Post Test on Criminal Law Book 1 and 2

1. A police officer enters the house of another. There is no implied or express prohibition for
anyone to enter without the permission of the owner. The entry of the police officer is without
the consent of the owner. May the police officer be liable if suppose he enters the house?

A. Yes, because the entry is without the consent of the owner.

B. No, because he can always ask the consent of the owner once inside the house
C. Yes, because the prohibition is not necessary to prohibit the entry
D. No, because the is no express or implied prohibition not to enter

2. Which of the following is the exemption from criminal law?

A. Specials laws C. Special penal laws

B. Revised Penal Code D. Ordinance

3. What is the criminal liability of the accused that with the lewd design brought the women who
is a minor in secured place but with the consent of the latter?

A. Forcible abduction C. Qualified seduction

B. Simple seduction D. Consented abduction

4. Jake committed an act which at the time of its commission is NOT punishable by the law.
However, a new law has passed punishing said act of Jake. The new penal law is _________.

A. Applicable since criminal has generally characteristics

B. Not applicable because Jake is not aware about the new law
C. Applicable since it now punishes the previously not punishable act of Jake
D. Not applicable as it will violate the prospective application of criminal laws

5. for the attempted stages to exist one of the requirements is that there must be an “overt acts”;
Overt acts in attempted stages means ______.

A. A physical undertaking as can clearly be seen by police officer

B. An outward manifestation that the person is about to commit a crime
C. A physical act indicating the intention of the accused to commit a specific crimes
D. An obvious physical activity directly observed by the police of any possible crime

6. military personnel who committed the crime of rebellion and coup’ de’ etat can be subjected to
court martial proceedings. What is the nature of court martial proceedings?

A. Civil case C. Sui generis

B. Administrative case D. Criminal case

7. The crime of concubinage is committed by man who is _______.

A. Married and keeps a women as a mistress in some other place as his wife
B. Married and had a sexual intercourse with a women who is NOT his wife
C. Married and had a sexual intercourse with a women privately at least once in some
motel
D. Unmarried and had a sexual intercourse with a women who is married

Situational

Situation- 1. Cardo is a police officer, Hipolito is the offender.

8. From the foregoing situation, supposed that while being escorted to attend the hearing for his
case for the crime of murder, Hipolito escaped. After more than 20 years. Cardo approached
Hipolito and arrested for the crime of murder. You are police officer Cardo did the penalty
prescribe for the crime of murder?

A. None of these
B. No, because the prescription of crime of murder is 20 years
C. No, because hipolito was not yet convicted of a crime
D. Yes, because he was not arrested by the authorities for more than 20 years

9. From the foregoing situation, supposed that while being escorted to attend the hearing for the
case for the crime of murder, Hipolito escaped after 30 years. Cardo chanced upon Hipolito and
arrested for the crime of murder. Did the crime of murder prescribe?

A. Yes, because it has been more than 30 years, yet the case was not terminated
B. None of these
C. No, because the case has been filed already and Hipolito escaped
D. Yes, because he was not arrested by the authorities for more than 30 years

10. from the forgoing situation, supposed that after conviction for the crime of murder and while
being escorted for transportation of National Bilibid Prison, Hipolito escaped. After more than 20
years. Cardo chanced upon hipolito and arrested the latter so that he may serve his prison
sentence for murder. Did the penalty of crime of murder?

A. No, he was not yet committed to the National Bilibid Prison

B. Yes, because it has been more than 20 years already since he escaped after his
conviction
C. None of these
D. No, because the prescription of penalty for the crime of murder is 30 years

11. From the foregoing situation, supposed that after conviction for the crime of murder and
while being escorted for the transportation of National Bilibid Prison, Hipolito escaped and went
to the US where the Philippines has extradition treaty. After more than 30 years. Cardo chanced
upon Hipolito and arrested the latter so that he may be served his prison sentence for murder. Did
the penalty for the crime of murder?

A. None of these
B. Yes, because the prescription of penalty for the crime of murder is 30 years and the
and the prescription has extradition treaty with USA
C. Yes, because it has been more than 20 years already since his escape after his
conviction
D. No, because the prescription of penalty does not start to count if the escapee went
to a country without extradition treaty

12. A person asks you for advice on how to file a case of adultery against his wife. Which of the
following are allowed by the rules in order to initiate the filing of a adultery case?

A. The case of adultery is a public offense, it can be initiate by the police

B. The case of adultery can be initiated by the complaint of the offended spouse
C. The case of adultery can be initiated even without the complaint of the spouse
D. None of these

13. A father who kills his daughter under the circumstances provided by article 247 of the revised
penal code is _____.

A. Liable for the crime of parricide C. Exempt from criminal liability

B. Liable for the penalty of distierro D. Liable for the crime of murder

14. A person committed the crime of rape as amended, he/she committing a ______.

A. An act or omission C. An offense

 B. A felony D. A crime

15. What is the theory of criminal law wherein the exercise of the free will recognized, however
the person still commits the crime contrary to his volition?

A. Psychological C. Neo classical

B. Positivist D. Classical

16. Piracy as defined under article 122 of the Revised Penal Code can be committed only
______.

A. Within the Philippine waters C. In the high seas

B. Both in internal land and waters D. Anywhere in the Philippines

17. Violation of a penal law that forbids and or commands is _____.

A. Offense C. Felony
B. Act or omission D. Crime

18. What is the crime committed by a person who shall have a carnal knowledge with a women
without the consent of the latter?

A. Sexual harassment C. Sexual assault

B. Rape D. Abduction

19. Robbery with Homicide is committed when the_______.

A. Commission of robbery is accompanied by the homicide

B. Killing resulting for robbery is not parricide, murder and infanticide
C. Commission of robbery is accompanied by crime of homicide only
D. Crime of homicide was committed on the occasion of robbery

Situation 2. Lino is a police officer, Ace is the offender. Lino arrested Ace without a warrant for
the commission of the crime.

20. From the foregoing situation, supposed that the crime committed by ace is under the law
punishable by imprisonment classified as less grave offense. When may Lino be liable for
arbitrary detention?

A. He will be liable for arbitrary detention if he fails to deliver Ace for the proper
judicial authorities within 12 hours from the time of arrest
B. He will not be liable for the crime of arbitrary detention considering that the arrest is
based on legal ground
C. He will not be liable for any crime, because the arrested Ace for the commission of
crime
D. He will be liable for arbitrary detention if he fails to deliver Ace for the proper judicial
authorities within 18 hours from the time of arrest

21. From the foregoing situation, suppose that the crime committed by Ace is under the law
punishable by imprisonment classified as grave offense. When should Lino deliver Ace to proper
judicial authorities to avoid committing arbitrary detention?

A. More than 36 hours C. Within 18 hours

B. Within 12 hours D. Within 36 hours

22. From the foregoing situation, suppose that the crime committed Ace is under the law
punishable of imprisonment classified as light offense. When should Lino deliver Ace to proper
judicial authorities to avoid committing arbitrary detention?
 A. More than 12 hours C. Within 36 hours
B. Within 12 hours D. Within 18 hours

23. From the foregoing situation, as provided by law, Lino should deliver Ace to proper judicial
authorities mean ______.

A. Filing of information at the prosecutor’s office

B. Filing information to the court of competent jurisdiction
C. Physical delivery of the person to the prosecutor’s office
D. Filing of complaint at the prosecutor’s office for inquest

Situation 3. Pinuno is the Philippine Ambassador deploy to the Republic of Japan.

24. From 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 in Japan?

A. No, the crime was committed in Japan, their criminal law applies
B. No, under international law, he is exempt from the application of Philippine
Criminal Law
C. None of these
D. Yes, under extra territoriality characteristics of our criminal law

25. From the foregoing situation, suppose that Pinuno with some of his employees went to the
red light distinct and there had a minor less than 18 years of age to serve his sexual desires. Is
Pinuno criminally liable under Japan criminal law?

A. No, Pinuno is a Filipino and an ambassador in Japan

B. No, on the contrary, under the extra-territorial characteristics
C. Yes, under the extra territorial characteristics of our criminal law will not apply
D. None of these

26. On the foregoing situation, Mona was applying for a Philippine passport, she was been “Tago
ng Tago” in Japan for so long. Pinuno agreed to issue new passport after having sexual
intercourse with Mona in the latter’s house. Is Pinuno criminally liable of our law?

A. None of these
B. No, Japan criminal law is not applicable to him
C. Yes, the crime committed is in relation to his official function
D. No, the crime was committed in Japan

Situation 4. Hipolito is the offender, Oligario is a victim.

27. From the foregoing situation, suppose that Hipolito killed oligario, Hipolito is the uncle of
Oligario. Oligario is morethan 12 years of age. What crime committed by Oligario?

A. Homicide C. Parricide
B. Murder D. Infanticide

28. From the foregoing situation, suppose that Hipolito killed Oligario. The latter is not related to
Hipolito. The age of oligario is less than 12 years old. What is the crime committed by hipolito?

A. Murder C. Homicide
B. Parricide D. Infanticide

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

A. Murder C. Homicide
 B. Parricide D. Infanticide

30. From the foregoing situation, suppose that Hipolito killed Oligario. The latter is the niece of
Hipolito. The age of oligario is more than 12 years old. The killing attended by any of the
circumstances stated in article 248 of the Revised Penal Code. What is the crime committed by
hipolito?

A. Murder C. Homicide
B. Parricide D. Infanticide

Situation 5. Lakas is the offender. Ganda is the victim.

31. From the foregoing situation, suppose that lakas killed Ganda. The latter Lakas is illegitimate
daughter. Ganda is less than 12 years old. What crime was committed by Lakas?

A. Murder C. homicide
B. Infanticide D. Parricide

32. From the foregoing situation, suppose that lakas killed Ganda. The latter Lakas is legitimate
daughter. What crime was committed by Lakas?

A. Murder C. homicide
B. Infanticide D. Parricide

33. From the foregoing situation, suppose that lakas killed Ganda. The latter Lakas is illegitimate
granddaughter. Ganda is less than 12 years old. What crime was committed by Lakas?

A. Murder C. homicide
B. Infanticide D. Parricide

34. From the foregoing situation, suppose that lakas killed Ganda. The latter Lakas is illegitimate
daughter and Ganda’s age is merely less than 3 days old. What crime was committed by Lakas?

A. Murder C. homicide
B. Infanticide D. Parricide

35. What do you call of an act of any public officer or employee who, not being thereunto
authorized by the law, shall expel any person from the Philippine Islands or shall compel such
person to change his residence?

A. Sabotage C. expulsion
B. Arbitrary detention D. Delaying release

36. What do you call an act committed by the any person who, in any case other than those
authorized by the law, or without reasonable ground, shall arrest or detain another for the
purpose of delivering him to the proper authorities.

A. Illegal seizure C. illegal arrest

B. Illegal detention D. unlawful arrest

37. 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 none 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
38. This characteristic of criminal law is enounced in Article 366 of the Revised Penal Code:
crimes are punished under the laws; and in force at the time of their commission.

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

39. 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

40. What are those circumstances that affect criminal liability because of the conditions which
make the act voluntary or that negligence is wanting as an agent of the crime.

A. Exempting circumstances C. Mitigating circumstances

B. Justifying circumstances D. Aggravating circumstances

41. When Juan starts to commit indirectly by overt acts, a crime under the Revised Penal Code,
but does NOT perform all the acts of execution because of an accident other than his own act of
desistance, what stage in the commission of crime would the act fall?

A. Frustrated C. None of these

B. Consummated D. Attempted

42. Who are criminally liable, when having knowledge of the commission of the crime, without
having principally participated therein, takes part subsequent to the commission, either in
profiting by the effects of the crime or concealing or destroying the body of the crime?

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

43. Heads of 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. prospectivity C. generality
B. territoriality D. Immunity

44. Robert, the accused saw a 28 year old girl Ms. Tisay near the gate of her residence. Without a
word, Robert kissed Ms. Tisay on the cheek and brisked softly his hands on to her left breast. No
one saw the incident. In a minute, Robert left Ms. Tisay, who got shocked and speechless. What
crime was committed by Robert if any?

A. Acts of lasciviousness C. unjust vexation

B. attempted rape D. Seduction

45. Under Republic Act no. 8353 Anti Rape Law, when we say “Carnal Knowledge” means:

A. Sexual acts C. Sexual intercourse

B. Lewd design D. Sexual deviance

46. What is that cause which, in natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without which the result would not have occurred.

A. Mistake of Facts C. Justifying

 B. Proximate cause D. Omission

47. A father who kills his daughter under the circumstances provided by article 247 of the revised
penal code is _____.

A. Liable for the crime of parricide C. Exempt from criminal liability

B. Liable for the penalty of distierro D. Liable for the crime of murder

48. for the attempted stages to exist one of the requirements is that there must be an “overt acts”;
Overt acts in attempted stages means ______.

A. A physical undertaking as can clearly be seen by police officer

B. An outward manifestation that the person is about to commit a crime
C. A physical act indicating the intention of the accused to commit a specific crimes
D. An obvious physical activity directly observed by the police of any possible crime

49. Robbery with Homicide is committed when the_______.

A. Commission of robbery is accompanied by the homicide

B. Killing resulting for robbery is not parricide, murder and infanticide
C. Commission of robbery is accompanied by crime of homicide only
D. Crime of homicide was committed on the occasion of robbery

50. What is the theory of criminal law wherein the exercise of the free will recognized, however
the person still commits the crime contrary to his volition?

A. Psychological C. Neo classical

B. Positivist D. Classical

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