1. Ask questions that cannot be answered by simply referring to the RPC.

Ask something that

can be answered only by those who read the Reyes book, the Beda reviewer or the assigned
cases, or by those who listen to Hornillas lectures/comments.

2. Ask two questions on your assigned topic before 12 noon, November 22 (Tuesday).

Mitigating Circumstances Par. 1-5 - ReyDoc

Mitigating Circumstances Par. 6-10 - ReyDe1
Aggravating Circumstances Par. 1-5 - Joe
Aggravating Circumstances Par. 6-10 - Bea
Aggravating Circumstances Par. 11-15 - Cole
Aggravating Circumstances Par. 16-21 - Jason
Alternative Circumstances - Joker
Persons who incur criminal liability - Sitty
Principal Penalties - Judy
Compound and Complex Crimes, Penalties imposable - Mario
Probation Law (PD 968) - Mela
Laws on Execution of Penalties - Raizza
Juvenile Justice Welfare Act - Nomar
Correctional, Light and (...) Penalties - Rean
Accessory Penalties (Art. 40-45) - Jerell
Civil Liabilities arising from criminal liabilities - Ning

3. Underline your name above when youre done.

4. Use the following format:

1. This is the sample question number one:

a. This is the first choice
b. This is the second choice (correct answer)
c. This is the third choice
d. This is the fourth choice
e. This is the fifth choice

5. Write your questions below this line:

_________________________________________________________________________

1. Which of the following relationships is/are covered as alternative circumstance?

a. Uncle and niece
b. Stepmother and stepson
c. Adopted parent and adopted child
d. Both a and b
e. Both b and c (correct answer)
2. The fact that the accused is a lawyer is considered aggravating in physical injuries. The
fact that the accused is unlettered or uncultured is generally considered mitigating in the
crime of treason.
a. The first sentence is true. The second sentence is false.
b. The first sentence is false. The second sentence is true.
c. Both sentences are true.
d. Both sentences are false. (correct answer)
e. Alternative circumstances are not applicable in mala prohibita.

3. The mitigating circumstance of lack of intention to commit so grave a wrong may be

appreciated in the following:
a. Homicide (correct answer Reyes p.284, People v Pugay)
b. Murder qualified by treachery
c. Defamation or slander
d. Felonies by negligence
e. Physical injuries where the victim does not die

4. A, married to B, was killed by C. Immediately after learning of As death, the siblings of B

killed C. Which of the following is true:
a. Art 11 (2) may be appreciated - Justifying circumstances; Anyone who acts in
defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in
the same degrees, and those by consanguinity within the fourth civil degree.
b. Art 12 (5) may be appreciated - Circumstances Which Exempt from Criminal
Liability; Any person who acts under the compulsion of an irresistible force.
c. Art 13 (5) may be appreciated - Mitigating Circumstances; That the act was
committed in the immediate vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or
adopted brothers or sisters, or relatives by affinity within the same degrees.
(correct answer Reyes p.293)
d. Art 14 (13) may be appreciated - Aggravating Circumstances; That the act be
committed with evident premeditation.

5. This refers to a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the offended and the community;
and reassurance to the offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim and the community in
prevention strategies:
a. Retributive Justice
b. Restorative Justice (correct answer)
c. Juvenile Justice
 d. Welfare Justice

6. This refers to an alternative, child-appropriate process of determining the responsibility

and treatment of a child in conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background without resorting to formal court
proceedings:
a. Intervention
b. Innovation
c. Diversion (correct answer)
d. Decriminalization

7. Bong was prosecuted for theft and sentenced to imprisonment for 10 months
a. He can still exercise his right to vote even if not pardoned since he was
imprisoned for less than 1 year and the crime is committed against property
b. He cannot exercise his right to vote even if he is pardoned
c. He cannot vote unless pardoned because this is a crime committed against
property
d. The nature of the crime is immaterial and Bong cannot exercise his right to vote,
unless pardoned
e. None of the above

8. When may the aggravating circumstance of insult or in disregard o of rank, age, sex or
dwelling of the offended party be appreciated?

a. Husband killed his wife inside their conjugal home

b. Attempt upon the life of a General of the AFP
c. Robbery of a thing belonging to the President
d. Rape of a female colleague
e. None of the above

9. The following are requisite of the aggravating circumstance of contempt or insult to

public authorities, except:

a. Public authority is engaged in the exercise of his functions

b. Public authority is the person against whom the crime is committed
c. Offender knows him to be a public authority
d. Public authoritys presence has not prevented the offender from committing the
criminal act
e. None of the above

10. When the accused is convicted, and a principal penalty is given,

a. the accessory penalties are always imposed upon conviction
 b. the accessory penalties should be stated expressly
c. it is the discretion of the courts whether or not to impose accessory penalties
d. whether or not convicted, there will be accessory penalties

11. Which of the following aggravating circumstance is not absorbed by treachery?

a. Craft
b. Abuse of superior strength
c. Cuadrilla
d. Ignominy *
e. Evident Premeditation

12. Unlawful entry is inherent in

a. Robbery with the use of force upon things

b. Trespass to dwelling
c. Violation of Domicile
d. Evasion of service of sentence
e. All of the above *

13. Treachery is not appreciated as an aggravating circumstance when..

a. The victim of the killing is a child even if the manner of attack is not shown
b. There was aberratio ictus and the bullet hit a person different from intended
c. The act was committed due to passion and obfuscation *
d. There was error in personae, hence the victim was not the one intended by the
accused
e. The victim was forewarned was of the danger to his person

14. A killed B. C gave money to A for killing B. Which of the following is true:
a. The aggravating circumstance of crime in consideration of a price, reward, or
promise is to be appreciated in this case if A was made aware of the money only
when C gave it.
b. The aggravating circumstance of crime in consideration of a price, reward, or
promise is to be appreciated if A was not aware that C was going to give money
for killing B.
c. The aggravating circumstance of crime in consideration of a price, reward, or
promise is to be appreciated if A killed B when B told him to.
d. The aggravating circumstance of crime in consideration of a price, reward, or
promise is to be appreciated if A killed B after C assured A that he will get the
money if the crime is committed. (SAN BEDA reviewer quoting US vs Flores)
e. None of the above.
15. A was married to B. A found out that C gave B a golden ring. A went on a 10 hour trip to go
to where C lived. After arriving at the locality of C, A had lunch and changed his clothes.
Thereafter when it was nighttime, A went to Cs house, snuck in and killed him. Which is true
a. Passion and obfuscation should be appreciated since A killed C only because C gave B
a golden ring.
b. Passion and obfuscation should not be appreciated if C was married to B
c. Passion and obfuscation should be appreciated since it was committed in nighttime
d. Passion and obfuscation should not be appreciated since A had enough time to cool off
and think about what he was about to do.(Evident pre-meditation as argued by the court
in the case of People vs Ventura)
e. None of the above.

16. X became insane after the final sentence has been pronounced. Which of the following
statements is true regarding the execution of his sentence?
A. His sentence shall no longer be executed since he is now exempt from criminal liability
B. His sentence would still be executed
C. The payment of his civil or pecuniary liability shall not be suspended
D. The execution of the sentence shall be suspended with respect to both personal penalty and
civil liability

17. The following statements are true with respect to the execution of the penalty of arresto
menor except for:
A. Arresto menor can be served in the municipal jail
B. Arresto menor cannot be served at home without the surveillance of an officer of the law
C. The health of the offender can be a ground for serving the sentence of arresto menor at
home
D. Arresto menor can now be served by rendering community service

18. Which of the following statements is the correct way of stating a fine as an alternative
penalty?
A. to pay a fine of P1000.00, or to suffer an imprisonment of two years, and to pay costs.
B. to pay a fine of P200.00
C. to suffer arresto mayor
D. to suffer arresto mayor or a fine ranging from P200.00 to P1000.00

19. Which of the following Principal Penalties (Art.25, RPC) is not ascribed to any particular
felony?
A. Bond to Keep the Peace
B. Prision Correccional
C. Suspension
D. Public Censure
20. When should an application for probation be filed?
A. Anytime before the offender starts serving his sentence but within 30 days of the notice
of the judgment of conviction
B. Anytime after the offender starts serving his sentence but within 15 months of the notice
of the judgment of conviction
C. Anytime before the offender starts serving his sentence but within 15 days of the notice
of the judgment of conviction
D. Anytime before the offender stats serving his sentence but within 15 months of the notice
of the judgment of conviction.
21. A was convicted of the crime of Falsification of Public Documents and sentenced to suffer
an indeterminate penalty of 4 years ,2 months and one day to 6 years. She attempted to appeal
the decision but was rejected after which petitioner intimated her desire to apply for probation
instead. What should the courts ruling on the issue be?
A. The application for probation should be allowed because an offender is allowed to
exhaust all means to commute or lessen his sentence.
B. The application for probation should be allowed because it is the right of the offender to
apply for probation regardless of whether his appeal was rejected.
C. The application for probation should not be allowed because Falsification of Public
Documents is not an applicable crime for filing an application for probation.
D. The application for probation should not be allowed because it is a special privilege
granted by the state and allows an eligible convict to admit his guilt for this privilege.

22. Accused employee who was insolvent was convicted of a crime committed while in the
performance of his duties. Who is/are liable for the award of damages?
a. Only the employee
b. Only the employer
c. Both the employee and the employer (CORRECT Answer based on Art 103, RPC)
d. None of the above

23. A died during the pendency of his appeal for criminal conviction whose claim for civil
liability does not arise from a source of obligation other than delict. What is the effect of his
death on the case?
a. His criminal liability is extinguished
b. His civil liability is extinguished
c. Both his criminal and civil liabilities are extinguished (CORRECT Answer)
d. None of the Above

24. One, who at the time of his trial for one crime shall have been previously convicted by final
judgment of another crime embraced in the same title of the Revised Penal Code.

a. recidivism
b. habitual delinquency
c. reiteracion
d. quasi-recidivism

25. Ana visited her daughter Belen who worked as Caloys housemaid. Caloy was not at home
but Debbie, a casual visitor in the house, verbally maligned Belen in Anas presence. Irked, Ana
assaulted Debbie. Under the circumstances, dwelling is NOT regarded as aggravating because

(A) Dwelling did nothing to provoke Ana into assaulting Debbie.

(B) Caloy, the owner of the house, was not present.
(C) Debbie is not a dweller of the house.
(D) Belen, whom Debbie maligned, also dwells in the house.

26. Whenever more than 3 armed malefactors shall have acted together in the commission of a
crime.

a. Gang
b. conspiracy
c. band
d. Piracy

27. Deeply enraged by his wifes infidelity, the husband shot and killed her lover. The husband
subsequently surrendered to the police. How will the court appreciate the mitigating
circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary
surrender that the husband invoked and proved?

(A) It will appreciate passion or obfuscation and voluntary surrender as one mitigating
circumstance and vindication of a grave offense as another.
(B) It will appreciate all three mitigating circumstances separately.
(C) It will appreciate the three mitigating circumstances only as one.
(D) It will appreciate passion or obfuscation and vindication of a grave offense as just one
mitigating circumstance and voluntary surrender as another.

28. To mitigate his liability for inflicting physical injury to another, an accused with a physical
defect must prove that such defect restricted his freedom of action and understanding. This
proof is not required where the physical defect consists of

(A) a severed right hand.

(B) complete blindness.
(C) being deaf mute and dumb.
(D) a severed leg.