Final Exam KAYA KO TO Flashcards by Ruth Boaz

Daniel was sentenced to prision mayor and to pay a fine of P50,000.00, with subsidiary imprisonment in case of insolvency. Is the sentence correct?

A. Yes, because Luis has no property to pay for the fine, so he must suffer the equivalent imprisonment provided by law In lieu of fine.

B. No, because subsidiary imprisonment is applicable only when the penalty imposed is prision correccional or below.

C. Yes, because the sentence says so.

D. No, because the subsidiary imprisonment is applicable only when the penalty imposed is limited to a fine. (E) None of the above.

B. No, because subsidiary imprisonment is applicable only when the penalty imposed is prision correccional or below.

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X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the circumstances:

A. X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim.

BX may plead praetor intentionem since he intended only to scare, not kill Z.

C. X may plead aberratio ictus as he had no intention to hit Z.

D. X nay plead mistake of identity as he had no intent to kill Z when he fired his gun.

A. X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim.

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A foreigner residing in Hong Kong counterfeits a twenty-peso bill issued by the Philippine Government. May the foreigner be prosecuted before a court in the Philippines?

A. No. The provisions of the Revised Penal Code are enforceable only within the Philippine Archipelago.

B. No. The Philippine Criminal Law is binding only on persons who reside orsojourn in the Philippines.

C. No. Foreigners residing outside the jurisdiction of the Philippines are exempted from the operation of the Philippine Criminal Law.

D. Yes. The of the Revised Penal Code are enforceable also outside the jurisdiction of the Philippines against those who should forge or counterfeit currency notes of the Philippines or obligations and securities issued by the Government of the Philippines

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Felonies are classified according to manner or mode of execution into feloniescommitted by means of deceit (dolo) and by of fault (culpa). Which of thefollowing causes may not give rise to culpable felonies?

A. Imprudence

B. Malice

C. Negligence

D. Lack of foresight

B. Malice

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Can there be a frustrated impossible crime?

A. When the crime is not produced by of the inherent impossibility of its accomplishment, it is a frustrated Impossible crime.

B. No. There can be no frustrated impossible crime because the means employed to accomplish the crime is inadequate or ineffectual.

C. Yes. There can be a frustrated impossible crime when the act performed would be an offense against persons.

D. No. There can be no frustrated impossible crime because the offender has already performed the acts for the execution of the crime

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In criminal law, error in personae or mistake in identity occurs when

A . the offender hits or injures another person and not the victim intended

B. the offender another due to personal reason

C. the offender knows personally the victim

D. the offender hits an unknown person

A . the offender hits or injures another person and not the victim intended

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In criminal law, aberratio ictus or mistake in the blow occurs when

A. the offender hits another which he intended

B. the offender knows he hits another known to him

C. the offender delivers a blow at his intended victim but does not hit him, and instead, such blow lands on an unintended victim.

D. the offender mistakenly identified by the police

C. the offender delivers a blow at his intended victim but does not hit him, and instead, such blow lands on an unintended victim.

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Praeter intentionem occurs where the consequence is greater than the one intended. This is a mitigating circumstance.

A. No, it is aggravating circumstance

B. Yes, it is a mitigating circumstance

C. A and B are both wrong

D. A and B are both correct

B. Yes, it is a mitigating circumstance

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Crimes mala in se are punishable under the Revised Penal Code while crimes mala prohibita are punished under special laws. This statement is

A. Correct

B. Wrong

C. No legal basis

D. Unacceptable

A. Correct

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The basis of criminal liability in mala in se is intent while the basis of crimes mala prohibita is

A. environmental

B. opportunity

C. voluntariness

D. stage of execution

C. voluntariness

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The stages of execution affect the penalty imposable in crimes mala in se; there are no stages of execution in crimes mala prohibita. This statement is

A. Correct

B. Wrong

C. Has no legal basis

D. Depends on the rules of court

A. Correct

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Under the law, what is known as an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment, or on account of the employment of inadequate or ineffectual means?

A. Mala prohibita

B. Mala in se

C. Impossible crime

D. Incomplete crime

C. Impossible crime

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In criminal law, instigation takes place when

A. a peace officer induces a person to commit a crime

B. a peace officer entraps a person

C. a peace officer subjected someone to surrender

D. a peace officer commits the crime of abduction

A. a peace officer induces a person to commit a crime

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Reclusion Perpetua is a penalty prescribed under the Revised Penal Code, what about the penalty of life imprisonment?

A. reclusion perpetua is the same as life imprisonment

B. life imprisonment is prescribed under special laws

C. the difference is in accordance with rules of court

D. none of the above is correct

B. life imprisonment is prescribed under special laws

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Is Reclusion Perpetua as a penalty has accessory penalties?

A. Yes, it has

B. No, accessory penalties apply to the penalty of Life imprisonment

C. It depends solely on the felony committed

D. No, there is no such any accessory penalties

A. Yes, it has

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In Reclusion Perpetua, the accused is entitled to parole after serving 30 years imprisonment, Life mprisonment has no fixed duration. This statement is?

A. Correct

B. Incorrect

C. It depends

D. Unacceptable

A. Correct

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As a rule, if the offender in a criminal case is acquitted, his civil liability is also extinguished.

A. Correct with exceptions to the rule

B. Incorrect, because the offender is guilty

C. It depends, without exceptions

D. Civil liability is never extinguished

A. Correct with exceptions to the rule

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In ______ circumstance, the act of the accused is in accordance with law, hence, he incurs no criminal lability. Since there is no crime, there is no criminal.

A. Mitigating

B. Exempting

C. Justifying

D. Aggravating

B. Exempting

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Failure to perform a duty required by law.

A. Exception

B. Exclusion

C. Avoidance

D. Omission

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There is no crime when there is no law punishing it. In criminal law, this principle is known as

A. Nullum crimen, nulla poene sine lege

B. Ignorantia Legis Non Excusat

C. Actus Non Facit Reum, Nisi Mens Sit Rea

D. Actus Me Invito Factus Non Est Meus Actus

A. Nullum crimen, nulla poene sine lege

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These Felonies are committed by means of deceit (dolo).

A. Felonies

B. Intentional Felonies

C. Unintentional Felonies

D. None of the Above

B. Intentional Felonies

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These Felonies are committed by means of fault.

A. Culpable Felonies

B. Intentional Felonies

C. Unintentional Felonies

D. None of the Above

A. Culpable Felonies

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This classification of felony has the following requisites, freedom, intelligence, and intent.

A. Culpable Felonies

B. Intentional Felonies

C. Unintentional Felonies

D. None of the Above

B. Intentional Felonies

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Which of the following is not a characteristics of an offense mala in se?

A. Moral trait of offender is considered.

B. Good Faith is a defense

C. Mitigating and aggravating circumstances taken into account in imposing penalty

D. Degree of participation when there is more than one offender is generally not taken into account

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Which of the following is not a characteristic of an offense mala prohibita? A Mitigating and aggravating circumstance is not generally taken into account B. Degree of accomplishment of the crime is taken into account only when consummated C. Good Faith is not a defense D. Moral trait of offender is considered.

D. Moral trait of offender is considered.

Moving power which impels one to act. A. Motive B. Intent C. Purpose D. None of the Above

A. Motive

Purpose to use a particular means to effect a result. A. Motive B. Intent C. Purpose D. None of the Above

B. Intent

X is the boyfriend of Y. One night against Y's will, X forcefully had sex with Y. X now is facing charges for rape. Assuming that Y agrees to the proposal of marriage by X, what will happen to X's criminal liability if marriage takes place? A. criminal liability is partially extinguished B. criminal liability is totally extinguished C. It has no effect because rape now is a private crime where the state can prosecute the case alone D. the marriage has no bearing because the two are sweethearts and therefore it is the perfect right of X to rape Y.

B. criminal liability is totally extinguished

Which among the following is a qualifying circumstance of murder? A. treachery B. habitual delinquency C. relationship D. intoxication

A. treachery

Consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of Inexcusable lack of precaution of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, condition and circumstances regarding persons, time and place. A. Reckless imprudence B. Reckless driving. C. Incriminating innocent person D. Intriguing against honor

A. Reckless imprudence

Under the the maximum duration of the convict's sentence shall not be more than three (3) times the length of time corresponding to the most severe penalties imposed upon him which however shall not exceed forty (40) years. A. Supreme Court Ruling B. Revised Penal Code C. 1987 Constitution D. Three fold rule in the service of sentence

D. Three fold rule in the service of sentence

Which law prohibited the imposition of the death penalty? A. RA 9262 B. RA 9346 C. RA 9211 D. RA 9344

B. RA 9346

A____ exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. A. conspiracy C. proposal B. piracy D. criminal agreement

A. conspiracy

It is that characteristics of criminal law which states that criminal law is binding on all persons who live or sojourn in the Philippines regardless of sex, age and nationality. A. General B. Practical C. Territorial D. prospective

A. General

Article 366 is the second to the last article of the RPC. It says: felonies and misdemeanors, committed prior to the date of the of this Code, shall be in accordance with the Code or acts in force at the time of their commission" This illustrates one of the characteristics of the Revised Penal Code which is: A. general B. prospective C. territorial D. extraterritorial.

B. prospective

Material crimes are crimes that have three stages namely attempted, frustrated and consummated stages, whereas are crimes that are consummated in one instant, that is it may not have an attempted or a frustrated stage as acts of lasciviousness, slander, false testimony etc. A. formal crimes C. continuing crimes B. material crimes D. complex crimes

A. formal crimes

As a general rule light felonies are punishable only when they are against persons or property. with the exception of those committed A. consummated B. frustrated C. attempted D. none of the above

A. consummated

One of the theories in criminal law which states that man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his own volition. A. Positivist theory C. Neo classical theory Classical theory D. All of the above.

A. Positivist theory

is an act of sovereign power granting a general pardon for past offense and is rarely exercised in favor of a single individual and is usually granted to certain classes of persons usually political offenders, who are subject to trial but not convicted. A. pardon C. parole B. commutation D. amnesty

D. amnesty

It is a rule regarding the jurisdiction of a coastal state whenever a crime is committed aboard a foreign merchant vessel whenever that merchant vessel is within the jurisdiction of that coastal state. According to this rule such crimes are triable in that country, unless their commission affects the peace and security of the coastal state. A. French Rule 8. Filipino Rule C. English Rule D. American Rule

C. English Rule

Acts and omissions punishable by law (RPC) are known as: A. Felonies B. Fault C. Culpa D. Crimes

A. Felonies

Who grants absolute pardon the effect of which will extinguish criminal liability? A. Chief Executive or President B. Pardon or Parole C. Offended party D. Supreme Court

A. Chief Executive or President

There is when the criminal act is performed with deliberate Intent. A. freedom of action. B. fault C. fault D. Odolo or deceit

D. Odolo or deceit

A felony is when the offender performs all the acts of execution which should produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. A. consummated felony B. frustrated felony C. attempted felony D. infraction of law

B. frustrated felony

What aggravating circumstance generally can be applied to all offenses/crimes like recidivism, dwelling, price, etc? A. specific C. Inherent B. generic D. qualifying

B. generic

What is the prescriptive period of crimes punishable by death reclusion perpetua or reclusion temporal? A.5 years B. 10 years C. 15 years D. 20 years

D. 20 years

What characteristics of criminal law says that "criminal laws undertake to punish crimes committed in Philippine territory?" A. general B. prospective C.extraterritorial D. territorial

D. territorial

It is an aggravating circumstance done by the offender by which means are resorted to in order to conceal his identity súch as covering his face with a bonnet/handkerchief at the time of the commission of the crime A.craft B. fraud C. disguise D. Ignominy

C. disguise

There is persons. when a person who has decided to commit a felony proposes its execution to some other person or persons A. conspiracy B. proposal C. collusion D. collaboration

B. proposal

are those where act committed is a crime, but for reasons of public policy no penalty is imposed. A. absolutory causes B. exempting circumstances C. mistake of fact D. instigation

A. absolutory causes

In the old days what was followed was the retreat to the wall doctrine. NOW, it has given way to the stand grond when in the right doctrine which means: A. where the accused defender is where he has the right to be, the law does not require him to retreat when his assailant is advancing upon him with a deadly weapon B. the accused/defender must as much as possible retreat when his opponent is attacking him and fight only when there is no other way of escaping such as when comered against the wall. C. the accused/defender must not fight in any event D. the accused/defender must stand and wait for the fatal blow until he dies.

A. where the accused defender is where he has the right to be, the law does not require him to retreat when his assailant is advancing upon him with a deadly weapon

X, Y and Z conspired to rob the Philippine National Bank in their secret safe house. While they are planning how to commit the crime, operatives of the NBI barged in and arrested the group. What crime was committed by X, Y and Z? A. no crime was committed B. Under the facts no crime was committed as mere conspiracy to commit a crime is not punishable C attempted robbery D. Frustrated robbery

B. Under the facts no crime was committed as mere conspiracy to commit a crime is not punishable C attempted robbery

X was charged before the court. During the pendency of his trial he died. What would be the effect of his death on the case involved and on his criminal liability? A. the criminal case will be dismissed and his criminal liability is extinguished. B. the criminal case will proceed and his criminal liability is not extinguished.. C. the criminal case will be archived to wait for his resurrection. D. actually there will be no effect at all because his relatives will be the one to face trial and punished in case of his conviction.

A. the criminal case will be dismissed and his criminal liability is extinguished.

All of following are exempted the operation of our criminal laws EXCEPT: A. Sovereign Heads and Chiefs of State B. Ambassadors C. Consuls D. Ministers Plenipotentiaries and Charge's D Afffaires

C. Consuls

Which article of the Revised Penal Code talks about the extraterritorial provision of the Revised Penal Code that is even certain crimes are still Philippine Courts will have jurisdiction to try those certain offenses. A. article 1 B. article 2 C. article 100 D, article 367

B. Article 2

Which among the following is already punishable by law by mere decision to commit it? A. conspiracy to commit a very beautiful woman B. conspiracy to commit rebellion/insurrection C. conspiracy to commit treason D.conspiracy to kill the Senate President or the Speaker of the House E. both band c

E. both band c

All of the following are exceptions to the territorial characteristics of our criminal laws EXCEPT: A. Those who should commit an offense while on a Philippine Ship or airship. B. Those who should forge or counterfeit any coin or currency note of the Philippine obligations and securities issued by the Philippine government. C. Those who shall commit rebellion against the government o the Philippine Islands even though committed outside the Philippine territory. D. Those who while being public officers or employees should commit an offense in the exercise of their functions.

C. Those who shall commit rebellion against the government o the Philippine Islands even though committed outside the Philippine territory.

Which of the following is always exempted in all cases from criminal liability? A. person fifteen years of age or under B. an imbecile C. insane D. both a and b

D. both a and b

Which of the following is NOT an element of crimes committed by means of dolo or deceit? A Freedom of action of the offender B. Intelligence of the Offender C. Criminal intent of the offender D. Imprudence or negligence of the offender

D. Imprudence or negligence of the offender

is a misapprehension of fact on the part of the person who caused injury to another. That person however is not criminally liable because he did not act with criminal intent. It is expressed in the Latin phrase "ignorantia legis non excusat". A. aberration ictus B. mistake in the blow C. mistake of fuck D. mistake of fact

D. mistake of fact

What is meant by "Actus me invito factus non est meus actus"? A. There is no crime if there is no law punishing it. B. An act done by me against my will is not my act C. The act itself does not make a man guilty unless his intention were so. D. Ignorance of the law excuses no one from compliance therewith.

B. An act done by me against my will is not my act

What is meant by "Actus non facit reum nisi mens sit rea?" A. There is no crime if there is no law punishing it B. An act done by me against my will is not my act C. The act itself does not make a man guilty unless his intention were so. D. Ignorance of fact excuses one from crime.

C. The act itself does not make a man guilty unless his intention were so.

Which of the following crimes over which the Philippine laws have jurisdiction even if the same is committed outside the Philippine territory? A. Espionage B. misprision of treason C. Piracy and Mutiny in the high seas D. treason E. all of the above

E. all of the above

All of the following are requisites of "obedience to order issued by superior" EXCEPT: A. an order has been issued by a superior B. such an order was issued for some lawful purpose C. the means used by the subordinate in carrying the order was lawful D. none of these

D. none of these

X attempted to commit unjust vexation (a crime against personal liberty and security), a light felony punishable by arresto menor against Y. Assume that X was charged before the court of the crime of attempted unjust vexation. What do you think will most likely happen A. X will be convicted as an attempt to commit a crime is punishable. B. X will be convicted but be will placed under probation as the crime is probation able C. X will be acquitted because an attempted light felony of a crime not against persons or property is not punishable under the D. X will bribe the prosecutor so as to secure an acquittal.

C. X will be acquitted because an attempted light felony of a crime not against persons or property is not punishable under the

that branch or division of law which defines crimes, treats of their nature and provides for their punishment? A. Act 3815 C.Criminal Law B. Revised Penal Code D. Criminal Procedure

C. Criminal law

The following are the exceptions to the police power of the state to in act criminal laws, EXCEPT: A. Partakes the nature of Ex post facto law B. Partakes the nature of Bill of attainder C. Imposes cruel and unusual punishment or excessive fines. D. None of these

D. None of these

Which of the following characteristics of the Criminal law states that laws shall have no retroactive effect and that the law shall be forward and the judges should be backward. A. Generality B. Prospectively C. Territoriality D. Dynamically

B. Prospectively

Criminal law is binding on all persons who live or sojourn in Philippine territory regardless of sex, race or religious affiliation. EXCEPT matters covered by: A. Treaty Stipulation C. Public International Law B. Law of Preferential Application D. All of these

D. All of these

By the Principles of Public International law, the following enjoin immunity from the application of the Philippine Criminal law, EXCEPT: A. Consul C. Heads of State B. Ambassador D. Minister de affaires

A. Consul

Acts or omission punishable by law commanding or it: A. Crimes B.Offense C. Felonies D. Infractions of law

A. Crimes

Is the theory in criminal law in which the basis of criminal liability is human free will, the purpose of punishment is Tetribution and is generally exemplified in the Revised Penal Code. A. Eclectic C. Classical Theory B. Positivist Theory D. Neo-Classical Theory

C. Classical Theory

is the Rule applies on Registered vessel on Foreign territorial jurisdiction which generally follows the Nationality Principle and not the Domiciliary Principle except when the crime committed on board vessels affects the national security of the Country where such vessel is located. A. French Rule B. Spanish Rule C. English Rule D. Greek Rule

A. French Rule

The Revised Code otherwise known as Act 3815 took effect on: A. January 1, 1923 C. January 1, 1922 B. January 1, 1932 D. January 1, 1933

B. January 1, 1932

A legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for is judicial determination of guilt A . Ex post facto law B. Bill of attainder C. Retroactivity D. Prospective

B. Bill of attainder

Which of the following is NOT an element of the Crime of Dolo or Deceit? A. Intent C. Freedom B. Intelligence D. Negligence

D. Negligence

These are crimes which are NOT considered bad in itself but the doer is found to have transgress the law for act which it prohibits. A. Crime C. Felonies B. Mala in se D. Mala Prohibita

D. Mala Prohibita

is that act performed which would be an offense against persons or property where it not for the inherent or legal Impossibility of its accomplishment. A. Mala in se C. mala prohibita B. Impossible D. Formal crimes

B. Impossible

It is the moving power or which impels a person to act and not an essential element of a crime but would tend to establish the identity of the perpetrator. A. Intent C. Motive B. Negligence D. ignorance

C. Motive

The following are causes which would produce criminal liability though the result be different from what is intended, EXCEPT: A. Abberatio ictus C. Error in Personae B. Intentionem D. Ignorantia Facti

D. Ignorantia Facti

The offender performs all the acts of execution that would produce the felony as a consequence but the felony is not produced by reason of causes independent of the will of the perpetrator. A . Attempted C. Consummated B. Frustrated D. Formal Crines

B. Frustrated

It is the phases in the commission of a crime where the perpetrator is still in control of the consequences of unlawful act A. Objective C. Subjective phase B. External act D. Internal act

C. Subjective phase

Refers to crimes consummated in one instant or by a single act. A. formal crimes C. formal felonies B. informal crimes D. material crimes

A. formal crimes

The following are exempted from criminal liability, EXCEPT: A. Children 15 years of age below B. Insane persons or Imbecile persons C. Children over 15 but under 18 who acted with discernment D. Children over 15 but under who acted without discernment

C. Children over 15 but under 18 who acted with discernment

Those grounds which makes the person not imputable for the offense since there is a wanting in the agent of the crine of the conditions which make the act voluntary or negligent. A. Justifying C. Exempting B. Mitigating D. Aggravating

C. Exempting

When a public officer convinces a person to commit a felony and would arrest him or her after its commission he is committing. A. Instigation C. entrapment B. conspiracy D. proposal

A. Instigation

It operates to reduce the penalty by one to two DEGREES depending upon what the law provides and cannot be offset by any aggravating circumstances. A. Mitigating Circumstances B. Ordinary mitigating circumstances C. Exempting circumstances D. Privilege Mitigating circumstances

D. Privilege Mitigating circumstances

Is a crime in which a person who at the time of his trial for one crime shall have been previously convicted by final Judgment of another crime to which the law attached an equal or of grater punishment or which is not embraced under the same title of the RPC? A. Recidivism C. Reiteracion B. Quasi-recidivism D. Habitual delinquency

C. Reiteracion

The following circumstances are always mitigated in terms of alternative circumstances, except: A: Low degree education B. Intoxication wherein the drunken person has not intended it or not a habitual drunkard. C. Relationship in crimes against property D. Relationship in crimes against persons.

D. Relationship in crimes against persons.

Crimes are classified in various categories. What classifications of crime is when a single act results to or more serious or less serious offenses. A. Continuing Crime C. Complex crime or delito complejo B. Special complex crime D. Compound crime or delito compuesto

D. Compound crime or delito compuesto

FACTS: Mr. J. Dellinger with intent to kill Mr. R. Pitts bought a rifle from Mr. C. Goddard. Knowing Mr. Dellinger's plan, Mr. Goddard sold the gun. Since Mr. Pitts is in an Island for vacation and the only way to reach the island is to ride a boat, Mr. Dellinger rented the boat of Mr. F. Galton, the owner of the only boat that can be rented to reach the island. Also knowing Mr. Dellinger's plan, Mr. F. Galton allowed the boat to be rented for a much higher price. Mr. Dellinger successfully reached the island and killed Mr. R. Pitts. Before leaving the island Mr. Pitts requested the service of Mr. W. Herschel and Mr. H. Faulds to bury Mr's Pitts Body in exchange for thousand of pesos. What is the participation of Mr. F. Galton? A. Principal by direct participation B. Principal by induction C. Principal by indispensable cooperation D. Accomplice

C. Principal by indispensable cooperation

FACTS: Mr. J. Dellinger with intent to kill Mr. R. Pitts bought a rifle from Mr. C. Goddard. Knowing Mr. Dellinger's plan, Mr. Goddard sold the gun. Since Mr. Pitts is in an Island for vacation and the only way to reach the island is to ride a boat, Mr. Dellinger rented the boat of Mr. F. Galton, the owner of the only boat that can be rented to reach the island. Also knowing Mr. Dellinger's plan, Mr. F. Galton allowed the boat to be rented for a much higher price. Mr. Dellinger successfully reached the island and killed Mr. R. Pitts. Before leaving the island Mr. Pitts requested the service of Mr. W. Herschel and Mr. H. Faulds to bury Mr's Pitts Body in exchange for thousand of pesos. What about Mr. C. Goddard? A. Principal B. Accessory C. Accomplice D. Principal by indispensable cooperation

C. Accomplice

What about Mr. W. Herschel and Mr. H. Faulds? A. Principal B. Accessory C.Accomplice Principal by indispensable cooperation

B. Accessory

The following are Justifying Circumstances, EXCEPT? A. Obedience to a lawful order B. Lawful Exercise of Rights or office or performance of duty C. A person who acts under compulsion of an irresistible force D. of greater evil or Injury

C. A person who acts under compulsion of an irresistible force

Light offenses prescribe in: a. 12 months b. 6 months c. 4 months d. 2 months

b. 6 months

X raped the wife in the presence of the husband, forcing her, using the dog-style position in the sexual act. Rape is committed aggravated by what circumstances? a Ignominy c. cruelty b. passion d. obstruction

a Ignominy

Which of the following has the power to define and punish crime? A. The legislative B. The Chief Executive C. The Supreme Court D. Sandiganbayan

A. The legislative

Which of the following is not a limitation on the power of the legislative to enact penal laws? A. Prohibition against Bill of Attainders or Ex-post facto law. B. Equal Protection of the law C. Prohibition against degrading, or Inhuman punishment or imposition of excessive fines. D. Abridgment of the obligation of contract.

D. Abridgment of the obligation of contract.

Which of the following not a characteristic of penal law? -A. Generality B. Territoriality C. Prospectivity D. when favorable to accused E. Remedial

E. Remedial

Which rule on jurisdiction over crimes committed on foreign vessels while on Philippine waters is not followed in the Philippines? A. The French Rule - The crimes are not triable in the Philippines unless the crimes affect the peace and security, or safety of the Philippines is endangered. B. The Anglo-American Rule or the English Rule - the crimes are triable in the Philippines unless the crimes affect merely the internal management of the vessel. C. if the vessel is a warship, Philippines Courts have no jurisdiction because a warship is an extension of the country to which it belongs and it is not subject to the laws of another state. D. The Philippines Courts have jurisdiction to try continuing crimes committed in a vessel sailing from a foreign port into Philippines waters, even if the crimes are not punishable in the foreign country were the vessel comes from the crimes are punishable under Philippine laws.

D. The Philippines Courts have jurisdiction to try continuing crimes committed in a vessel sailing from a foreign port into Philippines waters, even if the crimes are not punishable in the foreign country were the vessel comes from the crimes are punishable under Philippine laws.

An escaped prisoner, then armed with a caliber 45, was asked by a policeman to surrender, refused do so and instead answered the latter with a shot from above, the policeman in pursuing the prisoner his revolver and caused the death of the prisoner, Is the act of the policeman on resorting to extreme means justified? Yes, since an arresting officer is required to act within the performance of his duty, he must stand his ground and cannot, like a private individual, take refuge in fight, his duty requires to overcome his opponent: B. No, it was provided under the Rule of Court that no violence or unnecessary force shall be used in making an arrest. Such provision accepts no exception: C. It depends, the reasonableness of the force employed by the arresting officer must be adjudged in the light of the circumstances as they appeared to the officer at the time he acted, and the means is generally considered to that which an prudent and intelligent person with the knowledge would have deemed necessary under the circumstances.

C. It depends, the reasonableness of the force employed by the arresting officer must be adjudged in the light of the circumstances as they appeared to the officer at the time he acted, and the means is generally considered to that which an prudent and intelligent person with the knowledge would have deemed necessary under the circumstances

Which of the following is an absolutory cause? A. Aberratio Ictus B. Praeter intentionem. C. Mistake of fact D. Proximate cause E. Error in persona F. Impossible crime

C. Mistake of fact

Which of the following is a crime malum in se? A. Offenses punished by the Revised Election Code, a special law, for the omission or failure to include a voter's name in the in the list of voters. B. Illegal possession of firearms C. Violation of BP 22 for issuing a bouncing check D. Offenses defined and punished by the Revised Penal Code. E. Carnapping Law

D. Offenses defined and punished by the Revised Penal Code

The Revised Penal Code belongs to the classical theory the main purpose is retribution under a system where gravity of penalty is proportionate to the gravity of the crime committed. However, there are some articles in the RPC that are positivistic in orientation intended to curb the dreadful and dangerous tendencies of the individual. Which of the following articles in the RPC does not pertain to the Positivist School? A. Article 4, RPC-impossible crimes B. Article 13, paragraph 7, RPC-on the mitigating circumstances of voluntary surrender and plea of guilty. C. Article 11, paragraph 1, RPC-on self-defense D. Three fold rule E. Extenuating and absolutory causes

A. Article 4, RPC-impossible crimes

Which of the following is not a punishable conspiracy? A to commit treason B. Conspiracy commit rebellion C. Conspiracy to commit coup d' etat D. Conspiracy to commit murder E. Conspiracy to commit sedition

D. Conspiracy to commit murder

Which of the following is not a justifying circumstances? A Self-defense B. Defense of property C. Defense of property Defense of honor D. Defense of relatives E. Accident

E. Accident

Which of the following is not an exempting circumstances? A. Imbecility B. Insanity C. Insuperable cause D. Minor exactly 9 years old at the time of the commission of the offense E. Entrapment F. Irresistible force

E. Entrapment

Which of the following is not ordinary mitigating circumstances? A. Incomplete self-defense, incomplete defense of relatives and strangers B. Illness that diminishes the exercise of will power C. Lack of intent to commit so grave a wrong D. Sufficient provocation E. (proximate) vindication of a grave offense

A. Incomplete self-defense, incomplete defense of relatives and strangers

Which of the following is not a privileged mitigating circumstances? A. Incomplete self-defense, incomplete defense of relatives and strangers B. The Offender is 18 years old C. Schizoprenia D. Article 255, RPC-concealment of honor of the mother in infanticide E. Article 268, RPC-voluntary release of a person detained within 3 days without the accused attaining his purpose and before of criminal action.

A. Incomplete self-defense, incomplete defense of relatives and strangers

Insult may not be appreciated as a requisite for: A. Unlawful aggression in self defense and defense of relatives and strangers B. Passion and obfuscation as a mitigating circumstance C. Vindication of a Grave offense as a mitigating circumstance D. Sufficient provocation as a mitigating circumstance

A. Unlawful aggression in self defense and defense of relatives and strangers

of the following aggravating circumstances does not qualify the killing of homicide to murder? A. Evident premeditation B. Price, Reward or Promise C Treachery D. Use of Poison D. Dwelling, Nightime and sex of offended

D. Dwelling, Nightime and sex of offended

Which of the following is not an alternative circumstance? A. Relationship B. Age C. Intoxication D. Degree of instruction and education of the offender E. All of the above

B. Age

which among the following is not included in civil interdiction criminally liable for felonies? Ar Parental authority 5. Guardianship of the person or the property of the ward C Marital Authority D. Management of his property E. Right to dispose of his property by any act or conveyance mortis causa

E. Right to dispose of his property by any act or conveyance mortis causa

A minor 9 or under is_______ A. Absolutely exempt from criminal liability B. Relatively exempt from criminal liability C. Enjoys privileged mitigating circumstance D. Extenuating circumstance E. Absolutory cause

A. Absolutely exempt from criminal liability

Which of the following is not an accessory penalty? A. Suspension from public offices, profession or right of B. Civil interdiction C. Indemnification D. Payment of costs

C. Indemnification

What is meant by the term "mens rea"? A. no intent to commit so grave a wrong B. Good faith in the commission of the crime C. good faith in the commission of the crime no malice in committing the crime D. unlawful intent

D. unlawful intent

Proximate cause means: A . the motive in committing the crime B. the unlawful intent in committing in committing the crime C. the efficient cause uninterrupted by any supervening event without which the result would not have occurred D. the reason of the offender in committing the crime E. Direct cause

C. the efficient cause uninterrupted by any supervening event without which the result would not have occurred

Reckless Imprudence is a crime only when: A the offender is under the influence of drugs B. the offender is under the influence of liquor C. the imprudence results in the commission of a consummated felony or crime D. the felony is attempted E. the felony is frustrated

C. the imprudence results in the commission of a consummated felony or crime

A child in conflict with the law is one who: A. Committed an intentional felony B. Was raised in a family of drug traffickers C. Is under 15 yrs of age D. Is over 15 and under 18 who committed a felony with discernment E. A child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

E. A child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

In light felonies the following are criminally liable A. Principal only B. Accomplices only C. Accessories only D. Principal and Accomplices only.

D. Principal and Accomplices only.

In mala prohibita, the criminal liability of the offender is determined by his A. criminal Intent B. intent to perpetrate the act C. negligence, lack of foresight, lack of skill D. ignorance of the law E. mistake of fact

B. intent to perpetrate the act

To overcome intelligence as an element of criminal liability one has to prove? A. Deprivation of cognition B. Under the compulsion of an irresistible force C.Mistake of fact D. Mistake of identity

A. Deprivation of cognition

An ordinary mitigating circumstance reduces the penalty only to the A. Minimum Period B. Degree C. Indeterminate Sentence Law D. Probation Law

A. Minimum Period

When the aggravating circumstance of recidivism is present in the commission of a crime, the offender is called as? A. Quasi-recidivist B. Recidivist C. Habitual criminal D. Habitual delinquent

B. Recidivist

component of criminal law is express and implied repeal ? A. Territoriality B. Generality C. Irretrospectivity D. Bill of attainder

C. Irretrospectivity

Preventive imprisonment is ____ A. Not a penalty B. A principal penalty C. Subsidiary penalty D. Remedial measure E. Accessory penalty

A. Not a penalty

The pecuniary liabilities of the offender under the Revised Penal Code should be prosecuted A. In the criminal action B. In a separate civil action C. In either of the two actions above D. In both of the above actions

C. In either of the two actions above

The threefold rule under article 70 is addressed to the A. Judge deciding the case B. Prison head holding the prisoner C. Probation officer D. Boand of perdon and parole

B. Prison head holding the prisoner

The phrase "Stand ground when in the right" means: A. A person need not retreat against an unlawful aggressor but he is not expected to fight back B. A person need not retreat against an unlawful aggressor but must defend himself by fighting back C. A person attacked must retreat but must fight back when caught by his aggressor D. None of the Above

B. A person need not retreat against an unlawful aggressor but must defend himself by fighting back

Impossible crime is punished only when the crime is A. Consummated B. Frustrated C. Attempted D. Voluntary

A. Consummated

Vicarious civil liability means ____ A. The liability of the offender in a criminal case B. Civil liability of the employer in a criminal case if the offender is found insolvent C. Civil liability of the offender and the employer in a criminal case

B. Civil liability of the employer in a criminal case if the offender is found insolvent

Daniel was sentenced in the regional trial court. He appealed the case to the court of appeals. During the pendency of his appeal, Daniel died. What will happen to his civil and criminal liability? A. The civil and criminal liability is not extinguished? B. The civil and criminal liability is extinguished? C. The civil and criminal liability will be suspended. D. The civil and criminal liability is set a side.

B. The civil and criminal liability is extinguished?

It is an act of grace proceeding from the power entrusted with the execution of the laws which the individual On whom it is bestowed from the punishment the law inflicts for the crime he has committed. A. Parole B. Pardon C. Prescription of penalty D. Prescription of crime

D. Prescription of penalty

It is the forfeiture or loss of the right of the state to prosecute the offender efter the lapse of a certain time. A. prescription of crime B. Prescription of penalty C. Parole D. Probation

A. prescription of crime

It is the loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain Time. A. Amnesty B. Pardon C. Prescription of penalty D. Prescription of criminal

C. Prescription of penalty

Crimes punishable by reclusion perpetua or reclusion temporal shall prescribed in B. Pardon A. 10yrs B. 12yrs C. 20yrs. D. 15yrs.

C. 20yrs.

Crimes punishable by other affective penalties shall prescribe in A 15 years B. 10 years C. 5 years D. 20 yeay

A 15 years

Crimes punishable b correctional penalty shall prescribed in A. 5 years B. 10 years C. 15 years D. 6 years

B. 10 years

The crime on other similar offenses shall prescribed in A. Two years B. Five years C. One year D. Ten years

C. One year

The Offense of oral deformation and slander by deed shall prescribed in A. Six month B. One month C. One years D. Five years

A. Six month

In computing the period of the first day is to be excluded and the last day included. A. Judgment B. Prescription C. One year D. Five years

B. Prescription

The prescriptive period of offenses punishable under special laws and municipal and ordinances, such as offenses punished only by a fine or by imprisonment for not more than one month, or both prescribed after___ A. Four years B. One years C. Five year D. Eight years

B. One years

The term of prescription shall not run when the offender is A. Absent from the Phil. Archipelago. C. Confined B. Under rehabilitation D. Arrested

A. Absent from the Phil. Archipelago.

The period of prescription of penalties shall commence to run from the date when the offender should service of this sentence. the A. Start serving B. Evade C. Commence D. Interrupt

B. Evade

It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty Inflicted upon the convict, or by decreasing the length of the imprisonment of the amount of the fine A. Reprieve BCommutation of sentence C. Suspension of sentence D. Enforcement of sentence

C. Suspension of sentence

It is considered a contract between the sovereign power of the executive and the convict that the sovereign power convict upon with the condition, A. Amnesty B. Probation C. Conditional D. Reprieve

C. Conditional

.It is an exception to the General Characteristic of Criminal Laws. A. Consul B. Commercial representative C.Chief of State D. Senators and Congressmen

C.Chief of State

A legislative act which inflicts punishment without judicial trial. A. Bill of Lading B. Bill of attainder C. Special Law D. Law

B. Bill of attainder

It is a branch or division of law which defines crimes, treats of their nature, and provides for their punishment. A. Remedial Law B. Civil Law C. Political law D. Criminal law

D. Criminal law

It is not one of the sources of our Criminal Law. A. Revised Penal Code B. Special Laws C. Court D. Executive development

C. Court

A body of principles, usages and rule of action, which do not rest for their authority upon any express and positive declaration of the will of the legislature. A. Legislative Law B. Common Law C. Remedial Law D. Political Law

B. Common Law

It means that as a rule, penal laws are enforceable only within the territory of the Philippines, A. Territoriality principle B. Generality Principle C. Retroactivity Principle D. Prospectively Principle

A. Territoriality principle

According to the classical theory, it states that the purpose of the penalty is A. Revenge B. Retribution C. Remuneration D. Pardon

B. Retribution

In self defense, the burden of proof rest upon the A. Relative B. Accused C. Victim D. State

B. Accused

In defense of relatives, one of the relatives that can be defended are those relatives by consanguinity within the fourth civil degree such as A. Brothers and sisters B. Uncle and niece C. First cousin D. Second cousin

C. First cousin

Relationship by blood refers to relatives by A. Affinity B. Consanguinity C. Legislation D. Naturalization

B. Consanguinity

A person consider as______is exempt in all case from criminal liability A. Insane B. Imbecile C. Feeble-minded D. Epileptic

B. Imbecile

As a rule______is mitigating in the crimes against property A. Intoxication B. Education C. Relationship D. Sex

C. Relationship

It is a circumstances present in a crime where it may increase or decrease the criminal liability. A. Exempting circumstances B. Justifying circumstance C. Alternative circumstances D. Mitigating circumstances

C. Alternative circumstances

It is a kind of aggravating circumstance that changes the nature of the crime. Example treachery qualifies the killing of a person to murder. A. Qualifying aggravating B. Generic aggravating C. Specific aggravating D. Inherent aggravating

A. Qualifying aggravating

They are criminally llable due to their direct participation in the commission of the crime. A. accessories B. Accomplices C. Principals D. Co-accomplices

C. Principals

Immediately after the raped committed by Deniel Katleen, she pulled the dagger of Deniel and stab Deniel to death. Such act of Katleen constitute as a: a. justifying circumstance; b. exempting circumstance; c. mitigating circumstance; d. qualifying circumstance

b. Mitigating circumstance

8 year old Max Jr. was watching his favorite tv show "Lone Ranger". But Petra changed the tv channel to enable her to watch Wiling Willie show which enraged Max Jr. So, he pulled a knife and stabbed the back of Petra causing her Instantaneous death. What circumstance beneficial to Max Jr. ? A. exempting circumstance; B. justifying circumstance; c. exculpatory circumstance; d. mitigating circumstance.

A. exempting circumstance;

Policeman A saw X and Y were exchanging blows. When X pulled out his fun and about to shot Y, A immediately draw his gun and shot X resulting to his instantaneous death. Upon investigation, it turns out that it is X who is the aggressor. What possible defense A may availed of: defense of a relative; b. self-defense; c. defense of a stranger; d. fulfillment of a duty.

c. defense of a stranger

Security Guard Mariano was assigned to secure the properties of the bank when a man appearing with a gun tutked-in in his belt is scaling the bank's wall. Mariano shouted and fired a warning shot, but the man continue with his act and Mariano has no other choice, except to shot and hit the head of the man appearing to him as a robber. The man died and the alleged gun tucked-in in his belt is a toy gun. As counsel of the Mariano, what possible defense would you invoke? a. defense of property; b. mistake of facts; c. fulfillment of a duty; d. self-defense.

c. fulfillment of a duty

What are those circumstances that affect criminal liability because of the conditions, which the act voluntary, or that negligence is wanting as an agent of the crime. A. Exempting circumstance C. Mitigating circumstance B. Justifying circumstance D. Aggravating circumstance

C. Mitigating circumstance

The husband has for a long time physically and mentally tortured his wife. After one episode of beating, the wife took the husband's and shot him dead. Under the circumstances, her act constitutes A: mitigating vindication of grave offense. B. battered woman syndrome, a complete self-defense. C. incomplete self-defense. D. mitigating passion and obfuscation.

B. battered woman syndrome, a complete self-defense.

A battered woman claiming self-defense under the Anti-Violence against Women and Children must prove that the final acute battering episode was preceded by A. 3 battering episodes. B. 4 battering episodes. C. 5 battering episodes. D.2 battering episodes.

D.2 battering episodes