COURSE AUDIT 1&2 / CRIMNAL LAW 1 / BREVA D.C.

/ SET B / Page 1
17. It refers to inaction, by which a person may be considered
1. Which among the following is not a source of Philippine criminally liable when the law requires the performance of a certain
criminal law? act, e.g. failure to assist one’s own victim.
a. Act No. 3815 and its amendments a. Act c. Fraud
b. Special penal laws passed by the Phil. Commission, Phil. b. Intent d. Omission
Legislature, National Assembly, Batasang Pambansa, Phil. Assembly 18. It indicates a deficiency of action.
and the Congress of the Philippines. a. Negligence c. Lack of skill
c. Penal Presidential Decrees issued during Martial Law. b. Imprudence d. Lack of foresight
d. None of the above 19. It refers to deficiency of perception.
2. They are bodies of usages, principles and rules of action which a. Negligence c. Lack of skill
do not rest for their authority upon any declarative will of the b. Imprudence d. Lack of foresight
legislature. It is recognized in the United States and England but not 20. For an act to be considered to be done with Malice or dolo, which
recognized under Philippine jurisdiction. among the following must be present?
a. Penal laws c.Common Laws a. Freedom c. Intent
b. Special penal laws d. None of the foregoing b. Intelligence d. All of the foregoing
3. This deprives the accused of a crime some lawful protection to 21. Refers to that cause which in natural is a continuous sequence,
which he has become entitled. unbroken by any efficient superseding ground, produces the injury
a. Common law c. Ex-post facto law and without which the result would not have occurred.
b. Special law d. Bill of attainder a. Proximate cause c. Overt acts
4. The constitution expressly prohibits the passage of a bill of b. Intervening cause d. Active force
attainder primarily because: 22. It is the portion of the acts constituting the felony, starting from
a. It is a substitute, a legislative act for a judicial determination of the point where the offender begins the commission of the crime to
guilt the point where he has control over his acts.
b. It is unconstitutional a. Objective phase c. Overt acts
c. It is a violation of human rights b. Subjective phase d. Attempted felony
d. It encroaches upon the power of the. Judiciary by the Congress 23. Generally they are punishable only when they have been
5. They are not considered as a source of criminal law due to the consummated, with the exemption of those crimes committed against
fact that they merely explain the meaning of and apply the law as persons or property.
enacted by the legislature. a. Light felonies c. Grave felonies
a. Revised Penal Code c. Court decisions b. Less grave felonies d. All of the foregoing
b. Special Penal laws d. Executive orders 24. Self-defense or one’s natural instinct to repel, protect and save
6. It cannot be recovered as a matter of right; and is discretionary his person or right from impending peril or danger is an example of
upon the court to be part of the civil liability when a crime was what circumstance which affects criminal liability?
committed with one or more aggravating circumstances. a. Justifying c. Aggravating
a. Actual damages c. Moral damages b. Exempting d. Mitigating
b. Nominal damages d. Exemplary damages 25. A inflicted slight physical injuries to B without intention to inflict
7. Civil indemnity for death caused by crime. other injuries, B then attacked A is an example of?
a. 30,000 c. 100,000 a. Self-defense c. Retaliation
b. 50,000 d. 500,000 b. Intervening cause d. Proximate cause
8. When rape is committed and the victim was killed, the mandatory 26. The basis of this circumstance affecting criminal liability is the
civil indemnification shall be. complete absence of freedom of action, intelligence, intent or
a. 30,000 c. 100,000 negligence on the part of the accused.
b. 50,000 d. 500,000 a. Justifying c. Aggravating
9. In case of physical injuries it would consist in the payment of b. Exempting d. Mitigating
hospital bills and doctor’s fee of the offended party. 27. Under our laws, what is the age of full responsibility?
a. Restitution c. Indemnification a. 9 years and below of infancy
b. Reparation d. Civil liability b. Between 9 and 15 years
10. Which among the following may totally extinguish criminal c. 18 to 70 years of age (adolescence to maturity)
liability? d. Over 9 under 15 acting with discernment, 15 or over but less than
a. Absolute pardon c. Amnesty 18; over 70 years of age
b. Service of sentence d. All of these 28. Age of absolute irresponsibility.
11. It consists in the successive execution by the same individual of a. 9 years and below of infancy
different criminal acts upon any of which no conviction has yet been b. Between 9 and 15 years
made. c. 18 to 70 years of age (adolescence to maturity)
a. Plurality of crimes c. Complex crimes d. Over 9 under 15 acting with discernment, 15 or over but less than
b. Formal crimes d. None of the above 18; over 70 years of age
12. Jemma who induced Eric a friend to kill her husband’s mistress 29. Which among the following may be considered as an alternative
is criminally liable as: circumstance?
a. Principal c. Accomplice a. Relationship
b. Accessory d. None of the above b. Intoxication
13. In crimes against chastity this would be always aggravating. c. Degree of instruction and education of the offender
a. Degree of education c. Alcoholism d. All of the foregoing
b. Mental condition d. Relationship 30. X and Y stabbed Z, injuring the Z in the process, X and Y are
14. Its basis is the greater perversity of the offender as manifested considered as;
by personal circumstance of the offender and also by the means used a. Principal by direct participation
to secure the commission of the crime. b. Principal by induction
a. That advantage be taken by the offender of his public position. c. Principal by indispensable cooperation
b. That crime be committed in contempt of or with insult to the public d. Co- principals
authorities. 31. Boy forcibly took Maria to a vacant lot and allowed his friends
c. That act be committed with abuse of confidence or obvious Lando and Tinoy to rape Maria Boy is liable as;
ungratefulness a. Principal by direct participation
d. All of the above b. Principal by induction
15. It means adequate to excite a person to commit a wrong and c. Principal by indispensable cooperation
must accordingly be proportionate to its gravity. d. Co- principals
a. Self-defense c. Unlawful aggression 32. It refers to those penalties expressly imposed by the court in the
b. Sufficient provocation d. Necessity to prevent a wrong judgment of conviction.
16. Under this, crimes are not triable in that country unless they a. Principal penalties c. Subsidiary penalties
merely affect things within the vessel or they refer to the internal b. Accessory penalties d. Fine
management thereof.
a. French rule c. Law of preferential application
b. English rule d. Spanish rule
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33. In the crime of theft, the culprit is duty-bound to return the stolen 52. Things which are wrongful in their nature.
property. a. Evil c. Mala inse
a. Restitution b. Mala ince d. Mala prohibita
b. Reparation 53. Felonies punishable by death, reclusion perpetua and reclusion
c. Indemnification for consequential damages temporal shall prescribe in:
d. Civil liability a. 20 years c. 10 years
34. Crimes punishable by correctional penalties, except those b. 15 years d. 5 years
punishable by arresto mayor shall prescribe in how many years? 54. Acts and omissions punishable by law.
a. 20 years c. 10 years a. Dolo c. Felonies
b. 15 years d. 5 years b. Culpa d. Crime
35. It includes rivers, creeks, bays, gulfs, lakes, straits, coves lying 55. Ariel intending to kill Jiggs to avenged lost honor stabbed the
wholly within the three-mile limit of any nation. latter three times in the chest, however due to prompt medical
a. Maritime zone c. Low water mark attention Jiggs was able to survive the attack, Ariel is liable for:
b. Interior waters d. High seas a. Physical Injuries c. Frustrated Homicide
36. It makes criminal an act done before the passage of the law b. Attempted Homicide d. Frustrated Murder
which was innocent when done, and punishes it. 56. When all the elements necessary for the execution and
a. Ex post facto law c. Law on preferential application accomplishment of a felony are present it is said to be:
b. Bill of attainder d. Self-repealing laws a. Consummated c. Frustrated
37. Refers to one of three equal portions, called minimum, medium b. Attempted d. Negligence
and maximum of a divisible penalty. 57. It is a physical activity or deed, indicating the intention to commit
a. Degree c. Prescription a particular crime.
b. Period d. Duration a. Act c. Fault
38. Which among the foregoing is considered as the primary source b. Omission d. Overt act
of criminal law? 58. Abberatio ictus refers to:
a. Act No. 3815 c. Penal Presidential Decrees a. Mistake of the facts c. Mistake in the blow
b. Special Penal Laws d. Constitution b. Mistake in the identity d. Ignorance of the law
39. Those punishable by arresto mayor penalties shall prescribe in 59. What must be considered in determining whether the crime
how many years? committed is only attempted, frustrated or consummated?
a. 20 years c. 10 years a. Nature of the offense c. Manner of commission
b. 5 years d. 15 years b. Elements constituting the felony d. All of these
40. It is the forfeiture of the right of the state to execute the final 60. Refers to crimes consummated in one instant or by a single act.
sentence after a certain lapse of time. a. Formal crimes c. Rational crimes
a. Prescription of the crime c. Degree of the penalty b. Informal crimes d. Irrational crimes
b. Prescription of the penalty d. Period of the penalty 61. Refers to the obligation or suffering the consequences of crime.
41. It is that branch or division of law which defines crimes treats of a. Imputability c. Liability
their nature, and provide for their punishment. b. Culpability d. Responsibility
a. Civil law c. Procedural law 62. A quality in which an act may be ascribed to a person as the
b. Criminal law d. Substantive law author or owner.
42. Refers to a sentence of imprisonment for the maximum period a. Imputability c. Liability
defined by law subject to the termination by the parole board at any b. Culpability d. Responsibility
time after service of the sentence. 63. Refers to felonies which the law imposes penalties which are
a. Suspension c. Prescription correctional in nature.
b. Indeterminate sentence d. Period of penalty a. Grave c. Light
43. Refers to the purpose to use a particular means to effect such b. Less grave d. Serious
result. 64. When the law attaches capital punishment or afflictive penalties
a. Intent c. Deceit the felony is said to be?
b. Motive d. Fault a. Grave c. Light
44. John commences with the execution of a felony but fails to b. Less grave d. Slight
perform all acts which should produce it, the development or stage 65. Infractions to the law punishable by arresto menor or a fine not
refers to: exceeding 200 pesos or both.
a. Consummated c. Frustrated a. Grave c. Light
b. Attempted d. Negligence b. Less grave d. Slight
45. Any bodily movement that tends to produce some effect in the 66. Light felonies are made punishable only when they are:
external world. a. Consummated c. Frustrated
a. Act c. Dolo b. Attempted d. Intended
b. Omission d. Culpa 67. Exemption to the general rule in cases of light felonies.
46. Libel and other similar offenses shall prescribe in how many a. When committed against persons
years? b. When committed against chastity
a. 15 years c. 5 years c. When committed against honor
b. 10 years d. 1 year d. When committed against liberty
47. An entire penalty enumerated in the graduated scale of 68. It exists when two or more persons come to an agreement to
penalties. commit a felony.
a. Degree c. Prescription a. Plan c. Piracy
b. Period d. Duration b. Conspiracy d. Proposal
48. Refers generally to acts made criminal by special laws. 69. What occurs when a person who has decided to commit a felony
a. Felony c. Mala inse recommends its execution to some other person?
b. Mala ince d. Mala prohibita a. Conspiracy c. Proposal
49. Under RA 7659, the death penalty may be suspended when the b. Piracy d. None of the above
accused is among the foregoing: except: 70. Acts of a person which are said to be in accordance with the law,
a. A woman while pregnant so that such person is deemed not to have transgressed the law and
b. Persons over 70 years old is free from both criminal and civil liability except for state of
c. Woman within one year after delivery necessity.
d. Persons over 18 but under 21 years of age a. Justifying circumstances c. Exempting circumstances
50. Which among the foregoing is not a requisite for Dolo? b. Mitigating circumstances d. Aggravating circumstances
a. Intelligence c. Intent 71. Equivalent to assault or at least threatened assault of an
b. Freedom d. Deceit immediate nature.
51. Refers to the loss of the right of the state to prosecute the a. Intent c. Dolo
offender after a certain lapse of time. b. Culpa d. Unlawful aggression
a. Prescription of the crime c. Degree of the penalty
b. Prescription of the penalty d. Period of the penalty
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72. The following are the requisites for self-defense, except: 89. Which among the following is not among the requisites of evident
a. Unlawful aggression premeditation?
b. Reasonable necessity of the means employed to prevent or repel it a. Sufficient lapse of time
b. Lack of sufficient provocation on the part of the person b. Time when the offender decided to commit the felony
defending himself c. Act indicating the has clung to his determination
c. Lack of intent on the part of the person defending himself d. Deliberate intent
73. What crime exists when a single act constitutes two or more 90. It involves trickery and cunning on the part of the offender.
grave or less grave felonies? a. Craft c. Fault
a. Complex c. Composite b. Deceit d. Intent
b. Continuing d. Compound 91. Gloria lends Nany a bolo which was used in the murder of Mike is
74. Who among the following are not exempted from criminal liable as an:
liability? a. Principal c. Accomplice
a. Children under 9 years of age b. Accessory d. Conspirator
b. Insane persons 92. Persons who aide the felons to hide away evidences or profit
c. Children over 9 under 15 years of age acting with discernment from the fruits of the crime are said to be:
d. Imbecile persons a. Principals c. Accomplices
75. Refers to desired acts of a person to commit a crime. b. Accessories d. Conspirators
a. Motive c. Fault 93. The following are exempt from criminal liability as accessories in
b. Intent d. Deceit cases that the principal should be the foregoing relatives except:
76. Those circumstances which if attendant to the commission of the a. Spouse c. Descendant
crime would serve to lower the penalty to a lesser degree. b. Ascendant d. Cousins
a. Justifying c. Mitigating 94. Capital punishment or maximum penalty imposed by law.
b. Exempting d. Aggravating a. Reclusion Perpetua c. Arresto mayor
77. An aggravating circumstance which generally apply to all crimes b. Reclusion temporal d. Death by lethal injection
such as dwelling, nighttime or recidivism. 95. Refers to alevosia, or means and methods employed to insure its
a. Generic c. Qualifying execution.
b. Specific d. Inherent a. Craft c. Intent
78. Refers to occurrences which happen beyond the sway of man’s b. Deceit d. Treachery
will. 96. It pertains to moral order, adding disgrace to the material injury
a. Nature c. Events caused by the crime.
b. Accidents d. Phenomenon a. Craft c. Ignominy
79. Boy a policeman persuades Allan to commit a felony, he arrested b. Treachery d. Evident premeditation
the latter after its execution is committing. 97. The following circumstances are always mitigated in terms of
a. Instigation c. Conspiracy alternative circumstances, except:
b. Entrapment d. Proposal a. Low degree of education
80. Refers to circumstances which if attendant in the commission of b. Intoxication wherein the drunk person has not intended it or not
a crime serve to increase the penalty, without however exceeding the a habitual drunkard
maximum of the penalty provided by law for the offense. c. Relationship in crimes against property
a. Justifying c. Mitigating d. Relationship in crimes against persons
b. Exempting d. Aggravating 98. Poly stabbing Army is considered as a:
81. They are aggravating circumstances which change the nature of a. Principal c. Accomplice
the crime, e.g. homicide to murder in case of treachery. b. Accessory d. Instigator
a. Generic c. Qualifying 99. Emil persuades Jude to steal from his boss is a principal by:
b. Specific d. Inherent a. Direct participation c. Indispensable cooperation
82. Refers to aggravating circumstance which applies only to b. Induction d. Instigation
particular crimes. 100. Which in the following enumeration is an example of an afflictive
a. Generic c. Qualifying penalty?
b. Specific d. Inherent a. Fine c. Distierro
83. An aggravating circumstance which come in the commission of b. Arresto mayor d. Prision mayor
the crime.
a. Generic c. Qualifying
b. Specific d. Inherent
84. Refers to a building or structure exclusively used for rest or
comfort.
a. House c. Dwelling
b. Home d. All of the above
85. Whenever more than three armed malefactors shall have acted
together in the commission of an offense it is deemed to have been
committed by:
a. Group c. Band
b. Brigands d. Team
86. Refers to a person who at the time of his trial for one crime shall
have been previously convicted by final judgment of another crime
embraced in the same title of the RPC.
a. Delinquent c. Recidivist
b. Habitual delinquent d. Offender
87. A person who has within a period of 10 years from the date of
release or last conviction is said to have been found guilty of the same
offense particularly those of physical injuries, estafa, theft and
robbery is considered as a:
a. Recidivist c. Habitual delinquent
b. Delinquent d. Quasi-recidivist
88. Any person who shall commit a felony while serving his sentence
with a previous conviction is classified as a :
a. Recidivist c. Habitual delinquent
b. Delinquent d. Quasi-recidivist