G NOTES

2015 CRIMINAL BOOK ONE

MAKAMASA A. GAPIT

1. Criminal law is substantive law while criminal procedure is:

a. Adjective law
b. Remedial law
c. Procedural Law
d. All of these

2. Who has the power to define and punish crimes?

a. God
b. People
c. Persons in authority
d. The State

3. The fault or negligence of a person causing damage to another, and there is no pre
existing contractual relation between the parties
a. Culpa aquiliana
b. Culpa contractual
c. Culpa criminal
d. Cupal

4. The body of principles, usages and rules of actions which do not result from the express
act of the legislature.
a. Common low crimes
b. Common law husband and wife
c. Common law relationship
d. Common law

5. Anti Child Pornography Law

a. RA 9775 b. RA 7997 c. RA 9757 d. RA 7579

6. Refers to any representation, whether visual, audio, or written combination thereof, by

electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities. Mere possession of these
materials is punishable.
a. Child abuse b. child maltreatment c. child pornography

7. A shot B to death. U saw it. U did not report the crime he witnesses to the police. Here U
is:
a. Liable for some crime b. not liable for any crime c. obstruction of justice

8. Assume that today is wartime. U heard B and C, your neighbors planning to commit
treason against the Philippines. U did not report it to the fiscal, mayor or governor. U is:
a. Liable for misprision of treason
b. Liable for obstruction of justice
c. Not liable for any crime

9. One exception to the general characteristics is that which is provided under treaties or
treaty stipulations. Which of these is an example of treaty?
a. RP-US Visiting Forces Agreement
b. Enhanced Defense Cooperation Agreement (EDCA)
c. All of these

10. It is an agreement between the Philippines and the United States which is envisioned to
advance the implementation of the PH-US Mutual Defense Treaty (MDT). It is designed
to promote between the Philippines and its defense treaty ally the United States the
following: Interoperability; Capacity building towards AFP modernization; Strengthening

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 AFP for external defense; Maritime Securit; Maritime Domain Awareness; Humanitarian
Assistance and Disaster Response .

a. EDCA

11. What law grants protection to diplomatic representatives, ambassador or other public
ministers of foreign countries including their domestic servants authorized and received
by the President?
a. RA 75 b. RA 57 c. Constitution d. RPC

12. Commonwealth Act No. 48 as amended by RA 7055 is the law that deals with AFP
personnel. This is:
a. Coup d ‘ etat b. Articles of War

13. In the Philipines registration of Philippine ships and airships are done at the:
a. Bureau of Internal Revenue
b. Department of Justice
c. Bureau of Customs
d. DPWH

14. Which among the following laws do the Philippines enjoy extraterritorial jurisdiction, in
that even if the crime is committed abroad the Philippines can punish the offender?
a. RA 9208 as amended by RA 10364 anti trafficking
b. RA 9372 human security
c. All of these

15. Penal laws can have retroactive effect if the penal law is:
a. Favorable to the accused
b. Unfavorable to the accused

16. Even though the new penal law is favorable to the accused, it cannot have a retroactive
effect in favor of the accused, if the accused is which of these?
a. Recidivist
b. Habitual criminal
c. Reiteration
d. Quasi recidivist

17. Lex Prospicit Non Respicit

a. The law applies backward never forward
b. The law applies forward but sometimes backwards
c. The law applies forward not backwards
d. The law applies to all otherwise none at all

18. Favorabilia Sunt Amplianda Adiosa Restrigenda

a. Penal laws favorable to the accused are given retroactive effect

b. The law applies forward not backwards
c. The law may be harsh but that is the law
d. None of these

19. When there is doubt about the meaning or application or interpretation of a penal law
and the doubt admits of two interpretations, one which is lenient to the offender and the
other one is favorabe to him, then the interpretation which is favorable to the accused
should be applied.
a. Pro Reo
b. Oreo Biscuit
c. Reo Speedwagon
d. Koreo

20. In Dubio Pro Reo means:

a. When in doubt rule for the accused
b. When not sure convict the accused

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c. Acquit the accused when he is not the criminal
d. All of these

21. The Spanish Penal Code took effect on:

a. January 1, 1932
b. July 14, 1887

22. The Spanish Penal Code stopped to exist on:

a. December 31, 1931
b. December 8, 1930

23. CCC stands for:

a. Communist Council of China
b. Criminal Code Committee

24. The Chairman of the CCC is:

a. Mao Tse Tung
b. Karl Marx
c. Anacleto Diaz
d. Geronimo Sy

25. An Act Instituting the Philippine Code of Crimes to Further Strengthen the Criminal
Justice System, Repealing for the Purpose Book One of Act No. 3815, As Amended,
Otherwise Known as the Revised Penal Code of the Philippines and other Special Laws
on Crimes,” or “The Philippine Code of Crimes.”
a. House Bill (HB) 2300
b. Resolution 2300
c. RA 2300
d. PD 2300

26. The Anti Drunk and Drugged Driving Act:

a. RA 10054
b. RA 10586

27. Which of these is not a requisite of mistake of fact?

a. The act would have been lawful had the facts been as the accused believed them to be;
b. The intention of the accused in performing the act should be lawful;
c. That the mistake must be without fault or carelessness on the part of the accused.
d. Reasonable necessity of the means employed

28. Ignorantia legis non excusat

a. Ignorance of the law excuses no one
b. Ignorance of the law causes one to fail the exams in school
c. Nobody should be punished for his ignorance of the law

29. Actus me invito factus nonest meus actus

a. An act done by me against my will is not my act.
b. The act itself does not make a man guilty unless his intention was so

30. Actus non facit reum nisi mens sit rea

a. An act done by me against my will is not my act.
b. The act itself does not make a man guilty unless his intention was so

31. Are those that break the relation of cause and effect.
a. Proximate cause
b. Efficient Intervening cause

32. Cogitationis poenam nemo emeret

a. No one may be punished for being ugly
b. No one may be punished for ignorance of the law
c. No one may be punished for his evil thoughts

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33. Which of these is not a requisite of attempted felony?
a. Offender commences the commission of a felony directly by overt acts
b. He does not perform all the acts of execution
c. He is not stopped by his own spontaneous desistance
d. The non performance of the all acts of execution was due to cause or accident other
than his own spontaneous desistance.
e. The felony was produced

34. It is some physical activity or deed more than a mere planning or preparation, which if
carried out to its complete termination following its natural course. Without being
frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will
logically and naturally ripen in a concrete offense.
a. Act b. omission c. overt act d. felony

35. It is one where the purpose of the offender in performing an act is not certain
a. Determinate offense b. indeterminate offense

36. Which of these is a requisite of frustrated felony?

a. Offender performs all the acts of execution
b. Felony is not produced
c. By reason of cause independent of the will of the perpetrator
d. All of these

37. It is that portion of the acts constituting the crime, starting from the point where the
offender begins the commission of the crime to the point where he still has control over
his act and their natural course. If the act is still in this phase, the crime is attempted.
a. Subjective phase b. objective phase

38. In this phase, the subjective phase has already passed and the offender has no more
control over his criminal actions.
a. Subjective phase b. objective phase

39. Light felonies are punishable only when consummated, except when they are committed
against:
a. Persons and property
b. persons and chastity
c. liberty and security

40. A light felony is punishable only when consummated because it produces such light,
insignificant moral or material injury that public conscience is satisfied with a light penalty
for its commission. If not consummated, the wrong done is so small that there is no need
for providing a penalty at all. This statement is:
a. True b. False

41. Which of these is already punishable?

a. Conspiracy to commit treason (Art.115);
b. Conspiracy to commit rebellion or insurrection (Art. 136);
c. Conspiracy to commit sedition (Art. 141);
d. Conspiracy in restraint of trade or commerce (Art. 186)
e. Conspiracy to commit terrorism under RA 9372
f. Conspiracy to commit arson under PD 1613
g. All of these

42. Which of these proposals is not punishable?

a. Proposal to commit treason
b. Proposal to commit rebellion or insurrection
c.Proposal to commit coup d’ etat
d. proposal to commit sedition

43. This law states that the owner or the lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal thereof. Thus he may use such force as

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 may be reasonably necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property.
a. Self reliance
b. Self Help

44. A woman who is repeatedly subjected to any forceful physical or psychological behavior
by a man in order to do something he wants her to do without concern for her rights. It
includes wives or woman in any form of intimate relationship with a man. The couple
must go through the battering cycle at least twice.
a. Battered woman
b. Happy woman
c. MILF
d. POV

45. Which of these is a cycle of violence in the battered woman syndrome?

a. Tension Building Stage- where minor battering occurs
b. Acute Battering Incident- characterized by brutality, destructiveness and death.
c. Tranquil or loving phase- The batterer shows loving caring nurture to the victim.
d. All of the above

46. First instance of “Battered Woman Syndrome” raised as a defense in a criminal case for
parricide is:
a. People vs. Marivic Genosa
b. People vs. Leo Etchegaray
c. People vs Edgar Jumawan

47. Under RA 9344, persons below 18 years of age shall be exempt from prosecution for
this crime. Which crime is it?
a. Vagrancy
b. Prostitution
c. mendicancy under PD 1563
d. sniffing of rugby under PD 1619
e. all of these

48. The strengthening the Juvenile Justice System amending RA 9344. Under this law the
juvenile and welfare council has been shifted from the DOJ to the DSWD.
a. RA 10630 b. RA 63010

49. Complete title of RA 9344 as amended

a. An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating
the Juvenile justice and Welfare Council under the Department of Social Welfare and
Development, Appropriating Funds Therefor, and for Other Purposes.
b. Juvenile Justice and Welfare Act of 2006

50. An occurrence that happens beyond the sway of our will:

a. Sex b. dreams c. accident d. crimes

51. A force which produces such an effect upon an individual that, in spite of all resistance, it
reduces him to a mere instrument and as such incapable of committing a crime.
a. Irresistible force
b. Uncontrollable fear

52. This presupposes that the accused is compelled by means of threat or intimidation by a
third person to commit a crime
a. Irresistible force
b. Uncontrollable fear

53. This refers to some motive which has lawfully, morally, or physically prevented one to do
what the law commands.
a. Lawful or insuperable cause
b. Absolutory cause
c. Proximate cause

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 d. Immediate cause

54. Those where the act of a person is a crime, but because of public policy, there is no
penalty imposed.
a. Lawful or insuperable cause
b. Absolutory cause
c. Proximate cause
d. Immediate cause

55. Trafficked persons shall be recognized as victims of the act or acts of trafficking and as
such, shall not be penalized for unlawful acts committed as a direct result of, or as an
incident or in relation to, being trafficked based on the acts of trafficking enumerated in
RA 9208 as amended by RA 10364, in obedience to the order made by the trafficker in
relation thereto. In this regard, the consent of a trafficked person to the intended
exploitation set forth in this Act shall be irrelevant. The statement is:
a. True b. false

56. Which of these has no criminal and civil liabilities?

a. Imbecility; Insanity – no criminal there is civil liability
b. A person under 15 or exactly 15 years old
c. A person 15 years old and 1 day to 17 years old
d. Accident –
e. Irresistible force -
f. Uncontrollable fear
g. Lawful or insuperable cause.
h. Both d and g

57. Praeter intentionem or the accused had no intent to commit so grave a wrong is not
applicable in:
a. Violations of Hazing law
b. Murder and homicide

58. Plea of guilty or confession of guilt is mitigating. But plea of guilty or confession of guilt is
not mitigating in:
a. Violations of special laws
b. Culpable felonies
c. All of the above

59. Which of this is a requisite of voluntary surrender?

a. OFFENDER HAD NOT BEEN ARRESTED;
b. HE SURRENDERED TO A PERSON IN AUTHORITY OR AGENT OF A PERSON IN
AUTHORITY;
c. SURRENDER WAS VOLUNTARY;
d. THERE IS NO PENDING WARRANT OF ARREST IS INFORMATION FILED
e. All of these

60. Ordinary Mitigating has the effect of decreasing the imposable penalty only in its
minimum period, while _______ has the effect of decreasing the penalty by one or even
two degrees.
a. Privileged mitigating
b. Generic aggravating

61. Robber X and Robber Y robbed a certain village upon the assurance of the baranggay
tanod that they would not patrol the village on that night. What aggravating circumstance
is present?
a. Aid of persons who insure impunity
b. Price reward or promise

62. It involves a determination to commit the crime prior to the moment of its execution and
also to carry out the criminal intent which must be the result of deliberate, calculated and
reflective thoughts through a period of time sufficient to dispassionately consider and
accept the consequences thereof, thus indicating greater perversity

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a. Cruelty
b. Treachery
c. Evident premeditation

63. The essence of this is that the execution of the criminal act must be preceded by cool
thought and reflection upon the resolution to carry out the criminal intent during the
space of time sufficient to arrive at a calm judgment.
a. Cruelty
b. Treachery
c. Evident premeditation

64. Which of these is a requisite of evident premeditation?

a. The time when the offender determined to commit the crime;
b. An act manifestly indicating that the culprit has clung to his determination;
c. A sufficient lapse of time between the determination and execution, to allow him to
reflect upon the consequences of his act and to allow his conscience to overcome the
resolution of his will.
d. All of these

65. It is a circumstance characterized by trickery or cunning resorted to by the accused, to

carry out his design. It is the use of intellectual trickery and cunning on the part of the
accused.
a. Craft b. fraud c. disguise

66. It is insidious words or machinations used to induce the victim to act in a manner which
would enable the offender to carry out his design.
a. Craft b. fraud c. disguise

67. It is a circumstance pertaining to the moral order, which adds disgrace and obloquy to
the material injury caused by the crime. It is a circumstance that tends to make the
effects of the crime more humiliating, thus adding to the victim’s moral sufferings.
a. Treachery b. ignominy

68. When an entrance is affected by a way not intended for the purpose.
a. Trespassing
b. Unlawful entry
c. Unlawful exit

69. A circumstance whereby the offender enjoys and delights in making his victim suffer
slowly and gradually, causing him unnecessary physical pain in the consummation of his
criminal act
a. Treachery b. cruelty

70. Comprehensive firearms and ammunitions regulations act

a. PD 1866 b. RA 8294 c. RA 10591

71. It means a group of two or more persons collaborating, confederating, or mutually

helping one another for the purpose of gain in the commission of a crime.
a. Organized or syndicated crime group
b. Mafia
c. Band
d. Brigandage

72. There is collective criminal responsibility when the offenders are liable in the same
manner and the same extent. While there is _____ where some offenders are principals,
some are accomplices others may be accessories.
a. Individual b. quasi judicial

73. According to this theory, the primary function of punishment is the protection of society
against actual and potential wrongdoers.
a. Utilitarian or protective theory
b. Lombrosian or positivist theory

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74. An accused undergoes this when the offense charged is non bailable or even if bailable
he cannot furnish the required bail.
a. Subsidiary imprisonment
b. Preventive imprisonment

75. Offenders or accused who have undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed upon convicted prisoners,
except in which of these case?
a. When they are recidivists, or have been convicted previously twice or more times of any
crime; and
b. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
c. Both a and b

76. If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and
shall be credited in the service of his sentence with of the time during which he has
undergone preventive imprisonment.
a. 4/5 b. 2/5

77. "Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be ______ immediately without prejudice to
the continuation of the trial thereof or the proceeding on appeal, if the same is under
review
a. Released
b. Executed
c. Pardoned

78. In case the maximum penalty to which the accused may be sentenced is destierro, he
shall be released after how many days of preventive imprisonment?
a. 6 months and 1 day to 6 years b. 30 days

79. A written declaration of a detained prisoner with the assistance of a counsel, stating his
refusal to abide by the same disciplinary rules imposed upon a convicted prisoner for the
purpose of availing the full credit of the period of his preventive imprisonment.
a. Detainee’s manifestation
b. Detainee’s waiver

80. A written declaration of a detained prisoner with the assistance of a counsel, stating his
refusal to abide by the same disciplinary rules imposed upon a convicted prisoner by
final judgment and thus be entitled to a credit of 4/5 of the time during preventive
imprisonment.
c. Detainee’s manifestation
d. Detainee’s waiver

81. A word which means tending to cause crime or criminality such as alcohol and drugs can
be described as ________.
a. Criminogenic
b. crimonologenesis

82. It is an accessory penalty which has the effects of depriving the offender during the time
of his sentence of the rights of parental authority, or guardianship, either as to the
person or property of any ward, of marital authority, of the right to manage his property,
and of the right to dispose of such property by any act or any conveyance inter vivos.
a. Principal penalty
b. Civil interdiction
c. Public censure

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83. It is an accessory penalty which has the effect of requiring the person sentenced to it to
present two sureties who shall undertake that such person will not commit the offense
sought to be prevented, and in case such offense be committed they will pay the amount
determined by the court in its judgment, or otherwise to deposit such amount in the office
of the clerk of court to guarantee said undertaking. If the person sentenced fail to give
the bond as required he shall be detained for a period not exceeding six months if he
shall have been prosecuted for grave or less grave felony, and shall not exceed thirty
days, if for a light felony.
a. Civil interdiction
b. Bond to keep the peace
c. Bond for good behaviour

84. Which of these is an effect of pardon by president?

a. A pardon shall not work the restoration of the right to hold public office;
b. Pardon does not restore the right of suffrage, unless such rights be expressly restored
by the terms of the pardon.
c. It does not exempt the culprit from the payment of the civil liability.
d. All of these

85. If the convict has no property with which to meet the fine, he shall be subject to a
subsidiary personal liability at the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the Philippines at the time of the rendition of
judgment of conviction by the trial court. This is provided under what law?
a. RA 10159 b. RA 9344

86. The penalty prescribed by law for the commission of a felony shall be imposed upon the
______ in the commission of such felony.
a. Principal
b. Accomplices
c. Accessories
d. All of these

87. Whenever the law prescribes a penalty for a felony is general terms, it shall be
understood as applicable to the ______ felony.
a. Consummated
b. Frustrated
c. Attempted

88. Plurality of crimes (concurso de delitos)- consist in the successive execution by one
individual of different criminal acts upon which no conviction is yet declared. It could
either be:
A. Formal or ideal plurality (concurso ideal)of which art. 48 is the best example, that is
there is only one criminal liability or
B. Real or material plurality (concurso real) where there are different crimes in the
eyes of the law and in the conscience of the offender. Hence in real or
material plurality the offender is punished for each and every offense
that he committed. This statement is:
a. True b. false

89. It is a single crime, consisting of a series of acts all arising from one criminal resolution.
It is a continuous, unlawful act or series of act set on foot by a single impulse and
operated by an unintermittent force, however long time it may occupy.
a. Continuing crime b. transitory crime

90. Who among these is disqualified from amnesty?

a. Violators of the Anti Torture Law RA 9745
b. Violators of RA 9995 Anti Photo and Video Voyeurism Law
c. All of these

91. RA 10353
a. THE ANTI ENFORCED DIASPPEARANCE ACT

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b. THE AMENDED LAW ON HUMAN TRAFFICKING

92. Persons who are changed with and/or guilty of the act of enforced or involuntary
disappearance shall not benefit from any special amnesty law or other similar executive
measures that shall exempt them from any penal proceedings or sanctions. The
statement is:
a. True b. false

93. Which of these cannot give good conduct time allowance?

a. Director of the Bureau of Corrections.
b. Chief of the Bureau of Jail Management and Penology.
c. Warden of a provincial, district, municipal or city jail
d. DOJ Secretary

94. GCTA once granted is revocable. The statement is:

a. True
b. False

95. A deduction of ______ of the period of his sentence shall be granted to any prisoner
who, having evaded his preventive imprisonment or the service of his sentence under
the circumstances mentioned in Article 158 of this Code, gives himself up to the
authorities within 48 hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe referred to in said article.
a. 1/5 b. 2/5

96. A deduction of _____ of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement notwithstanding the existence of a calamity
or catastrophe enumerated in Article 158 of this Code.
a. 1/5 b. 2/5

97. What is included in civil liability?

a. Restitution
b. Reparation of damage caused
c. Indemnification of consequential damage
d. All of these

98. What is included in pecuniary liability?

a. Reparation of the damage caused
b. Indemnification of consequential damages
c. Payment of fine
d. Cost of the proceedings
e. All of these

99. There is subsidiary imprisonment for non payment of reparation of the damage caused?
The statement is:
a. True b. false

100. Which of these is a mode of extinguishment of civil liability?

a. Payment or performance
b. Loss of the thing due
c. Condonation or remission of the debt
d. Confusion or merger of the rights of creditor and debtor
e. Compensation
f. Novation and others
g. All of these

101. A child under 15 years of age at the time of the commission of the crime is
exempted from criminal liability, however, he shall be subjected to ______.
a. Intervention program
b. Diversion program

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102. A child above 15 years old but below 18 is also exempted from criminal liability
but he shall be subjected to:
a. Intervention program
b. Diversion program

103. How do you determine the age of a child in conflict with the law?

a. Birth certificate
b. Baptismal certificate
c. Any other pertinent document
d. Information from the child himself
e. Testimonies of other persons
f. Physical appearance of the child
g. All of these in the proper order

104. The sources of criminal law are:

a. Revised Penal Code
b. Special Penal Laws
c. Presidential Decrees
d. Ordinances of Cities and Municipalities
e. All of these

105. These are penal laws enacted by Congress to meet the exigencies of time.
a. Special penal laws
b. Ordinances

106. These are laws that are the result of the state’s exercise of its police power to
regulate and control some activities which may be harmful to the society.
a. Special penal laws
b. Ordinances

107. Crimes that are not really wrong by nature but for the purpose of achieving an
orderly society they have to be controlled or regulated.
a. Mala in se
b. Mala prohibita

108. Who is empowered by the Constitution to amend, modify or repeal a criminal

law?
a. Congress
b. President
c. Supreme Court

109. Which of these is one of the limitations upon the power of the legislature to enact
penal laws?
a. Legislature cannot enact a bill of attainder
b. Legislature cannot enact an ex post facto law
c. Penal Law must be of general application
d. Law cannot provide for cruel, degrading, or inhuman punishment, nor can it impose
excessive fines.
e. All of these

110. These are unique laws created by President Marcos during Martial Law where
the powers of the Executive and Legislative were vested in only one person, meaning
the President.
a. Batas Pambansa
b. Presidential Decrees

111. Department of Interior and Local Government Code.

a. RA 7610
b. RA 7160

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112. Congress has delegated some of its legislative power to the Sangunian of the
respective Local Government Units to enact their own local laws. Such laws shall be
applicable only in their respective local territorial jurisdiction. These laws are:
a. Ordinances
b. Common Law

113. Philippine Criminal Law does not apply to which of the following?

a. Sovereigns
b. Heads of states
c. Minister Plenipotentiary
d. Minister Residents
e. Attaches
f. Charges d’ affairs
g. All of these

114. Exceptions to the general characteristics are:

a. As provided by public international law

b. As provided by treaty stipulations
c. As provided by laws of preferential application
d. All of these

115. Under RA 75, domestic servants of a foreign diplomat are also exempted from
Philippine Criminal Law as long as this is present.

a. He is a domestic servant of a diplomat of a foreign government duly received by the

President;
b. That his name be registered with the Department of Foreign Affairs
c. That the offense charged be committed in the performance of his functions
d. All of these

116. Members of Congress shall be immune from libel or slander while they are in the
performance of their official functions, and they shall not be arrested while Congress is in
session for the crime committed where the penalty imposed by law does not exceed 6
years imprisonment.

a. Parliamentary immunity
b. Diplomatic immunity

117. The following are Philippine territory:

a. Body of land
b. Airspace or atmospehere
c. Interior waters – waters connecting the Philippine Islands
d. Maritime zone – extends 12 miles from the outermost coastlines
e. All of these

118. What do you call the body of water beyond the maritime zone and is beyond the
jurisdiction of any country?

a. High seas
b. International waters
c. All of these

119. There are two kinds of intent, “General Intent” which is presumed and ______
intent which must be proven such as intent to kill in murder and homicide cases.
a. Specific intent
b. Mens Rea

120. What are the instances where a crime can be committed even without criminal
intent?
a. Felonies committed by means of culpa

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 b. If the crime is punishable as crime mala prohibita
c. All of these

121. ________ indicates deficiency of action. The speed of one’s vehicle is an

indication of imprudent behavior of the offender
a. Imprudence
b. Negligence

122. _____ means deficiency of perception. It is the failure of the offender to foresee
an impending danger.
a. Imprudence
b. Negligence

123. A was running at a very fast speed along the school corridor, when he bumped
against B who was walking on the opposite direction. B suffered injuries. This is:
a. Negligence
b. Imprudence

124. A had a flower pot made of bricks on the edge of his 10 th floor apartment window.
A strong wind pushed down the flower pot, hitting B who suffered injuries. This is:
a. Negligence
b. Imprudence

125. A defense in criminal negligence cases, wherein if one suddenly finds himself in
a place of danger, and is required to act without time to consider the best means that
may be adopted to avoid the impending danger, is not guilty of negligence if he fails to
adopt what subsequently and upon reflection may appear to have been better method
unless the emergency in which he finds himself is brought about by his own negligence.
a. Last clear chance rule
b. Emergency rule

126. A was driving his bus when all of a sudden another bus coming from the opposite
direction invaded his line. A swerve to the right to avoid colliding with the invading bus,
but in the process he hit another bus, a pedestrian and a dog. A may not be held liable if
he can successfully prove:
a. Emergency doctrine
b. Last clear chance

127. When a crime is punishable by special law, as a rule intent to commit the crime is
not necessary for his conviction. It is enough that:
a. The offender had intent to perpetrate the act
b. The offender had malice

128. A was caught violating the law on election gun ban. A argued that he had no
intent to commit any crime nor alter the result of the election by the use of said gun. This
argument is not valid since:
a. In mala prohibita crimes, the only question is whether the law has been violated
regardless of intent of the offender
b. A was caught in possession of firearm which is already punishable

129. It means such adequate and efficient cause as in, natural order of events, and
under the particular circumstances would necessarily produce the event.
a. Proximate cause
b. Immediate cause

130. Proximate cause is negated by which of these?

a. Active force, distinct act, or fact absolutely foreign from the felonious act of the
accused;
b. Resulting act or damage is due to the intentional act of the victim
c. All of these

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131. A stabbed B on the latter’s palm. B suffered only minor injuries. B however
against doctor’s advise continue to work on the fields resulting in him contracting tetanus
infection. B died. A is no longer liable for homicide because:
a. B’s act is considered efficient intervening cause
b. A is still liable.

132. A knew that B is dead yet A still stabbed B. Here there is no crime or even
impossible crime committed because:
a. A had no criminal intent
b. B did not die

133. A had a picklock and was on his way to the target house where he will use it.
Along the way he was caught by the police with the picklock. What crime was
committed?
a. Attempted robbery
b. Illegal possession of picklocks

134. A, B and C had an agreement or conspiracy to rob. A, B and C went to the store
to go ahead with the crime. Before the crime had actually started A felt repentant and
immediately ran away from the crime scene. Here:
a. A is still liable
b. A is no longer liable

135. Self defense is allowed by the law because according to the classicists:
a. It is impossible for the state all persons from unlawful attacked
b. The state admits its law enforcers cannot protect the citizens at all times and places.
c. It is not practical to require people to succumb to an unlawful aggression
d. All of these

136. Self defense is allowed by the law because according to the positivists:
a. Self defense is an exercise of right
b. Human instinct and self preservation is man’s inborn character
c. All of these

137. What is the condition sine quo non for self defense?
a. Unlawful aggression on the part of the injured victim
b. Reasonable necessity of the means employed to prevent or repel unlawful
aggression

138. Cycles of violence in battered woman syndrome:

a. Tension building stage
b. Acute battering incident
c. Tranquil or loving phase
d. All of these

139. A woman who is repeatedly subjected to any forceful physical or psychological

behavior by a man in order to coerce her to do something he wants to do without
concern for her rights.
a. Transvestite syndrome
b. Battered woman syndrome

140. Firemen entered a narrow alley in order to respond to a fire. In the process, the
firearm had to destroy all obstacles along the road including small barong barong
(shanties). These houses were destroyed but the fire was immediately placed under
control. The firemen are not criminally liable because:
a. Self defense
b. Avoidance of greater evil/state of necessity

141. In relation to number 140, who is civilly liable?

a. The government
b. BFP
c. The community people whose houses were saved by the firemen.

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142. In exempting circumstances the basis for the exemption is:
a. Complete absence of intelligence
b. Absence of freedom of action
c. Absence of intent
d. Absence of negligence
e. Absence of imprudence
f. All of these

143. This means that an insane acted with intelligence that is he had discernment at
the time he committed the crime.
a. Intelligence
b. Lucid interval

144. A child under 15 years of age at the time of the commission of the crime is
exempted from criminal liability, however, he shall be subjected to ______.
c. Intervention program
d. Diversion program

145. A child above 15 years old but below 18 is also exempted from criminal liability
but he shall be subjected to:
c. Intervention program
d. Diversion program

146. Refers to a series of activities which are designed to address issues that caused
the child to commit an offense. It may take the form of an individualized treatment
program which may include counseling, skills training, education, and other activities that
will enhance his/her psychological, emotional and psycho-social well-being.
a. Intervention
b. Diversion

147. Refers to an alternative, child-appropriate process of determining the

responsibility and treatment of a child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or educational background without resorting to
formal court proceedings.
a. Intervention
b. Diversion

148. A child is deemed to be fifteen (15) years of age on the day of:
a. 15 anniversary of his/her birth date
th

b. His debut

149. A child in conflict with the law may be exempted from criminal liability but it does
not include exemption from civil liability. The statement is:
a. True
b. False

150. The parents of the children in conflict with the law may be held liable for civil
damages except when they can prove that:
a. They spank the child as punishment
b. They exercised reasonable supervision over the child.

151. According to Section 57, RA 9344 vas amended by RA 10630, any conduct not
considered an offense or not penalized if committed by an adult shall not be considered
an offense and shall not be punished if committed by a child. This means that:
a. Status offense is no longer punishable
b. Status offenses are still punishable.

152. How do you determine the age of a child in conflict with the law?

h. Birth certificate

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i. Baptismal certificate
j. Any other pertinent document
k. Information from the child himself
l. Testimonies of other persons
m. Physical appearance of the child
n. All of these in the proper order

153. Age of absolute criminal responsibility

a. 15 years old and below

154. Age of conditional responsibility

a. 16-17 years old

155. X, is a person above 15 years old but below 18 at the time of the crime and he
acted with discernment. The court will find and pronounce him guilty of the crime but
there will be:
a. Diversion
b. Intervention
c. Automatic suspension of sentence without need of application
d. Suspension of sentence if the accused applied therefor

156. The minimum age for children committed to a youth care facility or Bahay
Pagasa shall be:
a. 12 years old
b. 15 years old

157. A child who is above twelve (12) years of age up to fifteen (15) years of age and
who commits parricide, murder, infanticide, kidnapping and serious illegal detention
where the victim is killed or raped, robbery, with homicide or rape, destructive arson,
rape, or carnapping where the driver or occupant is killed or raped or offenses under
Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by
more than twelve (12) years of imprisonment, shall be deemed a neglected child under
Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special
facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile
Intervention and Support Center (IJISC). The statement is:
a. True
b. False

158. If a person is under 18 years of age, he is exempted from criminal liability if he

does which among the following?
a. Vagrancy
b. Prostitution
c. Mendicancy under PD 1563
d. Sniffing of rugby under PD 1619
e. All of these

159. This is something that happens outside the sway of our will, and although it
comes about through some act of our will, lies beyond the bounds of humanly
foreseeable consequences.
a. Sex
b. Accident

160. The basis for exemption from criminal liability by reason of accident is:
a. Offender had no negligence
b. Offender had no intent
c. All of these

161. Is there a defense known as “accidental self defense”?

a. There is no legal defense which is known by that name

162. The defense of “irresistible force” or impulse of “uncontrollable fear” will not
prosper if the accused:

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 a. Had every opportunity to escape
b. Had the chance to engage in self defense in equal combat
c. All of these

163. A legal defense which takes place when the act committed by the accused is a
crime but because of public policy and sentiment, there is no penalty imposed.
a. Absolutory cause
b. Instigation

164. Which of these is an absolutory cause?

a. Accessories exempted from criminal liability Art. 20.
b. Crimes against property committed by relatives Art 332
c. Spontaneous desistance Art. 6
d. Art 247 Death caused in a tumultuous affray
e. Instigation
f. All of these

165. A form of entrapment whereby means and ways are resorted for the purpose of
capturing law breakers in the actual commission of the crime
a. Buy bust operations
b. Instigation

166. X, a policeman arrested a girl for committing a minor offense. X invited the
woman to the station. Instead of filing a case, the policeman raped the woman. The
crime is rape aggravated by:
a. Matulis
b. Taking advantage of public position

167. The accused was convicted today of theft, estafa, malicious mischief by the three
different courts or by the same court. Is he a recidivist?
a. No, the felonies are not yet considered conviction by final judgment.

168. Multiple recidivism is also known as:

a. Habitual delinquency
b. reiteracion

169. A was choking C. B saw this as an opportunity and punched C. Meanwhile, A

continued to choke C until C died. Here:
a. A is principal
b. B is accomplice
c. All of these

170. The act of placing a gun in the hands of a dead person to make it appear that he
died because of shootout with the police where in fact he was a murder victim is an act
of an:
a. Accomplice
b. Accessory

171. A is 14 years old. A stole a cell phone and sold it to B. B knew that the phone
was stolen. Here:
a. Ai s exempted
b. B is liable as an accessory to theft
c. All of these

172. Reason why accessories who are relatives are generally exempted from criminal
liability.
a. Ties of blood
b. Preservation of cleanliness of family name
c. All of these

173. Penalty of destiero prescirbes in :

a. 10 years

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174. Simple slander prescribes in:
a. 2 months

175. Grave slander prescribes in:

a. Six months

176. If the fine is over 6,000 it is afflictive. If over 200 but less than 6,000 it is
correctional. If exactly 200 or less it is light.

a. True
b. False

177. Temporary confinement in jail or prison while undergoing investigation, or trial or

waiting judgment.
a. Preventive imprisonment
b. Time allowance for loyalty.

178. Pardon by the President does not restore the right to public office or suffrage
unless these rights are expressly restored in the pardon.
a. True
b. False

179. A person who suffered subsidiary imprisonment is still obligated to pay the fine
should his financial conditions improve in the future.
a. True

b. False

180. There is no subsidiary imprisonment of the principal penalty is higher than prision
correctional

a. True
b. False

181. There are two kinds of plurality of crimes: 1. Formal or ideal plurality – like article
48 on complex crimes, special complex crimes and continuing crimes 2. Real and
material plurality – where there are several crimes committed.
a. True
b. False

182. Habitual delinquency is not a crime. It is simply a circumstance that will increase
or modify a penalty of the accused.
a. True
b. False

183. Habitual delinquency may be appreciated even though it is only attempted or

frustrated, or the offender is only accomplice or accessory.
a. True
b. False

184. Amnesty is a public act while pardon is a private act of the president. Courts
should take judicial notice of amnesty, while a person must prove that he had been
pardoned.
a. True
b. False

185. Consist of satisfactory behavior of a prisoner consisting of active involvement in

rehabilitation programs, coupled with faithful obedience to prison rules and regulations.
a. Good conduct
b. Good conduct time allowance

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186. A privilege granted to a prisoner whether detained or convicted by final judgment,
entitling him to a reduction of his jail or prison term for every month of actual detention or
service of sentence as reward for good conduct and exemplary behavior.
a. Parole
b. Probation
c. Good conduct time allowance

187. A privilege granted to a prisoner, whether detained or convicted by final

judgment, as a reward for having earned a post post-graduate degree or college degree,
a certificate of completion of a vocational or technical skills or values development
course, a high school or elementary diploma or to one serving his fellow prisoner as a
teacher or mentor while incarcerated, equivalent to a deduction of a maximum of fifteen
(15) days for every month of study or mentoring services.
a. Time Allowance for Study, Teaching and Mentoring (TASTM).
b. Evasion of service of sentence

188. Destierro is a correctional penalty that prescribes in 10 years.

a. True
b. False

189. What kind of damages may be recovered if the crime is attended with
aggravating circumstance?

a. Moral damages
b. Exemplary damages

190. TREACHERY CANNOT BE APPRECIATED AS AGGRAVATING IN ROBBERY

WITH HOMICIDE
a. True
b. False

191. A killed B using an unlicensed firearm. What crime was committed?

a. Homicide and illegal possession of firearms
b. Homicide (aggravated by illegal possession of firearm)

192. A used his unlicensed firearm several times by firing it in the air during a town
fiesta causing the townspeople to run away. What crime was committed?
a. Alarms and scandal and illegal possession of firearm
b. Alarms and scandals only.

193. A, thinking that a person walking was C, his own father fired at him, but it turned
out it was B, a stranger, who died. What crime was committed?
a. Homicide
b. Parricide

194. Alfonso assisted Bea in killing Chito (husband of Bea). Here Bea is liable for
parricide, while Chito is liable for:
a. Parricide also
b. Homicide only

195. Bea is the maid of Caloy. Dario, the friend of Bea helped Bea in stealing from
Caloy’s house. Bea is liable for qualified theft. Dario is liable for:
a. Simple theft only
b. Qualified theft also

196. A ordered B to kill C. Without saying how it should be done. B employed cruelty
in killing C. A is only guilty of simple murder, but B is liable for:
a. murder aggravated by cruelty
b. simple murder also

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197. The process by which individuals reduce the frequency of their offending
behavior as they age.
a. Aging out
b. Coming of age
c. Debut
d. Retirement

198. Under this doctrine the statute of limitations runs only upon discovery of the
invasion of the right. The court will refuse to apply the law on prescription if the plaintiff
does not know the cause of action.
a. Prescription of crime
b. Blameless ignorance doctrine
c. Last clear chance doctrine

199. This rule states that the period for prescription shall commence to run from the
day on which the crime is discovered by the offended party, the authorities, or their
agents.
a. Discovery rule
b. Time bar rule

200. A term used for “arrest holdup”, committed by men in uniform, done by arresting
the victim, usually an innocent person, for the purpose of extorting money.
a. Robbery holdup
b. Robbery extortion
c. Hulidap

201. Inter vivos means:

a. During lifetime of donor (effective during lifetime of donor)

202. Mortis causa means:

a. After death (effective after death)

203. Whatever is once irrevocably established as the controlling legal rule of decision
between the same parties in the same case continues to be _______. So long as the
facts on which such decision was based was predicated to be the facts of the case
before the court.
a. Law of the case

204. The darkening of the mind which produces a state of blind and uncontrollable
fury as a reaction for an immediate or recent affront that the aggressor receives, which
must originate from legitimate feeling.
a. Passion
b. Obfuscation

205. When the crime was committed due to uncontrollable burst of passion provoked
by prior unjust or improper acts, or due to legitimate stimulus so powerful, as to
overcome reason.
a. Passion
b. Obfuscation

206. Doctrine which states that a court in construing an ambiguous criminal statute
that sets out multiple or inconsistent punishment , should resolve the mabuguity in favor
of the more lenient punishment.
a. Rule of lenity
b. Rule of absorption

207. Salus populi est suprema lex

a. The welfare of the people is the supreme law
b. The law may be harsh but that is the law

208. The degree of knowledge that makes an individual legally responsible for the
consequences of his acts.

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a. Scienter
b. Criminal intent

209. What do you call the crime when the law provides a single penalty for two or
more component offenses?
a. Complex crimes
b. Special complex crimes

210. Stare decisis et non quieta movere.

a. Adhere to precedents and unsettle things which are established.

211. It requires courts to follow the rules established in decision of the Supreme Court.
Once a question of law has been decided it shall be deemed closed.
a. Stare decisis

212. A privilege granted to a prisoner as a reward for having earned a post graduate
degree, vocational or technical course, high school or elementary diploma or to one
serving a fellow prisoner as a teacher while incarcerated, equivalent to a maximum of 15
days for evry month of study or mentoring
a.Time allowance for study, teaching and mentoring (TASTM)
b. special time allowance for loyalty

213. Also known as “imputed negligence”, where a person is not only liable for torts
committed by himself but for also torts committed by others with whom he has certain
relationship and with whom he has a certain relationship.
a. Vicarious liability
b. Doctrine of inscrutable fault

214. A principle that we can eliminate all crimes by abolishing all criminals laws.
a. Logomacy
b. Locomacy

END

References:

1. Luis B. Reyes, The Revised Penal Code Book One, 2012 edition
2. Maximo Amurao, Commentaries On Criminal Law Book One, 2013 edition
3. Ramon C. Aquino, Revised Penal Code, Book One, 1997 edition
4. Ramil G. Gabao, Revised Penal Code Book One, 2011 edition
5. Florenz D. Regalado, Criminal Law Conspectus
6. Supreme Court Reports Annotated

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