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Criminal Law RPC
Criminal Law RPC
Criminal Law - a branch of municipal law which defines crimes, treats of their nature and provides for
their punishment.
Note: Consuls, Vice Consuls, and other foreign commercial representatives can not claim the
privileges and immunities accorded to ambassadors and ministers.
Territorial - Penal laws of the Philippines are enforceable only within its territory.
Exception: Art. 2 of the RPC - binding even on crimes committed outside the Philippines.
1. Offenses committed while on a Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the Philippines or
obligations and securities issued by the government.
3. Introduction into the country of the above-mentioned obligations and securities.
4. While being public officers and employees, an offense is committed in
the exercise of their functions.
5. Crimes against the National Security and the Law of the Nations.
2. Positivist Theory - basis is the sum of social and economic phenomena which conditions man to do
wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes
and habitual delinquency.
3. Mixed Theory - combination of the classical and positivist theories wherein crimes that are economic
and social in nature should be dealt in a positive manner. The law is thus more compassionate.
3. Criminal law is binding on all person who reside or sojourn in the Philippines. This characteristic of
criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
4. One of the characteristics of criminal law is generality. Which of the following is not an exception to
the principle of generality.
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law
D. None of the Above
5. One of the following person is not immune from Philippine criminal law.
A. Sovereigns and other chief of state
B. Ambassador
C. Consuls
D. Charges d' Affaires
6. Penal laws of the Philippines are enforceable only within its territory. This characteristic of criminal
law is known as
A. General
B. Territorial
C. Prospective
D. None of the above
7. One of the following is not an exceptions to the territorial principle of criminal law.
A. Offenses committed while on Philippine ship or airship
B. Forging or counterfeiting any coin or currency note of the Philippines or the obligations
and securities issued by the government.
C. Crimes committed against national security and the law of nations.
D. Crimes committed against public order.
8. Criminal law does not have any retroactive effect. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
9. When the law is favorable to the accused, is an exception to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive
10. A Theory of criminal law, Basis is man's free will to choose between good and evil. The purpose of
penalty is retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.
Answer:
1. C
2. D
3. A
4. D
5. C
6. B
7. D
8. C
9. C
10. A
Criminal Law Review Questions 2
1. Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or
contrary to his volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above
3. Which of the following is not a limitation on power of congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
C. Law that violates the equal protection clause of the constitution.
D. None of the Above
5. What determines whether a vessel is a Philippine vessel for purposes of the application of criminal
law?
A. Place of Registration
B. Place of Construction
C. Citizenship of the Owner
D. None of the Above
6. Crimes committed aboard foreign vessel within the territorial waters of a country are not triable in
the courts of such country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above
7. Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the
courts of such country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above
8. For Offenses committed aboard foreign vessel committed in Philippine waters. What principle is
applicable to the Philippines.
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above
Answer:
1. B
2. B
3. D
4. C
5. A
6. C
7. B
8. B
9. A
10. B
Criminal Law Review Questions 3
1. Failure to perform a duty required by law.
A. Exception
B. Exclusion
C. Avoidance
D. Omission
2. There is no crime when there is no law punishing it. In criminal law, this principle is known as
A. Nullum crimen, nulla poene sine lege
B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
D. Actus Me Invito Factus Non Est Meus Actus
5. This classification of felony has the following requisites, freedom, intelligence, and intent.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above
6. This classification of felony has the following requisites: freedom, intelligence, negligence, and
imprudence.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above
Answer:
1. D
2. A
3. B
4. A
5. B
6. A
7. D
8. D
9. A
10. B
Criminal Law Review Questions 4
1. In Criminal Law, Error in Personae means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above
4. The cause which in the natural and continuous sequence, unbroken by any efficient intervening cause,
produces the injury without which the result would not have occurred.
A. Immediate Cause
B. Intervening Cause
C. Proximate Cause
D. Natural Cause
6. A Stage in the execution of felonies when all the elements necessary for its execution and
accomplishment are present.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
7. This Stage in the execution of felonies have the following elements: a. offender performs all acts of
execution b. All the acts would produce the felony as a consequence c. But the felony is not produce d.
By reason of causes independent of the will of the perpetrator.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
8. This Stage in the execution of felonies have the following elements: a. Offender commences the
felony directly by overt acts b. Does not perform all acts which would produce the felony c. His acts are
not stopped by his own spontaneous desistance
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above
9. In the stages of execution of felonies, the element that all acts of execution are present, must be
present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted
10. Which of the following do not admit of frustrated and attempted stages?
A. Offenses punishable b y special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above
Answer:
1. A
2. B
3. C
4. C
5. D
6. A
7. B
8. C
9. C
10. D
Criminal Law Review Questions 5
1. Which of the following crimes do not admit of frustrated stage.
A. Rape
B. Bribery
C. Adultery
D. All of the Above
2. The General Rule is that light felonies are punishable only when they have been consummated. One
of the following is an exception.
A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
D. None of the Above
3. Two or more persons come to an agreement for the commission of a felony and they decide to
commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. Non of the Above
4. A Person has decided to commit a felony and proposes its execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
D. None of the Above
9. Where the act of a person is in accordance with law, such person is deemed not to have violated the
law.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
10. Grounds for exception from punishment because there is wanting in the agent of the crime any of
the conditions which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
Answer:
1. D
2. C
3. B
4. B
5. A
6. B
7. C
8. A
9. C
10. D
Criminal Law Review Questions 6
1.One while advanced in age has a mental development comparable to that of children between 2 and 7
years old. He is exempt in all cases from criminal liability.
A. Insane
B. Imbecile
C. Stupid
D. None of the Above
2. One who acts with complete deprivation of intelligence or reason or without the least discernment or
with total deprivation of freedom of will.
A. Insane
B. Imbecile
C. Stupid
D. None of the Above
3. Offender uses violence or physical force to compel another person to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
D. None of the Above
9. Where the act committed is a crime but for some reason of public policy and sentiment, there is no
penalty imposed.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above
10. Those which if present in the commission of the crime reduces the penalty of the crime but does not
erase criminal liability nor change the nature of the crime.
A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
D. Exempting circumstance
Answer:
1. B
2. A
3. A
4. B
5. D
6. C
7. A
8. B
9. A
10. B
Criminal Law Review Questions 7
1. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating
anyone.
A. Provocation
B. Vindication
C. Passion
D. Obfuscation
2. Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its
maximum period provided by law for the offense or those that change the nature of the crime.
A. Justifying circumstances
B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances
5. A kind of aggravating circumstance which of necessity accompany the commission of the crime.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
6. A kind of aggravating circumstance which arise under special conditions to increase the penalty of the
offense and can not be offset by mitigating circumstances.
A. Generic aggravating circumstance
B. Special aggravating circumstance
C. Inherent aggravating circumstance
D. Qualifying aggravating circumstance
Answer:
1. A
2. D
3. A
4. C
5. D
6. B
7. A
8. B
9. B
10. B
Criminal Law Review Questions 8
1. One who at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the RPC.
A. Recidivist
B. Habitual delinquent
C. Quasi-recidivist
D. None of the Above
3. Where the offender has been previously punished for an offense to which the law attaches an equal
or greater penalty or for two crimes to which it attaches a lighter penalty. This generic aggravating
circumstance is known as
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
4. Reiteracion means
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
5. Where a person within a period of ten years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty
of the said crimes a third time or oftener. This extra ordinary aggravating circumstance is known as
A. Recidivism
B. Habitual delinquency
C. Reiteracion
D. Quasi-recidivism
6. Where a person commits felony before beginning to serve or while serving on a previous conviction
for a felony. This special aggravating circumstance is known as
A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism
7. This aggravating circumstance involves the use of intellectual trickery or cunning on the part of the
accused.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
8. This aggravating circumstance involves the use of insidious words or machinations to induce the
victim to act in a manner which would enable the offender to carry out his design.
A. Craft
B. Fraud
C. Disguise
D. None of the Above
Answer:
1. A
2. B
3. B
4. B
5. B
6. D
7. A
8. B
9. C
10. A
11. C
Criminal Law Review Questions 9
1. When the offender commits any of the crimes against the person, employing means, methods or
forms in the execution thereof which tend directly and specially to insure its execution without risk to
himself arising from the defense which the offended party might make.
A. Evident Premeditation
B. Astucia
C. Disfraz
D. Treachery
2. A Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury
caused by the crime.
A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad
3. This Aggravating Circumstance is present when the culprit enjoys and delights in making his victim
suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act.
A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz
5. Persons who do not act as principals but cooperate in the execution of the offense by previous and
simultaneous acts, which are not indispensable to the commission of the crime.
A. Principal
B. Accomplice
C. Accessory
D. None of the Above
6. A Person received and used property from another, knowing it was stolen. This is an example of a
A. Principal
B. Accomplice
C. Accessory
D. None of the Above
7. Placing a weapon in the hand of the dead who was unlawfully killed to plant evidence or burying the
deceased who was killed by the mastermind. This is an example of
A. A Principal
B. An Accomplice
C. An Accessory
D. None of the Above
8. This Law penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the investigation and prosecution of criminal cases.
A. P.D. 1928
B. P.D. 1892
C. P.D. 1829
D. P.D. 1982
9. This Law penalizes the act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in
any other manner dealing in anything of value which a person knows or should have known to be
derived from the proceeds of the crime of robbery or theft.
A. P.D. 1261
B. P.D. 1216
C. P.D. 1621
D. P.D. 1612
10. One of the following accessory is not exempt from criminal liability.
A. When the Principal is his Spouse
B. When the Principal is his Ascendant
C. When the Principal is his Descendant
D. None of the Above
Answer:
1. D
2. C
3. B
4. D
5. B
6. C
7. C
8. C
9. D
10. D
Criminal Law Review Questions 10
2. A Theory of justifying penalty to prevent or suppress the danger to the state arising from the criminal
act of the offender.
A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity
3. A Theory justifying penalty so as to protect society from the threat and wrong inflicted by the
criminal.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice
4. A Theory Justifying penalty where the object of punishment in criminal cases is to correct and reform
the offender.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity
5. A Theory justifying penalty where the criminal is punished to serve as an example to deter others
from committing crimes.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity
6. A Theory justifying penalty, that crime must be punished by the state as an act of retributive justice, a
vindication of absolute right and moral law violated by the criminal.
A. Theory of Prevention
B. Theory of Reformation
C. Theory of Exemplarity
D. Theory of Justice
9. Which of the following crimes will not extinguish the criminal liability of the offender even if pardoned
by the offended party?
A. Adultery
B. Seduction
C. Concubinage
D. Homicide
10. Fines when imposed alone as penalty, in the amount of 201 pesos to 6000 pesos is considered
A. Afflictive Penalty
B. Correctional Penalty
C. Light Penalty
D. None of the Above
11. Fines when imposed alone as penalty, over 6000 pesos is considered
A. Afflictive penalty
B. Correctional Penalty
C. Light penalty
D. None of the Above
12. Fines when imposed alone as penalty, in the amount of 200 pesos and less is considered
A. Afflictive Penalty
B. Correctional Penalty
C. Light penalty
D. None of the Above
Answer:
1. C
2. A
3. B
4. C
5. D
6. D
7. A
8. D
9. D
10. B
11. A
12. C