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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
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
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.
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.
d.

Accomplice
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
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 fatherof 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
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 theIndeterminate 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.
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
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
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
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
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. Exempting Circumstance
c. Extenuating Circumstance

d. 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
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
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 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. Killing a person by use of explosives is:
a. Murder
b. Homicide
c. Violation of RA 9264
d. 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.

KEY ANSWERS IN THE QUIZZER OF ATTY. ESTRADA


1. B
2. A
3. C
4. C
5. A
6. C
7. D
8. A
9. C
10.
11.
12.
13.
14.
15.
16.

51.C
52.C
53.C
54.D
55.D
56.D
57.C
58.C
59.D
C
A
B
A
C
A
A

60.C
61.C
62.D
63.D
64.B
65.C
66.C

101.D
102.D
103.C
104.D
105.C
106.D
107.B
108.B
109.C
110.B
111.A
112.C
113.C
114.C
115.D
116.D

17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.D

B
A
C
A
D
A
B
C
C
C
C
C
C
D
D
D
D
C
C
B
C
C
C
A
C
D
C
B
B
C
B
A
C

67.C
68.B
69.C
70.B
71.D
72.D
73.A
74.B
75.D
76.B
77.C
78.B
79.C
80.C
81.C
82.A
83.C
84.C
85.D
86.D
87.C
88.C
89.B
90.D
91.C
92.A
93.C
94.D
95.D
96.B
97.A
98.D
99.C
100.D

117.D
118.A
119.A
120.B
121.B
122.B

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