Crimlaw book 1

1. 1.A man (P) and two friends plan to rob a pawnshop. At night, P forces open the back door and enters; an alarm sounds. The owner awakens, confronts P, who, panicking, kicks the owner causing fatal head injuries. The two friends were waiting outside and did not enter. Which is the correct criminal liability/penalty outcome under Book I rules?

A) P is principal in a felony resulting in homicide (qualified felony — aggravating: night and unlawful entry); the two friends are accomplices and punished one degree lower.
B) P is principal in homicide (no treachery), the two friends are accessories and punished lower by two degrees.
C) P is the only one liable because injury occurred spontaneously; the two friends are not liable.
D) P is principal in murder; the two friends are accomplices and receive the penalty next lower in degree.
E) P is principal in a felony resulting in homicide (qualified felony — aggravating: night and unlawful entry); the two friends are accomplices and punished one degree lower.

2. 2.A barangay tanod sees two men fighting; one (A) draws a knife and is about to stab B. The tanod fires his service firearm at A to stop the attack; the bullet kills A. The tanod fired despite having alternatives (pepper spray, shout for backup) but believed immediate lethal force necessary. Under Book I justifying circumstances, the tanod’s act is:

A) Mitigated only — acts done under impulse and fear (Art. 13(6)), but criminally liable.
B) Exempt from criminal liability because he acted in obedience to an order by a superior (Art. 11(6)).
C) Justified — lawful exercise of duty (Art. 11(5)) because he acted in fulfillment of duty to protect life.
D) Not justified — excessive means used; lack of reasonable necessity (Art. 11(1) requisites not met).
E) Not justified — excessive means used; lack of reasonable necessity (Art. 11(1) requisites not met).

3. 3.X sets explosive on a cargo truck to steal its goods. The device detonates but, due to a manufacturing defect, causes only property damage and no injuries. Which best describes legal characterization?

A) Consummated felony of robbery by means of explosives (complex crime), punishable by the highest penalty.
B) Light felony because only property damage occurred.
C) Attempted robbery — only commencement of execution occurred; penalty two degrees lower.
D) Frustrated robbery — all acts to consummate were performed but result did not occur due to independent cause; penalty one degree lower.
E) Frustrated robbery — all acts to consummate were performed but result did not occur due to independent cause; penalty one degree lower.

4. 4. A 12-year-old (confirmed to have acted with discernment) commits estafa. Under Book I:

A) He is exempt from both criminal and civil liability; the State pays compensations.
B) He is fully criminally liable and punished as adult for estafa.
C) He is exempt from criminal liability but civil liability falls on his parents or guardians if fault/negligence is shown.
D) He is exempt from criminal liability but civil liability falls on his parents or guardians if fault/negligence is shown.
E) He is subject to juvenile procedures and may be committed (Art. 80) but still criminally punished.

5. 5.Police officer Q, while on duty, accepts a bribe to ignore illegal gambling (public officer advantage + abuse of position). Later, Q voluntarily confesses before trial and surrenders. Under Book I rules, how should the court treat the aggravating/mitigating circumstances in determining penalty?

A) Aggravating (public position) overrides voluntary surrender; impose maximum
B) Since the accused is public officer, only absolute penalties apply and no mitigation allowed (Art. 63).
C) Voluntary surrender is a mitigating circumstance that should be weighed against aggravation but public position aggravation (Art. 14(1)) may still increase penalty.
D) Voluntary surrender is a mitigating circumstance that should be weighed against aggravation but public position aggravation (Art. 14(1)) may still increase penalty.
E) Confession completely exempts him from penalty.

6. 6.Y attempts to poison Z but unknowingly uses a harmless herbal tea; the plan fails because the substance is inert (objectively impossible means). Under Article 59 (impossible means), the offender should be:

A) Acquitted because impossibility negates criminality.
B) Treated as having consummated the crime and punished fully.
C) Punished as accessory because means were inadequate.
D) Penalized with arresto mayor or a fine (Art. 59) taking social danger into account.
E) Penalized with arresto mayor or a fine (Art. 59) taking social danger into account.

7. 7.A convicted offender had two final prior convictions (both less grave) within ten years; now convicted for a third qualifying offense of the same category. Under Art. 62(5), the offender should:

A) Receive penalty for the last crime plus additional prision correccional (medium & maximum).
B) Receive penalty for the last crime plus additional prision correccional (medium & maximum).
C) Be treated as first-time offender — no habitual rules apply.
D) Only civil penalties apply.
E) Automatically be imposed reclusion temporal due to habitual delinquency.

8. 8.After a politically motivated parricide, L helps the principal dispose of the murder weapon and hides the body for substantial reward; L had prior knowledge of the crime but did not participate in its execution. Under Book I, L is:

A) Not criminally liable because he did not take part in the killing.
B) An accessory (Art. 19) — punished two degrees lower and possibly face disqualification if public function abused.
C) An accessory (Art. 19) — punished two degrees lower and possibly face disqualification if public function abused.
D) An accomplice (Art. 18) — punished one degree lower.
E) A principal by inducement because he accepted reward

9. 9.Z committed a crime punishable by reclusion temporal. The offense was not discovered until 12 years later; the accused left the Philippines for 5 years during that interval. How does prescription (Art. 90–91) apply?

A) Crime prescribed because 12 > 20 years for reclusion temporal.
B) Prescription not yet run because it starts from discovery; 12 years < 20 years, so prosecution is timely.
C) Prescription interrupted by absence from Philippines (term does not run while absent) — time outside excluded; so still within 20-year period.
D) Prescription fixed at 15 years regardless of penalty class.
E) Prescription interrupted by absence from Philippines (term does not run while absent) — time outside excluded; so still within 20-year period.

10. 10.A law prescribes a single indivisible penalty of “reclusion temporal” for a specific aggravated theft. In the commission, only mitigating circumstances (voluntary confession and youth) are present and no aggravating facts. Under Art. 63, the court should:

A) Apply the lesser indivisible penalty if mitigating circumstances attend.
B) Apply the lesser indivisible penalty if mitigating circumstances attend.
C) Convert penalty to prision mayor because of confession.
D) Apply the greater indivisible penalty since no aggravating circumstances exist.
E) Apply full reclusion temporal regardless of mitigating circumstances (indivisible penalty).

11. 11.Bloom level: Analyze / Evaluate
While trying to shoot a fleeing robber, Police Officer R accidentally hits a bystander, killing him instantly. Evidence shows Officer R followed protocol and fired only to disable the fleeing felon. What is R’s liability under the Revised Penal Code?

A) Exempt from liability — lawful exercise of duty with due care.
B) Liable for reckless imprudence resulting in homicide.
C) Liable for simple negligence — misdemeanor under special law.
D) Liable as principal in homicide due to intent to kill.
E) Exempt from liability — lawful exercise of duty with due care.

12. 12.T, aged 72, steals ₱10,000 from his employer due to hunger. He confesses voluntarily before any complaint is filed. Under Book I, how many mitigating circumstances exist, and what effect should they have?

A) Two mitigating (old age + voluntary confession) — reduce by one degree.
B) Two mitigating, no aggravating — impose penalty one degree lower (Art. 64[5]).
C) Two mitigating, no aggravating — impose penalty one degree lower (Art. 64[5]).
D) None — voluntary confession applies only when crime is complex.
E) One mitigating (voluntary confession) — impose penalty in minimum period.

13. 13.During a heated argument, J, intoxicated after heavy drinking, stabs his brother. Evidence shows intoxication was habitual. How should intoxication affect J’s liability?

A) It mitigates the penalty because intoxication diminishes intent.
B) It neutralizes other mitigating circumstances.
C) It has no legal effect since alcohol is not covered under Book I.
D) It aggravates the penalty because intoxication was habitual.
E) It aggravates the penalty because intoxication was habitual.

14. 14.K plants a bomb in a government bus to assassinate a rival but unintentionally kills five passengers. Under Art. 48, how is this treated?

A) As attempted homicide with no aggravation.
B) As five separate homicides — multiple penalties.
C) As a single complex crime — one act producing multiple grave felonies.
D) As a single complex crime — one act producing multiple grave felonies.
E) As frustrated murder with multiple counts of reckless imprudence.

15. 15.A mentally ill person burns a neighbor’s house during a psychotic episode. The court finds him insane at the time of commission. What is the status of civil liability?

A) Civil liability transfers to the State.
B) Civil liability subsists and devolves upon the person having him under authority or care if negligent.
C) Civil liability subsists and devolves upon the person having him under authority or care if negligent.
D) The insane person remains civilly liable, but penalty is suspended.
E) None — insanity exempts from both criminal and civil liability.

16. 16.M hides his son, who committed murder, to prevent arrest. He refuses to surrender him to police. What is M’s liability?

A) Principal by inducement.
B) Accessory, fully liable since crime is heinous.
C) Accomplice, because he assisted prior to arrest.
D) Accessory, exempted due to relationship (Art. 20).
E) Accessory, exempted due to relationship (Art. 20).

17. 17.An offender is convicted of three crimes: reclusion perpetua, prision mayor, and arresto mayor. Under Art. 70, what is the maximum period of imprisonment he can actually serve?

A) 40 years maximum (3-fold rule).
B) 50 years cumulative.
C) 30 years maximum.
D) 40 years maximum (3-fold rule).
E) Based on judge’s discretion, no cap.

18. 18.After serving 15 years, N receives a presidential pardon. He applies for public office but is denied by COMELEC. Was COMELEC correct?

A) No, pardon restores all rights automatically.
B) Yes, pardon does not restore right to hold office unless expressly stated.
C) Yes, but only if conviction was for treason.
D) No, after completion of sentence he’s automatically rehabilitated.
E) Yes, pardon does not restore right to hold office unless expressly stated.

19. 19.An accused served 5 years of preventive detention before conviction for a crime punishable by 8 years imprisonment. He did not sign an undertaking to abide by prison disciplinary rules. How should the preventive detention be credited?

A) No credit without undertaking.
B) 4/5 credit of the time served.
C) 4/5 credit of the time served.
D) Full credit (5 years).
E) Half credit only.

20. 20.C kills D after severe provocation from D. However, C used treachery and took advantage of superior strength. How should the court balance these factors?

A) Court ignores offsetting; applies all aggravating.
B) Mitigating provocation cancels one aggravating; remaining aggravating increases penalty.
C) Mitigating provocation cancels one aggravating; remaining aggravating increases penalty.
D) Provocation fully justifies the act.
E) Mitigating automatically outweighs all aggravating.

21. 21.After committing robbery, A sells the stolen jewelry to B, a pawnshop owner who knew they were stolen. What is B’s liability?

A) Accomplice – he cooperated before the crime.
B) Accessory – he profited from the crime after its commission.
C) Principal by inducement – his purchase encouraged the robbery.
D) Not liable – transaction occurred after the robbery ended.
E) Accessory – he profited from the crime after its commission.

22. 22.Armed men force taxi driver T at gunpoint to drive them away from a bank robbery scene. What is T’s criminal liability?

A) Exempt – acted under irresistible force or uncontrollable fear.
B) Accessory, for aiding their escape.
C) Accomplice, because he cooperated.
D) Exempt – acted under irresistible force or uncontrollable fear.
E) Principal – participated in flight from crime.

23. 23.A shopkeeper fires a gun at a thief fleeing with his goods, hitting the thief’s leg. The thief posed no further aggression. Which best describes the act?

A) Partially excusable – mitigated for lack of intent to kill.
B) Fully justified – defense of property.
C) Unjustified – excessive force; liable but mitigating passion.
D) Unjustified – excessive force; liable but mitigating passion.
E) Exempt – defense of rights always absolute.

24. 24.Statute imposes prisión correccional to prisión mayor for a felony. The court finds two mitigating circumstances and no aggravating. Which penalty applies?

A) Prisión correccional (maximum)
B) Prisión mayor (minimum)
C) Penalty one degree lower (Art. 64[5]) – arresto mayor
D) Same penalty in medium period
E) Penalty one degree lower (Art. 64[5]) – arresto mayor

25. 25.Convict S must serve reclusión temporal (20 yrs) and prisión mayor (10 yrs). Under Art. 70, how are these executed?

A) Successively – reclusión temporal first then prisión mayor.
B) Simultaneously.
C) Judge may choose order freely.
D) Serve the shorter first.
E) Successively – reclusión temporal first then prisión mayor.

26. 26.X throws a rock intending to injure Y (slight physical injury) but Y dies. Under Art. 49, what is X’s liability?

A) Penalty for homicide in maximum period.
B) Penalty for slight injuries in maximum period.
C) Penalty for homicide in minimum period.
D) Penalty for slight injuries in maximum period.
E) Penalty for attempted murder.

27. 27.For frustrated homicide, what penalty applies to the principal?

A) Penalty next lower than that prescribed for consummated homicide.
B) Penalty prescribed for homicide in maximum period.
C) Penalty two degrees lower than homicide.
D) Penalty next lower than that prescribed for consummated homicide.
E) Penalty same as attempted homicide.

28. 28.P was fined ₱10,000 but has no property. He was sentenced to subsidiary imprisonment. How long may he be detained?

A) One day for each ₱5 — maximum one year.
B) One day for each ₱10 — maximum six months.
C) One day for each ₱8 — not exceeding one year.
D) One day for each ₱8 — no limit.
E) One day for each ₱8 — not exceeding one year.

29. 29.A convict escaped after serving half of a 10-year prisión mayor sentence. He was arrested 16 years later. Can he invoke prescription of penalty?

A) No – period begins only upon evasion and was interrupted by recapture.
B) Yes – he already served half of it.
C) Yes – 15 years for afflictive penalties elapsed.
D) No – period begins only upon evasion and was interrupted by recapture.
E) No – prescription never applies to escapees.

30. 30.Q was granted conditional pardon not to commit any crime within 5 years. He committed theft after 3 years. What is the effect?

A) Pardon revoked; he serves remaining sentence plus new penalty.
B) Pardon revoked; he serves remaining sentence plus new penalty.
C) Only new penalty for theft applies.
D) Pardon remains valid; conditions are not binding.
E) Sentence automatically extinguished.

31. 31.Two men agree to assassinate a mayor and buy guns, but police arrest them before any attempt. What liability exists?

A) Conspiracy to commit a crime is always punishable.
B) Punishable only if the law expressly penalizes that conspiracy (e.g., treason, rebellion).
C) Punishable only if the law expressly penalizes that conspiracy (e.g., treason, rebellion).
D) None – mere agreement is not punishable.
E) Proposal is punishable because they bought guns.

32. 32.A motorist sees a woman being beaten by a man. He intervenes and stabs the aggressor, causing death. He acted solely to protect the woman without revenge or gain. Is he criminally liable?

A) No
B) Partly liable
C) Yes
D) No
E) Yes

33. 33.P throws a stone at a window causing ₱50 damage. Police arrive before he breaks a second pane. How is this treated?

A) Light felonies are punishable only when consummated (Art. 7).
B) Always punishable if against property.
C) Light felonies are punishable only when consummated (Art. 7).
D) Frustrated light felony – punishable.
E) Attempted light felony – punishable.

34. 34.F finds his wife in flagrante with another man and immediately stabs the lover to death. What is the effect on penalty?

A) Mitigated by passion or obfuscation (Art. 13[6]).
B) No effect – crime is murder.
C) Mitigated by passion or obfuscation (Art. 13[6]).
D) Completely justified.
E) Aggravated by jealousy.

35. 35.If the penalty for a crime is reclusión temporal and one degree lower is to be applied, what penalty is that?

A) Prisión mayor
B) Prisión correccional
C) Prisión mayor
D) Arresto mayor
E) Reclusión perpetua

36. 36.A lifeguard ignores a drowning child due to fatigue; the child dies. What is the liability?

A) Grave misconduct only.
B) Negligent homicide through culpa.
C) Negligent homicide through culpa.
D) None – mere omission not punishable.
E) Accessory after the fact.

37. 37.A court sentences a woman to destierro for homicide committed in defense of honor. She enters the prohibited radius of 20 km to visit her sick child. What is her liability?

A) Violation of conditional pardon.
B) NONE
C) Contempt of court only.
D) Evasion of service of sentence (Art. 157).
E) Evasion of service of sentence (Art. 157).

38. 38.Political detainee J receives amnesty for rebellion. The government seeks to collect damages for property he destroyed. Is civil liability extinguished?

A) Yes
B) Yes
C) Partially extinguished
D) Subject to presidential discretion.
E) No

39. 39.Defendant dies while appeal is pending. Which is correct?

A) Both criminal and civil liability based on the offense are extinguished.
B) Criminal liability extinguished but civil liability subsists.
C) Only fine is extinguished.
D) Civil case continues against estate.
E) Both criminal and civil liability based on the offense are extinguished.

40. 40.A prisoner with a 12-year sentence maintains perfect conduct for the first 5 years. How much deduction may he earn under Art. 97?

A) 15 days per month for five years.
B) 10 days per month for five years.
C) 5 days per month for 2 years + 8 days per month for next 3 years.
D) 5 days per month for 2 years + 8 days per month for next 3 years.
E) NONE

41. 41.A carelessly leaves a loaded gun on a table. B, a 10-year-old, plays with it and accidentally kills C. What is A’s liability?

A) Liable only if he personally pulled the trigger.
B) Principal by negligence resulting in homicide.
C) NONE
D) Principal by negligence resulting in homicide.
E) Accessory only.

42. 42.A poor, uneducated farmer kills another in a brawl. Court finds he acted without discernment of full legal consequences due to ignorance. What is the effect?

A) Neutral – has no effect.
B) It aggravates liability because ignorance of law excuses no one.
C) Illiteracy is mitigating when it shows lack of instruction (Art. 13[10]).
D) Illiteracy is mitigating when it shows lack of instruction (Art. 13[10]).
E) Ignorance never excuses.

43. 43.While shooting to kill X, Y also kills an innocent bystander Z with the same bullet. What crime results?

A) Two counts of homicide.
B) One complex crime of homicide with homicide.
C) Frustrated homicide.
D) One complex crime of homicide with homicide.
E) Two separate crimes with separate penalties.

44. 44.Officer Q is prosecuted under a special anti-graft law. He argues RPC principles on mitigating circumstances should apply. Is he correct?

A) Yes
B) Only penalties, not rules of liability, apply.
C) Yes
D) No
E) Yes

45. 45.Within ten years, M is convicted of theft, estafa, and robbery — all less grave. What is he considered under the Code?

A) Quasi-recidivist.
B) Recidivist.
C) Reoffender
D) Habitual delinquent
E) Habitual delinquent

46. 46.Convict D, while serving sentence for homicide, commits another homicide inside prison. How is the new offense treated?

A) No effect; same as other prisoners.
B) Ordinary recidivism – one aggravating circumstance.
C) Penalty increased by one degree (quasi-recidivism).
D) Penalty increased by one degree (quasi-recidivism).
E) Separate offense of evasion of sentence.

47. 47.A persuades B, a minor, to burn a rival’s store, promising ₱50,000. B complies and fire spreads, killing a tenant. What is A’s liability?

A) Accomplice only.
B) Principal by inducement for arson with homicide (complex crime).
C) Civilly liable only.
D) Accessory – benefited but did not act.
E) Principal by inducement for arson with homicide (complex crime).

48. 48.X killed Y inside a church during a funeral. Which aggravating circumstances apply?

A) In a place dedicated to religious worship (Art. 14[5]).
B) Treachery only.
C) In a place dedicated to religious worship (Art. 14[5]).
D) By taking advantage of public position.
E) In uninhabited place and nighttime.

49. 49.Convict E finished serving his full sentence but refuses to pay civil indemnity. Does completion of sentence extinguish civil liability?

A) Court discretion.
B) No
C) No
D) Yes
E) Partially extinguished by imprisonment.

50. 50.Undercover agent persuades a drug suspect to sell illegal drugs so he can arrest him. The suspect initially refuses but later yields. What principle applies?

A) Instigation
B) Attempted entrapment
C) Entrapment
D) Instigation
E) Conspiracy

51. 51.Soldier X sees a figure crawling in the dark toward camp and fires, believing it to be an armed rebel. It turns out to be a fellow soldier. Is X criminally liable?

A) Yes
B) No
C) No
D) No
E) Yes

52. 52.An accused drank to gain courage before committing a robbery. During the act he was heavily intoxicated. How does intoxication affect his liability?

A) Aggravating, because intentional.
B) Neutral, since voluntary drunkenness has no effect.
C) Mitigating, because intoxicated.
D) Aggravating, because intentional.
E) Extinguishes liability if intoxication severe.

53. 53.X stabs a corpse, believing the victim is alive. What crime, if any, was committed?

A) Impossible crime under Art. 4(2).
B) Impossible crime under Art. 4(2).
C) Attempted homicide.
D) None – act harmless.
E) Frustrated homicide.

54. 54.Which best differentiates a justifying from an exempting circumstance?

A) There is no distinction.
B) Both excuse, but justifying includes mitigating.
C) Justifying makes the act lawful; exempting excuses actor despite unlawfulness.
D) Justifying makes the act lawful; exempting excuses actor despite unlawfulness.
E) Both remove criminal liability; only exempting removes civil liability.

55. 55.A helps principal B by providing transport to escape immediately after a robbery, as planned beforehand. What is A’s classification?

A) Not liable
B) Accomplice
C) Accomplice
D) Accessory
E) Principal by participation.

56. 56.X kills Y at night, but evidence shows the place was well-lit and visibility clear. Can nighttime be appreciated?

A) Yes
B) Yes
C) No
D) Yes
E) No

57. 57.A fires several shots at one person, killing him instantly. How many crimes were committed?

A) One crime — all acts constitute a compound single crime.
B) One crime — all acts constitute a compound single crime.
C) As many as shots fired.
D) Attempted murder multiple times.
E) Several counts of physical injury.

58. 58.Penalty prescribed: Reclusión temporal to reclusión perpetua. Offender only attempted. What penalty should apply?

A) Prisión mayor.
B) Arresto mayor.
C) Prisión mayor.
D) Prisión correccional.
E) Reclusión temporal (medium to maximum).

59. 59.After conviction, offender receives absolute pardon. Which statement is correct?

A) Political rights restored only if expressly stated.
B) Pardon revives prior conviction.
C) Political rights restored only if expressly stated.
D) Pardon removes moral stain and record.
E) Civil liability extinguished automatically.

60. 60.Court finds an act clearly immoral but not defined by law. What should it do?

A) Convict under general justice.
B) Impose penalty similar to analogous crimes.
C) Dismiss case but report to Chief Executive or Congress.
D) Dismiss case but report to Chief Executive or Congress.
E) Refer to jurisprudence for conviction.

61. 61.A felony punishable by prisión correccional was committed in 2000 but discovered in 2005. Warrant issued in 2013. Can the accused invoke prescription?

A) Yes, because more than 10 years have passed since discovery.
B) No, because filing of complaint interrupts prescription.
C) No, discovery delays prescription.
D) Yes, because 8 years > 10-year prescriptive period.
E) No, because filing of complaint interrupts prescription.

62. 62.When property damage occurs, who among the participants bears civil liability?

A) Only principals.
B) Only principals and accomplices.
C) Principals, accomplices, and accessories jointly and severally, in proportion to participation.
D) Civil liability attaches only to principals and is subsidiary for others.
E) Principals, accomplices, and accessories jointly and severally, in proportion to participation.

63. 63.X insults Y in public. Later that night, Y hunts down X and kills him. Can Y invoke sufficient provocation?

A) No
B) No
C) Yes
D) Yes

64. 64.Three men spontaneously attack a bystander during a brawl. No prior plan existed. Can they be held as conspirators?

A) Yes
B) Yes
C) No
D) No

65. 65.Offender hides for 2 months then surrenders after warrant is issued. Does voluntary surrender apply?

A) No
B) No
C) Yes
D) Yes

66. 66.Farmer shoots a trespasser destroying crops. Trespasser flees, and farmer fires again, killing him 20 meters away. Is the act justified?

A) No
B) Yes
C) Yes
D) Mitigated only.
E) No

67. 67.A aims to kill X but hits Y instead. Under Book I, what is the effect?

A) Liable for homicide of Y and attempted homicide of X (Art. 4, aberratio ictus).
B) Liable for homicide of Y and attempted homicide of X (Art. 4, aberratio ictus).
C) Liable only for physical injuries.
D) Liable for impossible crime.
E) Liable for homicide of Y only.

68. 68.A cashier steals ₱10,000 weekly from his employer for 3 months using the same method. How many crimes are committed?

A) 12 crimes of theft.
B) Separate felonies per act.
C) One continued crime of theft.
D) 3 crimes (one per month).
E) One continued crime of theft.

69. 69.A schizophrenic kills a stranger during psychosis. The defense proves complete lack of intelligence at the time. What is proper disposition?

A) Exempt from criminal liability but confined to mental institution.
B) Acquitted and released immediately.
C) Conviction with mitigating circumstance.
D) Exempt from criminal liability but confined to mental institution.
E) Convicted of homicide but penalty suspended.

70. 70.X confesses guilt only after being confronted with CCTV evidence. Is the confession voluntary and mitigating?

A) No
B) Yes
C) Yes

71. 71.Driver X, while driving within speed limit, suddenly experiences a heart attack causing a fatal crash. What is his liability?

A) Reckless imprudence.
B) Homicide through negligence.
C) Exempt – act was purely accidental, without fault or intent.
D) Mitigated due to sudden illness.
E) Exempt – act was purely accidental, without fault or intent.

72. 72.Y repels a thief but uses excessive force, killing him. What circumstance applies?

A) Justifying
B) Exempting
C) Mitigating
D) Mitigating
E) Aggravating

73. 73.A intends to kill X but mistakenly kills Y, thinking Y was X. What is the liability?

A) Homicide against Y; intent transfers (Art. 4).
B) Homicide against Y; intent transfers (Art. 4).
C) Attempted homicide against X.
D) Impossible crime.
E) Acquittal due to mistake.

74. 74.X kills Y on a deserted mountain trail at noon. It was not purposely chosen to prevent discovery. Can “uninhabited place” aggravation apply?

A) Only if nighttime also present.
B) No
C) No
D) Yes
E) Yes

75. 75.Which statement correctly distinguishes amnesty from pardon?

A) Pardon erases guilt entirely.
B) Amnesty obliterates offense itself; pardon forgives penalty
C) Amnesty is personal; pardon is general.
D) Amnesty obliterates offense itself; pardon forgives penalty
E) Both require acceptance.

76. 76.After acquittal, prosecution appeals on the ground of error in appreciation of evidence. Is appeal allowed?

A) Yes
B) Only if evidence was fabricated.
C) No
D) No
E) Yes

77. 77.A 17-year-old is convicted of qualified theft. What must the court do?

A) Suspend sentence and commit to training institution.
B) Apply full adult penalty.
C) Impose sentence immediately.
D) Suspend sentence and commit to training institution.
E) Exempt due to minority.

78. 78.Two robbers steal ₱100,000. One returns ₱60,000. How is civil liability computed?

A) Each liable for half.
B) Both jointly liable for ₱100,000.
C) One liable for ₱40,000, other ₱60,000.
D) Both jointly liable for ₱100,000.
E) Liability extinguished by restitution.

79. 79.An offender voluntarily pays damages to victim before trial and expresses genuine remorse. How is this treated?

A) Mitigating by analogy to voluntary surrender.
B) Mitigating by analogy to voluntary surrender.
C) Not mitigating
D) Neutral factor.
E) Aggravating

80. 80.Law prescribes reclusión perpetua to death. One mitigating and no aggravating circumstance. What penalty applies?

A) Death.
B) Reclusión perpetua.
C) Reclusión perpetua.
D) Reclusión temporal.
E) Prision major.

81. 81.A truck driver’s brake fails due to lack of maintenance, causing multiple injuries. He argues the failure was mechanical, not his fault. What principle applies?

A) Impossible crime.
B) Culpa
C) Culpa
D) Force majeure
E) Accident

82. 82.R shoots victim intending to kill, but medical aid saves the victim’s life. What stage of execution applies?

A) Attempted homicide.
B) Frustrated homicide.
C) Frustrated homicide.
D) Consummated homicide.
E) None

83. 83.A breaks into a store intending to steal but changes his mind before taking anything and leaves. What is his liability?

A) None
B) None
C) Attempted theft.
D) Light felony.
E) Frustrated theft.

84. 84.Z stabs a thief who attempted to snatch his bag but was already running away. Which requisite is missing for self-defense?

A) Unlawful aggression.
B) Reasonable necessity of means.
C) Lack of provocation.
D) Unlawful aggression.
E) All of the above.

85. 85.A commits robbery and, during the act, kills a guard. What rule governs penalty?

A) Penalty for robbery with homicide in maximum period.
B) Mitigated penalty since homicide incidental.
C) Penalty for robbery with homicide in maximum period.
D) Separate penalties for robbery and homicide.
E) Only homicide punished.

86. 86.An accused was previously convicted of theft and estafa. After 12 years, commits another theft. Which applies?

A) Recidivism.
B) Quasi-recidivism.
C) Neither
D) Neither
E) Habitual delinquency.

87. 87.M hides his brother-in-law after the latter commits theft. He does not benefit. Is he criminally liable?

A) Yes
B) Yes
C) No
D) Yes
E) No

88. 88.One aggravating (nighttime) and two mitigating (youth and voluntary confession) circumstances exist. What penalty period applies?

A) Minimum period.
B) Maximum period.
C) One degree lower.
D) Minimum period.
E) Medium period.

89. 89.Convict fined ₱10,000, penalty = arresto mayor. He can’t pay. How long can he be detained subsidiarily?

A) One day per ₱10, max 6 months.
B) One day per ₱8, not exceeding one-third of principal penalty.
C) Up to one year.
D) Automatically one month.
E) One day per ₱8, not exceeding one-third of principal penalty.

90. 90.An offender convicted of four crimes: two reclusión temporal, one prision mayor, and one arresto mayor. What is the maximum serviceable time?

A) 50 years.
B) 40 years
C) 30 years.
D) 20 years.
E) 40 years

91. 91.While intending only to injure, X strikes Y on the head, causing death. What circumstance applies?

A) Complex crime.
B) Praeter intentionem
C) Praeter intentionem
D) Negligent homicide.
E) Intentional homicide.

92. 92.Two suspects each hold the victim while a third stabs him to death. Are the holders principals?

A) Yes
B) None of the above.
C) Yes
D) Accessory.
E) No

93. 93.A was convicted of theft in 2010 and again of estafa in 2020. Both are crimes under the same title of the RPC. What circumstance exists?

A) Habitual delinquency.
B) Recidivism
C) Quasi-recidivism.
D) No aggravation due to time gap.
E) Recidivism

94. 94.Four assailants, two of whom were armed, attack a single victim. Does “aid of armed men” apply to all?

A) Yes
B) No
C) NONE OF THESE
D) Yes
E) Yes

95. 95.X used a child under 12 to deliver poison to a victim. What aggravation applies?

A) Nighttime.
B) Cruelty.
C) Use of minor as means (Art. 14[10]).
D) Use of minor as means (Art. 14[10]).
E) Treachery.

96. 96.Defendant acted in self-defense but failed to prove lack of sufficient provocation. What is the result?

A) Complete justification.
B) Complete justification.
C) Mitigated penalty
D) No effect.
E) Exemption.

97. 97.After stabbing victim fatally, offender repeatedly slashes the body out of anger. What aggravation exists?

A) NONE OF THESE
B) Cruelty
C) NONE OF THESE
D) Abuse of superior strength.
E) Evident premeditation.

98. 98.Accused returns stolen jewelry after learning police identified him. Is it mitigating?

A) Yes
B) No
C) Yes
D) Yes
E) No

99. 99.A crime punishable by prisión correccional in its maximum period is classified as:

A) Grave felony.
B) Light felony.
C) Less grave felony.
D) NONE OF THESE
E) Less grave felony.

100. 100.A is acquitted of murder due to self-defense but evidence shows damage to victim’s family. What is the civil effect?

A) Automatically waived.
B) Civil liability remains if act caused damage, even if justified.
C) Civil liability remains if act caused damage, even if justified.
D) NONE OF THESE
E) Civil liability subsists only if based on another source.

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