Prelim Exam

Criminal Law Book 2

Name: _____________________________________
Year/Section: _______________________________
Instructions: Choose the best answer only. There are answers that may seem correct but always refer to the
provisions of the Revised Penal Code.
1.Who is the real offended party in criminal cases? The person victimized by the accused or the state?
A. The victimized party since he was the real one who has been aggrieved.
B. The State because it has the inherent and large duty to preserve peace and order.
C. The trial courts because they have the noble obligation of rendering justice.
D. The public prosecutors because they have to prove the guilt of the offender or accused beyond reasonable
doubt.
2. Kobe and Kyrie nagpustahan who will win between the Golden State Warriors and Cleveland Cavaliers.
They agreed to pay each other one million pesos should their favorite team lose in the blockbuster
championship. When Golden won, Kyrie refused to give his bet. Can Kobe file criminal charges against
Kyrie for not paying his bet?
A. Yes because Kyrie has to fulfill his obligations
B. No because gambling in the first place is not legal
C. Maybe because Kyrie refused to fulfill his promise, that is breach of contract.
D. None of the above
3.Nurse Steph Curry while on a night shift duty fell asleep, making him to fail to inject the most important
medicine to his patient. As a result, the patient died. Can he be held criminally liable?
A. NO, because it is human need or nature to fall asleep at night.
B. Yes, because there was negligence on his part. It was his duty to inject the medicine even at night.
C. Maybe but he can just pay the burial needs of the family of the deceased patient.
D. All of the above
4.While withdrawing some five thousand pesos in an ATM machine inside the mall to buy a Nike jacket,
Vice Guapo was stunned that the machine released 50,000 pesos instead. Can Vice Guapo be held criminally
liable for not returning the excess amounts?
A. Of course not! Vice Guapo had no fault at all.
B. Maybe because the excess amounts are not his.
C. Yes, because he has the duty to return the excess amounts.
D. Both A and B are the correct ones.
5.Mikey Enriquez has been deeply in love with Mel Tiangcong but the latter has been rejecting him even in
front of their officemates. One day while Mikey was sipping cappuccino in a glitzy mall in Makati, he spotted
Mel paying at the cahier at the same Buckstar Coffee Shop he was lazing around in. Mikey got up from his
chair and tiptoed and wrapped his hands around the waist of Mel. Mikey was then charged with rape. Was
the charge correct?
A. Yes because the fact that he wrapped his hands around the waist of Mel means he wanted to bring down her
pants.
B. Yes because he has been deeply in love with Mel.
C. Yes because Mel has been rejecting him even in front of their officemates so this is the best way to make
revenge.
D. No, the proper charge should have been unjust vexation or acts of lasciviousness only. Can Mikey rape her
inside the crowded mall?
6. Pedro is planning to kill the president. He wrote in his diary that he will shoot the president with his
shotgun 5 times in head. Unfortunately he unwittingly left that diary in the taxi he rode in going to work.
The driver immediately gave the diary to the police. Can Pedro be criminally charged be planning to kill the
president?
A. Yes, because there was an evil intent on the part of Pedro.
B. Maybe because his intent was evil and punishable by laws
C. Yes because the president is the highest official
D. No because only external acts are punishable. Mere thoughts and plans no matter how evil or detestable are
not punishable.
7. James is part of the planning team of the grand conspiracy to rob BDO Banking Corp. Gerona Tarlac
Branch. Because he was once worked as security guard in that bank, he is very familiar of the building lay
out. In fact he even made the sketch that will facilitate the entry and exit of the robbing team. Though the
knowledge of James, the Big Gang succeeded in robbing the said bank. But few days later they were arrested
in the safe in Tanauan, Batangas. Can James be indicted criminally also although he failed to join the group
in the robbery since he was sick on the day they robbed it?
A. Yes because his knowledge was indispensable
B. Yes because he was once a security guard in that bank
C. No because he was part of the planning team only and he did not partake with the commission of the crime.
D. None of the above
8.Because he was jealous upon seeing his-ex-girlfriend dating another man, Marco wrote in his facebook
page these words: “I WILL KILL BOTH OF YOU ROMA AND YOUR UGLY NEW BOYFRIEND!” Roma
was shocked to discover the said words. Did Marco commit any crime?
A. Yes because he still wants to love Roma
B. Yes because that is a form of grave threat
C. No because that was facebook only. He did not say them in words.
D. No because he can easily erase them anytime he wants to.
9. Because his father was a journalist himself, President Noynoy has signed a new law outlawing or
decriminalizing libel. Would the new law apply also to those who have been charged with libel during the
Arroyo administration?
A. Yes because journalist are hardworking professionals
B. Yes because they are not prejudicial to the welfare of the journalists
C. Yes because it was the president who signed the law.
D. Yes because the journalists deserve executive pardon.
10. During the championship game of the women’s volleyball in Singapore Asian Games, Alesa Baldez
spiked the ball too strong and it went out of bounds and hit the face of the head coach of their fiercest rival
Taiwanese Spikers. The coach was immediately brought to the hospital but was declared dead on arrival. Did
Baldes commit a crime?
A. No because she was just a visitor in that country.
B. Yes because she was the cause of the accident
C. No because she had no unlawful or illegal intent
D. None of the above
11. This is a branch of law that defines crimes and provides for their corresponding penalties.
A. Civil law B. Criminal Law C. Political Law D. Mercantile Law
12. Simeon was soundly asleep when he sdreamed that he was being attacked by his enemies. He rose
from his bed and grabbed bolo in the kitchen and hacked his wife and two children to death. Is he
criminally liable?
A. Yes because he killed them
B. Yes because he killed them while they were asleep
C. No because he had no intent and intelligence at the time he committed it
D. No because they are his families so they can forgive him in heaven
13. Polo Paskel wanted to kill Dongdeng Patis because the latter stole his long time GF. While Patis was
walking in an uninhabited and dark place one night from work, Polo Paskel, who is known to be a
sharpshooter marksman, took the chance to shoot him with his newly built paltek. It turned out that Polo
Paskel killed Jeric Rosales, the brother of Dongdeng Patis. Was Polo criminally liable?
A. No because he was not his real target.
B. No because it was dark so his mistake was understandable
C. Yes because he had unlawful intention from the very start
D. Yes because he employed unlicensed homemade paltek
14. In his burning desire to catch the robber Policeman Purisima chased the robber till they reached a
thickly populated area. Purisima shouted at the top of his lungs that the robber should stop running but the
said robber kept running away from him. Fearing that he can be eluded by the robber, Purisima pulled his
gun and indiscriminately fired at the suspect. He was able to shoot the robber in the right foot but not after
killing 3 bystanders. Did policeman Purisima commit a crime in hitting and killing the 3 bystanders though
he claimed he was just performing a lawful job?
A. Yes of course because killing is illegal in this country
B. No because he was just doing his job
C. No because he was a policeman so he had license to kill
D. Yes because he fired his gun indiscriminately.
15.While the US Warship Lincoln was docked in the Manila North Harbor, 5 US servicemen smoked opium
inside their cabins. Did they commit any crime?
A. Yes because such deed is punishable in this country
B. No because that is considered as an extension of the US territory
C. Yes because it happened in Philippine territory
D. None of the above
16. While going home from school, Carl accidentally witnessed 3 men raping a young girl in an uninhabited
place at the back of the campus. He recognized those 3 men belong to the most notorious gang in town
whose specialty is raping young girls. For fear of his life Carl decided not to report the crime anymore to the
authorities. Is James criminal for not reporting the crime that he reported?
A. Yes of course because he neglected his obligation of reporting the crime
B. No because there was no law in the Revised Penal Code punishing such act omission
C. No because he just enjoyed watching the live scandal
D. No because the girl was his ex-GF who broke his heart.
17. The bodyguards of Mayor Boknoy just stood and witnessed the mayor mauling the alleged lover of his
mistress. Aggrieved, the victim later charged the mayor for the serious physical injuries he suffered. Are the
bodyguards of Mayor Boknoy criminal also for simply watching the crime that he did?
A. Yes because they provided “stage presence” that scared the victim to fight back
B. No because mere presence at the scene of the crime does not make one a criminal
C. No because they are only bodyguards of the mayor
D. Yes because they looked like macho night club bouncers
18. Mang Tacio, the well-known hilot and herbolaryo in town, Asked his patient to drink the wine he has
made from rice which is known as “tapoy.” He fortified that wine with vinegar and a lot of other root-crops
ingredients. After drinking the said medicine that Mang Tacio experimented, the patient who was five-month
pregnant vomited heavily and later she suffered miscarriage. Can Mang Tacio be criminally charged
although he has claimed that he did it out of his good faith and intention to help cure the ulcer of the patient
Paciana.
A. Yes of course because he just experimented and he is not a licensed medical practitioner. Good faith and
intention is not an alibi if done without prudence.
B. No because he did it in good faith
C. No because he did not force the patient Paciana to come to him
D. None of the above
19. Mario Roxas punched Jemar Binay in the abdomen because the latter did not want to return the
former’s mobile phone. Mario Roxas didn’t know that Jemar Binay was suffering from tuberculosis. Jemar
Binay vomited blood but he refused to go to hospital because he had no money. Jemar died a day later.
During the trial, Mario Roxas reasoned that he should not be held liable for the death of Jejomar Roxas
since the latter refused to seek medical intervention. Was Mario Roxas correct?
A. No because he should be held accountable for all the resulting consequences of what he has done
B. Yes because the death of his victim could have been avoided had he chose to seek timely medical
intervention
C. No because the victim wanted to die
D. Yes because the victim might have survived had he chose to go to hospital
20. Roger who is a computer expert succeeded in creating and spreading a computer virus code named “I
hate you virus” in 1999 which affected and paralyzed even the biggest banks in the country and neighboring
Asian states. The said banks lost billions of dollars and almost caused the collapse of the Asian economy.
The Philippine banks decided to sue Roger but its lawyers cannot find any specific provision in the Revised
Penal Code that Roger violated. Is Roger a criminal?
A. Yes of course because he used his knowledge in bad things
B. No, because he never knew his creation would be that bad
C. Yes because the banks lost billions of pesos
D. No because there was no specific provision in the Revised Penal Code making his act or omission a crime.
21. While vacationing in Boracay, Britons Brad and Angelina were arrested by the police by making love in
the seashores. The lovers quickly protested their arrest by saying that they should not be arrested because
they are foreigners and thus they are not required to follow our laws. Is their contention tenable?
A. Yes of course since they are foreigners they must be excluded from our laws
B. Yes because they only expressed their strong love to one another
C. No because our laws are applicable even to those sojourning or vacationing here
D. No because there were so many hotels in the place where they could have done such act of love.
22. Noynoy who has been a crazy man since birth killed his own mother and father. Should he be charged
with murder and be put to jail?
A. Yes because killing is punishable in the country
B. No because he acted without intelligence
C. No because he did not hide after killing them
D. No because his victims are his most immediate family members
23. Due to the very narrow eskinita in the Brgy. Bartek Squatter, the firemen had to forcibly destroy several
houses to enable their firetrucks enter and save the houses and people from being engulfed by the fire.
Luckily no one was injured and died due to the diskarte of the bomberos. Can the firemen be charged with
malicious mischief by destroying the houses?
A. Yes because they forcibly destroyed them
B. No because their firetrucks are big and imported from Japan
C. No because they just wanted to prevent greater evil
D. Yes because they did it without asking permission from the people and the Barrio captain
24 .While visiting the Philippines, Prime Minister Baraks Omabas punched in the face a presidential
security guard in Malacañang for asking him sign an autograph in his pistol. The prime minister claimed he
was insulted. Can the prime minister be charged with criminal case?
A. Yes because he was arrogant and bully
B. No because he was insulted
C. No because he was a head of state and among those exempted from our criminal laws
D. Yes because the presidential security guard needed medical attention
25. Jonggoy was sentenced to life imprisonment for selling shabu during the term of President Arroyo. Due
to the alarming drug-related cases during the Presidency of Noynoy, he made a law punishing the crime of
selling shabu with death through firing squad. Would such new law be applied to Jonggoy.
A. Yes of course Pres. Noynoy just wanted to eradicate illegal dug problems in the country
B. No because laws should not be given retroactive effects it they would be prejudicial to the accused
C. Yes because illegal drugs have become an alarming problem
D. No because the president himself is a shabu user too
26. Because they used to be fierce rivals in winning the hearts of girls and in basketball, Belga took
advantage by killing through his high-powered guns Calvin while the latter was sleeping in his nipa hut. The
autopsy revealed that Calvin had died 5 hours before Belga shot him successively with his gun. Did Belga
commit any crime?
A. Yes of course his gun was unlicensed
B. No because that was an impossible crime since his victim had died already before he shot him with his gun
C. Yes because he shot an sleeping man
D. No because he took advantage with the unarmed enemy
27. Pretty was a campus beauty queen who, because of her looks and charms, attracted many suitors. Having
decided that she would become a nun, Pretty turned down all her suitors. Guapo, one of her most persistent
suitors, could not handle rejection and one night, decided to accost Pretty as she walked home. Together with
Pogi, Guapo forced Pretty into his car and drove her to an abandoned warehouse where he and Pogi forced
Pretty to dance for them. Later, the two took turns in raping her. After satisfying their lust, Guapo and Pogi
dropped her off at her house. What crime or crimes did Guapo and Pogi commit?
A. Acts of lasciviousness
B. Kidnapping with Rape
C. Unjust vexation
D. Sexual harrasment
28. Pretty, after the ordeal, decided to take her own life by hanging herself one hour after the rape. Would
Guapo and Pogi be liable for Pretty’s death? Explain.
A. No because they never knew Pretty would kill herself
B. Yes they are liable for all the resulting consequences of their crime
C. Yes because they made her take illegal drugs before raping her
D. No because that was out of their control already
29. After filing the rape case against Rodel, Madelyn died due to car crash. Can the state continue the case
against Rodel though Madelyn the victim died already?
A. No because the offended party has died already
B. Yes because there are witnesses to help proceed the case
C. Yes because the real offended party in criminal cases is the state itself
D. No because nobody would testify in court anymore.
30. Manny Pakyaw wanted to steal the winning cockfighting chicken of his neighbor. After bringing out the
cockfighting texas chicken from its cage, he wanted to tiptoe silently so that the dogs would not bark at him.
But a loud thunder exploded in heaven that he thought it was a gunfire or grenade to kill him. He lost grip to
the chicken and it flew from his hands. He reached without the coveted texas chicken from his hands. Is he
is guilty of theft?
A. No because the chicken flew from his hands before he can benefit from it
B. Yes because the crime of theft has been consummated
C. Yes because he got it without permission from the owner
D. No because the thunder exploded and he though he was being attacked
31. Because Elena got pregnant after she has been raped by Tom Cruz, she decided to instead marry him so
her child will not be born our of wedlock. Will that mean the rapist has been pardoned and exonerated from
his liabilities?
A. No he will still be put to jail and pay moral damages
B. Yes because they used to be lovers
C. No because the parents of the victim did not agree with their marriage.
D. Yes of course she decided to marry him
32. Due to the alarming illegal drug problems in the country, Pres. Noy restored Death Penalty and assigned
Jovi Palparan as the executioner. Erak Estrada has been convicted for selling 5 kilos of shabu and
sentenced to die in a firing squad. Estrada was scheduled to be executed on Monday but because Palparan
was too excited to try use his new shotgun, he shot Estrada two days earlier before the scheduled execution.
Is Palparan guilty of murder? It was his job he reasoned out put to trial.
A. Yes he is guilty of murder because he used his own gun
B. No, because he was assigned by the president to execute criminals
C. Yes because he executed the convicted felon two days earlier
D. No because the president is his protector
33. After stabbing his victim Floyd, Nonito quickly fled to Sabah in Malaysia. Has the court acquired
jurisdiction over the person of Nonito already by basing merely on the police blotter submitted to them by the
police?
A. Yes of course
B. No since there was no arraignment yet
C. Maybe there was a blotter already
34. During arraignment can the accused be absent and simply let his counsel or lawyer be the one to enter his
plea?
A. Of course, not. The accused must be present
B. Yes he can be absent since his lawyers know the rules anyway
C. Yes if he is dying or incapacitated
35. What if during the arraignment the accused did not utter or say any word to enter his plea of guilty or not
guilty? What plea shall the court enter in his behalf?
A. They will repeat the arraignment until he enters a plea
B. They court will enter not guilty plea in his behalf
C. The court can send him to jail immediately
36. Is it mandatory that the complaint or information that shall be filed in court be in writing and should not be
in oral?
A. It can be in oral as long as it is sworn
B. It should always be in writing
C. Maybe both, why not

37. What do we mean by in flagrante delicto?

A. Dead on Arrival
B. Fled to another country to evade arrest
C. Caught in the act
38. Yaya Dove was raped when she was 16 years old. She didn’t want to file rape case against the offender so
as to protect her privacy. She preferred to suffer in silence. Can her parents file the case?
A. Yes ,why not since the victim is still a minor
B. No more since the victim herself does not want to
C. They must wait for her to turn 18 years old
39. Maine’s husband Alden was gunned down by Wally. But Maine decided to just move on from such tragic
experience and she went in the United States without filing any murder charge against the offender. Can the
parents of Alden file the case?
A. Yes why not, they are aggrieved too
B. No since only the wife can file the case
C. They must wait for the return of the wife within twenty years
40. When the policemen arrested retired general Jovito Palpalaran for murder charges, they failed to inform him
about his constitutional rights under the Miranda Doctrine such as the right to remain silent and his right to
choose his own lawyer. In panic mode, Palpalaran quickly confessed his crime while being inside the police
mobile. Are his confessions admissible as evidence during trial in court?
A. Yes of course since that his actual confessions already
B. Maybe because he already admitted his crime
C. No, since such confessions must be made into writing and with the assistance of his own counsel
41. Should a complaint be necessarily filed in court? Is it mandatory to be filed in court?
A. Of course yes, it is necessary
B. NO, only information is necessary to be filed in court
C. Ask the fiscal first
42. Though married already, Chiz and Heart still live in the former’s parents’ mansion. One night, the parents of
Chiz caught Heart making love with another man in their garage. Can the parents of Chiz be the ones to file
adultery case against Heart?
A. Yes since they caught her in the act of doing it
B. Maybe because they own the house
C. NO because only the offended spouse can file the such case
43. Loren is pretty but has been crazy since birth. Now 19 years old, she was raped by Bringo Honasan , a
notorious drug addict in their village. Unfortunately Loren has been an orphan and she has no known relatives.
Can the state file rape case against the accused in behalf of loren?
A. NO only the aggrieved party and her family can file the case
B. Yes since it is the State that is the real offended party in a criminal case
C. NO since nobody will testify in court anyway
44. After filing concubinage case against her incurably womanizer husband Alden, Maine died due to heart
attack. Can the state continue pursuing the case despite the untimely death of the complainant?
A. No more since the complainant has died already
B. Yes since it is the State that is the real offended party in a criminal case
C. No more since nobody would testify in court
45. While reading the arrest warrant served on him by the PNP Paniqui, accused Nonito found out his name has
been misspelled by the Judge. Can he refused to be arrested since his name has been misspelled?
A. No since that is just simple clerical error
B. Yes since name is quite important.
C. Yes, that could be another person anyway
46. Leni and Mar have been neighbors since birth in Lashing St. in Brgy. Magulo, Ermita, Manila. One night,
Mar stole the native chicken of Leni for their polotan. As expected, Leni filed theft against Mar. Not wanting to
prolong their agonies, they eventually settled their quarrel in their village through the Katarungang
Pambarangay. After two months, Leni wants to file a theft case against Mar at the MTC. Is she correct?
A. Yes since her chicken was imported from USA
B. No more since Barangay Court settlement are final and binding already
C. Yes since the Brgy. Captain was biased
47. 16-year old Meegan Yang is the unica jiha of Chiz and Heart. One night while going home from school,
Meegan was abducted and gang-raped by five men. Heart wanted to file kidnapping with rape against the
accused but Chiz vehemently refused, saying he must be the only one to decide whether to file a case or not.
Does the father have the preferential right whether to file a case or not?
A. Yes of course the father is the king and leader of the family
B. Yes the father is the bread winner
C. No, the father has no preferential right under the law
48. Are lawyers allowed to handle cases at the Katarungang Pambarangay level?
A. Yes since the they know the laws anyway
B. No because they might only complicate and prolong matters
C. Yes to shorten the proceedings
49. Erap killed Chavit using an unlicensed firearm. Can Erap be charged with murder and a separate charge for
using unlicensed pistol?
A. Yes of course since he committed two crimes
B. Yes since that was a complex crime anyway
C. No, only one crime such as murder and the other one will be absorbed
50. Bongbong inserted a sachet of shabu inside a shoebox wrapped as gift. He brought the said gift to BLC, the
most popular courier or forwarder company in the country. After filing up the send-entry forms and paying the
necessary fees, he hastily left for an urgent business meeting. The receiving staff smelled something afoul so he
opened the said gift. There he discovered the sachet of shabu, confirming his strong suspicion. He brought the
said box to the nearest police station and right then and there they filed a case against Bongbong. When
informed of his case, he reasoned that he must be quickly acquitted since the search made by the receiving clerk
of the BLC company was illegal. Was Bongbong correct?
A. No since the prohibition against illegal search is applied only to person in authority such as the police or
law enforcers
B. Yes since he has the right for privacy
C. Yes since the receiving clerk had no right to open the gift and smell what’s inside