(CLJ 3) CRIMINAL LAW BOOK 1
  • 1. The Revised Penal Code took effect on:
A) July 1, 1932
B) January 1, 1932
C) January 1, 1933
D) January 1, 1930
  • 2. Criminal Law in the Philippines is:
A) Retrospective
B) Generally prospective but may be retroactive if favorable to the accused
C) Always retroactive
D) Prospective
  • 3. The fundamental principle of nullum crimen, nulla poena sine lege means:
A) There is no crime when there is no law punishing it
B) Criminal law is moral law
C) Law excuses ignorance
D) Every act is punishable
  • 4. The purpose of penal laws is primarily:
A) To protect society and maintain order
B) To provide civil remedies
C) To compensate victims
D) To enrich the state
  • 5. A crime that affects the public interest is known as:
A) A moral wrong
B) A quasi-crime
C) A public crime
D) A private crime
  • 6. The Revised Penal Code is mainly based on:
A) Spanish Penal Code
B) American Common Law
C) French Code Napoleon
D) German Criminal Code
  • 7. Acts mala in se are punished because:
A) They offend administrative rules
B) They are inherently wrong
C) They are prohibited by law
D) They are civil wrongs
  • 8. Acts mala prohibita are punished because:
A) They are prohibited by law
B) They are torts
C) They are immoral
D) They are crimes against nature
  • 9. The sources of criminal law include:
A) Custom
B) Civil Code
C) Local ordinances only
D) The Revised Penal Code and special penal laws
  • 10. The principle that penal laws shall be construed strictly against the State is:
A) Rule of lenity
B) Rule of conduct
C) Doctrine of finality
D) Rule of equity
  • 11. Ignorance of the law excuses no one because:
A) It is a privilege
B) Everyone is presumed to know the law
C) It is an absolute defense
D) Law is optional
  • 12. The civil liability arising from crime is known as:
A) Restitution only
B) Civil liability quasi-delicto
C) Civil contract
D) Civil liability ex delicto
  • 13. Territoriality principle means:
A) Only to foreigners
B) Philippine criminal laws apply within its territory
C) Only to land territory
D) To all Filipinos abroad
  • 14. The concept that certain crimes are punishable even if committed abroad is:
A) Nationality
B) Global jurisdiction
C) Extraterritoriality principle
D) Universality
  • 15. When a penal law is favorable to the accused, it shall be given:
A) Retroactive effect
B) No effect
C) Temporary application
D) Prospective effect only
  • 16. The general rule that penal laws are prospective means:
A) They apply to foreigners only
B) They are always retroactive
C) They apply to all acts anytime
D) They apply only to acts committed after their effectivity
  • 17. The main object of punishment is:
A) Revenge
B) Intimidation only
C) Prevention and reformation
D) Compensation
  • 18. Criminal Law is binding on all persons who:
A) Are Filipinos only
B) Live or sojourn in Philippine territory
C) Are foreigners only
D) Are minors
  • 19. The term “felony” refers to:
A) A sin
B) An act or omission punishable under the Revised Penal Code
C) A violation of ordinance
D) A civil wrong
  • 20. Felonies may be committed by:
A) Contract
B) Agreement
C) Necessity
D) Dolo (intent) or culpa (fault)
  • 21. Intentional felonies require:
A) Negligence
B) Force, coercion, mistake
C) Freedom, intelligence, intent
D) Consent
  • 22. Negligent felonies are committed through:
A) Premeditation
B) Fraud
C) Malice
D) Imprudence or negligence
  • 23. The three stages of execution of a felony are:
A) Planning, execution, completion
B) Begun, ended, finished
C) Partial, full, final
D) Attempted, frustrated, consummated
  • 24. When all acts of execution are performed but the crime is not produced by reason independent of the will of the offender, it is:
A) Attempted
B) Impossible
C) Frustrated felony
D) Consummated
  • 25. When the crime is produced by the acts of execution:
A) Consummated felony
B) Attempted
C) Frustrated
D) Impossible
  • 26. Impossible crime is committed when:
A) The result is achieved
B) The act performed would be an offense but for its impossibility of accomplishment
C) The act is lawful
D) The act is accidental
  • 27. An example of an impossible crime:
A) Breaking a vase
B) Killing an animal
C) Stealing your own property
D) Shooting a corpse believing it alive
  • 28. Criminal intent is presumed when:
A) The victim dies
B) The act is proven unlawful
C) There is motive
D) The accused is a first offender
  • 29. Motive is important only when:
A) The act is admitted
B) The identity of the offender is in doubt
C) There is evidence of guilt
D) The crime is heinous
  • 30. When the offender performs acts of execution but does not perform all that would produce the felony:
A) Impossible
B) Frustrated
C) Attempted felony
D) Consummated
  • 31. The result of a negligent act is punishable because:
A) There is intent
B) There is motive
C) The law punishes carelessness resulting in injury
D) It is immoral
  • 32. Aberratio ictus means:
A) Impossible crime
B) Accidental harm
C) Mistake in the blow
D) Mistake in identity
  • 33. Error in personae means:
A) Mistake in the identity of the victim
B) Lack of intent
C) Mistake in blow
D) Impossible crime
  • 34. Praeter intentionem means:
A) Negligence
B) No crime committed
C) The result is graver than intended
D) The act is lawful
  • 35. When a person is forced by irresistible force to commit a crime, he is:
A) Aggravated
B) Mitigated
C) Exempt from criminal liability
D) Liable
  • 36. Uncontrollable fear exempts from liability if:
A) The fear is imaginary
B) It is lawful fear
C) It is voluntary
D) The fear is real and imminent
  • 37. Accident without fault exempts when:
A) The act was unlawful
B) There was negligence
C) The act was intentional
D) The act was lawful and injury was purely accidental
  • 38. Voluntary surrender is a:
A) Exempting
B) Mitigating circumstance
C) Ordinary
D) Aggravating
  • 39. Aggravating circumstance increases:
A) The penalty
B) The liability only
C) The motive
D) The damages
  • 40. Mitigating circumstance decreases:
A) The number of victims
B) The penalty
C) The fine
D) The gravity of crime
  • 41. Self-defense is a/an:
A) Exempting
B) Mitigating
C) Aggravating
D) Justifying circumstance
  • 42. The requisites of self-defense are:
A) Retaliation, anger, revenge
B) Unlawful aggression and retaliation only
C) Provocation and necessity
D) Unlawful aggression, reasonable necessity, lack of sufficient provocation
  • 43. Unlawful aggression means:
A) Verbal abuse
B) Use of insulting words
C) Mere threat
D) Actual or imminent attack giving rise to danger to life or limb
  • 44. Defense of relatives includes defending:
A) Strangers
B) Co-workers
C) Spouse, ascendants, descendants, brothers, sisters, relatives by affinity within the same degree
D) Friends
  • 45. Defense of a stranger is justified if:
A) The stranger requests
B) It benefits the accused
C) There is no participation in the aggression and there is a lawful reason to defend
D) The aggression is verbal
  • 46. Obedience to an order of a superior exempts from liability if:
A) The superior is a friend
B) The act is immoral
C) The order is lawful and the subordinate had no duty to refuse
D) The order is unjust
  • 47. Insanity exempts from liability if:
A) The accused completely lost intelligence at the time of the act
B) He was emotional
C) He was partially insane
D) He was merely drunk
  • 48. Minority exempts from liability when:
A) Over 21 years old
B) Under 20 years old
C) The offender is under 15 years of age
D) 18 years old
  • 49. Drunkenness is mitigating only if:
A) It is planned
B) It is not habitual and not subsequent to the plan to commit crime
C) It is voluntary
D) It is habitual
  • 50. Passion or obfuscation is mitigating when:
A) It is caused by greed
B) It is done for revenge
C) It arises from lawful sentiments
D) It is premeditated
  • 51. Voluntary confession before trial is:
A) Mitigating
B) Justifying
C) Exempting
D) Aggravating
  • 52. Sufficient provocation is:
A) Aggravating
B) Exempting
C) Mitigating
D) Justifying
  • 53. Reiteracion (recidivism) is:
A) Mitigating
B) Exempting
C) Ordinary
D) Aggravating circumstance
  • 54. Evident premeditation is:
A) Aggravating circumstance
B) Special aggravating
C) Justifying
D) Mitigating
  • 55. Nighttime is aggravating when:
A) It occurs by chance
B) It is purposely sought to facilitate the crime
C) It is daytime
D) It is accidental
  • 56. Abuse of superior strength means:
A) Acting alone
B) Attacking a stranger
C) Being armed
D) Taking advantage of strength to weaken the defense of victim
  • 57. Ignominy is:
A) Killing in anger
B) Torturing oneself
C) Adding moral suffering to the victim
D) Robbing in group
  • 58. Treachery requires:
A) Means, methods, or forms that insure execution without risk to the offender
B) Motive of revenge
C) Surprise attack only
D) Abuse of power only
  • 59. When an aggravating circumstance is offset by a mitigating one:
A) The penalty increases
B) The crime is extinguished
C) The penalty decreases
D) The penalty remains in its medium period
  • 60. Alternative circumstances depend on:
A) The motive only
B) The nature and relationship of the parties
C) The method of attack
D) The result only
  • 61. Relationship is mitigating when:
A) The offended party is a relative of the offender and the law so provides
B) They are strangers
C) The victim is an enemy
D) None of the above
  • 62. Relationship is aggravating when:
A) The relationship is friendly
B) The act is accidental
C) The offender abuses the respect due to the offended party
D) The crime is minor
  • 63. Incomplete self-defense is:
A) A privileged mitigating circumstance
B) Exempting
C) Justifying
D) Ordinary mitigating
  • 64. Attempt to commit suicide is:
A) Punishable
B) Exempting only
C) Not punishable
D) Mitigating
  • 65. Conspiracy exists when:
A) One suggests but others refuse
B) They merely discuss
C) Two or more persons agree and decide to commit a felony
D) They argue only
  • 66. Conspiracy makes all conspirators:
A) Accomplices
B) Accessories
C) Witnesses
D) Principals
  • 67. When a person helps in the commission of a crime by cooperation, he is:
A) A principal
B) An instigator
C) An accomplice
D) An accessory
  • 68. When a person participates after the commission of a crime, he is:
A) A principal
B) An accomplice
C) A conspirator
D) An accessory
  • 69. A principal by inducement is one who:
A) Aids in concealment
B) Merely assists
C) Directly induces another to commit the crime
D) Provides information only
  • 70. Accessories are exempt from criminal liability when:
A) They are friends
B) They are neighbors
C) They are relatives of the principal (spouse, ascendant, descendant, sibling)
D) They are co-workers
  • 71. The three classes of principals are:
A) By order only
B) By direct participation, by inducement, by indispensable cooperation
C) By negligence
D) By attempt only
  • 72. The penalty is the punishment:
A) Desired by the victim
B) Optional
C) Recommended by police
D) Imposed by the court upon conviction
  • 73. The penalties under the Revised Penal Code are divided into:
A) Major and minor
B) Principal and accessory penalties
C) Ordinary and special
D) Primary and secondary
  • 74. Reclusion perpetua has a duration of:
A) Life imprisonment
B) 12 years and 1 day to 20 years
C) 20 years and 1 day to 40 years
D) 6 years to 12 years
  • 75. Arresto menor has a duration of:
A) 1 day to 30 days
B) 6 months to 1 year
C) 30 days to 2 years
D) 1 month to 6 months
  • 76. Prision correccional is:
A) 6 months and 1 day to 6 years
B) 1 day to 30 days
C) 12 years and 1 day to 20 years
D) 6 years and 1 day to 12 years
  • 77. Prision mayor is:
A) 1 month to 6 years
B) 6 years and 1 day to 12 years
C) 20 years to 40 years
D) 12 years and 1 day to 20 years
  • 78. Reclusion temporal is:
A) 12 years and 1 day to 20 years
B) 1 year to 10 years
C) 20 years to 40 years
D) 6 months to 6 years
  • 79. Life imprisonment is:
A) Always 30 years
B) Same as reclusion perpetua
C) A penalty under special laws without fixed duration
D) Lighter than arresto mayor
  • 80. The death penalty is:
A) Abolished under present laws (R.A. 9346)
B) Optional
C) Still enforced
D) Applied to heinous crimes
  • 81. Civil interdiction is an:
A) Ordinary penalty
B) Principal penalty
C) Special measure
D) Accessory penalty
  • 82. Confiscation of instruments and proceeds of the crime is:
A) Civil liability
B) Aggravating
C) Mitigating
D) Accessory penalty
  • 83. Subsidiary imprisonment applies when:
A) The convict cannot pay the fine
B) The convict is acquitted
C) The convict is foreign
D) The convict escapes
  • 84. The penalty next lower in degree is applied when:
A) There is aggravation
B) There is none mitigating
C) None above
D) There is a privileged mitigating circumstance
  • 85. Destierro means:
A) Imprisonment
B) Banishment from a place for a specified time
C) Suspension
D) Hard labor
  • 86. Perpetual absolute disqualification means:
A) Suspension
B) Temporary dismissal
C) Loss of public office and right to vote or be voted for
D) Civil interdiction only
  • 87. Penalties are divided into degrees and periods to:
A) Increase punishment
B) Adjust punishment according to circumstances
C) Make computation easier
D) Shorten imprisonment
  • 88. A light felony is punishable by:
A) Arresto menor or fine not exceeding ₱40,000
B) Prision correccional
C) Reclusion perpetua
D) Life imprisonment
  • 89. Grave felonies are those punishable by:
A) Light penalties
B) Capital punishment or afflictive penalties
C) Fines only
D) Simple penalties
  • 90. Less grave felonies are punishable by:
A) Civil penalties
B) Light penalties
C) Accessory penalties
D) Correctional penalties
  • 91. Criminal liability is totally extinguished by:
A) Probation only
B) Parole only
C) Death, service of sentence, amnesty, absolute pardon, prescription, marriage (in cases provided by law)
D) Bail
  • 92. Criminal liability is partially extinguished by:
A) Conditional pardon, commutation, parole, good conduct
B) Prescription
C) Amnesty
D) Death
  • 93. Amnesty is granted by:
A) The Secretary of Justice
B) The Supreme Court
C) The Senate only
D) The President with concurrence of Congress
  • 94. Pardon is an act of:
A) Executive clemency granted by the President
B) Congress
C) The court
D) The offended party
  • 95. Probation is granted by:
A) The court after conviction
B) The offended party
C) The prosecutor
D) The President
  • 96. Prescription of crimes means:
A) The crime is pardoned
B) Loss of evidence
C) The case is closed
D) Loss of right of the State to prosecute after lapse of time
  • 97. Prescription of penalty means:
A) Conviction is void
B) Loss of right to enforce sentence after lapse of time
C) Death of offender
D) Crime no longer punishable
  • 98. Conditional pardon is revoked when:
A) The term ends
B) The conditions are violated
C) The convict dies
D) The convict behaves well
  • 99. Extinction of civil liability does not extinguish:
A) The punishment
B) The crime
C) The evidence
D) Criminal liability
  • 100. Civil liability is extinguished by:
A) Amnesty
B) Probation
C) Pardon
D) Payment, loss of thing, remission, prescription, or merger
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