Name:Paul Sherick P. Capuli.

Year and block: 3-ALPHA

C 1. A was watching a basketball game, when the B, who appeared to be drunk, suddenly and for no
reason wrapped his arm around the former’s neck and poked a fork against it with his other arm. A
tanod intervened and took the fork from the B and told the latter to go home, which he heeded.
However, while walking home the B was attacked and stabbed by the A on the right chest. A claims that
he was acting in self – defense when he stabbed the B. It is argued that the unlawful aggression which
began at the basketball court had continued until the time of the stabbing. Will the contention of the A
prosper?
a. Yes, the act of the A was self – defense. The basic requirement for self defense is that there was
an unlawful aggression against the person defending himself. Unlawful aggression need not exist when
the aggressor was injured or disabled by the person making the defense.
b. No. although the unlawful aggression continued until the time of stabbing, the act of the A is not
justified as self– defense for he did not employ reasonable means to resist the attack.
c. No. what the A did was an act of retaliation and not of self – defense. In retaliation, the
aggression that was begun by the injured party had already ceased to exist when the A attacked him. In
self – defense, the aggression still exists when the aggressor was injured or disabled by the person
making the defense.
d. Yes. The unlawful aggression which began at the basketball court was a previous unlawful and
unprovoked attack that placed his life in danger.

A. 2. A, with intent to kill threw B into the deep water. B, who did not know how to swim made efforts
to keep himself afloat. The latter had the chance to seize the gunwale of the boat, but the accused tried
to loosen the hold of B with an oar.
The accused was prevented from striking B by other persons. What is the crime committed, if any?
a. Attempted Homicide
b. Attempted Murder
c. Frustrated Homicide
d. Frustrated Murder

B 3. The laws of preferential application apply to all, except:

a. Ambassador
b. Consul
c. Diplomat
d. Head of State

B 4. If a foreign merchant vessel is in the center lane and a crime was committed, under the
Archipelagic Rule, the crime will be prosecuted in
a. Philippine courts.
b. The country where the vessel is registered.
c. Any country because the crime was committed in the high seas.
d. The port of destination of the vessel.

B. 5. Acts or omissions will only be subject to penal law if they are committed
a. Before the penal law had taken effect
b. During the penal law had taken effect
c. After the penal law had taken effect
d. After the penal law had taken effect, provided it is favorable to the accused

6. The offender is made to suffer the wrong he has done.

a. Eclectic philosophy
b. Juristic philosophy
c. Positivist philosophy
d. Utilitarian theory

B. 7. The purpose of penalty in this philosophy is reformation.

a. Classical
b. Positivist
c. Eclectic
d. Utilitarian

D 8. A vessel is not registered in the Philippines. A crime is committed outside Philippine territorial
waters. Then the vessel entered our territory. Will the Revised Penal Code apply?
a. Yes, due to the generally accepted rules in international law
b. No, our courts cannot take cognizance of the case
c. Yes, because the crime is continuing
d. No, Philippine courts does not have jurisdiction over the crime

D 9. All are requisites of dolo, except:

a. Deliberate intent
b. Freedom of action
c. Intelligence
d. Lack of discernment

D 10. All are requisites of culpa, except:

a. Criminal negligence
b. Freedom of action
c. Intelligence
d. Deliberate intent

B 11. In a case decided by the Supreme Court, two persons went wild boar hunting. On their way, they
met Pedro standing by the door of his house and they asked him where they could find wild boars. Pedro
pointed to a place where wild boars were supposed to be found, and the two proceeded thereto. Upon
getting to the place, they saw something moving, they shot, unfortunately the bullet ricocheted killing
Pedro. Are the two persons criminally liable?
a. Yes, they are criminally liable
b. Yes, there is negligence
c. No, it is an accident
d. No, it is a mistake of fact

D 12. It is the mental capacity to tell right from wrong. It relates to the moral significance that a person
ascribes to his act.
a. Intelligence
b. Moral attribute
c. Wisdom
d. Discernment

B 13. A husband came home and found his wife in a pleasant conversation with a former suitor.
Thereupon, he got a knife and stabbed the former suitor.
a. The moving force of the husband is intent
b. The moving force of the husband is jealousy
c. The husband had no moving force to act
d. The overt act is jealousy

A 14. A person who violated the Revised Penal Code is a

a. Criminal
b. Suspect
c. Felon
d. Felony

C 15. All incurs criminal liability, except:

a. Preater intentionem
b. Mistake of identity
c. Mistake of fact
d. Mistake in the blow

B 16. In proximate cause, a person is not criminally liable if there is a

a. Supervening event
b. Immediate cause
c. Alteration of events
d. All of the foregoing

17. All are wrongful acts done although different from what was intended, except:
a. Mistake of fact
b. Mistake in the blow
c. Mistake of identity
d. None of the foregoing
B 18. It refers to any kind of body movement, external in nature which has a direct connection with
the felony intended to be committed
a. Criminal Act
b. Overt act
c. Criminal intent
d. Freedom of action

C 19. Light felonies are punishable only when they are:

a. Attempted
b. Frustrated
c. Consummated
d. All of the foregoing

20. The injury is on the intended victim but the resulting consequences is so grave a wrong than
what was intended.
a. Preater intentionem
b. Aberratio ictus
c. Error in personae
d. Proximate cause
A. 21. A and B went on a drinking spree. While they were drinking, they had some argument so A
stabbed B several times. A’s defense is that he had no intention of killing his friend and that he did not
intend to commit so grave a wrong as that committed.
a. There is preater intentionem
b. There is a culpable felony
c. There is aberratio ictus
d. There is intent to commit a grave act

D 22. Pickpocketing an empty wallet is

a. A legal impossibility
b. A physical impossibility
c. Not a criminal act
d. An impossible act

A 23. All are elements of frustrated felony, except:

a. All the acts of execution would produce a felony as a consequence
b. The felony is not produced
c. By reason of causes independent of the will of the perpetrator
d. The act has passed the subjective phase

D 24. A person enters the dwelling of another. However, at the very moment of his entry and before he
could do anything, he is already apprehended by the household members, can he be charged with
attempted robbery?
a. Yes as he has passed the objective phase in robbing
b. Yes, as he has intention to rob
c. No, he does not plan to rob
d. No, he is only liable for trespass to dwelling

25. When an overt act is committed the offender has passed the
a. Attempted stage
b. Objective phase
c. Subjective phase
d. Consummated stage

B 26. Those where the act committed is a crime but for reasons of public policy and sentiment there is
no penalty imposed.
a. Impossible crimes
b. Absolutory crimes
c. Complex crimes
d. Extenuating crimes

A. 27. It means mistake in the blow

a. Aberratio ictus
b. Error in personae
c. Dura lex sed lex
d. Praeter intentionem

C. 28. A stage of execution when all the elements necessary for its execution and accomplishment are
present
A. Attempted
B. Frustrated
C. Consummated
D. Accomplished

A. 29. It indicates deficiency of perception.

A. Negligence
B. Diligence
C. Imprudence
D. Inference

A. 30. A character of Criminal Law, making it binding upon all persons who live or sojourn in the
Philippines.
A. General
B. Territorial
C. Prospective
D. Retroactive

A. 31. A legislative act which inflicts punishment without judicial trial.

A. Bill of Attainder
B. Bill of Rights
C. Ex Post Facto Law
D. Penal Law

A. 32. What must be considered in determining whether the crime committed is only attempted,
frustrated or consummated?
A. All of these
B. The elements constituting the felony
C. The nature of the offense
D. The manner of committing the felony

B 33. Heads of State or Ambassadors can NOT be held criminally liable in another state or place of
assignment under the principles of international law. This is an EXCEPTION to the general characteristic
of Criminal Law which is
A. Prospectivity
B. Generality
C. Territoriality
D. Immunity

C 34. A, with intent to kill, fired a revolver at B. He inflicted a fatal wound. A brought B to a hospital,
and due to timely medical assistance, B survived. What crime did A commit?
A. physical injuries
B. attempted felony
C. frustrated felony
D. no criminal liability

A. 35. The law must be interpreted liberally in favor of the______ and strictly against the _____.
a. Accused: state
b. Criminal: offender
c. Government: people
d. State: accused

B 36. Illegal possession of a firearm is a crime.

a. Mala delicta
b. Mala prohibita
c. Mala in se
d. Mala selecta

B. 37. Failure to perform a duty required by law is

a. commission
b. omission
c. contract
d. order

38. A used poison to kill B. However, B survived because A used small quantities of poison, there is
a. Employment of inadequate means
b. Ineffectual means
c. Proximate cause
d. Possible crime

A. 39. Which act will incur absolutory cause?

a. Instigation
b. Entrapment
c. Hot pursuit operation
d. Check-point

D 40. Roland Smith, an American consul delegated by the American government to the Philippines ran
over a pedestrian crossing the street, while he was driving recklessly and imprudently along Araneta
Street in Bacolod City. The pedestrian died. While being prosecuted in the court for the crime reckless
imprudence resulting to homicide, Smith raised diplomatic immunity as a defense, alleging that he
cannot be subjected under Philippine laws and regulations. Is his defense tenable?
a. Yes, consuls enjoy immunity from criminal prosecution
b. Yes, criminal acts by the consuls as a foreign delegate is covered by diplomatic immunity
c. No, the crime committed by the consul is not covered by immunity supplied by the law
d. No, diplomatic immunity extends only to sovereigns or heads of states, ambassadors, ministers,
ministers plenipotentiary and resident ministers

D 41. During a heated argument, A, a seaman of Chinese nationality choked to death B, a Filipino, on
board a ship not registered in the Philippines while in the high seas. C, a Filipino, owns the ship. Do
Philippine courts have jurisdiction over the case?
a. Yes, the rule on territoriality applies since the owner of the ship is a Filipino
b. No, the rule on territoriality does not apply since the ship is not registered in the Philippines
c. Yes, the rule on territoriality applies since the crime was committed on board a Philippine ship
d. No, the rule on territoriality does not apply since the Philippine courts have no jurisdiction over
crimes committed on the high seas on ship not registered in the Philippines

D. 42. A was charged with “fraud or infringement of literary rights or property,” because A allegedly
reproduced and sold copies of another’s literary work. At that time, there was no copyright law. Can A be
punished of such act?
a. Yes, because penal laws may be given retroactive effect, regardless of whether or not they are
beneficial to the accused
b. Yes, because it is an exemption from the prohibition against ex post facto law
c. No, because it is a bill of attainder
d. No, because there was no law at that time defining and penalizing the act

43. Which of the following best describes a felony which is punishable by law:
a. Boy Okoy is planning to wait for Boy Batsekorno after work to shoot him with an armalite
b. Boy Puswak, a BIR officer intentionally failed to issue a receipt
c. A person not owing allegiance to the Philippines voluntarily does not disclose to the proper
authority any conspiracy against the government
d. Toto Camille, a witness in a shoot-out does not report to the authorities the commission of the
crime as she witnessed

A. 44. Chief of Police Aungon and his co- accused SPO10 Salle were under instructions to arrest Boy
Kambang, a notorious criminal and escaped convict. The officers proceeded into the suspected house
and upon seeing a man sleeping with his back facing them, simultaneously fired revolvers. The victim
turned out to be Pong, an innocent man. Are the police officers criminally liable?
a. Yes, it cannot be considered a mistake of fact because they failed to inquire on the identity of the
man
b. Yes, it cannot be mistake of fact because the police officers were deliberate
c. No, because the notorious man and the lives of the police officers are in danger if they tried
inquiring on the suspect’s identity
d. No, because they can be justified under mistake of fact
A. 45. The accused, without intent to kill, struck the victim with his fist on the back part of the head,
causing the victim to fall down with his head hitting the asphalt which caused his sudden death. Is the
accused criminally liable?
a. Yes, since the injurious result of striking the head is greater than intended
b. No, since there has been a mistake in the identity of the victim
c. Yes, because the victim sustained serious wounds which resulted from the mistake in the blow of
the accused
d. No, because the accused did not have any intent to kill the victim

D. 46. Briones induced his friend Flores, in consideration of money, to kidnap a girl he is courting so
that he may succeed in courting her and eventually making her accede to marry him. Flores asked for
more money which Briones failed to put up. Flores got angry and reported the matter to the police. May
Briones be charged with attempted kidnapping?
a. Yes, intent to commit a crime is sufficient to convict
b. Yes, because he communicated his desire to kidnap
c. No, he may not be charged for attempted kidnapping but he may be charged for robbery
d. No, since he has not commenced the kidnapping
47. A died during a fire at the Cuenca’s warehouse after the pipe exploded. A day after his death his
wife, W, went to the spouses Cuenca’s house at midnight, planning to kill the couple because she blamed
them for her husband’s death. Using her brother’s .45 revolver she repeatedly shot at the house and
then left. The Cuencas arrived at the house to find shattered windows and several bullet holes on the
wall. No one died. Is W liable?
a. Yes, W is liable for an impossible crime
b. No, W is not liable for an impossible crime
c. Yes, W is liable for attempted homicide
d. No, W is not liable for attempted homicide

C 48. Chua broke up with his girlfriend Ribo, as he saw her kissing another man. Completely angered,
he decided to burn down her house to teach her a lesson. He struck a match. However, as he was about
to set on fire a certain wall of Ribo’s house the police arrived on time to stop him. What stage is the
felony?
a. Consummated; in arson, a simple striking of a match in the area which one wants to burn down
is enough to consummate the crime
b. Frustrated; he was not yet able to burn down the house, but all the elements necessary for the
execution are all present
c. Attempted; as he has begun the commission of the crime directly by the overt act of lighting the
match
d. Frustrated; he would have produced the felony, were it not for the desistance of the policeman

B. 49. Conspiracy is punishable in the following cases, EXCEPT for

a. Treason
b. Rape
c. Sedition
d. Coup d’état

50. Policeman Reyes and Corpus apprehended a suspect named Raul and escorted him in their jeep
to bring him to the police station. Suddenly, Raul grabbed Reyes’ M16 rifle and jumped out of the jeep.
Corpus saw Raul’s act of grabbing the M16 and attempt to escape. He acted immediately and fire his
own M16 rifle at Raul. No warning shot was issued. Raul died. Corpus invoked the justifying circumstance
of fulfillment of duty as defense. Will the defense prosper?
a. Yes, a policeman in the performance of his duty is justified in using the force reasonably
necessary in securing and detaining the offender
b. No, the force used was not reasonably necessary. Circumstance show that Raul was merely
attempting to escape and not shoot at Reyes.
c. Yes, there was unlawful aggression on the part of Raul when he forcibly took the M16 rifle away
from Reyes.
d. No, fulfillment of duty requires that a warning shot should first be released before the shooting
of a convict is justified.