PRELIM EXAM

Criminal law 1

1. It is the branch of public law which defines crime, treats of their nature and provides for their punishment in case of conviction.
a. Criminal Law c. Civil Law
b. Constitutional Law d. Criminal Procedure
2. It is a legislative act which inflicts punishment without judicial trial.
a. Ex-post facto lawc. Bill of Attainder
b. House Resolution d. Extra-Judicial Killing
3. The following EXCEPT one are the characteristics of penal law.
a. Generality c. Perspectivity
b. Territoriality d. Retrospectivity
4. It is the school of criminology which advocates human free will and believes that man has capacity to choose between right
and wrong. According to it, the purpose of penalty is retribution.
a. Classical c. Positivist
b. Neo-classical d. Eclectic
5. It advocates that man is inherently good but offender is socially sick. The purpose of penalty is reformation.
a. Classical c. Positivist
b. Neo-classical d. Eclectic
6. This combines the good features of both the classical and the positivist theories. Ideally, the classical theory should be applied
to grievous or heinous crimes, whereas, the positivist is made to apply on economic and social crime.
a. Classical c. Positivist
b. Neo-classical d. Eclectic
7. It is the principle in criminal law which states that where the evidence of the prosecution and of the defense are equally
balanced, the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence.
a. Prima Facie Rule c. Equipoise Rule
b. Rule of Law d. Due Process Rule
8. When there are doubts penal laws are generally construed in favor of the accused and against the government. This is
the principle of _____________.
a. pro reo c. pro bono
b. pro gun d. pro life
9. These are crimes that are always consummated because the offender cannot perform all acts necessary to commit the
offense without consummating it.
a. Formal crimes c. Material crimes
b. Informal crimes d. Immaterial crimes
10. Yaya Dav saw Aldin stabbed Lolo Nidoro. Yaya Dav never reported what he saw to the authorities. Is Yaya Dav liable for any
crime?
a. Yes c. It depends
b. No d. none of the above
11. It is the only crime defined and punished in Book 1 of the Revised Penal Code.
a. Murder c. Trespass to dwelling
b. Impossible crime d. Robbery
12. What specific provision of the 1987 constitution lays down the states authority to punish crimes.
a. 1987 Constitution Article II, Section. 2
b. 1987 Constitution Article II, Section. 3
c. 1987 Constitution Article II, Section. 4
d. 1987 Constitution Article II, Section. 5

Matching type:
Match column A with column B.
13.NULLUM CRIMEN NULLA POENA SINE LEGE
14. DOCTRINE OF PRO REO”
15. ACTUS NON FACIT REUM, NISI MENS SIT REA
16. ACTUS ME INVITO FACTUS NON-EST
17. EL QUE ES CAUSA DE LA CAUSA ES CAUSA
18. FELONY
19. intentional felonies
20. OFFENSE
21. MISDEMEANOR
22. CRIME
23. There is deceit when
24. there is fault when
25. Mens rea
26. Malum prohibitum
27. Generality
28. Territoriality
29. Prospectivity
30. Criminal law is substantive because?

a. Criminal law of the country governs all persons within the country
b. Penal laws of the country have force and effect only within its territory.
c. Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law had already taken effect.
d. There is no crime when there is no law punishing the same.
e. Whenever a penal law is to be construed or applied and the law admits of two interpretations one lenient to the
offender and one strict to the offender
f. The act cannot be criminal where the mind is not criminal
g. An act done by me against my will is not my act.
h. He who is the cause of the cause is the cause of the evil caused
I. limited only to violations of the Revised Penal Code
j. A crime punished under a special law is called a statutory offense
k. A minor infraction of the law, such as a violation of an ordinance the wrongful act
l. Whether the wrongdoing is punished under the Revised Penal Code or under a special law
m. the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
n. the act is performed with deliberate intent
o. an act, by its very nature, is inherently and morally wrong
p. An act is wrong only because there is a law punishing it
q. those committed with deliberate intent against the State
r. it defines the state’s right to inflict punishment and the liability of the offenders

Enumeration:

Enumerate at least 3 exemptions on the application of Generality in the Philippine criminal law.
31.
32.
33.
Enumerate the 5 general exemptions provided in Territoriality application of our Philippine Criminal law.
34.
35.
36
37.
38.
Enumerate the 3 elements of Felonies.
39.
40.
41.
What are the 2 classification of felony according to manner of commission.
42.
43.
What are the 2 means of committing felonies?
44.
45.

Essay: Yes or no answer is not given credit, always justify your answer.

1.Two petty officers aboard a Russian ship docked in Manila North Harbor got into a fistfight which resulted in serious physical
injuries. What rule is applicable, English rule or French rule? 4 pts.

2. X, a Philippine consulate official who is validly married here in the Philippines and who marries
again, in a foreign country. Is he liable for Bigamy under our criminal law? 4 pts

3. Distinguish what is the French and the English rule 3

4. A houseboy who stabs his roommate in the dark, honestly mistaking the latter to be a robber responsible for a series of break-
ins in the area, and after crying out sufficient warnings and believing himself to be under attack, cannot be held criminally liable
for homicide? 3pts.

5. Distinguish mala inse with mala prohibitum. 3pts.

6. Distinguish formal crimes with material crimes. 3pts.