CRIMINOLOGY BOARD EXAM DRILL IN CRIMINAL LAW 1 Page |1

1. All are wrongful acts done

that, at the time of their d. Mala selecta
although different from what was
execution, are unmistakably
calculated to produce the death
17. A grievous, wicked, perverse,
intended, except: evil is called ______ crime.
of the victim by adequate means.
a. Mistake of fact a. Overt act
Statement 2: There being no
b. Mistake in the blow b. Divine
conspiracy, liability will only
c. Mistake of identity c. Heinous
evolve around the participation of
d. None of the foregoing d. Natural
each individual.
2. If the host country has jurisdiction a. Statements 1 and 2 are correct 18. A crime which occurred on
over crimes committed on board b. Statements 1 and 2 are wrong board of a foreign vessel,
the vessel, as a general rule, it is c. Statement 1 is true, statement 2 which began when the ship
the is false was in a foreign territory and
a. French rule d. Statement 1 is false, statement 2 continued when it entered into
b. English rule is true Philippine waters, is
c. Spanish rule
d. Archipelagic rule
11. A child in conflict with the law is
a.
considered a
foreign crime
defined under RA no. 9344 as
3. Who has the power to enact a. A child who is alleged as,
b.
c.
national crime
transitory crime
penal laws? accused of, or adjudged as,
d. continuing crime
a. Constitution having committed an offense
b. Legislative branch under Philippine laws 19. The mental capacity to tell right
c. Judiciary b. A child who committed a crime from wrong is
d. The President c. A child who is already under a. providence
4. A wrongful act resulting from rehabilitation and has b.
c.
discernment
intent
malice. committed another crime
d. A child who is imprisoned or d. decision
a. Dolo
b. Culpa detained for committing a crime 20. The following are RPC
c. Felony 12. When a peace officer induces penalties, except?
d. Crime a person to commit a crime, a. Life imprisonment
5. It refers to any kind of body there is b. Prision mayor
c. Reclusion temporal
movement, external in nature a. Instigation, hence absolutory
b. Hot pursuit, hence exempting d. Reclusion perpetua
which has a direct connection
with the felony intended to be c. Instigation but the person has 21. Criminal liability is extinguished
committed liability by the following except:
a. Criminal Act d. Entrapment hence justified a. Death of the convict
b. Overt act 13. If the accused, who upon before final judgment.
c. Criminal intent seeing the victim steal his b. Absolute pardon.
d. Freedom of action carabao shot the supposed c. Prescription of the
6. Light felonies are punishable only thief, there is crime.
d. Pardon by the offended
when they are: a. Passion and obfuscation
b. Immediate vindication party.
a. Attempted
b. Frustrated c. Treachery 22. A vessel is not registered in the
c. Consummated d. Evident premeditation Philippines. A crime is
d. All of the foregoing 14. Accomplices know the criminal committed outside Philippine
7. Pickpocketing an empty wallet is design and territorial waters. Then the
vessel entered our territory.
a. A legal impossibility a. Decide to commit it
b. Agree to cooperate in its Will the Revised Penal Code
b. A physical impossibility
execution apply?
c. Not a criminal act
c. Performed subsequent acts a. Yes, due to the generally
d. An impossible act
d. All of the foregoing accepted rules in
8.
15.
All crimes do not admit a international law
frustrated stage, except: Which among the following
b. No, our courts cannot take
a. Direct assault does not constitute a ground
cognizance of the case
b. Rape for the extinguishment of
c. Yes, because the crime is
c. Arson criminal liability?
continuing
d. adultery a. Absolute pardon
d. No, Philippine courts does
b. Death of the offended party
9. A statement of fact, a formal before final judgment.
not have jurisdiction over the
accusation of a crime is called: crime
c. Service of sentence
a. Information d. Prescription of the penalty 23. During a heated argument, A, a
16.
b. Blotter seaman of Chinese nationality
c. Summons Illegal possession of a firearm
choked to death B, a Filipino, on
d. Indictment is a crime.
board a ship not registered in
a. Mala delicta
10. Statement 1: Homicidal intent b. Mala prohibita
the Philippines while in the high
must be evidenced by the acts seas. C, a Filipino, owns the
c. Mala in se
 CRIMINOLOGY BOARD EXAM DRILL IN CRIMINAL LAW 1
ship. Do Philippine courts have
jurisdiction over the case?
a. Yes, the rule on territoriality
applies since the owner of the
ship is a Filipino
b. No, the rule on territoriality does
not apply since the ship is not
registered in the Philippines
c. Yes, the rule on territoriality
applies since the crime was
committed on board a Philippine
ship
d. No, the rule on territoriality does
not apply since the Philippine
courts have no jurisdiction over
crimes committed on the high
seas on ship not registered in
the Philippines
24. If A, a passenger in a jeepney
seated in front of a lady, started
putting out his tongue suggesting
lewdness, there is
a. an overt act causing injury
on the lady
b. an overt act in
contemplation of criminal law
c. an overt act constituting
culpa
d. no violation of the law
25. Jose wanted to kill Andres, his
arch enemy. He got his gun and
went to the house of Andres.
However, when he got there, he
saw that Andres was already
dead, as he hung himself with a
rope. Still filled with anger, Jose
took out his gun and began to
shoot at the corpse of Andres. Is
there an impossible crime?
a. Yes, it was already impossible
for Jose to kill Andres
b. Yes, there was a criminal
tendency on the part of Jose
regardless of the fact that
Andres was already dead
c. No, there was no evil intent on
the part of Jose
d. No, there was no way Jose
could have known that
Andres was already dead
26. Chief of Police Bikoy and his
co-accused Patrolman Vice
were under instructions to
arrest Boy Adik, a notorious
criminal and escaped convict.
The officers proceeded into the
suspected house and upon
seeing a man sleeping with his
back facing them,
simultaneously fired revolvers.
The victim turned out to be Boy
Gorilla, an innocent man. Are
the police officers criminally
liable?
a. Yes, it cannot be considered a
mistake of fact because they
failed to inquire on the identity of
the man
b. Yes, it cannot be mistake of fact
because the police officers were
deliberate
c. No, because the notorious man
and the lives of the police
officers are in danger if they
tried inquiring on the suspect’s
identity
d. No, because they can be justified
under mistake of fact
27. The accused, without intent to
kill, struck the victim with his fist
on the back part of the head,
causing the victim to fall down
with his head hitting the asphalt
which caused his sudden death.
Is the accused criminally liable?
a. Yes, since the injurious result
of striking the head is greater
than intended
b. No, since there has been a
mistake in the identity of the
victim
c. Yes, because the victim
sustained serious wounds
which resulted from the
mistake in the blow of the
accused
d. No, because the accused did
not have any intent to kill the
victim
28. If A, pointed a gun to B, telling B
“I will kill you” but without pulling
the trigger, the felony is
a. Attempted homicide
b. Frustrated grave coercion
c. Consummated grave threat
d. Attempted grave threat
29. Peter John induced his friend
John Lloyd, in consideration of
money, to kidnap a girl he is
courting so that he may succeed
in courting her and eventually
making her accede to marry him.
John Lloyd asked for more
money which Peter John failed to
put up. John Lloyd got angry and
reported the matter to the police.
May Peter John be charged with
attempted kidnapping?
a. Yes, intent to commit a crime
is sufficient to convict
b. Yes, because he
communicated his desire to
kidnap
c. No, he may not be charged for
attempted kidnapping but he
may be charged for robbery
d. No, since he has not
commenced the kidnapping
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30. Jose wanted to kill Andres, his
arch enemy. He got his gun and
went to the house of Andres.
However, when he got there, he
saw that Andres was already
dead, as he hung himself with a
rope. Still filled with anger, Jose
took out his gun and began to
shoot at the corpse of Andres. Is
there an impossible crime?
a. Yes, it was already impossible
for Jose to kill Andres
b. Yes, there was a criminal
tendency on the part of Jose
regardless of the fact that
Andres was already dead
c. No, there was no evil intent on
the part of Jose
d. No, there was no way Jose
could have known that Andres
was already dead
31. Policeman Ryes and Corpus
apprehended a suspect named Raul
and escorted him in their jeep to bring
him to the police station. Suddenly,
Raul Raul grabbed Reyes’ M16 rifle
and jumped out of the jeep. Corpus
saw Raul’s act of grabbing the M16
and attempt to escape. He acted
immediately and fire his own M16 rifle
at Raul. No warning shot was issued.
Raul died. Corpus invoked the
justifying circumstance of fulfilment of
duty as defense. Will the defense
prosper?
a. Yes, a policeman in the
performance of his duty is
justified in using the force
reasonably necessary in
securing and detaining the
offender
b. No, the force used was not
reasonably necessary.
Circumstance show that Raul
was merely attempting to
escape and not shoot at
Reyes.
c. Yes, there was unlawful
aggression on the part of Raul
when he forcibly took the M16
rifle away from Reyes.
d. No, fulfilment of duty requires
that a warning shot should first
be released before the
shooting of a convict is
justified.
32. If a policeman effected the
abduction of the offended party when
he was then wearing his uniform,
there is an aggravating circumstance
of
a. Craft
b. Taking advantage of position
c. In contempt of public authority
d. Disregard to rank
 CRIMINOLOGY BOARD EXAM DRILL IN CRIMINAL LAW 1 Page |3
33. Conflagration means
d. No statement is correct
a. Holocaust 39. Who among the following
b. Huge plague offender are not entitled to a
c. Massive calamity deduction of their preventive
d. Great fire causing massive ruin imprisonment from the term of
34. The victims were like a flock of
a.
imprisonment?
An accused sentenced to life
sheep waylaid and ferociously
imprisonment.
attacked by a pack of ravening wolves
b. An accused who has undergone
indicates, instantly killing them
preventive imprisonment when
indicates attendant circumstance of
the offense charged is non-
a. Abuse of superior strength
bailable or even if bailable he
b. Treachery
cannot furnish the requirement
c. Evident premeditation
bail.
d. Passion and obfuscation
c. An accused undergone
35. When A learned that the police preventive imprisonment for a
was looking for him for the death of B, period equal to or more than the
he immediately went to the police possible maximum
station where he confessed to the imprisonment of the offense
killing of B. He had a pending warrant charge to which he may be
of arrest issued 5 day before his sentenced and his case is not
surrender. There is a mitigating yet terminated.
circumstance of d. An accused who is a habitual
a. Voluntary surrender delinquent.
b. Voluntary plea of guilt
c. Both a and b
40. A was convicted of a crime committed
on July 16, 2008 punishable by death
d. No mitigating circumstance
penalty. The court sentenced him to
36. A concocted with B a plan to reclusion perpetua since the
seduce C. A proposed marriage to C, imposition of death penalty is
which proposal was accepted, and the prohibited. Which of the following
marriage was celebrated by B, who statements is true vis-a-vis R.A.
pretended to be a Protestant minister. 9346?
The crime committed by A and B is a. Court can still impose the
seduction thru usurpation of public death penalty if the crime
functions which is a: committed is punished under a
a. Compound crime special law.
b. Complex crime proper b. Person convicted of reclusion
c. Continuing crime perpetua or whose sentences
d. Special complex crime reduced to reclusion perpetua
37. Statement 1: For collective shall not be eligible for parole.
criminal responsibility to be c. R.A. 9346 also prohibits the
established, it is not necessary that grant of executive clemency.
conspiracy be proved by direct d. R.A. 9346 reduces all felonies
evidence of a prior agreement to punishable by reclusion
commit the crime. perpetua or death by one
Statement 2: The simultaneous acts of degree.
peppering the victims' jeepney with
bullets, and thereafter chasing the
vehicle to prevent its escape, were
undoubtedly in pursuance of a
common felonious design.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. No statement is correct
38. Statement 1: Probation is
mandatory to all convicted felons
convicted of crime punishable by
prisioncorreccional or below.
Statement 2: Probation allows appeal
as an available remedy.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct