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Criminal law book 1 - Lecture notes 1-2

Civil Law (Taguig City University)

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Republic of the Philippines

City of Taguig
Taguig City University
Gen. Santos Avenue, Central Bicutan, Taguig City
CRIMINAL JUSTICE EDUCATION
COLLEGE OF CRIMINOLOGY

Name: ______________________________________ Section: ______________

Score: _______________ Date: ________________

CLJ 1: Criminal Law Book 1

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for each item
by writing your answer corresponding to the letter of your choice on the space provided before the number.
STRICTLY NO ERASURES ALLOWED.
1. Under this, crimes are not triable in that country unless they merely affect things within the vessel or they refer to
the internal management thereof.
a. French rule c. English rule
b. Law of preferential application d. Spanish rule
2. It refers to inaction, by which a person may be considered criminally liable when the law requires the performance
of a certain act, e.g. failure to assist one’s own victim.
a. Act c. Fraud
b. Intent d. Omission

3. It indicates a deficiency of action.

a. Negligence c. Lack of skill
b. Imprudence d. Lack of foresight
4. It refers to deficiency of perception.
a. Negligence c. Lack of skill
b. Imprudence d. Lack of foresight
5. For an act to be considered to be done with Malice or dolo, which among the following must be present?
a. Freedom c. intent
b. Intelligence d. All of the foregoing
6. Refers to that cause which in natural is a continuous sequence, unbroken by any efficient superseding ground
produces the injury and without which the result would not have occurred.
a. Proximate cause c. Overt acts
b. Intervening cause d. Active force
7. It is the portion of the 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. Overt acts
b. Subjective phase d. Attempted felony
8. Generally they are punishable only when they have been consumed, 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 foregoing
9. self defence or one’s natural instinct to repel, protect and save his person or right from impending peril or danger is
an example of what circumstance which affects criminal liability?
a. Justifying c. Aggravating
b. Exempting d. Mitigating
10. 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
11. The basis of this circumstance affecting criminal 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
12. 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 less than 18; over 70 years of age
13. 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 less than 18; over 70 years of age
14. Which among the following may be considered as an alternative circumstance?
a. Relationship
b. Intoxication

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c. Degree of instruction and education of the offender

d. All of the foregoing
15. X and Y stabbed Z, injuring the Z in the process, x and Y are considered as;
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co- principals
16.Boy forcibly took Maria to a vacant lot and allowed his friends Lando and tinoy to rape Maria Boy is liable as;
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co- principals
17. It refers to those penalties expressly imposed by the court in the judgement of conviction.
a. Principal penalties c. Subsidiary penalties
b. Accessory penalties d. Fine
18. In the crime of theft, the culprit is duty-bound to return the stolen property.
a. Restitution b. Reparation
c. Indemnification for consequential damages d. Civil liability
19. Crimes punishable by correctional penalties, except those punishable by arresto mayor shall prescribe in how
many years.
a. 20 years c. 10 years
b. 15 years d. 5 years
20. It includes rivers, creeks, bays, gulfs, lakes, straits, coves, lying wholly the three mile limit to any portion.
a. Maritime zone c. Low water mark
b. Interior waters d. High seas
21. It makes criminal an act done before the passage of the law which was innocent when done and punishable it.
a. Ex post facto law c. Law on preferential application
b. Bill of attainder d. Self repealing laws
22. Refers to one of the three equal portions, called minimum, medium and maximum of a divisible penalty.
a. Degree c. Prescription
b. Period d. Duration
23. Which among the foregoing is considered as the primary source of criminal law?
a. Act No. 3815 c. Penal Presidential decrees
b. Special Penal Laws d. Constitution
24. Those punishable by arresto mayor penalties shall prescribe in how may years?
a. 20 years c. 10 years
b. 5 years d. 15 years
25. 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 the penalty
b. Prescription of the penalty d. Period of the penalty
26. It is 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. Substantive law
27. Refers to a sentence of imprisonment for the maximum period defined by the law subject to the termination by the
parole board at any time after Service of the sentence.
a. Suspension c. Prescription
b. Indeterminate sentence d. Period of penalty
28. Refers to the purpose to use a particular means to effect such result.
a. Intent c. Deceit
b. Motive d. Fault
29. 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
30. Any bodily movement that tends to produce some effect in the external world.
a. Act c. Dolo
b. Omission d. Culpa
31. Libel and other similar offenses shall prescribed in how many years?
a. 15 years c. 5 years
b. 10 years d. 1 year
32. An entire penalty enumerated in the graduated scale of penalties.
a. Degree c. Prescription
b. Period d. Duration
33. Refers generally to acts made criminal by special law.
a. Felony c. Mala inse
b. Mala ince d. Mala prohibita
34. Under RA 7659, the death penalty may be suspended when the accused is among the foregoing except:
a. A woman while pregnantc. Woman within one year after delivery
b. Persons over 70 years old d. Persons over 18 but under 21 years of age
35. Which among the foregoing is not a requisite for Dolo?
a. Intelligence c. Intent b. Freedom
d. Deceit
36. 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
37. Things which are wrongful in their nature.

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a. Evil c. Mala inse

b. Mala ince d. Mala prohibita
38. Felonies punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:
a. 20 years c. 10 years
b. 15 years d. 5 years
39. Acts and omissions punishable by law.
a. Dolo c. Felonies
b. Culpa d. Crime
40. Ariel intending to kill jigs to avenged lost honor stabbed the latter three times in the chest, however due to prompt
medical attention jigs was able to survive the attack, Ariel liable for.
a. Physical injuries c. Frustrated Homicide
b. Attempted Homicide d. Frustrated Murder
41. When all the elements necessary for the execution as accomplishment of a felony are present it is said to be:
a. Consummated c. Frustrated
b. Attempted d. Negligence
42. It is a physical activity or deed, indicating the intention to commit a particular crime.
a. Act c. Fault
b. Omission d. Over act
43. Abberatio ictus refers to:
a. Mistake of the facts c. Mistake in the blow
b. Mistake in the identity d. Ignorance of the law
44. What must be considered in determining whether the crime committed is only attempted or consummated?
a. Nature of the offense c. Manner of commission
b. Elements continuing the felony d. All of these
45. Refers to crimes consummated in one instant or by a single act.
a. Formal Crimes c. Rational Crimes
b. Informal Crimes d. Irrational Crimes
46. Refers to the obligation or suffering the consequences of crime.
a. Imputability c. Liability
b. Culpability d. Responsibility
47. 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
48. Refers to felonies which the law imposes penalties which are correctional in nature.
a. Grave c. Light
b. Less grave d. Serious
49. When the law attaches capital punishment or afflictive penalties the felony is said to be?
a. Grave c. Light
b. Less grave d. Slight
50. Infractions to the law punishable by arresto menor or a fine not exceeding 200 pesos or both.
a. Grave c. Light
b. Less grave d. Slight
51. Light felonies are made punishable only when they are:
a. Consummated c. Frustrated
b. Attempted d. Intended
52. Exemption to the general rule in cases of light felonies
a. When committed against persons c. When committed against honor
b. When committed against d. When committed against liberty chastity
53. It exists when two or more persons come to an agreement to commit a felony.
a. Plan c. Piracy
b. Conspiracy d. Proposal
54. What occurs when a person who has decided to commit a felony recommends its execution to some other
person?
a. Conspiracy c. Proposal
b. Piracy d. None of the above
55. 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 state of necessity.
a. Justifying circumstances c. Exempting circumstances
b. Mitigating Circumstances d. Aggravating circumstances
56. Equivalent to assault or at least threatened assault of an immediate nature.
a. Intent c. Dolo
b. Culpa d. Unlawful aggression
57. 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.
58. What crime exists when a single act constitutes two or more grave or less grave felonies?
a. Complex c. Composite
b. Continuing d. Compound
59. Who among the following are not exempted from criminal liability?
a. Children under 9 years of age
b. Insane persons
c. Children over 9 under 15 years of age acting with discernment
d. Imbecile persons
60. Refers to desired acts of a person to commit a crime.

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a. Motive c. Fault
b. Intent d. Deceit
61. Those circumstances which if attendant to the commission of the crime would serve to lower the penalty to a
lesser degree.
a. Justifying c. Mitigating
b. Exempting d. Aggravating
62. An aggravating circumstances which generally apply to all crimes such as dwelling, night time or recidivism.
a. Generic c. Qualifying
b. Specific d. Inherent
63. Refers to occurrences which happen beyond the sway of ma’s will.
a. Nature c. Events
b. Accidents d. Phenomenon
64. Boy a policeman persuades Allan to commit a felony, he arrested the latter after its execution is committing.
a. Instigation c. Conspiracy
b. Entrapment d. Proposal
65. Refers to circumstances which if attendant in the omission 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
66. 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
67. Refers to aggravating circumstance which applies only in particular crimes.
a. Generic c. Qualifying
b. Specific d. Inherent
68. An aggravating circumstance which come in the commission of the crime.
a. Generic c. Qualifying
b. Specific d. Inherent
69. Refers to a building or structure exclusively used for rest or comfort.
a. House c. Dwelling
b. Home d. All of the above
70. 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. Generic c. Qualifying
b. Specific d. Inherent
71. Refers to a person who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the RPC.
a. Delinquent c. Recidivist
b. Habitual Delinquent d. Offender
72. 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, theft and robbery is considered as a:
a. Recidivist c. Habitual Delinquent
b. Delinquent d. Quasi - recidivist
73. Any person who shall commit a felony while serving his sentence with a previous conviction is a classified as a :
a. Recidivist c. Habitual Delinquent
b. Delinquent d. Quasi - recidivist
74. Which of the following is not among the requisites of evident premeditation?
a. Sufficient lapse of time
b. Time when the offender decided to commit the felony
c. Act indicating the has clung to his determination.
d. Deliberate intent
75. It involves trickery and cunning on the part of the offender.
a. Craft c. Fault
b. Deceit d. Intent
76. 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
77. Persons who aide the felons to hide away evidences or profit from the fruits of the crime are said to be:
a. Principal c. Accomplice
b. Accessory d. Conspirator
78. 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
79. Capital punishment or maximum penalty imposed by law.
a. Reclusion Perpetua c. Arresto Mayor
b. Reclusion Temporal d. Death by lethal injection
80. Refers to alevosia, or means and methods employed to insure its execution.
a. Craft c. Intent
b. Deceit d. Treachery
81. It pertains to moral order, adding disgrace to the material injury caused by the crime.
a. Craft c. Ignominy
b. Treachery d. evident premeditation
82. The following circumstances are always mitigated in terms of alternative circumstances, except:
a. Low degree of education

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b. Intoxication wherein the drunk person has not intended it or not a habitual drunkard
c. Relationship in crimes against property
d. Relationship in crimes against persons
83. Poly stabbing Army is considered as a:
a. Principal c. Accomplice
b. Accessory d. Instigator
84. Emil persuades Jude to steal from his boss is a principal by:
a. Direct Participation c. Indispensable cooperation
b. Induction d. Instigation
85. Which of the following enumeration is an example of an afflictive penalty?
a. Fine c. Distierro
b. Arresto mayor d. Prision mayor
86. What would be the nature of action for a person over nine years of age and under fifteen to incur criminal liability?
a. Act with discernment c. show criminal intent
b. Show malice d. Act negligently
87. It shall serve to deprive the offender rights of parental authority or guardianship.
a. Subsidiary penalty c. Suspension
b. Distierro d. Civil interdiction
88. Personal Liability to be suffered by the convict who has no property to meet the fine.
a. Subsidiary penalty c. Suspension
b. Distierro d. Civil interdiction
89. A form of protection rather than a penalty in cases of Art 247 of the RPC.
a. Subsidiary penalty c. Suspension
b. Distierro d. Civil interdiction
90. The moving power which impels one to action for a definite result.
a. Intent c. Deceit
b. Motive d. Fault
91. It refers to an act committed or omitted in violation of a public law forbidding or commanding it.
a. Dolo c. Felony
b. Culpa d. Crime
92. In cases wherein the commission of an offense is necessary in the commission of an offense is necessary in the
commission of another it is said that the crime is:
a. Formal crime c. Compound crime
b. Informal crime d. Complex crime
93. When did Act no. 3815 take effect?
a. January 1, 1931 c. January 1, 1933
b. January 1, 1932 d. January 1, 1934
94. Ignorantia Facti Excusat means:
a. Ignorance of the law c. Mistake of the blow
b. Mistake of facts d. Mistake in identity
95. Under this rule, crimes not triable in the courts of that country, unless their commission affects the peace and
security of the territory or the safety of the state is endangered.
a. French rule c. Spanish rule
b. American rule d. English rule
96. Failure to perform a positive duty which one is bound to do.
a. Act c. Dolo
b. Omission d. Culpa
97. Light offenses prescribe in:
a. 12 months c. 4 months
b. 6 months d. 2 months
98. The foregoing are persons exempt from the operation of criminal law by virtue of the principles of public
international law, except;
a. Heads of states c. Consul
b. Ambassadors d. Charges d affairs
99. It is a characteristic of criminal law starting that the law is binding an all persons who live and sojourn in the
Philippine territory.
a. General c. Retrospective
b. Territorial d. Universal
100. It refers to a legislative act which inflicts punishment without a trial.
a. Ex post facto law c. Law on preferential application
b. Bill of attainder d. Self repealing laws

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