101. The crime of _______________ is not committed when the purpose of is to prevent b.

Murder or homicide is committed

some c. The crime is rebellion, sedition and attempted coup
serious harm to the person entering or to the occupants or third persons. d. It is high powered
a. Trespass to property
b. Trespass to dwelling 108. The indispensable elements of death caused in a tumultuous affray are: the persons
c. Malicious mischief involved in the affray are not _______________ for the purpose of assaulting and
d. Grave coercion attacking each other, and that the ones who actually killed or inflicted serious injury to the
e. A and B deceased cannot be _________________.
a. Organized and identified
102. ___________________ can give rise to robbery if it is immediate but conditional and b. Unorganized and unidentifiable
with c. Organized and participants in the affray.
demand for money or any consideration, threat if future and conditional, or coercion if d. Unorganized and participants in the affray.
direct, immediate and personal.
a. Intimidation 109. In the crime of illegal discharge of firearm it is necessary that the firearm be discharged
b. Fraudulent machination at
c. Deceit another but without _________________.
d. Chicanery a. Bullets
b. Intent to kill
103. _______________ abortion cannot be committed by the woman herself because it c. Hitting the victim
requires infliction of violence against her person. d. Killing the victim
a. Intentional
b. Unintentional 110. When there is no injury but pain is caused to the victim, the crime is
c. Both ________________.
d. culpable a. Ill-treatment or maltreatment
104. The nature of the relationship of the offender and the victim in parricide must be by b. Slight physical injuries
blood, c. Malicious mischief
legitimate and __________________. d. Unjust vexation
a. Ascending line
b. Direct line 111. ___________________ is not an element of kidnapping, hence, the crime can be
c. Collateral committed even without such, but when demanded, the crime becomes kidnapping and
d. Descending line serious illegal detention and the penalty shall be death.
a. Ransom
105. Though the offender is the parent, if the victim of the killing is a child less than three b. Deprivation of liberty
days c. Coercion
old, the crime is ________________. d. Threat
a. Parricide
b. Infanticide 112. The distinction between kidnapping with rape and forcible abduction with rape is the
c. Abortion presence or absence of _________________.
d. Murder a. Taking
b. Intent to rape
106. Homicide is the killing of any person which does not constitute parricide, murder or c. Lewd designs
infanticide and is not _________________. d. Lascivious conduct
a. Intentional
b. Justified 113. Kidnapping of a minor cannot be committed by his parents as expressly provided for in
c. Accidental Article 267.
d. Suicide a. True
b. False, it can be committed when the parents are separated legally.
107. Illegal possession of firearm is committed provided that: c. False, the child can be adult.
a. No other crime is committed d. False, the child must be a woman.
 not using the nomenclatures under the revised penal code.
114. The distinction between estafa and malversation is that in estafa committed by public
officers, the offender is not: 121. Over what offenses are persons below 18 years exempt from criminal prosecution?
a. A treasurer a. Vagrancy and prostitution under Article 202 0f the Revised Penal Code
b. An accountable public officer b. Mendicancy under P.D No. 563
c. An administrator of funds c. Sniffing of rugby under P.D. No. 1619
d. A disbursing officer d. All of the above such prosecution being inconsistent with the United Convention on
the Rights of the Child
115. Highway robbery is different from robbery committed in a highway in that in the former
the 122. May a person charged with homicide by stabbing be convicted when the cause of death
victim is not: was drowning?
a. Preconceived. a. No, because it is a hornbook doctrine that an accused cannot be convicted of an offense
b. Arbitrary. unless it is clearly charged in the complaint or information.
c. Indiscriminate. b. Yes, since it is only the cause of death, which has charged or subsequently
d. Isolated. discovered the crime is still homicide.
c. Yes, because there is no such requirement of law for conviction
116. Malicious mischief is destruction of property which is not _______________ and the
means used is not ________________. 123. Which of the following statements is true?
a. Mail matter and by tearing a. The conviction for fencing, which involves moral turpitude, subsists and remains
b. Dwelling and occupation totally unaffected notwithstanding the grant of probation.
c. Large cattle and fire b. The legal effect of probation is only to suspend the execution of the sentence.
d. Vehicle and carnapping c. Only A is correct
d. A and B are correct

117. Status crimes refers only to: 124. May a convict who appealed his conviction still be qualified for probation?
a. Crimes committed by minors a. Yes, there is no prohibition provided by law.
b. Crimes committed by adults b. Yes especially if an appeal is taken solely to reduce the penalty (in order to qualify
c. Crimes committed by males for probation).
d. Crimes committed by females c. No, Section 4 of the Probation Law clearly mandates that no application for probation
shall be entertained or granted if the defendant has perfected the appeal from the
118. Juveniles who commit crimes are classified into: judgment of conviction.
a. Children in conflict with the law
b. Children at risk 125. What damages are recoverable from death arising from the commission of crime?
c. Both A and B a. Civil indemnity ex delicto and actual damages
d. Over 15 and under 18 b. Moral and exemplary damages
c. Attorney’s fees, expenses of litigation and interest in proper cases
119. Suspension of sentence is available to a minor delinquent d. All of the above
a. If he acted with discernment
b. If he agreed to a diversion program 126. May moral damages be additionally awarded in case of rape or acts of lasciviousness
c. If he is still a minor when sentence is promulgated without need of proof?
d. Even if he is no longer a minor when sentence is promulgated a. Yes, it is assumed that the victims suffered damages.
b. Yes, because it is the proper thing to do
120. When the crime committed by the convict is penalized with death. c. No, because it is indispensable that damages suffered must be proved.
a. The penalty shall be reduced to reclusion perpetua
b. The penalty shall be suspended 127. Which of the following Statements is true?
c. The convict shall be given reprieve a. The reviewing tribunals cannot correct errors which are unassigned in the appeal.
d. The penalty shall be life imprisonment b. An appeal in a criminal case opens the entire case for review.
e. The penalty shall be either reclusion perpetua or death penalty depending upon c. The reviewing tribunal can reverse the lower courts decision on ground other than
whether the law violated is penalized under the revised penal code or special law those the parties raised as errors.
d. Both B and C are correct 135. May the principle of delicto continuado be applied to special law?
a. No, unless the special law so provides.
128. Which of the following is a correct statement? b. Yes, since under Article 10 of the Revised Penal Code, the Code shall be
a. Motive is generally held to be immaterial because it is not an element of the crime. supplementary to special laws.
b. Motive becomes important when the evidence on the commission of the crime is c. No, it strictly applies to crimes punished by the Revised Penal Code,
purely circumstantial or inconclusive.
c. Only A is correct. 136. Which of the following is a continuing crime?
d. Both statements are correct. a. Rebellion, insurrection and conspiracy and proposal to commit such crimes
b. Squatting and violation of BP 22
129. What is not an objective of Probation law? c. None of the above
a. To promote correction and rehabilitation of the offender by giving him individualized d. All of the above
treatment.
b. To provide a better opportunity for the penitent offender to reform 137. Which of the following statement is FALSE?
c. To promote further commission of crimes as he is placed under the supervision of a. Probation is a mere privilege not a right
probation officer b. Its benefits can extend to those expressly excluded
d. To decongest our jails c. Probation is not a right of the accused but rather an act of grace and clemency or
immunity conferred by the state which may be granted by the court.
130. The following are the other kinds of plurality of crimes where a single penalty is
imposed. 138. The following are the causes of partial extinction of criminal liabilities. Which is
Which is not included? excluded?
a. Composite crimes or special complex crimes a. Conditional pardon
b. Continued crime or delito continuado b. Commutation of sentence
c. Continuing crimes or transitory crimes c. Good conduct allowance
d. Simple crime d. Absolute pardon
131. What is the effect when one of the crimes in information charging complex crimes is not 139. Who owes allegiance to the Philippines?
proved? a. A citizen or subject who owes permanent allegiance
a. He will not be convicted of any crime b. A foreigner who owes temporary allegiance
b. The accused can be convicted of the other. c. Only government employees
c. The case will be dismissed d. Both A and B

132. When may the employer’s subsidiary civil liability be enforced? 140. Who are the persons authorized by law to expel or compel persons to change abode?
a. When the judgment of conviction becomes final a. People from NBI and Bureau of Customs
b. When the judgment of conviction is rendered b. Only the president of the Philippines and the courts after final judgment sentencing
c. When the convicted employee is insolvent the accused to destierro or as a condition in his probation
d. When the judgment of conviction becomes final and convicted employee is insolvent c. Both A and B
d. Answers not given
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 141. Can direct assault be committed during rebellion or sedition?
under the law. a. Yes, otherwise offenders will be freed from liability
b. No, the notice of dishonor must be in writing, a verbal notice is not enough. b. No, because direct assault requires that there should be no public uprisings.
c. Answer not given c. Yes, there is no qualification in the law.
d. Answer not given
134. If the drawer or maker is an officer of the corporation is notice of dishonor to said
corporation sufficient? 142. What variant crimes can arise from discharge of fire arms?
a. No, the notice of dishonor to the said corporation is not notice to the employee or a. Alarms and scandals
officer who drew or issued the check for and in its behalf. b. Threat
b. Yes, the demand on the corporation constitutes demand on the officer or employee. c. Grave coercion
c. Yes, constructive notice to the corporation is enough to satisfy due process. d. All of the above
e. None of the above
143. Who is the offender in Article 156 or delivery of Prisoner from jail?
a. The offender is a person who is not the Custodian of the prisoner at the time of the
commission of the offense
b. The Custodian of the prisoner
c. Any policemen
144. Is good faith a defense in falsification?
a. Yes, there is no falsification of a public document if the acts of the accused are
consistent with good faith
b. Yes, as a liberal interpretation of criminal law in favor of the accused
c. No, since misstatements or erroneous assertions in a public document will give rise
to falsification even if it is made in good faith.
145. Will the use of another name in a particular instance constitute use of an alias?
a. Yes, since the law does not distinguish
b. No, as an application of the doctrine that criminal laws shall be interpreted in favor of
the accused
c. No, since the use of a fictitious name or a different name belonging to a single
person in a single instance without any sign or indication that the user intends to be
known by this name in addition to his real name from that day forth does not fall
within the prohibition contained in CA No. 142.
146. Which of the following is not true regarding the significant changes brought about by
R.A
9165 or the Comprehensive Dangerous Drugs Act of 2002
a. The penalty is no longer based on the quantity involved except in the case of
possession
b. The penalties under the special penal laws such as life imprisonment are revived and
the nomenclatures of the Revised Penal Code were deleted from the law.
c. Use of Dangerous Drugs under Section 15 now does not have graduated penalty
147. Is the plunder law void for being vague?
a. No, since it contains ascertainable standards and well defined parameters which
would enable the accused to determine the nature of his violation
b. Yes, since there are some unexplained terms
c. Yes, since it did not explain difficult words used.
148. What kind of crime is Plunder?
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
149. Which of the following is TRUE?
a. Preventive suspension is a penalty
b. Preventive suspension is a result of judicial proceeding
c. If acquitted, the official concerned shall be entitled to reinstatement and to the
salaries and benefits which he failed to received during the suspension
150. In the case of parricide, if the information failed to mention that the offender and the
offended party are married can the former be convicted to parricide?
a. No, that will violate his right to information of the nature of the charge against him
b. Yes, the same can be proved even during the trial.
c. Yes, since the same is not required by law.
151. Legislative acts which prohibit certain acts and establish penalties for their violations are
a. Penal laws
b. Contained in the Revised Penal Code
c. Public laws
d. Remedial laws
e. Substantive laws
152. The following cannot have retroactive application:
a. Law which makes the penalty for offenses heavier than when committed
b. Law which alter the rules of evidence so as to make it substantially easier to convict
a defendant.
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.
153. It is the belief of its proponent that penal laws should be directed against the actual or
potential wrongdoer and that opportunism and materialism should not be encouraged.
a. Positivist theory
b. Classical Theory
c. Ecclectic Theory
d. Juristic Theory
e. Utilitarian Theory
154. Crimes mala prohibita are:
a. Generally embodied in the Revised Penal Code
b. Punishable with life imprisonment and never with reclusion perpetua
c. Always wrong acts hence should be penalized
d. Generally not required to be attended by malice and evil intent
e. Heinous crimes
155. Under the positivist or realistic theory, the penalty to be imposed on the convict should
be
a. For the purpose of reforming the convict
b. Should be equal to the crime committed without regard to the personal attribute of
the offender
c. Predetermined on the basis of the gravity of the offense
d. Not mitigated by the factors like the social and behavioral environment of the convict
156. Conspiracy is not a crime but a means to incur criminal liability
a. The statement is false because there are conspiracies especially punished by law
b. The statement is false because conspiracy can be both a crime and a means of
incurring criminal liability 162. The following statement on the relationship between the Revised Penal Code and
c. The statement is absolutely true special penal laws are true:
d. The statement is false because conspiracy is an aggravating circumstance a. The Revised Penal Code shall have suppletory effect on special penal laws unless
e. The statement is false because conspiracy is qualifying circumstance the latter shall specially provide the contrary.
b. The offenses punished under special laws are not subject to the provisions of the
157. Justifying and exempting circumstances allow the actor to escape criminal liabilities. Revised Penal Code
Aside from these circumstances, other factors likewise prevent the incarceration of a c. The Revised Penal Code shall have suppletory effect on special penal laws when it
wrongdoer except for: uses the nomenclature of penalties under the former.
a. Probation d. The Revised Penal Code shall have suppletory effect on special penal laws when the
b. Absolutory cause court is given discretion in the application of penalties.
c. Mistake of fact
d. Absolute pardon 163. Which of the following is not true:
e. Amnesty Armed men who participate in the commission of a felony:
f. Indeterminate Sentence Law 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
158. Sufficient provocation as an element of self defense and as a mitigating circumstance c. Have greater criminal liability for being members of organized crime syndicate
are formed for the commission of crimes for economic gains
differentiated as follows: d. Are liable for robbery with homicide qualified by band pursuant to Article 294
a. As an element of self defense, there must be sufficient provocation on the part of the subdivision 1 in relation to Articles 295 and 296 of the Revised Penal Code
offended party
b. As a mitigating circumstance, sufficient provocation must come from the offender 164. Penalties under the Revised Penal Code are imposed on the principal offenders and in
c. As an element of self defense, there must be no provocation on the part of the the consummated stage. They are classified into principal penalty which must be expressly
offended stated in the dispositive portion and accessory penalty which follow the principal penalty to
d. As a mitigating circumstance, there must be sufficient provocation on the part of the which it is attached by operation of law.
offended party; the exact opposite must obtain in self defense a. Both statements are true
e. Sufficient provocation in either case must be absolutely lacking b. The first statement is true and the second is false because the accessory penalty
must also be expressly stated in the decision
159. Pursuant to R.A. No. 9344, a minor less than 18 years old can be absolutely exempt from c. The second statement is true but the first is false because there are penalties
criminal liability imposed on the accessory and the accomplice
a. If he acted without discernment although he is 17 years old d. Both statements are false because there are penalties imposed on the accessory
b. If the minor committed an offense which is victimless and the accomplice and accessory penalty must also be expressly stated in the
c. If the minor is mentally retarded decision
d. If the minor admits his crime voluntarily
e. If the offended party pardons the minor 165. Habitual delinquency and recidivism are similar in that:
a. Both are generic aggravating circumstance
160. Because crimes require criminal intent, the act is not criminal b. Both increase the penalty to the maximum period
a. When the mind is not criminal c. Both require the commission of the same offense at least thrice
b. When the crime is malum prohibitum d. They require the commission of felonies in the same title such as robbery and estafa
c. If the offender is illiterate under Crimes against Property and serious and less serious physical injuries under
d. When the offender acted negligently Crimes against Persons
e. When the offender is suffering from schizophrenia
166. Special complex crimes and complex crimes may be compared as follows:
161. Motive is not relevant in the following cases except: a. Special complex crimes are especially provided for under Book II of the Revised
a. When the identity of the accused is certain. Penal Code by specifying the crimes composing the indivisible felony and the penalty
b. When direct evidence in the case obtains. therefor; Article 48 on complex crimes gives the general rules on what crimes can be
c. When the act brings about variant crimes complexed and the penalty shall be for the most serious in the maximum period
d. When credible eye witnesses point to the accused as the offender b. Both specie of crimes can be committed by negligence
c. In special complex crimes when one of the composite crime is not proved, the
accused cannot be convicted of the other
d. In complex crimes, the “excess” crimes committed are absorbed so that forcible
abduction with multiple rapes constitute only one offense
167. Which of the following is not a requirement for the employer to be civilly liable for the
crime of his employee?
a. The judgment of conviction must be final and executory
b. The employer-employee relationship is proved
c. The convict is insolvent
d. A hearing for the purpose of determining whether or not the employer is civilly liable
has been held
consummated stage and one or two degrees lower for the frustrated or attempted
stage and for the accomplices or accessories should be counted from reclusion
perpetua which is the actual penalty imposed on the principal.
172. Self defense is a justifying circumstance whereas accident is an exempting circumstance
a. The statement is true because the act of the actor is legal
b. The statement is false because accident is a justifying circumstance
c. The statement is false because self defense is a mitigating circumstance
d. The statement is false because both are alternative circumstances
e. The statement is true because Articles 11 and 12 respectively provides so

168. The rule which allow a crime to be committed without criminal intent is called: 173. The phrase aggravating circumstance can have both liberal and strict construction, thus:
a. Res ipsa loquitor a. Aggravating circumstance is strictly construed if the crime committed is against
b. Actus non facit reum nisin mens sit rea persons
c. Quid pro quo b. It is liberally construed if the crime committed is against property
d. Ex post facto c. It is strictly construed if it will raise the penalty to death and consequently shall only
e. Malum prohibitum be exclusively taken from Article 14
d. It is liberally construed to include all kinds of aggravating circumstance
169. A crime committed outside the Philippine territory is not triable in the Philippines
because 174. Which of the following is/are granted in addition to the civil indemnities granted to the
Philippine criminal law victim
a. Adheres to the generality principle of a crime and/or his heirs when such is attended by qualifying circumstances:
b. Prohibits retroactive application of penal law a. Indemnity for the mere fact of commission of crime such as rape or killing
c. Is subject to treaties and laws of preferential character b. Loss of earning capacity of the victim in case of killing
d. Subscribes to the law of nations c. Actual damages such as hospitalization and funeral expenses
e. Is territorial in character d. Support to those who are not compulsory heirs of the victim whom he is obliged to
support for not more than five years
170. The death penalty cannot be imposed on a accused who committed a heinous crime e. Moral and exemplary damages to the victim and/or his heirs for moral suffering
because caused by the crime
a. Congress has enacted R.A. 9346 which prohibits its imposition
b. The Philippine Constitution prohibits its imposition 175. The husband who has sexual intercourse with a married woman can be liable for
c. Death penalty is inhuman adultery and concubinage for the same act.
d. The Philippine is a part of Christendom a. True because his act offends against two provision of the law and against diffeent
e. Philippine judicial system is defective offended parties - his wife and the husband of the married woman
b. False because that will violate the constitutional proscription on double jeopardy
171. What is the effect of R.A. 9346 banning the imposition of the death penalty on the c. True because his act is contrary to morality
penalty d. False because the adultery is a crime by the married woman
for accomplices and accessories or for attempted or frustrated felonies punished by death e. True because the two provisions on adultery and concubinage are separate and
penalty? distinct from one another.
a. The penalty for the accomplice in the consummated felony punished by death shall
be the same as the principal (reclusion perpetua) for R.A. 9346 only affected the 176. One of the following is not entitled to the benefits of Indeterminate Sentence Law
principal offender whose penalty is death. a. Those who are sentenced to a maximum penalty not exceeding one year
b. The penalty for the frustrated felony punished by death shall be the same as for the b. Where the offense committed is punished by death or life imprisonment
consummated because R.A. 9346 only affected the consummated felony punishable c. Where the penalty imposed is the single indivisible penalty of reclusion perpetua
by death. pursuant to Article 63 of the Revised Penal Code
c. Two degrees lower than death penalty or reclusion temporal shall be imposed on the d. Recidivist and those on parole
attempted stage pursuant to Article 71 (graduation of penalties) in relation to Article e. Habitual delinquents
61 (rules for graduating penalties).
d. The penalty shall be reclusion perpetua for the principal offender in the
177. Which of the following statement is true as regards the Indeterminate Sentence Law a. The penalty on the person guilty of a complex crime
(ISL) and Probation Law (PL) b. A penalty composed of three distinct penalties the lowest of which shall be the
a. Probation is a privilege whereas ISL is mandatory minimum, the next higher the medium and the highest the maximum.
b. ISL does not require imprisonment for the convict whereas PL does c. The penalty on compound crimes
c. ISL disqualifies second time offenders which is not true with the PL d. The penalty on special complex crime
d. ISL is available even if the penalty is fine only whereas PL is for prison sentence only e. The penalty on continued and continuing crimes
e. Habitual delinquents are not disqualified for both PL and ISL
183. Under R.A. 9344, the minor in conflict with the law who is adjudged criminally liable can
178. Qualifying circumstance for murder not pleaded but proved is considered as generic avail of suspended sentence
aggravating a. If he acted with discernment
a. The statement is true due to the amendment in the Revised Rules of Court b. If he agreed to a diversion program
b. The statement is false because this is prejudicial to the accused c. If he is still a minor when his sentence is promulgated
c. The statement is partially true because only in case of death penalty shall the rule d. Even if he is no longer a minor when his sentence is promulgated
apply
d. The statement is partially false because it is the Revised Penal Code which made 184. Status offenses refers only to:
the amendment a. Crimes committed by minors
e. The statement is true but not because of the amendment of the Revised Rules of b. Crimes committed by adults
Court c. Crimes committed by males
d. Crimes committed by females
179. There are four kinds of aggravating circumstances. One of them is e. There is no such crime
a. Organized crime syndicate
b. Ordinary circumstance 185. Robbery with serious physical injuries requires that the injury inflicted be one that is
c. Qualifying circumstance punished under:
d. Privileged circumstance a. Article 264 on serious physical injury by administering injurious substances
b. Article 263 on serious physical injury by wounding, beating or assaulting
180. Prior to R.A. 9346, there are how many ways of imposing the death penalty? c. Article 265 on less serious physical injury
a. Only one, for heinous crimes under R.A. 7659, the death penalty law d. Article 262 on mutilation
b. Three ways, Under R.A. 7659, under the Revised Penal Code and under other e. Article 265 on slight physical injury
special laws
c. Four ways, under the three in letter (b) above, and under the Constitution 186. Theft is qualified when:
d. No way, for the President has always reprieved the convict or reduced his penalty to a. There is abuse of confidence or taking advantage of the occasion of calamity
life or reclusion perpetua b. What is taken is official document
e. Two ways, via death as an independent penalty pursuant to R.A. 7659 or thru the c. The thing taken is mina bird or other endangered species
ranged penalty of reclusion perpetua to death under the Revised Penal Code d. The offender is a clerk of a trading company
e. The thieves are armed with unlicensed firearm
181. The three fold rule is a beneficial mode of computing the penalty to be served by the
convict when there are several penalties imposed which cannot be served simultaneously. 187. Possession or use of unlicensed firearm shall have the following effects except for one:
The rule operates as follows: a. It shall be absorbed in the commission of rebellion, insurreccion, sedition, attempted
a. The judge shall sentence the accused to three times the most severe of all the coup d’etat
penalties imposable on the convict b. It shall aggravate the crime of homicide or murder
b. To prison director shall add up all the penalties imposed on the convict and compare c. It shall not be charged as a crime if any other crime involving such licensed firearm is
the same to three times the most severe penalty. The convict shall serve the lesser committed
of the two which shall in no case exceed forty years. d. It shall be aggravated by the fact that the offender is under the influence of drugs.
c. The judge shall sentence the accused to forty years in prison when all the penalties e. It shall aggravate the crime of robbery with homicide.
imposable on the convict shall exceed forty years
d. The court shall multiply the most severe penalty by 4 and impose on the convict 188. Custodial investigation requires that the inquiry by peace officers shall be inculpatory
whatever is the result of such. against the
a. Subject of criminal investigation
182. A complex penalty is b. Suspect in the commission of a crime
c. Accused in a criminal case 194. Piracy under the Revised Penal Code and piracy under P.D. 532 are both good laws and
d. Detention prisoner co-existing independently. The distinction between the two is mainly that:
e. Fugitive from justice a. Under the RPC, piracy is triable only in the Philippines whereas under P.D. 532, it is
triable by any country.
189. When acts of violence by the offender hastened the death of a person who has a b. The RPC recognizes that piracy can be committed by any person even if members of
lingering the complement or passenger; in P.D. 532 it is committed only by the complement of
heart ailment: the vessel.
a. The offender shall be liable for serious physical injuries c. P.D. 532 declares that the offense can be committed by any person even if members
b. The offender shall be liable for reckless imprudence resulting to homicide of the complement or passenger in Philippine waters. In the RPC it should be
c. The offender shall be criminally liable because his act is the proximate cause of the committed by those who are not members of the complement or passenger in
death of the victim Philippine waters or in the high seas.
d. The offender shall not be criminally liable because the heart attack is an efficient d. P.D. 532 makes the act punishable if committed in any body of water whereas RPC
intervening cause makes it punishable if committed in Philippine waters only.
e. The offender shall be criminally liable because his act is the direct cause of the death
of the victim 195. Between acts of lasciviousness and attempted rape, the distinction is
a. In the intent to penetrate the female organ and offender actually commenced to force
190. Voluntariness as an element of a felony is true only when the crime is: his penis into the complainant’s sexual organ to make a case of attempted rape
a. dolo by performing an act with deliberate intent b. In attempted rape, overt acts showing indubitably that there is introduction of the
b. dolo by omitting to perform an act required by law penis into the aperture of the female organ thereby touching the labia of the
c. culpa pudendum
d. a malum prohibitum c. AOL can be against both male and female whereas attempted rape can only be
e. all kinds of crime where the offender has intelligence and freedom of action against a female
f. d. In attempted rape the victim can be under 12 whereas in AOL the victim should
always be over 12

191. The following is not a heinous crime: 196. Between consented acts of lasciviousness and acts of lasciviousness:
a. Qualified piracy and qualified mutiny a. AOL can be against male or female and the age does not matter as long as it is
b. Highway robbery where the victim is killed under circumstances of rape
c. Incestuous rape of a child under 18 b. Consented AOL can be both against male or females and under circumstances of
d. Robbery with homicide seduction
e. Destructive arson resulting to homicide c. Consented AOL requires that the offended be over 12 but under 18 and committed
under circumstances of rape
192. The following crimes preclude the filing of a separate charge for the second offense d. AOL can only be against a female who should be over 12 but under 18
committed in the course or as a result of such crimes: e. AOL can be both against male and female who should be over 12 but under 18
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 197. To what component of criminal law is express and implied repeal relevant?
result. a. Territoriality
c. Bribery resulting to falsification of public documents when the public officer agreed to b. Generality
issue a false certification in consideration of the consideration given by the corruptor c. Irretrospectivity
d. Falsification of private document to facilitate the commission of estafa d. Bill of attainder
e. Equal protection of the law
193. A child at risk is one who:
a. Committed an intentional felony 198. Which of the following cannot be committed by culpa?
b. Was raised in a family of drug traffickers a. Arson
c. Is under 15 yrs of age b. Intentional abortion, malicious mischief, estafa and mutilation
d. Is over 15 but under 18 who committed a crime c. Homicide
e. Is raised in a dysfunctional environment and/or household which makes him prone to d. Serious physical injuries
commit a crime
199. Between grave threat (GT) and grave coercion (GC), the difference is:
a. In GT, the wrong threatened is future and conditional whereas in GC it is direct,
immediate and personal
b. In GT, the wrong threatened is always a crime which is not so in GC
c. In GT, there is always a condition which is not so in GC
d. GT cannot be done by means of an intermediary or in writing whereas GC can be
e. GT allows the court to impose bond to keep the peace which is not available in GC

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 lies in that:
a. The penalty for robbery with VAIP is based on the result of the force, violence or
intimidation employed whereas in robbery with FUT, the penalty is based on the
value of the 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 shows good motives and
justifiable ends in making the imputation
d. The offended party is a private person and the offender has not shown good motives
and justifiable ends in making the imputation

203. The “rule of actual malice” in libel requires that:

a. The statement must be made with actual malice — that is, with knowledge
that it was false or with reckless disregard of whether it was false or not
b. A rule placing on the accused the burden of showing the truth of allegations of official
misconduct and/or good motives and justifiable ends for making such allegations
c. The statement should not be absolutely privileged statement
d. The statement should not be made in a judicial or parliamentary proceeding

204. The Anti-fencing Law {PD 1612} covers:

a. Proceeds of theft or robbery only
b. Proceeds of estafa and syndicated crimes only
c. Also proceeds usurpation
d. The fruit of all crimes involving gain to the offender