispute.
b. If the evidence is merely circumstantial
c. To ascertain the truth between two antagonistic theories or versions of the
killing.
d. When the accused has been positively identified.

10. In which of the following cases should the resulting injury be not considered as the
direct, natural and logical consequence of the felony committed?

a. A man who was threatened or chased by another with a knife jumped into the
water and because of the strong current or because he did not know how to
swim he sank down and died of drowning.
b. A man wounded another with a bolo. When the victim entered the hospital, no
anti-tetanus injection was given to him and the wounds became infected when
he went out of the hospital.
c. A man struck another with his fist and knocked him down and a horse near them
jumped upon the latter and killed him.
d. The deceased who was suffering from internal malady was given fist blows by
another on his back and the abdomen, producing inflammation of the spleen and
peritonitis causing his death.

11. What should a court do whenever it has knowledge of any act which it may deem
proper to repress and which is not punishable by law?

a. Apply the customs and traditions of the locality,


b. Report to the Chief Executive through the Department of Justice the reasons
penal legislation and wait for the Congress to enact a law punishing the crime
before rendering its judgment.
c. Render the proper decision by dismissing the case and acquitting the accused
and make a report to the Chief Executive, through the Department of Justice,
stating the reasons, which induce him to believe that the said act should be
made the subject of penal legislation.
d. Submit a statement to the Chief Executive, through the Secretary of Justice,
recommending executive clemency.

12. What should the court do when after trial it found an accused guilty of the charge but
the penalty provided by the law and which the court imposed for the crime committed
appears to be clearly excessive because the accused acted with lesser degree of malice
or there was no injury or the inquiry caused was of lesser gravity?

a. Suspend the execution of the sentence and make a report to the Chief
Executive, through the Secretary of Justice, stating the reasons which induce
him to believe that the law should be make a subject of legislative amendment
to reduce the penalty imposed on the offense.
b. Execute the sentence and make a report to the Chief Executive, through the
Secretary of Justice, stating the reasons which induced him to believe the law
should be made a subject of legislative amendment to reduce the penalty
imposed on the offense.
c. Should not suspense the execution of he sentence and submit a statement to
the Chief Executive, through the Secretary of Justice, recommending executive
clemency.
d. None of these.

13. When is a felony frustrated?

a. When the offender has already performed all the acts of execution which would
produce the felony as a consequence but which, nevertheless, did not produce it
by reason of causes independent of the will of the perpetrator.
b. The evil intent of the offender cannot be accomplished because the means
employed by the offender is inadequate or ineffectual.
c. When the offender has already commences the commission of the felony directly
by overt acts, and did 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.
d. When all the elements necessary for the execution of the felony are present.

14. The evil intent of the offender could not be accomplished because the means
employed by him inadequate or ineffectual.
a. Frustrated felony
b. Attempted felony
c. Impossible crime
d. None of these

15. Which of the following cases the stage of execution was only frustrated?

a. The offender stabbed the victim in the abdomen, penetrating the liver, and in the
chest. Only the prompt and skillful medical treatment the victim received saved
his own life.
b. The offender, with intent to kill fired four successive shots at the offended party,
but missed, while the latter was fleeing to escape from his assailant and save his
own life.
c. The offender approached his intended victim stealthily from behind and stabbed
him on the back with a deadly knife but the blow instead of hitting the spot
intended, landed on the frame of the back of the chair which the intended victim
was sitting at the time and did not cause the slightest physical injury on the latter.
d. Where the head of the victim was merely grazed by the shot which hit him, the
wound being far from fatal.

16. It exist when two or more persons come to an agreement concerning the
commission of a felony and decided to commit it.

a. conspiracy to commit a felony


b. proposal to commit a felony
c. plan to commit a felony
d. none of these

17. It is the quality by which an act may be ascribed to a person as its author or owner. It
implies that the act committed has been freely and consciously done and may, therefore,
be put down to the doer as his very own.

a. responsibility
b. proposal to commit a felony
c. plan to commit a felony
d. intelligence

18. These are circumstances where the acts of a person is said to be in accordance with
law, so that such person is deemed not to have transgressed that law and is free from
both criminal and civil liability.

a. justifying circumstances
b. exempting circumstances
c. mitigating circumstances
d. aggravating circumstances

19. These are circumstances that affect criminal liability because there is wanting in the
agent of the crime any of the conditions which makes the act voluntary or negligent.

a. justifying circumstances
b. exempting circumstances
c. mitigating circumstances
d. aggravating circumstances

20. A kind of aggravating circumstance that must , of necessity accompany the


commission of the crime.

a. Generic
b. Specific
c. qualifying
d. inherent

21. A kind of aggravating circumstance that changes the nature of the crime.

a. generic
b. specific
c. qualifying
d. inherent

22. Circumstances which must be taken into consideration as aggravating or mitigating


according to the nature and effects of the crime and the other conditions attending its
commission.

a. alternative circumstances
b. justifying circumstances
c. exempting circumstances
d. none of these

23. Which of the following is a circumstance that would justify a person from committing
an act, which he could be held criminally liable if the same is not present?

a. An act done in obedience to an order of a superior for some lawful purpose.


b. An act done under the impulse of an uncontrollable fear of an equal or greater
injury.
c. An act done under the compulsion of an irresistible force.
d. That of having acted upon an impulse so powerful as naturally have produced
passion and obfuscation.

24. Which of the following is a mitigating circumstance?

An act done in obedience to an order of a superior for some lawful purposes.


An act done under the impulse of an uncontrollable fear of an equal or greater injury.
An act done under the compulsion of an irresistible force.
That of having acted upon an impulse so powerful as naturally have produced
passion and obfuscation.

25. Which of the following is an exempting circumstance?

a. An act done in obedience to an order of a superior or some lawful purpose.


b. An act done under the impulse of an uncontrollable fear of an equal or greater
injury.
c. An act done in the fulfillment of a duty or in the lawful exercise of a right office.
d. That of having acted upon impulse so powerful as naturally to have produced
passion and obfuscation.

26. Which of the following alternative circumstances is aggravating?

a. intoxication, if not habitual.


b. Intoxication, if not intentional or not subsequent to the plan to commit a felony.
c. Relationship, in crimes against chastity.
d. high degree of education, when offender did not avail himself of his learning in
committing the crime of physical injuries.

27. Which of the following circumstances is not a requisite of self-defense?

a. Unlawful aggression.
b. Reasonable necessity of the means employed to prevent or repel it.
c. The person defending be not induced by revenge, resentment, or evil motive.
d. Lack of sufficient provocation on the part of the person defending himself.

28. In which of the following cases does an lawful aggression exists?

a. The act of a police officer in throwing stones at the offender when the latter ran
away from him to elude arrest for a crime committed in his presence.
b. The act of policeman who, after firing five warning shots in the air, aimed directly
at escaping prisoner when he had already reason to fear the latter would be able
to elude him and his companion.
c. The act of an offended husband in giving several blows of a bolo to the
paramour of his wife when he surprised him and his wife in the act of sexual
intercourse.
d. Two persons accidentally met in the street. One slapped the face of the other
and the latter repelled it by clubbing him and inflicting upon him less serious
physical injuries.

29. In which of the following cases does the means employed to prevent or repelled the
unlawful aggression reasonably necessary?

a. A person who was attack by another, of his size and strength, with fist blows only
has inflicted upon his assailant a mortal wound with a dagger.
b. A woman killed a man with a knife when the latter placed his hand on her upper
thigh while she was seated at the bench in a chapel where there were many
people when the place was well lighted.
c. A sleeping woman, who was awakened by her brother in law grasping her arm
killed him with a knife despite the fact that he did not perform any other act which
could be construed as an attempt against her honor.
d. The use of a police officer of his service revolver in repelling the aggression of a
person who assaulted him with a kitchen knife and continued to give him thrusts
in the confines a small room.

30. Which of the following relatives can be defended in accordance with paragraph 2. of
ART. 11 of the revised penal code?
a. spouse
b. ascendants
c. relative by consanguinity with in the fourth civil degree.
d. All of these

31. Which of the following circumstances is not a requisites of defense of stranger?

a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it.
c. In case the provocation was given by the person attacked, the person making
the defense had no part therein.
d. The person defending be not induced by revenge, resentment, or other evil
motive.

32. Which of the following cases was the father justified in killing the person attacking his
son?

a. A, had slapped the face of B who retaliated by drawing a knife and tried to stop
A, and C, father of A, killed B in defense of his son.
b. C induced his son A to injure B obeying his father, A slapped the face of B who
retaliated by drawing a knife and tried to stab B, and C killed B in defense of his
son.
c. A, had slapped the face of B who retaliated by drawing a knife and tried to stab
A, and C, father of A, killed B in defense of his son. It was learned that C as an
old grudge with B so that he was also induced by revenge of hatred at the time
he killed B.
d. All of these.

33. Which of the following cases did the person acted in defense of a stranger?

a. Pedro heard screams and cries for help. When he responded, he saw Juan
attacking his (Juan’s) wife with a knife. Pedro approached Juan and struggled for
the position of the weapon, in the course of which Pedro inflicted wounds on
Juan.
b. Pablo, at a distance of a about 10 meters from his house, heard his wife
shouting for help. He rushed to the house and once inside saw jimmy on top of
his wife forcibly abusing her. Pedro drew his bolo and hacked jimmy at the based
of his neck.
c. A acted in defense of the husband of A’s sister in law.
d. Some of these.

34. which is not requisites of avoidance of greater evil or injury?

a. That the evil sought to be avoided actually exists.


b. That the injury feared be greater than that done to avoid it.
c. That the means used to avoid the injury is lawful.
d. That there be no other practical or less harmful means of preventing it.
35. In the following cases, which is not an act of necessity under paragraph 4.of ART.11
of the revised penal code?

a. Fire breaks out in a cluster of nipa houses, and to prevent its spread to adjacent
house of strong materials, the surrounding nipa houses were pulled down.
b. During a storm the ship which was loaded with goods was in danger of sinking.
The captain of the ship ordered part of the goods thrown over board.
c. An escaped convict has to steal clothes in order to move about unrecognized.
d. None of these

36.Which is not a requisites in obedience to an order issued for some lawful purpose?

a. that an order has been issued by a superior.


b. That such order must be for some lawful purspose.
c. That the means used by the subordinate to carry out said order is lawful.
d. None of these.

37. What is the basis of exempting a person from criminal liability under Art. 12 of the
Revised Penal Code?

a. Complete absence of intelligence


b. Complete absence of freedom of action.
c. Complete absence of an intent
d. All of these

38. Who among the following persons is exempt in all cases from criminal liability?

a. an imbecile
b. a person under nine year of age
c. an insane
d. some of these

39.The age of mitigated responsibility.

a. over nine and under 15, the offender acting with discernment
b. 15 over but less than 18
c. Over 70 years
d. All of these

40.The age of conditional responsibility

a. nine years and below


b. 18 years or over to 70
c. Between nine and 15 years
d. 15 years over but less than 18 years

41. The age of full responsibility


a. 18 years or over to 70 years
b. Nine years and below
c. Between nine and 15
d. None of the above

42. It is something that happens outside the sway of our will, and although it comes
about through some act of our will, lies beyond the bounds of humanly foreseeable
consequences.

a. negligence
b. accident
c. force majeure
d. all of these

43. A driver while driving his car on the proper side of the road at a moderate speed and
with due negligence, suddenly and unexpectedly saw a man in front of his vehicle
coming from the sidewalk and crossing the street without any warning that he would do
so. Because it was not physically possible to avoid hitting him, the driver ran over the
man with his car. Under what circumstances the driver be exempted from criminal
liability?

a. By accident
b. Avoidance of greater evil or injury
c. Uncontrollable fear
d. None of these

44. What is meant by discernment under par. Art. 12 of the Revised Penal Code.

a. It is the mental capacity of a minor between 9 and 15 years of age to fully


appreciate the consequences of his unlawful act.
b. It is the mental capacity to understand the difference between right and wrong.
c. It is the ability to grasp the significant factors of a complex problem of or new
situation.
d. Some of these.

45. Which of the following is not a requisite of the justifying circumstances of fulfillment
of duty of lawful exercise of a right or office?

a. That the accused acted in the performance of a duty or in the lawful exercise of
right or office.
b. That the injury caused or the offense committed be the necessary consequence
of the due performance of duty or the lawful exercise of such right or office.
c. That the means used to carry out the duty or the lawful exercise of such right or
office is lawful.
d. None of these.

46. Which of the following statement is true?


a. when the order of a superior is not for a lawful purpose, the subordinate who
obeyed it is criminal liable.
b. The subordinate is not liable for carrying out an illegal order of his superior, if he
is not aware of the illegality of the order and he is not negligent.
c. Both the person who gives order and the person who executes it, must be acting
within the limitations prescribed by law.
d. All of these

47. Which of the following statement is true?

a. In defense of relative, the fact that the relative gave provocation is immaterial.
b. Defense of relative also requires that there be unlawful aggression.
c. Provocation given by the person who defended himself four days before unlawful
aggression will negate self-defense.
d. All of these.

48.Which of the following statement is not true?

a. In exempting circumstances, there is a crime committed but no criminal liability


arises.
b. To constitute insanity, there must be a complete deprivation of the freedom of the
will.
c. A person under nine years of age who acted with discernment when he
committed the offense is criminal liability.
d. None of these.

49. What will be the effect on the criminal liability of the accused who was sane when he
committed the crime, but becomes insane at the time of the trial?

a. His criminal liability will be extinguished.


b. He is still criminally liable but his trial will be suspended until his mental capacity
will be restored to afford him a fair trial.
c. He is exempt from criminal liability under par. 1 of Art. 12 of the Revised Penal
Code.
d. None of these.

50.Which of the following statement is not true?

a. The defense must prove that the accused was insane at the time of the
commission of the offense.
b. The court has the power to permit an insane person to leave the asylum even
without the opinion of the Department of Health that the insane be released
without danger.
c. When person was sane at the time of the commission of the crime, but becomes
insane during the trial, he is still liable criminally.
d. None of these.

51.Which of the following is not an element of the exempting circumstance under the
compulsion of an irresistible force?

a. That the means of compulsion is by mean of a physical force.


b. That it promises an evil of such gravity and imminence that the ordinary man
would succumbed to it.
c. That the physical force must be irresistible.
d. None of these.

52. A circumstance where the offender uses violence or physical force to compel another
person to commit a crime.

a. uncontrollable fear
b. Irresistible force.
c. Passion or obfuscation
d. None of these

53. A circumstance where the offender employs intimidation or threat in compelling


another to commit a crime.

a. uncontrollable fear
b. irresistible force
c. passion or obfuscation
d. none of these

54. Which is not a requisite of the exempting circumstance of uncontrollable fear?

a. existence of uncontrollable fear


b. the fear must be real and imminent
c. the fear must be irresistible
d. the fear of an injury is greater than or at least equal to that committed.

55. Which of the following statement is not true?

a. Duress as valid defense should be based on real, imminent, or reasonable fear


for one’s life of limb and should not be speculative.
b. To be valid defense, the compulsion must be of such character as to leave no
opportunity to the accused for escape or self-defense in equal combat.
c. Speculative, fanciful and remote fear is an uncontrollable fear.
d. None of these.

56. Which is not an element of the exempting circumstance or prevented by some lawful
insuperable cause?

a. That an act is required by law to be done.


b. That the person fails to perform such act.
c. That his failure to perform such act was due to an irresistible force.
d. None of these

57. Which of the following statements is not true?

a. Person who act by virtue of a justifying circumstance is does not transgress the
law because there is nothing unlawful in the act as well us in the intention of the
actor.
b. In exempting circumstance there is a crime but there is no criminal liability.
c. In justifying circumstances, there is no civil liability except in causing damage to
another in state of necessity.
d. None of these

58. Which of the following is an absolutory cause?

a. Light felony is only attempted or frustrated and is not against person or property.
b. A legally married person, who, having surprise his spouse or daughter in the act
of committing sexual intercourse with another person, shall inflict upon then
physical injuries.
c. The commission of theft, swindling, or malicious mischief by the widowed spouse
with respect to the property of the deceased spouse before the same shall have
passed into the position of another.
d. All of these

59. It is committed when the police officer or an detective induces an innocent person to
commit a crime and would arrest him upon or after the commission of the crime.

a. Instigation
b. Entrapment
c. Compulsion
d. All of these

60. The idea and result to commit the crime come from the criminal and the officer
resorts to ways and means to trap and capture a law breaker while executing his
criminal plan.

a. Instigation
b. Entrapment
c. Compulsion
d. None of these

61. Which of the following statement is not true?

a. Mitigating circumstances does not only reduce the penalty, but changes the
nature of the crime
b. Ordinary Mitigating circumstance is susceptible of being offset by any
aggravating circumstance.
c. Privileged mitigating cannot be offset by aggravating circumstance.
d. None of these

62. Which of the following is not an ordinary mitigating circumstance?

a. When the offender had no intention to commit so grave a wrong as that


intended.
b. When sufficient provocation or threat the part of the offended party immediately
precede the act.
c. When the offender had acted upon an impulse so powerful has naturally to have
produce passion or obfuscation.
d. None of these
63. It is understood has any unjust or improper conduct or act of the offended party,
capable of exciting, inciting, or irritating anyone.

a. Instigation
b. Provocation
c. Threat
d. Inducement

64. Which is not a requisite of the mitigating circumstance of sufficient provocation on


the part of the offended party?

a. That the offender was performing a lawful act.


b. That the provocation must be sufficient.
c. That is must originate from the offended party.
d. That the provocation must be immediate to the act.

65. Who among the following is not included in the persons against whom the grave
offense could have been done to entitle the offender with the application of the mitigating
circumstance of vindication of a grave offense?

a. Spouse
b. ascendants or descendants
c. adopted brother or sister
d. All of these

66. Which of the following statements is not true?

a. In provocation, it is necessary that the provocation or threat immediately


preceded the act, or these must be no interval of time between the provocation
and the commission of the crime.
b. In vindication, the vindication of the grave offense must be proximate, which
admits of an interval of time between the grave offense done by the offended
party and the commission of the crime by the accused.
c. In provocation, the cause that brought about the provocation not be a grave
offense.
d. In vindication, the grave offense must be directly only to the person committing
the felony.

67. Which is not a requisite of a voluntary surrender?

a. That the offender had not been actually arrested?


b. That the offender surrendered himself to a person in authority or to the latter’s
agent.
c. That the surrender must be made before the issuance of a warrant for his arrest.
d. That the surrender was voluntary.

68. Which of the following cases the surrender of the accused was not voluntary?
a. The accused after stabbing the victim ran toward the police station and upon
seeing a police officer drop his knife, raised his hands and said to the police
officer “here is my knife, I stabbed the victim”.
b. Where the accused after committing the offense and having an opportunity to
escape, voluntarily waited for the police and voluntary gave himself up.
c. The accused went into hiding and surrendered only when he realized that the
forces of the law where closing in on him.
d. None of these

69. Which of the following circumstances shall only serve to aggravate or mitigate the
liability of the principles, accomplices, and accessories has to whom such circumstances
are attendant?

a. Aggravating or mitigating circumstances which arise from the moral attributes of


the offender.
b. Aggravating or mitigating circumstances which arise from the offenders private
relations with the offended party.
c. Aggravating or mitigating circumstances which arise from any other personal
cause.
d. All of these

70. Which of the following circumstances is neither exempting nor mitigating?

a. Mistake in blow or aberratio ictus.


b. Mistake in the identity of the victim.
c. Entrapment of the accused.
d. All of these

71. Which of the following statement is not true?

a. The effect of generic circumstance, not offset by any mitigating circumstance. Is


to increase the penalty which should be imposed upon the accused to the
maximum period but without exceeding the limit prescribed by law
b. The effect of qualifying circumstance is not only to give the crime its proper and
exclusive name but also to place the author thereof in such a situation as to
deserve no other penalty that the specially prescribed by law for the said crime.
c. Qualifying aggravating circumstance can be offset by a mitigating circumstance.
d. All of these

72. Which of the following statement is not true?

a. Aggravating circumstances which themselves constitute a crime specially


punishable by law, or which are included by the law in defining a crime and
prescribing the penalty therefore shall not be taken into account for the purpose
of increasing the penalty
b. Aggravating circumstance inherent in the crime shall not be taken into account
for the purpose of increasing the penalty to such a degree that must of necessity
accompany the commission thereof.
c. It is not necessary to prove fully the aggravating circumstance in order to
increase the penalty.
d. All of these
73. Which is not requisite of the aggravating circumstance of contempt or insult to public
authorities?

a. That the public authority is engage in the exercise of his functions.


b. That crime was committed against the public authority.
c. The offender knows him to be a public authority.
d. All of these.

74. What does rank mean in par. 3 of art. 14 of the revised penal code, that is, disregard
of rank?

a. It refers to a high social position of standing as grade in the arm forces.


b. It refers to a grade or official standing, relative position in civil or social life, or in
any scale of comparison, status, grade including its grade, status or scale of
comparison within position
c. Refers to the order or place in which said officers are placed in the army and
navy in relation to others.
d. All of these

75. In which of the following cases does sex should not be considered as an aggravating
circumstance?

a. Direct assault upon the lady teacher


b. Upon knowing the death of his relative, not being able to take revenge of the
killers, because of the imprisonment, the accused selected and kill the female
relative of the killers in retaliation.
c. In a crime of coercion where a person compels a woman to go to his house
against her will.
d. In a crime of rape, parricide, abduction or seduction.

76. What aggravates the commission of the crime in one’s dwelling?

a. The abused confidence which the offended party reposed in the offender by
opening the door to him.
b. The violation of sanctity of the whole by trespassing therein with violence or
against the will the owner.
c. One’s dwelling place is a sanctuary worthy of respect
d. All of these

77. In which of the following cases dwelling is not aggravating?

a. The victim who asleep in his house was shot as he opened the door of his house
upon being called and awakened by the accused.
b. The killing took place his outside of the dwelling but the crime was begun at the
dwelling.
c. When both the offender and offended party are occupants of the same house.
d. None of these.

78. Which is not a requisite of abuse of confidence and obvious ungratefulness?


a. The offender and offended party occupy the same house.
b. That the offended party had trusted the offender.
c. That the offender abused such trust by committing a crime against the offended
party
d. That the abuse of confidence facilitated the commission of the crime.

79. Whenever more than arm malefactors shall have acted together in the commission
of an offense.

a. Band
b. Conspiracy
c. With aid of armed men who insure afford impunity
d. None of these

80. Which is not a requisite of with aid of armed men or persons who insure or afford
impunity as an aggravating circumstance?

a. The arm men must be composed of more than three malefactors.


b. That the arm men or person took part in the commission of the crime, directly or
indirectly.
c. That the accused availed himself of the aid of the armed men or relied upon
them when the crime was committed.
d. None of these

81. When the person at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the revised
penal code, it is:

a. Reiteracion or habituality
b. Recidivism
c. Multi-recidivism or habitual delinquency
d. Quasi-recidivism

82. When the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.

a. Reiteracion or habituality
b. Recidivism
c. Multi-recidivism or habitual delinquency
d. Quasi-recidivism

83. When the person within a period of ten years from the date of his release or last
conviction of the crime of serious or less serious physical injuries, robbery. Theft, estafa
or falcification, is found guilty of any the said crimes a third time or oftener.

a. Reitaracion or habituality
b. Recidivism
c. Multi-recidivism or habitual delinquency
d. Quasi recidivism
84. When a person commits a felony after having been convicted by final judgment,
before beginning to serve such sentence or while serving the same.

a. Reitaracion or habituality
b. Recidivism
c. Multi-recidivism or habitual recidivism
d. Quasi-recidivism

85. Which is not a requisite of a recidivism as an aggravating circumstance?

a. That the offender is on trial for an offense.


b. That he was previously convicted by final judgment of another crime
c. That both the first and the second offenses are embraced in the same title of the
code
d. That he previously served sentence for another offense to which the law
attaches an equal or greater penalty, or for two or more crimes to which the law
attaches lighter penalty than that for the new offense

86. Which is not a requisite of reiteracion or habituality as an aggravating circumstance?

a. That the offender is on trial for an offense


b. That he was previously convicted by final judgment of another crime.
c. That he previously served sentence for another offense to which the law
attaches an equal or greater penalty, or for two or more crimes to which the law
attaches lighter penalty than that for the new offense
d. That he is convicted of a new offense.

87. Which of the following forms of repetition is an extraordinary aggravating


circumstance?

a. Recidivism
b. Reiteracion or habituality
c. Multi-recidivism or habitual delinquency
d. Quasi-recidivism

88. Which is not a requisite of an evident premeditation as an aggravating


circumstance?

a. The time when the offender determined to commit the crime


b. An act manifestly indicating that the culprit has clang to his determination
c. A sufficient lapse of time between the determination and execution, to allow him to
reflect upon the consequences of his act and to allow his conscience to overcome
the resolution of his will
d. All of these

89. It involves intellectual and cunning on the part of the accused.

a. Fraud
b. Craft
c. Disguise
d. None of these
90. Insidious words or machinations used to induce the victim to act in manner which
would enable the offender to carry out his design.

a. Fraud
b. Craft
c. Disguise
d. None of these

91. It is resorting to any device to conceal identity.

a. Fraud
b. Craft
c. Disguise
d. None of these

92. To use purposely excessive force out of proportion to the means of defense available
to the person attacked.

a. Taking advantage of superior strength


b. Means employed to weaken defense
c. Treachery
d. None of these

93. When the offender commits any of the crimes against the person, employing means
or forms in the execution thereof which tend directly and specially to insure its execution,
without risk to himself arising from the defense which the offended party might make.

a. Taking advantage of superior strength


b. Means employed to weaken the defense
c. Treachery
d. None of these

94. Which is not a requisite of treachery?

a. That at the time of the attack the victim was not in a position to defend himself.
b. That the offender consciously adopted the particular means method or form of attack
employed him.
c. That the means, method or form must insure accomplishment of the crime
d. None of these

95. Which is not a rule the regarding treachery?

a. Treachery is applicable only to crime against the person


b. The means method or form used in treachery need not insure accomplishment of
the crime
c. The mode of attack must be consciously adopted.
d. All of these

96. Which of the following is not true?


a. When the accused gave the deceased a chance to prepare, there was no treachery
b. Treachery does not connote the element of surprise alone
c. Treachery is always presume
d. Attack from behind is not always treachery

97. It is a circumstance pertaining to the moral order which adds disgraced and obloquy
to the material injury caused.

a. Alevosia
b. Ignominy
c. Treachery
d. Cruelty

98. When the culprit enjoys and delights in making his victim suffer slowly and gradually
causing him unnecessary physical pain in the consummation of the criminal act.

a. Alevosia
b. Ignominy
c. Treachery
d. Cruelty

99. Which is not a rule in light felonies?

a. Light felonies are punishable only when they have been consummated but when
light felonies are commited against person or property they are punishable even if
they are only in the attempted or frustrated stage of execution
b. Only principles and accomplices reliable for light felonies
c. Accessories are not liable from for light felonies even if they are committed against
person or property
d. All of these

100. One who cooperate in the commission of the offense by another act without which it
would not have been accomplished.

a. Principal by induction
b. Principal by indispensable cooperation
c. Accomplice
d. Accessory

101. One who cooperate in the execution of the offense by previous or simultaneous
acts but cannot be held as principal

a. Accessory
b. Accomplish
c. Co-conspirator
d. None of these

102. One who does not participate in the criminal design, nor cooperate in the
commission of the felony, but, with knowledge of the commission of the crime, he
subsequently takes a part by profiting from the effect of the crime, or by concealing the
body, effects or instruments of the crime in order to prevent its discovery, and by
assisting in the escape or concealment of the principle of the crime.

a. Accessory
b. Accomplish
c. Co-conspirator
d. None of these

103. Which is not a requisite in order that a person may be considered an accomplice?

a. That there be community of design, that is, knowing the criminal design of the
principal by direct participation, he concurs with the latter in his purpose.
b. That the crime committed by the principal is any crime provided it is not a light
felony.
c. That he cooperates in the execution of the offense by previous or simultaneous act,
with the intention of supplying material or moral aid in the execution of the crime in
an efficacious way.
d. None of these

104. Which of the following statement is not correct?

a. The participation of the offender in a case of complicity, although necessary, is not


indispensable as in the case of a co-principal by cooperation.
b. Between or among principals liable for the same offense, there must be conspiracy;
but between the principals and the accomplices there is no conspiracy.
c. It is not necessary that there must be a community of design in a case of complicity
as well in a co-principal in direct participation.
d. None of these

105. Which is no an act of accessory

a. By profiting themselves or assisting the offender to profit by the effects of the crime.
b. By concealing or destroying the body of the crime to prevent its discovery
c. By cooperating in the execution of the offense by previous or simultaneous act.
d. None of these

106. Which is not an requisite in order to be an accessory as a public officer who harbor,
conceal or assist in the escape of the principal of any crime?

a. The accessory is a public officer.


b. The crime committed by the principal is either treason, parricide, murder, an attempt
against the life of the president or that the principal is known to be habitually guilty or
some other crime.
c. He harbors, conceals, or assist in the escape of the principal
d. The crime committed by the principal is any crime provided is not a light felony.

107. Which is a common requisite of the two classes of accessories in paragraph 3 of


Article 19 of the Revised Penal Code?

a. That the accessory is a public officer


b. That the crime committed by the principal is any crime provided it is not a light
felony.
c. The he harbors, conceals, or assist in the escape of the principal.
d. None of these

108. Which is not a common requisite or justifying circumstances of self-defense


defense of a relative and defense of stranger?

a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it.
c. The person defending be not induced by revenge, resentment, or other evil motive.
d. None of these.

109. In the imposition of the penalty for the commission of a felony, which of the
following rule is not correct?

a. Only that penalty prescribed by the law prior to the commission of the felony may be
imposed.
b. Felonies are punishable under the laws in force at the time of their commission.
c. The penalty prescribed by a law enacted after the commission of the felony may be
imposed if it is favorable to the offender.
d. None of these.

110. Which of the measures is not considered a penalty?

a. The arrest and temporary detention of accused persons, as well as their detention
by reason of insanity or imbecility, or illness requiring their confinement in a hospital
b. The commitment of a minor to any of the institutions mentioned in Article 80 and for
the purposes specified therein.
c. Suspension from the employment or public office during the trial in order institute
proceedings.
d. None of these

111. Which is not indivisible penalty?

a. Public censure
b. Reclusion perpetua
c. Reclusion temporal
d. None of these

112. What is the duration of the penalty reclusion temporal?

a. 6 years and 1 day to 12 years


b. 12 years and 1 day to 20 years
c. 6 months and 1 day to 6 years
d. 1 month and 1 day to 6 months

113. In what case shall destierro be imposed?


1. In serious physical injuries or death under exceptional circumstances.
2. As a penalty for the concubine in concubinage
3. IN case of failure to give bond for good behavior.
4. All of these

114. Which is an affect of the penalties of perpetual or temporary absolute


disqualification?

a. The deprivation of the public officers and employments which the offender may have
held, even if conferred by popular election.
b. The deprivation of the right to vote in any election for any popular elective office or to
be elected to such office.
c. The deprivation of the office, employment, profession or calling.
d. Some of these.

115. Which is an effect of the penalties of perpetual or temporary special


disqualification?

a. The loss of all rights to retirement pay or other pension for any office.
b. The deprivation of the office, employment, profession or calling affected.
c. The disqualification for holding similar offices or employments either perpetually or
during the term of the sentence, according to the extent of such disqualification.
d. Some of these.

116. Which is an effect of pardon by the president?

a. It Shall not restore the right to hold public office or the right of suffrage, except when
expressly restored
b. It shall not exempt the culprit from any payment of the civil indemnity.
c. It shall exempt the culprit from payment of the civil indemnity.
d. Some of these

117. Which is not a true statement?

a. The pardoning power of the President can be exercised only after conviction.
b. The pardoning power of the President does not extend to cases of impeachment.
c. The pardoning power of the President can be exercised even before conviction
d. None of these

118. In case the property of the offender should not be sufficient for the payment of all
his pecuniary liabilities, which of the following should be satisfied first?

a. Indemnification of the consequential damages


b. The reparation of the damaged caused
c. The fine
d. The cost of the proceedings

119. In which of the following cases shall death penalty be imposed?


a. When the guilty person is more than 70 years of age.
b. When upon appeal or revision of the case by the Supreme Court only ten justices are
unanimous in their voting as to the propriety of the imposition of the death penalty.
c. When the offender is a minor under 18 years old of age.
d. None of these
120. Which of the following cases is a complex crime proper?

a. Kidnapping the victim to murder him in a secluded place.


b. Subsequent acts of sexual intercourse, after foricible abduction with rape.
c. After committing homicide, the accused, in order to conceal the crime, set fire to
the house where it had been perpetrated.
d. None of these.

121. Which is not a requisite of complex crime proper?

a. That at least two offenses are committed.


b. That one of or some of the offenses must be necessary to commit the other.
c. That the single act produces two or more less grave felonies, or one or more
grave and one or more less grave felonies, or two or more less grave felonies.
d. That both or all of the offenses must be punished under the same statue.

122. Which of the following is a compound crime?

a. Placing a time bomb in a plane, which caused it to explode in mid-air, killing 13


persons and therein.
b. A man fired his revolver twice in succession directed against two different
persons, killing one person and wounding the other.
c. The accused fired his Thompson sub-machine gun at several persons. The first
burs of shots hit three persons. The accused let loose a second burst of shots
wounding two others.
d. None of these.

123. It consists in the successive execution by the same individual of different criminal
acts upon any of which no conviction has yet been declared.

a. Recidivism
b. Multi-recidivism
c. Plurality of crimes
d. None of these

124. It is a continuous, unlawful act or series of acts set on foot by a single impulse and
operated by an unintermittent force, however long a time it may occupy.

a. Transitory crime
b. Continuing offense
c. Complex crime
d. None of these

125. Which is a continuing offense?

a. A thief takes from the yard of a house two game rooster belonging to two
different persons.
b. After uttering defamatory words against the offended party, the accused attacked
and assaulted the latter, resulting in slight physical injuries.
c. The accused after robbing one house proceeded to rob another house and then
to another house where the third robbery was committed.
d. None of these.

126. A mistake in the blow

a. Praeter intentionem
b. Error in personae
c. Aberratio inctus
d. None of these

127. A mistake in the victim

a. Praeter intentionem
b. Error in personae
c. Aberratio inctus
d. None of these

128. Were a more serious consequence not intended by the offender befalls the same
person.

a. Praeter intentionem
b. Error in personae
c. Aberratio inctus
d. None of these

129. It is one of the three equak portions, called the minimum, medium and maximum of
a divisible penalty.

a. Degree
b. Period
c. Duration
d. None of these

130. It is one entire penalty, one whole penalty or one unit of the penalties enumerated
in the graduated scales provided in Art. 71 of the Revise Penal Code.

a. Degree
b. Period
c. Duration
d. None of these

131. A system of penalty wherein the service of the several penalties imposed on one
and the same culprit is limited to not more than three-fold the length of time
corresponding to the most severe and in no case to exceed 40 years.

a. Material accumulation system


b. Juridical accumulation system
c. Absorption sytem
d. None of these

132. A System of penalty observed in the imposition of penalty of complex crimes.


a. Material accumulation
b. Juridical accumulation system
c. Absorption system
d. None of these

133. The absolute accumulation of crimes and penalties and established no limitation
whatever and, accordingly all the penalties for all violations were imposed even if they
reached beyond the nature span of human life.

a. Material accumulation system


b. Juridical accumulation system
c. Absorption system
d. None of these

134. A penalty prescribed by law composed of three distinct penalties, each forming a
period, the lightest of them shall be the minimum, the next the medium, and the most
severe the maximum.

a. Pardon
b. Probation
c. Amnesty
d. None of these

135. A disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of an officer.

a. Pardon
b. Probation
c. Amnesty
d. None of these

136. Who among the following offenders is/are disqualified from being placed on
probation?

a. Those who have been in probation under the provision of P.D 968, as amended.
b. Those who were previously convicted by final judgment of an offense punished
by imprisonment of not less than one month and one day and/or a fine of not
more two hundred pesos
c. Those convicted of subversion or any crime against the national security or
public order
d. All of these

137. When shall the execution of death sentence be suspended?

a. When the accused is a woman


b. When the accused is pregnant
c. When the accused is over 70 years of age
d. All of these
138. An act of the sovereign power granting oblivion or a general pardon for a past
offense, and is rarely, if ever, exercised in favor or a single individual, and is usually
exerted in behalf of certain classes of person, who are subject to trial but have not yet
been convicted.

a. General pardon
b. Amnesty
c. Probation
d. None of these

139. An act of grace proceeding from the power entrusted with the execution of the laws
which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime he has committed.

a. Pardon
b. Amnesty
c. Probation
d. None of these

140. The forfeiture or the loss of the right of the state to prosecute the offender after the
lapse of a certain time.

a. prescription of the crime


b. prescription of the penalty
c. estoppel
d. none of these

141. The loss of forfeiture of the right of the Government to execute the final sentence
after the lapse of a certain time

a. prescription of crime
b. prescription of penalty
c. estoppel
d. none of these

142. The penalty of death and reclusion perpetua prescribes in:

a. thirty years
b. twenty five years
c. twenty years
d. eighteen years

143. Light penalties in:

a. one year
b. six months
c. five months
d. one month
144. A change of the decision of the court made by the Chief Executive by reducing the
degree of the penalty inflicted up on the convict, or by decreasing the length of the
imprisonment or the amount of the fine.

a. Conditional pardon
b. Commutation of sentence
c. Probation
d. None of these

145. Consist in the suspension of the sentence of a convict after serving the minimum
term of the determinate penalty, without granting a pardon, prescribing the terms upon
which the sentence shall be suspended.

a. Probation
b. Parole
c. Commutation of sentence
d. Conditional pardon

146. The deduction of one fifth of the period of the sentence of a prisoner who, having
evaded the service of his sentence during the calamity or catastrophe mentioned in Art.
158 give himself up to the authorities within 48 hours following the issuance of the
proclamation by the President announcing the passing away of the calamity or
catastrophe.

a. Allowance for good conduct


b. Special time allowance for loyalty
c. Probation
d. None of these

147. Which is not included in the civil liability established in Articles 100, 101, 102, and
103 of the Revised Penal Code?

a. Resititution
b. Reperation of damaged caused
c. Indemnification for consequential damages
d. None of these

148. Which is not an element so that an innkeeper, tavernkeeper or any other person or
corporation may be held civillu liable for the crime committed in his establishment?

a. That the innkeeper, tavernkeeper or proprietor of establishment or his employee


committed a violation of municipal ordinance or some general or special police
regulation.
b. That a crime is committed in such inn, tavern or establishment
c. The goods of the guest lodging therein were taken by robbery with force upon
things or theft committed within the inn or house.
d. That the person criminally is insolvent.

149. Which of the following acts done by the accused is justified?


a. The deceased challenge the accused to a fight but the latter did not accept the
challenge. The deceased forthwith rushed towards the accused with a bolo in his
hand so that the accused defended himself by stabbing the victim with a knife.
b. The accused, a police officer who, in obedience to his chief of police, maltreated
a fish vendor for bringing a kind of fish different from that he had been asked to
furnish the police station.
c. The accused, who had been attacked by the deceased, succeeded in snatching
the bolo away from the latter and the deceased already manifested a refusal to
fight but the accused killed the deceased using the latter’s bolo.
d. All of these