MUTIPLE CHOICE QUESTIONS IN CRIMINAL LAW

1. Which among the following is not included in civil interdiction criminally liable for felonies? a. b. c. d. e. 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

2. A minor 9 or under is a. b. c. d. Absolutely exempt from criminal liability Relatively exempt from criminal liability Enjoys privileged mitigating circumstance Extenuating circumstance

3. Which of the following is not an accessory penalty? a. b. c. d. e. Suspension from public offices, profession or right of suffrage Civil interdiction Indemnification Payment of costs Perpetual or temporary absolute disqualification

4. 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

5. 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 6. 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

7. 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.

8. In light felonies the following are criminally liable a. b. c. d. Principal only Accomplices only Accessories only Principal and Accomplices only.

9. 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

10. 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

11. An ordinary mitigating circumstance reduces the penalty only to the a. b. c. d. Minimum Period Degree Indeterminate Sentence Law Probation Law

12. 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

13. What component of criminal law is express and implied repeal relevant? a. b. c. d. Territoriality Generality Irretrospectivity Bill of attainder

14. Preventive imprisonment is a. b. c. d. e. Not a penalty A principal penalty Subsidiary penalty Remedial measure Accessory penalty

15. 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

16. 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

17. 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 18. Impossible crime is punished only when the crime is a. b. c. d. Consummated Frustrated Attempted Voluntary

19. 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 20. 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

21. Judicial authority in Article 125 of the Revised Penal Code refers to: 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
a.

22. How is the crime of coup detat committed?

a.

b. c. d. e.

By a swift attack accompanied by violence, intimidation, threat, strategy or stealth 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

23. What are the ways of committing the crime of illegal assembly?
a. b.

c. d. e.

Gathering of persons any or some of whom are armed for unlawful purpose under the Code. 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. Formation of an unlawful association A and B B and C

24. What are elements of perjury?

a. b. c. d. e. f. g.

There must be testimony or a statement (affidavit) made under oath The oath must be administered by an officer competent to do so because it is essential that the oath be valid. The witness-affiant must have made willful or deliberate assertion of falsehood on a material matter-subject of inquiry in that case. 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. All of the above concurring A, B and C only B, C and D only

25. Indirect bribery is committed by: A public officer who will do an act in consideration of what he will receive. 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.
a. b.

26. 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

27. 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 28. Who is not a public figure? He 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.
a.

Public officers, famous inventors and explorers, war heroes and even ordinary soldiers, infant prodigy. d. Anyone who has arrived at a position where the public attention is focused upon him as a person. e. An obscure private individual libeled by a columnist in a newspaper.
c.

29. 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 30. 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

31. 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

32. 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. True 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.
a. b.

33. 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. True 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.
a. b.

34. A person under fifteen does not incur criminal liability because minority is a justifying circumstance.
a.

True

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.
b.

35. 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.

36. 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.

37. 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. True False, X is a principal by indispensable cooperation. 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.
a. b. c.

38. 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. True 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.
a. b.

39. 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.

40. Dodoy possessing only a student drivers 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. True 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.
a. b.

41. 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.

42. 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.

43. In the crime of arson, it is necessary that the property be totally destroyed by fire. True 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.
a. b.

44. 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

45. A penal law is always prospective in its application True False, it is retroactive 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
a. b. c.

46. Felonies cannot be committed by omissions but only through overt acts.
a. b. c.

True False, only external acts are punished. False, felonies are acts or omissions punishable by law.

d.

False, there is no criminal intent in omission.

47. 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

48. Entrapment is an absolutory cause. True 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
a. b.

49. 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

50. 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

ANSWER KEYS IN CRIMINAL LAW

1. E 2. A 3. C 4. D 5. C 6. C 7. E 8. D 9. B 10. A 11. A 12. B 13. C 14. A 15. C 16. B 17. B 18. A 19. B

20. C 21. D 22. D 23. D 24. E 25. E 26. A 27. D 28. E 29. C 30. A 31 .C 32. E 33. C 34. D 35. D 36. B 37. C 38. D 39. A 40. C 41. C 42. D 43. B 44. C 45. C 46. C 47. D 48. B 49. B 50. B