2 Juris Flashcards
- Which one is an exception to the territorial application of Criminal Law?
A. Law is given retroactive effect. B. Law of preferential application. C. Bill of Attainder. D. While being public officers or employees, should commit an offense in the exercise of their functions. E. All of these
B. Law of preferential application.
- When an accused is on trial for a new crime and has previously served sentence for another crime to which the law attaches an equal greater penalty, or for two or more crimes to which the law attaches a lighter penalty, there’s an aggravating circumstances of
A. abuse of Confidence C. treachery or alevosia
B. reiteracion or habituality D. unlawful Entry
B. reiteracion or habituality
- Lando is an employee of Baltik Trade Corp. As an employee thereof, he was able to learn the safety vault combination. One Saturday evening he went to their Office to steal the money placed in the safety vault. He found it empty. For what crime is he liable of:
A. Attempted Theft C. Frustrated Theft
B. Impossible Crime D. Attempted Robbery
Impossible Crime
- The legal term “DELITO COMPUESTO” is best described as
A. Two acts producing two or more grave or less felony.
B. A crime as a necessary means of committing another crime.
C. A single act producing two or more grave or less felony.
D. A single act producing two or more light felonies.
B. A crime as a necessary means of committing another crime.
- Jorge is under detention for violation of RA 6425. One day he was involved in a fight with e fellow inmate. He killed his fellow inmate, thus a case of homicide was also filed. Is Jorge a recidivist?
A. Yes, because his second crime is considered as felony.
B. Yes, because he is already convicted of the first crime.
C. No, because he is convicted of his first crime.
D. No, because he is not yet convicted of his first crime.
D. No, because he is not yet convicted of his first crime.
- Berto unlawfully shot to death Facundo while the latter was at his brother’s house. What aggravating circumstance is present?
A. Disregard of sex C. Nighttime
B. Dwelling D. Superior strength
Superior strength
- Which of the following is composed of three distinct penalties each forming a period?
A. Complex crime C. Complex Penalty
B. Complex Law D. Complex term
C. Complex Penalty
- Caleb saw Mark attacking his own (Mark’s) wife with a Rambo knife. Caleb approached Mark and struggled for the possession of the weapon, in the course of which Caleb killed Mark. What justifying circumstance is present?
A. Defense of Stranger C. Defense of Relative
B. Self-Defense D. Avoidance of Greater Evil of Injury
C. Defense of Relative
- The penalty to be imposed to an accused over 9 year of age but below 15 year old will be lowered by -
A. Two degrees C. One degree
B. Three degrees D. Four degrees
C. One degree
- Rudy killed Dick out of rivalry for the love of Dina. What mitigating circumstance is present?
A. Passion and Obfuscation C. Confession of guilt
B. Vindication of grave offense D. Provocation of threat
A. Passion and Obfuscation
- Rino introduced himself as the Municipal Mayor as he was pacifying Bruno and Kulas who were fighting inside a beer joint. Notwithstanding his presence, Bruno and Kulas continued to fight until Bruno succeeded in killing Kulas. What aggravating circumstance is present?
A. In contempt or with insult to the public authority.
B. Disregard of Rank
C. Abuse of confidence
D. Band
C. Abuse of confidence
- Before killing his victim, Abel drank gin to make him bolder in the commission of the crime. What alternative circumstance is present?
A. Age and Rank C. Education
B. Intoxication D. Relationship
C. Education
- Banong, thinking that the person walking in a dark alley was Erap, his bitter enemy, fired at that person, who was killed as a result. It turned out that the victim was Banong’s own father. There was ____________.
A. Error in personae C. Praeter intentionem
B. Aberratio ictus D. Complex crime
C. Praeter intentionem
- Death and Reclusion Perpetua prescribe in ___________.
A. 30 years C. 20 years
B. 40 years D. 10 years
B. 40 years
- Criminal liability is partially extinguished by _____________.
A. Serving completely the sentence C. Conditional Pardon
B. Amnesty D. Parole
B. Amnesty
- What kind of penalty is imposed when an accused was sentenced to pay a fine of exactly PhP 200.00.
A. Correctional Penalty C. Less grave felony
B. Grave felony D. Light penalty
D. Light penalty
- Which of the following statements best defines “IMPUTED NEGLIGENCE?”
A. Negligence that was cut-off.
B. That the parents of the minor are presumed negligent if the minor staying with them commits a crime.
C. Crime that can be avoided.
D. Felony committed through negligence.
B. That the parents of the minor are presumed negligent if the minor staying with them commits a crime.
- Which of the following is not a source of Phil. Penal Laws?
A. Rev. Penal Code C. Special Penal Laws
B. Penal Pres. Decrees D. Legislative Decrees
C. Special Penal Laws
- Philippine Penal Law is applicable within the Philippine territory to include
A. All of these C. interior waters
B. its atmospheres D. maritime zone
A. All of these
- Which of the following is the best example of obligation and securities issued by the Philippine Government?
A. money bills C. Coins
B. Government Bonds D. Letter of Credit
C. Coins
- Who among the following persons is not exempted from criminal liability?
A. Ambassadors C. ministers
B. changes d’ affraires D. consuls
A. Ambassadors
- What are the criminal acts punished by the Revised Penal Code?
A. Felonies C. Crimes
B. Offenses D. Misdeameor
A. Felonies
- What will a judge do if the acts done by a person being tried in court is not covered by law?
A. Convict the accused C. Place the accused under probation
B. Acquit the accused D. Give the accused Parole
D. Give the accused Parole
- A swift attack on a military installation by elements of the AFP or police is the same as
A. promoting rebellion C. Rebellion
B. coup de ‘etat D. Insurrection
D. Insurrection
- What is the legislative action that punishes without trial?
A. Ex-post facto law C. bill of attainder
B. Unconstitutional law D. penal attainder
A. Ex-post facto law
- What is the stage of the commission of a felony when all the elements necessary for its execution and accomplishment are present?
A. attempted C. consumated
B. frustrated D. enumerated
C. consumated
- This is incurred by a person committing a felony although the wrongful act done by different from what he intend to do.
A. Felony C. offense
B. criminal liability D. civil liability
C. offense
- This is committed when a person who decided to commit a felony proposes its execution to another person.
A. Accessory C. accomplice
B. conspiracy D. proposal
B. conspiracy
- Which of the following refers to the power of the state to define and punish crime?
A. power of eminent domain C. legislative power
B. notice power D. executive power
C. legislative power
- Rebellion treason and sedition are crimes against -
A. public security C. national government
B. public service D. national security
C. national government
- If an offense was committed by a Japanese national on board a Singapore Airlines plane abort to land at the NAIA. What penal law will apply -
a. Singapore Law b. Philippine Law
c. Japanese Law d. International Law
b. Philippine Law
- Which of the following words has the same meaning as the word deceit?
A. dolo B. culpa C. fault D. negligence
C. fault
- A chief of Police of a municipality, believing in good faith that a prisoner serving a ten-day sentence in the municipal jail, would not escape, allowed said prisoner to sleep at the latter’s house because the municipal jail was so congested and there was no bed space available. Accordingly, the prisoner went home to sleep every night but returned to jail early each morning, until the ten-day sentence had been fully served. What crime was committed by the chief of police?
A. infidelity of public officer
B. dereliction of duty
C. illegal detention
D. consenting on conniving to evasion
B. dereliction of duty
- Pascual operated a rice thresher in Barangay Napnud where he resided. Renato, a resident of the neighboring Barangay Guihaman, also operated a mobile rice thresher which he often brought to Barangay Napnud to thresh the Palay of the farmers there. This was bitterly resented by Pascual. One afternoon Pascual, and his two sons confronted Renato and his men who were operating their mobile rice thresher along a feeder road in Napnud. A heated argument ensued. A barangay captain who was fetched men tried to appease Pascual and Renato to prevent a violent confrontation. However, Pascual resented the intervention of the barangay captain and hacked him to death.
A. Homicide with assault upon a person is authority
B. Direct assault
C. Homicide with assault upon an agent of a person in authority
D. indirect assault
E. Homicide
A. Homicide with assault upon a person is authority
- Suspecting that Juan was a drug pusher, SPO2 Mercado, leader of the NARCOM team, gave Juan a P100-bill and asked him to buy some marijuana cigarettes. Desirous of Pleasing SPO2 Mercado, Juan went inside the shopping fifteen minutes, Juan returned with the sticks of marijuana cigarettes which he gave to SPO2 Mercado who thereupon placed Juan under arrest and charged him with violation of The Dangerous Drug Law by selling marijuana cigarettes. Is Juan guilty of any offense punishable under the Dangerous Drugs Act?
A. No, Juan is Not guilty of any offense
B. Yes, Juan is guilty of under the Dangerous Drugs Act.
C. Yes, for illegal possession of marijuana
D. Yes, for Illegal selling of marijuana
E. c and d only
C. Yes, for illegal possession of marijuana
- PO1 Guzman saw Gorio, an inmate, escaping from jail and ordered the latter to surrender. Instead of doing so, Gorio attacked PO1 Guzman with a bamboo spear. Gorio missed in his first attempt to hit PO1 Guzman and before he could strike again. PO1 Guzman shot and killed him. Is PO1 Guzman criminally liable?
A. yes self defense was proper B. No, crime of murder was committed C. No, there was treachery D. No Crime, of homicide was committed E. Yes, because Filemon was a criminal
B. No, crime of murder was committed
- CINSP Menor, while patrolling Bago-Bago community in a Police car with SPO3 Caloy Itliong, blew his whistle to stop a Nissan Sentra car which wrongly entered a one-way street. After demanding from Linda Lo Hua, the driver, her driver’s license, Menor asked her to follow them to the police precinct. Upon arriving there, he gave instructions to Itliong to guard Lo Hua in one of the rooms and not to let her out of sight until he returns; then got the car key from Lo Hua. In the meantime, the latter was not allowed to make any phone calls but was given food and access to a bathroom. When Menor showed up after two days, he brought LO Hua to a private house and told her that he would only release her and return the car if she made arrangements for the delivery of P5,000.00 in a doctor’s pad at a certain place within the next twenty-four hours. When Menor went to the designated spot to pick up the bag of money, he suddenly found himself surrounded be several armed civilians who introduced themselves as NBI agents. What crime was committed by Major Menor?
A. arbitrary detention D. incriminatory machinations
B. illegal detention E. forcible abduction
C. Kidnapping
C. Kidnapping
- Rudy is an informer who told the Police authorities that Aldo is a drug pusher. PO2 Cruz then posed as a buyer and persuaded Rudy to sell marijuana worth P10.00 to the Aldo. Rudy agreed. He delivered the goods and so Aldo was apprehended with the marked money. Aldo is now prosecuted for violation of the Dangerous Drugs Act. Is the act of the police officer proper?
A. No, because there was investigation
B. Yes, because Aldo is a pusher
C. Yes, because there was entrapment
D. A and C
E. No, because it was the policeman himself who acted as pusher buyer
A. No, because there was investigation
- Amy was apprehended and arrested by PO1 Bart for illegal parking. She was detained at the police precinct, underwent investigation, and released only after 48 hours. What crime was committed by PO1 Bart?
A. unlawful arrest B. arbitrary detention C. illegal arrest D. illegal detention E. Delay in the delivery of detained persons to the proper judicial authorities
D. illegal detention
- Ador, a policeman, was cleaning his service pistol inside his house when it fell from his hand and fired. The bullet hit a neighbor on the stomach and a second neighbor on the leg. The injuries sustained by the two neighbors required thirty-five(35) days and nine (9) days of medical attendance, respectively. What crime should be filed against Ador?
A. Frustrated homicide and slight physical injuries
B. 1 count of frustrated homicide
C. 1 separate crime of serious physical injuries and slight physical injuries
D. a separate crimes of serious physical injuries and slight physical injuries, both through reckless imprudence
E. serious physical injuries
C. 1 separate crime of serious physical injuries and slight physical injuries