Exam (elaborations) TEST BANK FOR CRIMINAL LAW, PROCEDURE AND EVIDENCE Walter P. Sagnorelli (CRIMINAL JURISPRUDENCE AND PROCEDURE)

Exam (elaborations) TEST BANK FOR CRIMINAL LAW, PROCEDURE AND EVIDENCE Walter P. Sagnorelli (CRIMINAL JURISPRUDENCE AND PROCEDURE) CRIMINAL JURISPRUDENCE AND PROCEDURE Scope: Elements of the legal provisions and the extent of its application regarding offenses and penalties, knowledge of court jurisdiction, venue in criminal cases and the admissibility of evidences which are of probative value to the courts. (20 %) 1 I. CRIMINAL LAW (RPC BOOK I) 1. Which among the following is not a source of Philippine criminal law? a. Act No. 3815 and its amendments b. Special penal laws passed by the Phil. Commission, Phil. Legislature, National Assembly, Batasang Pambansa, Phil. Assembly and the Congress of the Philippines. c. Penal Presidential Decrees issued during Martial Law. d. None of the above 2. They are bodies of usages, principles and rules of action which do not rest for their authority upon any declarative will of the legislature. It is recognized in the United States and England but not recognized under Philippine jurisdiction. a. Penal laws c. Common Laws b. Special penal laws d. None of the foregoing 3. This deprives the accused of a crime some lawful protection to which he has become entitled. a. Common law c. Ex-post facto law b. Special law d. Bill of attainder 4. The constitution expressly prohibits the passage of a bill of attainder primarily because: a. It is a substitute, a legislative act for a judicial determination of guilt b. It is unconstitutional c. It is a violation of human rights d. It encroaches upon the power of the. Judiciary by the Congress 5. They are not considered as a source of criminal law due to the fact that they merely explain the meaning of and apply the law as enacted by the legislature. a. Revised Penal Code c. Court decisions b. Special Penal laws d. Executive orders 6. It cannot be recovered as a matter of right; and is discretionary upon the court to be part of the civil liability when a crime was committed with one or more aggravating circumstances. a. Actual damages c. Moral damages b. Nominal damages d. Exemplary damages 7. Civil indemnity for death caused by crime. a. 30,000 c. 100,000 b. 50,000 d. 500,000 8. When rape is committed and the victim was killed, the mandatory civil indemnification shall be. a. 30,000 c. 100,000 b. 50,000 d. 500,000 9. In case of physical injuries it would consist in the payment of hospital bills and doctor’s fee of the offended party. a. Restitution c. Indemnification b. Reparation d. Civil liability 10. Which among the following may totally extinguish criminal liability? a. Absolute pardon c. Amnesty b. Service of sentence d. All of these 2 11. It consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been made. a. Plurality of crimes c. Complex crimes b. Formal crimes d. None of the above 12. Jemma who induced Eric a friend to kill her husband’s mistress is criminally liable as: a. Principal c. Accomplice b. Accessory d. None of the above 13. In crimes against chastity this would be always aggravating. a. Degree of education c. Alcoholism b. Mental condition d. Relationship 14. Its basis is the greater perversity of the offender as manifested by personal circumstance of the offender and also by the means used to secure the commission of the crime. a. That advantage be taken by the offender of his public position. b. That crime be committed in contempt of or with insult to the public authorities. c. That act be committed with abuse of confidence or obvious ungratefulness d. All of the above 15. It means adequate to excite a person to commit a wrong and must accordingly be proportionate to its gravity. a. Self defense c. Unlawful aggression b. Sufficient provocation d. Necessity to prevent a wrong 16. 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. Law of preferential application b. English rule d. Spanish rule 17. 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 18. It indicates a deficiency of action. a. Negligence c. Lack of skill b. Imprudence d. Lack of foresight 19. It refers to deficiency of perception. a. Negligence c. Lack of skill b. Imprudence d. Lack of foresight 20. 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 21. 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 3 b. Intervening cause d. Active force 22. 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 23. Generally they are punishable only when they have been consummated, 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 24. Self defense 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 25. 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 26. 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 27. 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 28. 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 29. Which among the following may be considered as an alternative circumstance? a. Relationship b. Intoxication c. Degree of instruction and education of the offender d. All of the foregoing 30. 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 4 31. 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 32. It refers to those penalties expressly imposed by the court in the judgment of conviction. a. Principal penalties c. Subsidiary penalties b. Accessory penalties d. Fine 33. 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 34. 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 35. It includes rivers, creeks, bays, gulfs, lakes, straits, coves lying wholly within the three mile limit of any nation. a. Maritime zone c. Low water mark b. Interior waters d. High seas 36. It makes criminal an act done before the passage of the law which was innocent when done, and punishes it. a. Ex post facto law c. Law on preferential application b. Bill of attainder d. Self repealing laws 37. Refers to one of three equal portions, called minimum, medium and maximum of a divisible penalty. a. Degree c. Prescription b. Period d. Duration 38. 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 39. Those punishable by arresto mayor penalties shall prescribe in how many years? a. 20 years c. 10 years b. 5 years d. 15 years 40. 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 41. It is that 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 5 42. Refers to a sentence of imprisonment for the maximum period defined by 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 43. Refers to the purpose to use a particular means to effect such result. a. Intent c. Deceit b. Motive d. Fault 44. 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 45. Any bodily movement that tends to produce some effect in the external world. a. Act c. Dolo b. Omission d. Culpa 46. Libel and other similar offenses shall prescribe in how many years? a. 15 years c. 5 years b. 10 years d. 1 year 47. An entire penalty enumerated in the graduated scale of penalties. a. Degree c. Prescription b. Period d. Duration 48. Refers generally to acts made criminal by special laws. a. Felony c. Mala inse b. Mala ince d. Mala prohibita 49. Under RA 7659, the death penalty may be suspended when the accused is among the foregoing: except: a. A woman while pregnant b. Persons over 70 years old c. Woman within one year after delivery d. Persons over 18 but under 21 years of age 50. Which among the foregoing is not a requisite for Dolo? a. Intelligence c. Intent b. Freedom d. Deceit 51. Refers to the loss of the right of the state to prosecute the offender 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 52. Things which are wrongful in their nature. a. Evil c. Mala inse b. Mala ince d. Mala prohibita 53. Felonies punishable by death, reclusion perpetua and reclusion temporal shall prescribe in: a. 20 years c. 10 years b. 15 years d. 5 years 54. Acts and omissions punishable by law. 6 a. Dolo c. Felonies b. Culpa d. Crime 55. Ariel intending to kill Jiggs to avenged lost honor stabbed the latter three times in the chest, however due to prompt medical attention Jiggs was able to survive the attack, Ariel is liable for: a. Physical Injuries c. Frustrated Homicide b. Attempted Homicide d. Frustrated Murder 56. When all the elements necessary for the execution and accomplishment of a felony are present it is said to be: a. Consummated c. Frustrated b. Attempted d. Negligence 57. It is a physical activity or deed, indicating the intention to commit a particular crime. a. Act c. Fault b. Omission d. Overt act 58. Abberatio ictus refers to: a. Mistake of the facts c. Mistake in the blow b. Mistake in the identity d. Ignorance of the law 59. What must be considered in determining whether the crime committed is only attempted, frustrated or consummated? a. Nature of the offense c. Manner of commission b. Elements constituting the felony d. All of these 60. Refers to crimes consummated in one instant or by a single act. a. Formal crimes c. Rational crimes b. Informal crimes d. Irrational crimes 61. Refers to the obligation or suffering the consequences of crime. a. Imputability c. Liability b. Culpability d. Responsibility 62. 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 63. Refers to felonies which the law imposes penalties which are correctional in nature. a. Grave c. Light b. Less grave d. Serious 64. When the law attaches capital punishment or afflictive penalties the felony is said to be? a. Grave c. Light b. Less grave d. Slight 65. 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 66. Light felonies are made punishable only when they are: a. Consummated c. Frustrated 7 b. Attempted d. Intended 67. Exemption to the general rule in cases of light felonies. a. When committed against persons b. When committed against chastity c. When committed against honor d. When committed against liberty 68. It exists when two or more persons come to an agreement to commit a felony. a. Plan c. Piracy b. Conspiracy d. Proposal 69. 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 70. 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 71. Equivalent to assault or at least threatened assault of an immediate nature. a. Intent c. Dolo b. Culpa d. Unlawful aggression 72. 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 73. What crime exists when a single act constitutes two or more grave or less grave felonies? a. Complex c. Composite b. Continuing d. Compound 74. 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 75. Refers to desired acts of a person to commit a crime. a. Motive c. Fault b. Intent d. Deceit 76. 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 77. An aggravating circumstance which generally apply to all crimes such as dwelling, nighttime or recidivism. 8 a. Generic c. Qualifying b. Specific d. Inherent 78. Refers to occurrences which happen beyond the sway of man’s will. a. Nature c. Events b. Accidents d. Phenomenon 79. 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 80. Refers to circumstances which if attendant in the commission 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 81. 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 82. Refers to aggravating circumstance which applies only to particular crimes. a. Generic c. Qualifying b. Specific d. Inherent 83. An aggravating circumstance which come in the commission of the crime. a. Generic c. Qualifying b. Specific d. Inherent 84. Refers to a building or structure exclusively used for rest or comfort. a. House c. Dwelling b. Home d. All of the above 85. 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. Group c. Band b. Brigands d. Team 86. 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 87. 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 offense particularly those of physical injuries, estafa, theft and robbery is considered as a: a. Recidivist c. Habitual delinquent b. Delinquent d. Quasi-recidivist 88. Any person who shall commit a felony while serving his sentence with a previous conviction is classified as a : 9 a. Recidivist c. Habitual delinquent b. Delinquent d. Quasi-recidivist 89. Which among 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 90. It involves trickery and cunning on the part of the offender. a. Craft c. Fault b. Deceit d. Intent 91. 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 92. Persons who aide the felons to hide away evidences or profit from the fruits of the crime are said to be: a. Principals c. Accomplices b. Accessories d. Conspirators 93. 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 94. Capital punishment or maximum penalty imposed by law. a. Reclusion Perpetua c. Arresto mayor b. Reclusion temporal d. Death by lethal injection 95. Refers to alevosia, or means and methods employed to insure its execution. a. Craft c. Intent b. Deceit d. Treachery 96. It pertains to moral order, adding disgrace to the material injury caused by the crime. a. Craft c. Ignominy b. Treachery d. Evident premeditation 97. The following circumstances are always mitigated in terms of alternative circumstances, except: a. Low degree of education 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 98. Poly stabbing Army is considered as a: a. Principal c. Accomplice b. Accessory d. Instigator 99. Emil persuades Jude to steal from his boss is a principal by: a. Direct participation c. Indispensable cooperation b. Induction d. Instigation 10 100. Which in the following enumeration is an example of an afflictive penalty? a. Fine c. Distierro b. Arresto mayor d. Prision mayor 101. 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 102. It shall serve to deprive the offender rights of parental authority or guardianship. a. Subsidiary penalty c. Suspension b. Penalty d. Civil interdiction 103. 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 104. 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 105. The moving power which impels one to action for a definite result. a. Intent c. Deceit b. Motive d. Fault 106. 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 107. In cases wherein 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 108. When did Act no. 3815 take effect? a. January 1,1931 c. January 1, 1933 b. January 1,1932 d. January 1, 1934 109. Ignorantia Facti Excusat means: a. Ignorance of the law c. Mistake of the blow b. Mistake of facts d. Mistake in identity 110. Under this rule, crimes are 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 111. Failure to perform a positive duty which one is bound to do. a. Act c. Dolo b. Omission d. Culpa 112. Light offenses prescribe in: 11 a. 12 months c. 4 months b. 6 months d. 2 months 113. 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’ affaires 114. It is a characteristic of criminal law stating that the law is binding on all persons who live and sojourn in Philippine territory. a. General c. Retrospective b. Territorial d. Universal 115. 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 116. Based on the diminution of intent, intelligence or freedom of action or the lesser perversity of the offender. a. Mitigating circumstances c. Exempting circumstances b. Aggravating circumstances d. Alternative circumstances 117. In malicious mischief, this may be considered as a complete defense, due to it being covered as an absolutory cause a. It be committed against a relative b. It be committed while being influenced by liquor c. Degree of education of the offender d. All of the above 118. Presumption is always in favor of sanity, hence to use this as a defense in criminal cases, who has the burden of proof? a. Defense c. Courts b. Prosecution d. Psychologists and psychiatrist 119. When is an insane person not exempted from criminal liability? a. When he acted with lucid interval while committing the crime b. When he acted due to impulse c. When he acted due to inducement d. None of the above 120. Which among the following elements is necessary to plead self defense? a. Lack of sufficient provocation on the part of the person defending himself. b. Reasonable necessity of the means employed to prevent or repel it. c. Unlawful aggression d. All of the above 121. Which among the following circumstance where the right of the accused may not be waived? a. Right to cross examination b. Right to confrontation c. Right to be informed of the nature and cause of the charge against him. d. All of the foregoing 122. Felonies contained in Book II of the Revised Penal Code covering Art. 114 to 365 are classified under how many different titles? a. 12 c. 14 12 b. 13 d. 15 123. It is the controlling factor to obtain jurisdiction over the vessel or aircraft. a. Nationality of the owner c. Location of the vessel b. Registration of the vessel d. All of the above 124. A Philippine vessel or aircraft must be understood as that and is to be registered in what particular government agency. a. Philippine Bureau of Customs b. Department of Transportation and Communication c. Philippine Ports Authority d. Any of the above mentioned agencies 125. It retains original and exclusive jurisdiction over all offenses committed on high seas of any registered Philippine vessel. a. International courts c. Court of Appeals b. Regional Trial Courts d. Supreme Court 126. Which among the subsequent statement is untrue? a. In exempting circumstance, there is a crime but there is no criminal. b. In justifying circumstance, there is no civil liability except in causing damage to another in avoidance of greater evil or injury. c. A person who acts by virtue of a justifying circumstance does not transgress the law because there is nothing unlawful in the acts as well as in the intention of the perpetrator. d. None of the above 127. Which among the foregoing is a justifying circumstance? a. Obedience to an order issued for some lawful purpose. b. Insanity c. Imbecility d. Accident 128. The age of conditional responsibility; a. 9 years and below b. between 9 and 15 years c. 18 or over to 70 d. Over 9 under 15 acting with discernment, or over 70 years old 129. Criminal law is binding to all persons who and stay in Philippine territory, this characteristic is; a. Territoriality c. Prospectivity b. Generality d. Equality 130. Who among the following may not benefit from a retroactive effect of criminal law where the new law establishes condition more lenient or favorable to the accused? a. A person convicted of committing rebellion b. Habitual criminal c. First time offender d. A person convicted of a felony punished by death 131. Which among the following are considered mitigating circumstances? a. Jose a 71 year old man shot and killed his brother in law. b. An incomplete self defense by Jimmy killing his aggressor. c. Wally had no intention to commit so grave a wrong as that committed. d. All of the above 13 132. Which among the following is not a common requisite in justifying circumstance of self-defense, defense of a relative and defense of a stranger? a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it. c. The person defending be not induced by revenge, resentment or other evil motive. d. None of the above 133. Which among the following circumstance is not exempted from criminal liability? a. Imbecility c. Feeble-minded person b. Insanity d. The offense was accidentally committed 134. The following are not efficient intervening causes, except; a. The assault took place in a remote location where proper medical service is not available. b. Refusal by the injured or the victim of medical attention. c. The weak physical condition of the victim due to heart disease. d. Slight physical injury inflicted by the assailant but the victim died due to infection of the wound by tetanus as determined by medical findings. 135. Which among the following does not belong to this group? a. Negligence c. Lack of foresight b. Imprudence d. Intent 136. Crimes are punished under the law in effect or in force at the time of their commission. a. General c. Prospective b. Territorial d. Preferential 137. Which among the following rights may be legitimately defended by a person? a. Right to life c. Right to honor b. Right to property d. All of the foregoing 138. Which among the following constitutes unlawful aggression? a. Slap on the face c. Slap on the face b. Light push d. Foot-king greeting 139. Mental capacity to fully appreciate the consequences of an unlawful act. a. Understanding c. Discernment b. Lucid interval d. Perception 140. Which among the following is not considered as an absolutory cause? a. Entrapment b. Instigation c. Spontaneous desistance of the person who commenced the commission of the crime but could not perform all the acts of execution. d. Accessories who are exempt from criminal liability. 141. Refers to those grounds where the acts committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. a. Proximate cause c. Absolutory cause b. Intervening cause d. Exempting circumstances 142. The following are basis for exempting circumstances, except; 14 a. Complete absence of intelligence b. Complete absence of freedom of action c. Complete absence of intent d. Lesser perversity of the offender 143. Accessories are not liable for; a. Grave felonies c. Light felonies b. Less grave felonies d. Complex crimes 144. Which among the following is a compound crime? a. The victim who was a barangay captain was killed while discharging his duties to protect life and property and enforce the law in his jurisdiction. b. The act of raping a girl and causing her physical injuries which required medical attention for 20 days. c. The single act of Mark in firing a shot, the same bullet causing the death of two persons who were standing on the same line of the direction of the bullet. d. A man fired his revolver twice in succession directed against two different persons, killing one person and the injuring the other. 145. Which among the following is a complex crime? a. Theft of firearm and illegal possession of same firearm. b. Arson with homicide c. Rebellion with murder d. Multiple murder and destruction of property. 146. A was convicted of attempted homicide for having shot B without inflicting mortal wound, under the Revised Penal Code he is punished by; a. Reclusion perpetua c. Prision mayor b. Reclusion temporal d. Prision correccional 147. Crimes punished by afflictive penalties shall prescribe in; a. 5 years c. 15 years b. 10 years d. 20 years 148. In complex crimes, the penalty imposed by law is; a. The penalty for the most serious crime. b. The penalty of the less serious crime c. The penalty lower in degree of the most serious crime d. The penalty higher in degree of the less serious crime 149. In order to commit the crime of rape, Dencio drunk several bottles of San Miguel Beer Light, this circumstance is; a. Mitigating c. Aggravating b. Exempting d. Alternative 150. The following aggravate criminal responsibility, except: a. That the advantage be taken by the offender of his public position. b. That the act be committed with abuse of confidence or obvious ungratefulness. c. That the accused is a recidivist d. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 15 II. CRIMINAL LAW (RPC BOOK 2) 1. Jimmy attempting to overtake another vehicle hit another car damaging the same, he is liable for? a. Damage to property through negligence b. Malicious Mischief c. Gross negligence d. None of the above 2. Miriam left her .45 caliber at the table after cleaning it, her maid’s son was able to get hold of it and played with it, the accidental discharged killed the boy, Miriam may be held legally responsible for: a. Homicide through reckless imprudence c. Homicide b. Homicide through reckless negligence d. None of the foregoing 3. Dennis went out hunting with some friends, while hunting at night he shot dead his companion Mike in the belief that he was a boar. What is his criminal liability? a. Homicide through reckless imprudence c. Homicide b. Homicide through gross negligence d. Murder 4. Jong was not aware that his car brakes were defective, while cruising along Tomas Morato Avenue, a boy crossed the street, Jong was unable to stop his car in time, hitting the child and causing serious physical injuries. Jong is liable for: a. Physical injuries through imprudence c. Frustrated homicide b. Physical injuries through negligence d. None of the foregoing 5. PO2 San Jose while engaged in hot pursuit, fired his pistol in the air as a warning shot but instead killing a bystander is liable for: a. Homicide through reckless imprudence c. Homicide b. Homicide through reckless negligence d. None of the foregoing 6. SPO4 Jaen arrested Mr. Tucay due to attempted homicide committed while in his presence, he is to deliver the apprehended person to proper judicial authorities within a period not exceeding? a. 12 hours c. 36 hours b. 24 hours d. 48 hours 7. While conducting their nightly patrol, a PNP member arrested 6 persons involved in a brawl, Art. 125 would prescribe that they should deliver those detained within hour many hours to proper judicial authorities? a. 12 hours c. 36 hours b. 24 hours d. 48 hours 8. While armed with a valid search warrant legally obtained, P/Insp. Chicano conducted the search by themselves in the location specified but without the owner of the domicile or any other person. What crime was committed? a. Illegal search c. Searching domicile without witnesses b. Violation of domicile d. None of the foregoing 9. After losing in a hotly contested election, Mr. X ordered his men to use arms to assault and prevent the elected official from the discharge of his duties, Mr. X may be liable for: a. Rebellion c. Coup d’ etat b. Sedition d. Insurgency 16 10. Mr. A killed Mayor Y while the latter is in the discharge of his official duty, Mr. A may be charged with: a. Murder c. Direct assault b. Homicide d. Direct assault with murder 11. Jamboy a public school teacher, while eating in a local restaurant was at the same time encoding the grades of his students, Carling a former student who was given a failing grade by Jamboy saw him and punched him in the stomach. Carling may be held for: a. Physical injuries c. Direct assault b. Unjust vexation d. Indirect assault 12. A local sheriff while trying to enforce an eviction order was stabbed at the back Mr. H killing him in the process, the former is liable for: a. Homicide c. Direct assault b. Murder d. Direct assault with murder 13. Who among the following may is not considered as a person in authority? a. Teacher c. Nurse b. Municipal Mayor d. Policeman 14. Allan together with his friends scattered human excrements on the stairs and doors of their school may be held liable for: a. Malicious mischief c. Other mischief under Art. 329 b. Grave scandal d. Unjust vexation 15. Zoilo punched his friend Pol while arguing with the latter; as a result of the blow three incisors were lost. Zoilo may be held answerable for: a. Physical injuries c. Less serious physical injuries b. Slight physical injuries d. Serious physical injuries 16. An accused while raping a 21 year old lady stabbed her to death in order to silence the latter, he may be guilty for: a. Rape c. Rape and homicide b. Murder d. Rape with homicide 17. A and B after robbing a local 7-11 store killed the store clerk to dispose of any witness. They may be held liable for: a. Robbery c. Homicide b. Robbery and homicide d. Robbery with homicide 18. Benny lent his house to be used by his friends as a place of detention may be liable as an: a. Principal c. Accomplice b. Accessory d. None of the above 19. Teofila in the effort of trying to convince her co-employees to sell her t-shirts told them that if they would not sell the goods, they will be suspended from work, she may be liable for: a. Grave threat c. Grave coercion b. Light threat d. Light coercion 20. Renato was able to get hold of a ladies bag while walking in the crowded street in Quiapo, however before absconding the crime scene he was caught by an undercover cop, the crime of theft is: a. Attempted c. Consummated b. Frustrated d. None of the foregoing 17 21. Totie shot Jose his brother in the abdomen, penetrating the latter’s chest and liver, by reason of prompt medical attention the offended party survived, what particular crime has been committed by Totie? a. Attempted homicide c. Consummated serious physical injuries b. Frustrated homicide d. Frustrated parricide 22. Jules aimed his pistol at his wife Alexandra with the intention to shoot her, he then pressed the trigger but it jammed and no bullet was fired, he is liable for what offense? a. Attempted parricide c. Attempted murder b. Frustrated parricide d. Attempted homicide 23. A truck loaded with stolen boxes of Lacoste T-shirts was on way out of the guard station at the bodega surrounded by tall fence and high walls when the guard discovered the boxes on the truck. What crime was committed? a. Attempted robbery c. Attempted theft b. Frustrated robbery d. Frustrated theft 24. Ramil intended to kill Dennis by shooting the latter; however the wound inflicted did not affect vital organs and only hit the victim’s right arm due to Ramil’s warning before shooting him, what crime was committed? a. Attempted homicide c. Attempted murder b. Frustrated homicide d. Frustrated murder 25. Refers to the obligation of obedience and fidelity which a person owes the government under which they live, in return for protection they receive. a. Loyalty c. Sovereignty b. Allegiance d. Adherence 26. It means confinement or restraint upon persons. a. Arrest c. Abduction b. Detention d. Kidnapping 27. A policeman who arrests a person who was caught in act of punching another slightly injuring the offended party must deliver the detained person to proper judicial authority within how many hours? a. 12 hours c. 24 hours b. 18 hours d. 36 hours 28. SPO4 Antazo entered the dwelling of Ms. Recto against the latter’s will to search for unlicensed firearms is liable for; a. Violation of domicile c. Expulsion b. Trespass to dwelling d. Abuse of authority 29. In Bulacan, Rev. Villanueva with intention to perform a religious ceremony, was prevented by police officers by making actual threats from going to church, as a result the ceremony was not celebrated, the policemen are liable for: a. Interruption of religious worship c. Grave coercion b. Offending religious feelings d. Grave threats 30. Eddie remarked that the Pope was Satan and that those who believe in him are demons is liable for: a. Interruption of religious worship c. Slander b. Offending religious feelings d. Libel 18 31. Ping a senator punched Joe a congressman, the latter filed criminal charges against Ping for physical injuries; Ping was arrested by General Berroya while going to congress for a special session, what crime was committed by the arresting officer? a. Violation of domicile c. Unlawful arrest b. Violation on parliamentary immunity d. None 32. Refers to a person directly vested with jurisdiction. a. Person in authority c. Elected official b. Public official d. Agents of persons in authority 33. PO2 Candelaria asked for assistance while being mobbed for arresting a popular criminal, three persons assisted him but they were injured in the process, what crime was committed against the three persons? a. Direct assault c. Physical injuries b. Indirect assault d. None of the foregoing 34. A in resistance to a body search laid hands upon a police officer, no apparent legal basis for the search was given, what crime was committed by A? a. Resistance and disobedience to a person in authority or the agents of that person. b. Direct assault c. Indirect assault d. None of the foregoing 35. Refers to the act of passing counterfeited coins. a. Forgery c. Utter b. Import d. Counterfeiting 36. Nanette wrote Ricky’s name on the back of the treasury warrant payable to the latter, as if Ricky has endorsed the check to her, then presented it for payment, what crime was committed? a. Forgery c. Utter b. Import d. Counterfeiting 37. Mr. X a government prosecutor accepted a Rolex watch as a birthday gift from Mr. T a person accused of homicide; Mr. X is liable for: a. Direct bribery c. Corruption b. Indirect bribery d. None of the foregoing 38. P/Insp. Boy Habagat who refrains from arresting Anjo for committing murder in exchange for 88,000 pesos is guilty of; a. Direct bribery c. Qualified bribery b. Indirect bribery d. Corruption 39. Cathy offered a diamond ring to John a certified public accountant under the employ of the Bureau of Internal Revenue in exchange for a lower tax. She is liable for; a. Direct bribery c. Qualified bribery b. Indirect bribery d. Corruption of public officials 40. Pres. Marcoyo diverted funds allocated for the construction of a national highway to serve as cash incentives for public school teachers during the elections, may be guilty of? a. Malversation c. Corruption 19 b. Illegal use of public funds d. Illegal use of public property 41. SPO3 Ponce inflicted physical injuries on a detainee to obtain relevant information in the commission of the crime, he may be liable for; a. Physical injuries c. Misfeasance b. Maltreatment of prisoners d. Malfeasance 42. Refers to physical ugliness or permanent and definite abnormality. a. Injury c. Deformity b. Scar d. All of the foregoing 43. Andy punched Max on the eye which produced a contusion, what crime was committed? a. Slight physical injuries c. Serious physical injuries b. Less serious physical injuries d. Maltreatment 44. It is a building or structure devoted for comfort or rest. a. House c. Dwelling place b. Residence d. Abode 45. Mario hunted and shot down a wild boar while inside a private farm owned by Mr. Amoranto, the former may be liable for; a. Theft c. Trespass b. Robbery d. Qualified theft 46. Mr. J agreed to sell Mr. G first class rice and received from Mr. G the purchase price thereof, but Mr. J delivered poor quality rice, Mr. J committed; a. Theft c. Abuse of confidence b. Qualified theft d. Estafa 47. Pedro gave Eddie 3,500 pesos for payment of a Ralph Blue perfume, however Eddie did not gave Pedro the perfume and instead absconded, what crime was committed? a. Estafa c. Robbery b. Theft d. Malversation 48. X pawned his car to W, later pretending to have money for redeeming the car X asked for it and rode away without paying the loan, X is liable for: a. Estafa c. Robbery b. Theft d. Malversation 49. Refers to a home of the husband and his wife. a. Conjugal dwelling c. Dwelling place b. Residence d. Abode 50. H who was very fond of M, kissed and embraced the latter and touching the girl’s breast as a mere incident of the embraced is liable for; a. Attempted rape c. Unjust vexation b. Acts of lasciviousness d. Lewd conduct 20 51. It requires the concurrence of two things