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Chan Robles Crim Mcqs
Chan Robles Crim Mcqs
Correct answer B. testify falsely and the person procured actually testifies as
: told
22 Question : Four men robbed a passenger jeepney. The men killed two of
) the passengers and raped the only female passenger. The four
men are liable for the _______.
Your answer : D. special complex crime of Robbery with Homicide, and the
rape is only an aggravating circumstance, by way of exception
to the provisions of Article 48 of the Revised Penal Code
Correct answer D. special complex crime of Robbery with Homicide, and the
: rape is only an aggravating circumstance, by way of exception
to the provisions of Article 48 of the Revised Penal Code
23 Question : A crime resulting from negligence, reckless imprudence, lack of
) foresight or lack of skill is called
Your answer : B. culpa.
Correct answer B. culpa.
:
24 Question : Which of the following statements constitute Inciting to
) Sedition?
Your answer : C. Leaders of jeepney and bus associations shouting “Bukas
tuloy ang welga hanggang sa magkagulo na!”
Correct answer B. Speeches extolling communism and urging the people to
: hold a national strike and paralyze commerce and trade.
25 Question : Direct bribery is a crime involving moral turpitude. From which
) of the following elements of direct bribery can moral turpitude
be inferred?
Your answer : C. The offender takes a gift with a view to committing a crime
in exchange.
Correct answer C. The offender takes a gift with a view to committing a crime
: in exchange.
Your answer : A. Treason under Article 114 of the Revised Penal Code.
Correct answer A. Treason under Article 114 of the Revised Penal Code.
:
3) Question : XX went to the house of YY, a septuagenarian, for the purpose
of abducting her. Upon reaching the house of YY, XX found YY
lying lifeless in a couch. XX nevertheless carried the corpse of
YY and brought it to a safe house. Later, XX sent a text
message to YY's rich son, ZZ, from whom he demanded
ransom in exchange for the release of YY from captivity.
Believing that YY was still alive and fearing that XX would kill
YY, ZZ, as instructed by XX, deposited P5 million in bank
account of XX. What crime may XX be correctly charged of?
Your answer : C. Grave Threats.
Correct answer B. Special Complex of Kidnapping with Homicide.
:
4) Question : Mistake of Fact is an absolutory cause because the accused
acted ______.
Your answer : C. without criminal intent and negligence but with freedom of
action and intelligence
Correct answer C. without criminal intent and negligence but with freedom of
: action and intelligence
5) Question : The pecuniary liabilities of an offender include ______.
Your answer : A. repation of damaged cause, Indemnification of consequential
damages. Fine, and cost of proceedings
Correct answer A. repation of damaged cause, Indemnification of consequential
: damages. Fine, and cost of proceedings
6) Question : Generally, if the offender in a criminal case is acquitted, his civil
liability is also extinguished, EXCEPT when the ________.
Your answer : C. acquittal is due to non-imputability or an exempting
circumstance
Correct answer C. acquittal is due to non-imputability or an exempting
: circumstance
7) Question : The felony of piracy is qualified when the _____.
Your answer : C. offender have attacked a vessel by boarding or firing upon
the same
Correct answer A. crime is accompanied by any forum of physical injuries.
:
8) Question : That man is occasionally subdued by strange social
phenomenon that compels him to do wrong is known in
Criminal Law as the ______ theory.
Your answer : B. Positivist
Correct answer B. Positivist
:
9) Question : Which of the following grants oblivion to all the effects of
conviction and restores political rights?
Your answer : A. Amnesty
6
1) Question : HH killed her three-year old daughter, GG. After having told of
such fact, FF assisted HH in her escape. Under the
circumstances, FF may be exempt as an accessory thereto if
_________.
Your answer : B. HH and FF are sisters-in-law
Correct answer B. HH and FF are sisters-in-law
:
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2) Question : A woman who kills her one-day old illegitimate child may be
convicted of ___________.
Your answer : B. Infanticide
Correct answer B. Infanticide
:
3) Question : Correctional penalties include ______.
Your answer : B. Prision Correccional, Arresto Mayor, Suspension, and
Destierro
Correct answer B. Prision Correccional, Arresto Mayor, Suspension, and
: Destierro
4) Question : A person commits inciting to sedition by _____.
Your answer : D. inciting rebellious conspiracies or riots through speeches,
writings and other media of representation
Correct answer D. inciting rebellious conspiracies or riots through speeches,
: writings and other media of representation
5) Question : In the absence of satisfactory explanation, the user of a
falsified documents is deemed the author of the falsification if
the _____.
Your answer : B. use of falsified document was closely related in time with the
falsification and the user had the capacity to falsify
Correct answer B. use of falsified document was closely related in time with the
: falsification and the user had the capacity to falsify
6) Question : In Usurpation if Civil Status, the intent of the offender is to
_____.
Your answer : A. assume the filiations, or the parental or conjugal rights of
another
Correct answer B. enjoy the rights arising from the civil status of the person
: impersonated
7) Question : The accused's husband was still living when she contracted the
second marriage. Her defense was that she was advised by her
husband's relatives that he was already dead. Hence, she acted
under mistake of fact. Accused is _____.
Your answer : D. not liable of any crime
Correct answer A. liable for bigamy
:
8) Question : When the subsidiary penalty imposed is only a fine, the
subsidiary imprisonment shall not exceed ______ months.
Your answer : C. six (6)
Correct answer C. six (6)
:
9) Question : According to the order of severity, the penalty next lower in
degree from Arresto Mayor is ______.
Your answer : A. Destierro
Correct answer C. Arresto Menor
:
10 Question : Destierro consists of banishment of the convict to a distance of
14
) ____.
Your answer : A. not less than 25 kilometers but not more than 250
kilometers radius
Correct answer A. not less than 25 kilometers but not more than 250
: kilometers radius
11 Question : Band consists of _____|_.
)
Your answer : A. more than three (3) armed malefactors
Correct answer A. more than three (3) armed malefactors
:
12 Question : Jesus and Remedios are husband and wife. When Remedios
) was 7 months pregnant, Jesus died. Three months after
Remedios delivered her child, she married Reynaldo, her first
love. Remedios was charged with premature marriage because
being a widow, she married within 301 days from the death of
her husband. Is Remedios liable?
Your answer : D. No, because it was her husband Jesus who fathered the
child.
Correct answer C. No, because the period of 301 days is only for cases where
: the woman is not pregnant.
13 Question : X mixed poison in the coffee of Y to kill him. Unknowingly, Y
) drank his coffee laced with poison. Nothing happened to Y as
the poison had no effect at all. What crime is committed by X?
Your answer : C. Impossible Crime.
Correct answer C. Impossible Crime.
:
14 Question : A number of persons secretly united and use devious and
) undercover means to bring about an overturn public affairs or
undermine and cause the downfall of a person with a position
or authority is referred to as ____.
Your answer : D. Cabal
Correct answer D. Cabal
:
15 Question : What is known as the improper performance of an act which
) might be lawfully done?
Your answer : B. Misfeasance.
Correct answer B. Misfeasance.
:
16 Question : Which of the following is NOT a qualifying aggravating
) circumstance?
Your answer : B. Nighttime.
Correct answer B. Nighttime.
:
17 Question : What is the felony where the principal offender must be a
) member of the AFP or the PNP organization or a public officer
with or without civilian support?
15
Correct answer C. Yes, because the raising of the hand is not unlawful
: aggression.
24 Question : The presence of a mitigating circumstance in a crime
)
Your answer : C. affects the imposable penalty, depending on other modifying
circumstances.
Correct answer C. affects the imposable penalty, depending on other modifying
: circumstances.
25 Question : X, without intent to kill, aimed his gun at Z and fired it, hitting
) the latter who died as a consequence. Under the circumstances
Your answer : A. X cannot plead praetor intentionem since the intent to kill is
presumed from the killing of the victim.
Correct answer A. X cannot plead praetor intentionem since the intent to kill is
: presumed from the killing of the victim.
) Record (DTR) from January to March 2000 and did not get
approval of his sick leave application for April because of
evidence that he was actually moonlighting elsewhere. Thus,
the medical Director caused the withholding of his salary for
the periods in question until he submitted his DTRs in May
2000. Can Dr. Chow prosecute the medical director for causing
him undue injury in violation of the Anti-Graft and Corrupt
Practices Act?
Your answer : D. No, since Dr. Chow brought it upon himself, having failed to
submit the required DTRs.
Correct answer D. No, since Dr. Chow brought it upon himself, having failed to
: submit the required DTRs.
25 Question : X, a court employee, wrote the presiding judge a letter,
) imputing to Y, also a court employee, the act of receiving an
expensive gift from one of the parties in a pending case.
Because of this, Y accused X of libel. Does Y need to prove the
element of malice in the case?
Your answer : B. Yes, malice is not presumed since X wrote the letter to the
presiding judge who has a duty to act on what it states.
Correct answer B. Yes, malice is not presumed since X wrote the letter to the
: presiding judge who has a duty to act on what it states.
1) Question : RR, with intent to kill, shot WW from a distance of ten (10)
meters. Because of poor aim, the latter was hit only on his left
earlobe. When WW retreated, RR pursued him while firing
several shots at WW. When he was cornered at a dead end, RR
pointed the gun at his head and pressed its trigger. It did not
fire as the gun had run out of bullets. By reason thereof, RR
left. For what crime may RR be validly indicted?
Your answer : B. Frustrated Homicide, as RR has already performed all acts of
execution which would have produced the death of WW were it
not for a cause independent of his will.
Correct answer A. Attempted Homicide, as RR was not able to inflict a mortal
: wound on WW by reason of a cause other than his own
spontaneous desistance.
2) Question : RR and SS have agreed and decided to rape TT. While on their
way to TT's house, they met UU whom the duo had advised of
their plan. Nevertheless, UU decided to go with them. At TT's
house, RR and SS took turns in raping her with UU holding TT's
arms during the entire incident. RR, SS and UU were later
prosecuted for rape. In case of conviction, UU is guilty as
_______.
Your answer : A. principal by direct participation, having personally taken part
therein by acts which directly tended to the same end
Correct answer A. principal by direct participation, having personally taken part
: therein by acts which directly tended to the same end
3) Question : DD, on the occasion of robbery, killed SS, DD's grandmother.
21
Your answer : B. No, since the accused did not catch them while having
sexual intercourse.
Correct answer B. No, since the accused did not catch them while having
: sexual intercourse.
25 Question : When committed outside the Philippine territory, our courts DO
) NOT have jurisdiction over the crime of
Your answer : D. rebellion.
Correct answer D. rebellion.
:
1) Question : During a war between the Philippines and Libya, SS, a Libyan
national who resides in the Philippines, entered an office of the Department
of National Defense in Manila. While inside, SS, in three sheets of paper,
wrote down information and data which he copied from a two-inch thick
journal with its cover page stamped marked "TOP SECRET". That same day,
SS, through mail, sent said sheets of paper to his friend ZZ, the Defense
Minister of the enemy country. The data and information gathered by SS
relates the defense of the Philippines. Of what crime may SS be charged?
Your answer : A. Treason under Article 114 of the Revised Penal Code.
Correct answer : A. Treason under Article 114 of the Revised Penal Code.
2) Question : Alarms and Scandals is committed by any person who shall ____.
Your answer : A. discharge any firearm, rocket, fire cracker, or other explosive
Correct answer : C. engaged in nocturnal amusements to disturb public peace
5) Question : Lotlot and Potpot, both hungry for not having eaten for two days,
intended to steal two cans of biscuit from a delivery truck loaded with said
products. They placed the biscuits inside their knapsacks. Before they could
jump out of the truck, they changed their minds and returned the two cans
of biscuits to the pile in the truck. At the moment, they were accosted by the
owner of the truck. Are Lotlot and Potpot liable of any crime?
Your answer : A. YES, they are liable of Attempted Theft because they
commenced the commission of Theft but were not able to perform all the acts of
execution because they were caught.
25
Correct answer : C. YES, they are liable Consummated Theft because they had
performed all the acts of execution the moment they gained possession of the
biscuit and desistance is too late.
7) Question : The accused's husband was still living when she contracted the
second marriage. Her defense was that she was advised by her husband's
relatives that he was already dead. Hence, she acted under mistake of fact.
Accused is _____.
Your answer : A. liable for bigamy
Correct answer : A. liable for bigamy
9) Question : The penalty one degree lower from Reclusion Temporal maximum
to death is ______.
Your answer : B. Prision Mayor maximum to Reclusion Temporal in its medium
period
Correct answer : A. Prision Mayor maximum to Reclusion Temporal in its
minimum and medium periods
10) Question : Rapots stole the cell phone of Jarred. Rapots gave the cell
phone to Tibor. Rapots told Tibor not to tell anybody that he is the source of
the cell phone. Tibor agreed and from then on kept, possessed and used the
cell phone. Is Tibor an accessory to the crime?
Your answer : C. No, because he is a principal in the crime of Fencing;
Correct answer : C. No, because he is a principal in the crime of Fencing;
26
13) Question : Arnaldo, a law student, was flunked in Roman Law by his
professor Atty. Reyes. Angered by this, Arnaldo waited for him and boxed
him on the face. Atty. Reyes suffered injuries and was medically attended for
3 days, Arnaldo committed _______.
Your answer : A. Direct Assault with slight Physical Injuries
Correct answer : D. Qualified Direct Assault
16) Question : Jaime, Marco and Carlo raped Shee-an. The three were
arrested and charged with Rape. Marco, who is single, offered to marry
Shee-an. Shee-an accepted the offer and they got married. What is the effect
of the marriage on the liabilities of the three?
27
Your answer : D. It shall extinguish only the liability of Marco as the rapes
perpetrated by Jaime and Carlo are separate and distinct from the liabilities of
Marco.
Correct answer : D. It shall extinguish only the liability of Marco as the rapes
perpetrated by Jaime and Carlo are separate and distinct from the liabilities of
Marco.
17) Question : Carter killed Dexter in the presence of Joe and Jordan, who
were both armed at the time of the killing. Dexter was not able to give a
fight because of the presence of Joe and Jordan who served as bodyguards
of Carter. What aggravating circumstance attended the crime?
Your answer : B. "With the aid of armed men".
Correct answer : B. "With the aid of armed men".
18) Question : Norman was charged with Murder. During the hearing, it
was proven that Norman killed the victim inside the latter's house without
any provocation. Norman should be imposed the penalty of _____.
Your answer : D. Reclusion Perpetua.
Correct answer : D. Reclusion Perpetua.
19) Question : What is the rule which provides that crimes committed on
board a foreign merchant vessel while on the body of water of another
country are not triable in the country unless they affect the peace and
security of that country?
Your answer : C. French rule
Correct answer : D. English rule
21) Question : Dr. Chow, a government doctor, failed to submit his Daily
Time Record (DTR) from January to March 2000 and did not get approval of
his sick leave application for April because of evidence that he was actually
moonlighting elsewhere. Thus, the medical Director caused the withholding
of his salary for the periods in question until he submitted his DTRs in May
2000. Can Dr. Chow prosecute the medical director for causing him undue
injury in violation of the Anti-Graft and Corrupt Practices Act?
Your answer : D. No, since Dr. Chow brought it upon himself, having failed to
submit the required DTRs.
Correct answer : D. No, since Dr. Chow brought it upon himself, having failed to
submit the required DTRs.
Your answer : C. two separate counts of light slander, one for each woman.
Correct answer : C. two separate counts of light slander, one for each woman.
25) Question : The three accused forcibly took their victim from his car but the
latter succeeded in freeing himself from their grip. What crime did the three
accused commit? Your answer : D. grave coercion. Correct answer : D. grave
coercion.
Your answer : D. Nestor committed Bigamy but is not liable because criminal
law is territorial in character.
Correct answer D. Nestor committed Bigamy but is not liable because criminal
: law is territorial in character.
18 Question : Josephine is a 17 year old widow. Ryan courted Josephine. Not
) long after, Ryan succeeded in having sexual intercourse with
Josephine under the pretext of marrying her. Which of the
following is correct?
Your answer : C. Ryan is liable for Simple Seduction because virginity is not
an element of the crime.
Correct answer C. Ryan is liable for Simple Seduction because virginity is not
: an element of the crime.
19 Question : Arnold was sentenced to pay a fine of P800.00 for a crime
) punishable by a fine not exceeding P2,000.00. In case of
insolvency, how long would be Gino's subsidiary imprisonment?
Your answer : B. Arnold shall suffer 100 days of subsidiary imprisonment
computed at the rate of P 8.00 a day;
Correct answer B. Arnold shall suffer 100 days of subsidiary imprisonment
: computed at the rate of P 8.00 a day;
20 Question : A police officer surreptitiously placed a marijuana stick in a
) student's pocket and then arrested him for possession of
marijuana cigarette. What crime can the police officer be
charged with?
Your answer : D. Complex crime of incriminating an innocent person with
unlawful arrest
Correct answer D. Complex crime of incriminating an innocent person with
: unlawful arrest
21 Question : X draws a check upon request of Y, the payee, who told X that
) he would merely show the check to his creditor to gain more
time to pay his account. The check bounced upon presentation
by the creditor. Under the circumstances, who can be
prosecuted for estafa based on the dishonored check?
Your answer : A. Y as the one who negotiated the check contrary to the
agreement
Correct answer A. Y as the one who negotiated the check contrary to the
: agreement
22 Question : Minority is a privileged mitigating circumstance which operates
) to reduce the penalty by a degree where the child is
Your answer : C. below 18 years acting with discernment.
Correct answer C. below 18 years acting with discernment.
:
23 Question : The crime of robbery in an inhabited house or public building is
) mitigated when the offenders
Your answer : D. although armed took property valued at only P200.
Correct answer D. although armed took property valued at only P200.
:
24 Question : A public officer who immediately returns the bribe money
32
1) Question : RR, with intent to kill, shot WW from a distance of ten (10)
meters. Because of poor aim, the latter was hit only on his left
earlobe. When WW retreated, RR pursued him while firing
several shots at WW. When he was cornered at a dead end, RR
pointed the gun at his head and pressed its trigger. It did not
fire as the gun had run out of bullets. By reason thereof, RR
left. For what crime may RR be validly indicted?
Your answer : A. Attempted Homicide, as RR was not able to inflict a mortal
wound on WW by reason of a cause other than his own
spontaneous desistance.
Correct answer A. Attempted Homicide, as RR was not able to inflict a mortal
: wound on WW by reason of a cause other than his own
spontaneous desistance.
2) Question : AA, a member of the AKO fraternity, hurled a hand grenade at
BB, CC, and DD, all members of KAU fraternity. When it
exploded, trio suffered serious physical injuries that
necessitated the amputation of either or both of their legs. In
the information charging AA of multiple frustrated murder,
treachery, abuse of superior strength, and "by means of
explosion" were alleged therein to have attended its
commission. In case the prosecution would be able to prove
AA's guilt to the crime charged, how would the foregoing
circumstances be appreciated?
Your answer : D. By means of explosion as a qualifying circumstance, and
treachery as generic aggravating circumstance.
Correct answer D. By means of explosion as a qualifying circumstance, and
: treachery as generic aggravating circumstance.
3) Question : RC took his sweetheart CR to TB, a private individual who, in
priestly attire and posing as Fr. BT of the Roman Catholic
Church, solemnized their marriage. Based on the foregoing,
what charge or charges may be properly filed against TB?
Your answer : C. Usurpation of authority under Article 177 of the Revised
Penal Code.
Correct answer B. Usurpation of official functions under Article 177 of the
: Revised Penal Code.
4) Question : ZZ is a member of the House of Representatives representing a
party-list group. Upon indictment for Illegal Assembly, a felony
punished by prision correccional in its maximum period to
33
prison mayor in its medium period, a warrant for his arrest was
issued. In case the said warrant would be implemented against
him while Congress is in regular session, may the arresting
officer be held liable for Violation of Parliamentary under the
Article 145 of the Revised Penal Code?
Your answer : D. No, because the maximum term of imprisonment prescribed
for the offense for which ZZ was arrested exceeds six (6) years.
Correct answer D. No, because the maximum term of imprisonment prescribed
: for the offense for which ZZ was arrested exceeds six (6) years.
5) Question : Direct assault is committed if a person in authority or his agent
was attacked while ______.
Your answer : A. performing his official duties, or the attack was by reason of
the past performance of official duty
Correct answer D. engaged in the performance of official duties, or on occasion
: of such performance
6) Question : Arbitrary detention is committed by _______.
Your answer : B. manifestly restraining the person or liberty of a one arrested
without warrant
Correct answer B. manifestly restraining the person or liberty of a one arrested
: without warrant
7) Question : A person is prima facie liable for Fencing if the proceeds of
robbery or theft are found in his _____.
Your answer : A. possession
Correct answer A. possession
:
8) Question : A public officer commits a corrupt act, under RA 3019, the
moment he _____.
Your answer : A. receives, directly or indirectly, any gist, present, share,
percentage, or benefit in correction with any contract
transaction between the government and any other party
Correct answer B. accepts employment in a private enterprise which has a
: pending official business with him within one year after its
termination
9) Question : The essence of sexual harassment in a workplace is the _____.
Your answer : B. superior's act of taking advantage of his subordinate
Correct answer D. use of sex a power or means of dominion
:
10 Question : Habitual delinquency is limited only to which of the following
) six felonies?
Your answer : C. Falsification, Robbery, Estafa, Theft, Serious Physical
Injuries, Less Serious Physical Injuries.
Correct answer C. Falsification, Robbery, Estafa, Theft, Serious Physical
: Injuries, Less Serious Physical Injuries.
11 Question : The Three Fold Rule applies only if a convict were to suffer at
) least ____ penalties.
Your answer : B. three (3)
34
1) Question : Under the Anti-Fencing Law of 1979 (P.D. 1612), which of the
following circumstances constitutes prima facie evidence of
fencing?
Your answer : B. Mere possession of any item or anything of value which has
been the subject of robbery or thievery;
Correct answer B. Mere possession of any item or anything of value which has
: been the subject of robbery or thievery;
2) Question : DD, on the occasion of robbery, killed SS, DD's grandmother.
In case DD would be charged and convicted of Robbery with
Homicide (Art. 294 [a], RPC), how should his relationship with
the victim affect his criminal liability?
Your answer : B. As an aggravating circumstance under Article 15 of the
Revised Penal Code.
Correct answer A. As a mitigating circumstance under Article 15 of the Revised
: Penal Code.
3) Question : One of the essential elements of the crime of fencing is that a
crime of robbery or theft has been committed. For this element
to be present _________.
Your answer : C. a finding of probable cause to charge the offender of
robbery or theft would suffice
Correct answer B. the offender in theft or robbery must first be convicted by
: final judgment thereof
4) Question : Anyone who acts in defense of his person or rights does NOT
incur criminal liability provided the following requisites are
present:
Your answer : C. Unlawful aggression on the part of the victim, reasonable
necessity of the means, employed to prevent the attack, and
lack of sufficient provocation on part of the accused.
Correct answer C. Unlawful aggression on the part of the victim, reasonable
: necessity of the means, employed to prevent the attack, and
lack of sufficient provocation on part of the accused.
5) Question : Accused gave the 10 pieces of five-peso coin the appearance of
10 ten-peso coin by making it silver plated on the outer portion
and used the money to by canned goods. Accused is liable for
_____.
Your answer : A. Estafa
37
Your answer : C. Ryan is liable for Simple Seduction because virginity is not
an element of the crime.
Correct answer C. Ryan is liable for Simple Seduction because virginity is not
: an element of the crime.
19 Question : X entered an enclosed estate despite the written notice "No
) trespassing". He climbed the mango tree inside and gathered
half ripe fruits. X committed the crime of ______.
Your answer : B. Theft
Correct answer B. Theft
:
20 Question : A free for all fight erupted at the Melvin Jones Grandstand.
) After the smoke of battle had cleared, Jovit was found dead. X
was identified as the person who stabbed Jovit to death. X is
liable for ______.
Your answer : C. Homicide
Correct answer C. Homicide
:
21 Question : X replaced the amount of 10 dollars to 100 dollars. The
) alteration is so imperfect that is very visible. Which of the
following is true?
Your answer : C. X is not liable for Counterfeiting because it does not have
the appearance of a genuine currency.
Correct answer C. X is not liable for Counterfeiting because it does not have
: the appearance of a genuine currency.
22 Question : Julian, a policeman pursued an armed prisoner who had just
) escaped from jail. He fired at the latter when he refused to be
captured. The slug fired from the pistol hit the leg of the
prisoner and thereafter also hit and injured X, a person nearby.
Which of the following is correct?
Your answer : C. Julian is not criminally liable because being in the fulfillment
of a duty he was not committing a felony.
Correct answer C. Julian is not criminally liable because being in the fulfillment
: of a duty he was not committing a felony.
23 Question : The maxim "Nullum crimen nula poena sine lege" means that
)
Your answer : D. crime is a product of the law.
Correct answer D. crime is a product of the law.
:
24 Question : To save himself from crashing into an unlighted truck
) abandoned on the road, Jose swerved his car to the right
towards the graveled shoulder, killing two bystanders. Is he
entitled to the justifying circumstance of state of necessity?
Your answer : C. Yes, since the instinct of self-preservation takes priority in an
emergency.
Correct answer C. Yes, since the instinct of self-preservation takes priority in an
: emergency.
25 Question : Deeply enraged by his wife's infidelity, the husband shot and
40
1) Question : Alarms and Scandals is committed by any person who shall ____.
Your answer : A. discharge any firearm, rocket, fire cracker, or other
explosive Correct answer : C. engaged in nocturnal amusements to disturb
public peace
5) Question : Lotlot and Potpot, both hungry for not having eaten for two days,
intended to steal two cans of biscuit from a delivery truck loaded with said
products. They placed the biscuits inside their knapsacks. Before they could
jump out of the truck, they changed their minds and returned the two cans
of biscuits to the pile in the truck. At the moment, they were accosted by the
owner of the truck. Are Lotlot and Potpot liable of any crime?
Your answer : A. YES, they are liable of Attempted Theft because they
commenced the commission of Theft but were not able to perform all the acts of
execution because they were caught.
Correct answer : C. YES, they are liable Consummated Theft because they had
performed all the acts of execution the moment they gained possession of the
biscuit and desistance is too late.
7) Question : The accused's husband was still living when she contracted the
second marriage. Her defense was that she was advised by her husband's
relatives that he was already dead. Hence, she acted under mistake of fact.
Accused is _____.
Your answer : A. liable for bigamy
Correct answer : A. liable for bigamy
9) Question : The penalty one degree lower from Reclusion Temporal maximum
to death is ______.
Your answer : B. Prision Mayor maximum to Reclusion Temporal in its medium
period
Correct answer : A. Prision Mayor maximum to Reclusion Temporal in its
minimum and medium periods
10) Question : Rapots stole the cell phone of Jarred. Rapots gave the cell
phone to Tibor. Rapots told Tibor not to tell anybody that he is the source of
the cell phone. Tibor agreed and from then on kept, possessed and used the
cell phone. Is Tibor an accessory to the crime?
Your answer : C. No, because he is a principal in the crime of Fencing;
Correct answer : C. No, because he is a principal in the crime of Fencing;
14) Question : Arnaldo, a law student, was flunked in Roman Law by his
professor Atty. Reyes. Angered by this, Arnaldo waited for him and boxed
him on the face. Atty. Reyes suffered injuries and was medically attended for
3 days, Arnaldo committed _______.
Your answer : A. Direct Assault with slight Physical Injuries
Correct answer : D. Qualified Direct Assault
17) Question : Jaime, Marco and Carlo raped Shee-an. The three were
arrested and charged with Rape. Marco, who is single, offered to marry
Shee-an. Shee-an accepted the offer and they got married. What is the effect
of the marriage on the liabilities of the three?
Your answer : D. It shall extinguish only the liability of Marco as the rapes
perpetrated by Jaime and Carlo are separate and distinct from the liabilities of
Marco.
Correct answer : D. It shall extinguish only the liability of Marco as the rapes
perpetrated by Jaime and Carlo are separate and distinct from the liabilities of
Marco.
18) Question : Carter killed Dexter in the presence of Joe and Jordan, who
were both armed at the time of the killing. Dexter was not able to give a
fight because of the presence of Joe and Jordan who served as bodyguards
of Carter. What aggravating circumstance attended the crime?
Your answer : B. "With the aid of armed men".
Correct answer : B. "With the aid of armed men".
19) Question : Norman was charged with Murder. During the hearing, it was
proven that Norman killed the victim inside the latter's house without any
provocation. Norman should be imposed the penalty of _____. Your answer :
D. Reclusion Perpetua. Correct answer : D. Reclusion Perpetua.
20) Question : What is the rule which provides that crimes committed on
board a foreign merchant vessel while on the body of water of another
country are not triable in the country unless they affect the peace and
security of that country?
Your answer : C. French rule
Correct answer : D. English rule
43
22) Question : Dr. Chow, a government doctor, failed to submit his Daily
Time Record (DTR) from January to March 2000 and did not get approval of
his sick leave application for April because of evidence that he was actually
moonlighting elsewhere. Thus, the medical Director caused the withholding
of his salary for the periods in question until he submitted his DTRs in May
2000. Can Dr. Chow prosecute the medical director for causing him undue
injury in violation of the Anti-Graft and Corrupt Practices Act?
Your answer : D. No, since Dr. Chow brought it upon himself, having failed to
submit the required DTRs.
Correct answer : D. No, since Dr. Chow brought it upon himself, having failed to
submit the required DTRs.
25) Question : The three accused forcibly took their victim from his car but
the latter succeeded in freeing himself from their grip. What crime did the
three accused commit? Your answer : D. grave coercion.
Correct answer : D. grave coercion.