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Quiz 1
  • 1. The Revised Penal Code is mainly based on:
A) Empirical theory
B) Positivist theory
C) Classical theory
D) Traditional theory
  • 2. These crimes are those are those so serious in their effects on society as to call for almost unanimous condemnation of its members.
A) Crimes under special laws
B) Mala prohibita crimes
C) Felonies under the Revised Penal Code
D) Mala in se crimes
  • 3. Felonies refer to:
A) All of these.
B) Acts and omissions defined as crimes
C) Acts and omissions punishable by the Revised Penal Code
D) Acts and omissions punishable by law
  • 4. 'He who is the cause of the cause is the cause of the evil caused.' This refers to:
A) Mens rea
B) Proximate cause
C) Intent
D) Motive
  • 5. X was irked by the jokes made on him by Y so he punched Y. The punch made Y to fall on the pavement and caused his instantaneous death. Should X be liable for the death of Y even if he had no intention of killing him at all? Why?
A) Yes, X is liable for the death of X even if he had no intention of inflicting upon him a more serious harm because a person is liable or a felony even if the wrongful act be different from that intended.
B) Yes, X is still liable because killing is a crime.
C) Yes, X is still liable because killing is a crime.
D) Yes, x is still liable for the death of Y because X was irked.
  • 6. "Repeal" means:
A) Expand the law or congressional act.
B) Revoke or annul (a law or congressional act).
C) None of these.
D) Recall or withdraw a law or congressional act.
  • 7. X was driving his car beyond a speed limit în a subdivisio chased his ball rolling on the street and the toddler was hit causing serious injuries to him. X claims that he has no liability because he had no intention at all to run over the toddler. Is X correct?
A) No, X is not correct and he is liable because he was negligent.
B) Yes, X is correct because a person is laible only if he has criminal mind.
C) No, X is not correct because injuries resulted.
D) No, X is not correct because the toddler is a minor and if injured by someone, there will always be criminal liability.
  • 8. X planned to kill A and he waited for the latter to pass by an isolated highway. Upon seeing what he thought was A approaching, he fired several times at him killing the person who turned to be his own brother. If X should be charged, can he raise the defense of mistake in identity?
A) Such defense will exonerate X.
B) Such defense will not exonerate X.
  • 9. What affect us 'from womb to tomb'?
A) Tax
B) Taxes
C) Exactions
D) Bills
  • 10. X aimed at shooting A but he hit his father instead. X will be liable for what felony?
A) Yes aggravating without warrant
B) (Homicide because the supposed shooting of A was without aggravating
C) Parricide because the victim was his own father.
  • 11. In mala in se, the intent governs; but in those mala prohibita, the only inquiry is, has the law been violated? Is this statement true and why?
A) None of the above.
B) Yes, this statement is true because intent is an essential issue in mala in se crimes while mere commission or omission of the prohibited or required act is sufficient in mala prohibita.
C) All of these are correct.
  • 12. It is the purpose to use a particular means to effect such result.
A) Intent
B) Motive
C) Intention
D) Romance
  • 13. The maxim; " Actus me invito factus non est meus actus" means:
A) 'An act of a man is his very own act.'
B) 'An act of a man cannot be ascribed to another man.'
C) None of these.
D) 'An act done by me against my will is not my act"
  • 14. How is intent which is an internal act shown or manifested?
A) By the prior acts of a person.
B) By the criminal mind of the person.
C) By the overt acts of a person.
D) By the criminal tendency of a person.
  • 15. This rule as to jurisdiction over crimes committed aboard merchant vessels while in territorial waters of another country is also known as the Permissive rule:
A) American rule
B) French rule
C) British rule
D) English rule
  • 16. It is the moving power which impels one to action for a definite result.
A) Intent
B) Motive
C) Mens rea
D) Criminal design
  • 17. The power to define and punish crimes and lay down the rules on criminal procedure is based on its:
A) Presidential Power
B) Power of expropriation
C) Police power
D) People power
  • 18. Laws enacted from 1935-1946 are cited as:
A) BatasBlg.
B) P.D. No.
C) Com. Act No.
  • 19. Laws passed by the Philippine Parliament from 1979-1985 are cited as:
A) Batas Blg.
B) Com. Act No.
C) Act No.
D) P.D. No.
  • 20. Enactments of Pres. Ferdinand Marcos from 1972-1986 are cited as:
A) P.D. No.
B) Act No.
C) Batas Blg.
D) Com. Act No.
  • 21. The Revised Penal Code is also known as:
A) R.A. 3815
B) P.D. No. 3815
C) Act No. 3815
D) Batas Blg. 3815
  • 22. Laws enacted passed by the Philippine Assembly from 1901-1935 are cited as:
A) Law No.
B) P.D. No.
C) R.A. No.
D) Act No.
  • 23. stomach problem so he decided to go home as asked a fellow security to fill in his duty hours instead. As Y was trying to open the door of their house, he heard X calling out if who was outside and that he should introduce himself or else he would kill him. Amused by the situation, Y played a prank on X and forced the door open but X was there who immediately stabbed him thinking he was an intruder meaning to do him harm. What defense may X raise to avoid conviction for homicide?
A) All of these.
B) X may raise intense fear as a defense.
C) X may raise mistake of fact as a defense.
D) X may raise lack of intent as a defense.
  • 24. X was sleepwalking and while in that state, he hacked his wife with a bolo resulting in her death. May X be convicted of parricide and why?
A) X may not be convicted of parricide because there was lack of intelligence since X was in a state of somnambulism.
B) None of these.
  • 25. Which of the following is not one of the elements felonies committed by culpa?
A) Imprudence
B) Intent
  • 26. Z shot at A several times while the later was sleeping on the couch. However, A had been dead for several hours prior to that due to heart attack. Z should be punished for:
A) Homicide
B) Impossible crime
C) Manslaughter
D) Murder
  • 27. "Tooth for a tooth, eye for an eye" is espoused by:
A) Empirical theory
B) Classical theory
C) Positivist theory
D) Tradition theory
  • 28. Criminal law is:
A) Jurisdctional
B) Juristic
C) Traditional
D) Territorial
  • 29. X was victimized by a pickpocket at Baywalk. To get even, he also waited for someone to victimize was caught. It turn out, however, that he picked his own pocket lost prior to that because his victim was actually the one who picked his pocket previously. What will be the liability of X, if any?
A) X will have no criminal liability because he cannot be a theft of his own wallet.
B) X will be liable for an impossible crime and will be punished for his criminal propensity.
C) X will be liable for his ill motive.
D) X will be for pickpocketing because he has criminal tendency.
  • 30. Due process of law means:
A) It means that the law be just.
B) Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly.
C) None of these.
D) It means that laws be lenient.
  • 31. There crimes are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society.
A) Mala prohibita crimes
B) Special penal laws
C) Those provided for by the Revised PenalCode
D) Mala in se crimes
  • 32. Mistake in the identity of the victim is also known

    as:
A) Mistake of target
B) Error in personae
C) Mistake of fact
D) Error in identify
  • 33. If X aimed at shooting Y but hit A instead, will there be criminal liability on his part? Reason.
A) Yes, because X was aiming at a different person.
B) Yes, because a felony is always a felony.
C) Yes, because there is criminal intent to kill.
D) Yes, because a person committing a felony is liable for any result therefrom.
  • 34. The Revised Penal Code took effect on:
A) Jan. 1, 1932
B) Jan. 1, 1931
C) Jan. 1, 1933
D) Jan. 1, 1930
  • 35. X was sleepwalking and while in that state, he hacked his wife with a bolo resulting in her death. May X be convicted of parricide and why?
A) None of these.
B) X may not be convicted of parricide because there was lack of intelligence since X was in a state of somnambulism.
C) X may not be liable because his wife may not file a case anymore.
D) X is not liable because it is against public policy to charge a husband.
  • 36. When the injurious result is greater than that intended, there is:
A) Excess of force
B) Violent strike
C) None of these.
D) Praeter intentionem
  • 37. Felonies are classified as intentional felonies

    and ________
A) Mala prohibita
B) Probable felonies
C) Culpable felonies
D) Mala in se
  • 38. The two rules as to jurisdiction over crimes committed aboard merchant vessel while in the territorial waters of another country are; (1) French rule and (2)
A) European rule
B) English rule
C) American rule
D) British rule
  • 39. 'Retribution' means:
A) Punishment for someone being hated.
B) Punishment commensurate to measure of damages.
C) Punishment inflicted on someone as vengeance for a wrong or criminal act.
D) Punishment to spite someone.
  • 40. What is the basis of the state in imposing tariffs and other fees?
A) None of these.
B) Power of Expropriation
C) Power of eminent domain
D) Power of taxation
  • 41. Which of the following is not one of elements of felonies committed by dolo?
A) Lack of foresight
B) Intelligence
C) Freedom
D) Intent
  • 42. It is established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense.
A) Mens rea
B) Criminal design
C) Motive
D) Intent
  • 43. The two rules as to jurisdiction over crimes committed aboard merchant vessel while in the territorial waters of another country are; (1) French rule and (2) _____
A) English rule
B) American rule
C) German rule
D) British rule
  • 44. Felonies are classified as intentional felonies and ____
A) Mala in se
B) Mala probihita
C) Culpable felonies
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