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