I. MULTIPLE CHOICE QUESTIONS.

CHOOSE THE LETTER OF THE CORRECT

ANSWER. IF ALL ARE CORRECT, THEN CHOOSE THE BEST ANSWER FROM
AMONG THE CHOICES. (1 point each)

1. Principles of public international law exempt certain individuals from the generality
characteristic of criminal law. Who among the following are NOT exempt from the generality
rule?
A. Ministers Resident c. Ambassador
B. Commercial Attache of a foreign country d. Chiefs of Mission

2. The maxim "Nullum crimen nula poena sine lege" means that
A. the act is criminal at the time of its commission and recognized as such at the time of its
commission but the penalty therefor is prescribed in a subsequently enacted law.
B. the act is criminal and punished under and pursuant to common law.
C. there is a crime for as long as the act is inherently evil.
D. crime is a product of the law.

3. X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a
consequence. Under the circumstances
A. X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the
victim.
B. X may plead praetor intentionem since he intended only to scare, not kill Z.
C. X may plead aberratio ictus as he had no intention to hit Z.
D. X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he
fired his gun.

4. Motive is generally IMMATERIAL in determining criminal liability EXCEPT when

A. several offenders committed the crime but the court wants to ascertain which of them acted as
leader.
B. the evidence of the crime consists of both direct and circumstantial evidence.
C. ascertaining the degree of penalty that may be imposed on the offender.
D. the evidence of guilt of the accused is circumstantial.

5. X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he

died. Is X criminally liable for the death of Y?
A. Yes because the delay did not break the causal connection between X's felonious act and the
injuries sustained by Y.
B. Yes because any intervening cause between the infliction of injury and death is immaterial.
C. No because the infliction of injury was not the immediate cause of the death.
D. No because the delay in the administration of the medical treatment was an intervening cause.

6. In an attempted felony, the offender’s preparatory act

A. itself constitutes an offense.
B. must seem connected to the intended crime.
C. must not be connected to the intended crime.
D. requires another act to result in a felony.

7. A special complex crime is a composite crime

A. made up of 2 or more crimes defined in the Penal Code.
B. with its own definition and special penalty provided by the Penal Code.
C. with its own definition and special penalty provided by a special penal law.
D. made up of 2 or more crimes defined in the Penal Code and special penal laws.

8. What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a
vessel of Russian registry while the vessel is anchored outside the breakwaters of the Manila
Bay?
A. The Indonesian court.
B. The Russian court.
C. The Philippine court.
D. Any court that first asserts jurisdiction over the case.

9. X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y
but also Z who was in the store. As a case of aberratio ictus, it is punishable as a
A. complex crime proper. C. continuing crime.
B. special complex crime. D. compound crime.

10. The following are sources of criminal law, except

A. Act No. 3815
B. RA No. 9165
C. RA No. 11479
D. US vs Ah Chong, GR No. L-5272, March 1910.

11. The following are constitutional rights of an accused, except

A. No person shall be held to answer for a criminal offense without due process of law
B. The right to bail even when the privilege of the writ of habeas corpus is suspended
C. No person shall be compelled to be a witness against himself
D. The right to appeal his/her case if the same is unfavourable

12. A theory in criminal law which says that man is occasionally subdued by a strange
phenomenon that compels him to do wrong.
A. Utilitarian Theory C. Eclectic Theory
B. Classical Theory D. Positivist Theory

13. Warly, Introvert, Sayonara and Elsa, all armed with M-16 rifles went to the house of their
intended victim Ann Cantos. All four wanted to kill Ann Cantos, who they believed was inside
her house. All four riddled the house of Ann Cantos with armalite bullets. It so happened that
Ann Cantos did not go home that night. Warly, Introvert, Sayonara and Elsa committed ___.
A. Attempted Murder because they did not inflict a mortal wound on the intended victim.
B. Impossible Crime with Malicious Mischief because they resulted from the felonious act of
the four.
C. Impossible crime because that is the only crime committed.
D. Malicious Mischief because the house was destroyed and because that was the result of the
felonious act of the four.

14. A attacked B with a knife. B ran away and jumped into the river to avoid A. B drowned and
died.
A. A is not liable for the death of B because he did not inflict any injury upon B.
B. A is liable for the death of B because the proximate cause of the latter’s death was his chasing
him with a knife.
C. A is liable only for Grave Threats because that constituted his felonious act.
D. A is not liable for the death of B because the drowning of B was an efficient intervening
cause.

15. It is the law which provides that members of the official household or retinue of a foreign
ambassador to the Philippines enjoys the diplomatic immunity of the foreign ambassador if their
names are submitted to the DFA and provided further that the country of the foreign ambassador
provides reciprocal immunity to the members of the official household or retinue of the
Philippine Ambassador.
A. RA 54 C. RA 74
B. RA 79 D. RA 75

16. A crime is not committed if the mind of the person doing the act in question is innocent. The
Latin maxim of this principle is ___:
A. Nulum crimen, nulla poena sine lege
B. Salus populi suprema est lex
C. Actus non facit reum
D. Actus non facit reum nisi mens sit rea
17. A continuing offense is an offense which continues day by day.
A. The Statement is True. B. The Statement is False.

18. Aberratio Ictus is a mistake in the blow. A person directed the blow at an intended victim,
but because of poor aim, that blow landed on somebody else. In aberratio ictus, the intended
victim as well as the actual victim are both at the scene of the crime. It is a manner of incurring
criminal liability according to Paragraph 1, Article 4 of the RPC. Meanwhile, treachery refers to
the employment of means, method and form in the commission of the crime which tend directly
and specially to insure its execution without risk to himself arising from the defense which the
offended party might make. If A employed treachery for the purpose of killing B, but due to
poor aim, the blow killed C instead; then, treachery will not be appreciated for the purpose of
imposing sentence with regard to A’s killing of C.
A. The Last Statement is True. B. The Last Statement is False.

19. When the accused intended to kill his victim, as shown by his use of a deadly weapon and the
wounds he inflicted, but the victim did not die because of timely medical assistance, the crime is
frustrated murder or frustrated homicide. If the victims’ wounds are not fatal, the crime is only
attempted murder or attempted homicide.
A. The Statement is True. B. The Statement is False.

20. X, Y and Z agreed among themselves to attack and kill A, a police officer, but they left their
home-made guns in their vehicle before approaching him. What crime have they committed?
a. Conspiracy to commit indirect assault.
b. Attempted direct assault.
c. Conspiracy to commit direct assault.
d. Illegal possession of firearms.

21. A induced X to kill Y. X killed Y by means of treachery. Should treachery be appreciated

also against A, the principal by inducement?
a. Yes, if he has knowledge that X killed Y by means of treachery.
b. Yes, because there was conspiracy.
c. Yes, because he is a principal by inducement so he is liable for the acts of the principal by
direct participation.
d. Yes, because when there is conspiracy, the act of one is the act of all.

22. A and B conspired to beat C and inflict physical injuries upon C. In the course thereof, A and
B attacked C. A inflicted physical injuries upon C, while B inflicted a mortal wound upon C
which caused C’s death. The death of C was not included in the conspiracy.
a. Only B is liable for the death of C because he inflicted the mortal wound that caused the death
of C.
b. A is not liable because the death of C was not conspired upon.
c. A and B are liable for death of the victim because it is the direct, natural and logical
consequence of the crime agreed to be committed.
d. A and B are liable separately for their respective acts, that is, A is liable for Physical Injuries
while B is liable for Homicide.

23. Which of the following is correct?

a. Adultery is a continuing crime
b. Each sexual intercourse does not constitute adultery
c. Each sexual intercourse constitutes adultery
d. Adultery is committed by a married woman who shall have sexual intercourse with another
man.

24. Criminal negligence is

a. A modality for the commission of another offense
b. A crime in itself
c. A crime in itself or a modality for the commission of another offense
d. A crime in itself and never a modality for the commission of another offense
25. Which of the following crimes has extra-territorial application?
a. Proposal to commit treason c. Proposal to commit terrorism
b. Proposal to commit coup d’etat d. Proposal to commit sedition

PROBLEM QUESTIONS. You are directed to answer the questions provided. A mere yes
or no answer merits no credit. Be brief, concise and accurate by citing legal basis. Your
opinion deserves no credit as well.

QUESTION No. 1. On January 20, 2008, X was on way home aboard a passenger jeepney
driven by her husband, Y. As she and her young granddaughter were alighting from the jeepney,
X heard two successive gunshots. At the time she heard the sound of the first gunshot, she was
helping her granddaughter get off the jeepney but got a glimpse of her husband lying face down
on the steering wheel. She heard another gunshot and immediately took cover embracing he
granddaughter She felt that she had also been hit by gunfire. A few seconds later, X stood up and
saw Z walking away carrying a gun about two feet long. She was then approximately seven (7)
meters away from Z, whom she recognized because of the light coming from the jeepney’s
headlights and a street post. She cried out to her son, shouting that her husband was shot by Z.
Her son came out of their house, embraced her and noticed that she was also hit because she had
blood at her back. She lost consciousness but regained her bearings soon enough. She was
thereafter taken to the hospital and treated there for one day. What crime or crimes this Z commit
against X? (5 points)

QUESTION No. 2. On February 12, 2020, a pre-Valentine dance was held in San Pablo. X
watched the dance, along with A and B. In the early morning of February 13, 2020, at around
3:00 A.M., a fight erupted between C and the group of D, A and B. X testified that he witnessed
the fight from a distance of more or less five (5) meters. X saw A club C with a lead pipe from
behind, hitting him on the right side of the head. At that time when A struck C with a lead pipe,
he saw B and D standing in front of C. Later, X saw the dead body of C, which had suffered
multiple stab wounds. X however disclosed that he neither witnessed how C was stabbed nor did
he see the act of stabbing C. The Regional Trial Court found A guilty beyond reasonable doubt
of the crime of Murder. Further, the RTC ruled that conspiracy exists. According to the RTC, A
was clearly identified by X as the one who struck C on the head with a lead pipe, which alone is
sufficient manifestation of a concerted, common, and united design with the other accused to
commit an unlawful and felonious act. Was there conspiracy? (5 points)

QUESTION NO. 3. Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park
with his father Tony. The child stood on a chair to be able to see the performers on the stage.
Juanito, a 10-year-old boy, who was also watching the concert, could not see much of the
performance on the stage because Tonito was blocking his line of sight by standing on the chair.
Using his elbow, Juanito strongly shoved Tonito to get a good view of the stage. The shove
caused Tonito to fall to the ground. Seeing this, Tony struck Juanito on the head with his hand
and caused the boy to fall and to hit his head on a chair. Tony also wanted to strangle Juanito but
the latter’s aunt prevented him from doing so. Juanito sustained a lacerated wound on the head
that required medical attendance for 10 days. Tony was charged with child abuse in violation of
Sec. 10(a), in relation to Sec. 3(b)(2), of R.A. 7610 (Child Abuse Law) for allegedly doing an
“act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being.” In his defense, Tony contended that he had no intention to maltreat
Juanito, much less to degrade his intrinsic worth and dignity as a human being. Is Tony correct
considering Article 10 of the Revised Penal Code? (5 points)

QUESTION No. 4. Gie hated her classmate, Ann, because the latter was assiduously making
unwanted advances with Tony, Gie’s professor over which she had a crush on. Gie went to a
veterinarian and asked for some poison on the pretext that it would be used to kill a very sick, old
dog. Gie was a dog lover by the way. Actually, Gie intended to use the poison on Ann. The
veterinarian mistakenly gave Gie a non-toxic powder which, when mixed with Ann’s food, did
not kill Ann. Did Gie commit any crime? If so, what and why? If not, why not? (5 points)

QUESTION No. 5. While Tony was approaching his car, he saw it being driven away by Tonio,
a thief. Tony tried to stop Tonio by shouting at him, but Tonio ignored him. To prevent his car
from being carnapped, Tony drew his gun, aimed at the rear wheel of the car and fired. The shot
blew the tire which caused the car to veer out of control and collide with an oncoming tricycle,
killing the tricycle driver. What is the criminal liability of Tony, if any? Explain. (5 points)