Latin maxim. crime is committed without criminal intent...

ANS: Mallum prohibitum

Supposed Borja, a public officer who entered Don Emilio's house. Above the door indicated sign of No
entry but never mind the dog beware to owner. He is liable for...

ANS: Violation of domicile

Intelligence is an element of felony to prove otherwise, is to prove that the accused is in...

ANS: Deprive of cognition when the crime was committed

Felony is not committed by omission, only overt act .this statement is...

ANS: False, felony is an act or omission punishable by law

From the foregoing situation, suppose that the crime committed by Hipolito is is punishable by grave
offense, for Cardo to be liable for the arbitrary detention Hipolito should be delivered to the proper
judicial authority for period of...

ANS: more than 36 hours

From the foregoing situation, suppose that the crime committed by Hipolito is under the law punishable
by light offense. For Cardo to be liable for the crime of arbitrary detention Hipolito should be delivered
to proper judicial authority within the period of...

ANS: more than 12 hours

Cardo is a police officer, Hipolito is a private person, Cardo arrested Hipolito without a warrant for the
crime. From the foregoing situation, suppose that the crime committed by Hipolito is under the law
punishable by less grave offense, for Cardo to be liable for arbitrary detention, Hipolito should be
delivered to the proper judicial authority within the period of...

ANS: More than 18 hours

What is this phase in the commission of the crime which do not stop the commission of the crime
because of spontaneous desistance by the presence of the police until he performs all the acts of
execution that would produce the felony...

ANS: Objective

Durant deprived Harden of his liberty, Durant is a public officer, Harden is a government employee also,
the investigation revealed that the deprivation of liberty is without legal ground, what crime is
committed by Durant...

ANS: Arbitrary detention

Which of the following are the elements of mistake of facts...

1. The act done would have been lawful had the fact been the accused believed them to be

2. That the intention of the accused in performing the act is lawful

3. That the mistake must be without fault or carelessness of the accused

ANS: 1, 2, 3

When in the commission of the crime the exercise of freedom is absent, which of the following is the
applicable modifying circumstances...

ANS: exempting

Which of the following is not arbitrary detention under the RPC...

ANS: arbitrary detention - Art 269

The killing of a spouse or a daughter who is minor or under circumstances as provided under Article 247
RPC...

ANS: Parricide

Preparatory act is the development of crime, in punishing preparatory act's...

ANS: are overt act in the attempted stage of a specific crime

What is the modifying circumstances that lower the penalty imposed upon the convicted offender...

ANS: Mitigating

Pinuno is the Philippine Ambassador deployed to the Republic of Japan. Suppose in the foregoing
situation, Pinuno committed a crime in connection with the performance of his official function inside
the Philippine embassy will he be criminally liable under the criminal law of Philippines...

ANS: Yes under extra territorial application characteristic of our criminal law

From the foregoing situation, suppose that while being escorted to attend the trial of his case for the
crime of murder, HIPOLITO escaped after 30 years chance upon Hipolito and arrested the latter for the
crime of murder did the crime prescribed...

ANS: No because the case has been filed already and HIPOLITO escaped

SITUATION: Cardo is a police officer, Hipolito is the offender

From the foregoing situation, suppose that while being escorted to attend the trial of his case for the
crime of murder, HIPOLITO escaped, after more than 20 years chanced upon HIPOLITO and arrested the
latter for the crime of murder by officer Cardo. Did the penalty prescribe for the crime of murder...

ANS: No, because Hipolito was not yet convicted of a crime

From the foregoing situation, suppose that Lakas killed GANDA and the latter is his illegitimate daughter
and GANDA's age is merely less than 3 days old what crime is committed by LAKAS...

ANS: Infanticide

SITUATION: Cardo is a police officer, Hipolito is the offender, Lakas is the victim
From the foregoing situation supposed that an investigation was conducted for The killing of LAKAS and
after more than 6 years of investigation CARDO discovered that Hipolito is the perpetrator and is already
dead, the wife of Lakas wanted to pursue the criminal case, what advise can you give to wife of LAKAS...

ANS: That the death of HIPOLITO absolutely extinguishes the criminal liability

From the foregoing situation, suppose that Hipolito killed Oligario, the latter is niece of Hipolito. The age
of Oligario is less than 12 years old. What is the crime committed by Hipolito….

ANS: Murder

From the foregoing situation, suppose that Hipolito killed Oligario, the latter is related by blood to
Hipolito the age of Hipolito is less than 12 years of age…

ANS: Parricide

SITUATION: Hipolito is the offender, Oligario is the victim

From the foregoing situation, suppose that Hipolito killed Oligario, Hipolito is uncle of Oligario, Oligario is
more than 12 years of age, what is the crime committed by HIPOLITO…

ANS: Murder

What is the crime committed by a person who shall have a carnal knowledge with a woman without the
consent of the latter…

ANS: Rape

Who appears to be offended party in criminal case…

ANS: The people of the Philippines

Which of the following public officer cannot be liable for the crime of arbitrary detention…

ANS: Chief finance officers of the city

Robbery with homicide is committed when the…

ANS: Crime of homicide is committed on occasion of robbery

James deprived Tatum of his liberty James is police officer Tatum is a government employee also. The
investigation revealed that the deprivation is with legal ground although the same is without warrant of
arrest when will James considered to have been committed arbitrary detention.

ANS: The moment Tatum is not delivered to proper judicial authority within applicable reglementary
period

Violation of penal laws, that forbids, or commands is…

ANS: Felony

The criminal liability in arbitrary detention attached the moment that the person is…

ANS: detained by public officer without warrant

PSSgt Ace enter the house of another, there is no signage prohibiting the entry thereto. Ace entered the
house surreptitiously; Ace may be liable for the crime of violation of domicile if the owner of the house
discovered Ace inside the house…

ANS: and once requested to leave refused to do so

Piracy as defined under article 122 of the revised penal code can be committed only…

ANS: in the high sea

The following is the meaning of corpus delicti, EXCEPT…

ANS: the order to produce the body

What is this theory in criminal law wherein the exercise of free will is recognized however the person still
commit a crime contrary to his volition…

ANS: classical

A person committed the crime of rape as amended he/she is committing

ANS: felony

A father who killed daughter under circumstances provided by article 247 of the revised penal code is…

ANS: liable for the penalty of destiero

When the killing of a person is attended by circumstances as stated under article 248 of the revised
penal code. It is…

ANS: murder

What is the meaning of carnal knowledge in the crime rape…

ANS: coition

In the commission of the crime, the accused did not stop because of spontaneous desistance until he
perform all acts of execution but does not produce felony. The commission of the crime is in the stage…

ANS: frustrated

From the foregoing situation, suppose that ambassador Pinuno committed an act which under the law of
Japan is considered as penal law can the Government of Japan prosecute Pinuno…

ANS: Yes under the extra territoriality characteristics of japan criminal law

From the foregoing situation supposed that Pinuno is a Japanese ambassador of Japan to the Philippines,
outside the performance of his public office. Pinuno committed an act which is punishable under
Philippine law the characteristic of criminal law to be applied is…

ANS: Generality

SITUATION: Pinuno is Philippine ambassador based in Japan.

1048
From the foregoing situation, suppose that while in the performance of his office. Pinuno committed an
act punishable under the Philippine law. The characteristic of criminal law to be applied is…

ANS: Extra territoriality

When a Filipino kills a Chinese on board a vessel bearing the flag of Mexico while the vessel is in
Philippine waters may the criminal law of the Philippine apply…

ANS: Yes, the Philippine criminal law is applicable

An act or omission punishable by the RPC is called…

ANS: Felony

How is direct assault committed…

ANS: Both ‘A’ and ‘B’

What is the gravamen of the offense of illegal association under Art. 147, RPC…

ANS: Forming of an organization, or association, corporation, for the purpose of criminal activities
prohibited by the RPC or Special Laws against public moral (public interest) or any act prejudicial to
public welfare

What is the gravamen of the offense of illegal assembly under Art. 146, RPC… B

ANS: Mere gathering of men for unlawful purpose in violation of RPC or Special Laws

Parliamentary immunity includes protection from…

ANS: Civil and criminal liability

Violation of Art. 143, RPC or Acts tending to prevent meeting of the assembly and similar bodies is
committed when any person prevents a projected meeting or actual meeting of any of the following,
EXCEPT…

ANS: Barangay Council

The following are the punishable acts in inciting to sedition (Art. 142, RPC) EXCEPT…

ANS: Furnishing false evidence, forged signature or spurious evidence (punishable act in Terrorism)

The following are the distinction of rebellion and coup d’etat, EXCEPT…

ANS: In rebellion, the objective is to destabilize or immobilize or paralyze the existing government; in
coup d’etat, the objective is to overthrow the government and establish their own

This crime is committed by rising publicly and taking arms against the government for removing from
allegiance to said government or its laws, the territory of the Philippines or any part thereof, or any body
of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives…

ANS: Rebellion
The following are the elements of Treason EXCEPT…

ANS: Offender is a Filipino citizen

The following are crimes against national security and the law of nations EXCEPT…

ANS: Rebellion

Special time allowance given to prisoners who opted to stay in prison during calamity or catastrophe is…

ANS: 2/5 of the period of his sentence.

The offender who evade the service of sentence on the occasion of disorders, conflagrations,
earthquake, or other calamities who gave himself up to authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the abovementioned calamities shall be
entitled deduction of sentence equivalent to…

ANS: 1/5 of the period of his sentence

Which of the following is compound crime…

ANS: Throwing hand grenade, killing and seriously wounding a number of persons

It refers to the natural or juridical persons injured or the holder of the injured right…

ANS: Passive subject

It refers to the natural person who is the subject of a crime because of the highly personal nature of the
criminal responsibility…

ANS: Active subject

The following are accessories, EXCEPT…

ANS: Those who take part to its commission by harboring, concealing or assisting in the escape of the
accomplice

Which of the following statement is not correct with respect to principal…

ANS: A lookout who was not part of the conspiracy but participated after the decision was reached

Which of the following are not criminally liable for light felonies…

ANS: Accessories

Intoxication is mitigating if…

ANS: All of the choices

The following are alternative circumstances EXCEPT…

ANS: Gender

When the culprit delighted in making his victim suffer slowly and gradually, causing unnecessary moral
and physical pain in the consummation of the criminal act, the aggravating circumstance in this case is…
ANS: Cruelty

A circumstance which adds disgrace to the material injury caused by the crime akin to the adage “adding
insult to the injury…”

ANS: Ignominy

An aggravating circumstance in which the offender commits any crimes against the person, employing
means, methods, or forms in the execution thereof which tend directly and especially ensure its
execution, without risk to himself arising from the defense of offended party…

ANS: Treachery

This aggravating circumstance defines as cunning or intellectual trickery or chicanery resorted to by the
accused to carry out his evil design…

ANS: Craft

The following are elements of evident premeditation EXCEPT…

ANS: Stubborn adherence to a decision to commit a crime

The aggravating circumstance of price, reward or promise affects the…

ANS: Both offeror and acceptor

A form of habituality wherein the offender has been previously convicted by final judgment and before
beginning to serve such sentence, or while serving the same he committed a felony…

ANS: Quasi-recidivism

A form of habituality wherein offender within a period of ten years from date of his release or last
conviction of the crimes of falsification, robbery, estafa, theft, serious or less serious physical injuries is
found guilty of said crimes a third time or oftener…

ANS: Habitual delinquency

A form of habituality wherein the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty for two or more crimes to which it attaches a lighter penalty…

ANS: Reiteracion

A form of habituality wherein one who at the time of trial for one crime, shall have been previously
convicted by final judgment of another crime embrace in the same title of the code…

ANS: Recidivism

The following are the different forms of habituality, EXCEPT…

ANS: None of the choices

Under the following, an aggravating circumstance of nighttime can be appreciated, EXCEPT…

ANS: The place where the crime was committed was poorly illuminated
The aggravating circumstances of age, sex, rank, dwelling are considered in the following crimes,
EXCEPT…

ANS: Crimes against property

This aggravating circumstance cannot be offset by any mitigating circumstance, and it changes the nature
of the crime…

ANS: Qualifying

This kind of aggravating circumstance can be offset by ordinary mitigating circumstance and increase the
penalty to maximum penalty prescribed in the law…

ANS: Generic

The nature of minority as a mitigating circumstance is…

ANS: Either ‘A’ or ‘B’

Which of the following is not correct with respect to ordinary mitigating circumstance…

ANS: Mitigating circumstance is always considered no matter what penalty is imposed

Mitigating circumstance which applies to a specific felony like concealment of dishonor in the case of
abortion by the pregnant woman herself…

ANS: Specific

Mitigating circumstance whereby the penalty prescribed whether divisible or indivisible is lowered by
one or more degrees…

ANS: Privileged

Mitigating circumstance whereby the penalty is lowered to the minimum period prescribe by law…

ANS: Ordinary

The following are the classification of mitigating circumstances EXCEPT…

ANS: Generic

The following are mitigating circumstances EXCEPT…

ANS: Under 15 years of age, or over 15 years of age but under 18 years and acted without discernment

A police officer failed to deliver the person arrested to judicial authorities within the prescribe time as
stated under Article 125, RPC for being stranded to a remote island. Under the circumstance the police
officer is…

ANS: Exempt from criminal liability because of insuperable cause

The following are elements of irresistible force EXCEPT…

ANS: Threat will cause fear of an evil greater than or at least equal to that which the accused was
required to commit
The following are exempting circumstances EXCEPT…

ANS: A person over 15 but under 18 acted with discernment

The following are the elements of state of necessity EXCEPT…

ANS: The civil liability will only be granted if there is another person benefited by the avoidance

The following are the elements of defense of relatives EXCEPT…

ANS: The person defending has no part in provocation

The following statements are correct with respect to unlawful aggression, EXCEPT…

ANS: Unlawful aggression must at least be threatening even if the danger to life is not imminent

Which of the following is not included in self-defense…

ANS: Defense of property

The following are the requisites of self-defense EXCEPT…

ANS: The person depending is not induced by revenge, resentment or other evil motives

The following are justifying circumstances EXCEPT…

ANS: Minority

Less grave felonies are those which the law punishes with the penalties which in their maximum period
are…

ANS: Correctional.

The following are elements of culpable felonies EXCEPT…

ANS: Intent