CRIMINAL LAW I (32 HRS)

ATTY GREGORIO A PUA (Instructor)

I. TRUE OR FALSE. Answer TRUE if the statement is true or FALSE if the statement is false. No
need to explain. Repeat you are not required to explain further your answer.
________ 1. Rights of an accused, which are considered personal, may be
waived (by such accused). TRUE.ok
________ 2. Felonies are acts and omissions punishable by special penal laws.
FALSE.ok
________ 3. A crime may be committed even without criminal intent.TRUE.ok
________ 4. While ignorance of the law excuses no one from compliance
therewith, ignorance or mistake of fact relieves the accused from criminal
liability. FALSE.ok
________ 5. Good faith and absence of criminal intent are valid defenses in
crimes punished by special penal laws.TRUE
________ 6. Motive must at all times be proved for purposes of conviction.
FALSE.ok
________ 7.
If the crime is not produced because the offender himself
prevented its consummations, there is no frustrated felony. TRUE.ok
________ 8. Except when the law specifically provides a penalty therefore,
conspiracy to commit a crime is not a crime. TRUE.ok
________ 9. Generally, aggravating circumstances cannot be appreciated in
offenses punishable by special penal laws. TRUE.ok
________ 10. A subordinate is criminally liable for carrying out an illegal order of
his superior even if he (the subordinate) is not aware of the illegibility of the
order and he is not negligent. FALSE.ok. he must acts in obedience for some
lawful purpose.
________ 11. Entrapment is an absolutory cause while instigation is not. TRUE,ok
________ 12. In treachery, it makes no difference whether or not the victim was
the same person whom the accused intended to kill. TRUE.ok
________ 13. Corporations being juridical persons can be active subject of crime.
FALSE.ok
________ 14. Conspiracy is implied when the accused had a common purpose
and were united in its execution. TRUE.ok
________ 15. The principal by induction becomes liable only when the principal
by direct participation committed the act induces. TRUE
________ 16. Conviction of an accessory is possible notwithstanding the acquittal
of the principal. FALSE.should be true
MULTIPLE CHOICE. Read and analyze each item carefully then choose the best answer
from choices given. Write the letter of your choice on the space provided before each item.

____C____ 1. Alex, with intent to gain, went inside the house of Ricky and took a watch that

turned out to be his own which he had earlier lost to a pickpocket. What crime, if
theres any, was committed?
a. Robbery
c. Impossible Crime
b. Trespass to dwelling
d. Theft
Criminal liability can be incurred by any person who perform an act which
would be an offense against persons or property, were it not for the inherent
impossibility of its accomplishment.
____A_____ 2. Lando and Mickey, with intent to kill, planned the death of Rico. The two (2)

bought a gun and surveyed the place where Rico was living. While the two were on
their way to Ricos house to kill him, they were apprehended by the police. What
crime, if any was committed?
a. Attempted Murder

c. No Crime

b. Attempted Homicide
d. Grave Threats
Commences all the acts but does not perform it by reason of some cause
other other their spontaneous desistance, that is the intervention of the police.

____A_____ 3. Philippine Penal Laws cannot be applied to the following persons, except:

a. A US Military personnel who committed frustrated murder against US

Military personnel
b. A Chinese Ambassador to the Philippines who committed the crime of
rape against a Filipina
c. Filipino Citizen who committed robbery at the Canadian Embassy in the
Philippines
d. A Japanese crew who committed the crime of homicide against another
crew on board a Japanese merchant vessel while in the Philippine
territorial waters
_____C____ 4. May instigation be considered as an exempting circumstance?

a. Yes, if the instigator is a private person who induces another to commit a

crime
b. Yes, provided that the instigator is a peace officer who induces an innocent
person to commit a crime and thereafter arrests him
c. No, since instigation is always illegal
d. No, it may only be considered as a mitigating circumstance and not
exempting
______A___ 5. Omar and Sarah, a married couple both of Philippine citizenship, was on a

cruise touring Asia on board a Philippine registered Super Ferry. While the ship
was in the territorial waters of Saipan, Omar and Sarah had a huge fight, causing
the former to kill the latter. Can Omar be criminally charged in the Philippines?
a. Yes, because under Art 2 of the Revised Penal Code, the provisions of the
Code are still applicable to any person who shall commit an offense on a
Philippine ship
b. No, because the offense was not committed in the Philippines
c. No, because while the offense was committed on a Philippine ship, the
same was already within the territorial waters of Saipan
d. Yes, since the boat was registered in the Philippines
_____D____ 6. Under Art. 15 of the Revised Penal Code, when will intoxication be considered

as an aggravating circumstance?
a.
b.
c.
d.

If intoxication is not habitual or subsequent to the plan to commit felony

If intoxication is not habitual or precedent to the plan to commit felony
If intoxication is habitual or subsequent to the plan to commit felony
If intoxication is habitual or precedent to the plan to commit felony

_____B____ 7. As a general rule, motive is not an element of a crime to be provided for the

conviction of the accused. However, since motive may supply the desired judicial
perspective in a given case, proof of motive is relevant in the following instances,
except:
a.
b.
c.
d.

To determine the voluntariness of the criminal act

To determine the sanity of the accused
Where the identity of the assailant is not in question
To establish intent of the part of the accused

_____A____ 8. The alternative circumstance of relationship will be taken into consideration,

except between:

a. Uncle and Nephew

b. Stepmother and Stepdaughter

c. Brother and adopted sister

d. Father-in-law and Son-in-law

_____A____ 9. Manny has a long time physically and mentally tortured his wife. After an episode

of beating his wife, Abby, took a bolo and hacked his husband to death. The
accused Abby may invoke:
a.
b.
c.
d.

Complete self-defense
Incomplete self-defense
Vindication of grave offense, a mitigating circumstance
Passion or obfuscation, a mitigating circumstance

_____D____ 10. Which of the following interrupts the prescription of penalty?

a. Mere absence of the accused from the Philippines

b. Absence from the Philippines and going to some foreign country with
which Government has an extradition treaty
c. Absence from the Philippines and going to some foreign country with
which Government has no extradition treaty
d. Commission of another crime after expiration of the period
_____A____ 11. Jessica, a married woman suggested to Mike her paramour that he kill her

husband Johny in order that thereafter they might live together freely. Mike,
acting upon these suggestions killed Johny. Which of the following statement is
correct?
a. Jessica is liable as principal by inducement because her proposition was
the determining cause of the commission of the crime by Mike
b. Jessica is not liable as principal by inducement because an imprudent and
ill-conceived advice is not sufficient to induce Mike to kill her husband
c. Jessica is liable as principal by indispensable cooperation because there
was anterior conspiracy for the commission of the crime
d. Jessica is not liable for any offense as conspiracy is not present in the
case
____D_____ 12. Clemente, with intent to kill Ruben, took a bolo and waited for the latter in a

dark alley where he used to pass going home. When he saw Ruben coming,
Clemente stabbed him at the back causing Ruben serious injury. Ruben refused
to submit himself to surgical operation. As a consequence, he died of tetanus
infection a few days later. Is Clemente liable for the death of Ruben?
a. Yes. He is liable for the death of Ruben because there was intent to kill.
b. Yes. He is liable for the direct, natural logical consequence of the felony
committed
c. No. he is not liable for Ruben did not submit himself to surgical operation
d. No. he is not liable because tetanus infection is an efficient intervening
cause.
____C_____ 13. Lorena stole Marissas earrings and her mother Lorna pawned them as a

pledge for her debt. Lorna claimed that she is exempt from criminal liability under
Art. 20 of the Revised Penal Code. Will Lornas contention prosper?
a.
b.
c.
d.

Yes, because she is Lorenas mother

Yes, because she took no part in stealing the earrings
No, because she assisted in obtaining profit from the theft
No because she is liable as an accessory under Anti-Fencing Law

_____D____ 14. Raul was charged with violation of a municipal ordinance in that he constructed

dikes in navigable waterways of the public domain without authorization from the
DPWH. The dikes were constructed in 1999 while the case was filed in 2007.
Choose the correct statement:

a. The crime was already prescribed because the case was filed eight (8)
years after the dikes were constructed
b. The crime has already prescribed because municipal ordinances prescribe
in two (2) months
c. The Crime did not prescribe because it is a continuing crime
d. The crime did not prescribe because it was found out only in 2007
_____D____ 15. Early in the morning, Romeo entered the yard of his cousin Mamertos house.

He took two (2) game roosters which were in the yard, one with colored plumage
valued at
P1,200 belonging to Mamerto, and the other with white plumage
and black spots, valued at P1,500 belonging to Claro. If you were the prosecutor,
what crime would you charge Romeo with?
a. I would charge Romeo with two (2) counts of theft of Mamertos rooster
and the other that of Claro
b. I would charge Romeo with one (1) count of Theft as he is impelled byu
single criminal impulse
c. I would charge Romeo with Robbery with force upon things under 299 of
the Revised Penal Code
d. I would charge Romeo with qualified theft as he abused Mamartos
confidence
_____B____ 16. On February 16, 2012 at 10 PM, Lodovico and Arnolfo enetered Corazons

house, poked a gun against her and robbed her of her P20,000 cash and
jewelries. After taking her properties, they killed her. The attendant aggravating
circumstances in this case are the following except:
a. Night time
b. Dwelling

c. Abuse of superior strength

d. Disregard of sex

_____D____ 17. During a barrio fiesta, while tong-its was being played, Ryan, believing that Rex

was keeping the tong collections, asked him for some money. Rex turned-down
the request, saying that he was not the tong collectorand keeper, Ryan boxed
him. The same evening during a dance, Ryan also boxed Bryan, a former soldier.
Two weeks thereafter, Bryan, carrying a carbine, invited Rex to accompany him
to look for Ryan to avenge the wrong injury he had committed against the two of
them during the barrio fiesta and dance. They found Ryan lying stretched on a
bench inside davids house. When Ryan was on the stairs and about to step on
the ground, Bryan fired his carbine, the bullet piercing his two arms as well as the
chest. Ryan collapsed to the ground and Bryan fired a second shot again hitting
him in the lower part of the trunk and fracturing the sacral bone, Ryan died
almost instantly. If you were Bryans counsel, what mitigating circumstance will
you interpose?
a. Passion or Obfuscation
b. Vindication of Grave Offense

c. Provocation
d. No mitigating circumstance is present

_____D____ 18. To be a conspirator,

a.
b.
c.
d.

Accused need to participate in every detail of the execution

Accused need to take part in every act
Accused need to know the exact part to be performed by the others
Each conspirator may be assigned separate, different and unrelated tasks

_____B____ 19. Insanity presupposes that the accused was

a. Completely deprived of reason or discernment and freedom of will at the

time of the commission of the crime
b. Complete deprived of intelligence before the time of the commission of the
crime
c. Partially deprived of reason of discernment and freedom of will at the time
of the commission of the crime

d. Partially deprived of reason of intelligence at the time of the commission of

the crime
____B_____ 20.The aggravating circumstance of abuse of superior strength is considered,

whenever:
a. There is inequality of forces between the victim and the aggressor that is
not plainly and obviously advantageous to the aggressor
b. There is inequality of forces between the victim and the aggressor
purposely selected or taken advantage of to facilitate the commission of
the crime
c. The aggressor unintentionally used excessive force that is out of
proportion to the means of defense and available to the person attacked
d. The aggressor purposely used excessive force that is in proportion to the
means of defense available to the person attacked
_____B____ 21. In order that alevosia may be considered as a qualifying circumstance to raise

the classification of the crime, or as an aggravating circumstance to augment the

penalty
a. It must be shown that the treacherous acts were present and preceded the
commencement of the attack which caused the injury complained of
b. It must be shown that the treacherous acts were present and followed the
commencement of the attack which caused the injury complained of
c. It must be shown that the treacherous acts were absent and preceded the
commencement of the attack which caused the injury complained of
d. It must be shown that the treacherous acts were absent and followed the
commencement of the attack which caused the injury complained of
_____B____ 22. Cruelty is inherent in

a. Crimes against persons

b. Mutilation

c. Crime against honor

d. Crimes against national security

_____A____ 23. The following statements are true except:

a. One cannot be held guilty of having instigated the commission of the crime
without first being shown that the crime was actually committed or
attempted by another
b. There can be a principal by inducement or by indispensable cooperation
even there is no principal by direct participation
c. There can be a principal by direct participation without a principal by
inducement or by indispensable cooperation
d. The inducement must be the determining cause of the commission of the
crime by the principal by direct participation that is without such
inducement the crime would not have been committed
____A_____ 24. A, a public officer with abuse of his public function, concealed B after he was

charged with slight physical injuries. Is a criminally liable as an accessory?

a. Yes. A public officer with of his abuse of his public function is liable if he
conceals a person who has committed any crime
b. No. In order for a public officer to be liable as an accessory, the crime
committed by the person harbored or concealed must be those specified
under Art 19
c. Yes. A person who conceals, harbors or assists the escape of another is
liable as an accessory
d. No. in light felonies there can be no accessory. This is one of the
absolutory causes
_____C____ 25. This arises from the same criminal intent or resolution carried out by a

continued series of acts resulting in the repetition of the same crime although
affecting the same or different victims, and resulting in one criminal liability
a. Complex Crime

c. Continuing Crime

b. Transnational Crime

d. Formal Plurality

_____C____ 26. The alternative circumstance of relationship shall NOT be considered between:

a.
b.
c.
d.

Mother-in-law and daughter-in-law

Adopted son and legitimate natural daughter
Aunt and nephew
Stepfather and stepson

_____A____ 27. Arthur, Ben and Cesar quarreled with Glenn while they were at the latters

house. Enraged, Arthur repeatedly stabbed Glenn while Ben and Cesar pinned
his arms. What aggravating circumstance, if any, attended by the killing of
Glenn?
a. Evident premeditation
b. None

c. Abuse of superior strength

d. Treachery

_____B____ 28. The presence of mitigating circumstance in a crime

a. Increases the penalty to its maximum period

b. Changes the gravity of the offense
c. Affects the impossible penalty depending
circumstances
d. Automatically reduces the penalty

on

other

modifying

____B_____ 29. He is an accomplice who:

a. Agreed to serve as a lookout after his companions decided to murder the

victim
b. Watched quietly as the murderer stabbed his victim
c. Helped the murderer find the victim who was hiding to avoid detection
d. Provided no help, which he can to save the victim from dying
____B_____ 30. Principles of public international law exempt certain individuals from the

Generality characteristics of criminal law. Who among the following are NOT
exempt from the Generality rule?
a. Ministers Resident
b. Commercial Attach of foreign country

c. Ambassador
d. Chief of Mission

_____B____ 31. A special complex crime is a composite crime:

a.
b.
c.
d.

Made up of 2 or more crimes defined in the Penal Code

With its own definition and special penalty provided by the Penal Code
With its own definition and special penalty provided by a special penal law
Made up of 2 or more crimes defined in the Penal Code and special penal
laws

____C_____ 32. What court has jurisdiction when an Indonesian Crew murders the Filipino

captain on board a vessel of Russian registry while the vessel is anchored

outside the breakwaters of the Manila Bay?
a. The Indonesian Court
b. The Russian Court

c. The Philippine Court

d. Any court that first asserts jurisdiction
over the case

_____B____ 33. X intending to kill Y, a store owner, fired at Y from the street, but the shot killed

not only Y but also Z who was in the store. As a cause of aberration ictus, it is
punishable as a
a. Complex Crime Proper
b. Special Complex Crime

c. Continuing Crime
d. Compound Crime

_____D____ 34. A proposal to commit a felony is punishable only when the law specifically

provides a penalty for it as in the case of proposal to commit

a. Rebellion

c. Espionage

b. Sedition

d. Highway Robbery

_________ 35. Zeno and Primo asked Bert to give them a Sketch of the location of Andys

house since they wanted to kill him. Bert agreed and drew them the sketch. Zeno
and Primo drove to the place and killed Andy. What crime did Bert commit?
a.
b.
c.
d.

Accomplice to murder since his cooperation was minimal

Accessory to murder since his map facilitated the escape of the two
None, since he took no step to take part in executing the crime
Principal to murder, since he acted in conspiracy with Zeno and Primo

_________ 36. The police officer in civilian clothes asked X where he can buy shabu. X

responded by asking the officer how much of the drug he needed. When he told
him, X left, returned after a few minutes with the shabu, gave it to the office and
took his money. X is :
a.
b.
c.
d.

Liable for selling since the police operation was a valid entrapment
Not liable for selling since the police operation was an invalid entrapment
Liable for selling since the operation was a valid form of instigation
Not liable since the police operation was an invalid instigation

_________ 37. The prescriptive period for bigamy is 15 years counted from the date of the:

a.
b.
c.
d.

Discovery of the second marriage by the offended spouse

Registration of the second marriage in the Local Civil Registry
Celebration of Solemnization of the second marriage
Discovery of the second marriage by the authorities

_________ 38. After properly waiving his Miranda rights, the offender led the police to where he

buried the gun he used in shooting the victim. How does this affect his liability?
a. This serves as an analogous mitigating circumstance of voluntary
surrender
b. It has no effect at all since the law provides none
c. He is considered to have confessed to murder
d. This serves as aggravating circumstance of concealment of weapon
_________ 39. A qualifying aggravating circumstance

a. Changes the description and the nature of the offense

b. Increases the penalty to its next degree but absorbs all the aggravating
circumstances
c. Raises the penalty by two periods higher
d. Is one which applies only in conjunction with another aggravating
circumstance
_________ 40. X inflicted serious injuries on Y. because of delay in providing medical treatment

to Y, he died. Is Y criminally liable for the death of Y?

a. Yes, because the delay did not break the causal connection between Xs
felonious act and the injuries sustained by Y
b. Yes, because any intervening cause between the infliction of injury and
death is immaterial
c. No, because the infliction of injury was not the immediate cause of the
death
d. No, because the delay in the administration of the medical treatment was
an intervening cause
_________ 41. In an attempted felony, the offenders preparatory act

a.
b.
c.
d.

Itself constitutes an offense

Must seem connected to the intended crime
Must not be connected to the intended crime
Requires another act to result in a felony

_________ 42. X inflicted violent kicks on vital parts of Es body. E nevertheless was able to flee

for fear of his life. Refusing to undergo treatment for his injuries. E died 3 days
later. Is X liable for Es death?
a.
b.
c.
d.

No, since kicks on the body cannot cause death

No, since it took too long for death to occur
Yes, since E cannot be compelled to undergo medical treatment
Yes, since it was a natural result of the injuries X inflicted on E

_________ 43. When a penal law is absolutely repealed such that the offense is decriminalized

a pending case charging the accused of the repealed crime is to be:

a.
b.
c.
d.

Prosecuted still since the charge was valid when filed

Dismissed without any precondition
Dismissed provided the accused is not a habitual delinquent
Prosecuted still since the offended party has a vested interest in the
repealed law

_________ 44. A crime resulting from negligence, reckless imprudence, lack of foresight or lack

of skill is called:
a. Dolo
b. Culpa

c. Tortious crimes
d. Quasi delict

_________ 45. A child in conflict with the law shall enjoy all the rights of a child until:

a.
b.
c.
d.

He is found to have acted with discernment

His minority is set off by some aggravating circumstance
He is proved to be 18 years or older
He forfeits such rights by gross misconduct and immorality

_________ 46. W allowed a man to have sex with her thinking that he was her husband. After

realizing that the man was not her husband, W stabbed him to death. Under the
circumstances, the mitigating circumstance in attendance constitutes:
a.
b.
c.
d.

Defense of honor
Immediate vindication of a grave offense
Passion or obfuscation
Self-defense

_________ 47. Which of the following crimes is an exception to the Territorial Rule in Criminal

Law?
a.
b.
c.
d.

Violation of the Trademark Law committed by an alien in the Philippines

Forgery of US bank notes committed in the Philippines
Crime committed by a Filipino in the disputed Spratlys Island
Plunder committed at his place of assignment abroad by a Philippine
Public Officer

_________ 48. When committed outside the Philippine territory, our courts DO NOT have

jurisdiction over the crime of

a. Treason
b. Piracy

c. Espionage
d. Rebellion

_________ 49. Motive is generally IMMATERIAL in determining criminal liability EXCEPT when:

a. Several offenders committed the crime but the court wants to ascertain
which of them acted as leader
b. The evidence of the crime consists of both direct and circumstantial
evidence
c. Ascertaining the degree of penalty that may be imposed on the offender
d. The evidence of guilt of the accused is circumstantial

_________ 50. Three men gave Arnold first blows and kicks causing him to fail. As they

surrounded and continued hitting him, he grabbed a knife he had in his pocket
and stabbed one of the men straight to the heart. What crime did Arnold
commit?
a. Homicide with incomplete self-defense, since he could have run from his
aggressors
b. Homicide, since he knew that stabbing a person in the heart is fatal
c. Homicide mitigated by incomplete self-defense since stabbing a person to
the heart is excessive
d. No crime since he needed to repel the aggression employing reasonable
means for doing so
_________ 51. The aggravating circumstance of uninhabited place is aggravating in murder

committed:
a.
b.
c.
d.

On a banca far out at sea

In a house located in cul de sac
In a dark alley in Tondo
In a partly occupied condominium building

_________ 52. Without meaning anything, Z happened to stare into the eye of one of four men

hanging out by a store which he passed. Taking offense, the four mauled and
robbed him of his wages. Z went home, took a knife and stabbed one of his
attackers to death. Charged with murder, Z may raise the mitigating circumstance
of:
a.
b.
c.
d.

Praeter intentionem
Incomplete self-defense preceded by undue provocation
Passion or obfuscation
Complete self-defense

_________ 53. 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.
b.
c.
d.

Dwelling did nothing to provoke Ana into assaulting Debbie

Caloy, owner of the house was not present
Debbie is not a dweller of the house
Belen, whom Debbie maligned also dwells in the house

_________ 54. A private person who assists the escape of a person who committed robbery

shall be liable
a.
b.
c.
d.

As a principal to the crime of robbery

As an accessory to the crime of robbery
As a principal to the crime of obstruction of justice
As an accessory to the crime of obstruction of justice

_________ 55. To save himself from crashing into an unlighted truck abandoned on the road,

Jose swerved his car to the right towards the graveled shoulder, killing two
bystanders. Is he entitled to the justifying circumstance of state of necessity?
a. No, because the bystanders had nothing to do with the abandoned truck
on the road
b. No, because the injury done is greater than the evil to be avoided
c. Yes, since the instinct of self-preservation takes priority in an emergency
d. Yes, since the bystanders should have kept off the shoulder of the road
_________ 56. 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 circumstance of (1) Passion or Obfuscation, (2) vindication of a
grave offense and (3) 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 the three mitigating circumstance separately
c. It will appreciate the three mitigating circumstances only as one
d. It will appreciate passion or obfuscation and vindication of a grace offense
as just one mitigating circumstance and voluntary surrender as another
_________ 57. X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died

as a consequence. Under the circumstances:

a. X cannot plead praetor intentionem since the intent to kill is presumed
from the killing of the victim
b. X may plead praetor intentionem since he intended only to scare, not to
kill Z
c. Z may plead abberatio ictus as he had no intention to hit Z
d. X may plead commission of only Discharge of Firearm as he had no intent
to kill Z when he fired his gun