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