CLJ3 Modular Prel Exam Q 31.01.2024

COLLEGE OF CRIMINAL JUSTICE EDUCATION AND
PUBLIC SAFETY
Criminal Law 1. CLJ3 RPC BK1
Preliminary Examinations
January 30, 2024
TEST I. MULTIPLE CHOICE. Underline not just the letter but the entire term, word, or phrase which
represents or corresponds to your answer. There may be two or more possible answers, but choose the best answer.
1. This is a branch of public substantive law which defines crimes, treats of their nature, and provides
for their punishment.
A. Special penal law C. Criminal law
B. Civil law D. Revised Penal Code
2. This is the basic penal code in the Philippines and composed of book 1 and book 2.
A. Special penal law C. Criminal law
B. Civil law D. Act No. 3815
3. These are penal laws in the Philippines aside from Act No. 3815 and they denominated Republic Acts
like RA 9165 and the like.
A. Special penal laws C. Criminal law
B. Civil law D. Act No. 3815
4. This is the year Spain promulgated and enforced in the Philippines its penal code known as Spanish
Codigo Penal.
A. 1930 C. 1932
B. 1970 D. 1870
5. The Revised Penal Code (RPC) of the Philippines was enacted by Philippine Congress on this date.
A. December 8, 1930 C. January 1, 1932
B. November 30, 11870 D. May 1, 1870
6. The Revised Penal Code of the Philippines, as amended, otherwise known as Act No. 3815, became
effective on this date.
A. December 8, 1930 C. January 1, 1932
B. November 30, 11870 D. May 1, 1870
7. This is an act or omission, which is dolo (intentional) or culpa (criminal negligence) is a violation of
the Revised Penal Code (RPC), as amended.
A. Offense C. Felony
B. Crime D. Misdemeanor
8. This act or omission is a violation of any penal law other than the Revised Penal Code.
A. Felony C. Crime
B. Offense D. Misdemeanor
9. This is a generic term which refers to an act or omission in violation of either the Revised Penal Code
or any special penal laws and it covers the concept of both felony and offense.
A. Felony C. Offense
B. Crime D. Misdemeanor
10. This is a minor infraction of law or the violation of an ordinance.
A. Felony C. Crime
B. Offense D. Misdemeanor
11. This is an act or omission which, by its very nature, is evil in itself.
A. Mala in se C. Mens rea
B. Mala prohibits D. Actus rea
12. This act is not wrong or evil in itself, but is considered illegal because of a public policy which
declared the doing or non-doing of such act as illegal.
A. Mens rea C. Mala prohibita
B. Actus rea D. Mala in se
13. This principle states that crime is essentially a social and natural phenomenon; a social sickness
cannot be checked or cured by the application of jurisprudence and imposition of a penalty.
A. Positivist Theory C. Classical Theory
B. Negativist Theory D. Eclectic Theory
14. This theory in criminal law states that the basis of criminal liability is human free will and the
purpose of penalty is retribution.
B. Negativist Theory D. Eclectic Theory
15. This theory combines or adopts the features of both juristic and realistic principles in criminal law.
B. Juristic Theory D. Eclectic Theory
15. These principles or theories of criminal law are the bases of the Revised Penal Code.
A. Positivist and classical theories C. Eclectic and juristic theories
B. Natural and sociological theories D. Utilitarian and juristic theories
16. This is a legal system whereby individuals who commit evil acts cannot be prosecuted unless there is
a law enacted by competent authority which defines such act as evil and provides punishment for it.
A. Common law system C. Islamic law system
B. Civil law system D. Natural law system
17. This is a legal system wherein the court is authorized to imposed a penalty upon an act deemed by it
as evil even in the absence of penal legislation prescribing a penalty therefor.
A. Common law system C. Islamic legal system
B. Civil law system D. Natural system
18. This is the legal system in Criminal Law followed in the Philippines.
A. Common law system C. Islamic legal system
B. Civil law system D. Natural system
19. This is a principle in legal hermeneutics which states that any ambiguity in the provision of the law
or when the law is susceptible of multiple interpretations, that which is favorable to the accused
should be adopted.
A. Pro reo principle C. Due process of law
B. Equipoise rule D. Scienter principle
20. This is a physical activity or bodily movement which will logically and naturally ripen into a concrete
offense.
A. Illegal act C. Overt act
B. Concrete act D. Covert act
21. It is that portion of the act constituting the crime, starting from the point where the offender begins
the commission of the crime to that point where he has still control over his acts, including their
natural course.
A. Subjective phase C. Preventive phase
B. Objective phase D. Indictive phase
22. In this phase of the act, the offender had commenced all the acts of execution and he already lost
control over the course and consequences of his act.
A. Subjective phase C. Indictive phase
B. Objective phase D. Preventive phase
23. The following are the elements of a felony by dolo. Which one does not belong to the group?
A. Intent C. Freedom
B. Intelligence D. Negligence
24. The following are the elements of a felony by culpa. Which one does not belong to group?
25. It indicates a deficiency in perception, failure to use diligence in foreseeing the injury or impending
damage to be caused. It involves the lack of proper attention or foresight.
A. Imprudence C. Intelligence
B. Negligence D. Intent
26. It indicates deficiency of action; failure to take the necessary precaution to avoid injury to person or
damage to property; usually it involves lack of skill.
A. Imprudence C. Intelligence
B. Negligence D. Intent
27. The following are elements of felony, except:
A. There must be an act or omission.
B. There must be motive and opportunity to commit the crime.
C. The act or omission must be punishable by the RPC.
D. The act is performed, or the omission is incurred, by means of dolo or culpa.
28. This is the element of a felony which pertains to the moral capacity of a person to understand the
consequences of his acts whether they be right or wrong.
A. Freedom C. Intelligence
B. Intent D. Imprudence
29. This kind of felony exists when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
A. Default C. Fault
B. Deceit D. Mistake
30. Under this principle in Criminal Law, the Philippine penal laws apply and operate within Philippine
territory. Hence, a crime committed within the Philippine national territory is punishable under
Philippine criminal laws.
A. Extraterritoriality C. Generality
B. Prospectivity D. Territoriality
31. Under this principle of law, the Philippine laws bind all persons residing or sojourning within the
Philippines.
32. Under this rule, Philippine penal laws apply and operate from the date of its effectivity and onward
and it cannot punish acts committed prior to its effectivity.
33. A Chinese citizen who commits violation of the Comprehensive Dangerous Drugs Act (RA No. 9165)
may be prosecuted in the Philippines under this principle in Criminal Law.
A. Territoriality C. Generality
B. Extraterritoriality D. Prospectivity
34. Under this principle, Philippine courts have jurisdiction over crimes committed within the
Philippines.
A. Prospectivity C. Generality
B. Territoriality D. Extraterritoriality
35. An Arab citizen who forges Philippine coins and currency in Hong Kong may be prosecuted in the
Philippines under this principle in Criminal Law.
A. Extraterritoriality C. Prospectivity
B. Generality D. Territoriality
36. A French citizen who played on the genetalia of little boys cannot be prosecuted under the Anti-
Pedophilia Law because said law was not yet passed at the time of commission. What principle in
Criminal Law governs this act?
A. Extraterritoriality C. Intraterritoriality
B. Generality D. Prospectivity
37. The following persons, except one, are immune from the application of Philippine criminal laws.
Which one is not vested with immunity under International law?
A. Ambassador C. President
B. Consul D. Prime minister
38. In this kind of mistake, the accused failed to hit his intended victim due to poor aim or lack or skill
and another person is hit instead.
A. Mistake of fact C. Aberatio ictus
B. Error in personae D. Praeter intentionem
39. In this kind of mistake, the accused failed to identify his intended victim and hit a different person
not in the mind of the accused.
A. Error in personae C. Mistake of fact
B. Aberation ictus D. Mistake in identity
40. When the accused intended to inflict only slight physical injury but his act resulted in a
graver offense, the mistake thus committed is__________________________.
A. Mistake in the blow C. Mistake of fact
B. Error in persona D. Praeter intentionem
41. This kind of cause and effect is the basis in determining and establishing criminal liability. It defined
as 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. Probable cause C. Immediate cause
B. Proximate cause D. Direct cause
42. This kind of cause exculpates or exonerates an accused from criminal liability due to the peculiar
nature of the crime and/or of the circumstances affecting their commission.
A. Probable cause C. Efficient intervening cause
B. Proximate cause D. Absolutory cause
43. This is a philosophical concept which traces the source or origin of the act as the basis of incurring
criminal liability.
44. This is a medical concept which refers to the immediate cause of death resulting from accident or
incident.
45. This kind of cause is the last of the series of physical motion which resulted to death or physical
injury arising from accident or incident.
46. This kind of cause cuts or disconnects the cause and effect between the act committed and the
injury inflicted and which results in the exoneration of the accused.
A. Probable cause C. Efficient intervening cause
B. Proximate cause D. Absolutory cause
47. This is the kind of cause which can be interrupted by any efficient intervening cause.
48. This is the last cause in the chain or series of events which leads or results in the injury.
49. This is the first cause in the chain or series of events which leads to or results in the injury.
50. An act or omission resulting from misapprehension of facts which is voluntary but not intentional.
A. Impossible crime C. Accident crime
B. Mistake of fact D. Mistake of law
51. The following crimes are mala prohibita, except:
A. Rape with homicide C. Illegal possession of dangerous drugs
B. Illegal Possession of Firearms D. Jay walking
52. The following crimes are mala in se, except:
A. Murder C. Robbery
B. Rape D. Illegal possession of firearms
53. It is an absolutory cause which negates criminal liability because the law encourages an individual to
repent and cease from executing the criminal act which he had already commenced.
A. Spontaneous reluctance C. Spontaneous desistance
B. Spontaneous repentance D. Spontaneous avoidance
54. These kinds of crimes do not have attempted and frustrated stage of execution inasmuch as they are
consummated by a single act as a matter of law. Hence, they are otherwise called a crimes of effect.
A. Formal crimes C. Material crimes
B. Informal crimes D. Immaterial crimes
55. These kinds of crimes have three stages of execution (attempted, frustrated, and consummated) and
are punishable in each stage.
A. Formal crimes C. Material crimes
B. Informal crimes D. Immaterial crimes
56. The immunity of foreign diplomats, like ambassadors, from Philippine penal laws is an exception to
this characteristic of criminal law:
A. Territoriality C. Prospectivity
B. Generality D. Extraterritoriality
57. When PNP personnel arrest foreign tourists for engaging in prostitution in the country, the
characteristic of criminal law being involved is:
58. The arrest of pirates from the high seas by Philippine Coast Guard is an exemption to this
characteristic of criminal law:
59. An ex post facto law violates this particular characteristic of criminal law:
60. The following are the three (3) stages of execution in the commission of a felony, except:
A. Consummated C. Attempted
B. Frustrated D. Executed
61. In this stage of execution, the accused had performed all the acts of execution but the felony
intended to be committed is not produced.
B. Frustrated D. Executed
62. In this stage of execution, all the acts of execution had been performed and the intended felony is
produced.
B. Frustrated D. None of the above
63. In this stage of execution, the accused had commenced the commission of a felony but did not
perform all the acts of execution which should produce because of spontaneous desistance.
B. Frustrated D. None of the above.
64. In this stage of execution, all the acts of execution were not performed but the accused had
commenced the commission of a felony directly by overt act.
B. Frustrated D. None of the above
65. In the classifications of felony under RA No. 10951 which amended the amount of fines in the Revised
Penal Code, the amount of fine in Light Felony is __________________________.
A. Exactly P40, 0000.00 C. More than P40,000.00
B. Less than P40,000.00 D. Not exceeding P40,000.00
66. The amount of fine in Light Penalty under RA No. 10951 is ______________________.
A. Exactly P40,000.00 C. Not more than P40,000.00
B. Exceeding P40,000.00 D. Less than P40,000.00
67. What is the classification of felony as to fine if the amount is exactly P1,200,000.00?
A. Grave Felony C. Light felony
B. Less Grave Felony D. Light grave felony
68. These are felonies for which the law attaches the capital punishment or penalties which in any of
their periods are afflictive.
A. Grave Felony C. Light felony
B. Less Grave Felony D. Light grave felony
69. The following are afflictive penalties, which one is a correctional penalty?
A. Reclusion perpetua C. Life imprisonment
B. Reclusion temporal D. Prision correccional
70. The following are correccional penalties, which one is an afflictive penalty?
A. Arresto mayor C. Prision mayor
B. Arresto menor D. Prision correccional
71. What is the degree and period of penalty if the imprisonment imposed by the court is exactly six (6)
years?
A. Prision mayor, minimum c. Presion correctional, medium
B. Prision correcional, maximum D. Presion correctional, minimum
72. The following are afflictive penalties, except:
A. Death C. Prision mayor
B. Reclusion Temporal D. Arresto mayor
73. The following degrees of penalty do not have minimum, medium and maximum periods. They are
called indivisible penalties. Which one is a divisible penalty?
A. Capital punishment C. Reclusion perpetua
B. Life imprisonment D. Reclusion temporal
74. This is the classification of a felony according to gravity when the penalty prescribed by law is six (6)
years.
A. Grave felony C. Light felony
B. Less grave felony D. No choice available
75. This is the minimum number of persons involved in conspiracy to exist.
A. Not less than 2 persons C. Less than 2 persons
B. 2 persons only D. More than 2 persons
76. The following crimes are punishable by mere proposal, except:
A. Treason C. Coup d’ etat
B. Sedition D. Instruction
77. The following crimes are punishable by mere conspiracy, except:
A. Treason C. Coup d’ etat
B. Sedition D. Murder
78. Under this principle, the punishment for one accused is the punishment for all convicts regardless of
the extent or degree of their participation because the act of one is deemed to be the act of all.
A. Treachery C. Ignominy
B. Conspiracy D. Cruelty
79. Under this circumstance, the actor acted without intent and is deemed to have committed no crime
because his act is completely justified. Hence, there is neither criminal liability nor civil liability.
A. Justifying circumstance C. Aggravating circumstance
B. Mitigating circumstance D. Exempting circumstance
80. Under this circumstance, the actor has committed a wrongful act but he is excused from criminal
liability because he either had performed the act without intelligence, or freedom, or both.
81. There is no criminal liability, but there is civil liability under this circumstance.
82. Under this circumstance, the actor has committed a wrongful act and is fully criminally liable but his
punishment is lessened on account of his lesser degree of perversity.
83. Under this circumstance, the actor has committed a wrongful act and is fully criminally liable but his
punishment is increased on account of his graver degree of perversity.
84. Under this circumstance, there is no crime committed and the actor is not criminally responsible.
85. The penalty is decreased under this circumstance.
86. The punishment is increased under this circumstance.
87. The following are the elements of self-defense, except;
A. Unlawful aggression
B. Reasonable necessity of the means employed to prevent or repel the unlawful aggression
C. Lack of sufficient provocation on the part of the person defending himself
D. That the mistake must be without negligence or carelessness on the part of the accused
88. Which one is the indispensable element of self-defense?
A. Unlawful aggression
B. Reasonable necessity of the means employed to prevent or repel the unlawful aggression
C. Lack of sufficient provocation on the part of the person defending himself
D. None of the above.
89. The following are the relatives of the accused in cases of defense of relatives, except:
A. Spouse C. Brother/sister
B. Father/mother D. Fiancee E. Spouse’ father
A. Son/daughter C. Nephew/niece
B. grandfather/grandmother D. Uncle/auntie E. Mother’s cousin
A. First cousin C. Nephew’s wife
B. Grandfather’s brother D. Grandmother’s mother E. Wife’s cousin
92. The following are strangers for purposes of defense of stranger, except:
A. Wife’s daughter from previous marriage C. Wife’s niece
B. Illegitimate brother D. Cousin’s child E. Son’s friend
93. This is equivalent to an actual physical assault, or threatened assault of an immediate and imminent
kind which is offensive and positively strong, showing the wrongful intent to cause harm.
A. Unlawful aggression C. Mistake of fact
B. Self-defense D. Reasonable necessity
94. The following are the three (3) kinds of self-defense, except:
A. Defense of relatives C. Defense of life and limb
B. Defense of honor D. Defense of property
95. X attacked B and inflicted serious physical injury against him to prevent B from hacking and killing
X’s illegitimate grandfather. This is a circumstance of _______________________________________.
A. Defense of honor C. Defense of relatives
B. Self-defense D. Defense of stranger
96. X defended his illegitimate sister and inflicted less serious physical injury against the person who
attempted to rape her. This is a case of _______________________________________.
A. Defense of honor C. Defense of relatives
B. Self-defense D. Defense of stranger
97. A child, 17 years of age, inflicted serious physical injury against his uncle, 45 years old, who chided
him for excessive and abusive use of cellphone. This is a circumstance of __________________________.
A. Justifying circumstance C. Exempting circumstance
B. Mitigating circumstance D. Aggravating circumstance
98. The following are the requisites of State of Necessity, otherwise known as Avoidance of Greater Evil
except:
A. That the person defending be not induced by revenge, resentment, or other evil motive.
B. That the evil sought to be avoided actual exists.
C. That the injury feared be greater than that done to avoid it.
D. That there be no other practical and less harmful means of preventing it.
99. This one who is under 18 years of age is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws.
A. Child in conflict with the law C. Child in harmony with the law
B. Parents in conflict with the child D. Child in conflict with the parents
100. In the exempting circumstance of minority, this is the elements of a felony by dolo which is absent
in the commission of the crime.
101. This element of a felony by dolo is absent in the exempting circumstance of insanity.
102. This element of a felony is absent in the justifying circumstance of defense of stranger.
103. The following are justifying circumstances, except:
A. Self defense C. Defense of relatives
B. Defense of strangers D. Compulsion of irresistible force
104. The following are justifying circumstances, except:
A. Avoidance of a greater evil C. Fulfillment of duty
B. Imbecility/Insanity D. Obedience to an order
Prepared by:
GALAO GAANO LOMIOAN, AB; LLB.

Civil Service Passer
Bar Exam Passer
Noted by:
MARK P CIANO, MSCrim

Dean
Reviewed by:
PRECY DEVERATURDA, MPC, CESE

VP-Academics
Approved by:
JOSSETTE Y. PEREZ-DAES, RN; MAEd

LWLZ President

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CLJ3 Modular Prel Exam Q 31.01.2024

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COLLEGE OF CRIMINAL JUSTICE EDUCATION AND

GALAO GAANO LOMIOAN, AB; LLB.

MARK P CIANO, MSCrim

PRECY DEVERATURDA, MPC, CESE

JOSSETTE Y. PEREZ-DAES, RN; MAEd

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