CRIMINAL LAW BOOK 1

MULTIPLE CHOICE EXAMINATION. Chose the correct answer of the following.

1. Under Article 3 of the revised penal code. felony is an act or omission which is
punishable by law. The question is “An act or omission of the offender is not
malicious. nor intentional. It is merely the incident or another's act performed
without malice.”

A. Intentional Felony
B. Culpable Felony
C. Accidental Felony
D. Incidental Felony

2. Which of these is NOT a requisite of “avoidance of greater evil or injury"?

A. That the injury feared be greater than the injury done to avoid it
B. That the means used to avoid the injury is lawful
C. That the evil sought to be avoided actually exists
D. That there be no practical or less harmful means of preventing it

3. Which is NOT a common requisite in justifying seIf-defense. defense of a

relative and defense of a stranger?

A. none of these
B. unlawful aggression
C. reasonable necessity of the means employed to prevent or repel it
D. the person defending be not induced by revenge, resentment, or other evil
motive

4. What is the deliberate planning of an act before execution?

A. Treachery
B. Cruelty
C. ignominy
D. Premeditation

5. Persons who are criminally liable. when having knowledge of the commission
of a crime without having principally participated therein. take part subsequent
to the commission of the crime. either in profiting, earnings, received, take
delivery of, be given and/or obtained by the effects of the crime or concealing
or destroying the body of the crime?

A. witnesses
B. principals
C. accessories
D. accomplices

6. Under the revised penal code, are negligence and imprudence considered
crimes?

A. Partially No
B. Wholly No
C. Wholly Yes
D. Partially Yes

7. Which of the following aggravating circumstances may NOT be offset by

mitigating circumstances?
A. treachery
B. ignominy
C. nighttime
 D. taking advantage of superior strength

8. The Head of a State or Ambassador 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 characteristics of criminal law which is:

A. perspectivity
B. territoriality
C. generality
D. immunity

9. In what instance can alibi (weakest defense) acquire commensurate strength

in evidential value?

A. when it changes the burden of proof

B. when the evidence for the prosecution is strong
C. where no positive and proper identification has been satisfactory made
D. When questions on whether or not the accused committed the offense are
clear

10. A truck loaded with stolen boxes of rifles was on the way out of the checkpoint
in South harbor surrounded by a tall fence when a security guard discovered
the boxes on the truck. What crime was committed?

A. attempted felony
B. consummated felony
C. frustrated felony
D. none of these

11. What are those circumstances which are either aggravating or mitigating
according to the nature and effects of the crime and other conditions attending
its commission?

A. justifying
B. Mitigating
C. Aggravating
D. alternative

12. There Is _____ if the killing was considered beforehand and that it was
motivated by more than a simple desire to engage in an act of violence.

A. implied malice C. express malice

B. deliberation. D. premeditation

13. Which of the following circumstances are considered mitigating?

A. All of these
B. Offender had no intention to commit so grave a wrong as that committed
C. Offender is over seventy (70) years old
D. Incomplete justifying and incomplete exempt service

14. Which of the following is an exempting circumstance?

A. An act done under the impulse of an uncontrollable fear of an equal or

greater injury
B. An act done in obedience to an order by a superior for some lawful
purpose.
C. Having acted upon an Impulse so powerful as to have naturally produced
passion and obfuscation
D. An act done in fulfillment of a duty or in the lawful exercise of a right or
office
15. Which is NOT a requisite before a court can validly exercise its power to hear
and try a case?
A. NONE OF THESE
B. It must have the jurisdiction over the subject matter
C. It must have the jurisdiction over the person of the accused
D. It must have jurisdiction over the territory where the offense was
committed
16. This characteristic of criminal law is enounced In Article 366 of the Revised
Penal Code: crimes are punished under the laws enforced at the time of their
commission.
A. Prospective. C. Territorial
B. General D. Preferential
17. Which characteristic of criminal law is described by the following statement:
criminal laws are undertaken to punish crimes committed in Philippine
territory?

A. General C. Prospective
B. Preferential D. Territorial

18. What will be the effect on the criminal liability of the accused that was sane
when he committed the crime, but becomes insane at the time of trial?

A. He is exempt from criminal liability under par.1 of Art. 12 of the RPC

B. He is still criminally liable but his trial will be suspended until his mental
capacity will be restored to afford a fair trial
C. His criminal liability will be extinguished
D. None of these

19. What is the effect of the death of the offended party in a criminal action for
libel?

A. No effect at all
B. The criminal liability is partially extinguished
C. The criminal liability is extinguished
D. The criminal liability is not extinguished

20. Which of the following statement is NOT true?

A. In vindication, the grave offense must be made directly only to the person
committing the felony
B. In vindication, the vindication of the grave offense must be proximate
which admits of an interval of time between the grave offense done by the
offender and the commission of the crime by the accused
C. In provocation, it is necessary that the provocation or threat immediately
preceded the act or there must be no interval of time between the
provocation and the commission of crime
D. In provocation, the cause that brought about the provocation need not be
a grave offense

21. Who is exempt in all cases? from criminal liability?

A. A person under nine years of age

B. An imbecile
C. An insane
D. Recidivist

22. Which of the following is a mitigating circumstance?

A. Having acted upon an impulse so powerful as naturally to have produced

passion and obfuscation
B. An act done in obedience to an order by a superior for some lawful
purpose
 C. An act done under the Impulse of an uncontrollable fear of an equal or
greater injury
D. An act done under the compulsion of an Irresistible force
23. Criminal law applies to all person who commit felonies in Philippine territory.
The exception to this rule are except;
A. By virtue of treaty stipulations
B. By laws of preferential application
C. By principle of public international law
D. By habitual delinquency
24. Reclusion Perpetua is a penalty prescribed under the RPC while life
imprisonment is a penalty under special laws, Reclusion Perpetua has
accessories penalties life imprisonment has no accessory penalties; In
Reclusion Perpetua, the accused is entitled to parole atter serving 30 years
imprisonment. Life imprisonment has no fixed duration. This statement is –
A. Absolutely false, it should be the other way around
B. True, as they are correctly distinguished
C. Partially true
D. Partially false
25. Complex crimes or delito continuado or mandate that only one information
should be filed against the offender; the term “continuing crime" is more
pertinently used with reference to the-
A. place where the crime is committed
B. venue where the criminal action may be instituted
C. person who committed the crime
D. time of the commission of the crime

26. Having sexual intercourse with a woman who is already dead but the offender
thought that she was alive. Rape cannot be committed against dead woman.
Rape is now a crime against persons under RA 8353. It is no longer a crime
against chastity that it used to be under Art. 335 of the Revised Penal Code.

A. Hence, the law should be repealed

B. Hence, rape is an impossible crime for women
C. Hence, there is now an impossible crime of rape
D. Hence, rape is not applicable to a dead person

27. Treachery is present in crimes against. persons only. Its essence is that the
victim has no opportunity to defend or retaliate from the attack made by the
offender. Thus, the accused had sexual intercourse with the victim who was
sleeping and therefore had no chance to defend herself, is there treachery?

A. Yes, there is treachery because rape is now a crime against person and no
longer crime against chastity
B. Yes, because the victim was a woman.
C. No, because deep sleep is not a defense
D. No, because in treachery the victim must be fully awake.

28. Refers to that cause which is natural, is a continuous sequence, unbroken by

any efficient superseding ground, produces the injury and without which result
would not have occurred

A. proximate cause C. overt acts

B. intervening cause D. active force

29. It is the portion of he acts constituting the felony, starting from the point where
the offender begins the commission of the crime to the point where he has
control over his acts.

A. objective phase C. grave felonies

B. subjective phase D. all of the above
30. Generally there are punishable only when they have been consummated, with
the exemption of those crimes committed against persons or property.

A. light felonies C. grave felonies

B. less grave felonies D. all of the above

31. Generally they are punishable only when they have been consummated, with
the exemption of those crimes committed against persons or property.

A. justifying C. aggravating
B. exempting D. mitigating

32. A inflicted slight physical injuries to B without intention to inflict other injuries,
B then attacked A is an example of:
A. self-defense C. retaliation
B. intervening cause D. proximate cause

33. The basis of this circumstance affecting liability is the complete absence of
freedom of action, intelligence, intent or negligence on the part of the accused.

A. Justifying C. aggravating
B. exempting D. mitigating

34. Under our laws, what is the age of full responsibility?

A. 9 years and below of infancy

B. Between 9 and 15 years
C. 18 to 70 years of age (adolescence to maturity)
D. Over 9 under 15 acting with discernment, 15 or over but not less than 18,;
over 70 years of age.

35. When rape is committed and the victim was killed, the mandatory civil
indemnification shall be:

A. 30, 000 C. 100, 000 D. 500, 000

36. Age of absolute irresponsibility.

A. 9 years and below of infancy

B. Between 9 and 15 years
C. 18 to 70 years of age (adolescence to maturity)
D. Over 9 under 15 acting with discernment, 15 or over but not less than 18,;
over 70 years of age.

37. Which among of the following may be considered as an alternative

circumstance?

A. relationship
B. intoxication
C. degree of instruction and education of the offender
D. all of the foregoing

38. X and Y stabbed Z in the process. X and Y are considered:

A. principal by direct participation

B. principal by induction
C. principal by indispensable cooperation
D. co-principals

39. It refers to those penalties expressly imposed by the court in the judgment of
conviction –
A. principal penalties C. subsidiary penalties
B. accessory penalties D. fine

40. In the crime of theft, the culprit is duty-bound to return the stolen property.

A. restitution
B. reparation
C. civil liability
D. indemnification for consequential damages

41. Crimes punishable by correctional penalties; except those punishable by

arresto mayor shall prescribe in how many years?

A. 20 years B. 15 years C. 10 years D. 5 years

42. It includes rivers, creeks, bay, gulfs, lakes, straits, coves lying wholly within the
three mile limit of any nation.

A. maritime zone C. low water mark

B. interior waters D. high seas

43. It makes criminal act done before the passage of the law which was innocent
when done, and punishes it.

A. ex post facto law C. law of preferential application

B. bill of attainder D. self-repealing laws

44. Refers to one of the three equal portions, called minimum, medium and
maximum of a divisible penalty.

A. degree B. prescription C. period D. duration

45. Under RA 7659, the death penalty may be suspended when the accused is
among the foregoing: except:

A. A woman while pregnant

B. Persons over 70 years old
C. Woman within one year after delivery
D. Persons over 18 but under 21 years of age

46. Which among the foregoing is not a requisite for Dolo?

A. Intelligence B. Intent C. Deceit D. Freedom

47. Refers to the loss of the right of the state to prosecute the offender after
certain lapse of time.

A. Prescription of the crime C. Degree of the Penalty

B. Prescription of the penalty D. Period of the Penalty

48. Things which are wrongful in their nature.

A. Evil C. Mala Inse

B. Mala ince D. Mala prohibita

49. Felonies punishable by death, reclusion perpetua and reclusion temporal shall
prescribe in:
A. 20 years B. 10 years C. 15 years D. 5 years

50. Acts and omissions punishable by law.

A. Dolo B. Felonies C. Culpa D. Crime

51. Ariel intending to kill Jiggs to avenged lost honor, stabbed the latter three
times in the chest, however due to prompt medical attention Jiggs was able to
survive the attack, Ariel is liable for:

A. Physical injuries C. Frustrated Homicide

B. Attempted Homicide D. Frustrated Murder

52. When all the elements necessary for the execution ad accomplishment of a
felony present it is said to be:

A. Consummated C. Frustrated
B. Attempted D. Negligence

53. It is a physical activity or deed, indicating the intention to commit a particular

crime.

A. Act B. Fault C. Omission D. Over Act

54. Abberatio ictus refers to:

A. Mistake of the facts C. Mistakes in the blow

B. Mistake of the identity D. Ignorance of the law

55. What must be considered in determining whether the crime committed is only
attempted, frustrated or consummated?

A. nature of the offenses

B. elements constituting the felony
C. manner of commission
D. all of these

56. Refers to crimes consummated in one instant or by single act.

A. formal crime C. rational crimes

B. informal crime D. irrational crimes

57. Refers to the obligation or suffering the consequences of crime.

A. Imputability C. Liability
B. Culpability D. Responsibility

58. A quality in which an act may be ascribed to a person as the author or owner.

A. Imputability C. Liability
B. Culpability D. Responsibility

59. Refers to felonies which the law imposes penalties which are correctional in
nature.

A. Grave C. Light
B. Less Grave D. Serious

60. When the law attaches capital; punishment or afflictive penalties the felony is
said to be?

A. Less grave B. Grave C. Light D. Slight

61. Light felonies are made punishable only when they are:
A. Consummated C. Frustrated
B. Attempted D. Intended

62. Exemption to the general rule un cases of light felonies.

A. When committed against persons

B. When committed against chastity
C. When committed against honor
D. When committed against liberty

63. It exists when two or more persons come to an agreement to commit a felony.

A. Plan C. Piracy
B. Conspiracy D. Proposal

64. What occurs when a person who have decided to commit a felony
recommends its execution to some other person?

A. Conspiracy C. Proposal
B. Piracy D. None of the above

65. Acts of a person which are said to be in accordance with the law, so that such
person is deemed not to have transgressed the law and is free from both
criminal and civil liability except for sate of necessity.

A. Justifying circumstances C. Exempting circumstances

B. Mitigating circumstances D. Aggravating circumstances

66. Equivalent to assault or at least threatened assault of an immediate nature.

A. Intent C. Dolo
B. Culpa D. Unlawful aggression

67. The following are the requisites for self-defense, except:

A. Unlawful aggression
B. Reasonable necessity of the means employed to prevent or repel it
C. Lack of sufficient provocation on the part of the person defending himself
D. Lack of intent on the part of the person defending himself

68. Refers to circumstances which attendant in the commission of a crime serve to

increase the penalty, without however exceeding the maximum of the penalty
provided by law for the offense.

A. Justifying C. Mitigating
B. Exempting D. Aggravating

69. Infraction to the law punishable by arresto menor or a fine not exceeding 200
pesos or both.
A. Grave B. Slight C. Light D. Less grave

70. They are aggravating circumstances which change the nature of the crime,
e.g. homicide to murder in case of treachery.

A. Generic C. Qualifying
B. Specific D. Inherent

71. Refers to aggravating circumstance which apply only to particular crimes,

A. Specific B. Generic C. Qualifying D. Inherent

72. Refers to a building or structure exclusively used for rest or comfort.

A. House B. Dwelling C. Home D. all of the these

73. Whenever more than three armed malefactors shall have acted together in the
commission of an offense it is deemed to have been committed by:

A. Group C. Band
B. Brigands D. Team

74. Which of the following enumeration is an example of an afflictive penalty?

A. Fine C. Distierro
B. Arresto mayor D. Prison mayor

75. Refers to a person who at the time of his trial for a crime shall have been
previously convicted by final judgment of another crime embraced in the same
title of RPC.

A. Delinquent C. Recidivist
B. Habitual delinquent D. Offender

76. A person who has within a period of 10 years from the date of release or last
conviction is said to have been found guilty of the same offense particularly
those of physical injuries, estafa, theft and robbery is considered as a:

A. Recidivist C. Habitual delinquent

B. Delinquent D. Quasi-recidivist

77. Any person who shall commit a felony while serving his sentence with a
previous conviction is classified as a:

A. Recidivist C. Habitual delinquent

B. Delinquent D. Quasi-recidivist

78. Which among the following is not among the requisites of evident
premeditations?

A. Sufficient lapse of time

B. Time when the offender decided to commit the felony
C. Act indicating that has clung to his determination
D. Deliberate intent

79. It involves trickery and cunning on the part of the offender.

A. Craft C. Fault
B. Deceit D. Intent

80. Gloria lends Nany a bolo which was used in the murder of Mike is liable as an:

A. Principal C. Accomplice
B. Accessory D. Conspirator

81. Persons who aide the felons to hide a way evidences or profit from the fruits of
the crime are said to be:
A. Principals C. Accomplices
B. Accessories D. Conspirators

82. The following are exempt from criminal liability as accessories in cases that
the principal should be the foregoing relatives, except:
 A. Spouse C. Descendant
B. Ascendant D. Cousins

83. Capital punishment or maximum penalty imposed by law.

A. Reclusion perpetua C. Arresto mayor

B. Reclusion temporal D. Death by lethal injection

84. Which among the foregoing is considered as the primary source of criminal
law?

A. Act No. 3815 C. Penal Presidential Decree

B. Special Penal Laws D. Constitution

85. Those punishable by arresto mayor penalties shall prescribe in how many
years?
A. 20 years B. 15 years C. 10 years D. 5 years

86. It is the forfeiture of the right of the state to execute the final sentence after a
certain lapse of time.
A. prescription of the crime C. degree of penalty
B. prescription of the penalty D. period of penalty

87. It is the branch or division of law which defines crimes, treats of their nature
and provide for their punishment.
A. civil law C. procedural law
B. criminal law D. period of penalty

88. Refers to a sentence of imprisonment for the maximum period define by law
subject to the termination by the parole board at any time after service of the
sentence.
A. suspension C. prescription
B. intermediate sentence D. period of penalty

89. Refers to the purpose to use a particular means to affect such result.

A. Motive B. Intent C. Deceit D. Fault

90. John Commences with the execution of a felony but fails to perform all acts
which should produce it, the development or stage refers to:

A. Consummated C. Frustrated
B. Attempted D. Negligence

91. Any bodily movement that tends to produce some effect in the external world.
A. Act B. Omission C. Dolo D. Culpa

92. Libel and other similar offenses shall prescribe in how many years?

A. 15 years B. 10 years C. 5 years D. 1 year

93. An entire penalty enumerated in the graduated scale of penalties.

A. Duration B. Degree C. Prescription D. Period

94. Refers generally to acts made criminal by special laws.

A. Felony B. Mala inse C. Mala prohibita D. Mala Ince

 95. Refers to alevosia, or means and methods employed to insure its execution.

A. Craft B. Intent C. Deceit D. Treachery

96. It pertains to moral order, adding disgrace to the material injury caused by the
crime.
A. Craft C. Ignominy
B. Treachery D. Evident premeditation

97. The following circumstances are always mitigated in terms of alternative

circumstances, except:
A. Low degree of education
B. Intoxication wherein the drunk person has not intended it or not a habitual
drunkard
C. Relationship in crimes against property
D. Relationships in crimes against persons

98. An aggravating circumstance which come in the commission of the crime

A. Generic B. Qualifying C. Inherent D. Specific

99. Poly stabbing Army is considered as a:

A. Accessory B. Principal C. Accomplice D. Instigator

100. Emil persuades Jude to steal from his boss is a principal by:
A. Direct participation C. Indispensable cooperation
B. Induction D. Instigation

Criminal Law Review Questions 1

1. A Branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.
A. Procedural Law
B. Civil Law
C. Criminal Law
D. Political Law

2. One of the following is not a characteristic of criminal law.

A. General
B. Territorial
C. Prospective
D. Retroactive

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.