MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
1. Which of the following has the power to define and punish crime?
a. The legislative
b. The Chief Executive
c. The Supreme Court
d. Sandiganbayan
e. Trial Courts
. Which of the following is not a limitation on the power of the legislative to enact penal laws?
a. !rohibition against "ill of #ttainders or Ex$post facto law.
b. E%ual !rotection of the law
c. !rohibition against cruel& degrading& or inhuman punishment or imposition of
excessive fines.
d. #bridgment of the obligation of contract.
'. Which of the following is not a characteristic of penal law?
a. (enerality
b. Territoriality
c. !rospectivity
d. )etroactivity when favorable to accused
e. #d*ective or )emedial
+. Which rule on *urisdiction over crimes committed on foreign vessels while on !hilippine
waters is not followed in the !hilippines?
a. The ,rench )ule - The crimes are not triable in the !hilippines unless the crimes
affect the peace and security& or safety of the !hilippines is endangered.
b. The #nglo$#merican )ule or the English )ule - the crimes are triable in the
!hilippines unless the crimes affect merely the internal management of the vessel.
c. .f the foreign vessel is a warship& !hilippines Courts have no *urisdiction because a
warship is an extension of the country to which it belongs and it is not sub*ect to the
laws of another state.
d. The !hilippines Courts have *urisdiction to try continuing crimes committed in a
vessel sailing from a foreign port into !hilippines waters& even if the crimes are not
punishable in the foreign country were the vessel comes from the crimes are
punishable under !hilippine laws.
/. 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 penali0e the acts defined and penali0ed in the
repealing law.
c. .mplied repeal or repeal by re$enactment.
1. #n escaped prisoner& then armed with a bamboo lance& was as2ed by a policeman to
surrender& refused to do so and instead answered the latter with a stro2e of his lance& the
policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner&
.s the act of the policeman on resorting to extreme means will always be *ustified?
a. 3es& since an arresting officer is re%uired to act within the performance of his duty& he
must stand his ground and cannot& li2e a private individual& ta2e refuge in fight& his
duty re%uires to overcome his opponent4
b. 5o& it was provided under the )ule of Court that no violence or unnecessary force
shall be used in ma2ing an arrest. Such provision accepts no exception4
c. .t depends& the reasonableness of the force employed by the arresting officer must be
ad*udged 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 2nowledge would have deemed necessary under the
circumstances.
6. Which of the following is not a source of criminal law?
a. The Constitution
b. #cts of legislature
c. !residential 7ecrees and Executive 8rders issued by 9arcos during 9artial :aw&
and by Cory #%uino during her )evolutionary (overnment.
d. .mplementing rules and regulations providing a penalty as authori0ed by the basic
law.
;. Which of the following is an absolutory cause?
a. #berratio ictus
b. !raeter intentionem
c. 9ista2e of fact
d. !roximate cause
e. Error in persona
f. .mpossible crime
<. Which of the following is a crime malum in se?
a. 8ffenses punished by the )evised 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. .llegal possession of firearms
c. >iolation of "! for issuing a bouncing chec2
d. 8ffenses defined and punished by the )evised !enal Code.
e. Carnapping :aw
f. 7angerous 7rugs :aw
1?. The )evised !enal Code @)!CA 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& Bowever& there are some articles in the )!C that are positivistic in
orientation intended to curb the dreadful and dangerous tendencies of the individual. Which
of the following articles in the )!C does not pertain to the !ositivist School?
a. #rticle +& )!C - impossible crimes
b. #rticle 1'& paragraph 6& )!C - on the mitigating circumstances of voluntary
surrender and plea of guilty.
c. #rticle 11& paragraph 1& )!C - on self$defense
d. Three fold rule
e. Extenuating and absolutory causes
11. Which of the following is not a punishable conspiracy?
a. Conspiracy to commit treason
b. Conspiracy to commit rebellion
c. Conspiracy to commit coup d= etat
d. Conspiracy to commit murder
e. Conspiracy to commit sedition
f. 9onopolies and combination in restraint of trade
1. Which of the following is not a *ustifying circumstances?
a. Self$defense
b. 7efense of property
c. 7efense of honor
d. 7efense of relatives
e. #ccident
f. #voidance of greater evil or in*ury
g. "attered woman syndrome
h. 7efense of strangers
1'. Which of the following is not an exempting circumstances?
a. .mbecility
b. .nsanity
c. .nsuperable cause
d. 9inor exactly < years old at the time of the commission of the offense
e. Entrapment
f. .rresistible force
g. .mpulse of Cncontrollable fear
h. .nstigation
i. #ccident
1+. Which of the following is not ordinary mitigating circumstances?
a. .ncomplete self$defense& incomplete defense of relatives and strangers
b. .llness that diminishes the exercise of will power
c. :ac2 of intent to commit so grave a wrong
d. Sufficient provocation
e. .mmediate @proximateA vindication of a grave offense
f. !assion or obfuscation
g. >oluntary surrender
h. >oluntary plea of guilty
i. Confession of guilt
*. "eing deaf and dump or blind
1/. Which of the following is not a privileged mitigating circumstances?
a. .ncomplete self$defense& incomplete defense of relatives and strangers
b. The 8ffender is 1; years old
c. Schi0oprenia
d. #rticle //& )!C - concealment of honor of the mother in infanticide
e. #rticle 1;& )!C $ voluntary release of a person detained within ' days without the
accused attaining his purpose and before institution of criminal action.
f. #rticle '''& )!C - un*ustified abandonment of the spouse in the crime of adultery
11. .nsult may not be appreciated as a re%uisite for4
a. Cnlawful aggression in self defense and defense of relatives and strangers
b. !assion and obfuscation as a mitigating circumstance
c. >indication of a (rave offense as a mitigating circumstance
d. Sufficient provocation as a mitigating circumstance
16. .n 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 offense4
a. Ta2ing advantage of official position
b. .n contempt of or with insult to public authorities
c. :ac2 of regard due to offended party by reason of ran2
d. 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.
1;. Which of the following aggravating circumstances may not be appreciated in crimes against
persons?
a. Evident premeditation
b. Treachery
c. #buse of Superior Strength
d. 9eans employed to wea2en the defense
e. #bused of official position
f. .gnominy
g. Cruelty
h. !rice& )eward or promise
i. 7welling
*. ,raud& craft and disguise
1<. Which of the following aggravating circumstances does not %ualify the 2illing of homicide to
murder?
a. Evident premeditation
b. !rice& )eward or !romise
c. Treachery
d. Cse of !oison
e. 7welling& 5ightime and sex of offended
f. Cse of motor vehicle
g. Cse of Explosion
?. Which of the following is not an alternative circumstance?
a. )elationship
b. #ge
c. .ntoxication
d. 7egree of .nstruction and education of the offender
e. #ll of the above
1. Which among the following is not included in civil interdiction criminally liable for felonies?
a. !arental authority
b. (uardianship of the person or the property of the ward
c. 9arital #uthority
d. 9anagement of his property
e. )ight to dispose of his property by any act or conveyance mortis causa
f. )ight to dispose of his property by any act or conveyance inter vivos
. # minor < or under is
a. #bsolutely exempt from criminal liability
b. )elatively exempt from criminal liability
c. En*oys privileged mitigating circumstance
d. Extenuating circumstance
e. #bsolutory cause
'. Which of the following is not an accessory penalty?

a. Suspension from public offices& profession or right of suffrage
b. Civil interdiction
c. .ndemnification
d. !ayment of costs
e. !erpetual or temporary absolute dis%ualification
f. !erpetual or temporary special dis%ualification
+. What is meant by the term Dmens reaE?
a. no intent to commit so grave a wrong
b. good faith in the commission of the crime
c. no malice in committing the crime
d. unlawful intent
/. !roximate cause means4
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. 7irect cause
1. )ec2less imprudence is a crime only when4
a. the offender is under the influence of drugs
b. the offender is under the influence of li%uor
c. the imprudence results in the commission of a consummated felony or crime
d. the felony is attempted
e. the felony is frustrated
6. # child in conflict with the law is one who4
a. Committed an intentional felony
b. Was raised in a family of drug traffic2ers
c. .s under 1/ yrs of age
d. .s over 1/ and under 1; who committed a felony with discernment
e. # child who is alleged as& accused of& or ad*udged as& having committed an offense
under !hilippine laws.
;. .n light felonies the following are criminally liable
a. !rincipal only
b. #ccomplices only
c. #ccessories only
d. !rincipal and #ccomplices only.
<. .n mala prohibita& the criminal liability of the offender is determined by his
a. criminal intent
b. intent to perpetrate the act
c. negligence& lac2 of foresight& lac2 of s2ill
d. ignorance of the law
e. mista2e of fact
'?. To overcome intelligence as an element of criminal liability one has to prove
a. 7eprivation of cognition
b. Cnder the compulsion of an irresistible force
c. 9ista2e of fact
d. 9ista2e of identity
'1. #n ordinary mitigating circumstance reduces the penalty only to the
a. 9inimum !eriod
b. 7egree
c. .ndeterminate Sentence :aw
d. !robation :aw
'. When the aggravating circumstance of recidivism is present in the commission of a crime&
the offender is called a
a. Fuasi$recidivist
b. )ecidivist
c. Babitual criminal
d. Babitual delin%uent
''. What component of criminal law is express and implied repeal relevant?
a. Territoriality
b. (enerality
c. .rretrospectivity
d. "ill of attainder
'+. !reventive imprisonment is
a. 5ot a penalty
b. # principal penalty
c. Subsidiary penalty
d. )emedial measure
e. #ccessory penalty
'/. The pecuniary liabilities of the offender under the )evised !enal Code should be prosecuted
a. .n the criminal action
b. .n a separate civil action
c. .n either of the two actions above
d. .n both of the above actions
'1. The threefold rule under article 6? is addressed to the
a. Gudge deciding the case
b. !rison head holding the prisoner
c. !robation officer
d. "oard of pardon and parole
'6. The phrase DStand ground when in the rightE means4
aA # person need not retreat against an unlawful aggressor but he is not expected to
fight bac2
bA # person need not retreat against an unlawful aggressor but must defend himself by
fighting bac2
cA # person attac2ed must retreat but must fight bac2 when caught by his aggressor
dA 5one of the above
';. .mpossible crime is punished only when the crime is
a. Consummated
b. ,rustrated
c. #ttempted
d. >oluntary
'<. >icarious 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
+?. The dangerous tendency rule and the clear and present danger rule is relevant in the
discussion of the crime of
a. #rson
b. .mmoral doctrines
c. Sedition
d. Cnfair competition
+1. DGudicial authorityE in #rticle 1/ of the )evised !enal Code refers to4
a. The *ustices or *udges vested with *udicial power to order the temporary detention or
confinement of a person charged with having committed a public offense.
b. Supreme Court *ustices
c. Gudges of inferior courts as may be established by law
d. #ll of the above
+. Bow is the crime of coup d=etat committed?
a. "y a swift attac2 accompanied by violence& intimidation& threat& strategy or stealth
against duly constituted authorities of the )epublic of the !hilippines& or any military
camp or installation& communications networ2s& public utilities or other facilities
needed for the exercise and continued possession of power.
b. Singly or simultaneously carried out anywhere in the !hilippines.
c. "y any person or persons& belonging to the military or police or holding any public
office or employment& with or without civilian support or participation.
d. #ll of the above concurring
e. #ny two of the above concurring
+'. What are the ways of committing the crime of illegal assembly?
a. (athering of persons any or some of whom are armed for unlawful purpose under the
Code.
b. (athering 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. ,ormation of an unlawful association
d. # and "
e. " and C
++. What are elements of per*ury?
a. There must be testimony or a statement @affidavitA 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$sub*ect of in%uiry in that case.
d. The testimony or affidavit must have been made to comply with a legal re%uirement&
i.e.& it must be re%uired by law and must be re%uired to be under oath.
e. #ll of the above concurring
f. #& " and C only
g. "& C and 7 only
+/. .ndirect bribery is committed by4
a. # public officer who will do an act in consideration of what he will receive.
b. # public officer who will refrain from doing what he should do because of what he
receives
c. # public officer who does an act constituting a crime in consideration of what he will
receive
d. # public officer who commits an act not constituting a crime in consideration of what
he will receive
e. # public officer who receives consideration because of his office.
+1. #rticle <+ @robbery with violence against or intimidation of personA defines and penali0es
a. composite crime or special complex crime
b. complex crime
c. compound crime
d. continuing crime
+6. Who are those exempt from criminal liability for theft& swindling and malicious mischief?
a. Spouses& ascendants and descendants& or relatives by affinity in the same line only
b. 8nly the widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of another
c. 8nly brothers and sisters and brothers$in$law and sisters$in$law& if living together.
d. #& " and C
e. # and "
f. " and C
g. # and C
+;. Who is not a public figure?
a. Be is one who& by his accomplishments& fame& mode of living& or by adopting a
profession or calling which gives the public a legitimate interest in his doings& his
affairs and his character& has become a public personage.
b. Those who have achieved some degree of reputation by appearing before the public&
as in the case of an actor& a professional baseball player& a pugilist& or any other
entertainer.
c. !ublic officers& famous inventors and explorers& war heroes and even ordinary
soldiers& infant prodigy.
d. #nyone who has arrived at a position where the public attention is focused upon him
as a person.
e. #n obscure private individual libeled by a columnist in a newspaper.
+<. Which of the following is not re%uisite of mista2e of fact?
aA That the act done would have been lawful had the facts been as the accused
believed them to be
bA That the intention of accused in doing the act should be lawful
cA That the resulting in*ury is due to the intentional act of the victim
dA That the mista2e must be without fault or carelessness on the part of the accused.
eA 5one of the above
/?. #nti$fencing :aw H!7 111I will apply only when the valuable articles proceed from what
crimes?
a. 8nly to proceeds of theft or robbery
b. 8nly to proceeds of estafa
c. #lso to proceeds of usurpation
d. #ll of the above
/1. !lunder $ )# 6?;? $ re%uires that the wealth amassed by a public officer amount to
a. 1?? million pesos
b. 6/ million pesos
c. /? million pesos
d. 1'? million pesos
/. # 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 !enal Code.
a. True
b. ,alse. The previous conviction need not be of a crime embraced within the same title
of the )evised !enal Code as the one for which the accused is on trial.
c. ,alse. # recidivist need not be convicted of the prior crime. Baving been previously
charged is sufficient.
d. ,alse. The conviction may either be final or not.
e. ,alse. The previous conviction must be by final *udgment.
/'. #ccessories to a crime are those who& with or without 2nowledge of the commission of the
crime& and without having participated therein& either as principals or accomplices& ta2e part
prior to its commission.
a. True
b. ,alse. #ccessories have 2nowledge of the crime and participate in commission
thereof.
c. ,alse. #ccessories must have 2nowledge of the crime and ta2e part only subse%uent
to its commission but not prior thereto in the manner described in the )evised !enal
Code.
d. ,alse. The statement more appropriately describes accomplices.
e. ,alse. #ccessories never ta2e part prior to or subse%uent to the commission of the
crime.
/+. # person under fifteen does not incur criminal liability because minority is a *ustifying
circumstance.
a. True
b. ,alse. 9inority is always a *ustifying circumstance whether or not the minor acted with
discernment.
c. ,alse. 9inority is a mitigating circumstance.
d. ,alse. 9inority is an exempting and not *ustifying circumstance.
e. ,alse. 9inority is never a circumstance affecting criminal liability.
//. #ny public officer who& shall appropriate public funds& or property or shall ta2e or
misappropriate or shall consent or through abandonment or negligence& shall permit any
other person to ta2e such public funds or property& wholly or partially& or shall be guilty of
malversation of public funds or property.
a. True
b. ,alse. The act described is illegal use of public funds or property.
c. ,alse. The crime is not committed through abandonment or negligence.
d. ,alse. The public officer should be one accountable for public funds or property.
e. ,alse. The crime is failure to render accounts of public funds or property.
/1. :ac2 of motive is indicative of the innocence of the accused.
a. True
b. ,alse& because motive is not a re%uisite of felonies committed by means of dolo.
c. ,alse because intent and motive are synonymous.
d. ,alse because motive being a mental process cannot be proven by evidence.
/6. J was present at the scene of the crime and witnessed 3 set fire to a house. J& however& did
not give alarm nor report to the authorities the commission of the crime. J is an accomplice
in the crime of arson.
a. True
b. ,alse& J is a principal by indispensable cooperation.
c. ,alse& because J 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. ,alse& because J is liable for the crime of failure to report commission of a felony.
/;. J and 3 after brea2ing the wall of the bodega through which they entered the same&
removed a sac2 of sugar from the pileK but they were caught in the act of ta2ing it out
through the opening on the wall. # and " are liable for consummated robbery.
a. True
b. ,alse& # and " are liable for attempted robbery only because the act of ta2ing out is
merely an overt act to commence the crime of robbery.
c. ,alse& # and " are liable for consummated trespass to dwelling.
d. ,alse& # and " are liable for attempted robbery because the failure to ta2e out the
sac2 was due to a cause other than the will of # and ".
/<. # shot "& but missed and instead hit and 2illed C. # is liable for the complex crime of
homicide and attempted homicide.
a. True
b. ,alse& # is liable for the crime of homicide only because " was not in*ured.
c. ,alse& # is liable for the crimes of illegal discharge of firearms and homicide.
d. ,alse& # is liable for the complex crime of attempted homicide and rec2less
imprudence resulting in homicide.
1?. 7odoy possessing only a student driver=s permit& found a par2ed car with the 2ey left in the
ignition. Be proceeded to drive it away& intending to sell it. Gust then Ting& the owner of the
car arrived. ,ailing to ma2e 7odoy stop& Ting boarded a taxi and pursued 7odoy& who in his
haste to escape& and because of his inexperience violently collided with a *eepney full of
passengers& one of whom was 2illed& the leg of another passenger was crushed and had to
be amputated. The car of Ting was damaged to the tune of ! /?&???. 7odoy is liable for the
crimes of carnapping& homicide and serious physical in*uries.
a. True
b. ,alse& 7odoy is liable for complex crime of carnapping with homicide because the two
offenses were the result of a single criminal impulse.
c. ,alse& 7odoy is liable for carnapping only but the penalty is to be imposed in its
maximum because a homicide which includes the serious physical in*ury was
committed on the occasion or by reason thereof.
d. ,alse& 7odoy is liable for the distinct felonies of carnapping& rec2less imprudence
resulting in serious physical in*uries& rec2less imprudence causing damage to
property and rec2less imprudence resulting in homicide.
11. J together with four individuals went to the house of ! with intent to 2ill. Cpon reaching the
house& the five of them aimed and fired at the bedroom of !. Bowever& ! was not in the room
as he was in another city. The five accused may be convicted of attempted murder.
a. True
b. ,alse& they may be convicted of the crime of illegal discharge of firearm.
c. ,alse& they are only liable for an impossible crime.
d. ,alse& they are liable for malicious mischief.
1. 7rawing or trying to draw a pistol from the waist is an overt act of homicide of the accused.
a. True
b. .t constitute attempted homicide
c. The act constitute attempted murder
d. ,alse& because it cannot be definitely concluded that the act will result into a concrete
offense.
1'. .n the crime of arson& it is necessary that the property be totally destroyed by fire.
a. True
b. ,alse. .t is consummated even if only a small portion of the wall or any part of the
house is burned.
c. ,alse. .f 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.
1+. The )evised !enal Code too2 effect on Ganuary '1& 1<'.
a. True
b. ,alse& Ganuary 1& 1<'+
c. ,alse& Ganuary 1& 1<'
d. ,alse& 8ctober '1& 1<'/
1/. # penal law is always prospective in its application
a. True
b. ,alse& it is retroactive
c. ,alse& it may be given retroactive effect if favorable to the accused who is not a
habitual delin%uent
d. ,alse& it is retroactive if the new law imposes a heavier penalty
11. ,elonies cannot be committed by omissions but only through overt acts.
a. True
b. ,alse& only external acts are punished.
c. ,alse& felonies are acts or omissions punishable by law.
d. ,alse& there is no criminal intent in omission.
16. )eclusion perpetua is a divisible penalty.
a. True
b. .t is an accessory penalty
c. .t is the same as life imprisonment
d. .t remains an indivisible penalty despite its duration
1;. Entrapment is an absolutory cause.
a. True
b. ,alse. .t is not a bar to the prosecution and conviction of the lawbrea2er because
consistent with public policy
c. .t 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 lawbrea2er
1<. Who among the following persons isLare not exempt from the operation of our criminal laws
by virtue of the public international law?
aA Sovereigns and other chiefs of state
bA Consults& >ice$Consuls& and other commercial representatives of foreign nations
cA #mbassadors& 9inisters plenipotentiary& ministers resident
dA Charges d= affaires
eA #ll of the above
6?. .nsanity or imbecility is a *ustifying circumstance for which the offender does not incur
criminal liability.
a. True
b. .nsanity or imbecility is an exempting circumstance
c. .t will mitigate the liability of the offender
d. .t is an alternative circumstance
61. .n arson& the aggravating circumstance that the crime be committed by means of fire is not
appropriate.
a. True
b. .t is considered to increase the penalty for the crime.
c. .t is not considered if not alleged in the information.
d. ,ire is not included by the law in defining arson.
6. .n 2idnapping for ransom& those who acted as runners or carriers in obtaining the ransom
money have no criminal liability.
a. True
b. They are considered accomplices.
c. They are accessories.
d. They are principals by direct participation.
6'. The duration of the penalty of prision mayor is six years to twelve years.
a. True
b. .t is six years and one day to twelve years.
c. .t is six months& one day to six years.
d. .t is one month to six months.
6+. The penalty for homicide is reclusion temporal. .f there are no modifying circumstances
present& the minimum of indeterminate penalty on the convict should be4
a. )eclusion temporal& medium period
b. Within the range of prision mayor to reclusion temporal& medium period.
c. !rision mayor& medium period.
d. The whole range of reclusion temporal.
6/. .n reiteration or habituality& it is enough that a final *udgment has been rendered in the first
offense.
a. True
b. The sentence have been served for the first offense.
c. There is *udgment rendered by the trial court for the first offense.
d. .t is the same as habitual delin%uency.
61. ,ilipinos and aliens owe the same allegiance to the !hilippines. ,ilipinos owe absolute and
un%ualified allegiance to the !hilippines.
a. "oth statements are true.
b. "oth statements are false.
c. The first statements is true and the second false.
d. The first statement is false and the second true.
66. #rbitrary detention is committed by
a. #ny public officers
b. Those whose official duties give them the authority to effect arrest and detain persons
c. !rivate individuals
6;. 9isprision of treason is
a. ,ailure of a citi0en to report as soon as possible a conspiracy& which comes to his
2nowledge& against the government.
b. Conspiracy to commit treason against the !hilippine (overnment.
c. #n accomplice to the crime of treason
d. !roposal to commit treason
6<. Cnder what instances is the crime of Trespass not committed?
a. !urpose of entry to dwelling is to prevent some serious harm to the person entering&
the occupants or third persons.
b. !urpose of entry is to render some aid to humanity or *ustice.
c. !laces entered are cafes& taverns& inns and similar places while they are open
d. # and " only.
e. " and c only.
f. #ll of the above
;?. What crime in the )evised !enal Code has the same penalty whether committed
intentionally or negligently?
a. 9alversation
b. Estafa
c. ,alsification
d. .llegal Exaction
e. 5one of the above
;1. What different crimes can arise from intimidation?
a. )obbery& 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 personalK or serious enough.
d. #ll of the above
;. What crimes is not committed only by dolo?
a. 9alicious mischief
b. Estafa
c. 9utilation
d. .ntentional abortion
e. Cnintentional abortion
;'. 7efamation excludes4
a. slander
b. libel
c. slander by deed
d. incriminating innocent persons
e. malicious prosecution
f. intriguing against honor
;+. What principle does not apply to imprudence
a. Complex crime
b. Subsidiary penalty
c. 9odifying circumstances
d. Three$fold rule
e. !arole and probation
;/. >iolations of dangerous drugs act is
a. 5ow a mala in se
b. Still malum prohibitum
c. !unished as a crime under the )evised !enal Code
d. 5ot committed thru dolo
;1. .f an offender is apprehended possessing more than the %uantity of drugs sold& he shall
liable for4
a. illegal possession of dangerous drugs
b. unlawful sale of dangerous drugs
c. compound crime of illegal possession and use of dangerous drugs
d. complex crime of illegal possession of prohibited and regulated drugs
e. two separate crimes of illegal possession of dangerous drugs and illegal sale of
dangerous drugs
;6. 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 ris2 to himself arising from the defense which the
offended party might ma2e.
a. True
b. ,alse because treachery refers to the evil intent and not the means to commit a
crime.
c. ,alse because treachery refers also to the use of craft or disguise in the commission
of a crime.
d. ,alse because treachery applies only to crimes against persons and property.
e. ,alse because treachery applies only to crimes against persons.
;;. 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. ,alse. 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. ,alse. The period of prescription shall be interrupted by the filing of the complaint or
information and not by the arrest of the offender.
d. ,alse. The period of prescription commences for the reason stated in letter " and
interrupted for the cause adduced in letter C.
e. ,alse& none of the reasons mentioned in the preceding choices is correct.
;<. 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.
a. True
b. ,alse. The duration shall be from six months to six years and one day.
c. The duration shall be from six months and one day to six years and one day.
d. ,alse. When suspension is imposed as an accessory penalty& the duration is six
months and one day to six years.
e. ,alse. When suspension is imposed as an accessory penalty& the duration is six
months and one day to six years.
<?. The accused shall not be convicted for treason except on the testimony of an eyewitness to
the same overt act.
a. True.
b. ,alse& two witnesses are re%uired
c. ,alse& because the witness need not be an eyewitness.
d. ,alse& because the act need not be overt.
<1. The crime of rebellion re%uires that the criminal act was done in furtherance of political
motivation or purpose.
a. True.
b. ,alse& the motivation may be social.
c. ,alse& the crime committed is sedition.
d. ,alse& the act does not need to be criminal.
<. There are two ways of committing direct assault4 by employing force or intimidation for the
attainment of any of the purposes of rebellion and sedition& and by attac2ing or seriously
intimidating a person in authority or his agents.
a. True.
b. ,alse& direct assault is committed only by laying hands or attac2ing a person in
authority or his agents.
c. ,alse& the crime committed is indirect assault.
d. ,alse& there is only one way of committing direct assault.
<'. 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 andLor
death.
a. .ndirect bribery
b. Fualified bribery
c. 7irect bribery
d. Corruption of public officers
<+. This is a moc2 serenade where the offender actually disturbs the peace by using cans&
pans& utensils& etc. and constitutes the crime of alarms and scandal.
a. .ndecent exposure
b. !ublic disorder
c. Charivari
d. 9isdemeanor
</. When the person granted conditional pardon by the !resident violates the conditions of his
pardon& he shall be returned to prison and shall serve the remaining penalty if the same
exceeds MMMMMMMMMMM years.
a. /
b. +
c. 6
d. 1
<1. The sub*ect matter of the crime of MMMMMMMMMMMMM is altering or falsifying treasury or ban2
note or any instrument payable to bearer or to order.
a. ,alsification
b. ,orgery
c. ,alse testimony
d. !er*ury
<6. The deliberate assertion of falsehood in a material matter in per*ury must be contained in an
affidavit and re%uired by law to be under oath.
a. True.
b. ,alse& the document need not be sworn to.
c. ,alse& oath need not be re%uired by law.
d. ,alse& the assertion may be any matter.
<;. >iolations of the dangerous drugs law shall dis%ualify the offender from availing of4
a. .ndeterminate Sentence :aw
b. !robation
c. Three fold rule
d. !arole
e. !lea bargaining
<<. MMMMMMMMMMMMMMMMMMM is committed by a public officer who amasses ill gotten wealth thru
a series or combination of prohibited acts in the total amount of MMMMMMMMMMMMMM pesos.
a. Fualified bribery and /? million
b. 7irect bribery and ? million
c. 9alversation and 6/ million
d. !lunder and /? million
1??. The crime of cattle rustling is malum MMMMMMMMMMMMM for being a mere amendment of the
provision on %ualified theft& whereas the crime of carnapping is still malum MMMMMMMMMMMM
although an amendment of the same provision on %ualified theft.
a. !rohibitum and in se
b. .n se and prohibitum
c. "oth prohibitum
d. "oth in se
1?1. The crime of MMMMMMMMMMMMMMM 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. 9alicious mischief
d. (rave coercion
e. # and "

1?. MMMMMMMMMMMMMMMMMMM 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. .ntimidation
b. ,raudulent machination
c. 7eceit
d. Chicanery
1?'. MMMMMMMMMMMMMMM abortion cannot be committed by the woman herself because it
re%uires infliction of violence against her person.
a. .ntentional
b. Cnintentional
c. "oth
d. culpable
1?+. The nature of the relationship of the offender and the victim in parricide must be by blood&
legitimate and MMMMMMMMMMMMMMMMMM.
a. #scending line
b. 7irect line
c. Collateral
d. 7escending line
1?/. Though the offender is the parent& if the victim of the 2illing is a child less than three days
old& the crime is MMMMMMMMMMMMMMMM.
a. !arricide
b. .nfanticide
c. #bortion
d. 9urder
1?1. Bomicide is the 2illing of any person which does not constitute parricide& murder or
infanticide and is not MMMMMMMMMMMMMMMMM.
a. .ntentional
b. Gustified
c. #ccidental
d. Suicide
1?6. .llegal possession of firearm is committed provided that4
a. 5o other crime is committed
b. 9urder or homicide is committed
c. The crime is rebellion& sedition and attempted coup
d. .t is high powered
1?;. The indispensable elements of death caused in a tumultuous affray are4 the persons
involved in the affray are not MMMMMMMMMMMMMMM for the purpose of assaulting and
attac2ing each other& and that the ones who actually 2illed or inflicted serious in*ury to the
deceased cannot be MMMMMMMMMMMMMMMMM.
a. 8rgani0ed and identified
b. Cnorgani0ed and unidentifiable
c. 8rgani0ed and participants in the affray.
d. Cnorgani0ed and participants in the affray.
1?<. .n the crime of illegal discharge of firearm it is necessary that the firearm be discharged at
another but without MMMMMMMMMMMMMMMMM.
a. "ullets
b. .ntent to 2ill
c. Bitting the victim
d. Nilling the victim
11?. When there is no in*ury but pain is caused to the victim& the crime is MMMMMMMMMMMMMMMM.
a. .ll$treatment or maltreatment
b. Slight physical in*uries
c. 9alicious mischief
d. Cn*ust vexation
111. MMMMMMMMMMMMMMMMMMM is not an element of 2idnapping& hence& the crime can be
committed even without such& but when demanded& the crime becomes 2idnapping and
serious illegal detention and the penalty shall be death.
a. )ansom
b. 7eprivation of liberty
c. Coercion
d. Threat
11. The distinction between 2idnapping with rape and forcible abduction with rape is the
presence or absence of MMMMMMMMMMMMMMMMM.
a. Ta2ing
b. .ntent to rape
c. :ewd designs
d. :ascivious conduct
11'. Nidnapping of a minor cannot be committed by his parents as expressly provided for in
#rticle 16.
a. True
b. ,alse& it can be committed when the parents are separated legally.
c. ,alse& the child can be adult.
d. ,alse& the child must be a woman.
11+. The distinction between estafa and malversation is that in estafa committed by public
officers& the offender is not4
a. # treasurer
b. #n accountable public officer
c. #n administrator of funds
d. # disbursing officer
11/. Bighway robbery is different from robbery committed in a highway in that in the former the
victim is not4
a. !reconceived.
b. #rbitrary.
c. .ndiscriminate.
d. .solated.
111. 9alicious mischief is destruction of property which is not MMMMMMMMMMMMMMM and the means
used is not MMMMMMMMMMMMMMMM.
a. 9ail matter and by tearing
b. 7welling and occupation
c. :arge cattle and fire
d. >ehicle and carnapping
116. Status crimes refers only to4
a. Crimes committed by minors
b. Crimes committed by adults
c. Crimes committed by males
d. Crimes committed by females
11;. Guveniles who commit crimes are classified into4
a. Children in conflict with the law
b. Children at ris2
c. "oth # and "
d. 8ver 1/ and under 1;
11<. Suspension of sentence is available to a minor delin%uent
a. .f he acted with discernment
b. .f he agreed to a diversion program
c. .f he is still a minor when sentence is promulgated
d. Even if he is no longer a minor when sentence is promulgated
1?. When the crime committed by the convict is penali0ed with death.
a. The penalty shall be reduced to reclusion perpetua
b. The penalty shall be suspended
c. The convict shall be given reprieve
d. The penalty shall be life imprisonment
e. The penalty shall be either reclusion perpetua or death penalty depending upon
whether the law violated is penali0ed under the revised penal code or special law
not using the nomenclatures under the revised penal code.
11. 8ver what offenses are persons below 1; years exempt from criminal prosecution?
a. >agrancy and prostitution under #rticle ? ?f the )evised !enal Code
b. 9endicancy under !.7 5o. /1'
c. Sniffing of rugby under !.7. 5o. 111<
d. #ll of the above such prosecution being inconsistent with the Cnited Convention on
the )ights of the Child
1. 9ay 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. 3es& since it is only the cause of death& which has charged or subse%uently
discovered the crime is still homicide.
c. 3es& because there is no such re%uirement of law for conviction
1'. 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. 8nly # is correct
d. # and " are correct
1+. 9ay a convict who appealed his conviction still be %ualified for probation?
a. 3es& there is no prohibition provided by law.
b. 3es especially if an appeal is ta2en solely to reduce the penalty @in order to %ualify
for probationA.
c. 5o& Section + of the !robation :aw clearly mandates that no application for probation
shall be entertained or granted if the defendant has perfected the appeal from the
*udgment of conviction.
1/. What damages are recoverable from death arising from the commission of crime?
a. Civil indemnity ex delicto and actual damages
b. 9oral and exemplary damages
c. #ttorney=s fees& expenses of litigation and interest in proper cases
d. #ll of the above
11. 9ay moral damages be additionally awarded in case of rape or acts of lasciviousness
without need of proof?
a. 3es& it is assumed that the victims suffered damages.
b. 3es& because it is the proper thing to do
c. 5o& because it is indispensable that damages suffered must be proved.
16. Which of the following Statements is true?
a. The reviewing tribunals cannot correct errors which are unassigned in the appeal.
b. #n 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. "oth " and C are correct
1;. Which of the following is a correct statement?
a. 9otive is generally held to be immaterial because it is not an element of the crime.
b. 9otive becomes important when the evidence on the commission of the crime is
purely circumstantial or inconclusive.
c. 8nly # is correct.
d. "oth statements are correct.
1<. What is not an ob*ective of !robation law?
a. To promote correction and rehabilitation of the offender by giving him individuali0ed
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 *ails
1'?. The following are the other 2inds of plurality of crimes where a single penalty is imposed.
Which is not included?
a. Composite crimes or special complex crimes
b. Continued crime or delito continuado
c. Continuing crimes or transitory crimes
d. Simple crime
1'1. What is the effect when one of the crimes in information charging complex crimes is not
proved?
a. Be will not be convicted of any crime
b. The accused can be convicted of the other.
c. The case will be dismissed
1'. When may the employer=s subsidiary civil liability be enforced?
a. When the *udgment of conviction becomes final
b. When the *udgment of conviction is rendered
c. When the convicted employee is insolvent
d. When the *udgment of conviction becomes final and convicted employee is insolvent
1''. .s verbal notice of dishonor sufficient in ".!. cases?
a. 3es& a mere oral notice or demand to pay would appear to be sufficient for conviction
under the law.
b. 5o& the notice of dishonor must be in writing& a verbal notice is not enough.
c. #nswer not given
1'+. .f the drawer or ma2er is an officer of the corporation is notice of dishonor to said
corporation sufficient?
a. 5o& the notice of dishonor to the said corporation is not notice to the employee or
officer who drew or issued the chec2 for and in its behalf.
b. 3es& the demand on the corporation constitutes demand on the officer or employee.
c. 3es& constructive notice to the corporation is enough to satisfy due process.
1'/. 9ay the principle of delicto continuado be applied to special law?
a. 5o& unless the special law so provides.
b. 3es& since under #rticle 1? of the )evised !enal Code& the Code shall be
supplementary to special laws.
c. 5o& it strictly applies to crimes punished by the )evised !enal Code&
1'1. Which of the following is a continuing crime?
a. )ebellion& insurrection and conspiracy and proposal to commit such crimes
b. S%uatting and violation of "!
c. 5one of the above
d. #ll of the above
1'6. Which of the following statement is ,#:SE?
a. !robation is a mere privilege not a right
b. .ts benefits can extend to those expressly excluded
c. !robation 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.
1';. The following are the causes of partial extinction of criminal liabilities. Which is excluded?
a. Conditional pardon
b. Commutation of sentence
c. (ood conduct allowance
d. #bsolute pardon
1'<. Who owes allegiance to the !hilippines?
a. # citi0en or sub*ect who owes permanent allegiance
b. # foreigner who owes temporary allegiance
c. 8nly government employees
d. "oth # and "
1+?. Who are the persons authori0ed by law to expel or compel persons to change abode?
a. !eople from 5". and "ureau of Customs
b. 8nly the president of the !hilippines and the courts after final *udgment sentencing
the accused to destierro or as a condition in his probation
c. "oth # and "
d. #nswers not given
1+1. Can direct assault be committed during rebellion or sedition?
a. 3es& otherwise offenders will be freed from liability
b. 5o& because direct assault re%uires that there should be no public uprisings.
c. 3es& there is no %ualification in the law.
d. #nswer not given
1+. What variant crimes can arise from discharge of fire arms?
a. #larms and scandals
b. Threat
c. (rave coercion
d. #ll of the above
e. 5one of the above
1+'. Who is the offender in #rticle 1/1 or delivery of !risoner from *ail?
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. #ny policemen
1++. .s good faith a defense in falsification?
a. 3es& there is no falsification of a public document if the acts of the accused are
consistent with good faith
b. 3es& as a liberal interpretation of criminal law in favor of the accused
c. 5o& since misstatements or erroneous assertions in a public document will give rise
to falsification even if it is made in good faith.
1+/. Will the use of another name in a particular instance constitute use of an alias?
a. 3es& since the law does not distinguish
b. 5o& as an application of the doctrine that criminal laws shall be interpreted in favor of
the accused
c. 5o& 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
2nown by this name in addition to his real name from that day forth does not fall
within the prohibition contained in C# 5o. 1+.
1+1. Which of the following is not true regarding the significant changes brought about by ).#
<11/ or the Comprehensive 7angerous 7rugs #ct of ??
a. The penalty is no longer based on the %uantity 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 )evised !enal Code were deleted from the law.
c. Cse of 7angerous 7rugs under Section 1/ now does not have graduated penalty
1+6. .s the plunder law void for being vague?
a. 5o& since it contains ascertainable standards and well defined parameters which
would enable the accused to determine the nature of his violation
b. 3es& since there are some unexplained terms
c. 3es& since it did not explain difficult words used.
1+;. What 2ind of crime is !lunder?
a. 9alum !rohibitum since it is covered by special law
b. 9alum in se because the legislative declarations in )# 61/< that plunder is a
heinous offense implies that it is a malum in se.
c. #nswer not given
1+<. Which of the following is T)CE?
a. !reventive suspension is a penalty
b. !reventive suspension is a result of *udicial proceeding
c. .f ac%uitted& the official concerned shall be entitled to reinstatement and to the
salaries and benefits which he failed to received during the suspension
1/?. .n 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. 5o& that will violate his right to information of the nature of the charge against him
b. 3es& the same can be proved even during the trial.
c. 3es& since the same is not re%uired by law.
1/1.:egislative acts which prohibit certain acts and establish penalties for their violations are
a. !enal laws
b. Contained in the )evised !enal Code
c. !ublic laws
d. )emedial laws
e. Substantive laws
1/. The following cannot have retroactive application4
a. :aw which ma2es the penalty for offenses heavier than when committed
b. :aw which alter the rules of evidence so as to ma2e 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.
1/'. .t 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. !ositivist theory
b. Classical Theory
c. Ecclectic Theory
d. Guristic Theory
e. Ctilitarian Theory

1/+. Crimes mala prohibita are4
a. (enerally embodied in the )evised !enal Code
b. !unishable with life imprisonment and never with reclusion perpetua
c. #lways wrong acts hence should be penali0ed
d. (enerally not re%uired to be attended by malice and evil intent
e. Beinous crimes
1//. Cnder the positivist or realistic theory& the penalty to be imposed on the convict should be
a. ,or the purpose of reforming the convict
b. Should be e%ual to the crime committed without regard to the personal attribute of
the offender
c. !redetermined on the basis of the gravity of the offense
d. 5ot mitigated by the factors li2e the social and behavioral environment of the convict
1/1. 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 %ualifying circumstance
1/6. Gustifying and exempting circumstances allow the actor to escape criminal liabilities. #side
from these circumstances& other factors li2ewise prevent the incarceration of a wrongdoer
except for4
a. !robation
b. #bsolutory cause
c. 9ista2e of fact
d. #bsolute pardon
e. #mnesty
f. .ndeterminate Sentence :aw
1/;. Sufficient provocation as an element of self defense and as a mitigating circumstance are
differentiated as follows4

a. #s an element of self defense& there must be sufficient provocation on the part of the
offended party
b. #s a mitigating circumstance& sufficient provocation must come from the offender
c. #s an element of self defense& there must be no provocation on the part of the
offended
d. #s a mitigating circumstance& there must be sufficient provocation on the part of the
offended partyK the exact opposite must obtain in self defense
e. Sufficient provocation in either case must be absolutely lac2ing
1/<. !ursuant to ).#. 5o. <'++& a minor less than 1; years old can be absolutely exempt from
criminal liability
a. .f he acted without discernment although he is 16 years old
b. .f the minor committed an offense which is victimless
c. .f the minor is mentally retarded
d. .f the minor admits his crime voluntarily
e. .f the offended party pardons the minor
11?. "ecause crimes re%uire criminal intent& the act is not criminal
a. When the mind is not criminal
b. When the crime is malum prohibitum
c. .f the offender is illiterate
d. When the offender acted negligently
e. When the offender is suffering from schi0ophrenia
111. 9otive is not relevant in the following cases except4
a. When the identity of the accused is certain.
b. When direct evidence in the case obtains.
c. When the act brings about variant crimes
d. When credible eye witnesses point to the accused as the offender
11. The following statement on the relationship between the )evised !enal Code and special
penal laws are true4
a. The )evised !enal 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 sub*ect to the provisions of the
)evised !enal Code
c. The )evised !enal Code shall have suppletory effect on special penal laws when it
uses the nomenclature of penalties under the former.
d. The )evised !enal Code shall have suppletory effect on special penal laws when the
court is given discretion in the application of penalties.
11'. Which of the following is not true4
#rmed men who participate in the commission of a felony4
a. #re principal offenders when they are members of a band
b. #re accomplices when they aid the principal offender in the commission of a felony
c. Bave greater criminal liability for being members of organi0ed crime syndicate
formed for the commission of crimes for economic gains
d. #re liable for robbery with homicide %ualified by band pursuant to #rticle <+
subdivision 1 in relation to #rticles </ and <1 of the )evised !enal Code
11+. !enalties under the )evised !enal 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. "oth 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. "oth 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
11/. Babitual delin%uency and recidivism are similar in that4
a. "oth are generic aggravating circumstance
b. "oth increase the penalty to the maximum period
c. "oth re%uire the commission of the same offense at least thrice
d. They re%uire the commission of felonies in the same title such as robbery and estafa
under Crimes against !roperty and serious and less serious physical in*uries under
Crimes against !ersons
111. Special complex crimes and complex crimes may be compared as follows4

a. Special complex crimes are especially provided for under "oo2 .. of the )evised
!enal Code by specifying the crimes composing the indivisible felony and the penalty
thereforK #rticle +; 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. "oth specie of crimes can be committed by negligence
c. .n special complex crimes when one of the composite crime is not proved& the
accused cannot be convicted of the other
d. .n complex crimes& the DexcessE crimes committed are absorbed so that forcible
abduction with multiple rapes constitute only one offense
116. Which of the following is not a re%uirement for the employer to be civilly liable for the crime
of his employee?
a. The *udgment of conviction must be final and executory
b. The employer$employee relationship is proved
c. The convict is insolvent
d. # hearing for the purpose of determining whether or not the employer is civilly liable
has been held
11;. The rule which allow a crime to be committed without criminal intent is called4
a. )es ipsa lo%uitor
b. #ctus non facit reum nisin mens sit rea
c. Fuid pro %uo
d. Ex post facto
e. 9alum prohibitum
11<. # crime committed outside the !hilippine territory is not triable in the !hilippines because
!hilippine criminal law
a. #dheres to the generality principle
b. !rohibits retroactive application of penal law
c. .s sub*ect to treaties and laws of preferential character
d. Subscribes to the law of nations
e. .s territorial in character
16?. The death penalty cannot be imposed on a accused who committed a heinous crime
because
a. Congress has enacted ).#. <'+1 which prohibits its imposition
b. The !hilippine Constitution prohibits its imposition
c. 7eath penalty is inhuman
d. The !hilippine is a part of Christendom
e. !hilippine *udicial system is defective
161. What is the effect of ).#. <'+1 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 perpetuaA for ).#. <'+1 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 ).#. <'+1 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 #rticle 61 @graduation of penaltiesA in relation to #rticle
11 @rules for graduating penaltiesA.
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.
16. Self defense is a *ustifying circumstance whereas accident is an exempting circumstance
a. The statement is true because the act of the actor is legal
b. The statement is false because accident is a *ustifying circumstance
c. The statement is false because self defense is a mitigating circumstance
d. The statement is false because both are alternative circumstances
e. The statement is true because #rticles 11 and 1 respectively provides so
16'. The phrase aggravating circumstance can have both liberal and strict construction& thus4
a. #ggravating circumstance is strictly construed if the crime committed is against
persons
b. .t is liberally construed if the crime committed is against property
c. .t is strictly construed if it will raise the penalty to death and conse%uently shall only
be exclusively ta2en from #rticle 1+
d. .t is liberally construed to include all 2inds of aggravating circumstance
16+. Which of the following isLare granted in addition to the civil indemnities granted to the victim
of a crime andLor his heirs when such is attended by %ualifying circumstances4
a. .ndemnity for the mere fact of commission of crime such as rape or 2illing
b. :oss of earning capacity of the victim in case of 2illing
c. #ctual damages such as hospitali0ation and funeral expenses
d. Support to those who are not compulsory heirs of the victim whom he is obliged
to support for not more than five years
e. 9oral and exemplary damages to the victim andLor his heirs for moral suffering
caused by the crime
16/. 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. ,alse because that will violate the constitutional proscription on double *eopardy
c. True because his act is contrary to morality
d. ,alse 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.
161. 8ne of the following is not entitled to the benefits of .ndeterminate Sentence :aw
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 #rticle 1' of the )evised !enal Code
d. )ecidivist and those on parole
e. Babitual delin%uents
166. Which of the following statement is true as regards the .ndeterminate Sentence :aw @.S:A
and !robation :aw @!:A
a. !robation is a privilege whereas .S: is mandatory
b. .S: does not re%uire imprisonment for the convict whereas !: does
c. .S: dis%ualifies second time offenders which is not true with the !:
d. .S: is available even if the penalty is fine only whereas !: is for prison sentence
only
e. Babitual delin%uents are not dis%ualified for both !: and .S:
16;. Fualifying circumstance for murder not pleaded but proved is considered as generic
aggravating
a. The statement is true due to the amendment in the )evised )ules of Court
b. The statement is false because this is pre*udicial 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 )evised !enal Code which made
the amendment
e. The statement is true but not because of the amendment of the )evised )ules of
Court
16<. There are four 2inds of aggravating circumstances. 8ne of them is
a. 8rgani0ed crime syndicate
b. 8rdinary circumstance
c. Fualifying circumstance
d. !rivileged circumstance
1;?. !rior to ).#. <'+1& there are how many ways of imposing the death penalty?
a. 8nly one& for heinous crimes under ).#. 61/<& the death penalty law
b. Three ways& Cnder ).#. 61/<& under the )evised !enal Code and under other
special laws
c. ,our ways& under the three in letter @bA above& and under the Constitution
d. 5o way& for the !resident 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 ).#. 61/< or thru the
ranged penalty of reclusion perpetua to death under the )evised !enal Code
1;1. 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 follows4
a. The *udge 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 *udge 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 + and impose on the convict
whatever is the result of such.
1;. # complex penalty is
a. The penalty on the person guilty of a complex crime
b. # 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
1;'. Cnder ).#. <'++& the minor in conflict with the law who is ad*udged criminally liable can
avail of suspended sentence
a. .f he acted with discernment
b. .f he agreed to a diversion program
c. .f he is still a minor when his sentence is promulgated
d. Even if he is no longer a minor when his sentence is promulgated
1;+. Status offenses refers only to4
a. Crimes committed by minors
b. Crimes committed by adults
c. Crimes committed by males
d. Crimes committed by females
e. There is no such crime
1;/. )obbery with serious physical in*uries re%uires that the in*ury inflicted be one that is
punished under4
a. #rticle 1+ on serious physical in*ury by administering in*urious substances
b. #rticle 1' on serious physical in*ury by wounding& beating or assaulting
c. #rticle 1/ on less serious physical in*ury
d. #rticle 1 on mutilation
e. #rticle 1/ on slight physical in*ury
1;1. Theft is %ualified when4
a. There is abuse of confidence or ta2ing advantage of the occasion of calamity
b. What is ta2en is official document
c. The thing ta2en is mina bird or other endangered species
d. The offender is a cler2 of a trading company
e. The thieves are armed with unlicensed firearm
1;6. !ossession or use of unlicensed firearm shall have the following effects except for one4
a. .t shall be absorbed in the commission of rebellion& insurreccion& sedition& attempted
coup d=etat
b. .t shall aggravate the crime of homicide or murder
c. .t shall not be charged as a crime if any other crime involving such licensed firearm is
committed
d. .t shall be aggravated by the fact that the offender is under the influence of drugs.
e. .t shall aggravate the crime of robbery with homicide.
1;;. Custodial investigation re%uires that the in%uiry by peace officers shall be inculpatory
against the
a. Sub*ect of criminal investigation
b. Suspect in the commission of a crime
c. #ccused in a criminal case
d. 7etention prisoner
e. ,ugitive from *ustice
1;<. When acts of violence by the offender hastened the death of a person who has a lingering
heart ailment4
a. The offender shall be liable for serious physical in*uries
b. The offender shall be liable for rec2less 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 attac2 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
1<?. >oluntariness as an element of a felony is true only when the crime is4
a. dolo by performing an act with deliberate intent
b. dolo by omitting to perform an act re%uired by law
c. culpa
d. a malum prohibitum
e. all 2inds of crime where the offender has intelligence and freedom of action
f.
1<1. The following is not a heinous crime4
a. Fualified piracy and %ualified mutiny
b. Bighway robbery where the victim is 2illed
c. .ncestuous rape of a child under 1;
d. )obbery with homicide
e. 7estructive arson resulting to homicide
1<. The following crimes preclude the filing of a separate charge for the second offense
committed in the course or as a result of such crimes4
a. >iolation of domicile when the warrant of arrest was obtained maliciously
b. #bandonment of a child under 6 years old when the child suffers physical in*ury as
result.
c. "ribery 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. ,alsification of private document to facilitate the commission of estafa
1<'. # child at ris2 is one who4
a. Committed an intentional felony
b. Was raised in a family of drug traffic2ers
c. .s under 1/ yrs of age
d. .s over 1/ but under 1; who committed a crime
e. .s raised in a dysfunctional environment andLor household which ma2es him prone to
commit a crime
1<+. !iracy under the )evised !enal Code and piracy under !.7. /' are both good laws and
co$existing independently. The distinction between the two is mainly that4
a. Cnder the )!C& piracy is triable only in the !hilippines whereas under !.7. /'& it is
triable by any country.
b. The )!C recogni0es that piracy can be committed by any person even if members of
the complement or passengerK in !.7. /' it is committed only by the complement of
the vessel.
c. !.7. /' declares that the offense can be committed by any person even if members
of the complement or passenger in !hilippine waters. .n the )!C it should be
committed by those who are not members of the complement or passenger in
!hilippine waters or in the high seas.
d. !.7. /' ma2es the act punishable if committed in any body of water whereas )!C
ma2es it punishable if committed in !hilippine waters only.
1</. "etween acts of lasciviousness and attempted rape& the distinction is
a. .n the intent to penetrate the female organ and offender actually commenced to force
his penis into the complainant=s sexual organ to ma2e a case of attempted rape
b. .n 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. #8: can be against both male and female whereas attempted rape can only be
against a female
d. .n attempted rape the victim can be under 1 whereas in #8: the victim should
always be over 1
1<1. "etween consented acts of lasciviousness and acts of lasciviousness4
a. #8: can be against male or female and the age does not matter as long as it is
under circumstances of rape
b. Consented #8: can be both against male or females and under circumstances of
seduction
c. Consented #8: re%uires that the offended be over 1 but under 1; and committed
under circumstances of rape
d. #8: can only be against a female who should be over 1 but under 1;
e. #8: can be both against male and female who should be over 1 but under 1;
1<6. To what component of criminal law is express and implied repeal relevant?
a. Territoriality
b. (enerality
c. .rretrospectivity
d. "ill of attainder
e. E%ual protection of the law
1<;. Which of the following cannot be committed by culpa?
a. #rson
b. .ntentional abortion& malicious mischief& estafa and mutilation
c. Bomicide
d. Serious physical in*uries
1<<. "etween grave threat @(TA and grave coercion @(CA& the difference is4
a. .n (T& the wrong threatened is future and conditional whereas in (C it is direct&
immediate and personal
b. .n (T& the wrong threatened is always a crime which is not so in (C
c. .n (T& there is always a condition which is not so in (C
d. (T cannot be done by means of an intermediary or in writing whereas (C can be
e. (T allows the court to impose bond to 2eep the peace which is not available in (C
??. .f a person tested positive for drug use and is also in possession of drugs sold& he shall
liable for4
a. Separate crimes of illegal possession and use of dangerous drugs
b. Cse of dangerous drugs only and illegal possession is absorbed
c. Compound crime of illegal possession and use of dangerous drugs
d. Complex crime of illegal possession of prohibited and regulated drugs
e. .llegal possession of dangerous drugs only
?1. "etween robbery with violence against or intimidation of person @>#.!A and robbery with
force upon things @,CTA& the difference lies in that4
a. The penalty for robbery with >#.! is based on the result of the force& violence or
intimidation employed whereas in robbery with ,CT& the penalty is based on the
value of the thing ta2en
b. When both >#.! and ,CT are present in the robbery& the penalty shall be always for
the robbery with >#.! notwithstanding that the penalty for the robbery with ,CT
would have been higher
c. )obbery with ,CT is always committed in a dwelling whereas with >#.! can be
committed in a highway
d. .n robbery with ,CT& the penalty is always lesser than in robbery with >#.!
?. .n the crime of libel& truth of the imputation is not a defense if4
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
*ustifiable ends in ma2ing the imputation
d. The offended party is a private person and the offender has not shown good motives
and *ustifiable ends in ma2ing the imputation
?'. The Drule of actual maliceE in libel re%uires that4
a. The statement must be made wi th actual mal ice O that i s& wi th 2nowl edge
that it was false or wi th rec2l ess di sregard of whether it was false or not
b. # rule placing on the accused the burden of showing the truth of allegations of official
misconduct andLor good motives and *ustifiable ends for ma2ing such allegations
c. The statement should not be absolutely privileged statement
d. The statement should not be made in a *udicial or parliamentary proceeding
?+. The #nti$fencing :aw H!7 111I covers4
a. !roceeds of theft or robbery only
b. !roceeds of estafa and syndicated crimes only
c. #lso proceeds usurpation
d. The fruit of all crimes involving gain to the offender
ANSWER KEY IN CRIMINAL LAW
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