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MOCK Board Criminal LAW 1 (CRIMINOLOGY)

accountancy (Republic Central Colleges)

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1. Which among the following is not an afflictive penalty?

a. Reclusion perpetua c. prision mayor
b. reclusion temporal d. arresto mayor
2. Under the ________ the maximum duration of the convict’s sentence shall not be more than three (3) times the
length of timecorresponding to the most severe penalties imposed upon him which however shall not exceed
forty (40) years.
a. Supreme Court Ruling b. Revised Penal Code
c. 1987 Constitution d. Three fold rule in the service of sentence
3. Which law prohibited the imposition of the death penalty?
a. RA 9262 c. RA 9211
b. RA 9346 d. RA 9344
4. What is the first and indispensable requisite of self defense?
a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it
c. lack of sufficient provocation on the part of the person defending himself
d. the person defending be not induced by hatred, revenge or other evil motive.
5. A _____ exists when two or more persons come to an agreement concerning the commission of a felony and
decide to commit it.
a. conspiracy c. proposal
b. piracy d. criminal agreement
6. It is that characteristics of criminal law which states that criminal law is binding on all persons who live or
sojourn in thePhilippines regardless of sex, age and nationality.
a. General c. Territorial
b. Practical rospective
7. Article 366 is the second to the last article of the RPC. It says: felonies and misdemeanors, committed prior to
the date of the effectiveness of this Code, shall be punished in accordance with the Code or acts in force at the
time of their commission” This illustrates one of the characteristics of the Revised Penal Code which is:
a. general c. territorial
b. prospective d. extraterritorial.
8. Material crimes are crimes that have three stages namely attempted, frustrated and consummated stages,
whereas __________are crimes that are consummated in one instant, that is it may not have an attempted or
a frustrated stage such as acts of lasciviousness, slander, false testimony etc.
a. formal crimes c. continuing crimes
b. material crimes d. complex crimes
9. As a general rule light felonies are punishable only when they are _______, with the exception of those
committed against persons or property.
a. consummated c. attempted
b. frustrated d. none of the above
10. One of the theories in criminal law which states that man is subdued occasionally by a strange and morbid
phenomenon whichconstrains him to do wrong in spite of or contrary to his own volition.
a. Positivist theory c. Neo classical theory
b. Classical theory d. All of the above.
11. _______ is an act of sovereign power granting a general pardon for past offense and is rarely exercised in favor
of a singleindividual and is usually granted to certain classes of persons usually political offenders, who are
subject to trial but not yet convicted.
a. pardon c. parole
b. commutation d. amnesty
12. It is a rule regarding the jurisdiction of a coastal state whenever a crime is committed aboard a foreign
merchant vesselwhenever that merchant vessel is within the jurisdiction of that coastal state. According to this
rule such crimes are triable in that country, unless their commission affects the peace and security of the
coastal state.
a. French Rule c. English Rule
b. Filipino Rule d. American Rule
13. Acts and omissions punishable by law (RPC) are known as:
a. Felonies c. Culpa
b. Fault d. Crimes
14. Who grants absolute pardon the effect of which will extinguish criminal liability?
a. Chief Executive or President c. Offended party
b. Board of Pardon or Parole d. Supreme Court
15. There is _______ when the criminal act is performed with deliberate intent.
a. freedom of action c. fault

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b. fault d. dolo or deceit

16. When the wrongful act results from imprudence, negligence, lack of foresight or lack of skills then there is:
a. dolo c. fault or culpa
b. deceit d. malice.
17. These are circumstances which are grounds for exemption from punishments because there is wanting in the
agent of the crimeany of the conditions which make the act voluntary or negligent.
a. exempting circumstances b. justifying circumstances
c. alternative circumstances d. mitigating circumstances
18. What do you mean by the Latin, “NULLUM CRIMEN NULLA POENA SINE LEGE”?
a. There is no crime if the offender is able to bribe the police officer handling his case.
b. There is no crime if the offender is able to bribe the fiscal prosecuting his case.
c. Ignorance of the law excuses one from compliance therewith.
d. There is no crime if there is no law punishing it.
19. It is the moving power which impels one to action for a definite result.
a. intent c. motive
b. malice d. lack of foresight
20. What crime exists when a single act constitutes two or more grave or less grave felonies or when an offense is
a necessary meansof committing the other?
a. continuing crime c. habitual delinquency
b. transitory crime d. complex crime
21. “Aberratio Ictus” simply means:
a. mistake in the blow b. mistake in the
identity
c. result greater than intended d. mistake of fact
22. Rhea was driving her car when he bumped Mario. Mario died as a result. At the trial of the case the prosecutor
was able to provethat Rhea had the “mens rea” when he bumped the victim Mario. Hence the information for
Reckless Imprudence resulting in Homicide was dismissed and a new information for murder was filed against
Rhea. What is meant by “mens rea”? A. It means that Rhea had menstruation at the time of the crime which
might exempt her.
B. It means Rhea had her monthly period at the time of the commission of the crime.
C. Mens Rea means Rhea is a men’s woman.
D. Means Rea simply means “criminal intent” that is the act of Rhea was intentional and not accidental.
23. What kind of executive clemency wipes away the guilt of the convicted person. As the name implies it is
exercised by thePresident subject to certain constitutional limitations. In the language of the revered Luis B.
Reyes book, it is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has
committed.
a. Pardon c. Commutation
b. Amnesty d. Parole
24. What is incurred by one who commits a felony although the wrongful act is different from that which he
intended?a. reward c. imprisonment
b.punishment d. criminal liability
25. What is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause,
produces the injury,and without which the result would not have occurred.
a. efficient intervening cause c. proximate cause
b. indeterminate offense d. immediate cause
26. The Witness Protection, Security and Benefit Program of the Department of Justice is:
a. RA 9165 c. PD 968
b. RA 8294 d. 6981
27. ACT 3815 is also known as the Revised Penal Code. When was this Code approved?
a. January 1, 1932 c. December 8, 1930
b. February 2, 1987 d. April 13, 2029
28. What crime is committed which is made against persons or property but which is of impossible
accomplishment because of itsinherent impossibility or on the account of the employment of ineffectual or
inadequate means.
A. continuing crimes c. compound crime
B. impossible crimes d. attempted crimes
29. This takes place when the offender commences the commission of a felony directly by overt acts, and does not
perform all theacts of execution which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.
a. consummated felony c. attempted felony

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b. frustrated felony d. none of the above

30. A felony is _______ when the offender performs all the acts of execution which should produce the felony as a
consequence butwhich, nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.
a. consummated felony c. attempted felony
b. frustrated felony d. infraction of law
31. What aggravating circumstance generally can be applied to all offenses/crimes like recidivism, dwelling, price,
etc?
a. specific c. inherent
b. generic d. qualifying
32. How do you call an offender who within a period of ten (10) years from the date of his release or from the
date of his release orlast conviction of the crimes of serious or less serious physical injuries, robo (robbery)
hurto (theft) estafa or falsification is found guilty of any of said crimes a third time or oftener?
a. recidivist c. reiteration
b. quasi recidivist d. habitual delinquent
33. What is the prescriptive period of crimes punishable by death reclusion perpetua or reclusion temporal?
a. 5 years c. 15 years
b. 10 years d. 20 years
34. What characteristics of criminal law says that “criminal laws undertake to punish crimes committed in
Philippine territory?”
a. general c. territorial
b. prospective d. extraterritorial
35. It is an aggravating circumstance done by the offender by which means are resorted to in order to conceal his
identity such ascovering his face with a bonnet/handkerchief at the time of the commission of the crime.
a. craft c. disguise
b. fraud d. ignominy
36. There is _____ when a person who has decided to commit a felony proposes its execution to some other
person or persons.
a. conspiracy c. collusion
b. proposal d. collaboration
37. __________ are those where the act committed is a crime, but for reasons of public policy no penalty is
imposed.
A. absolutory causes
c. mistake of fact B. exempting
circumstances d. instigation
38. In the old days what was followed was the retreat to the wall doctrine. NOW, it has given way to the stand
ground when in the right doctrine which means:
a. where the accused/defender is where he has the right to be, the law does not require
him to retreat when his assailantis advancing upon him with a deadly weapon.
b. the accused/defender must as much as possible retreat when his opponent is attacking
him and fight only when there is
no other way of escaping such as when cornered against the wall.
c. the accused/defender must not fight in any event
d. the accused/defender must stand and wait for the fatal blow until he dies.
39. X, Y and Z conspired to rob the Philippine National Bank in their secret safe house. While they are planning
how to commit thecrime, operatives of the NBI barged in and arrested the group. What crime was committed
by X, Y and Z? a. no crime was committed
b.under the facts no crime was committed as mere conspiracy to commit a crime
is not punishable c. attempted robbery
d.frustrated robbery
40. X was charged before the court. During the pendency of his trial he died. What would be the effect of his
death on the caseinvolved and on his criminal liability?
a. the criminal case will be dismissed and his criminal liability is extinguished.
b. the criminal case will proceed and his criminal liability is not extinguished.
c. the criminal case will be archived to wait for his resurrection.
d. actually there will be no effect at all because his relatives will be the one to face trial and punished in
case of his
conviction.
41. All of the following are exempted from the operation of our criminal laws EXCEPT:
a. Sovereign Heads and Chiefs of State
b. Ambassadors

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c. Consuls
d. Ministers Plenipotentiaries and Charge’s D Afffaires
42. Which article of the Revised Penal Code talks about the extraterritorial provision of the Revised Penal Code
that is even if certain crimes are committed abroad still Philippine Courts will have jurisdiction to try those
certain offenses.
a. article 1 c. article 100
b. article 2 d. article 367
43. Which among the following is already punishable by law by mere decision to commit it?
a. conspiracy to commit a very beautiful woman
b. conspiracy to commit rebellion/insurrection
c. conspiracy to commit treason
d. conspiracy to kill the Senate President or the Speaker of the Housee. both b and c
44. All of the following are exceptions to the territorial characteristics of our criminal laws EXCEPT:
a. Those who should commit an offense while on a Philippine Ship or airship.
b. Those who should forge or counterfeit any coin or currency note of the Philippine
obligations and securities issued by thePhilippine government.
c. Those who shall commit rebellion against the government o the Philippine Islands
even though committed outside thePhilippine territory.
d. Those who while being public officers or employees should commit an offense in the
exercise of their functions.
45. Which of the following is always exempted in all cases from criminal liability?
a. person fifteen years of age or under
b. an imbecile
c. insane
d. both a and b
46. Which of the following is NOT an element of crimes committed by means of dolo or deceit?
a. Freedom of action of the offender b. Intelligence of the Offender
c. Criminal intent of the offender d. Imprudence or negligence of the offender
47. __________ is a misapprehension of fact on the part of the person who caused injury to another. That
person however is notcriminally liable because he did not act with criminal intent. It is expressed in the
Latin phrase “ignorantia legis non excusat”.
a. aberration ictus c. mistake of fuck1
b. mistake in the blow d. mistake of fact
48. What is meant by “Actus me invito factus non est meus actus”? A. There is no crime if there is no law
punishing it.
B. An act done by me against my will is not my act
C. The act itself does not make a man guilty unless his intention were so.
D. Ignorance of the law excuses no one from compliance therewith.
49. What is meant by “Actus non facit reum nisi mens sit rea?”
A. There is no crime if there is no law punishing it
B. An act done by me against my will is not my act
C. The act itself does not make a man guilty unless his intention were so.
D. Ignorance of fact excuses one from crime.
50. Which of the following crimes over which the Philippine laws have jurisdiction even if the same is
committed outside thePhilippine territory?
a. Espionage
b. misprision of treason
c. Piracy and Mutiny in the high seas
d. treason
e. all of the above
51. All of the following are requisites of “obedience to order issued by superior” EXCEPT:
a. an order has been issued by a superior
b. such an order was issued for some lawful purpose
c. the means used by the subordinate in carrying the order was lawfuld. none of these
52. X attempted to commit unjust vexation (a crime against personal liberty and security), a light felony
punishable by arresto menor against Y. Assume that X was charged before the court of the crime of
attempted unjust vexation. What do you think will most likely happen?
a. X will be convicted as an attempt to commit a crime is punishable.
b. X will be convicted but be will placed under probation as the crime is probationable

1 There is no such thing in criminal law. The example given during the review was supposed to be a joke.

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c. X will be acquitted because an attempted light felony of a crime not against persons or
property is not punishableunder the law.
d. X will bribe the prosecutor so as to secure an acquittal.
53. If X committed a crime because he was drunk at the time. But it was proven that his drunkenness was
accidental. Question: Howis his accidental drunkenness appreciated as a circumstance affecting his
criminal liability?
a. exempting c. mitigating
b. justifying d. aggravating
54. Which of the following is not an element of culpable felonies?
a. Freedom of action c. Intent
b. Intelligence d. Imprudence, negligence, lack of foresight or lack of skills
55. What crime is said to a crime committed against all mankind and whose commission affects all territorial
boundaries such thatthe doer of this crime maybe arrested anywhere in the world he might be seen
because he is deemed to be “hostes humanis generis”?
a. piracy c. drug trafficking
b. treason d. rape
56. When one fails to pay his lawful taxes, or fails to issue receipts for services or goods rendered or delivered
or fails to help his ownvictim whom he accidentally wounded, or fails to report an attempted treason
there is an __________ which is defined as the failure to perform an act which is required by law to be
done.
a. act c. omission
b. criminal liability d. procrastination .
57. Which of the following does not belong to the group?
a. having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation
b. any person who acts in the fulfillment of duty or in the lawful exercise of right or office
c. any person who acts in obedience to an order issued by a superior for some lawful
purposed. state of necessity or avoidance of greater evil
58. When a person is caught possessing an unlicensed firearm, there must be “animus possidendi” on the
part of the offender so that he may be convicted of the crime punished by PD 1866 as amended by RA
8294, the law on illegal possession of firearms. What is meant by animus possidendi?
A. It simply means that there is an animal possessing a firearm.
B. Intent to possess
C. Criminal intent
D. It means that the possessor of the firearm has no license to carry it.
59. X, a police officer arrested Y because the latter’s face is very ugly, so ugly that not even Y’s own mother
could stomach such anappearance. Among the following which do you think is the best defense of Y? A. X
himself is also ugly so X had no right to arrest Y.
B. X had no warrant of arrest to arrest Y , therefore the arrest was illegal
C. X has to tell the judge handling the case that “beauty is a relative term and that beauty
is in the eye of the beholder.”
D. Y’s possession of ugly face is not punishable by law and the rule is “nullum crimen
nulla poena sine lege” 60. In relation to the above question, for what crime would you charge X for
arresting Y?
a. ignorance of the law C. arbitrary detention
b. serious illegal detention D. illegal detention
61. What aggravating circumstance is present when a person commits a crime against the person employing
means methods orforms in the execution thereof, which tend directly and specially to ensure its execution,
without risk to himself arising from the defense which the offended party might make.
A. treachery C.
passion B. ignominy
D. cruelty
62. In determining whether the crime has reached the attempted or frustrated or consummated stage, what
should be considered?a. elements constituting the felony b. nature of the offense
c. manner of committing the felony d. all of the above
63. What crime is committed by one who acting under one criminal resolution, commits a series of acts in the
same place and aboutthe same time and all overt acts committed violated one and the same penal
provisions?
A. complex crime c. delito compuesto
B. special complex crime d. continuing crime
64. Which among the following is a qualifying circumstance to the felony of murder?

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A. treachery
c. relationship B. Insanity
d. recidivism
65. Under the old law a person under 9 but under 15 years of age is exempted from criminal liability unless he
acted withdiscernment. Under the new law, RA 9344, also known as the Juvenile Justice and Welfare Act, A
person over fifteen and under 18 is exempt from criminal liability unless he acted with discernment. What do
you mean by discernment?
a. discernment is the ability of a minor to distinguish between right and wrong and to fully understand
the consequences
of his acts.
b. discernment is the act of a minor who commits a crime
c. discernment is the mental attitude displayed by a minor who commits a crime.
d. discernment is a word that can only be understood if one looks for its meaning in a good dictionary.
66. What is meant by “el que es causa de la causa es causa del mal causado”?
A. he who is the cause of the cause is the cause of the evil caused.
B. ignorance of the law excuses no one
C. there is no crime if no law is punishing it
D. act by me against my will is not my act
67. What is the purpose of the law in punishing impossible crimes?
A. to suppress criminal propensities or tendencies
B. to keep the potential criminal off the streets
C. to serve as an example to others
D. to deter others from committing the same act
68. Ambassador Fukimo Mikuto of Japan to the Philippines killed (the) Filipina girlfriend of his boyfriend
Ambassador JackolinoMastovini of Italy. What crime can be charged against the ambassador? 2
A. murder c. homicide
B. physical injury d. no, crime as she is exempted from our law
69. Under article 5 of the Revised Penal Code, “when ever a court has knowledge of any act which it may deem
proper to repressand which is not punishable by law, it shall render the decision and shall report to the Chief
Executive, through the __________, the reasons which induce the court to believe that said act should be
made the subject of a penal legislation.”
A. Department of Justice c. Department of Interior and Local Government
B. Philippine National Police d. Supreme Court
70. Under article 12 of the RPC, a person is exempted from criminal liability because of:
A. complete absence intelligence
B. complete absence of freedom of action
C. complete absence of intent
D. complete absence of negligence
E. all of the above
(Note: The next three (3) question are connected to each other)
71. X is a 4 year criminology student. He is deeply in love with Y a beautiful nursing student who is studying in
th

the same school where he is enrolled. X’s offer of love to Y was rejected by the latter. It is for this reason that
X decided to rape Y. However he could not perpetrate his bestial desire because Y is always guarded by her
6’10” basketball player boyfriend. Unable to satisfy his lust, X merely contented himself in having sexual
intercourse with Y in his deepest, wildest, darkest and wettest imaginations day and night 24/7. What crime
did X commit?
a. immorality c. sin
b. attempted rape d. no
crime

72. In the above case, assume that X got sick and tired of raping Y in his imagination. X wanted a real sexual
intercourse but couldnot do so because Y is already taken by another man and that he is so poor he could not
even afford to hire the services of a prostitute. Feeling desperate for companionship and intimate sexual
relations, X did the unthinkable. One cold, lonely and horrible night he locked himself up in his room together
with “fulgoso” his female dog and forcefully had sex with the latter. What crime did X commit?
a. rape b. acts of lasciviousness c. damage to property
d. crimes against the order of nature e. none of the above
73. Assume this time that X had the opportunity and the luck to somehow slip into the boarding house where Y
was sleeping.Nobody was around except him (X) and Y as Christmas vacation had just begun. X commenced
the commission of the crime of rape by forcefully undressing Y, touching her and her private parts and

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undressing himself as well. In his stark and naked glory, X grabbed his erected offending organ pointed it at
Y’s private part and was about to insert it to Y’s vagina when in what could be the most bizarre twist of fate,
X suddenly suffered from a premature ejaculation against his will causing his private part to go soft and limp
and remained in that state despite efforts of X to revive its former glory. No penetration took place as a
result as it very difficult to penetrate another with a flaccid organ. X was apprehended thereafter. What
crime did X commit?
a. impossible crime c. attempted rape
b. frustrated rape d. consummated rape
74. A wanted to kill B. He thought of mixing poison in the drink of the latter. He went to the supermarket and
bought a pack of ratkiller with the intention to mix its contents to the drink/food of B. On his way home, with
the rat killer on his hand he was apprehended by the NBI authorities. What crime did A commit?
a. no crime c. sin
b. attempted murder d. attempted homicide.
75. An adult man killing a child (not related to him) is always:
a. infanticide c. murder
b. cowardice d. parricide
76. Which of the following words does not belong to the group?
a. intent c. lack of skill
b. lack of foresight d. imprudence or negligence
77. X was caught in the act of pouring gas in the house of another. He was about to strike the match in
preparation to set the houseon fire when he was stooped by alerted citizens. What crime was committed?
a. consummated arson c. attempted arson
b. frustrated arson d. no crime
78. X got mad with his neighbor so he lit a rag soaked with gas and place it against the wall of his neighbor’s
house. A small, verysmall portion, repeat, very small portion only of the house was burned. The fire that
burned that portion could not have even hurt anyone. Luckily the fire was put out before it become a major
one. What crime was committed?
a. impossible crime of arson c. frustrated arson
b. attempted murder d. attempted arson e. arson3
79. Grave abuse of confidence is an example of what king of aggravating circumstance?
a. qualifying c. inherent
b. generic d. specific
80. Which is NOT a common requisite of justifying circumstances of self defense, defense or relatives and
defense of strangers? a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it;
c. the person defending be not induced by renege, hatred or other evil motived.
both a and b
81. USS Destroyer of the U.S. Navy was anchored along the stretch of Subic Bay when Cdt. 1 st Class Steve Austin
stabbed to death his fellow American soldier by the name of Lance Corporal Shawn Michaels. The stabbing
incident happened inside the USS Destroyer.
Which Court shall have jurisdiction over the crime?
a. Philippine Court b. Regional Trial Court of Olongapo
c. U.S. Courts d. Philippine Supreme Court
82. One of these statements is NOT true. Which one is it?4
a. in provocation, the cause that brought about the provocation need not be a grave offense.
b. in vindication, the grave offense must be made directly only to the person committing the felony and
no other else
c. in provocation, it is necessary that the provocation or threat immediately preceded the act, in other
words there must be
no interval of time between the provocation and the commission of the crime
d. in vindication, the vindication of the grave offense must be proximate which admits of an interval of
time between the
grave offense done by the offended party and the commission of the crime as a retaliatory measure of
the accused (Note: The next three (3) questions are related to each
other.)
83. Ah Chong was afraid of bad elements. One night he locked himself in his room by placing a chair opposite the
door. Suddenly hewas awakened by someone trying to open the door. He asked angrily “Who is there?!” but
received no reply except another barrages of violent knockings. Fearing for his life he got out of bed and
uttered “I will kill you if you enter the room”. At that precise moment, he was struck by the chair that was
placed against the door, and believing that his life was in grave danger he got a kitchen knife and struck and
killed the unwanted intruder. It turned out that the supposed intruder was his very own lawfully wedded
wife and that she was just playing a practical joke.

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Lets us assume that Ah Chong is criminally liable. For what crime would Ah Chong be held liable with?
a. homicide c. attempted parricide

3
4

b. frustrated murder d. parricide

84. In relation to the above facts, in reality, Ah Chong is not supposed to be held criminally liable by the law
because Ah Chong actedunder:
a. mistake of fact c. self defense
b. uncontrollable fear d. death under exceptional
85. In relation again to the above facts, which of the following would be least material in the prosecution of the
case assuming thatAh Chong is prosecuted before the court?
A. The warning “I will kill you if you enter the room”
B. The Chair
C. The Knife D. The Bed
86. X, a Filipino is married to Y a Filipina in the Philippines. After a few months of marriage, X discovered that Y
farts with a soundlouder than that produced by both the Hiroshima and Nagasaki atomic bombs combined.
This turned X off and wished for a separation. Unable to secure an annulment of his marriage, X went to the
United States and married Z, a woman who farts with much more finesse and with less produced sound as
measured on the decibel scale. What crime was committed by X?
a. kababawan c. infidelity
b. bigamy d. no crime was committed.
87. In the above question, no crime was committed by X because:
a. Philippine society has grown tolerant to men who marry for a second or third time.
b. It will serve a lesson to women who after luring men into marrying them and represent that they were
pure and decent
and god-like would suddenly, after getting what they want from their men show their true colors by farting at their
men straight on the latter’s faces.
c. Philippine legislators are mostly men and had deliberately omitted to enact laws making laws that will
punish X’s act.
d. If ever the crime committed by X was bigamy but the act of marrying the second time during the
subsistence of the
prior marriage was committed abroad and the crime of bigamy has no extraterritorial effects hence the
territorial characteristics of criminal law finds application. In other words the crime was committed outside the
Philippines therefore no crime was committed by X.
88. X committed a crime during the time that his mind is lucid (sane). At the time of his trial he became insane.
What will be theimplication of his insanity to his trial or criminal liability?
a. he is exempted from criminal liability because of article 12 paragraph 1.
b. trial will proceed but if the judge finds him guilty then the sentence is suspended
c. trial will be suspended until he regains his mental sanity.
d. the case will be dismissed
e. no effect at all
89. A, B, C and D conspired to rape E. F, a neighbor of A, B, C and D knew all along the plan of A B C and D
because he used toeavesdrop on A B C and D’s conversation but did not report the conspiracy to the
authorities. . Lets us say that A B C and D had actually consummated the rape of E. In this case F is:
a. a co-conspirator b. should be held liable for omission
c. an accomplice d. not criminally liable
90. A with intent to kill, fired his gun at B. He inflicted a mortal wound. A sudden twist of his conscience made A
repentant when hesaw B wounded and dying. So A himself brought B to the hospital. B survived as a result of
medical intervention. What crime did A commit?
A. frustrated felony c. frustrated murder e. no crime
B. consummated felony d. physical injury
91. X committed suicide by jumping down from the 3 rd floor of a building. However an unfortunate balut vendor
who was plying his trade became X’ shock absorber when X accidentally drop on top of him. X lived while the
balut vendor died. What crime was committed by X?
A. no crime c. homicide
B. reckless imprudence resulting to homicide d. physical injuries
92. A band of robbers tried to rob a bank. X a policeman responded in the crime scene. An exchange of gunfire
ensued. After theshootout all the bank robbers are lying dead, including the bank manager. Upon

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investigation, it was found out that the bullet which killed the bank manager came from the gun used by X. In
other words X was the one who hit the bank manager in the course of the shootout. X is:
A. liable for the death of the manager and robbers
B. liable for the death of the manager only
C. not liable at all
D. guilty of reckless imprudence.
93. X saw his enemy Y lying on his bed. X saw an opportunity to kill Y so he lunged on the latter a series of hard
stabbings. Unknownto X, Y already died of heart attack an hour ago. We all know that X committed an
impossible crime of murder. There is no doubt about doubt that. However let us assume that X already knew
that Y was already dead when he stabbed the already lifeless body of Y. In this case what crime was
committed by X?
A. still impossible crime c. unjust vexation
B. damage to property d. no crime
94. X was convicted of Homicide today. Judgment became final in due course. Assume that about two months
from today X this timeis convicted of murder. How do you classify X?
a. recidivist c. hardened criminal
b. habitual delinquent d. quasi recidivist

95. X with intent to kill aimed his gun against Y. X did not know that the gun was empty as it had no bullet in its
cylinder. As a resultwhen he pressed the trigger it did not fire. What crime was committed by X? A.
impossible crime c. katangahan
B. attempted felony d. attempted homicide or murder.
96. In the immediately preceding number, let us assume that X had actually made sure that the gun had live
bullets. Now with intentto kill he aimed his gun against Y. But the gun did not fire. This time the reason for
the non firing of the gun was that the gun suffered a malfunction as the bullet jammed altogether. What
crime was committed by X?
A. impossible crime c. kamalasan
B. attempted felony d. frustrated felony
Note: The next six (6) questions are related to each other
97. Dr. X had long wanted to kill Y his lawfully wedded wife. So one night he mixed whitish substances (arsenic)
on the soup of the latter. When the wife had already finished her meal including the soup with poison, Dr. X
had a sudden change of heart and decided to save the life of the wife by employing his knowledge in
toxicology. He immediately administered an antidote. The antidote administered by Dr. X prevented the
death of the wife who however unfortunately became vegetable like (nabaldado) thereafter. What crime was
committed by Dr. X?
a. attempted parricide d. consummated physical injuries
b. frustrated parricide e. consummated serious physical injuries
c. attempted murder f. no crime was committed by Dr. X.
98. Which of the following elements of a frustrated crime was not present in this case.
a. the offender performed all the acts of execution;
b. all the acts performed would produce the felony as a consequence;
c. the felony is not produced by reason of causes independent of the will of the perpetrator.
99. Which of the following statement is not true?
a. In justifying circumstance, there is no civil liability except in state of necessity also known as
avoidance of greater evil. b. In exempting circumstance there is a crime but there is no criminal
c. A person who acts by virtue of a justifying circumstance does not transgress the law because there is
nothing in the act as well as in the intention of the person which is unlawful.
d. None of these (as all of them are true)
100. Which of the following circumstances will most likely affect or aggravate Dr. X’s criminal liability?
a. dwelling c. nightime
b. relationship d. evident premeditation
101. Let us assume that Dr. X did not have a change of heart and upon seeing his wife at the threshold of death,
he merely laughs atthe latter. Assuming that it was another doctor who saved the life of the wife, what crime
was committed by Dr. X?
a. consummated physical injuries c. frustrated parricide
b. frustrated murder d. serious physical injuries
102. Assume that instead of arsenic, Dr. X mistook sugar for a poison and mixed them to the soup of his wife.
Naturally the wife willnot die. What crime was committed by Dr. X?
a. attempted murder c. impossible crime
b. attempted parricide d. frustrated physical injuries or homicide.
103. Let us assume that Dr. X and his wife are only commonly law husband and wife (they are not married). Dr. X
mixed poison onthe latter’s soup. The latter died. What crime was committed by Dr. X?

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a. parricide c. murder
b. homicide d. illegal practice of medicine
104. X, a member of “Akyat Bahay” was caught by a police officer in the act of removing the wooden
boards/jalousies of “Mang Kepweng’s Sari Sari Store”. The police officer testified that X was about to enter
the store when he actually affected the arrest of X.
What crime was committed by X?
a. attempted trespass to dwelling c. attempted robbery
b. attempted rape or homicide d. attempted violation of domicile
105. All of the following are requisites of evident premeditation EXCEPT:
a. time when the offender decided to commit the crime
b. an act manifesting that the culprit has clung to his determination
c. sufficient lapse of time between the determination and execution, to allow the offender to reflect upon
the consequences
of his acts and to allow his conscience to overcome the resolution of his will
d. at least one day reflection or meditation by the offender
106. X, a cockfighting (sabong) addict stole one of the fighting cocks (manok panabong) of Manny Pacquiao. X
thought that he scored a “big hit” because Pacquiao’s fighting cocks are reputed to be the fiercest and the
toughest breed in the world. To his surprise and disappointment however, the fighting cock which he stole from
the Pacquiao farm was a gay (binabae) fighting cock as it would constantly run when pitted against another
fighting cock. Out of disgust, he returned the fighting cock to the farm where he stole it but unfortunately he was
caught by a guard while in the act of returning it. What crime did X commit?
a. consummated thef b. attempted theft
c. no crime because he returned the fighting cock d.
impossible crime 107. Which of the following is a continuing crime/offense?
a. a thief taking two fighting cocks from the same backyard belonging to different persons
b. a robber robbing one house in Cavite and then robbed another house in Muntinlupa and then robbed
another house in
Manila one after the other
c. a band of robber robbing a passenger jeepney the robbery taking place along the strech of the
highway whose
jurisdiction belong to different cities.
d. all of the above.

108. Which among the following is a compound crime?

A. X placed a bomb in a plane causing it to explode killing several people.
B. X fired his gun twice in succession aimed against two different person killing both of them.
C. The accused fired a machine gun against different persons. The first burst of shots killed two people.
the second killed an undetermined number.
D. X raped B and C at the same time one after the other.
109. Which among the following is an exempting circumstance?
a. any person who in order to avoid an injury does an act which causes damage to another
b. any person who acts in the fulfillment of duty or in the lawful exercise of a right or office
c. An act done under the impulse of an uncontrollable fear of an equal or greater injury
d. Any person who acts under the compulsion of an irresistible force
e. Having acted under the impulse so powerful as naturally to have produced passion or obfuscation f.
None of the above
g. Both c and d
110. Which of the following is a mitigating circumstance?
a. offender had no intention to commit so grave a wrong as that committed
b. offender is over 70 years old
c. immediate vindication of grave offense
d. passion or obfuscation
e. incomplete justifying or incomplete exempting circumstance
f. all of the above are mitigating.
111. All of the following are requisites of avoidance of greater evil or state of necessity EXCEPT:
a. that the evil sought to be avoided actually exists
b. that the injury feared be greater than that done to avoid it
c. that there be no practical or less harmful means of preventing it
d. that the offender must exercise due care.
112. X without the consent of Y took the cell phone of Y. Z, without participating in the commission of the act but
knowing that thephone was stolen volunteered to sell the cell phone to W for P1000. Both X and Z shared

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60/40 in the proceeds of the sold stolen cell phone. What crime and degree of participation was committed
by X?
a. principal in consummated robbery b. principal in consummated theft
c. principal in frustrated theft d. principal
in anti fencing. 113. What crime was committed by Z?
a. accomplice in consummated theft b. principal in consummated thef
c. accessory in consummated theft d. co conspirator in theft
114. Assume that W knew or had reason to believe that the cell phone was stolen and yet he still bought it, did W
commit any crime?a. yes violation of anti-fencing law
b. no criminal liability at all
c. yes actually W can be charged both as an accessory in the crime of thef and violation
of PD 1612 the Anti fencing Lawat the same time.
d. Yes as accessory but he is exempted.
115. X (as principal) committed the crime of Homicide (consummated) which is punishable by Reclusion Temporal.
He pleaded guilty to the charge at the arraignment. Determine his penalty.
A. Prision mayor (any period) as minimum to Reclusion temporal (minimum period) as the maximum
period of the indeterminate penalty.
B. Prision mayor (minimum) as minimum to Reclusion temporal (any period) as the maximum period of
the indeterminate penalty
C. Reclusion temporal as the minimum period to reclusion perpetua as maximum
D. Prision mayor.
116. X (as principal) committed grave coercion (consummated) punishable by prision correctional. There was one
aggravating circumstance in the commission of the crime let us say “with the aid of armed men”. Fix his
penalty.
A. arresto mayor (any period) as minimum to Prision correctional (maximum period) as maximum
period of the indeterminate penalty.
B. arresto mayor (medium period) as minimum to Prision correctional (any period) as maximum period
of the indeterminate penalty.
C. Prision correctional medium to Prison mayor as maximum period
D. None of the above.
117. There are three (3) inherent powers of the state. Which power is that which promotes the public welfare by
restraining andregulating property and the exercise of liberty?
a. police power c. taxation
b. power of eminent domain d. martial
118. The first man to be executed via lethal injection in the Philippines:
a. Dave Batista c. Fedor Emilialenko
b. Tito Ortiz d. Leo Etchegaray
119. The first woman to be sentenced to die via lethal injection in the Philippines 2
a. Josefina Esparas c. Tracy Lords
b. Carmen Luvana d. Jenna Haze
1
.
D

2
D

3
B

4
A
5A
6
A

7
B

8
A

2 Her death sentence however was never carried out.

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A

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1
1
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1
5
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6
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7
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4
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1
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5
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6
0

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1
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6
2
D
6
3
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4
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66A
6
7
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6
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7
4
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7
6
A

7
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7
9
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8
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4
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9
2
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3
D

9
4
A
9
5

16

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6
B

9
7
E

9
8
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9
9
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1
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1
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102C

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18

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