QUIZZER IN CRIMINAL LAW

BY: DEAN ABELARDO ESTRADA COLLEGE OF LAW, UNIVERSITY OF BAGUIO 1. A theory in Criminal Law which says that a man is occasionally subdued by strange social phenomenon that compels him to do wrong . a. Utilitarian Theory b. Positivist Theory c. Classical Theory d. Eclectic Theory 2. Which of the following is not exempt from the application of penal law in Philippine territory? a. Consul b. Ambassador c. Charge d affaires d. Minister Plenipotentiary 3. When the subsidiary penalty imposed is only fine, the subsidiary imprisonment shall not exceed: a. 3 months b. 4 months c. 6 months d. 8 months 4. Which statement is correct? a. Subsidiary imprisonment is an accessory penalty and is imposed in the sentence of conviction. b. Subsidiary imprisonment is an accessory penalty hence, it is not necessary to impose it in the sentence of conviction. c. Subsidiary imprisonment is not an accessory penalty and is not deemed imposed unless expressly provided for in the sentence of conviction. d. Subsidiary imprisonment is not an accessory penalty so it is deemed imposed in the sentence of conviction. 5. A induced X to kill Y. X killed Y by means of treachery. Should treachery be appreciated also against A, the principal by inducement? a. Yes, if he has knowledge that X killed Y by means of treachery. b. Yes, because there was conspiracy. c. Yes, because he is a principal by inducement so he is liable for the acts of the principal by direct participation. d. Yes, because when there is conspiracy, the act of one is the act of all. 6. Habitual delinquency is limited only to the following six felonies: a. Robbery, Estafa, Malversation, Theft, Serious Physical Injuries, Less Serious Physical Injuries b. Serious Physical Injuries, Less Serious Physical Injuries, Theft, Robbery, Treason c. Falsification, Robbery, Estafa, Theft, Serious Physical Injuries, Less Serious Physical Injuries d. Treason, Falsification, Malversation, Theft, Robbery, Serious Physical Injuries 7. An aggravating circumstance which is not considered in the imposition of penalty a. Aggravating circumstance which constitutes the crime itself b. Aggravating circumstance which accompanies the commission of the crime c. Aggravating circumstance inherent in the commission of the crime d. All of the above 8. The penalty one degree lower from Reclusion Temporal maximum to Death is: a. Prision Mayor maximum to Reclusion Temporal in its minimum and medium periods b. Prision Mayor maximum to Reclusion Temporal in its medium period 1

c. Prision Mayor maximum to Reclusion Temporal in its minimum period d. Prision Mayor maximum to Reclusion Temporal in its maximum and medium periods 9. The crime of Libel prescribes in: a. 6 months b. 2 years c. 1 year d. 6 years 10.It consists in the suspension of the sentence of a convict after serving the minimum of the sentence imposed. a. Commutation b. Pardon c. Parole d. Reprieve 11.A disposition under which an accused after conviction is released subject to the conditions imposed by the court. a. Probation b. Recognizance c. Bail d. Parole 12.If the offender is sentenced to a term of imprisonment of more than one year, the period of probation shall not exceed: a. 2 years b. 6 years c. 1 years d. 3 years 13.X was sentenced to suffer imprisonment of 4 years, 2 months and one day as minimum to 6 years and to pay the offended party P5,000.00. X applies for probation which was granted by the court. a. X shall still pay the P5,000.00 because Probation affects only the criminal aspect of the case. b. X shall still pay the P5,000.00 because the primary consideration of Probation is the reformation of the offender. c. X shall still pay the P5,000.00 because it is a subsidiary penalty under Art. 39 of the Revised Penal Code. d. X shall still pay the P5,000.00 because it was not remitted by the Probation Officer. 14.According to the order of severity, the penalty next lower in degree from Arresto Mayor is: a. Destierro b. Prision Correctional c. Arresto Menor d. Prision Mayor 15.The three-fold rule applies only if a convict were to suffer at least: a. 4 penalties b. 3 penalties c. 5 penalties d. 6 penalties 16.Destierro consists of banishment of the convict to a distance of: a. Not less than 25 kilometers but not more than 250 kilometers radius. b. Not less than 50 kilometers but not more than 250 kilometers radius c. Not more than 25 kilometers but not less than 250 kilometers radius d. None of the above 17.A, B, C and D, all armed with M-16 rifles, went to the house of the intended victim, X. All four wanted to kill X who they believed was inside her house. All four riddled the house of X with armalite bullets. It also happened that X did not go home that night. A, B, C and D committed: a. Attempted Murder because they did not inflict a mortal would on the intended victim. b. Malicious Mischief because the house was destroyed due to the felonious act of the four c. Impossible crime because that is the only crime committed 2

d. Impossible crime with Malicious Mischief because the resulted from the felonious act of the four 18.If an act needs to be represented but it is not covered by the law, it is the duty of the court to: a. Render the proper decision and shall report to the Chief Executive through the Department of Justice that said act should be made the subject of penal legislation b. Render the proper decision and shall report to the House of Congress through the Department of Justice that said act should be made the subject of penal legislation c. Render the proper decision and shall report to the Department of Justice that said act should be made the subject of penal legislation d. Render the proper decision and shall report to the House of Congress through the Chief Executive that said act should be made the subject of penal legislation 19.A attacked B with a knife. B ran away and jumped into the river to avoid A. B drowned and died. a. A is not liable for the death of B because he did not inflict any injury upon B. b. A is liable only for Grave Threats because that constituted his felonious act. c. A is liable for the death of B because the proximate cause of the latters death was his chasing with a knife. d. A is not liable for the death of B because the drowning of B was an efficient intervening cause. 20.A, a student, boxed B, his teacher. a. The act brings about variant crimes so there is a need to know the motive of the attack to know what crime is committed by A. b. The act clearly shows that A should be charged with Direct Assault upon a Person in Authority because he assaulted a teacher. c. Motive is not an element of a crime hence, A should be charged with Direct Assault upon a Person in authority. d. A should be charged with Direct Assault upon a Person in Authority and Physical Injuries. 21.It is the law which provides that members of the official household or retinue of a foreign ambassador to the Philippines enjoy the diplomatic immunity of the foreign ambassador if their names are submitted to the Department of Foreign Affairs and provides reciprocal immunity to the members of the official household or retinue of the Philippine Ambassador. a. RA 54 b. RA 79 c. RA 74 d. RA 75 22.X killed Y by stabbing him behind. X called for Z, his brother in law, and told the latter that he killed Y. X asked Z to bury the cadaver of Y to prevent its discovery which Z did. a. Z is an accessory but is exempt from liability. b. Z is an accessory and is liable. c. Z is an accessory but is excused from liability pursuant to Art. 22 of the Revised Penal Code. d. Z is an accessory but incurs no criminal liability pursuant to Art. 4 of the Revised Penal Code. 23.X burned the clothing drenched in blood he found inside the trunk of the car of his employer because there were already many worms on the clothing and bad odor was already emitting therefrom. It turned out that the clothing belonged to a murder victim. X is not an accessory because: a. He did not destroy the effects or instruments of the crime. b. He burned the clothing not to prevent the discovery of a crime. c. He burned the clothings for sanitation purposes. 3

d. His act of burning the clothing is an absolutory act. 24.Kenzo is being courted by Renz. During her birthday, Renz gave Kenzo a gold bracelet as a gift. Kenzo did not know that Renz snatched it from Yari. a. Kenzo is an accessory because she profited by the effects of a crime. b. Kenzo is an accessory because the law does not require knowledge that the object was stolen. c. Kenzo is not an accessory because she had no knowledge in the commission of the crime. d. Kenzo is not an accessory because the crime committed is a violation of PD 1612. 25.Rapots stole the cell phone of Jarred. Rapots gave the cell phone to Tibor. Rapots told Tibor not to tell anybody that he is the source of the cell phone. Tibor agreed, and from then on kept, possessed and used the cell phone. a. Tibor is an accessory because he profited by the effects of the crime knowing that it is a proceed of a crime. b. Tibor is an accessory because he should have known that the cell phone was a proceed of a crime. c. Tibor is not an accessory because he is a principal in the crime of Fencing. d. Tibor is not an accessory because he is a principal in the crime of Violation of PD 1613. 26.He is not a co-conspirator but the moment he comes to know about the conspiracy, he incurs, conforms, and cooperates by previous or simultaneous acts. However, his act is not equal to or greater than the act committed by the perpetrator of the crime. a. Accessory b. Principal by inducement c. Accomplice d. Principal by direct participation 27.A slapped X. B saw the act committed by A. B stabbed and killed X. a. A and B are both liable for the crime of Homicide. A as an accomplice and B as principal by direct participation. b. A and B are both liable for the crime of Homicide as principals by direct participation because they performed separate acts. c. A is liable as principal in the crime of Physical Injuries and B is liable as principal in the crime of Homicide. d. A is liable as an accomplice for the crime of Homicide and B is liable as principal by indispensable cooperation for the crime of Homicide. 28.Justin and Rexor conspired to kill Warlito. Rexor was designated as the triggerman. Pursuant to the conspiracy, Rexor killed Emerito, not Warlito, because of mistaken identity. a. Justin and Rexor are both liable for the death of Emerito because when there is conspiracy, the act of one is the act of all. b. Justin is equally liable with Rexor because Justin is bound by the acts of Rexor, the designated triggerman. c. Justin is not liable for the crime committed by Rexor because the killing of Emerito is not the crime conspired upon by them. d. Justin is not liable for the death of Emerito because it was a result of mistaken identity. 29.The legal duration of Prision Mayor is: a. 12 years and one day to 20 years b. 6 months and one day to 6 years c. 6 years and one day to 12 years d. 6 months and one day to 12 years 30. A judgment of conviction becomes final: a. After the lapse of 15 days from the date of promulgation b. When the accused expressly waives in writing his right to appeal 4

c. When the appeal already filed is withdrawn from the court d. All of the above 31.If the offender did not voluntarily agree in writing to abide by the rules of discipline of the penal institution, he is entitled to a reduction of his preventive imprisonment equivalent to: a. 1/5 of the time during which he has undergone preventive imprisonment b. 2/5 of the time during which he has undergone preventive imprisonment c. 3/5 of the time during which he has undergone preventive imprisonment d. 4/5 of the time during which he has undergone preventive imprisonment 32.X was charge with an offense. He was sentenced to suffer imprisonment of 6 years and one day, and to pay a fine of P2,000.00. X was not able to pay the fine. a. X should suffer subsidiary imprisonment of 250 days for his failure to pay the fine of P2,000 at the rate of one day for each eight pesos. b. X should suffer the imprisonment and the subsidiary imprisonment of 250 days. c. X should not suffer subsidiary imprisonment because fine is an accessory penalty. d. X should not suffer subsidiary imprisonment because the principal penalty imposed is higher than prision correctional.

33.What is the penalty imposable for complex crimes? a. The penalty for the crime actually committed to be imposed in its maximum period. b. The penalty for two or more crimes to be imposed in their maximum periods pursuant to Art. 49 of the Revised Penal Code. c. The penalty for the complex crime to be applied in its maximum period. d. The penalty for the most serious crime to be applied in its maximum period. 34.Delito complejo means: a. When a single act constitutes two or more grave or less grave felonies. b. When a series of acts is committed about the same place and about the same time arising from a single criminal resolution. c. When an offense is committed as a necessary means to commit the other. d. When an essential element of a crime takes place in one city or municipality such that the crime may be filed in any of such city or municipality. 35.The penalty to be imposed upon an accomplice in a consummated crime. a. The penalty lower by two degrees than that prescribed by law for the consummated felony. b. The penalty next lower in degree than that prescribed by law for the consummated felony. c. The penalty next lower in degree than that prescribed by law for the frustrated felony. d. The penalty next lower in degree than that prescribed by law for the attempted felony. 36.It is known as a group of two or more persons confederating, mutually aiding one another for purposes of gain in the commission of any crime. a. Band b. Syndicate c. Cuadrilla d. Cabal 37.In Habitual Delinquency, the offender shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and an additional penalty. However, the total of the two (2) penalties to be imposed upon the offender shall in no case exceed: a. 10 years b. 20 years c. 30 years d. 40 years

38.It takes place when a person at the time of his trial for an offense, shall have previously served a penalty to which the law attaches an equal or greater penalty. a. Recidivism b. Habitual delinquency c. Reiteracion d. Quasi-recidivism 39.A and B forcibly dragged X from his house and killed him at a distance of 200 meters away from his house. Dwelling is: a. Not aggravating because X was not killed in his house. b. Not aggravating because X was killed away from his house c. Aggravating because the aggression started from the dwelling of X d. Aggravating because there was disrespect of the sanctity of the house of X 40.Band consists of: a. More than three (3) armed malefactors b. Less than three (3) armed malefactors c. At least three (3) armed malefactors d. Three malefactors, one of whom is armed 41.Johannes raped Dionisia in front of her husband. The crime is attended by the aggravating circumstance of: a. Cruelty b. Scoffing c. Ignominy d. Craft 42.It is considered as an alternative circumstances. a. Relationship b. Intoxication c. Degree of Education d. All of the above 43.A and B conspired to beat C and inflict physical injuries upon the latter. In the course thereof, A and B attacked C. A inflicted physical injuries upon C while B inflicted a mortal wound upon C which caused Cs death. The death of C was not included in the conspiracy. a. Only B is liable for the death of C because he inflicted the mortal wound that caused the death of C. b. A is not liable because the death of C was not conspired upon. c. A and B are liable for the death of the victim because it is the direct, natural, and logical consequence of the crime agreed to be committed. d. A and B are liable separately for their respective acts, that is, A is liable for physical Injuries while B is liable for homicide. 44.A and B are engaged in a ferocious fight. Both are armed with bolos and they were hacking each other. The father of A arrived and shouted to A kill him my son! Eventually, A killed B. a. The father is a principal by inducement because he exercises moral ascendancy over A. b. The father is not a principal by inducement because the son, A, already had a reason to kill B. c. The father is a principal by inducement because A killed B after he uttered the words, kill him my son! d. The father is not a principal by inducement because he was not present at the inception of the attack. 45.Deborah has a bank deposit of P50,000.00. She was able to withdraw P150,000.00 because of the manipulation made by Jessie, the manager of the bank, who certified that Deborah has more than the amount to be withdrawn. Jessie is: a. Liable as principal by direct participation b. Liable as principal by indispensable cooperation c. An accomplice d. Liable as principal by inducement 6

46.Robin and Cesar were fighting. Cesar fell on the ground and Robin went on top of him. Robin strangled Cesar. Thereupon, Rustom, the brother of Robin came and stabbed Cesar twice. When Robin saw what Rustom did, he continued to strangle Cesar. Cesar died because of the stab wounds inflicted by Rustom. What is the liability of Robin? a. Robin is a principal by direct participation because he participated in the killing of Cesar. b. Robin is a principal by indispensable cooperation because he immobilized Cesar by riding on him and strangling him. c. Robin is an accomplice because he concurred in the act of Rustom when he continued to strangle Cesar after Rustom stabbed him. d. Robin is an accomplice because he did not conspire with Rustom in killing Cesar. 47.A fine is considered correctional penalty if it : a. Exceeds P6,000.00 b. Is not less than P200.00 but not more than P6,000.00 c. Is less than P200.00 d. Exceeds P6000.00 but is not more than P8,000.00 48.State the order of payment of pecuniary liabilities of the offender. a. Reparation of damage caused, indemnification for consequential damages, fine and costs b. Reparation of damage caused, indemnification for consequential damages, costs and fine c. Reparation of damage caused, fine, indemnification for consequential damages and costs d. Reparation of damage caused, costs, fine and indemnification for consequential damages and costs 49.A with the intent to kill, fired his gun at B. The bullet which hit B also hit C, D, E and F. B suffered slight physical injuries, C was seriously wounded but was operated on and was saved by the doctor. D suffered serious wound but was also saved by timely medical intervention. F died. A committed: a. Complex crime of Homicide, Frustrated Homicide, and Physical Injuries b. Homicide, Physical Injuries, and double Frustrated Homicide c. Homicide with double Frustrated Homicide with Attempted Homicide d. Homicide with double Frustrated Homicide, and a separate crime of slight Physical Injuries 50.A was charged with Murder. During the hearing, A was able to prove voluntary surrender, sufficient provocation, and passion or obfuscation. In case of conviction, the penalty imposable upon A is: a. Prision Mayor in any of its periods as minimum to Reclusion Temporal in its minimum period pursuant to the Indeterminate Sentence Law b. Prision Mayor in any of its periods as minimum to Reclusion Temporal in its medium period as maximum c. Prision Mayor in any of its periods as minimum to Reclusion Temporal in its maximum period as maximum d. Reclusion Temporal 51.The act of any person who with intent to gain for himself or for another, shall receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy or deal with any article, item or object which he knows or should have known to have been derived from the proceeds of robbery or theft. a. PD 1613 b. PD 1614 c. PD 1612 d. PD 1615

52.A and B challenged each other to a fight. In the course thereof, A killed B. A was chased by policemen. A went to C, his friend and confessed that he killed B. C gave B P10,000.00 which the latter used to elude the authorities. a. C is an accessory. b. C is an accomplice. c. C violated PD 1829. d. C is not an accessory because the crime committed by A is not Murder, Treason, Falsification, Parricide or attempt on the life of the Chief Executive. 53.It grants oblivion to all the effects of conviction and restores political rights. a. Amnesty b. Reprieve c. Absolute pardon d. Service of sentence 54.When can the penalty of Destierro be imposed? a. When the death is caused under exceptional circumstances under Article 247 of the Revised Penal Code b. As a penalty for the concubine in concubinage c. When after lowering the penalty by degrees, destierro is the proper penalty d. All of the above 55.X was sentenced to suffer the following penalties: Arresto Menor, Destierro, Arresto Mayor, and Prision Correctional. X should serve them successively according to the order of severity which is: a. Prision Correctional, Destierro, Arresto Mayor, Arresto Menor b. Prision Correctional, Arresto Menor, Arresto Mayor, Destierro c. Prision Correctional, Arresto Mayor, Destierro, Arresto Menor d. Prision Correctional, Arresto Mayor, Arresto Menor, Destierro 56.Why is the sentence in the Indeterminate Sentence Law called indeterminate? a. Because the convict will be sentenced to a minimum and maximum penalty b. Because the sentence to be imposed can only be determined by the court c. Because the convict will not serve the maximum penalty imposed d. Because it cannot be determined as to how long the convict will serve sentence because after served the minimum, he may be released on parole 57.There are four mitigating circumstances and one aggravating circumstance. Under the rules on offsetting, there remain three mitigating circumstances. The judge therefore lowered the penalty by one degree and applied the penalty in medium period. Is the judge correct? a. Yes, because there are three mitigating circumstances left. b. Yes, because the aggravating circumstance was offset by one mitigating circumstance. c. No, because the penalty should not be lowered by one degree considering that there is an aggravating circumstance. d. No, because the penalty can be lowered only if the penalty is divisible. 58.Robbery in an uninhabited place is qualified when committed by: a. A band in an uninhabited place b. A band or in an inhabited place c. A band and in an uninhabited place d. A band and/or in an uninhabited place 59.In the course of the robbery committed by A, B, and C in the house of X, the robbers killed three occupants of the house with treachery. a. A, B and C committed Robbery with Murder b. A, B and C committed Robbery with Multiple Homicide c. A, B and C committed Robbery with Multiple Murder. d. A, B and C committed Robbery with Homicide. 8

60.Arturo and Luisa are common law spouses. They have been cohabiting as husband and wife for the last 7 years. One day, Luisa stole the wallet of Arturo containing money. a. Luisa committed theft and is liable. b. Luisa committed theft but is not exempt from liability because she is only a common law spouse. c. Luisa committed theft but is exempt from criminal liability because the exemption includes common-law spouses. d. Luisa committed theft but is exempt from criminal liability because she lives in the same house. 61.Bribery is qualified if a public officer: a. Asks from another public officer gifts or presents as consideration for refraining from arresting or prosecuting an offender. b. Refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua or death. c. Refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death. d. Refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and death. 62.While SPO1 Villanueva was cleaning his gun, he forgot to remove the bullet from his chamber. In the process, he squeezed the trigger and it fired hitting his wife who died. SPO1 Villanueva is liable for: a. Illegal Discharge of Firearms and Homicide b. Illegal Discharge of Firearms with Parricide c. Reckless Imprudence with Parricide d. Reckless Imprudence resulting in Parricide 63.Qualified theft is committed: a. If the property stolen are coconuts taken from the premises of a plantation b. If fish be taken from a fishpond c. If the property taken is a mail matter d. All of the above 64.In Estafa with abuse of confidence under Art. 315 of the Revised Penal Code: a. Abuse of confidence constitutes the crime itself b. Deceit is not an essential element c. Deceit is an essential element in certain cases d. Deceit is immaterial but important 65.Carlos and Vangie are sweethearts. Carlos is 25 years old and Vangie is 16 years old. Carlos and vangie have had several sexual intercourses. On June 16, 2011, when Vangie turned 17 years old, Carlos and Vangie eloped and carlos took her consent to the Boracay resort. They had carnal relations while thereat. Carlos charged with consented abduction. Carlos argued that he is not liable because previously, they had sexual relations with Vangie and therefore Vangie was no longer a virgin. a. Carlos is not liable for consented abduction because Vangie was no longer a virgin when she eloped with Carlos. b. Carlos is not liable for Consented Abduction because virginity once lost is lost forever. c. Carlos is liable because virginity is not to be understood in its material sense as to exclude the abduction of a woman of good reputation. d. Carlos is liable for Consented Abduction because a girl over 12 but not more than 18 years of age is incapable of giving valid consent.

66.Johnny and Susan are husband and wife. They agreed to live separately because of irreconcilable differences. They signed an agreement stipulating that both shall be free to get any mate and live as husband and wife without interference from each other. Susan cohabited with Zandro. a. Susan and Zandro are liable for adultery because the written agreement of Johnny and Susan is contrary to public policy and is therefore invalid. b. Susan and Zandro are liable because they have sexual intercourse under scandalous circumstances. c. Susan and Zandro are not liable because the written agreement of Johnny and Susan is an unbridled license for the commission of adultery. d. Susan and Zandro are not liable because the written agreement of Susan and Johnny does not prove the condonation envisaged by Art. 344 of the Revised Penal Code. 67.Jesus and Remedios are husband and wife. When Remedios was 7 months pregnant, Jesus died. Three months after Remedios delivered her child, she married Reynaldo, her first love. Remedios was charged with premature marriage because being a widow, she married within 301 days from the death of her husband. a. Remedios is liable because she got married within 301 days from the death of her husband. b. Remedios is liable because the law does not provide any exceptions. c. Remedios is not liable because the period of 301 days is only for cases where the woman is not pregnant. d. Remedios is not liable because it was her husband, Jesus who fathered the child. 68.X, a police officer, arrested Y for violation of RA 9165. For several times, he ignored a subpoena for him to appear in court and testify in a criminal case filed against Y. a. X is liable for Open disobedience. b. X is liable for Refusal of assistance. c. X is liable for Disobedience to order of superior. d. X is liable for Dereliction of duty. 69.Rosy is the housemaid of Anthony. Rosy was scolded by Anthony for several times because she was not doing her laundry well. Rosy put poison in the food of the Labrador dog of Anthony. As a result, the dog died. a. Rosy committed Cruelty to animals. b. Rosy committed Simple Malicious Mischief. c. Rosy committed Special Malicious Mischief. d. Rosy is liable for Prohibited use of poison. 70.George took Daphne against her will for the purpose of marrying her. George is married but is separated in fact for 2 years. a. George is not liable for Forcible Abduction because his purpose cannot be considered lewd. b. George is liable for Forcible Abduction because there being an impediment to the marriage, his purpose can be considered as lewd. c. George is liable for Forcible Abduction because he abducted Daphne against her will. d. George is not liable for Forcible Abduction because he had no criminal intent in Abducting Daphne. 71.Violation of Domicile can be committed by any public officer or employee who: a. Shall enter any dwelling against the will of the owner thereof b. Shall search papers or other effects without the previous consent of the owner c. Having entered the dwelling of another with consent refuses to leave when required to leave d. Both A and B 10

72.Rodito is tenant of a dwelling unit. He closed the door of his house and locked it with the use of a wire which he tied to a piece of nail on the doorcap. Zozimo, his neighbor, cut the wire with a wire cutter and entered the house of Rodito and took valuables from the house. Zozimo is liable for: a. Robbery with force upon things because he cut off the wire attached to the nail that secured the door. b. Robbery because the cutting of the wire is considered force upon things. c. Theft because what was broken was an appurtenant of the door. d. Theft because what was broken was not the door itself but merely an accessory of the door. 73.X, a provincial fiscal was travelling to a certain municipality to conduct a preliminary investigation. Along the way, Bartolo, who was then driving a truck refused to give way to the car of the fiscal and even zigzagged in front of the car to prevent it from overtaking his truck. The fiscal signaled the truck to stop which Bartolo did. X introduced himself as a fiscal. Bartolo drew his gun, cocked it, and pointed it to the fiscal. a. Bartolo committed Direct Assault upon a person in authority because the performance of duty of the fiscal includes his traveling to the place of work. b. Bartolo did not commit Direct Assault because the fiscal was not engaged in the actual performance of his duties. c. Bartolo committed Direct Assault because he prevented X from performing his job. d. Bartolo did not commit Direct Assault because he did not lay hands on the fiscal. 74.Cattle Rustling means: a. Taking away by means, method or scheme, without the consent of the owner/raiser, of any large cattle for profit. b. Taking away by any means, method or scheme, without the consent of the owner/ raiser, of any large cattle whether or not for profit. c. Taking away by any means, method or scheme, without the consent of the owner/raiser, of any large cattle for the purpose deriving benefits therefrom directly or indirectly. d. Taking away by means, method or scheme, without the consent of the owner/raiser, of any large cattle with force upon things or intimidation in the highway. 75.X held up a car with three passengers. At gunpoint, he took the expensive watches of the two passengers. The driver of the car tried to fight back so X killed him. He did not get anything valuable item from the driver. a. X committed 2 counts of Robbery and Homicide. b. X committed 2 counts of Robbery, Frustrated Robbery and Homicide. c. X committed a complex crime of Homicide, Robbery and Frustrated Robbery. d. X committed Robbery with Homicide. 76.X stole the savings passbook of Y. He withdrew P50,000.00 from the bank by counterfeiting the signature of Y. X committed: a. Theft, Falsification and Estafa b. Estafa thru Falsification c. Two crimes of Theft and Estafa thru Falsification d. The crimes of Counterfeiting, Theft and Estafa 77.It is the duly recorded authorized movements and handling of seized drugs laboratory equipment from the time of seizure/confiscation to receipt in forensic laboratory to safekeeping to presentation in court to destruction. a. Chain of command b. Chain of evidence c. Chain of custody d. Chain of seizure 11

78.The three-fold rule applies only if there are at least: a. 3 penalties b. 4 penalties c. 6 penalties d. 2 penalties 79.X mixed poison in the coffee of Y to kill him. Unknowingly, Y drank his coffee laced with poison. Nothing happened as the poison had no effect at all. X committed: a. Attempted Murder b. Frustrated Murder c. Impossible Crime d. Slight Physical Injuries 80.A hacked B. He missed hitting B but the blade of the bolo landed at the neck of C who died as a result. Determine the crime committed by A. a. A committed Homicide. b. A committed Homicide and Attempted Homicide. c. A committed Homicide with Attempted Homicide. d. A committed Homicide and Grave Threats. 81.A shot B and the latter was hit. B sustained slight physical injuries. The bullet which hit B also hit C who died as a result. a. A committed Slight Physical Injuries. b. A committed Homicide and Slight Physical Injuries. c. A committed Homicide with Attempted Homicide. d. A committed Homicide with Slight Physical Injuries. 82.A shot B. b was hit. The bullet which hit B also hit C. B suffered a mortal wound but was saved by timely medical intervention. For his part, C died. A voluntarily surrendered to the police. What crime/s did A commit? a. Homicide with Frustrated Homicide. b. Homicide and Frustrated Homicide. c. Murder with Frustrated Murder. d. Murder with Frustrated Homicide. 83.In the preceding problem, impose the proper penalty on A taking into consideration the Indeterminate Sentence Law. a. Prision Mayor in any of its periods as minimum to Reclusion Temporal in its minimum period as maximum. b. Prision Mayor in any of its periods as minimum to Reclusion Temporal in its medium period as maximum. c. Prision Mayor in any of its periods as minimum to Reclusion Temporal in its maximum period as maximum. d. Prision Mayor in any of its periods as minimum to Reclusion Temporal in its medium and maximum periods as maximum. 84.A, a pickpocket, stole an item in the bag of another person. When he arrived home, he brought out the said item and was surprised because the item is his own watch that he lost a month earlier. a. A committed Theft. b. A committed Frustrated Theft. c. A committed an impossible crime. d. A committed no crime. 85.The crime of Expulsion can be committed by: a. A public officer b. A private person c. A public employee 12

d. Both A and C. 86.It refers to a number of persons secretly united and used devious and undercover means to bring about an overturn public affairs or undermine and cause the downfall of a person with a position or authority. a. Sedition b. Insurrection c. Coup detat d. Cabal 87.Using the fictitious name is committed by any person who shall publicly use a fictitious name for the purpose of: a. Preventing arrest, concealing a crime, or evading the execution of judgment. b. Causing damage to public interest, evading execution of judgment, or preventing service of sentence. c. Concealing a crime, evading execution of judgment or causing damage to public interest. d. Preventing service of sentence, concealing a crime or causing damage to public interest. 88.Killing a child exactly 3 days old is: a. Infanticide b. Parricide c. Murder d. Abortion 89.It is known as the improper performance of an act which might be lawfully done. a. Malfeasance b. Misfeasance c. Nonfeasance d. Nuisance 90.It prohibited giving and acceptance of gifts by or to a public officer even during anniversaries or occasions. a. Direct Bribery b. Indirect bribery c. Corruption of Public Officers d. PD 46 91.It is a felony committed by collecting as payments objects of a nature different from that provided by law. a. Fraud against the public treasury b. Malversation c. Illegal Exaction d. Estafa 92.George and Anna cohabited as husband and wife without the benefit of marriage. They begot a child Juanito. When Juanito wa 18 years old, he quarreled with his grandfather Jose, the father of Johnny. Juanito killed his grandfather Jose. Juanito committed: a. Homicide b. Murder c. Parricide d. Slander by deed 93.It is the conscious and deliberate adoption of means, methods or forms of attack that will ensure the commission of a crime without risk on the offender arising from the defense to be put up by the victim. a. Evident premedition b. Inundation c. Alevosia d. Employment of means to weaken the defense 13

94.The person liable in death caused in a tumultuous affray is: a. The person who killed the victim. b. The person who last attacked the victim. c. The person who used violence against the victim. d. The person who inflicted serious physical injuries. 95.It is committed by shooting at another with any firearm without intent to kill: a. Grave Threats b. Attempted Homicide c. Unjust Vexation d. Illegal Discharge of Firearm 96.A mother who kills her 2-day old child commits: a. Parricide b. Infanticide c. Child Abuse d. Violation of RA9262 97.A and B engaged in a fight. B was at the losing end because he was smaller. When they grappled with each other, B bit the ears of A so hard that the ears of A were severed. B committed: a. Mutilation b. Bobbitizing c. Serious Physical Injuries d. Less Serious Physical Injuries 98.The Battered Woman Syndrome is a/an: a. Mitigating Circumstance b. c. Extenuating Circumstance d.

Exempting Circumstance Justifying circumstance

99.Rape by Sexual Assault can be committed by: a. Fraudulent Machination b. Inserting the penis into the genetalia c. Inserting the penis into the anal orifice d. Inserting an object into the mouth of another person 100. It is known as mock serenade where persons involved pretend to be serenading but actually the purpose is to create noise. a. Tumult b. Tumultous Affray c. Alarms and Scandal d. Charivari 101. The Severely Restrictive Rule applies to: a. Rebellion b. Insurrection c. Coup detat d. Treason 102. X distributed materials which glorify crimes or encourage violation of laws. X committed: a. Sedition b. Unlawful Utterances c. Inciting to Sedition d. Unlawful Publication 103. Gerald punched the daily time record of his co-employee Cesar who was at SM shopping. Gerald is liable for: a. Counterfeiting b. Violation of RA 3019 c. Falsification d. Forgery 104. In plunder, a public officer acquires ill-gotten wealth in the aggregate amount of at least: a. P75 million pesos b. P100 million pesos c. P45 million pesos d. P50 million pesos

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105. It is committed by making immoral or indecent advances to a woman interested in a manner pending before an officer. a. Indecent proposal b. Immoral doctrines c. Abuse against chastity d. Unlawful exhibition 106. It is a crime under the Revised Penal Code where the penalty imposed by law is the same regardless of whether it was intentionally committed or it resulted from negligence. a. Infidelity in the custody of the prisoners b. Falsification c. Illegal use of public funds d. Malversation 107. Which one is not a qualifying aggravating circumstance? a. Price, reward or promise b. night time c. with the aid of armed men d. scoffing at the corpse of the dead. 108. Prince, a civilian, noticed a heavy traffic in Claro M. Recto Road. To ease the traffic, he started blowing his whistle and directed the flow of traffic. Freddie, a taxi driver ignored his stop sign. Prince approached the taxi driver and confiscated his drivers license. Prince is liable for what crime? a. Usurpation of Authority b. Usurpation of Official Function c. Usurpation of Right d. Usurpation of Police Matters 109. They are referred to as persons who are directly vested with jurisdiction, whether as an individual or as member of some court or government corporation, board or commission. a. Public officers b. Government Officers c. Persons in Authority d. Elective Officials 110. Jimmy had an altercation with Cynthia. In the course of their verbal tussle, Jimmy threatened to kill Cynthia by pointing a gun at her. Jimmy did not know that Cynthia was pregnant. Cynthia was frightened. As a result, Cynthia suffered abortion, Jimmy is liable for: a. Intentional Abortion b. Grave Threats c. Unintentional Abortion d. Abortion thru Negligence 111. It is the crime committed by any person who without reasonable ground shall arrest or detain another for the purpose of delivering him to the proper authorities. a. Unlawful Arrest b. Illegal Detention c. Arbitrary Detention d. Grave Coercion 112. Exploitation of Child Labor is committed by: a. A creditor who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or person entrusted with the custody of a minor , against the latters will, retain him in his service b. A debtor who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or person entrusted with the custody of a minor, against the latters will, retain him in his service c. Anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or person entrusted with the custody of a minor, against the latters will, retain him in his service. d. A mortgagor who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or person entrusted with the custody of a minor, against the latters will, retain him in his service. 113. Jaka owes Zaldy P20,000.00. Jaka failed to pay Zaldy when the loan became due and demandable. Zaldy compelled Jaka to work for him as his beautician. Zaldy committed the crime of: a. Service rendered under compulsion in payment of his debt b. Exploitation of labor 15

c. Coercion d. Illegal Servitude 114. SPO1 Trinidad arrested Tirso by virtue of a warrant of arrest issued by a court. a. SPO1 Trinidad has to file the appropriate case within 12, 18 or 36 hours pursuant to Art. 125 of the Revised penal Code. b. SPO1 Trinidad has to deliver Tirso to the court that issued the warrant of arrest within 12, 18 or 36 hours pursuant to Art. 125 of the Revised Penal Code. c. The period prescribed under Art. 125 of the Revised Penal Code does not apply. d. The period prescribed under Art. 125 of the Revised Penal Code applies but it does not include nighttime and after office hours. 115. Pablo is a serial rapist. He committed rape in Manila, Quezon City, San Juan, Cavite, Tarlac, Pangasinan, La Union, and Pampanga. The commission of the crimes had sowed and created a condition of widespread and extraordinary fear and panic among the populace. Pablo demanded from the government the payment of P10 Million pesos as a condition for him to stop committing the crime. a. Pablo committed the crime of Terrorism. b. Pablo did not commit the crime of Terrorism because the commission of Rape was not widespread. c. Pablo committed Terrorism because the commission of Rape is a crime result. d. Pablo did not commit Terrorism because Rape is not included in Terrorism. 116. Which of the following is not a felony? a. Proposal to Commit Treason b. Proposal to Commit Coup dtat c. Proposal to Commit Terrorism d. Proposal to Commit Sedition 117. China and Philippines are at war against each other. A, B, C and D are all Filipino citizens. They agreed and decided to aid the Chinese by providing the information about the movement of Philippine troops. A, B, C and D supplied the Chinese soldiers with up to date information about the deployment of Philippine Troops. Karla, the girlfriend of C, despite her knowledge of the act committed by A, B, C and D did not report it to the authorities as soon as possible as required by law. a. Karla is liable for Misprision of Treason. b. Karla is liable for a felony by omission. c. Karla is not liable because her relationship with C is an exempting circumstance. d. Karla is not liable because Treason was committed by A, B, C and D. 118. Jonas is sick with an incurable disease. He wants to end it all. He confided to his best friend, Abner, his intention to commit suicide. He requested Abner to suggest to him the best way of committing suicide. Commiserating with Jonas, Abner suggested to Jonas that he kills himself by taking an overdose of medicine so that it will be painless. Jonas took the advice of abner and took an overdose of medicine. Jonas died. a. Abner is liable for giving assistance to suicide because the crime can be committed by giving positive aid to the suicide such as giving suggestions regarding the mode of commission of suicide. b. Abner is not liable for giving assistance to suicide because he did not perform an overt act in giving assistance to suicide. c. Abner is liable for attempted giving assistance to suicide by giving suggestion to Jonas on how to commit suicide. d. Abner is not liable for giving assistance because giving suggestion on how to commit suicide is not a felony. 119. During a fiesta celebration, a free for all fight erupted at the middle of the public plaza. After the smoke of battle had cleared, X was found dead. The person who killed him 16

cannot be ascertained. Two witnesses however, pointed to A and B as the persons who stabbed X. It cannot be ascertained though who between A and B inflicted the fatal blow that caused the death of X. a. A and B should be charged with homicide. b. A and B should be charged with death caused in a tumultuous affray. c. A and B should not be charged because it cannot be ascertained who between them inflicted the fatal blow that caused the death of the victim. d. A and B should be charged with murder. 120. Machination in public auction is committed by soliciting any gift or promise as a consideration for refraining from taking part in any auction or attempting to cause bidders to stay away from the auction for the purpose of: a. Preventing the auction b. Reducing the price c. Deferring the auction d. Increasing the price. 121. a. b. c. d. Killing a person by use of explosives is: Murder Homicide Violation of RA 9264 Terrorism

122. On his way to attend a regular session of the House of Congress, Congressman Mauricio figured in a vehicular accident. Both the Congressman and the driver of the other vehicle alighted. An altercation ensued. In the process, the Congressman shot the driver with his licensed firearm. The bullet graced the left arm of the driver and suffered slight physical injuries. A policeman came and arrested Congressman Mauricio. Is the policeman liable for violation of Parliamentary Immunity? a. Yes, the policeman is liable for Violation of Parliamentary Immunity because the crime that the Congressman committed is frustrated homicide. b. Yes, the policeman is liable for Violation of Parliamentary Immunity because the crime committed is attempted homicide. c. No, the policeman is not liable for Violation of Parliamentary Immunity because Congressman Mauricio was not attending a regular or special session. d. No, the policeman is not liable for Violation of Parliamentary Immunity because he arrested Congressman Mauricio in flagrante delicto. 123. If a group of armed men gathered and conspired for the purpose of committing kidnapping: a. Illegal assembly is committed because of the conspiracy. b. Illegal assembly is committed because a meeting of persons for the purpose of violating the law is a felony. c. Illegal assembly is committed because of the gathering of armed men for the purpose of committing a felony. d. Illegal assembly is committed because of the gathering of armed men for the purpose of committing a crime. 124. Edgar assaulted a priest by slapping him in the course of a blessing of a new house. The incident interrupted the ceremony. Edgar was pacified by the persons who were at the place. Edgar is liable for: a. Interruption of religious worship b. Offending religious feeling c. Assault upon person in authority d. Slander by deed 17

125. a. b. c. d.

The phase delivering the person arrested to the proper judicial authorities means: Physical act of bringing the legally arrested person to the judge Filing a case before the fiscals office Filing a case by the fiscals office Filing of the case before the court that has jurisdiction of the crime committed

126. A private person who by the use of the thread compels another to change his residence commits: a. Expulsion b. Grave Coercion c. Threats d. Violation of Domicile 127. a. b. c. d. 128. a. b. c. d. It is referred to as a mass movement. A crime committed by a multitude. Coup dtat Insurrection Treason Rebellion Coup dtat is a swift attack accompanied by: Violence, intimidation, force, threats, strategy, and stealth. Violence, intimidation, threats, strategy, and scheme. Violence, intimidation, threats, treachery, and stealth. Violence, intimidation, threats, strategy, and stealth.

129. Arnaldo, a law student, was flunked in Roman Law by his professor, Atty. Reyes. Angered by this, Arnaldo waited for him and boxed on the face. Atty. Reyes suffered injuries and was medically attended for 3 days, Arnaldo committed: a. Direct Assault with slight Physical Injuries b. Slight Physical Injuries c. Direct Assault and Slight Physical Injuries d. Qualified Direct Assault 130. What is the effect if a prisoner who escaped on the occasion of calamity returns within 48 hours following the announcement of the passing away of the calamity? He will be given a reduction equivalent to: a. 4/5 of the original sentence b. 3/5 of the original sentence c. 1/5 of the original sentence d. 2/5 of the original sentence 131. A quasi-recidivist is any person who: a. At the time of his trial for an offense shall have been previously convicted by final judgment of a crime embraced under the same title of the code b. Shall commit a felony while serving sentence or before serving sentence c. At the time of his trial for an offense shall have previously served a penalty to which the law attaches an equal or greater penalty d. Within 10 years from the date of his last conviction or last release shall commit for the third time or oftener 132. Which of the following statement is correct? a. Damage is an essential element of Falsification of Private Document. b. Damage is not an essential element of Falsification of Private Document. c. Damage or at least an intent to cause damage is an element of Falsification of Private Document 18

d. Damage or intent to cause damage is not an element of Falsification of Private Document. 133. Subordination of Perjury is committed by any person who deliberately procures another to: a. Execute a false affidavit against another b. Testify falsely and another person procured actually testifies as told c. Offer in evidence a false witness d. Deny an affidavit already made 134. a. b. c. d. 135. a. b. c. d. Which of the following crimes is not a crime involving Dereliction of Duty? Knowingly rendering unjust judgment Unjust interlocutory order Infidelity in the custody of prisoners Revelation of secrets Which is not a mode of committing Violation of Domicile? Entering a dwelling against the will of the owner Searching documents, papers and effects without the previous consent of the owner Refusing to leave having surreptitiously entered when requested by the owner to do so Entry without the consent of the house owner

136. The Philippines and Malaysia are at war. Armed hostilities have begun. The Philippine government prohibited flight to Malaysia. Jonathan has a girlfriend named Melody who is based in Malaysia. Jonathan boarded Garuda, an airplane bound for Malaysia. Before the airplane could take off, Jonathan was arrested by members of the civil aviation command. Jonathan committed: a. Attempted flight to enemys country b. Frustrated flight to enemys country c. Flight to enemys country d. Violation of RA 6235 (Act Prohibiting certain Acts Inimical to Civil Aviation) 137. Miguel engaged a group of persons into a fight. He stabbed and killed Sonny not knowing that the latter is his son. a. Miguel is not liable for parricide because he does not know that Sonny is his son. b. Miguel is liable for parricide because the law does not require knowledge that the victim is his son. c. Miguel is not liable for homicide because he had no intent to kill his own son. d. Miguel is not liable for homicide because of the doctrine of honest mistake of fact. 138. Manny was jogging at Burnham Park, Baguio City, in preparation for his fight against Margarito. While jogging at 5 oclock in the morning. Manny saw an old man bleeding profusely. The old man asked Manny to bring him to the hospital as he was in danger of dying. Manny simply looked at the man, continued to jog and abandoned the helpless old man. Manny is liable for Abandonment of helpless persons because: a. Manny failed to render assistance to the person whom he found in an uninhabited place. b. Manny failed to render assistance to the person when he can render assistance without detriment to himself. c. Manny failed to render assistance to the person whom he found in an inhabited place. d. Manny failed to render assistance to a wounded person because he was under training. 139. Gerry raped Joanna. Not satisfied in abusing the lady, after satisfying his lust, Gerry secretly took the panty of Joanna as a remembrance. Gerry committed: a. Robbery with Rape b. Robbery and Rape c. Rape and Theft d. Rape and Robbery 19

140. Tony pointed his gun at Vic. Tony had no intent to kill and simply wanted to intimidate Vic. In the Process however, Tony pressed the trigger of the gun and it fired. Vic was hit and was seriously wounded. If you were the fiscal, what crime/s are you going to file against Tony? a. Attempted homicide with Illegal discharge of firearm b. Frustrated homicide with illegal discharge of firearm c. Serious physical injuries and illegal discharge of firearm d. Serious physical injuries with illegal discharge of firearm 141. While the court was in session, Judge Hipolito saw a person yawning inside the court room. He berated the person and declared him in contempt of court and fined him P500. After the court session and while Judge Hipolito was on his way home, the person attacked him by stabbing him from behind. The judge died. What is/are the crime/s committed by the person? a. Homicide with Direct Assault b. Murder with Direct Assault c. Murder and Direct Assault d. Homicide and Direct Assault 142. A husband surprised his wife with a man inside their room. The wife and the man were both naked and lying in bed. The husband shouted at them. The man jumped out of the window. The husband chased the man and killed him. Thereafter, the husband killed his wife. The husband committed: a. Parricide and Homicide b. Death inflicted under exceptional circumstances c. Double Homicide d. Parricide with Murder 143. Jonas and Jean had an altercation. In the course of the heated argument, Jonas killed Jean. After killing her, Jonas had anal intercourse with the victim. Jonas committed the crime of: a. Homicide b. Murder c. Scoffing at corpse d. Cruelty 144. It takes place when a quarrel occurs between several persons not comprising organized groups and engaged in a fight in a confused manner. a. Charivari b. Alarms and scandals c. Duel d. Tumultuous affray. 145.

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