MOCK BAR EXAMINATION QUESTIONS IN
CRIMINAL LAW
1. Which of the following has the power to define and punish crime?
a.
b.
c.
d.
e.
The legislative
The Chief Executive
The Supreme Court
Sandiganbayan
Trial Courts
2. Which of the following is not a limitation on the power of the legislative to enact penal laws?
a. Prohibition against Bill of Attainders or Ex-post facto law.
b. Equal Protection of the law
c. Prohibition against cruel, degrading, or inhuman punishment or imposition of
excessive fines.
d. Abridgment of the obligation of contract.
3. Which of the following is not a characteristic of penal law?
a.
b.
c.
d.
e.
Generality
Territoriality
Prospectivity
Retroactivity when favorable to accused
Adjective or Remedial
4. Which rule on jurisdiction over crimes committed on foreign vessels while on Philippine
waters is not followed in the Philippines?
a. The French Rule – The crimes are not triable in the Philippines unless the crimes
affect the peace and security, or safety of the Philippines is endangered.
b. The Anglo-American Rule or the English Rule – the crimes are triable in the
Philippines unless the crimes affect merely the internal management of the vessel.
c. If the foreign vessel is a warship, Philippines Courts have no jurisdiction because a
warship is an extension of the country to which it belongs and it is not subject to the
laws of another state.
d. The Philippines Courts have jurisdiction to try continuing crimes committed in a
vessel sailing from a foreign port into Philippines waters, even if the crimes are not
punishable in the foreign country were the vessel comes from the crimes are
punishable under Philippine laws.
5. When does the repeal of penal law not extinguish crime?
a. The repeal of a law under which there is pending case against the accused at the
time of repeal.
b. The repealing law wholly fails to penalize the acts defined and penalized in the
repealing law.
c. Implied repeal or repeal by re-enactment.
6. An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to
surrender, refused to do so and instead answered the latter with a stroke of his lance, the
policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner,
Is the act of the policeman on resorting to extreme means will always be justified?
a. Yes, since an arresting officer is required to act within the performance of his duty, he
must stand his ground and cannot, like a private individual, take refuge in fight, his
duty requires to overcome his opponent:
b. No, it was provided under the Rule of Court that no violence or unnecessary force
shall be used in making an arrest. Such provision accepts no exception:
c. It depends, the reasonableness of the force employed by the arresting officer must be
adjudged in the light of the circumstances as they appeared to the officer at the time
he acted, and the means is generally considered to that which an ordinary prudent
and intelligent person with the knowledge would have deemed necessary under the
circumstances.
7. Which of the following is not a source of criminal law?
a. The Constitution
b. Acts of legislature
c. Presidential Decrees and Executive Orders issued by Marcos during Martial Law,
and by Cory Aquino during her Revolutionary Government.
d. Implementing rules and regulations providing a penalty as authorized by the basic
law.
8. Which of the following is an absolutory cause?
a.
b.
c.
d.
e.
f.
Aberratio ictus
Praeter intentionem
Mistake of fact
Proximate cause
Error in persona
Impossible crime
9. Which of the following is a crime malum in se?
a. Offenses punished by the Revised Election Code, a special law, for the omission or
failure to include a voter’s name in the in the registry list of voters.
b. Illegal possession of firearms
c. Violation of BP 22 for issuing a bouncing check
d. Offenses defined and punished by the Revised Penal Code.
e. Carnapping Law
f. Dangerous Drugs Law
10. The Revised Penal Code (RPC) belongs to the Classical Theory the main purpose is
retribution under a system where gravity of the penalty is proportionate to the gravity of the
crime committed, However, there are some articles in the RPC that are positivistic in
orientation intended to curb the dreadful and dangerous tendencies of the individual. Which
of the following articles in the RPC does not pertain to the Positivist School?
a. Article 4, RPC – impossible crimes
b. Article 13, paragraph 7, RPC – on the mitigating circumstances of voluntary
surrender and plea of guilty.
c. Article 11, paragraph 1, RPC – on self-defense
d. Three fold rule
e. Extenuating and absolutory causes
11. Which of the following is not a punishable conspiracy?
a.
b.
c.
d.
e.
f.
Conspiracy to commit treason
Conspiracy to commit rebellion
Conspiracy to commit coup d’ etat
Conspiracy to commit murder
Conspiracy to commit sedition
Monopolies and combination in restraint of trade
12. Which of the following is not a justifying circumstances?
a.
b.
c.
d.
e.
f.
g.
h.
Self-defense
Defense of property
Defense of honor
Defense of relatives
Accident
Avoidance of greater evil or injury
Battered woman syndrome
Defense of strangers
13. Which of the following is not an exempting circumstances?
a.
b.
c.
d.
e.
f.
g.
h.
i.
Imbecility
Insanity
Insuperable cause
Minor exactly 9 years old at the time of the commission of the offense
Entrapment
Irresistible force
Impulse of Uncontrollable fear
Instigation
Accident
14. Which of the following is not ordinary mitigating circumstances?
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Incomplete self-defense, incomplete defense of relatives and strangers
Illness that diminishes the exercise of will power
Lack of intent to commit so grave a wrong
Sufficient provocation
Immediate (proximate) vindication of a grave offense
Passion or obfuscation
Voluntary surrender
Voluntary plea of guilty
Confession of guilt
Being deaf and dump or blind
15. Which of the following is not a privileged mitigating circumstances?
a.
b.
c.
d.
e.
f.
Incomplete self-defense, incomplete defense of relatives and strangers
The Offender is 18 years old
Schizoprenia
Article 255, RPC – concealment of honor of the mother in infanticide
Article 268, RPC - voluntary release of a person detained within 3 days without the
accused attaining his purpose and before institution of criminal action.
Article 333, RPC – unjustified abandonment of the spouse in the crime of adultery
16. Insult may not be appreciated as a requisite for:
a.
b.
c.
d.
Unlawful aggression in self defense and defense of relatives and strangers
Passion and obfuscation as a mitigating circumstance
Vindication of a Grave offense as a mitigating circumstance
Sufficient provocation as a mitigating circumstance
17. In the following aggravating circumstances, it is not necessary that there is performance of
official duties or functions at the time of the commission of the offense:
a.
b.
c.
d.
Taking advantage of official position
In contempt of or with insult to public authorities
Lack of regard due to offended party by reason of rank
The offense is committed in the palace of the Chief Executive or in his or her
presence, or in a place dedicated to religious worship.
18. Which of the following aggravating circumstances may not be appreciated in crimes against
persons?
a. Evident premeditation
b. Treachery
c. Abuse of Superior Strength
d. Means employed to weaken the defense
e. Abused of official position
f. Ignominy
g. Cruelty
h. Price, Reward or promise
i. Dwelling
j. Fraud, craft and disguise
19. Which of the following aggravating circumstances does not qualify the killing of homicide to
murder?
a.
b.
c.
d.
e.
f.
g.
Evident premeditation
Price, Reward or Promise
Treachery
Use of Poison
Dwelling, Nightime and sex of offended
Use of motor vehicle
Use of Explosion
20. Which of the following is not an alternative circumstance?
a.
b.
c.
d.
e.
Relationship
Age
Intoxication
Degree of Instruction and education of the offender
All of the above
21. Which among the following is not included in civil interdiction
a.
b.
c.
d.
e.
f.
criminally liable for felonies?
Parental authority
Guardianship of the person or the property of the ward
Marital Authority
Management of his property
Right to dispose of his property by any act or conveyance mortis causa
Right to dispose of his property by any act or conveyance inter vivos
22. A minor 9 or under is
a.
b.
c.
d.
e.
Absolutely exempt from criminal liability
Relatively exempt from criminal liability
Enjoys privileged mitigating circumstance
Extenuating circumstance
Absolutory cause
23. Which of the following is not an accessory penalty?
a.
b.
c.
d.
e.
f.
Suspension from public offices, profession or right of suffrage
Civil interdiction
Indemnification
Payment of costs
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
24. What is meant by the term ―mens rea‖?
a.
b.
c.
d.
no intent to commit so grave a wrong
good faith in the commission of the crime
no malice in committing the crime
unlawful intent
25. Proximate cause means:
a. the motive in committing the crime
b. the unlawful intent in committing in committing the crime
c. the efficient cause uninterrupted by any supervening event without which the result
would not have occurred
d. the reason of the offender in committing the crime
e. Direct cause
26. Reckless imprudence is a crime only when:
a.
b.
c.
d.
e.
the offender is under the influence of drugs
the offender is under the influence of liquor
the imprudence results in the commission of a consummated felony or crime
the felony is attempted
the felony is frustrated
27. A child in conflict with the law is one who:
a.
b.
c.
d.
e.
Committed an intentional felony
Was raised in a family of drug traffickers
Is under 15 yrs of age
Is over 15 and under 18 who committed a felony with discernment
A child who is alleged as, accused of, or adjudged as, having committed an offense
under Philippine laws.
28. In light felonies the following are criminally liable
a.
b.
c.
d.
Principal only
Accomplices only
Accessories only
Principal and Accomplices only.
29. In mala prohibita, the criminal liability of the offender is determined by his
a.
b.
c.
d.
e.
criminal intent
intent to perpetrate the act
negligence, lack of foresight, lack of skill
ignorance of the law
mistake of fact
30. To overcome intelligence as an element of criminal liability one has to prove
a.
b.
c.
d.
Deprivation of cognition
Under the compulsion of an irresistible force
Mistake of fact
Mistake of identity
31. An ordinary mitigating circumstance reduces the penalty only to the
a.
b.
c.
d.
Minimum Period
Degree
Indeterminate Sentence Law
Probation Law
32. When the aggravating circumstance of recidivism is present in the commission of a crime,
the offender is called a
a.
b.
c.
d.
Quasi-recidivist
Recidivist
Habitual criminal
Habitual delinquent
33. What component of criminal law is express and implied repeal relevant?
a.
b.
c.
d.
Territoriality
Generality
Irretrospectivity
Bill of attainder
34. Preventive imprisonment is
a.
b.
c.
d.
e.
Not a penalty
A principal penalty
Subsidiary penalty
Remedial measure
Accessory penalty
35. The pecuniary liabilities of the offender under the Revised Penal Code should be prosecuted
a.
b.
c.
d.
In the criminal action
In a separate civil action
In either of the two actions above
In both of the above actions
36. The threefold rule under article 70 is addressed to the
a.
b.
c.
d.
Judge deciding the case
Prison head holding the prisoner
Probation officer
Board of pardon and parole
37. The phrase ―Stand ground when in the right‖ means:
a) A person need not retreat against an unlawful aggressor but he is not expected to
fight back
b) A person need not retreat against an unlawful aggressor but must defend himself by
fighting back
c) A person attacked must retreat but must fight back when caught by his aggressor
d) None of the above
38. Impossible crime is punished only when the crime is
a.
b.
c.
d.
Consummated
Frustrated
Attempted
Voluntary
39. Vicarious civil liability means
a. The liability of the offender in a criminal case
b. Civil liability of the employer in a criminal case if the offender is found insolvent
c. Civil liability of the offender and the employer in a criminal case
40. The dangerous tendency rule and the clear and present danger rule is relevant in the
discussion of the crime of
a.
b.
c.
d.
Arson
Immoral doctrines
Sedition
Unfair competition
41. ―Judicial authority‖ in Article 125 of the Revised Penal Code refers to:
a. The justices or judges vested with judicial power to order the temporary detention or
confinement of a person charged with having committed a public offense.
b. Supreme Court justices
c. Judges of inferior courts as may be established by law
d. All of the above
42. How is the crime of coup d’etat committed?
a. By a swift attack accompanied by violence, intimidation, threat, strategy or stealth
b.
c.
d.
e.
against duly constituted authorities of the Republic of the Philippines, or any military
camp or installation, communications networks, public utilities or other facilities
needed for the exercise and continued possession of power.
Singly or simultaneously carried out anywhere in the Philippines.
By any person or persons, belonging to the military or police or holding any public
office or employment, with or without civilian support or participation.
All of the above concurring
Any two of the above concurring
43. What are the ways of committing the crime of illegal assembly?
a. Gathering of persons any or some of whom are armed for unlawful purpose under the
Code.
b. Gathering of persons for the purpose of inciting to treason, rebellion, insurrection,
sedition and assault upon a person in authority or his agent even without the
attendance of armed men.
c. Formation of an unlawful association
d. A and B
e. B and C
44. What are elements of perjury?
a. There must be testimony or a statement (affidavit) made under oath
b. The oath must be administered by an officer competent to do so because it is
essential that the oath be valid.
c. The witness-affiant must have made willful or deliberate assertion of falsehood on a
material matter-subject of inquiry in that case.
d. The testimony or affidavit must have been made to comply with a legal requirement,
i.e., it must be required by law and must be required to be under oath.
e. All of the above concurring
f. A, B and C only
g. B, C and D only
45. Indirect bribery is committed by:
a. A public officer who will do an act in consideration of what he will receive.
b. A public officer who will refrain from doing what he should do because of what he
receives
c. A public officer who does an act constituting a crime in consideration of what he will
receive
d. A public officer who commits an act not constituting a crime in consideration of what
he will receive
e. A public officer who receives consideration because of his office.
46. Article 294 (robbery with violence against or intimidation of person) defines and penalizes
a.
b.
c.
d.
composite crime or special complex crime
complex crime
compound crime
continuing crime
47. Who are those exempt from criminal liability for theft, swindling and malicious mischief?
a. Spouses, ascendants and descendants, or relatives by affinity in the same line only
b. Only the widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of another
c. Only brothers and sisters and brothers-in-law and sisters-in-law, if living together.
d. A, B and C
e. A and B
f. B and C
g. A and C
48. Who is not a public figure?
a. He is one who, by his accomplishments, fame, mode of living, or by adopting a
b.
c.
d.
e.
profession or calling which gives the public a legitimate interest in his doings, his
affairs and his character, has become a public personage.
Those who have achieved some degree of reputation by appearing before the public,
as in the case of an actor, a professional baseball player, a pugilist, or any other
entertainer.
Public officers, famous inventors and explorers, war heroes and even ordinary
soldiers, infant prodigy.
Anyone who has arrived at a position where the public attention is focused upon him
as a person.
An obscure private individual libeled by a columnist in a newspaper.
49. Which of the following is not requisite of mistake of fact?
a) That the act done would have been lawful had the facts been as the accused
believed them to be
b) That the intention of accused in doing the act should be lawful
c) That the resulting injury is due to the intentional act of the victim
d) That the mistake must be without fault or carelessness on the part of the accused.
e) None of the above
50. Anti-fencing Law {PD 1612} will apply only when the valuable articles proceed from what
crimes?
a.
b.
c.
d.
Only to proceeds of theft or robbery
Only to proceeds of estafa
Also to proceeds of usurpation
All of the above
51. Plunder - RA 7080 - requires that the wealth amassed by a public officer amount to
a.
b.
c.
d.
100 million pesos
75 million pesos
50 million pesos
130 million pesos
52. A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted of another crime embraced in the same title of the revised Penal Code.
a. True
b. False. The previous conviction need not be of a crime embraced within the same title
of the Revised Penal Code as the one for which the accused is on trial.
c. False. A recidivist need not be convicted of the prior crime. Having been previously
charged is sufficient.
d. False. The conviction may either be final or not.
e. False. The previous conviction must be by final judgment.
53. Accessories to a crime are those who, with or without knowledge of the commission of the
crime, and without having participated therein, either as principals or accomplices, take part
prior to its commission.
a. True
b. False. Accessories have knowledge of the crime and participate in commission
thereof.
c. False. Accessories must have knowledge of the crime and take part only subsequent
to its commission but not prior thereto in the manner described in the Revised Penal
Code.
d. False. The statement more appropriately describes accomplices.
e. False. Accessories never take part prior to or subsequent to the commission of the
crime.
54. A person under fifteen does not incur criminal liability because minority is a justifying
circumstance.
a. True
b. False. Minority is always a justifying circumstance whether or not the minor acted with
discernment.
c. False. Minority is a mitigating circumstance.
d. False. Minority is an exempting and not justifying circumstance.
e. False. Minority is never a circumstance affecting criminal liability.
55. Any public officer who, shall appropriate public funds, or property or shall take or
misappropriate or shall consent or through abandonment or negligence, shall permit any
other person to take such public funds or property, wholly or partially, or shall be guilty of
malversation of public funds or property.
a.
b.
c.
d.
e.
True
False. The act described is illegal use of public funds or property.
False. The crime is not committed through abandonment or negligence.
False. The public officer should be one accountable for public funds or property.
False. The crime is failure to render accounts of public funds or property.
56. Lack of motive is indicative of the innocence of the accused.
a.
b.
c.
d.
True
False, because motive is not a requisite of felonies committed by means of dolo.
False because intent and motive are synonymous.
False because motive being a mental process cannot be proven by evidence.
57. X was present at the scene of the crime and witnessed Y set fire to a house. X, however, did
not give alarm nor report to the authorities the commission of the crime. X is an accomplice
in the crime of arson.
a. True
b. False, X is a principal by indispensable cooperation.
c. False, because X has not committed any felony there being no law that punishes a
person who does not report to the authorities the commission of a crime.
d. False, because X is liable for the crime of failure to report commission of a felony.
58. X and Y after breaking the wall of the bodega through which they entered the same,
removed a sack of sugar from the pile; but they were caught in the act of taking it out
through the opening on the wall. A and B are liable for consummated robbery.
a. True
b. False, A and B are liable for attempted robbery only because the act of taking out is
merely an overt act to commence the crime of robbery.
c. False, A and B are liable for consummated trespass to dwelling.
d. False, A and B are liable for attempted robbery because the failure to take out the
sack was due to a cause other than the will of A and B.
59. A shot B, but missed and instead hit and killed C. A is liable for the complex crime of
homicide and attempted homicide.
a.
b.
c.
d.
True
False, A is liable for the crime of homicide only because B was not injured.
False, A is liable for the crimes of illegal discharge of firearms and homicide.
False, A is liable for the complex crime of attempted homicide and reckless
imprudence resulting in homicide.
60. Dodoy possessing only a student driver’s permit, found a parked car with the key left in the
ignition. He proceeded to drive it away, intending to sell it. Just then Ting, the owner of the
car arrived. Failing to make Dodoy stop, Ting boarded a taxi and pursued Dodoy, who in his
haste to escape, and because of his inexperience violently collided with a jeepney full of
passengers, one of whom was killed, the leg of another passenger was crushed and had to
be amputated. The car of Ting was damaged to the tune of P 50,000. Dodoy is liable for the
crimes of carnapping, homicide and serious physical injuries.
a. True
b. False, Dodoy is liable for complex crime of carnapping with homicide because the two
offenses were the result of a single criminal impulse.
c. False, Dodoy is liable for carnapping only but the penalty is to be imposed in its
maximum because a homicide which includes the serious physical injury was
committed on the occasion or by reason thereof.
d. False, Dodoy is liable for the distinct felonies of carnapping, reckless imprudence
resulting in serious physical injuries, reckless imprudence causing damage to
property and reckless imprudence resulting in homicide.
61. X together with four individuals went to the house of P with intent to kill. Upon reaching the
house, the five of them aimed and fired at the bedroom of P. However, P was not in the
room as he was in another city. The five accused may be convicted of attempted murder.
a.
b.
c.
d.
True
False, they may be convicted of the crime of illegal discharge of firearm.
False, they are only liable for an impossible crime.
False, they are liable for malicious mischief.
62. Drawing or trying to draw a pistol from the waist is an overt act of homicide of the accused.
a.
b.
c.
d.
True
It constitute attempted homicide
The act constitute attempted murder
False, because it cannot be definitely concluded that the act will result into a concrete
offense.
63. In the crime of arson, it is necessary that the property be totally destroyed by fire.
a. True
b. False. It is consummated even if only a small portion of the wall or any part of the
house is burned.
c. False. If the property is not totally burned it is frustrated arson.
d. The consummation of the crime of arson depends upon the extent of the damage
caused.
64. The Revised Penal Code took effect on January 31, 1932.
a.
b.
c.
d.
True
False, January 1, 1934
False, January 1, 1932
False, October 31, 1935
65. A penal law is always prospective in its application
a. True
b. False, it is retroactive
c. False, it may be given retroactive effect if favorable to the accused who is not a
habitual delinquent
d. False, it is retroactive if the new law imposes a heavier penalty
66. Felonies cannot be committed by omissions but only through overt acts.
a.
b.
c.
d.
True
False, only external acts are punished.
False, felonies are acts or omissions punishable by law.
False, there is no criminal intent in omission.
67. Reclusion perpetua is a divisible penalty.
a.
b.
c.
d.
True
It is an accessory penalty
It is the same as life imprisonment
It remains an indivisible penalty despite its duration
68. Entrapment is an absolutory cause.
a. True
b. False. It is not a bar to the prosecution and conviction of the lawbreaker because
consistent with public policy
c. It is similar to instigation which absolves the accused from criminal responsibility
d. The ways and means resorted to for the purpose of framing up the lawbreaker
69. Who among the following persons is/are not exempt from the operation of our criminal laws
by virtue of the public international law?
a)
b)
c)
d)
e)
Sovereigns and other chiefs of state
Consults, Vice-Consuls, and other commercial representatives of foreign nations
Ambassadors, Ministers plenipotentiary, ministers resident
Charges d’ affaires
All of the above
70. Insanity or imbecility is a justifying circumstance for which the offender does not incur
criminal liability.
a.
b.
c.
d.
True
Insanity or imbecility is an exempting circumstance
It will mitigate the liability of the offender
It is an alternative circumstance
71. In arson, the aggravating circumstance that the crime be committed by means of fire is not
appropriate.
a.
b.
c.
d.
True
It is considered to increase the penalty for the crime.
It is not considered if not alleged in the information.
Fire is not included by the law in defining arson.
72. In kidnapping for ransom, those who acted as runners or carriers in obtaining the ransom
money have no criminal liability.
a.
b.
c.
d.
True
They are considered accomplices.
They are accessories.
They are principals by direct participation.
73. The duration of the penalty of prision mayor is six years to twelve years.
a.
b.
c.
d.
True
It is six years and one day to twelve years.
It is six months, one day to six years.
It is one month to six months.
74. The penalty for homicide is reclusion temporal. If there are no modifying circumstances
present, the minimum of indeterminate penalty on the convict should be:
a.
b.
c.
d.
Reclusion temporal, medium period
Within the range of prision mayor to reclusion temporal, medium period.
Prision mayor, medium period.
The whole range of reclusion temporal.
75. In reiteration or habituality, it is enough that a final judgment has been rendered in the first
offense.
a.
b.
c.
d.
True
The sentence have been served for the first offense.
There is judgment rendered by the trial court for the first offense.
It is the same as habitual delinquency.
76. Filipinos and aliens owe the same allegiance to the Philippines. Filipinos owe absolute and
unqualified allegiance to the Philippines.
a.
b.
c.
d.
Both statements are true.
Both statements are false.
The first statements is true and the second false.
The first statement is false and the second true.
77. Arbitrary detention is committed by
a. Any public officers
b. Those whose official duties give them the authority to effect arrest and detain persons
c. Private individuals
78. Misprision of treason is
a. Failure of a citizen to report as soon as possible a conspiracy, which comes to his
knowledge, against the government.
b. Conspiracy to commit treason against the Philippine Government.
c. An accomplice to the crime of treason
d. Proposal to commit treason
79. Under what instances is the crime of Trespass not committed?
a. Purpose of entry to dwelling is to prevent some serious harm to the person entering,
b.
c.
d.
e.
f.
the occupants or third persons.
Purpose of entry is to render some aid to humanity or justice.
Places entered are cafes, taverns, inns and similar places while they are open
A and B only.
B and c only.
All of the above
80. What crime in the Revised Penal Code has the same penalty whether committed
intentionally or negligently?
a.
b.
c.
d.
e.
Malversation
Estafa
Falsification
Illegal Exaction
None of the above
81. What different crimes can arise from intimidation?
a. Robbery, if the intimidation is immediate but conditional coupled with demand for
money or any consideration.
b. Threat, if it is future or conditional
c. Coercion, if it is direct, immediate, and personal; or serious enough.
d. All of the above
82. What crimes is not committed only by dolo?
a.
b.
c.
d.
e.
Malicious mischief
Estafa
Mutilation
Intentional abortion
Unintentional abortion
83. Defamation excludes:
a.
b.
c.
d.
e.
f.
slander
libel
slander by deed
incriminating innocent persons
malicious prosecution
intriguing against honor
84. What principle does not apply to imprudence
a.
b.
c.
d.
e.
Complex crime
Subsidiary penalty
Modifying circumstances
Three-fold rule
Parole and probation
85. Violations of dangerous drugs act is
a.
b.
c.
d.
Now a mala in se
Still malum prohibitum
Punished as a crime under the Revised Penal Code
Not committed thru dolo
86. If an offender is apprehended possessing more than the quantity of drugs sold, he shall
liable for:
a.
b.
c.
d.
e.
illegal possession of dangerous drugs
unlawful sale of dangerous drugs
compound crime of illegal possession and use of dangerous drugs
complex crime of illegal possession of prohibited and regulated drugs
two separate crimes of illegal possession of dangerous drugs and illegal sale of
dangerous drugs
87. Treachery, which is an aggravating circumstance occurs when the offender commits any
crime employing means, methods, 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. True
b. False because treachery refers to the evil intent and not the means to commit a
crime.
c. False because treachery refers also to the use of craft or disguise in the commission
of a crime.
d. False because treachery applies only to crimes against persons and property.
e. False because treachery applies only to crimes against persons.
88. The period of prescription of crimes shall commence to run from the day on which the crime
is discovered by the authorities or their agents, and shall be interrupted by the arrest of the
offender.
a. True
b. False. The period of prescription shall commence to run from the day on which the
crime is discovered by the offended party, the authorities, or their agents.
c. False. The period of prescription shall be interrupted by the filing of the complaint or
information and not by the arrest of the offender.
d. False. The period of prescription commences for the reason stated in letter B and
interrupted for the cause adduced in letter C.
e. False, none of the reasons mentioned in the preceding choices is correct.
89. The duration of the penalties of prision correccional, suspension and destierro shall be from
six months and one day to six years, except when suspension is imposed as an accessory
penalty, in which case, its duration shall be that of the principal penalty.
True
False. The duration shall be from six months to six years and one day.
The duration shall be from six months and one day to six years and one day.
False. When suspension is imposed as an accessory penalty, the duration is six
months and one day to six years.
e. False. When suspension is imposed as an accessory penalty, the duration is six
months and one day to six years.
a.
b.
c.
d.
90. The accused shall not be convicted for treason except on the testimony of an eyewitness to
the same overt act.
a.
b.
c.
d.
True.
False, two witnesses are required
False, because the witness need not be an eyewitness.
False, because the act need not be overt.
91. The crime of rebellion requires that the criminal act was done in furtherance of political
motivation or purpose.
a.
b.
c.
d.
True.
False, the motivation may be social.
False, the crime committed is sedition.
False, the act does not need to be criminal.
92. There are two ways of committing direct assault: by employing force or intimidation for the
attainment of any of the purposes of rebellion and sedition, and by attacking or seriously
intimidating a person in authority or his agents.
a. True.
b. False, direct assault is committed only by laying hands or attacking a person in
authority or his agents.
c. False, the crime committed is indirect assault.
d. False, there is only one way of committing direct assault.
93. This crime is committed by a public officer who will refrain from prosecuting offender in
consideration of a price or gift and the crime is punishable by reclusion perpetua and/or
death.
a.
b.
c.
d.
Indirect bribery
Qualified bribery
Direct bribery
Corruption of public officers
94. This is a mock serenade where the offender actually disturbs the peace by using cans,
pans, utensils, etc. and constitutes the crime of alarms and scandal.
a.
b.
c.
d.
Indecent exposure
Public disorder
Charivari
Misdemeanor
95. When the person granted conditional pardon by the President violates the conditions of his
pardon, he shall be returned to prison and shall serve the remaining penalty if the same
exceeds ___________ years.
a.
b.
c.
d.
5
4
7
6
96. The subject matter of the crime of _____________ is altering or falsifying treasury or bank
note or any instrument payable to bearer or to order.
a.
b.
c.
d.
Falsification
Forgery
False testimony
Perjury
97. The deliberate assertion of falsehood in a material matter in perjury must be contained in an
affidavit and required by law to be under oath.
a.
b.
c.
d.
True.
False, the document need not be sworn to.
False, oath need not be required by law.
False, the assertion may be any matter.
98. Violations of the dangerous drugs law shall disqualify the offender from availing of:
a.
b.
c.
d.
e.
Indeterminate Sentence Law
Probation
Three fold rule
Parole
Plea bargaining
99. ___________________ is committed by a public officer who amasses ill gotten wealth thru
a series or combination of prohibited acts in the total amount of ______________ pesos.
a.
b.
c.
d.
Qualified bribery and 50 million
Direct bribery and 20 million
Malversation and 75 million
Plunder and 50 million
100. The crime of cattle rustling is malum _____________ for being a mere amendment of the
provision on qualified theft, whereas the crime of carnapping is still malum ____________
although an amendment of the same provision on qualified theft.
a.
b.
c.
d.
Prohibitum and in se
In se and prohibitum
Both prohibitum
Both in se
101. The crime of _______________ is not committed when the purpose of is to prevent some
serious harm to the person entering or to the occupants or third persons.
a. Trespass to property
b. Trespass to dwelling
c. Malicious mischief
d. Grave coercion
e. A and B
102. ___________________ can give rise to robbery if it is immediate but conditional and with
demand for money or any consideration, threat if future and conditional, or coercion if
direct, immediate and personal.
a.
b.
c.
d.
103.
Intimidation
Fraudulent machination
Deceit
Chicanery
_______________ abortion cannot be committed by the woman herself because it
requires infliction of violence against her person.
a.
b.
c.
d.
Intentional
Unintentional
Both
culpable
104. The nature of the relationship of the offender and the victim in parricide must be by blood,
legitimate and __________________.
a.
b.
c.
d.
Ascending line
Direct line
Collateral
Descending line
105. Though the offender is the parent, if the victim of the killing is a child less than three days
old, the crime is ________________.
a.
b.
c.
d.
Parricide
Infanticide
Abortion
Murder
106. Homicide is the killing of any person which does not constitute parricide, murder or
infanticide and is not _________________.
a.
b.
c.
d.
Intentional
Justified
Accidental
Suicide
107. Illegal possession of firearm is committed provided that:
a.
b.
c.
d.
No other crime is committed
Murder or homicide is committed
The crime is rebellion, sedition and attempted coup
It is high powered
108. The indispensable elements of death caused in a tumultuous affray are: the persons
involved in the affray are not _______________ for the purpose of assaulting and
attacking each other, and that the ones who actually killed or inflicted serious injury to the
deceased cannot be _________________.
a.
b.
c.
d.
Organized and identified
Unorganized and unidentifiable
Organized and participants in the affray.
Unorganized and participants in the affray.
109. In the crime of illegal discharge of firearm it is necessary that the firearm be discharged at
another but without _________________.
a.
b.
c.
d.
Bullets
Intent to kill
Hitting the victim
Killing the victim
110. When there is no injury but pain is caused to the victim, the crime is ________________.
a.
b.
c.
d.
111.
Ill-treatment or maltreatment
Slight physical injuries
Malicious mischief
Unjust vexation
___________________ is not an element of kidnapping, hence, the crime can be
committed even without such, but when demanded, the crime becomes kidnapping and
serious illegal detention and the penalty shall be death.
a.
b.
c.
d.
Ransom
Deprivation of liberty
Coercion
Threat
112. The distinction between kidnapping with rape and forcible abduction with rape is the
presence or absence of _________________.
a.
b.
c.
d.
Taking
Intent to rape
Lewd designs
Lascivious conduct
113. Kidnapping of a minor cannot be committed by his parents as expressly provided for in
Article 267.
a.
b.
c.
d.
True
False, it can be committed when the parents are separated legally.
False, the child can be adult.
False, the child must be a woman.
114. The distinction between estafa and malversation is that in estafa committed by public
officers, the offender is not:
a.
b.
c.
d.
A treasurer
An accountable public officer
An administrator of funds
A disbursing officer
115. Highway robbery is different from robbery committed in a highway in that in the former the
victim is not:
a. Preconceived.
b. Arbitrary.
c. Indiscriminate.
d. Isolated.
116. Malicious mischief is destruction of property which is not _______________ and the
means used is not ________________.
a.
b.
c.
d.
Mail matter and by tearing
Dwelling and occupation
Large cattle and fire
Vehicle and carnapping
117. Status crimes refers only to:
a.
b.
c.
d.
Crimes committed by minors
Crimes committed by adults
Crimes committed by males
Crimes committed by females
118. Juveniles who commit crimes are classified into:
a.
b.
c.
d.
Children in conflict with the law
Children at risk
Both A and B
Over 15 and under 18
119. Suspension of sentence is available to a minor delinquent
a.
b.
c.
d.
If he acted with discernment
If he agreed to a diversion program
If he is still a minor when sentence is promulgated
Even if he is no longer a minor when sentence is promulgated
120. When the crime committed by the convict is penalized with death.
a.
b.
c.
d.
e.
The penalty shall be reduced to reclusion perpetua
The penalty shall be suspended
The convict shall be given reprieve
The penalty shall be life imprisonment
The penalty shall be either reclusion perpetua or death penalty depending upon
whether the law violated is penalized under the revised penal code or special law
not using the nomenclatures under the revised penal code.
121. Over what offenses are persons below 18 years exempt from criminal prosecution?
a.
b.
c.
d.
Vagrancy and prostitution under Article 202 0f the Revised Penal Code
Mendicancy under P.D No. 563
Sniffing of rugby under P.D. No. 1619
All of the above such prosecution being inconsistent with the United Convention on
the Rights of the Child
122. May a person charged with homicide by stabbing be convicted when the cause of death
was drowning?
a. No, because it is a hornbook doctrine that an accused cannot be convicted of an offense
unless it is clearly charged in the complaint or information.
b. Yes, since it is only the cause of death, which has charged or subsequently
discovered the crime is still homicide.
c. Yes, because there is no such requirement of law for conviction
123. Which of the following statements is true?
a. The conviction for fencing, which involves moral turpitude, subsists and remains
totally unaffected notwithstanding the grant of probation.
b. The legal effect of probation is only to suspend the execution of the sentence.
c. Only A is correct
d. A and B are correct
124. May a convict who appealed his conviction still be qualified for probation?
a. Yes, there is no prohibition provided by law.
b. Yes especially if an appeal is taken solely to reduce the penalty (in order to qualify
for probation).
c. No, Section 4 of the Probation Law clearly mandates that no application for probation
shall be entertained or granted if the defendant has perfected the appeal from the
judgment of conviction.
125. What damages are recoverable from death arising from the commission of crime?
a.
b.
c.
d.
Civil indemnity ex delicto and actual damages
Moral and exemplary damages
Attorney’s fees, expenses of litigation and interest in proper cases
All of the above
126. May moral damages be additionally awarded in case of rape or acts of lasciviousness
without need of proof?
a. Yes, it is assumed that the victims suffered damages.
b. Yes, because it is the proper thing to do
c. No, because it is indispensable that damages suffered must be proved.
127. Which of the following Statements is true?
a. The reviewing tribunals cannot correct errors which are unassigned in the appeal.
b. An appeal in a criminal case opens the entire case for review.
c. The reviewing tribunal can reverse the lower courts decision on ground other than
those the parties raised as errors.
d. Both B and C are correct
128. Which of the following is a correct statement?
a. Motive is generally held to be immaterial because it is not an element of the crime.
b. Motive becomes important when the evidence on the commission of the crime is
purely circumstantial or inconclusive.
c. Only A is correct.
d. Both statements are correct.
129. What is not an objective of Probation law?
a. To promote correction and rehabilitation of the offender by giving him individualized
treatment.
b. To provide a better opportunity for the penitent offender to reform
c. To promote further commission of crimes as he is placed under the supervision of
probation officer
d. To decongest our jails
130. The following are the other kinds of plurality of crimes where a single penalty is imposed.
Which is not included?
a.
b.
c.
d.
Composite crimes or special complex crimes
Continued crime or delito continuado
Continuing crimes or transitory crimes
Simple crime
131. What is the effect when one of the crimes in information charging complex crimes is not
proved?
a. He will not be convicted of any crime
b. The accused can be convicted of the other.
c. The case will be dismissed
132. When may the employer’s subsidiary civil liability be enforced?
a.
b.
c.
d.
When the judgment of conviction becomes final
When the judgment of conviction is rendered
When the convicted employee is insolvent
When the judgment of conviction becomes final and convicted employee is insolvent
133. Is verbal notice of dishonor sufficient in B.P. 22 cases?
a. Yes, a mere oral notice or demand to pay would appear to be sufficient for conviction
under the law.
b. No, the notice of dishonor must be in writing, a verbal notice is not enough.
c. Answer not given
134. If the drawer or maker is an officer of the corporation is notice of dishonor to said
corporation sufficient?
a. No, the notice of dishonor to the said corporation is not notice to the employee or
officer who drew or issued the check for and in its behalf.
b. Yes, the demand on the corporation constitutes demand on the officer or employee.
c. Yes, constructive notice to the corporation is enough to satisfy due process.
135. May the principle of delicto continuado be applied to special law?
a. No, unless the special law so provides.
b. Yes, since under Article 10 of the Revised Penal Code, the Code shall be
supplementary to special laws.
c. No, it strictly applies to crimes punished by the Revised Penal Code,
136. Which of the following is a continuing crime?
a.
b.
c.
d.
Rebellion, insurrection and conspiracy and proposal to commit such crimes
Squatting and violation of BP 22
None of the above
All of the above
137. Which of the following statement is FALSE?
a. Probation is a mere privilege not a right
b. Its benefits can extend to those expressly excluded
c. Probation is not a right of the accused but rather an act of grace and clemency or
immunity conferred by the state which may be granted by the court.
138. The following are the causes of partial extinction of criminal liabilities. Which is excluded?
a.
b.
c.
d.
Conditional pardon
Commutation of sentence
Good conduct allowance
Absolute pardon
139. Who owes allegiance to the Philippines?
a.
b.
c.
d.
A citizen or subject who owes permanent allegiance
A foreigner who owes temporary allegiance
Only government employees
Both A and B
140. Who are the persons authorized by law to expel or compel persons to change abode?
a. People from NBI and Bureau of Customs
b. Only the president of the Philippines and the courts after final judgment sentencing
the accused to destierro or as a condition in his probation
c. Both A and B
d. Answers not given
141. Can direct assault be committed during rebellion or sedition?
a.
b.
c.
d.
Yes, otherwise offenders will be freed from liability
No, because direct assault requires that there should be no public uprisings.
Yes, there is no qualification in the law.
Answer not given
142. What variant crimes can arise from discharge of fire arms?
a.
b.
c.
d.
e.
Alarms and scandals
Threat
Grave coercion
All of the above
None of the above
143. Who is the offender in Article 156 or delivery of Prisoner from jail?
a. The offender is a person who is not the Custodian of the prisoner at the time of the
commission of the offense
b. The Custodian of the prisoner
c. Any policemen
144. Is good faith a defense in falsification?
a. Yes, there is no falsification of a public document if the acts of the accused are
consistent with good faith
b. Yes, as a liberal interpretation of criminal law in favor of the accused
c. No, since misstatements or erroneous assertions in a public document will give rise
to falsification even if it is made in good faith.
145. Will the use of another name in a particular instance constitute use of an alias?
a. Yes, since the law does not distinguish
b. No, as an application of the doctrine that criminal laws shall be interpreted in favor of
the accused
c. No, since the use of a fictitious name or a different name belonging to a single
person in a single instance without any sign or indication that the user intends to be
known by this name in addition to his real name from that day forth does not fall
within the prohibition contained in CA No. 142.
146. Which of the following is not true regarding the significant changes brought about by R.A
9165 or the Comprehensive Dangerous Drugs Act of 2002
a. The penalty is no longer based on the quantity involved except in the case of
possession
b. The penalties under the special penal laws such as life imprisonment are revived and
the nomenclatures of the Revised Penal Code were deleted from the law.
c. Use of Dangerous Drugs under Section 15 now does not have graduated penalty
147. Is the plunder law void for being vague?
a. No, since it contains ascertainable standards and well defined parameters which
would enable the accused to determine the nature of his violation
b. Yes, since there are some unexplained terms
c. Yes, since it did not explain difficult words used.
148. What kind of crime is Plunder?
a. Malum Prohibitum since it is covered by special law
b. Malum in se because the legislative declarations in RA 7659 that plunder is a
heinous offense implies that it is a malum in se.
c. Answer not given
149. Which of the following is TRUE?
a. Preventive suspension is a penalty
b. Preventive suspension is a result of judicial proceeding
c. If acquitted, the official concerned shall be entitled to reinstatement and to the
salaries and benefits which he failed to received during the suspension
150. In the case of parricide, if the information failed to mention that the offender and the
offended party are married can the former be convicted to parricide?
a. No, that will violate his right to information of the nature of the charge against him
b. Yes, the same can be proved even during the trial.
c. Yes, since the same is not required by law.
151. Legislative acts which prohibit certain acts and establish penalties for their violations are
a.
b.
c.
d.
e.
Penal laws
Contained in the Revised Penal Code
Public laws
Remedial laws
Substantive laws
152. The following cannot have retroactive application:
a. Law which makes the penalty for offenses heavier than when committed
b. Law which alter the rules of evidence so as to make it substantially easier to convict
a defendant.
c. Statute that deprives accused of some lawful protection to which he has become
entitled, such as a proclamation of amnesty.
d. The law directing the suspension of public officer when a valid information has been
filed against him before the court.
153. It is the belief of its proponent that penal laws should be directed against the actual or
potential wrongdoer and that opportunism and materialism should not be encouraged.
a.
b.
c.
d.
e.
Positivist theory
Classical Theory
Ecclectic Theory
Juristic Theory
Utilitarian Theory
154. Crimes mala prohibita are:
a.
b.
c.
d.
e.
Generally embodied in the Revised Penal Code
Punishable with life imprisonment and never with reclusion perpetua
Always wrong acts hence should be penalized
Generally not required to be attended by malice and evil intent
Heinous crimes
155. Under the positivist or realistic theory, the penalty to be imposed on the convict should be
a. For the purpose of reforming the convict
b. Should be equal to the crime committed without regard to the personal attribute of
the offender
c. Predetermined on the basis of the gravity of the offense
d. Not mitigated by the factors like the social and behavioral environment of the convict
156. Conspiracy is not a crime but a means to incur criminal liability
a. The statement is false because there are conspiracies especially punished by law
b. The statement is false because conspiracy can be both a crime and a means of
incurring criminal liability
c. The statement is absolutely true
d. The statement is false because conspiracy is an aggravating circumstance
e. The statement is false because conspiracy is qualifying circumstance
157. Justifying and exempting circumstances allow the actor to escape criminal liabilities. Aside
from these circumstances, other factors likewise prevent the incarceration of a wrongdoer
except for:
a.
b.
c.
d.
e.
f.
Probation
Absolutory cause
Mistake of fact
Absolute pardon
Amnesty
Indeterminate Sentence Law
158. Sufficient provocation as an element of self defense and as a mitigating circumstance are
differentiated as follows:
a. As an element of self defense, there must be sufficient provocation on the part of the
offended party
b. As a mitigating circumstance, sufficient provocation must come from the offender
c. As an element of self defense, there must be no provocation on the part of the
offended
d. As a mitigating circumstance, there must be sufficient provocation on the part of the
offended party; the exact opposite must obtain in self defense
e. Sufficient provocation in either case must be absolutely lacking
159. Pursuant to R.A. No. 9344, a minor less than 18 years old can be absolutely exempt from
criminal liability
a.
b.
c.
d.
e.
If he acted without discernment although he is 17 years old
If the minor committed an offense which is victimless
If the minor is mentally retarded
If the minor admits his crime voluntarily
If the offended party pardons the minor
160. Because crimes require criminal intent, the act is not criminal
a.
b.
c.
d.
e.
When the mind is not criminal
When the crime is malum prohibitum
If the offender is illiterate
When the offender acted negligently
When the offender is suffering from schizophrenia
161. Motive is not relevant in the following cases except:
a.
b.
c.
d.
When the identity of the accused is certain.
When direct evidence in the case obtains.
When the act brings about variant crimes
When credible eye witnesses point to the accused as the offender
162. The following statement on the relationship between the Revised Penal Code and special
penal laws are true:
a. The Revised Penal Code shall have suppletory effect on special penal laws unless
the latter shall specially provide the contrary.
b. The offenses punished under special laws are not subject to the provisions of the
Revised Penal Code
c. The Revised Penal Code shall have suppletory effect on special penal laws when it
uses the nomenclature of penalties under the former.
d. The Revised Penal Code shall have suppletory effect on special penal laws when the
court is given discretion in the application of penalties.
163. Which of the following is not true:
Armed men who participate in the commission of a felony:
a. Are principal offenders when they are members of a band
b. Are accomplices when they aid the principal offender in the commission of a felony
c. Have greater criminal liability for being members of organized crime syndicate
formed for the commission of crimes for economic gains
d. Are liable for robbery with homicide qualified by band pursuant to Article 294
subdivision 1 in relation to Articles 295 and 296 of the Revised Penal Code
164. Penalties under the Revised Penal Code are imposed on the principal offenders and in the
consummated stage. They are classified into principal penalty which must be expressly
stated in the dispositive portion and accessory penalty which follow the principal penalty to
which it is attached by operation of law.
a. Both statements are true
b. The first statement is true and the second is false because the accessory penalty
must also be expressly stated in the decision
c. The second statement is true but the first is false because there are penalties
imposed on the accessory and the accomplice
d. Both statements are false because there are penalties imposed on the accessory
and the accomplice and accessory penalty must also be expressly stated in the
decision
165. Habitual delinquency and recidivism are similar in that:
a.
b.
c.
d.
Both are generic aggravating circumstance
Both increase the penalty to the maximum period
Both require the commission of the same offense at least thrice
They require the commission of felonies in the same title such as robbery and estafa
under Crimes against Property and serious and less serious physical injuries under
Crimes against Persons
166. Special complex crimes and complex crimes may be compared as follows:
a. Special complex crimes are especially provided for under Book II of the Revised
Penal Code by specifying the crimes composing the indivisible felony and the penalty
therefor; Article 48 on complex crimes gives the general rules on what crimes can be
complexed and the penalty shall be for the most serious in the maximum period
b. Both specie of crimes can be committed by negligence
c. In special complex crimes when one of the composite crime is not proved, the
accused cannot be convicted of the other
d. In complex crimes, the ―excess‖ crimes committed are absorbed so that forcible
abduction with multiple rapes constitute only one offense
167. Which of the following is not a requirement for the employer to be civilly liable for the crime
of his employee?
a. The judgment of conviction must be final and executory
b. The employer-employee relationship is proved
c. The convict is insolvent
d. A hearing for the purpose of determining whether or not the employer is civilly liable
has been held
168. The rule which allow a crime to be committed without criminal intent is called:
a.
b.
c.
d.
e.
Res ipsa loquitor
Actus non facit reum nisin mens sit rea
Quid pro quo
Ex post facto
Malum prohibitum
169. A crime committed outside the Philippine territory is not triable in the Philippines because
Philippine criminal law
a.
b.
c.
d.
e.
Adheres to the generality principle
Prohibits retroactive application of penal law
Is subject to treaties and laws of preferential character
Subscribes to the law of nations
Is territorial in character
170. The death penalty cannot be imposed on a accused who committed a heinous crime
because
a.
b.
c.
d.
e.
Congress has enacted R.A. 9346 which prohibits its imposition
The Philippine Constitution prohibits its imposition
Death penalty is inhuman
The Philippine is a part of Christendom
Philippine judicial system is defective
171. What is the effect of R.A. 9346 banning the imposition of the death penalty on the penalty
for accomplices and accessories or for attempted or frustrated felonies punished by death
penalty?
a. The penalty for the accomplice in the consummated felony punished by death shall
be the same as the principal (reclusion perpetua) for R.A. 9346 only affected the
principal offender whose penalty is death.
b. The penalty for the frustrated felony punished by death shall be the same as for the
consummated because R.A. 9346 only affected the consummated felony punishable
by death.
c. Two degrees lower than death penalty or reclusion temporal shall be imposed on the
attempted stage pursuant to Article 71 (graduation of penalties) in relation to Article
61 (rules for graduating penalties).
d. The penalty shall be reclusion perpetua for the principal offender in the
consummated stage and one or two degrees lower for the frustrated or attempted
stage and for the accomplices or accessories should be counted from reclusion
perpetua which is the actual penalty imposed on the principal.
172. Self defense is a justifying circumstance whereas accident is an exempting circumstance
a.
b.
c.
d.
e.
The statement is true because the act of the actor is legal
The statement is false because accident is a justifying circumstance
The statement is false because self defense is a mitigating circumstance
The statement is false because both are alternative circumstances
The statement is true because Articles 11 and 12 respectively provides so
173. The phrase aggravating circumstance can have both liberal and strict construction, thus:
a. Aggravating circumstance is strictly construed if the crime committed is against
persons
b. It is liberally construed if the crime committed is against property
c. It is strictly construed if it will raise the penalty to death and consequently shall only
be exclusively taken from Article 14
d. It is liberally construed to include all kinds of aggravating circumstance
174. Which of the following is/are granted in addition to the civil indemnities granted to the victim
of a crime and/or his heirs when such is attended by qualifying circumstances:
a.
b.
c.
d.
Indemnity for the mere fact of commission of crime such as rape or killing
Loss of earning capacity of the victim in case of killing
Actual damages such as hospitalization and funeral expenses
Support to those who are not compulsory heirs of the victim whom he is obliged to
support for not more than five years
e. Moral and exemplary damages to the victim and/or his heirs for moral suffering
caused by the crime
175. The husband who has sexual intercourse with a married woman can be liable for adultery
and concubinage for the same act.
a. True because his act offends against two provision of the law and against diffeent
offended parties - his wife and the husband of the married woman
b. False because that will violate the constitutional proscription on double jeopardy
c. True because his act is contrary to morality
d. False because the adultery is a crime by the married woman
e. True because the two provisions on adultery and concubinage are separate and
distinct from one another.
176. One of the following is not entitled to the benefits of Indeterminate Sentence Law
a. Those who are sentenced to a maximum penalty not exceeding one year
b. Where the offense committed is punished by death or life imprisonment
c. Where the penalty imposed is the single indivisible penalty of reclusion perpetua
pursuant to Article 63 of the Revised Penal Code
d. Recidivist and those on parole
e. Habitual delinquents
177. Which of the following statement is true as regards the Indeterminate Sentence Law (ISL)
and Probation Law (PL)
a.
b.
c.
d.
e.
Probation is a privilege whereas ISL is mandatory
ISL does not require imprisonment for the convict whereas PL does
ISL disqualifies second time offenders which is not true with the PL
ISL is available even if the penalty is fine only whereas PL is for prison sentence only
Habitual delinquents are not disqualified for both PL and ISL
178. Qualifying circumstance for murder not pleaded but proved is considered as generic
aggravating
a. The statement is true due to the amendment in the Revised Rules of Court
b. The statement is false because this is prejudicial to the accused
c. The statement is partially true because only in case of death penalty shall the rule
apply
d. The statement is partially false because it is the Revised Penal Code which made
the amendment
e. The statement is true but not because of the amendment of the Revised Rules of
Court
179. There are four kinds of aggravating circumstances. One of them is
a. Organized crime syndicate
b. Ordinary circumstance
c. Qualifying circumstance
d. Privileged circumstance
180. Prior to R.A. 9346, there are how many ways of imposing the death penalty?
a. Only one, for heinous crimes under R.A. 7659, the death penalty law
b. Three ways, Under R.A. 7659, under the Revised Penal Code and under other
special laws
c. Four ways, under the three in letter (b) above, and under the Constitution
d. No way, for the President has always reprieved the convict or reduced his penalty to
life or reclusion perpetua
e. Two ways, via death as an independent penalty pursuant to R.A. 7659 or thru the
ranged penalty of reclusion perpetua to death under the Revised Penal Code
181. The three fold rule is a beneficial mode of computing the penalty to be served by the
convict when there are several penalties imposed which cannot be served simultaneously.
The rule operates as follows:
a. The judge shall sentence the accused to three times the most severe of all the
penalties imposable on the convict
b. To prison director shall add up all the penalties imposed on the convict and compare
the same to three times the most severe penalty. The convict shall serve the lesser
of the two which shall in no case exceed forty years.
c. The judge shall sentence the accused to forty years in prison when all the penalties
imposable on the convict shall exceed forty years
d. The court shall multiply the most severe penalty by 4 and impose on the convict
whatever is the result of such.
182. A complex penalty is
a. The penalty on the person guilty of a complex crime
b. A penalty composed of three distinct penalties the lowest of which shall be the
minimum, the next higher the medium and the highest the maximum.
c. The penalty on compound crimes
d. The penalty on special complex crime
e. The penalty on continued and continuing crimes
183. Under R.A. 9344, the minor in conflict with the law who is adjudged criminally liable can
avail of suspended sentence
a.
b.
c.
d.
If he acted with discernment
If he agreed to a diversion program
If he is still a minor when his sentence is promulgated
Even if he is no longer a minor when his sentence is promulgated
184. Status offenses refers only to:
a.
b.
c.
d.
e.
Crimes committed by minors
Crimes committed by adults
Crimes committed by males
Crimes committed by females
There is no such crime
185. Robbery with serious physical injuries requires that the injury inflicted be one that is
punished under:
a. Article 264 on serious physical injury by administering injurious substances
b. Article 263 on serious physical injury by wounding, beating or assaulting
c. Article 265 on less serious physical injury
d. Article 262 on mutilation
e. Article 265 on slight physical injury
186. Theft is qualified when:
a. There is abuse of confidence or taking advantage of the occasion of calamity
b. What is taken is official document
c. The thing taken is mina bird or other endangered species
d. The offender is a clerk of a trading company
e. The thieves are armed with unlicensed firearm
187. Possession or use of unlicensed firearm shall have the following effects except for one:
a. It shall be absorbed in the commission of rebellion, insurreccion, sedition, attempted
coup d’etat
b. It shall aggravate the crime of homicide or murder
c. It shall not be charged as a crime if any other crime involving such licensed firearm is
committed
d. It shall be aggravated by the fact that the offender is under the influence of drugs.
e. It shall aggravate the crime of robbery with homicide.
188. Custodial investigation requires that the inquiry by peace officers shall be inculpatory
against the
a.
b.
c.
d.
e.
Subject of criminal investigation
Suspect in the commission of a crime
Accused in a criminal case
Detention prisoner
Fugitive from justice
189. When acts of violence by the offender hastened the death of a person who has a lingering
heart ailment:
a. The offender shall be liable for serious physical injuries
b. The offender shall be liable for reckless imprudence resulting to homicide
c. The offender shall be criminally liable because his act is the proximate cause of the
death of the victim
d. The offender shall not be criminally liable because the heart attack is an efficient
intervening cause
e. The offender shall be criminally liable because his act is the direct cause of the death
of the victim
190. Voluntariness as an element of a felony is true only when the crime is:
a. dolo by performing an act with deliberate intent
b. dolo by omitting to perform an act required by law
c. culpa
d. a malum prohibitum
e. all kinds of crime where the offender has intelligence and freedom of action
f.
191. The following is not a heinous crime:
a.
b.
c.
d.
e.
Qualified piracy and qualified mutiny
Highway robbery where the victim is killed
Incestuous rape of a child under 18
Robbery with homicide
Destructive arson resulting to homicide
192. The following crimes preclude the filing of a separate charge for the second offense
committed in the course or as a result of such crimes:
a. Violation of domicile when the warrant of arrest was obtained maliciously
b. Abandonment of a child under 7 years old when the child suffers physical injury as
result.
c. Bribery resulting to falsification of public documents when the public officer agreed to
issue a false certification in consideration of the consideration given by the corruptor
d. Falsification of private document to facilitate the commission of estafa
193. A child at risk is one who:
a. Committed an intentional felony
b. Was raised in a family of drug traffickers
c. Is under 15 yrs of age
d. Is over 15 but under 18 who committed a crime
e. Is raised in a dysfunctional environment and/or household which makes him prone to
commit a crime
194. Piracy under the Revised Penal Code and piracy under P.D. 532 are both good laws and
co-existing independently. The distinction between the two is mainly that:
a. Under the RPC, piracy is triable only in the Philippines whereas under P.D. 532, it is
triable by any country.
b. The RPC recognizes that piracy can be committed by any person even if members of
the complement or passenger; in P.D. 532 it is committed only by the complement of
the vessel.
c. P.D. 532 declares that the offense can be committed by any person even if members
of the complement or passenger in Philippine waters. In the RPC it should be
committed by those who are not members of the complement or passenger in
Philippine waters or in the high seas.
d. P.D. 532 makes the act punishable if committed in any body of water whereas RPC
makes it punishable if committed in Philippine waters only.
195. Between acts of lasciviousness and attempted rape, the distinction is
a. In the intent to penetrate the female organ and offender actually commenced to force
his penis into the complainant’s sexual organ to make a case of attempted rape
b. In attempted rape, overt acts showing indubitably that there is introduction of the
penis into the aperture of the female organ thereby touching the labia of the
pudendum
c. AOL can be against both male and female whereas attempted rape can only be
against a female
d. In attempted rape the victim can be under 12 whereas in AOL the victim should
always be over 12
196. Between consented acts of lasciviousness and acts of lasciviousness:
a. AOL can be against male or female and the age does not matter as long as it is
under circumstances of rape
b. Consented AOL can be both against male or females and under circumstances of
seduction
c. Consented AOL requires that the offended be over 12 but under 18 and committed
under circumstances of rape
d. AOL can only be against a female who should be over 12 but under 18
e. AOL can be both against male and female who should be over 12 but under 18
197. To what component of criminal law is express and implied repeal relevant?
a.
b.
c.
d.
e.
Territoriality
Generality
Irretrospectivity
Bill of attainder
Equal protection of the law
198. Which of the following cannot be committed by culpa?
a.
b.
c.
d.
Arson
Intentional abortion, malicious mischief, estafa and mutilation
Homicide
Serious physical injuries
199. Between grave threat (GT) and grave coercion (GC), the difference is:
a. In GT, the wrong threatened is future and conditional whereas in GC it is direct,
immediate and personal
b. In GT, the wrong threatened is always a crime which is not so in GC
c. In GT, there is always a condition which is not so in GC
d. GT cannot be done by means of an intermediary or in writing whereas GC can be
e. GT allows the court to impose bond to keep the peace which is not available in GC
200. If a person tested positive for drug use and is also in possession of drugs sold, he shall
liable for:
a.
b.
c.
d.
e.
Separate crimes of illegal possession and use of dangerous drugs
Use of dangerous drugs only and illegal possession is absorbed
Compound crime of illegal possession and use of dangerous drugs
Complex crime of illegal possession of prohibited and regulated drugs
Illegal possession of dangerous drugs only
201. Between robbery with violence against or intimidation of person (VAIP) and robbery with
force upon things (FUT), the difference lies in that:
a. The penalty for robbery with VAIP is based on the result of the force, violence or
intimidation employed whereas in robbery with FUT, the penalty is based on the
value of the thing taken
b. When both VAIP and FUT are present in the robbery, the penalty shall be always for
the robbery with VAIP notwithstanding that the penalty for the robbery with FUT
would have been higher
c. Robbery with FUT is always committed in a dwelling whereas with VAIP can be
committed in a highway
d. In robbery with FUT, the penalty is always lesser than in robbery with VAIP
202. In the crime of libel, truth of the imputation is not a defense if:
a. The imputation is against a public officer and the same relates to his public function.
b. The imputation relates to a crime against any person
c. The imputation is against a public figure and the offender shows good motives and
justifiable ends in making the imputation
d. The offended party is a private person and the offender has not shown good motives
and justifiable ends in making the imputation
203. The ―rule of actual malice‖ in libel requires that:
a. The statement must be made with actual malice — that is, with knowledge
that it was false or with reckless disregard of whether it was false or not
b. A rule placing on the accused the burden of showing the truth of allegations of official
misconduct and/or good motives and justifiable ends for making such allegations
c. The statement should not be absolutely privileged statement
d. The statement should not be made in a judicial or parliamentary proceeding
204. The Anti-fencing Law {PD 1612} covers:
a.
b.
c.
d.
Proceeds of theft or robbery only
Proceeds of estafa and syndicated crimes only
Also proceeds usurpation
The fruit of all crimes involving gain to the offender
ANSWER KEY IN CRIMINAL LAW
1. A
2. D
3. E
4. A
5. C
6. C
7. A
8. C
9. D
10. A
11. D
12. E
13. E
14. A
15. A
16. A
17. D
18. E
19. E
20. B
21. E
22. A
23. C
24. D
25. C
26. C
27. E
28. D
29. B
30. A
31. A
32. B
33. C
34. A
35. C
36. B
37. B
38. A
39. B
40. C
41. D
42. D
43. D
44. E
45. E
46. A
47. D
48. E
49. C
50. A
51. C
52. E
53. C
54. D
55. D
56. B
57. C
58. D
59. A
60. C
61. C
62. D
63. B
64. C
65. C
66. C
67. D
68. B
69. B
70. B
71. A
72. B
73. B
74. B
75. B
76. D
77. B
78. A
79. F
80. A
81. D
82. E
83. E
84. C
85. B
86. B
87. E
88. D
89. A
90. B
91. A
92. A
93. B
94. C
95. D
96. B
97. A
98. E
99. D
100. B
101. B
102. A
103. B
104. B
105. B
106. B
107. A
108. A
109. B
110. A
111. A
112. C
113. A
114. B
115. A
116. C
117. A
118. C
119. D
120. E
121. D
122. A
123. D
124. C
125. D
126. A
127. D
128. D
129. C
130. D
131. B
132. D
133. B
134. A
135. B
136. D
137. B
138. D
139. D
140. B
141. B
142. D
143. A
144. A
145. C
146. C
147. A
148. B
149. C
150. A
151. A
152. D
153. E
154. D
155. A
156. B
157. F
158. D
159. A
160. A
161. C
162. C
163. D
164. A
165. D
166. A
167. D
168. E
169. E
170. A
171. D
172. E
173. C
174. E
175. A
176. D
177. A
178. A
179. C
180. E
181. B
182. B
183. D
184. A
185. B
186. A
187. E
188. B
189. C
190. E
191. B
192. D
193. E
194. C
195. A
196. A
197. C
198. B
199. A
200. E
201. A
202. D
203. A
204. A