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FINAL EXAMINATION

CRIMINAL LAW 1
Atty. Jonalyn D. Villacura

Instruction: Write the letter of the correct answer on the left side of every number.
Name: ___________________________________ Year and Section: _________ Date:________
1. The following are the circumstances affecting criminal liability except:
A. Justifying B. Exempting C. Mitigating D. Alternating

2. ________ are those where the acts of the actor are in accordance with law, thus he incurs no
criminal liability.
A. Justifying B. Exempting C. Mitigating D. Alternating

3. There is a crime, a criminal but the law exempts him from criminal liability
A. Justifying B. Exempting C. Mitigating D. Alternating

4.The following are justifying circumstances except:


A. Self-defense B. Defense of stranger C. State of necessity D. Unlawful aggression

5. A manifestation in language or conduct of defect of the brain or disordered condition of the


mentality.
A. Imbecility B. Minority C. Accident D. Compulsion of irresistible force

6. A mitigating circumstance which lowers the penalty to the minimum period.


A. Privileged B. Ordinary C. Specific D. Special

7. Ages 15 years old and below are ____________ from criminal liability
A. justified B. exempted C. aggravated D. mitigated

8. Offenders who are over 15 years old but below 18 are exempted from criminal liability but subject
to _______ program if he/she acted with discernment.
A. intervention B. recognition C. diversion D. deprivation

9. It refers to a series of activities which are designed to address issues that caused the child to
commit an offense, e.g. counseling, skills training.
A. Intervention program B. recognition program C. diversion program D. deprivation

10. The force must be physical, must come from an outside source, and the accused must act not only
without a will but also against his will.
A. Impulse of Uncontrollable fear B. Insuperable Cause C. Accident
D. Compulsion of irresistible force

11. It promised an evil of such gravity and imminence that the ordinary man would have succumbed
to it.
A. Impulse of Uncontrollable fear B. Insuperable Cause C. Accident
D. Compulsion of irresistible force

12. The law imposes a duty on the offender to perform an act but his failure to do so is due to a lawful
cause.
A. Impulse of Uncontrollable fear B. Insuperable Cause C. Accident
D. Compulsion of irresistible force

13. The following are kinds of mitigating circumstances except:


A. Ordinary B. Privileged C. Generic D. Specific
14. A mitigating circumstance which lowers the penalty prescribed by one or more degrees.
A. Ordinary B. Privileged C. Generic D. Specific

15. A mitigating circumstance which lowers the penalty to the minimum period.
A. Ordinary B. Privileged C. Generic D. Specific

16. The following are mitigating circumstances except:


A. Incomplete Exempting Circumstance B. Alevosia C. Obfuscation
D. Praeter intentionem

17. The offended person did an act or event which offends the accused causing mental agony to him
and moves him to vindicate himself of such offense.
A. Sufficient Threat B. Immediate vindication of a grave offense C. Passion D. Obfuscation

18. Civil liability includes the following except:


A. restitution B. reparation of damage caused C. restoration D. indemnification

19. The President will release the convict subject to the condition that if he does not comply with the
terms of the pardon, he will be recommitted to prison to serve the unexpired portion of the sentence.
A. Conditional pardon B. Absolute pardon C. Amnesty D. Commutation

20. It obliterates the effects of conviction as if the act were not criminal.
A. Conditional pardon B. Absolute pardon C. Amnesty D. Commutation

21. It completely abolishes the penalty due to the offender after final conviction and for that reason
restores the rights to hold public office.
A. Conditional pardon B. Absolute pardon C. Amnesty D. Commutation

22. The following are causes of partial extinction of criminal liability except:
A. Conditional pardon B. Parole C. Amnesty D. Commutation of sentence

23. Tolling of period of ________ occurs when he commits another crime, or is captured or goes to
another country with which the Philippines has no extradition treaty.
A. Prescription of penalty B. Prescription of crime C. ISL D. Probation

24. It refers to the loss of the right of the State to prosecute offenses.
A. Prescription of penalty B. Prescription of crime C. ISL D. Probation

25. It is an act of grace or immunity granted by the state to qualified offenders who rejects appeal
and admits his liability.
A. Prescription of penalty B. Prescription of crime C. ISL D. Probation

26. Under the ___________, the sentence must fix the minimum and maximum penalty.
A. Prescription of penalty B. Prescription of crime C. ISL D. Probation

27. The following are causes of total extinction of criminal liability except:
A. Death of convict B. Parole C. Service of sentence D. Prescription of penalty

28. ______ is one of the restrictions on capacity to act.


A. Bond to keep the Peace B. Bond for Good Behavior C. Civil interdiction D. Destierro

29. Lupin, with intent to kill, fired a revolver at Vegetta leading to the latter’s death. Lupin was
convicted of murder. Can he apply for probation?
A. Yes B. No C. Maybe D. None of the above

30. Under the Indeterminate Sentence Law, after the convict has served the minimum penalty, he
becomes eligible for ___________.
A. parole B. probation C. pardon D. commutation

31.Anvonio Trillvanes committed a political offense and applied for amnesty. The President granted it.
Nevertheless, it lacks concurrence of Congress. Is there an amnesty?
A. Yes, because it is granted by the President. B. No, because it must be concurred in by
Congress. C. No, because the Trilvanes doesn’t deserve it. D. None of the above

32. Natalie was convicted for violation of RA 9165, the Comprehensive Dangerous Drugs Act. While
serving sentence, she attacked using a knife a co-inmate named Maila. Maila grappled with the knife
and struck Natalie to death. Is Natalie’s criminal liability extinguished?
A. Yes, it is partially extinguished. B. Yes, it is totally extinguished. C. No, because it is her
fault. D. No, because criminal liability attaches forever.

33. Civil interdiction includes the following deprivation except:


A. parental authority B. marital authority C. donation inter vivos D. donation mortis causa

34. Dao Ming Sing was convicted of parricide and is currently serving sentence at BJMP Julencia City.
Inside the jail, he saw his greatest enemy, Wa Z. Lei visiting an inmate. He holds a grudge against Wa
Z. Lei because the latter stole Sanchai, his first love. Blinded by obfuscation, he attacked Wa Z. Lei
resulting to a crime of serious physical injuries. Dao Ming Sing is a ________.
A. Recidivist B. Habitual Delinquent C. guilty of reiteracion D. Quasi-recidivist

35. Kim Mi So was convicted of estafa and has fully served her sentence. A month after her release,
she went into a jewelry store and stole a watch worth P200,000.00. The security guard noticed it and
ran after Kim Mi So. She shot the security guard but he managed to avoid the bullet. Kim Mi So was
apprehended and charged with Theft. This is a case of ________.
A. Recidivism B. Habitual Delinquency C. Reiteracion D. Quasi-recidivism

36. On June 16, 2010, Lebronn was convicted of serious illegal detention sentencing him to reclusion
temporal maximum. Yesterday he was convicted of Grave Coercion. He is a ________.
A. Recidivist B. Habitual Delinquent C. guilty of reiteracion D. Quasi-recidivist

37. Within a period of 10 years from the date of his release or last conviction of the crimes of
Falsification, Robbery, Estafa, Theft, Serious or Less Serious Physical Injuries, Freeza is found guilty of
said crimes a third time.
He is a ________.
A. Recidivist B. Habitual Delinquent C. guilty of reiteracion D. Quasi-recidivist

38. The offender has been previously convicted by final judgment and before beginning to serve such
sentence, or while serving the same, he committed a felony. This is a case of ________.
A. Recidivism B. Habitual Delinquency C. Reiteracion D. Quasi-recidivism

39. The offender has previously served a sentence for an offense. He then committed another crime.
The first offense was punished with an equal greater penalty.
A. Recidivism B. Habitual Delinquency C. Reiteracion D. Quasi-recidivism

40. One who, at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the RPC.
A. Recidivist B. Habitual Delinquent C. guilty of reiteracion D. Quasi-recidivist

41. They are the punishment imposed by law upon a person who commits a crime.
A. penalties B. life imprisonment C. bond D. fines

42. ________ are not liable for light felonies.


A. Principal B. Principal by inducement C. Accessories D. Accomplices

43. For grave and less grave felonies the following are liable except:
A. Principal B. Bond person C. Accessories D. Accomplices
44. Divisible penalties are divided into the following periods except:
A. Maximum B. Minimum C. Median D. Medium

45. A, B, C, D and E are best friends. They conspire to rob a bank. A acted as a look out. B was the
driver. C, D and E entered the bank and got the money. They were apprehended and convicted of
robbery. What are the liabilities of each?
A. A and B are accomplices B. C, D, and E and principals by direct participation C. All of them
are accomplices D. All of them are principals

46. Referring to the previous question, F, another friend who is an IT expert revealed to A, B, C, D
and E the combination of numbers of a bank vault. He also provides scheme to avoid the bank’s
warning device. What is the liability of F?
A. Accessory B. Principal by indispensable cooperation C. Principal by inducement
D. Accomplice

47. Kris Pol and the victim, Rondo were fighting and grappling for the possession of a steel pipe.
Ingram arrived and hacked at Rondo with use of an ax. It was Kris Pol who previously furnished
Ingram the ax. What is the criminal liability of Kris Pol?
A. Accessory B. Principal by indispensable cooperation C. Principal by inducement
D. Accomplice

48. The Mayor hides a suspect in his office to prevent identification. The Mayor is liable as _____.
A. Accessory B. Principal by indispensable cooperation C. Principal by inducement
D. Accomplice

49. One who directs force or induce others to commit a felony.


A. Accessory B. Principal by indispensable cooperation C. Principal by inducement
D. Accomplice

50. One who takes part subsequent to the commission of a crime by assisting in the escape of the
principal.
A. Accessory B. Principal by indispensable cooperation C. Principal by inducement
D. Accomplice

51. There is _____ when the culprit delights in making his victim suffer slowly and gradually, causing
unnecessary physical pain in the consummation of the criminal act.
A. cruelty B. ignominy C. treachery D. craft

52. It is adding insult to the injury.


A. cruelty B. ignominy C. treachery D. craft

53. It consists of at least four (4) armed malefactors organized with the intention of carrying out any
unlawful design.
A. Aid of armed men B. Band C. Uninhabited place D. Taking advantage of official position

54. The accused availed himself of individuals who are armed when the crime was committed.
A. Aid of armed men B. Band C. Uninhabited place D. Taking advantage of official position

55. Those circumstances which show greater perversity of the offender, hence, they have the effect of
increasing the penalty.
A. Justifying B. Exempting C. Mitigating D. Aggravating

56. A ________ must be building or structure exclusively used for rest and comfort.
A. rest house B. office C. resort D. dwelling

57. An aggravating circumstance which increases the penalty of the offense to its maximum period.
A. Generic B. Qualifying C. Ordinary D. Specific

58. An aggravating circumstance which cannot be offset by any mitigating circumstances.


A. Generic B. Qualifying C. Ordinary D. Specific

59. An aggravating circumstance which applies to a particular felony.


A. Generic B. Qualifying C. Ordinary D. Specific

60. It entails a swiftness and unexpectedness of the attack.


A. cruelty B. ignominy C. treachery D. craft

Bonus. 61. _____ are circumstances which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and other conditions attending its
commission.
A. Justifying B. Exempting C. Mitigating D. Alternative

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