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