MOCK BAR EXAMINATION QUESTIONS IN country to which it belongs and it is not subject to the laws

CRIMINAL LAW of another state.

d. The Philippines Courts have jurisdiction to try continuing
1. Which of the following has the power to define and punish crime? crimes committed in a vessel sailing from a foreign port
into Philippines waters, even if the crimes are not
a. The legislative punishable in the foreign country were the vessel comes
b. The Chief Executive from the crimes are punishable under Philippine laws.
c. The Supreme Court
d. Sandiganbayan 5. When does the repeal of penal law not extinguish crime?
e. Trial Courts
a. The repeal of a law under which there is pending case
2. Which of the following is not a limitation on the power of the against the accused at the time of repeal.
legislative to enact penal laws? b. The repealing law wholly fails to penalize the acts defined
and penalized in the repealing law.
a. Prohibition against Bill of Attainders or Ex-post facto law. c. Implied repeal or repeal by re-enactment.
b. Equal Protection of the law
c. Prohibition against cruel, degrading, or inhuman 6. An escaped prisoner, then armed with a bamboo lance, was asked
punishment or imposition of excessive fines. by a policeman to surrender, refused to do so and instead
d. Abridgment of the obligation of contract. answered the latter with a stroke of his lance, the policeman in
pursuing the prisoner fired his revolver and caused the death of
3. Which of the following is not a characteristic of penal law? the prisoner, Is the act of the policeman on resorting to extreme
means will always be justified?
a. Generality a. Yes, since an arresting officer is required to act within the
b. Territoriality performance of his duty, he must stand his ground and
c. Prospectivity cannot, like a private individual, take refuge in fight, his
d. Retroactivity when favorable to accused duty requires to overcome his opponent:
b. No, it was provided under the Rule of Court that no violence
e. Adjective or Remedial or unnecessary force shall be used in making an arrest.
Such provision accepts no exception:
4. Which rule on jurisdiction over crimes committed on foreign c. It depends, the reasonableness of the force employed by
vessels while on Philippine waters is not followed in the the arresting officer must be adjudged in the light of the
Philippines? circumstances as they appeared to the officer at the time
he acted, and the means is generally considered to that
a. The French Rule The crimes are not triable in the which an ordinary prudent and intelligent person with the
Philippines unless the crimes affect the peace and security, knowledge would have deemed necessary under the
or safety of the Philippines is endangered. circumstances.
b. The Anglo-American Rule or the English Rule the crimes 7. Which of the following is not a source of criminal law?
are triable in the Philippines unless the crimes affect
merely the internal management of the vessel. a. The Constitution
c. If the foreign vessel is a warship, Philippines Courts have b. Acts of legislature
no jurisdiction because a warship is an extension of the
 c. Presidential Decrees and Executive Orders issued by 11. Which of the following is not a punishable conspiracy?
Marcos during Martial Law, and by Cory Aquino during her
Revolutionary Government. a. Conspiracy to commit treason
d. Implementing rules and regulations providing a penalty as b. Conspiracy to commit rebellion
authorized by the basic law. c. Conspiracy to commit coup d etat
d. Conspiracy to commit murder
8. Which of the following is an absolutory cause? e. Conspiracy to commit sedition
f. Monopolies and combination in restraint of trade
a. Aberratio ictus
b. Praeter intentionem 12. Which of the following is not a justifying circumstances?
c. Mistake of fact
d. Proximate cause a. Self-defense
e. Error in persona b. Defense of property
f. Impossible crime c. Defense of honor
d. Defense of relatives
9. Which of the following is a crime malum in se? e. Accident
f. Avoidance of greater evil or injury
a. Offenses punished by the Revised Election Code, a g. Battered woman syndrome
special law, for the omission or failure to include a voters h. Defense of strangers
name in the in the registry list of voters.
b. Illegal possession of firearms
c. Violation of BP 22 for issuing a bouncing check
d. Offenses defined and punished by the Revised Penal
Code. 13. Which of the following is not an exempting circumstances?
e. Carnapping Law
f. Dangerous Drugs Law a. Imbecility
b. Insanity
10. The Revised Penal Code (RPC) belongs to the Classical Theory c. Insuperable cause
the main purpose is retribution under a system where gravity of d. Minor exactly 9 years old at the time of the commission of the
the penalty is proportionate to the gravity of the crime committed, offense
However, there are some articles in the RPC that are positivistic in e. Entrapment
orientation intended to curb the dreadful and dangerous f. Irresistible force
tendencies of the individual. Which of the following articles in the g. Impulse of Uncontrollable fear
RPC does not pertain to the Positivist School? h. Instigation
i. Accident
a. Article 4, RPC impossible crimes
b. Article 13, paragraph 7, RPC on the mitigating 14. Which of the following is not ordinary mitigating circumstances?
circumstances of voluntary surrender and plea of guilty.
c. Article 11, paragraph 1, RPC on self-defense a. Incomplete self-defense, incomplete defense of relatives and
d. Three fold rule strangers
e. Extenuating and absolutory causes b. Illness that diminishes the exercise of will power
c. Lack of intent to commit so grave a wrong
d. Sufficient provocation 18. Which of the following aggravating circumstances may not be
e. Immediate (proximate) vindication of a grave offense appreciated in crimes against persons?
f. Passion or obfuscation a. Evident premeditation
g. Voluntary surrender b. Treachery
h. Voluntary plea of guilty c. Abuse of Superior Strength
i. Confession of guilt d. Means employed to weaken the defense
j. Being deaf and dump or blind e. Abused of official position
f. Ignominy
15. Which of the following is not a privileged mitigating g. Cruelty
circumstances? h. Price, Reward or promise
i. Dwelling
a. Incomplete self-defense, incomplete defense of relatives j. Fraud, craft and disguise
and strangers
b. The Offender is 18 years old 19. Which of the following aggravating circumstances does not qualify
c. Schizoprenia the killing of homicide to murder?
d. Article 255, RPC concealment of honor of the mother in
infanticide a. Evident premeditation
e. Article 268, RPC - voluntary release of a person detained b. Price, Reward or Promise
within 3 days without the accused attaining his purpose c. Treachery
and before institution of criminal action. d. Use of Poison
f. Article 333, RPC unjustified abandonment of the spouse e. Dwelling, Nightime and sex of offended
in the crime of adultery f. Use of motor vehicle
g. Use of Explosion
16. Insult may not be appreciated as a requisite for:
20. Which of the following is not an alternative circumstance?
a. Unlawful aggression in self defense and defense of relatives
and strangers a. Relationship
b. Passion and obfuscation as a mitigating circumstance b. Age
c. Vindication of a Grave offense as a mitigating circumstance c. Intoxication
d. Sufficient provocation as a mitigating circumstance d. Degree of Instruction and education of the offender
e. All of the above
17. In the following aggravating circumstances, it is not necessary that
there is performance of official duties or functions at the time of 21. Which among the following is not included in civil interdiction
the commission of the offense: criminally liable for felonies?

a. Taking advantage of official position a. Parental authority

b. In contempt of or with insult to public authorities b. Guardianship of the person or the property of the ward
c. Lack of regard due to offended party by reason of rank c. Marital Authority
d. The offense is committed in the palace of the Chief d. Management of his property
Executive or in his or her presence, or in a place dedicated e. Right to dispose of his property by any act or conveyance
to religious worship. mortis causa
f. Right to dispose of his property by any act or conveyance inter b. the offender is under the influence of liquor
vivos c. the imprudence results in the commission of a consummated
felony or crime
22. A minor 9 or under is d. the felony is attempted
e. the felony is frustrated
a. Absolutely exempt from criminal liability
b. Relatively exempt from criminal liability 27. A child in conflict with the law is one who:
c. Enjoys privileged mitigating circumstance
d. Extenuating circumstance a. Committed an intentional felony
e. Absolutory cause b. Was raised in a family of drug traffickers
c. Is under 15 yrs of age
23. Which of the following is not an accessory penalty? d. Is over 15 and under 18 who committed a felony with
discernment
a. Suspension from public offices, profession or right of suffrage e. A child who is alleged as, accused of, or adjudged as,
b. Civil interdiction having committed an offense under Philippine laws.
c. Indemnification
d. Payment of costs 28. In light felonies the following are criminally liable
e. Perpetual or temporary absolute disqualification
f. Perpetual or temporary special disqualification a. Principal only
b. Accomplices only
24. What is meant by the term mens rea? c. Accessories only
d. Principal and Accomplices only.
a. no intent to commit so grave a wrong
b. good faith in the commission of the crime 29. In mala prohibita, the criminal liability of the offender is determined
c. no malice in committing the crime by his
d. unlawful intent
a. criminal intent
25. Proximate cause means: b. intent to perpetrate the act
c. negligence, lack of foresight, lack of skill
a. the motive in committing the crime d. ignorance of the law
b. the unlawful intent in committing in committing the crime e. mistake of fact
c. the efficient cause uninterrupted by any supervening event
without which the result would not have occurred 30. To overcome intelligence as an element of criminal liability one
d. the reason of the offender in committing the crime has to prove
e. Direct cause
a. Deprivation of cognition
b. Under the compulsion of an irresistible force
c. Mistake of fact
d. Mistake of identity
26. Reckless imprudence is a crime only when:
31. An ordinary mitigating circumstance reduces the penalty only to
a. the offender is under the influence of drugs the
 36. The threefold rule under article 70 is addressed to the
a. Minimum Period
b. Degree a. Judge deciding the case
c. Indeterminate Sentence Law b. Prison head holding the prisoner
d. Probation Law c. Probation officer
d. Board of pardon and parole
32. When the aggravating circumstance of recidivism is present in the
commission of a crime, the offender is called a 37. The phrase Stand ground when in the right means:

a) A person need not retreat against an unlawful aggressor

a. Quasi-recidivist but he is not expected to fight back
b. Recidivist b) A person need not retreat against an unlawful aggressor
c. Habitual criminal but must defend himself by fighting back
d. Habitual delinquent c) A person attacked must retreat but must fight back when
caught by his aggressor
33. What component of criminal law is express and implied repeal d) None of the above
relevant?
38. Impossible crime is punished only when the crime is
a. Territoriality
b. Generality a. Consummated
c. Irretrospectivity b. Frustrated
d. Bill of attainder c. Attempted
d. Voluntary

39. Vicarious civil liability means

34. Preventive imprisonment is a. The liability of the offender in a criminal case

b. Civil liability of the employer in a criminal case if the
a. Not a penalty offender is found insolvent
b. A principal penalty c. Civil liability of the offender and the employer in a criminal
c. Subsidiary penalty case
d. Remedial measure
e. Accessory penalty 40. The dangerous tendency rule and the clear and present danger
rule is relevant in the discussion of the crime of
35. The pecuniary liabilities of the offender under the Revised Penal
Code should be prosecuted a. Arson
b. Immoral doctrines
a. In the criminal action c. Sedition
b. In a separate civil action d. Unfair competition
c. In either of the two actions above
d. In both of the above actions 41. Judicial authority in Article 125 of the Revised Penal Code refers
to:
 a. The justices or judges vested with judicial power to order
the temporary detention or confinement of a person
charged with having committed a public offense.
b. Supreme Court justices
c. Judges of inferior courts as may be established by law
d. All of the above
42. How is the crime of coup detat committed?
a. By a swift attack accompanied by violence, intimidation,
threat, strategy or stealth against duly constituted
authorities of the Republic of the Philippines, or any military
camp or installation, communications networks, public
utilities or other facilities needed for the exercise and
continued possession of power.
b. Singly or simultaneously carried out anywhere in the
Philippines.
c. By any person or persons, belonging to the military or police
or holding any public office or employment, with or without
civilian support or participation.
d. All of the above concurring
e. Any two of the above concurring
43. What are the ways of committing the crime of illegal assembly?
a. Gathering of persons any or some of whom are armed for
unlawful purpose under the Code.
b. Gathering of persons for the purpose of inciting to treason,
rebellion, insurrection, sedition and assault upon a person
in authority or his agent even without the attendance of
armed men.
c. Formation of an unlawful association
d. A and B
e. B and C
44. What are elements of perjury?
a. There must be testimony or a statement (affidavit) made
under oath
b. The oath must be administered by an officer competent to
do so because it is essential that the oath be valid.
c. The witness-affiant must have made willful or deliberate
assertion of falsehood on a material matter-subject of
inquiry in that case.
d. The testimony or affidavit must have been made to comply
with a legal requirement, i.e., it must be required by law and
must be required to be under oath.
e. All of the above concurring
f. A, B and C only
g. B, C and D only
45. Indirect bribery is committed by:
a. A public officer who will do an act in consideration of what
he will receive.
b. A public officer who will refrain from doing what he should
do because of what he receives
c. A public officer who does an act constituting a crime in
consideration of what he will receive
d. A public officer who commits an act not constituting a crime
in consideration of what he will receive
e. A public officer who receives consideration because of his
office.
46. Article 294 (robbery with violence against or intimidation of
person) defines and penalizes
a. composite crime or special complex crime
b. complex crime
c. compound crime
d. continuing crime
47. Who are those exempt from criminal liability for theft, swindling
and malicious mischief?
a. Spouses, ascendants and descendants, or relatives by
affinity in the same line only
 b. Only the widowed spouse with respect to the property
which belonged to the deceased spouse before the same
shall have passed into the possession of another
c. Only brothers and sisters and brothers-in-law and sisters-in-
law, if living together.
d. A, B and C
e. A and B
f. B and C
g. A and C
48. Who is not a public figure?
a. He is one who, by his accomplishments, fame, mode of
living, or by adopting a profession or calling which gives the
public a legitimate interest in his doings, his affairs and his
character, has become a public personage.
b. Those who have achieved some degree of reputation by
appearing before the public, as in the case of an actor, a
professional baseball player, a pugilist, or any other
entertainer.
c. Public officers, famous inventors and explorers, war heroes
and even ordinary soldiers, infant prodigy.
d. Anyone who has arrived at a position where the public
attention is focused upon him as a person.
e. An obscure private individual libeled by a columnist in a
newspaper.
49. Which of the following is not requisite of mistake of fact?
a) That the act done would have been lawful had the facts
been as the accused believed them to be
b) That the intention of accused in doing the act should be
lawful
c) That the resulting injury is due to the intentional act of the
victim
d) That the mistake must be without fault or carelessness on
the part of the accused.
e) None of the above
50. Anti-fencing Law {PD 1612} will apply only when the valuable
articles proceed from what crimes?
a. Only to proceeds of theft or robbery
b. Only to proceeds of estafa
c. Also to proceeds of usurpation
d. All of the above
51. Plunder - RA 7080 - requires that the wealth amassed by a public
officer amount to
a. 100 million pesos
b. 75 million pesos
c. 50 million pesos
d. 130 million pesos
52. A recidivist is one who, at the time of his trial for one crime, shall
have been previously convicted of another crime embraced in the
same title of the revised Penal Code.
a. True
b. False. The previous conviction need not be of a crime
embraced within the same title of the Revised Penal Code
as the one for which the accused is on trial.
c. False. A recidivist need not be convicted of the prior crime.
Having been previously charged is sufficient.
d. False. The conviction may either be final or not.
e. False. The previous conviction must be by final judgment.
53. Accessories to a crime are those who, with or without knowledge
of the commission of the crime, and without having participated
therein, either as principals or accomplices, take part prior to its
commission.
a. True
b. False. Accessories have knowledge of the crime and
participate in commission thereof.
c. False. Accessories must have knowledge of the crime and
take part only subsequent to its commission but not prior
thereto in the manner described in the Revised Penal Code.
d. False. The statement more appropriately describes
accomplices.
e. False. Accessories never take part prior to or subsequent to
the commission of the crime.
54. A person under fifteen does not incur criminal liability because
minority is a justifying circumstance.
a. True
b. False. Minority is always a justifying circumstance whether
or not the minor acted with discernment.
c. False. Minority is a mitigating circumstance.
d. False. Minority is an exempting and not justifying
circumstance.
e. False. Minority is never a circumstance affecting criminal
liability.
55. Any public officer who, shall appropriate public funds, or property
or shall take or misappropriate or shall consent or through
abandonment or negligence, shall permit any other person to
take such public funds or property, wholly or partially, or shall be
guilty of malversation of public funds or property.
a. True
b. False. The act described is illegal use of public funds or
property.
c. False. The crime is not committed through abandonment or
negligence.
d. False. The public officer should be one accountable for
public funds or property.
e. False. The crime is failure to render accounts of public
funds or property.
56. Lack of motive is indicative of the innocence of the accused.
a. True
b. False, because motive is not a requisite of felonies
committed by means of dolo.
c. False because intent and motive are synonymous.
d. False because motive being a mental process cannot be
proven by evidence.
57. X was present at the scene of the crime and witnessed Y set fire
to a house. X, however, did not give alarm nor report to the
authorities the commission of the crime. X is an accomplice in the
crime of arson.
a. True
b. False, X is a principal by indispensable cooperation.
c. False, because X has not committed any felony there being
no law that punishes a person who does not report to the
authorities the commission of a crime.
d. False, because X is liable for the crime of failure to report
commission of a felony.
58. X and Y after breaking the wall of the bodega through which they
entered the same, removed a sack of sugar from the pile; but they
were caught in the act of taking it out through the opening on the
wall. A and B are liable for consummated robbery.
a. True
b. False, A and B are liable for attempted robbery only
because the act of taking out is merely an overt act to
commence the crime of robbery.
c. False, A and B are liable for consummated trespass to
dwelling.
d. False, A and B are liable for attempted robbery because the
failure to take out the sack was due to a cause other than
the will of A and B.
59. A shot B, but missed and instead hit and killed C. A is liable for the
complex crime of homicide and attempted homicide.
a. True
b. False, A is liable for the crime of homicide only because B
was not injured.
c. False, A is liable for the crimes of illegal discharge of
firearms and homicide.
d. False, A is liable for the complex crime of attempted
homicide and reckless imprudence resulting in homicide.
60. Dodoy possessing only a student drivers permit, found a parked
car with the key left in the ignition. He proceeded to drive it away,
intending to sell it. Just then Ting, the owner of the car arrived.
 Failing to make Dodoy stop, Ting boarded a taxi and pursued 63. In the crime of arson, it is necessary that the property be totally
Dodoy, who in his haste to escape, and because of his destroyed by fire.
inexperience violently collided with a jeepney full of passengers,
one of whom was killed, the leg of another passenger was a. True
crushed and had to be amputated. The car of Ting was damaged b. False. It is consummated even if only a small portion of the
to the tune of P 50,000. Dodoy is liable for the crimes of wall or any part of the house is burned.
carnapping, homicide and serious physical injuries. c. False. If the property is not totally burned it is frustrated
arson.
a. True d. The consummation of the crime of arson depends upon the
b. False, Dodoy is liable for complex crime of carnapping with extent of the damage caused.
homicide because the two offenses were the result of a
single criminal impulse. 64. The Revised Penal Code took effect on January 31, 1932.
c. False, Dodoy is liable for carnapping only but the penalty is
to be imposed in its maximum because a homicide which a. True
includes the serious physical injury was committed on the b. False, January 1, 1934
occasion or by reason thereof. c. False, January 1, 1932
d. False, Dodoy is liable for the distinct felonies of carnapping, d. False, October 31, 1935
reckless imprudence resulting in serious physical injuries,
reckless imprudence causing damage to property and 65. A penal law is always prospective in its application
reckless imprudence resulting in homicide.
a. True
61. X together with four individuals went to the house of P with intent b. False, it is retroactive
to kill. Upon reaching the house, the five of them aimed and fired c. False, it may be given retroactive effect if favorable to the
at the bedroom of P. However, P was not in the room as he was in accused who is not a habitual delinquent
another city. The five accused may be convicted of attempted d. False, it is retroactive if the new law imposes a heavier
murder. penalty

a. True
b. False, they may be convicted of the crime of illegal
discharge of firearm.
c. False, they are only liable for an impossible crime.
d. False, they are liable for malicious mischief.
66. Felonies cannot be committed by omissions but only through overt
62. Drawing or trying to draw a pistol from the waist is an overt act of acts.
homicide of the accused.
a. True
a. True b. False, only external acts are punished.
b. It constitute attempted homicide c. False, felonies are acts or omissions punishable by law.
c. The act constitute attempted murder d. False, there is no criminal intent in omission.
d. False, because it cannot be definitely concluded that the act
will result into a concrete offense. 67. Reclusion perpetua is a divisible penalty.
 a. True 72. In kidnapping for ransom, those who acted as runners or carriers
b. It is an accessory penalty in obtaining the ransom money have no criminal liability.
c. It is the same as life imprisonment
d. It remains an indivisible penalty despite its duration a. True
b. They are considered accomplices.
68. Entrapment is an absolutory cause. c. They are accessories.
d. They are principals by direct participation.
a. True
b. False. It is not a bar to the prosecution and conviction of the 73. The duration of the penalty of prision mayor is six years to twelve
lawbreaker because consistent with public policy years.
c. It is similar to instigation which absolves the accused from
criminal responsibility a. True
d. The ways and means resorted to for the purpose of framing b. It is six years and one day to twelve years.
up the lawbreaker c. It is six months, one day to six years.
d. It is one month to six months.
69. Who among the following persons is/are not exempt from the
operation of our criminal laws by virtue of the public international
law?
74. The penalty for homicide is reclusion temporal. If there are no
a) Sovereigns and other chiefs of state modifying circumstances present, the minimum of indeterminate
b) Consults, Vice-Consuls, and other commercial penalty on the convict should be:
representatives of foreign nations
c) Ambassadors, Ministers plenipotentiary, ministers resident a. Reclusion temporal, medium period
d) Charges d affaires b. Within the range of prision mayor to reclusion temporal,
e) All of the above medium period.
c. Prision mayor, medium period.
70. Insanity or imbecility is a justifying circumstance for which the d. The whole range of reclusion temporal.
offender does not incur criminal liability.
75. In reiteration or habituality, it is enough that a final judgment has
a. True been rendered in the first offense.
b. Insanity or imbecility is an exempting circumstance
c. It will mitigate the liability of the offender a. True
d. It is an alternative circumstance b. The sentence have been served for the first offense.
c. There is judgment rendered by the trial court for the first
71. In arson, the aggravating circumstance that the crime be offense.
committed by means of fire is not appropriate. d. It is the same as habitual delinquency.

a. True 76. Filipinos and aliens owe the same allegiance to the Philippines.
b. It is considered to increase the penalty for the crime. Filipinos owe absolute and unqualified allegiance to the
c. It is not considered if not alleged in the information. Philippines.
d. Fire is not included by the law in defining arson.
a. Both statements are true.
 b. Both statements are false. 81. What different crimes can arise from intimidation?
c. The first statements is true and the second false.
d. The first statement is false and the second true. a. Robbery, if the intimidation is immediate but conditional
coupled with demand for money or any consideration.
77. Arbitrary detention is committed by b. Threat, if it is future or conditional
c. Coercion, if it is direct, immediate, and personal; or serious
a. Any public officers enough.
b. Those whose official duties give them the authority to effect d. All of the above
arrest and detain persons 82. What crimes is not committed only by dolo?
c. Private individuals
a. Malicious mischief
78. Misprision of treason is b. Estafa
c. Mutilation
a. Failure of a citizen to report as soon as possible a d. Intentional abortion
conspiracy, which comes to his knowledge, against the e. Unintentional abortion
government.
b. Conspiracy to commit treason against the Philippine 83. Defamation excludes:
Government.
c. An accomplice to the crime of treason a. slander
d. Proposal to commit treason b. libel
c. slander by deed
79. Under what instances is the crime of Trespass not committed? d. incriminating innocent persons
e. malicious prosecution
a. Purpose of entry to dwelling is to prevent some serious harm f. intriguing against honor
to the person entering, the occupants or third persons.
b. Purpose of entry is to render some aid to humanity or 84. What principle does not apply to imprudence
justice.
c. Places entered are cafes, taverns, inns and similar places a. Complex crime
while they are open b. Subsidiary penalty
d. A and B only. c. Modifying circumstances
e. B and c only. d. Three-fold rule
f. All of the above e. Parole and probation

80. What crime in the Revised Penal Code has the same penalty 85. Violations of dangerous drugs act is
whether committed intentionally or negligently?
a. Now a mala in se
a. Malversation b. Still malum prohibitum
b. Estafa c. Punished as a crime under the Revised Penal Code
c. Falsification d. Not committed thru dolo
d. Illegal Exaction
e. None of the above 86. If an offender is apprehended possessing more than the quantity
of drugs sold, he shall liable for:

a. illegal possession of dangerous drugs
b. unlawful sale of dangerous drugs
c. compound crime of illegal possession and use of dangerous
drugs
d. complex crime of illegal possession of prohibited and
regulated drugs
e. two separate crimes of illegal possession of dangerous
drugs and illegal sale of dangerous drugs
87. Treachery, which is an aggravating circumstance occurs when the
offender commits any crime employing means, methods, or forms
in the execution thereof which tend directly and specially to insure
its execution without risk to himself arising from the defense which
the offended party might make.
a. True
b. False because treachery refers to the evil intent and not the
means to commit a crime.
c. False because treachery refers also to the use of craft or
disguise in the commission of a crime.
d. False because treachery applies only to crimes against
persons and property.
e. False because treachery applies only to crimes against
persons.
88. The period of prescription of crimes shall commence to run from
the day on which the crime is discovered by the authorities or
their agents, and shall be interrupted by the arrest of the offender.
a. True
b. False. The period of prescription shall commence to run
from the day on which the crime is discovered by the
offended party, the authorities, or their agents.
c. False. The period of prescription shall be interrupted by the
filing of the complaint or information and not by the arrest of
the offender.
d. False. The period of prescription commences for the reason
stated in letter B and interrupted for the cause adduced in
letter C.
e. False, none of the reasons mentioned in the preceding
choices is correct.
89. The duration of the penalties of prision correccional, suspension
and destierro shall be from six months and one day to six years,
except when suspension is imposed as an accessory penalty, in
which case, its duration shall be that of the principal penalty.
a. True
b. False. The duration shall be from six months to six years
and one day.
c. The duration shall be from six months and one day to six
years and one day.
d. False. When suspension is imposed as an accessory
penalty, the duration is six months and one day to six years.
e. False. When suspension is imposed as an accessory
penalty, the duration is six months and one day to six years.
90. The accused shall not be convicted for treason except on the
testimony of an eyewitness to the same overt act.
a. True.
b. False, two witnesses are required
c. False, because the witness need not be an eyewitness.
d. False, because the act need not be overt.
91. The crime of rebellion requires that the criminal act was done in
furtherance of political motivation or purpose.
a. True.
b. False, the motivation may be social.
c. False, the crime committed is sedition.
d. False, the act does not need to be criminal.
92. There are two ways of committing direct assault: by employing
force or intimidation for the attainment of any of the purposes of
 rebellion and sedition, and by attacking or seriously intimidating a 96. The subject matter of the crime of _____________ is altering or
person in authority or his agents. falsifying treasury or bank note or any instrument payable to
bearer or to order.
a. True.
b. False, direct assault is committed only by laying hands or a. Falsification
attacking a person in authority or his agents. b. Forgery
c. False, the crime committed is indirect assault. c. False testimony
d. False, there is only one way of committing direct assault. d. Perjury

93. This crime is committed by a public officer who will refrain from 97. The deliberate assertion of falsehood in a material matter in
prosecuting offender in consideration of a price or gift and the perjury must be contained in an affidavit and required by law to
crime is punishable by reclusion perpetua and/or death. be under oath.

a. Indirect bribery a. True.

b. Qualified bribery b. False, the document need not be sworn to.
c. Direct bribery c. False, oath need not be required by law.
d. Corruption of public officers d. False, the assertion may be any matter.

98. Violations of the dangerous drugs law shall disqualify the offender
from availing of:

a. Indeterminate Sentence Law

94. This is a mock serenade where the offender actually disturbs the b. Probation
peace by using cans, pans, utensils, etc. and constitutes the c. Three fold rule
crime of alarms and scandal. d. Parole
e. Plea bargaining
a. Indecent exposure
b. Public disorder 99. ___________________ is committed by a public officer who
c. Charivari amasses ill gotten wealth thru a series or combination of
d. Misdemeanor prohibited acts in the total amount of ______________ pesos.

95. When the person granted conditional pardon by the President a. Qualified bribery and 50 million
violates the conditions of his pardon, he shall be returned to b. Direct bribery and 20 million
prison and shall serve the remaining penalty if the same exceeds c. Malversation and 75 million
___________ years. d. Plunder and 50 million

a. 5 100. The crime of cattle rustling is malum _____________ for being a

b. 4 mere amendment of the provision on qualified theft, whereas the
c. 7 crime of carnapping is still malum ____________ although an
d. 6 amendment of the same provision on qualified theft.

a. Prohibitum and in se
b. In se and prohibitum 104. The nature of the relationship of the offender and the victim in
c. Both prohibitum parricide must be by blood, legitimate and
d. Both in se __________________.

a. Ascending line
b. Direct line
c. Collateral
d. Descending line

105. Though the offender is the parent, if the victim of the killing is a
child less than three days old, the crime is ________________.
101. The crime of _______________ is not committed when the
purpose of is to prevent some serious harm to the person a. Parricide
entering or to the occupants or third persons. b. Infanticide
c. Abortion
a. Trespass to property d. Murder
b. Trespass to dwelling
c. Malicious mischief 106. Homicide is the killing of any person which does not constitute
d. Grave coercion parricide, murder or infanticide and is not _________________.
e. A and B
a. Intentional
102. ___________________ can give rise to robbery if it is b. Justified
immediate but conditional and with demand for money or any c. Accidental
consideration, threat if future and conditional, or coercion if d. Suicide
direct, immediate and personal.
107. Illegal possession of firearm is committed provided that:
a. Intimidation
b. Fraudulent machination a. No other crime is committed
c. Deceit b. Murder or homicide is committed
d. Chicanery c. The crime is rebellion, sedition and attempted coup
d. It is high powered
103. _______________ abortion cannot be committed by the woman
herself because it requires infliction of violence against her
person.

a. Intentional
b. Unintentional
c. Both
d. culpable 108. The indispensable elements of death caused in a tumultuous
affray are: the persons involved in the affray are not
_______________ for the purpose of assaulting and attacking
 each other, and that the ones who actually killed or inflicted d. Lascivious conduct
serious injury to the deceased cannot be _________________.
113. Kidnapping of a minor cannot be committed by his parents as
a. Organized and identified expressly provided for in Article 267.
b. Unorganized and unidentifiable
c. Organized and participants in the affray. a. True
d. Unorganized and participants in the affray. b. False, it can be committed when the parents are separated
legally.
109. In the crime of illegal discharge of firearm it is necessary that the c. False, the child can be adult.
firearm be discharged at another but without d. False, the child must be a woman.
_________________.
114. The distinction between estafa and malversation is that in estafa
a. Bullets committed by public officers, the offender is not:
b. Intent to kill
c. Hitting the victim a. A treasurer
d. Killing the victim b. An accountable public officer
c. An administrator of funds
110. When there is no injury but pain is caused to the victim, the d. A disbursing officer
crime is ________________.
115. Highway robbery is different from robbery committed in a
a. Ill-treatment or maltreatment highway in that in the former the victim is not:
b. Slight physical injuries a. Preconceived.
c. Malicious mischief b. Arbitrary.
d. Unjust vexation c. Indiscriminate.
d. Isolated.
111. ___________________ is not an element of kidnapping, hence, 116. Malicious mischief is destruction of property which is not
the crime can be committed even without such, but when _______________ and the means used is not
demanded, the crime becomes kidnapping and serious illegal ________________.
detention and the penalty shall be death.
a. Mail matter and by tearing
a. Ransom b. Dwelling and occupation
b. Deprivation of liberty c. Large cattle and fire
c. Coercion d. Vehicle and carnapping
d. Threat
117. Status crimes refers only to:
112. The distinction between kidnapping with rape and forcible
abduction with rape is the presence or absence of a. Crimes committed by minors
_________________. b. Crimes committed by adults
c. Crimes committed by males
a. Taking d. Crimes committed by females
b. Intent to rape
c. Lewd designs 118. Juveniles who commit crimes are classified into:
 b. Yes, since it is only the cause of death, which has charged
a. Children in conflict with the law or subsequently discovered the crime is still homicide.
b. Children at risk c. Yes, because there is no such requirement of law for
c. Both A and B conviction
d. Over 15 and under 18
123. Which of the following statements is true?
119. Suspension of sentence is available to a minor delinquent
a. The conviction for fencing, which involves moral turpitude,
a. If he acted with discernment subsists and remains totally unaffected notwithstanding
b. If he agreed to a diversion program the grant of probation.
c. If he is still a minor when sentence is promulgated b. The legal effect of probation is only to suspend the
d. Even if he is no longer a minor when sentence is execution of the sentence.
promulgated c. Only A is correct
d. A and B are correct
120. When the crime committed by the convict is penalized with
death.
124. May a convict who appealed his conviction still be qualified for
a. The penalty shall be reduced to reclusion perpetua probation?
b. The penalty shall be suspended
c. The convict shall be given reprieve a. Yes, there is no prohibition provided by law.
d. The penalty shall be life imprisonment b. Yes especially if an appeal is taken solely to reduce the
e. The penalty shall be either reclusion perpetua or death penalty (in order to qualify for probation).
penalty depending upon whether the law violated is c. No, Section 4 of the Probation Law clearly mandates that
penalized under the revised penal code or special law not no application for probation shall be entertained or granted
using the nomenclatures under the revised penal code. if the defendant has perfected the appeal from the
judgment of conviction.
121. Over what offenses are persons below 18 years exempt from
criminal prosecution? 125. What damages are recoverable from death arising from the
commission of crime?
a. Vagrancy and prostitution under Article 202 0f the Revised
Penal Code a. Civil indemnity ex delicto and actual damages
b. Mendicancy under P.D No. 563 b. Moral and exemplary damages
c. Sniffing of rugby under P.D. No. 1619 c. Attorneys fees, expenses of litigation and interest in proper
d. All of the above such prosecution being inconsistent with cases
the United Convention on the Rights of the Child d. All of the above

122. May a person charged with homicide by stabbing be convicted 126. May moral damages be additionally awarded in case of rape or
when the cause of death was drowning? acts of lasciviousness without need of proof?

a. No, because it is a hornbook doctrine that an accused cannot a. Yes, it is assumed that the victims suffered damages.
be convicted of an offense unless it is clearly charged in the b. Yes, because it is the proper thing to do
complaint or information.
 c. No, because it is indispensable that damages suffered
must be proved.
127. Which of the following Statements is true?
a. The reviewing tribunals cannot correct errors which are
unassigned in the appeal.
b. An appeal in a criminal case opens the entire case for
review.
c. The reviewing tribunal can reverse the lower courts
decision on ground other than those the parties raised as
errors.
d. Both B and C are correct
128. Which of the following is a correct statement?
a. Motive is generally held to be immaterial because it is not
an element of the crime.
b. Motive becomes important when the evidence on the
commission of the crime is purely circumstantial or
inconclusive.
c. Only A is correct.
d. Both statements are correct.
129. What is not an objective of Probation law?
a. To promote correction and rehabilitation of the offender by
giving him individualized treatment.
b. To provide a better opportunity for the penitent offender to
reform
c. To promote further commission of crimes as he is placed
under the supervision of probation officer
d. To decongest our jails
130. The following are the other kinds of plurality of crimes where a
single penalty is imposed. Which is not included?
a. Composite crimes or special complex crimes
b. Continued crime or delito continuado
c. Continuing crimes or transitory crimes
d. Simple crime
131. What is the effect when one of the crimes in information charging
complex crimes is not proved?
a. He will not be convicted of any crime
b. The accused can be convicted of the other.
c. The case will be dismissed
132. When may the employers subsidiary civil liability be enforced?
a. When the judgment of conviction becomes final
b. When the judgment of conviction is rendered
c. When the convicted employee is insolvent
d. When the judgment of conviction becomes final and
convicted employee is insolvent
133. Is verbal notice of dishonor sufficient in B.P. 22 cases?
a. Yes, a mere oral notice or demand to pay would appear to
be sufficient for conviction under the law.
b. No, the notice of dishonor must be in writing, a verbal
notice is not enough.
c. Answer not given
134. If the drawer or maker is an officer of the corporation is notice of
dishonor to said corporation sufficient?
a. No, the notice of dishonor to the said corporation is not
notice to the employee or officer who drew or issued the
check for and in its behalf.
b. Yes, the demand on the corporation constitutes demand on
the officer or employee.
c. Yes, constructive notice to the corporation is enough to
satisfy due process.
135. May the principle of delicto continuado be applied to special law?
a. No, unless the special law so provides.
b. Yes, since under Article 10 of the Revised Penal Code, the
Code shall be supplementary to special laws.
c. No, it strictly applies to crimes punished by the Revised
Penal Code,
 a. Yes, otherwise offenders will be freed from liability
136. Which of the following is a continuing crime? b. No, because direct assault requires that there should be
no public uprisings.
a. Rebellion, insurrection and conspiracy and proposal to c. Yes, there is no qualification in the law.
commit such crimes d. Answer not given
b. Squatting and violation of BP 22
c. None of the above 142. What variant crimes can arise from discharge of fire arms?
d. All of the above
a. Alarms and scandals
137. Which of the following statement is FALSE? b. Threat
c. Grave coercion
a. Probation is a mere privilege not a right d. All of the above
b. Its benefits can extend to those expressly excluded e. None of the above
c. Probation is not a right of the accused but rather an act of
grace and clemency or immunity conferred by the state 143. Who is the offender in Article 156 or delivery of Prisoner from
which may be granted by the court. jail?

138. The following are the causes of partial extinction of criminal a. The offender is a person who is not the Custodian of the
liabilities. Which is excluded? prisoner at the time of the commission of the offense
b. The Custodian of the prisoner
a. Conditional pardon
c. Any policemen
b. Commutation of sentence
c. Good conduct allowance
144. Is good faith a defense in falsification?
d. Absolute pardon
a. Yes, there is no falsification of a public document if the acts
139. Who owes allegiance to the Philippines?
of the accused are consistent with good faith
a. A citizen or subject who owes permanent allegiance b. Yes, as a liberal interpretation of criminal law in favor of the
b. A foreigner who owes temporary allegiance accused
c. Only government employees c. No, since misstatements or erroneous assertions in a
d. Both A and B public document will give rise to falsification even if it is
made in good faith.
140. Who are the persons authorized by law to expel or compel
persons to change abode? 145. Will the use of another name in a particular instance constitute
use of an alias?
a. People from NBI and Bureau of Customs
b. Only the president of the Philippines and the courts after a. Yes, since the law does not distinguish
final judgment sentencing the accused to destierro or as a b. No, as an application of the doctrine that criminal laws
condition in his probation shall be interpreted in favor of the accused
c. Both A and B c. No, since the use of a fictitious name or a different name
d. Answers not given belonging to a single person in a single instance without
any sign or indication that the user intends to be known by
141. Can direct assault be committed during rebellion or sedition?
 this name in addition to his real name from that day forth 150. In the case of parricide, if the information failed to mention that
does not fall within the prohibition contained in CA No. 142. the offender and the offended party are married can the former
be convicted to parricide?
146. Which of the following is not true regarding the significant
changes brought about by R.A 9165 or the Comprehensive a. No, that will violate his right to information of the nature of
Dangerous Drugs Act of 2002 the charge against him
b. Yes, the same can be proved even during the trial.
a. The penalty is no longer based on the quantity involved c. Yes, since the same is not required by law.
except in the case of possession
b. The penalties under the special penal laws such as life 151.Legislative acts which prohibit certain acts and establish
imprisonment are revived and the nomenclatures of the penalties for their violations are
Revised Penal Code were deleted from the law.
c. Use of Dangerous Drugs under Section 15 now does not a. Penal laws
have graduated penalty b. Contained in the Revised Penal Code
c. Public laws
147. Is the plunder law void for being vague? d. Remedial laws
e. Substantive laws
a. No, since it contains ascertainable standards and well
defined parameters which would enable the accused to 152. The following cannot have retroactive application:
determine the nature of his violation
b. Yes, since there are some unexplained terms a. Law which makes the penalty for offenses heavier than
c. Yes, since it did not explain difficult words used. when committed
b. Law which alter the rules of evidence so as to make it
148. What kind of crime is Plunder? substantially easier to convict a defendant.

a. Malum Prohibitum since it is covered by special law
b. Malum in se because the legislative declarations in RA
7659 that plunder is a heinous offense implies that it is a
malum in se.
c. Answer not given
c. Statute that deprives accused of some lawful protection to
which he has become entitled, such as a proclamation of
amnesty.
d. The law directing the suspension of public officer when a
valid information has been filed against him before the
court.

149. Which of the following is TRUE? 153. It is the belief of its proponent that penal laws should be directed
against the actual or potential wrongdoer and that opportunism
a. Preventive suspension is a penalty and materialism should not be encouraged.
b. Preventive suspension is a result of judicial proceeding
c. If acquitted, the official concerned shall be entitled to a. Positivist theory
reinstatement and to the salaries and benefits which he b. Classical Theory
failed to received during the suspension c. Ecclectic Theory
d. Juristic Theory
e. Utilitarian Theory
154. Crimes mala prohibita are: other factors likewise prevent the incarceration of a wrongdoer
except for:
a. Generally embodied in the Revised Penal Code
a. Probation
b. Punishable with life imprisonment and never with reclusion b. Absolutory cause
perpetua c. Mistake of fact
c. Always wrong acts hence should be penalized d. Absolute pardon
d. Generally not required to be attended by malice and evil e. Amnesty
intent f. Indeterminate Sentence Law
e. Heinous crimes
158. Sufficient provocation as an element of self defense and as a
155. Under the positivist or realistic theory, the penalty to be imposed mitigating circumstance are differentiated as follows:
on the convict should be
a. As an element of self defense, there must be sufficient
a. For the purpose of reforming the convict provocation on the part of the offended party
b. Should be equal to the crime committed without regard to
the personal attribute of the offender b. As a mitigating circumstance, sufficient provocation must
c. Predetermined on the basis of the gravity of the offense come from the offender
d. Not mitigated by the factors like the social and behavioral c. As an element of self defense, there must be no
environment of the convict provocation on the part of the offended
d. As a mitigating circumstance, there must be sufficient
provocation on the part of the offended party; the exact
opposite must obtain in self defense
e. Sufficient provocation in either case must be absolutely
lacking

159. Pursuant to R.A. No. 9344, a minor less than 18 years old can be
156. Conspiracy is not a crime but a means to incur criminal liability absolutely exempt from criminal liability

a. The statement is false because there are conspiracies a. If he acted without discernment although he is 17 years old
especially punished by law b. If the minor committed an offense which is victimless
b. The statement is false because conspiracy can be both a c. If the minor is mentally retarded
crime and a means of incurring criminal liability d. If the minor admits his crime voluntarily
c. The statement is absolutely true e. If the offended party pardons the minor
d. The statement is false because conspiracy is an
aggravating circumstance 160. Because crimes require criminal intent, the act is not criminal
e. The statement is false because conspiracy is qualifying
circumstance a. When the mind is not criminal
b. When the crime is malum prohibitum
157. Justifying and exempting circumstances allow the actor to c. If the offender is illiterate
escape criminal liabilities. Aside from these circumstances, d. When the offender acted negligently
e. When the offender is suffering from schizophrenia

161. Motive is not relevant in the following cases except:
a. When the identity of the accused is certain.
b. When direct evidence in the case obtains.
c. When the act brings about variant crimes
d. When credible eye witnesses point to the accused as the
offender
162. The following statement on the relationship between the Revised
Penal Code and special penal laws are true:
a. The Revised Penal Code shall have suppletory effect on
special penal laws unless the latter shall specially provide
the contrary.
b. The offenses punished under special laws are not subject
to the provisions of the Revised Penal Code
c. The Revised Penal Code shall have suppletory effect on
special penal laws when it uses the nomenclature of
penalties under the former.
d. The Revised Penal Code shall have suppletory effect on
special penal laws when the court is given discretion in the
application of penalties.
163. Which of the following is not true:
Armed men who participate in the commission of a felony:
a. Are principal offenders when they are members of a band
b. Are accomplices when they aid the principal offender in the
commission of a felony
c. Have greater criminal liability for being members of
organized crime syndicate formed for the commission of
crimes for economic gains
d. Are liable for robbery with homicide qualified by band
pursuant to Article 294 subdivision 1 in relation to Articles
295 and 296 of the Revised Penal Code
164. Penalties under the Revised Penal Code are imposed on the
principal offenders and in the consummated stage. They are
classified into principal penalty which must be expressly stated
in the dispositive portion and accessory penalty which follow the
principal penalty to which it is attached by operation of law.
a. Both statements are true
b. The first statement is true and the second is false because
the accessory penalty must also be expressly stated in the
decision
c. The second statement is true but the first is false because
there are penalties imposed on the accessory and the
accomplice
d. Both statements are false because there are penalties
imposed on the accessory and the accomplice and
accessory penalty must also be expressly stated in the
decision
165. Habitual delinquency and recidivism are similar in that:
a. Both are generic aggravating circumstance
b. Both increase the penalty to the maximum period
c. Both require the commission of the same offense at least
thrice
d. They require the commission of felonies in the same title
such as robbery and estafa under Crimes against Property
and serious and less serious physical injuries under
Crimes against Persons
166. Special complex crimes and complex crimes may be compared
as follows:
a. Special complex crimes are especially provided for under
Book II of the Revised Penal Code by specifying the
crimes composing the indivisible felony and the penalty
therefor; Article 48 on complex crimes gives the general
rules on what crimes can be complexed and the penalty
shall be for the most serious in the maximum period
 b. Both specie of crimes can be committed by negligence
c. In special complex crimes when one of the composite 171. What is the effect of R.A. 9346 banning the imposition of the
crime is not proved, the accused cannot be convicted of death penalty on the penalty for accomplices and accessories or
the other for attempted or frustrated felonies punished by death penalty?
d. In complex crimes, the excess crimes committed are
absorbed so that forcible abduction with multiple rapes a. The penalty for the accomplice in the consummated felony
constitute only one offense punished by death shall be the same as the principal
(reclusion perpetua) for R.A. 9346 only affected the
167. Which of the following is not a requirement for the employer to be principal offender whose penalty is death.
civilly liable for the crime of his employee? b. The penalty for the frustrated felony punished by death
a. The judgment of conviction must be final and executory shall be the same as for the consummated because R.A.
b. The employer-employee relationship is proved 9346 only affected the consummated felony punishable by
c. The convict is insolvent death.
d. A hearing for the purpose of determining whether or not c. Two degrees lower than death penalty or reclusion
the employer is civilly liable has been held temporal shall be imposed on the attempted stage
168. The rule which allow a crime to be committed without criminal pursuant to Article 71 (graduation of penalties) in relation
intent is called: to Article 61 (rules for graduating penalties).
d. The penalty shall be reclusion perpetua for the principal
a. Res ipsa loquitor offender in the consummated stage and one or two
b. Actus non facit reum nisin mens sit rea degrees lower for the frustrated or attempted stage and for
c. Quid pro quo the accomplices or accessories should be counted from
d. Ex post facto reclusion perpetua which is the actual penalty imposed on
e. Malum prohibitum the principal.

169. A crime committed outside the Philippine territory is not triable in 172. Self defense is a justifying circumstance whereas accident is an
the Philippines because Philippine criminal law exempting circumstance

a. Adheres to the generality principle a. The statement is true because the act of the actor is legal
b. Prohibits retroactive application of penal law b. The statement is false because accident is a justifying
c. Is subject to treaties and laws of preferential character circumstance
d. Subscribes to the law of nations c. The statement is false because self defense is a mitigating
e. Is territorial in character circumstance
d. The statement is false because both are alternative
170. The death penalty cannot be imposed on a accused who circumstances
committed a heinous crime because e. The statement is true because Articles 11 and 12
respectively provides so
a. Congress has enacted R.A. 9346 which prohibits its
imposition 173. The phrase aggravating circumstance can have both liberal and
b. The Philippine Constitution prohibits its imposition strict construction, thus:
c. Death penalty is inhuman
d. The Philippine is a part of Christendom a. Aggravating circumstance is strictly construed if the crime
e. Philippine judicial system is defective committed is against persons
 b. It is liberally construed if the crime committed is against
property a. Those who are sentenced to a maximum penalty not
c. It is strictly construed if it will raise the penalty to death and exceeding one year
consequently shall only be exclusively taken from Article b. Where the offense committed is punished by death or life
14 imprisonment
d. It is liberally construed to include all kinds of aggravating c. Where the penalty imposed is the single indivisible penalty
circumstance of reclusion perpetua pursuant to Article 63 of the Revised
Penal Code
d. Recidivist and those on parole
e. Habitual delinquents

174. Which of the following is/are granted in addition to the civil 177. Which of the following statement is true as regards the
indemnities granted to the victim of a crime and/or his heirs Indeterminate Sentence Law (ISL) and Probation Law (PL)
when such is attended by qualifying circumstances:
a. Probation is a privilege whereas ISL is mandatory
a. Indemnity for the mere fact of commission of crime b. ISL does not require imprisonment for the convict
such as rape or killing whereas PL does
b. Loss of earning capacity of the victim in case of killing c. ISL disqualifies second time offenders which is not true
c. Actual damages such as hospitalization and funeral with the PL
expenses d. ISL is available even if the penalty is fine only whereas
d. Support to those who are not compulsory heirs of the PL is for prison sentence only
victim whom he is obliged to support for not more than five e. Habitual delinquents are not disqualified for both PL
years and ISL
e. Moral and exemplary damages to the victim and/or his
heirs for moral suffering caused by the crime 178. Qualifying circumstance for murder not pleaded but proved is
considered as generic aggravating
175. The husband who has sexual intercourse with a married woman
can be liable for adultery and concubinage for the same act. a. The statement is true due to the amendment in the
Revised Rules of Court
a. True because his act offends against two provision of the b. The statement is false because this is prejudicial to the
law and against diffeent offended parties - his wife and accused
the husband of the married woman c. The statement is partially true because only in case of
b. False because that will violate the constitutional death penalty shall the rule apply
proscription on double jeopardy d. The statement is partially false because it is the Revised
c. True because his act is contrary to morality Penal Code which made the amendment
d. False because the adultery is a crime by the married e. The statement is true but not because of the amendment
woman of the Revised Rules of Court
e. True because the two provisions on adultery and
concubinage are separate and distinct from one another. 179. There are four kinds of aggravating circumstances. One of them
is
176. One of the following is not entitled to the benefits of
Indeterminate Sentence Law
a. Organized crime syndicate
 b. Ordinary circumstance
c. Qualifying circumstance a. The penalty on the person guilty of a complex crime
d. Privileged circumstance b. A penalty composed of three distinct penalties the lowest
of which shall be the minimum, the next higher the medium
and the highest the maximum.
c. The penalty on compound crimes
d. The penalty on special complex crime
e. The penalty on continued and continuing crimes

183. Under R.A. 9344, the minor in conflict with the law who is
180. Prior to R.A. 9346, there are how many ways of imposing the adjudged criminally liable can avail of suspended sentence
death penalty?
a. If he acted with discernment
a. Only one, for heinous crimes under R.A. 7659, the death b. If he agreed to a diversion program
penalty law c. If he is still a minor when his sentence is promulgated
b. Three ways, Under R.A. 7659, under the Revised Penal d. Even if he is no longer a minor when his sentence is
Code and under other special laws promulgated
c. Four ways, under the three in letter (b) above, and under
the Constitution 184. Status offenses refers only to:
d. No way, for the President has always reprieved the convict
or reduced his penalty to life or reclusion perpetua a. Crimes committed by minors
e. Two ways, via death as an independent penalty pursuant b. Crimes committed by adults
to R.A. 7659 or thru the ranged penalty of reclusion c. Crimes committed by males
perpetua to death under the Revised Penal Code d. Crimes committed by females
e. There is no such crime
181. The three fold rule is a beneficial mode of computing the penalty
to be served by the convict when there are several penalties 185. Robbery with serious physical injuries requires that the injury
imposed which cannot be served simultaneously. The rule inflicted be one that is punished under:
operates as follows: a. Article 264 on serious physical injury by administering
injurious substances
a. The judge shall sentence the accused to three times the b. Article 263 on serious physical injury by wounding, beating
most severe of all the penalties imposable on the convict or assaulting
b. To prison director shall add up all the penalties imposed on c. Article 265 on less serious physical injury
the convict and compare the same to three times the most d. Article 262 on mutilation
severe penalty. The convict shall serve the lesser of the e. Article 265 on slight physical injury
two which shall in no case exceed forty years.
c. The judge shall sentence the accused to forty years in 186. Theft is qualified when:
prison when all the penalties imposable on the convict a. There is abuse of confidence or taking advantage of the
shall exceed forty years occasion of calamity
d. The court shall multiply the most severe penalty by 4 and b. What is taken is official document
impose on the convict whatever is the result of such. c. The thing taken is mina bird or other endangered species
d. The offender is a clerk of a trading company
182. A complex penalty is
 e. The thieves are armed with unlicensed firearm
187. Possession or use of unlicensed firearm shall have the following
effects except for one:
a. It shall be absorbed in the commission of rebellion,
insurreccion, sedition, attempted coup detat
b. It shall aggravate the crime of homicide or murder
c. It shall not be charged as a crime if any other crime
involving such licensed firearm is committed
d. It shall be aggravated by the fact that the offender is under
the influence of drugs.
e. It shall aggravate the crime of robbery with homicide.
188. Custodial investigation requires that the inquiry by peace officers
shall be inculpatory against the
a. Subject of criminal investigation
b. Suspect in the commission of a crime
c. Accused in a criminal case
d. Detention prisoner
e. Fugitive from justice
189. When acts of violence by the offender hastened the death of a
person who has a lingering heart ailment:
a. The offender shall be liable for serious physical injuries
b. The offender shall be liable for reckless imprudence
resulting to homicide
c. The offender shall be criminally liable because his act is
the proximate cause of the death of the victim
d. The offender shall not be criminally liable because the
heart attack is an efficient intervening cause
e. The offender shall be criminally liable because his act is
the direct cause of the death of the victim
190. Voluntariness as an element of a felony is true only when the
crime is:
a. dolo by performing an act with deliberate intent
b. dolo by omitting to perform an act required by law
c. culpa
d. a malum prohibitum
e. all kinds of crime where the offender has intelligence and
freedom of action
f.
191. The following is not a heinous crime:
a. Qualified piracy and qualified mutiny
b. Highway robbery where the victim is killed
c. Incestuous rape of a child under 18
d. Robbery with homicide
e. Destructive arson resulting to homicide
192. The following crimes preclude the filing of a separate charge for
the second offense committed in the course or as a result of such
crimes:
a. Violation of domicile when the warrant of arrest was
obtained maliciously
b. Abandonment of a child under 7 years old when the child
suffers physical injury as result.
c. Bribery resulting to falsification of public documents when
the public officer agreed to issue a false certification in
consideration of the consideration given by the corruptor
d. Falsification of private document to facilitate the
commission of estafa
193. A child at risk is one who:
a. Committed an intentional felony
b. Was raised in a family of drug traffickers
c. Is under 15 yrs of age
d. Is over 15 but under 18 who committed a crime
e. Is raised in a dysfunctional environment and/or household
which makes him prone to commit a crime
194. Piracy under the Revised Penal Code and piracy under P.D. 532
are both good laws and co-existing independently. The
distinction between the two is mainly that:
a. Under the RPC, piracy is triable only in the Philippines
whereas under P.D. 532, it is triable by any country.
b. The RPC recognizes that piracy can be committed by any
person even if members of the complement or passenger;
in P.D. 532 it is committed only by the complement of the
vessel.
 c. P.D. 532 declares that the offense can be committed by a. Territoriality
any person even if members of the complement or b. Generality
passenger in Philippine waters. In the RPC it should be c. Irretrospectivity
committed by those who are not members of the d. Bill of attainder
complement or passenger in Philippine waters or in the e. Equal protection of the law
high seas.
d. P.D. 532 makes the act punishable if committed in any 198. Which of the following cannot be committed by culpa?
body of water whereas RPC makes it punishable if
committed in Philippine waters only. a. Arson
b. Intentional abortion, malicious mischief, estafa and
195. Between acts of lasciviousness and attempted rape, the mutilation
distinction is c. Homicide
d. Serious physical injuries
a. In the intent to penetrate the female organ and offender
actually commenced to force his penis into the 199. Between grave threat (GT) and grave coercion (GC), the
complainants sexual organ to make a case of attempted difference is:
rape
b. In attempted rape, overt acts showing indubitably that a. In GT, the wrong threatened is future and conditional
there is introduction of the penis into the aperture of the whereas in GC it is direct, immediate and personal
female organ thereby touching the labia of the pudendum b. In GT, the wrong threatened is always a crime which is not
c. AOL can be against both male and female whereas so in GC
attempted rape can only be against a female c. In GT, there is always a condition which is not so in GC
d. In attempted rape the victim can be under 12 whereas in d. GT cannot be done by means of an intermediary or in
AOL the victim should always be over 12 writing whereas GC can be
e. GT allows the court to impose bond to keep the peace
196. Between consented acts of lasciviousness and acts of which is not available in GC
lasciviousness:

a. AOL can be against male or female and the age does not
matter as long as it is under circumstances of rape
b. Consented AOL can be both against male or females and
under circumstances of seduction
c. Consented AOL requires that the offended be over 12 but
under 18 and committed under circumstances of rape
d. AOL can only be against a female who should be over 12
but under 18
e. AOL can be both against male and female who should be
over 12 but under 18
197. To what component of criminal law is express and implied repeal
relevant?
200. If a person tested positive for drug use and is also in possession
of drugs sold, he shall liable for:
a. Separate crimes of illegal possession and use of
dangerous drugs
b. Use of dangerous drugs only and illegal possession is
absorbed
c. Compound crime of illegal possession and use of
dangerous drugs
d. Complex crime of illegal possession of prohibited and
regulated drugs
e. Illegal possession of dangerous drugs only
201. Between robbery with violence against or intimidation of person
(VAIP) and robbery with force upon things (FUT), the difference 204. The Anti-fencing Law {PD 1612} covers:
lies in that:
a. Proceeds of theft or robbery only
a. The penalty for robbery with VAIP is based on the result of b. Proceeds of estafa and syndicated crimes only
the force, violence or intimidation employed whereas in c. Also proceeds usurpation
robbery with FUT, the penalty is based on the value of the d. The fruit of all crimes involving gain to the offender
thing taken
b. When both VAIP and FUT are present in the robbery, the
penalty shall be always for the robbery with VAIP
notwithstanding that the penalty for the robbery with FUT
would have been higher
c. Robbery with FUT is always committed in a dwelling
whereas with VAIP can be committed in a highway
d. In robbery with FUT, the penalty is always lesser than in
robbery with VAIP

202. In the crime of libel, truth of the imputation is not a defense if:

a. The imputation is against a public officer and the same

relates to his public function.
b. The imputation relates to a crime against any person
c. The imputation is against a public figure and the offender ANSWER KEY IN CRIMINAL LAW
shows good motives and justifiable ends in making the
imputation 1. A 34. A 67. D 100. B 133. B
d. The offended party is a private person and the offender 166. A 199. A
has not shown good motives and justifiable ends in making 2. D 35. C 68. B 101. B 134. A
the imputation 167. D 200. E
3. E 36. B 69. B 102. A 135. B
168. E 201. A
203. The rule of actual malice in libel requires that:
4. A 37. B 70. B 103. B 136. D
169. E 202. D
a. The statement must be made with actual malice
5. C 38. A 71. A 104. B 137. B
that is, with knowledge that it was false or with
170. A 203. A
reckless disregard of whether it was false or not
6. C 39. B 72. B 105. B 138. D
b. A rule placing on the accused the burden of showing the
171. D 204. A
truth of allegations of official misconduct and/or good
7. A 40. C 73. B 106. B 139. D
motives and justifiable ends for making such allegations
172. E
c. The statement should not be absolutely privileged
8. C 41. D 74. B 107. A 140. B
statement
173. C
d. The statement should not be made in a judicial or
parliamentary proceeding
9. D 42. D 75. B 108. A 141. B 22. A 55. D 88. D 121. D 154. D
174. E 187. E
10. A 43. D 76. D 109. B 142. D 23. C 56. B 89. A 122. A 155. A
175. A 188. B
11. D 44. E 77. B 110. A 143. A 24. D 57. C 90. B 123. D 156. B
176. D 189. C
12. E 45. E 78. A 111. A 144. A 25. C 58. D 91. A 124. C 157. F
177. A 190. E
13. E 46. A 79. F 112. C 145. C 26. C 59. A 92. A 125. D 158. D
178. A 191. B
14. A 47. D 80. A 113. A 146. C 27. E 60. C 93. B 126. A 159. A
179. C 192. D
15. A 48. E 81. D 114. B 147. A 28. D 61. C 94. C 127. D 160. A
180. E 193. E
16. A 49. C 82. E 115. A 148. B 29. B 62. D 95. D 128. D 161. C
181. B 194. C
17. D 50. A 83. E 116. C 149. C 30. A 63. B 96. B 129. C 162. C
182. B 195. A
18. E 51. C 84. C 117. A 150. A 31. A 64. C 97. A 130. D 163. D
183. D 196. A
19. E 52. E 85. B 118. C 151. A 32. B 65. C 98. E 131. B 164. A
184. A 197. C
20. B 53. C 86. B 119. D 152. D 33. C 66. C 99. D 132. D 165. D
185. B 198. B
21. E 54. D 87. E 120. E 153. E
186. A