COURSE AUDIT 1&2 / CRIMNAL LAW 1 / BREVA D.C.

/ SET B / Page 1
b. Imprudence d. Lack of foresight
1. Which among the following is not a source of Philippine criminal law? 20. For an act to be considered to be done with Malice or dolo, which among the
a. Act No. 3815 and its amendments following must be present?
b. Special penal laws passed by the Phil. Commission, Phil. Legislature, National a. Freedom c. Intent
Assembly, Batasang Pambansa, Phil. Assembly and the Congress of the b. Intelligence d. All of the foregoing
Philippines. 21. Refers to that cause which in natural is a continuous sequence, unbroken by
c. Penal Presidential Decrees issued during Martial Law. any efficient superseding ground, produces the injury and without which the result
d. None of the above would not have occurred.
2. They are bodies of usages, principles and rules of action which do not rest a. Proximate cause c. Overt acts
for their authority upon any declarative will of the legislature. It is recognized in b. Intervening cause d. Active force
the United States and England but not recognized under Philippine jurisdiction. 22. It is the portion of the acts constituting the felony, starting from the point
a. Penal laws c.Common Laws where the offender begins the commission of the crime to the point where he has
b. Special penal laws d. None of the foregoing control over his acts.
3. This deprives the accused of a crime some lawful protection to which he has a. Objective phase c. Overt acts
become entitled. b. Subjective phase d. Attempted felony
a. Common law c. Ex-post facto law 23. Generally they are punishable only when they have been consummated, with
b. Special law d. Bill of attainder the exemption of those crimes committed against persons or property.
4. The constitution expressly prohibits the passage of a bill of attainder a. Light felonies c. Grave felonies
primarily because: b. Less grave felonies d. All of the foregoing
a. It is a substitute, a legislative act for a judicial determination of guilt 24. Self-defense or one’s natural instinct to repel, protect and save his person or
b. It is unconstitutional right from impending peril or danger is an example of what circumstance which
c. It is a violation of human rights affects criminal liability?
d. It encroaches upon the power of the. Judiciary by the Congress a. Justifying c. Aggravating
5. They are not considered as a source of criminal law due to the fact that they b. Exempting d. Mitigating
merely explain the meaning of and apply the law as enacted by the legislature. 25. A inflicted slight physical injuries to B without intention to inflict other
a. Revised Penal Code c. Court decisions injuries, B then attacked A is an example of?
b. Special Penal laws d. Executive orders a. Self-defense c. Retaliation
6. It cannot be recovered as a matter of right; and is discretionary upon the b. Intervening cause d. Proximate cause
court to be part of the civil liability when a crime was committed with one or more 26. The basis of this circumstance affecting criminal liability is the complete
aggravating circumstances. absence of freedom of action, intelligence, intent or negligence on the part of the
a. Actual damages c. Moral damages accused.
b. Nominal damages d. Exemplary damages a. Justifying c. Aggravating
7. Civil indemnity for death caused by crime. b. Exempting d. Mitigating
a. 30,000 c. 100,000 27. Under our laws, what is the age of full responsibility?
b. 50,000 d. 500,000 a. 9 years and below of infancy
8. When rape is committed and the victim was killed, the mandatory civil b. Between 9 and 15 years
indemnification shall be. c. 18 to 70 years of age (adolescence to maturity)
a. 30,000 c. 100,000 d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70
b. 50,000 d. 500,000 years of age
9. In case of physical injuries it would consist in the payment of hospital bills 28. Age of absolute irresponsibility.
and doctor’s fee of the offended party. a. 9 years and below of infancy
a. Restitution c. Indemnification b. Between 9 and 15 years
b. Reparation d. Civil liability c. 18 to 70 years of age (adolescence to maturity)
10. Which among the following may totally extinguish criminal liability? d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70
a. Absolute pardon c. Amnesty years of age
b. Service of sentence d. All of these 29. Which among the following may be considered as an alternative
11. It consists in the successive execution by the same individual of different circumstance?
criminal acts upon any of which no conviction has yet been made. a. Relationship
a. Plurality of crimes c. Complex crimes b. Intoxication
b. Formal crimes d. None of the above c. Degree of instruction and education of the offender
12. Jemma who induced Eric a friend to kill her husband’s mistress is d. All of the foregoing
criminally liable as: 30. X and Y stabbed Z, injuring the Z in the process, X and Y are considered as;
a. Principal c. Accomplice a. Principal by direct participation
b. Accessory d. None of the above b. Principal by induction
13. In crimes against chastity this would be always aggravating. c. Principal by indispensable cooperation
a. Degree of education c. Alcoholism d. Co- principals
b. Mental condition d. Relationship 31. Boy forcibly took Maria to a vacant lot and allowed his friends Lando and
14. Its basis is the greater perversity of the offender as manifested by personal Tinoy to rape Maria Boy is liable as;
circumstance of the offender and also by the means used to secure the commission a. Principal by direct participation
of the crime. b. Principal by induction
a. That advantage be taken by the offender of his public position. c. Principal by indispensable cooperation
b. That crime be committed in contempt of or with insult to the public authorities. d. Co- principals
c. That act be committed with abuse of confidence or obvious ungratefulness 32. It refers to those penalties expressly imposed by the court in the judgment of
d. All of the above conviction.
15. It means adequate to excite a person to commit a wrong and must a. Principal penalties c. Subsidiary penalties
accordingly be proportionate to its gravity. b. Accessory penalties d. Fine
a. Self-defense c. Unlawful aggression
b. Sufficient provocation d. Necessity to prevent a wrong
16. Under this, crimes are not triable in that country unless they merely affect
things within the vessel or they refer to the internal management thereof. 33. In the crime of theft, the culprit is duty-bound to return the stolen property.
a. French rule c. Law of preferential application a. Restitution
b. English rule d. Spanish rule b. Reparation
17. It refers to inaction, by which a person may be considered criminally liable c. Indemnification for consequential damages
when the law requires the performance of a certain act, e.g. failure to assist one’s d. Civil liability
own victim. 34. Crimes punishable by correctional penalties, except those punishable by
a. Act c. Fraud arresto mayor shall prescribe in how many years?
b. Intent d. Omission a. 20 years c. 10 years
18. It indicates a deficiency of action. b. 15 years d. 5 years
a. Negligence c. Lack of skill 35. It includes rivers, creeks, bays, gulfs, lakes, straits, coves lying wholly
b. Imprudence d. Lack of foresight within the three-mile limit of any nation.
19. It refers to deficiency of perception. a. Maritime zone c. Low water mark
a. Negligence c. Lack of skill b. Interior waters d. High seas
 COURSE AUDIT 1&2 / CRIMNAL LAW 1 / BREVA D.C. / SET B / Page 2
36. It makes criminal an act done before the passage of the law which was b. Attempted d. Negligence
innocent when done, and punishes it. 57. It is a physical activity or deed, indicating the intention to commit a
a. Ex post facto law c. Law on preferential application particular crime.
b. Bill of attainder d. Self-repealing laws a. Act c. Fault
37. Refers to one of three equal portions, called minimum, medium and b. Omission d. Overt act
maximum of a divisible penalty. 58. Abberatio ictus refers to:
a. Degree c. Prescription a. Mistake of the facts c. Mistake in the blow
b. Period d. Duration b. Mistake in the identity d. Ignorance of the law
38. Which among the foregoing is considered as the primary source of criminal 59. What must be considered in determining whether the crime committed is
law? only attempted, frustrated or consummated?
a. Act No. 3815 c. Penal Presidential Decrees a. Nature of the offense c. Manner of commission
b. Special Penal Laws d. Constitution b. Elements constituting the felony d. All of these
39. Those punishable by arresto mayor penalties shall prescribe in how many 60. Refers to crimes consummated in one instant or by a single act.
years? a. Formal crimes c. Rational crimes
a. 20 years c. 10 years b. Informal crimes d. Irrational crimes
b. 5 years d. 15 years 61. Refers to the obligation or suffering the consequences of crime.
40. It is the forfeiture of the right of the state to execute the final sentence after a a. Imputability c. Liability
certain lapse of time. b. Culpability d. Responsibility
a. Prescription of the crime c. Degree of the penalty 62. A quality in which an act may be ascribed to a person as the author or owner.
b. Prescription of the penalty d. Period of the penalty a. Imputability c. Liability
41. It is that branch or division of law which defines crimes treats of their nature, b. Culpability d. Responsibility
and provide for their punishment. 63. Refers to felonies which the law imposes penalties which are correctional in
a. Civil law c. Procedural law nature.
b. Criminal law d. Substantive law a. Grave c. Light
42. Refers to a sentence of imprisonment for the maximum period defined by b. Less grave d. Serious
law subject to the termination by the parole board at any time after service of the 64. When the law attaches capital punishment or afflictive penalties the felony is
sentence. said to be?
a. Suspension c. Prescription a. Grave c. Light
b. Indeterminate sentence d. Period of penalty b. Less grave d. Slight
43. Refers to the purpose to use a particular means to effect such result. 65. Infractions to the law punishable by arresto menor or a fine not exceeding
a. Intent c. Deceit 200 pesos or both.
b. Motive d. Fault a. Grave c. Light
44. John commences with the execution of a felony but fails to perform all acts b. Less grave d. Slight
which should produce it, the development or stage refers to: 66. Light felonies are made punishable only when they are:
a. Consummated c. Frustrated a. Consummated c. Frustrated
b. Attempted d. Negligence b. Attempted d. Intended
45. Any bodily movement that tends to produce some effect in the external 67. Exemption to the general rule in cases of light felonies.
world. a. When committed against persons
a. Act c. Dolo b. When committed against chastity
b. Omission d. Culpa c. When committed against honor
46. Libel and other similar offenses shall prescribe in how many years? d. When committed against liberty
a. 15 years c. 5 years 68. It exists when two or more persons come to an agreement to commit a
b. 10 years d. 1 year felony.
47. An entire penalty enumerated in the graduated scale of penalties. a. Plan c. Piracy
a. Degree c. Prescription b. Conspiracy d. Proposal
b. Period d. Duration 69. What occurs when a person who has decided to commit a felony
48. Refers generally to acts made criminal by special laws. recommends its execution to some other person?
a. Felony c. Mala inse a. Conspiracy c. Proposal
b. Mala ince d. Mala prohibita b. Piracy d. None of the above
49. Under RA 7659, the death penalty may be suspended when the accused is 70. Acts of a person which are said to be in accordance with the law, so that
among the foregoing: except: such person is deemed not to have transgressed the law and is free from both
a. A woman while pregnant criminal and civil liability except for state of necessity.
b. Persons over 70 years old a. Justifying circumstances c. Exempting circumstances
c. Woman within one year after delivery b. Mitigating circumstances d. Aggravating circumstances
d. Persons over 18 but under 21 years of age 71. Equivalent to assault or at least threatened assault of an immediate nature.
50. Which among the foregoing is not a requisite for Dolo? a. Intent c. Dolo
a. Intelligence c. Intent b. Culpa d. Unlawful aggression
b. Freedom d. Deceit
51. Refers to the loss of the right of the state to prosecute the offender after a
certain lapse of time.
a. Prescription of the crime c. Degree of the penalty
b. Prescription of the penalty d. Period of the penalty 72. The following are the requisites for self-defense, except:
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it
52. Things which are wrongful in their nature. b. Lack of sufficient provocation on the part of the person defending himself
a. Evil c. Mala inse c. Lack of intent on the part of the person defending himself
b. Mala ince d. Mala prohibita 73. What crime exists when a single act constitutes two or more grave or less
53. Felonies punishable by death, reclusion perpetua and reclusion temporal grave felonies?
shall prescribe in: a. Complex c. Composite
a. 20 years c. 10 years b. Continuing d. Compound
b. 15 years d. 5 years 74. Who among the following are not exempted from criminal liability?
54. Acts and omissions punishable by law. a. Children under 9 years of age
a. Dolo c. Felonies b. Insane persons
b. Culpa d. Crime c. Children over 9 under 15 years of age acting with discernment
55. Ariel intending to kill Jiggs to avenged lost honor stabbed the latter three d. Imbecile persons
times in the chest, however due to prompt medical attention Jiggs was able to 75. Refers to desired acts of a person to commit a crime.
survive the attack, Ariel is liable for: a. Motive c. Fault
a. Physical Injuries c. Frustrated Homicide b. Intent d. Deceit
b. Attempted Homicide d. Frustrated Murder 76. Those circumstances which if attendant to the commission of the crime
56. When all the elements necessary for the execution and accomplishment of a would serve to lower the penalty to a lesser degree.
felony are present it is said to be: a. Justifying c. Mitigating
a. Consummated c. Frustrated b. Exempting d. Aggravating
 COURSE AUDIT 1&2 / CRIMNAL LAW 1 / BREVA D.C. / SET B / Page 3
77. An aggravating circumstance which generally apply to all crimes such as b. Treachery d. Evident premeditation
dwelling, nighttime or recidivism. 97. The following circumstances are always mitigated in terms of alternative
a. Generic c. Qualifying circumstances, except:
b. Specific d. Inherent a. Low degree of education
78. Refers to occurrences which happen beyond the sway of man’s will. b. Intoxication wherein the drunk person has not intended it or not a habitual
a. Nature c. Events drunkard
b. Accidents d. Phenomenon c. Relationship in crimes against property
79. Boy a policeman persuades Allan to commit a felony, he arrested the latter d. Relationship in crimes against persons
after its execution is committing. 98. Poly stabbing Army is considered as a:
a. Instigation c. Conspiracy a. Principal c. Accomplice
b. Entrapment d. Proposal b. Accessory d. Instigator
80. Refers to circumstances which if attendant in the commission of a crime 99. Emil persuades Jude to steal from his boss is a principal by:
serve to increase the penalty, without however exceeding the maximum of the a. Direct participation c. Indispensable cooperation
penalty provided by law for the offense. b. Induction d. Instigation
a. Justifying c. Mitigating 100. Which in the following enumeration is an example of an afflictive penalty?
b. Exempting d. Aggravating a. Fine c. Distierro
81. They are aggravating circumstances which change the nature of the crime, b. Arresto mayor d. Prision mayor
e.g. homicide to murder in case of treachery.
a. Generic c. Qualifying 1. D 31. C 61. D 91. C
b. Specific d. Inherent 2. C 32. A 62. A 92. B
82. Refers to aggravating circumstance which applies only to particular crimes. 3. C 33. A 63. B 93. D
a. Generic c. Qualifying 4. A 34. C 64. A 94. D
b. Specific d. Inherent 5. C 35. B 65. C 95. D
83. An aggravating circumstance which come in the commission of the crime. 6. D 36. A 66. A 96. C
a. Generic c. Qualifying 7. B 37. B 67. A 97. D
b. Specific d. Inherent
8. C 38. A 68. B 98. A
84. Refers to a building or structure exclusively used for rest or comfort.
9. B 39. B 69. C 99. B
a. House c. Dwelling
10. D 40. B 70. A 100.D
b. Home d. All of the above
85. Whenever more than three armed malefactors shall have acted together in 11. A 41. B 71. D
the commission of an offense it is deemed to have been committed by: 12. A 42. B 72. D
a. Group c. Band 13. D 43. A 73. A
b. Brigands d. Team 14. D 44. B 74. C
86. Refers to a person who at the time of his trial for one crime shall have been 15. B 45. A 75. B
previously convicted by final judgment of another crime embraced in the same 16. B 46. D 76. C
title of the RPC. 17. D 47. A 77. A
a. Delinquent c. Recidivist 18. B 48. D 78. B
b. Habitual delinquent d. Offender 19. A 49. D 79. A
87. A person who has within a period of 10 years from the date of release or last 20. D 50. D 80. D
conviction is said to have been found guilty of the same offense particularly those 21. A 51. A 81. C
of physical injuries, estafa, theft and robbery is considered as a: 22. B 52. C 82. B
a. Recidivist c. Habitual delinquent 23. A 53. A 83. D
b. Delinquent d. Quasi-recidivist 24. A 54. C 84. C
88. Any person who shall commit a felony while serving his sentence with a
25. C 55. D 85. C
previous conviction is classified as a :
26. B 56. A 86. C
a. Recidivist c. Habitual delinquent
b. Delinquent d. Quasi-recidivist 27. C 57. D 87. C
28. A 58. C 88. D
29. D 59. D 89. D
30. D 60. A 90. A

89. Which among the following is not among the requisites of evident
premeditation?
a. Sufficient lapse of time
b. Time when the offender decided to commit the felony
c. Act indicating the has clung to his determination
d. Deliberate intent
90. It involves trickery and cunning on the part of the offender.
a. Craft c. Fault
b. Deceit d. Intent
91. Gloria lends Nany a bolo which was used in the murder of Mike is liable as
an:
a. Principal c. Accomplice
b. Accessory d. Conspirator
92. Persons who aide the felons to hide away evidences or profit from the fruits
of the crime are said to be:
a. Principals c. Accomplices
b. Accessories d. Conspirators
93. The following are exempt from criminal liability as accessories in cases that
the principal should be the foregoing relatives except:
a. Spouse c. Descendant
b. Ascendant d. Cousins
94. Capital punishment or maximum penalty imposed by law.
a. Reclusion Perpetua c. Arresto mayor
b. Reclusion temporal d. Death by lethal injection
95. Refers to alevosia, or means and methods employed to insure its execution.
a. Craft c. Intent
b. Deceit d. Treachery
96. It pertains to moral order, adding disgrace to the material injury caused by
the crime.
a. Craft c. Ignominy