- 1. It is the act of discontinuing the execution of the felony which will negative criminal liability of the offender when done during the attempted stage. It is an absolutory cause which negates criminal liability because the law encourages desistance from committing a crime.
A) Persistence
B) Resistance
C) Desistance
D) Existence
- 2. Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Forty thousand pesos.
A) Light felonies
B) Unintentional felonies
C) Casual felonies
D) Minor felonies
- 3. The following are light felonies, except:
A) Theft
B) Malicious mischief
C) Homicide
D) Intriguing against honor
- 4. They are always consummated because the offender cannot perform all the acts necessary to execute the offense without consummating it.
A) Traditional crimes
B) Informal crimes
C) None of these.
D) Formal crimes
- 5. When the offender commences the commission of an offense directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
A) Frustrated
B) Attempted
C) Disrupted
D) Interrupted
- 6. When all the acts necessary for its accomplishment and execution are present. The offender does not have to do anything else to consummate the offense. He has already reached the objective stage of the offense as he no longer has control of his acts having already performed all that is necessary to accomplish his purpose.
A) Consummated
B) Attempted
C) Frustrated
D) Contemplated
- 7. It changes the criminal liability of all the accused and makes them answerable as co-principals regardless of the degree of their participation in the crime. Their liability becomes collective, with each participant deemed equally responsible for the acts of the others.
A) Conspiracy
B) Agreement
C) Sabotage
D) Treachery
- 8. When the offender has performed all the acts necessary to accomplish the crime and may either be frustrated when the crime does not result notwithstanding or, consummated when the crime is produced.
A) Interrupted stage of a felony
B) Objective phase of a felony
C) Subjective phase of a felony
D) Disrupted stage of a felony
- 9. What is the "proper decision" that the court should render if it tried a case for an act which is not yet punishable by law?
A) The court should convict the accused
B) If the act is evil, convict the accused.
C) If the act is reprehensible, convict the accused
D) The court should render a decision of acquittal or order the dismissal of the case
- 10. When the offender performs all the acts which would produce the felony as a consequence, but the felony was not produced by reason of causes independent of the will of the perpetrator. The offender has reached the objective stage because no further action is required on his part. Unlike in consummated felony, however, the offense was still not produced because of some causes independent of the will of the offender.
A) Consummated felony
B) Frustrated felony
C) Contemplated felony
- 11. Acts which still require another act so that a felony will result.
A) None of these.
B) Disrupted acts
C) Preparatory acts
D) Accessory acts
- 12. "The act of one is the act of all." This relates to:
A) Agreement
B) Intent
C) Conspiracy
D) Motive
- 13. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of.
A) poverty
B) wealth
C) unemployed
D) uneducational
- 14. This is a security given for the release of the person in custody of the law. The right to bail is cognate to the fundamental right to be presumed innocent.
A) recognizance
B) punishment
C) bail
D) sureties
- 15. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
A) special
B) proceed
C) suspended
D) continue
- 16. All persons, except of those charged with offenses punishable by when evidence is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as maybe provided by law.
A) Reclusion Temporal
B) Death Penalty
C) Reclusion Perpetua
D) Prision Mayor
- 17. It includes freedom to choose and change once abode and freedom to travel within the country and outside.
A) Right to information
B) Liberty of abode and the right to travel
C) The right to self-organization-
D) Non-impairment clause
- 18. Which of the following is true about the right of accused?
A) Any person under investigation for the commission of an offense shall have no right to be informed of his right to remain silent
B) Any confession or admission obtained in violation of this or Section 17 hereof shall be admissible in evidence against him
C) To have competent and independent counsel preferably of his family choice
D) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will of accused
- 19. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to shall not be
A) pretend
B) obliged
C) choice
D) mandatory
- 20. There is impairment if a subsequent law changes the terms of contract between the parties, imposes new conditions, dispenses with those agreed upon or withdraws remedies for the enforcement of the rights of the parties. This statement is:
A) maybe false
B) maybe true
C) false
D) true
- 21. It is also referring to the right to engage in peaceful concerted activities or to participate in policy and decision-making processes affecting their rights and benefits.
A) Right to information
B) The right to self-organization
C) right to travel
D) The right of the people
- 22. Excessive bail shall is required. This statement is:
A) nearly true
B) true
C) nearly false
D) false
- 23. The right where the accused cannot be compelled to testify or produce evidence in the criminal case in which he is the accused, or one of the accused. He cannot be compelled to do so even in subpoena or other process in order of the Court.
A) Right to public trial
B) Right to speedy disposition
C) Right against self-incrimination
D) Right to compulsory process
- 24. It means that when a person is charge when an offense and the case is terminated either by acquittal or conviction or any manner without the consent of the accused, he cannot again be charged with the same or identical offense.
A) Double jeopardy
B) Right to speedy disposition
C) Right against cruel, degrading or inhuman punishment
D) Ex-post facto law
- 25. This is the constitutional right to be informed of the nature and cause of the accusation entitles the accused insist that the indictment apprised him or the crime charge with such reasonable certainly that he can make his defense and protect himself after judgment against another prosecution on the same charge.
A) Right to informed of the nature and the cause of accusation
B) Right to confront/ cross examine
C) Right to impartial/ fair trial
D) Right to speedy trial
- 26. It defined as one free from vexatious, capricious and oppressive delay, it's salutary objective" being to assure that an innocent person maybe free from the anxiety and expense from a court litigation
A) Right to speedy trial
B) Right to public trial
C) Right to impartial/ fair trial
D) Right to confront/ cross examine
- 27. The chief purpose of confrontation is to secure the opportunity the cross-examination of the witness against the accused.
A) Right to public trial
B) Right against self-incrimination
C) Right to compulsory process
D) Right to confront/ cross examine
- 28. Is a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the accused afforded his or rights.
A) Right to impartial/ fair trial
B) Right to compulsory process
C) Right against self-incrimination
D) Right to confront/ cross examine
- 29. A trial conducted according to the law in criminal procedure and the rules and regulations free from vexations and capricious delays.
A) Justice on time is justice acquired
B) Justice delays is justice denied
C) Justice on time is justice denied
D) Justice delays is justice acquired
- 30. Defined as a legislative act which inflicts punishment without a trial.
A) Ex-post facto law
B) Bill of attainder
C) Double jeopardy
D) Right against cruel, degrading or inhuman punishment
- 31. It defined the hearing of the case proceeds even without the presence of the accused.
A) Right to public trial
B) Trial in absentia
C) Right against self-incrimination
D) Bill of attainder
- 32. The right of a person against a deliberate and aggravated treatment or punishment inflicted by a person in authority or agent of a person in authority against a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement to the latter.
A) Double jeopardy
B) Ex-post facto law
C) Right against cruel, degrading or inhuman punishment
D) Bill of attainder
- 33. What is the duty of the court when the penalty prescribed for a felony is excessive?
A) The court should call the attention of the President on the matter.
B) Acquit the accused.
- 34. There is a crime committed but no criminal liability arises. This is true in:
A) Mitigating circumstances
B) Exempting circumstances
C) None of these.
D) Aggravating circumstances
- 35. The circumstances affecting criminal liability are the following, except:
A) Motivational circumstances
B) Alternative circumstances
C) Justifying circumstances
D) Exempting circumstances
- 36. The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity.
A) True
B) False
C) As a general rule.
D) None of these.
- 37. During ______ intelligence. the insane acts with
A) None of these.
B) Lucid interval
C) Highest sanity
D) Moment of tranquility
- 38. He is one who, while advanced in age, has a mental development comparable to that of children between the two and seven years of age.
A) Insane
B) Extrovert
C) Introvert
D) Imbecile
- 39. The exemption from punishment under exempting circumstances based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.
A) False
B) True
C) It depends.
D) In most cases.
- 40. They are those grounds for exemption from punishment because there is a wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
A) Aggravating cicumstances
B) Justifying circumstances
C) Exempting circumstances
D) Alternative circumstances
- 41. Under the Revised Penal Code, a person must act with malice or negligence to be criminally liable. One who acts without intelligence, freedom of action or intent does not act with malice. On the other hand, one who acts without intelligence, freedom of action or fault does not act with negligence.
A) True
B) As a general rule.
C) None of these.
D) False
- 42. In_____, by the complete absence of any of the conditions which constitute free will or voluntariness of the act, no criminal liability arises.
A) Aggravating circumstances
B) Alternative circumstances
C) None of these.
D) Exempting circumstances
- 43. It means the capacity to understand the difference between right and wrong and the consequences of the wrongful act.
A) Morality
B) Discernment
C) Sanity
D) Lucidity
- 44. It refers to a child who is alleged as, accused of, or being adjudged as, having committed an offense under Philippine laws.
A) Child Criminal
B) Child in Conflict with the Law
C) Youthful Offender
D) Criminal Child
- 45. They are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty.
A) None of these.
B) Exonerating circumstances
C) Mitigating circumstances
D) Alleviating circumstances
- 46. Where the accused is charged with murder as when treachery as a qualifying circumstance is alleged in the information, the fact that there is a generic or privileged mitigating circumstance does not change the felony to homicide.
A) None of these.
B) True
C) False
D) The crime should be changed.
- 47. They are based on the diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender.
A) Exonerating circumstances
B) None of these.
C) Alleviating circumstances
D) Mitigating circumstances
- 48. The accused who was charged with robbery was less that 18 years old. He committed the crime during night time purposely sought, which is an aggravating circumstance.
A) The mitigating circumstance of minority yields to the aggravating circumstances of nighttime.
B) The aggravating circumstance of night time cannot offset the privileged mitigating circumstance of minority.
C) None of these.
D) The mitigating circumstance of minority is offset by the aggravating circumstance of nighttime.
- 49. Cannot be offset by aggravating circumstance.
A) Mitigating
B) Privileged mitigating
C) Standard mitigating
D) Common mitigating
- 50. A _______, to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: (1) He acknowledges his guilt. (2) He wishes to save them the trouble and expense necessarily incurred in the search and capture.
A) Flight
B) Capitulation
C) Arrest
D) Surrender
- 51. It is understood as any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one.
A) Vexing
B) Annoyance
C) Provocation
D) Inciting
- 52. To determine whether the personal offense is grave, the following must be considered, except:
A) Political affiliation
B) Time when the insult was made
C) Social standing of person
D) Place where the insult was made.
- 53. Aggravating circumstances are not presumed.
A) True
B) None of these.
C) False
D) Presumed
- 54. X killed Y in the presence of of the City Mayor. X knows very well the Mayor and aware of his presence. What aggravating circumstance was present?
A) That the crime be committed in contempt of rr with insult to the public authorities.
B) None of these.
C) Abuse of power.
D) Contempt
- 55. X, a policeman on duty, maltreated Y, a detainee. What aggravating circumstance was present in the commission of the crime?
A) That treachery was present.
B) None of these.
C) That advantage be taken by the offender of his public position.
D) That there was evident premeditation.
- 56. Evident premeditation is ____, in robbery, theft, estafa, adultery and ocncubinage.
A) Aggravating
B) Inherent
C) Specific
D) Qualifying
- 57. Alevosia (treachery) qualifies the killing to:
A) Infanticide
B) Aggravated homicide
C) Parricide
D) Murder
- 58. Inherent aggravating circumstances are:
A) Those that must of necessity accompany the commission of the crime.
B) None of these.
C) Those that are expected of human nature.
D) Those that goes with the nature of the crime.
- 59. Aggravating circumstances that change the nature of the crime are:
A) Inherent aggravating circumstances
B) Qualifying aggravating circumstances
C) Specific aggravating circumstances
D) None of these.
- 60. Specific aggravating circumstances are:
A) Those that apply only to particular crimes.
B) Those which are of the same species as the crime charged.
C) None of these.
D) Those that are specified by law.
- 61. Generic aggravating circumstances are:
A) None of these.
B) Those that are genus of all crimes.
C) Those are general in application.
D) Those that can generally apply to all crimes.
- 62. He is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.
A) Repeat offender
B) Repeater
C) Recidivist
D) Delinquent
- 63. In the crime of acts of lasciviousness committed by the father against her daughter is:
A) Justifying
B) Mitigating
C) Exempting
D) Aggravating
- 64. A lawyer who with abuse of his education and learning commits estafa. Such is:
A) Mitigating
B) Aggravating
C) Exempting
D) Justifying
- 65. Relationship is neither mitigating nor aggravating, when relationship is an element of the offense.
A) True
B) False
C) As a general rule.
D) None of these.
- 66. They are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.
A) Similar Circumstances
B) Alternative Circumstances
C) Analogous Circumstances
D) None of these.
- 67. A medical student who was convicted of slander by deed. His education and degree of instruction is:
A) Justifying
B) Exempting
C) Mitigating
D) Aggravating
- 68. Low degree of instruction and education or lacks of it is generally:
A) Mitigating
B) Exempting
C) Justifying
D) Aggravating
- 69. If the intoxication when the crime was committed was habitual, it is:
A) Exempting
B) Mitigating
C) Justifying
D) Aggravating
- 70. In slight physical injuries committed by the father against his son, the relationship is:
A) Justifying
B) Mitigating
C) Exempting
D) Aggravating
- 71. X imbibed several bottles of Red Rose Beer before his killed Y. Intoxication is:
A) Aggravating
B) Mitigating
C) Exempting
D) Justifying
- 72. In the crime of estafa committed by A against B, it appears that A is uneducated and lacks understanding of the consequences of his act of spending the money entrusted to him by B. Lack of education in this case is:
A) Mitigating
B) Justifying
C) Aggravating
D) Exempting
- 73. The presumption is that intoxication is accidental.
A) True
B) It depends.
C) False
D) None of these.
- 74. An alternative circumstance may be taken either as mitigating or aggravating circumstance depending on the relationship, degree or instruction or education of the accused, etc. If X committed a felony of acts of lasciviousness against Y, his very own adoptive daughter already of legal age, how shall such circumstance of relationship be considered?
A) None of these.
B) Mitigating circumstance
C) Either as mitigating or aggravating circumstance
D) Aggravating circumstance
- 75. A lawyer who with abuse of his education and learning commits estafa. Such is:
A) Aggravating
B) Exempting
C) Mitigating
D) Justifying
- 76. They are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability, except in case of act to avoid greater evil in par. 4 of Art. 11.
A) Justifying circumstances
B) Exempting circumstances
C) Aggravating circumstances
- 77. It refers to a a woman who is repeatedly subjected to forceful physical or psychological behaviour by a man in order to coerce he to do something he wants he to do without concern for her rights. There should be a battering cycle of at least twice.
A) None of these.
B) Abused woman
C) Aggressive woman
D) Battered woman
- 78. It is the obligation of suffering the consequences of crime. It is the obligation of taking the penal and civil consequences of the crime.
A) Liability
B) Imputability
C) Responsibility
D) Guilt
- 79. It is equivalent to assault or at least threatened assault of an immediate and imminent kind.
A) Unlawful aggression
B) None of these.
C) Assault
D) Threat
- 80. It is an element of responsibility, for a man cannot be mad to answer for the consequences of a crime unless he is guilty.
A) Mens rea
B) Motive
C) Conscience
D) Guilt
- 81. Defense of other rights include:
A) Defense of right to chastity
B) Defense of home
C) Defense of property
D) All of these.
- 82. It is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put down to the doer as his very own.
A) Imputability
B) Responsibility
C) Liability
D) Guilt
- 83. Any person who acts in obedience to an order issued by a superior for some lawful purpose is not criminally liable.
A) False
B) Only if self defense is present.
C) None of these.
D) True
- 84. The aggression that was begun by the injured party already ceased to exist when the accused attacked him.
A) None of these.
B) Retaliation
C) Self-defense
D) Aggression
- 85. Which of the following is not one of the circumstances which affect criminal liability?
A) Aggravating circumstances
B) Justifying circumstances
C) Mitigating circumstances
D) Social standing
- 86. He is a person who, not being a principal, cooperates in the execution of the offense by previous or simultaneous acts.
A) None of these.
B) Accomplice
C) Principal
D) Accessory
- 87. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished:
A) Principal by indispensable cooperation
B) Cooperating felons
C) Conspirators
D) None of these.
- 88. The active subject in a crime is the:
A) the victim
B) the relatives of the victim
C) criminal
D) the State
- 89. He is one who, having knowledge of the commission of the crime, and without having participated therein, either as principal or accomplice, takes part subsequent to its commission.
A) Accomplice
B) Principal
C) Accessory
D) Instigator
- 90. The passive subject of a crime is:
A) the legislator
B) the executor
C) the judiciary
D) the holder of the injured right
- 91. Those who take direct part in the execution of the act:
A) Principal by direct participation
B) Direct party
C) Principal party
D) Primary suspect
- 92. It exists when two or more persons came to an agreement concerning the commission of a felony and decide to commit it.
A) Instigation
B) Conspiracy
C) None of these.
D) Entrapment
- 93. Principal by inducement:
A) None of these.
B) Those who refuse to commit it.
C) Those who directly force or induce others to commit it.
D) Those who directly joined others to commit it
- 94. Who among the following is the passive subject in a crime?
A) None of these.
B) the perpetrator
C) the injured party
D) the culprit
- 95. The treble division of persons criminally responsible for an offense:
A) rests upon the very nature of their relationship with the perpetrator of the crime
B) rests upon the very nature of the crime.
C) rests upon the very nature of their participation in the commission of the crime as principal, accompof their relationship with the perpetrator of the crimelice, or accessory.
D) rests upon the very stage of the commission of the crime.
- 96. It refers to inaction by which a person may be considered criminally liable when the law requires the performance of a certain act, e.g., failure to assist one's own victim.
A) Intent
B) Fraud
C) Omission
D) Act
- 97. For an act to be considered to be done with malice or dolo, which among the following must be present
A) Intent
B) All of these.
C) Intelligence
D) Freedom
- 98. A inflicted slight physical injuries to B without intention to inflict other injuries. B then attacked A. This is an example of:
A) Proximate cause
B) Self-defense
C) Retaliation
D) Intervening cause
- 99. It is the portion of the acts constituting the felony, starting from the point where the offender begins the commission of the crime to the point where he still has control over his acts.
A) Overt acts
B) Objective phase
C) Attempted felony
D) Subjective phase
- 100. Generally these felonies are punishable only when they have been consummated, with the exemption of those crimes committed against persons or property.
A) All of these.
B) Grave felonies
C) Light felonies
D) Less grave felonies
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