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 murder; the two friends are accomplices and receive the penalty next lower in degree. C) P is principal in homicide (no treachery), the two friends are accessories and punished lower by two degrees. D) P is the only one liable because injury occurred spontaneously; the two friends are not liable. 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.
A) Not justified — excessive means used; lack of reasonable necessity (Art. 11(1) requisites not met). B) Justified — lawful exercise of duty (Art. 11(5)) because he acted in fulfillment of duty to protect life. C) Not justified — excessive means used; lack of reasonable necessity (Art. 11(1) requisites not met). D) Mitigated only — acts done under impulse and fear (Art. 13(6)), but criminally liable. E) Exempt from criminal liability because he acted in obedience to an order by a superior (Art. 11(6)).
A) Consummated felony of robbery by means of explosives (complex crime), punishable by the highest penalty. B) Frustrated robbery — all acts to consummate were performed but result did not occur due to independent cause; penalty one degree lower. C) Attempted robbery — only commencement of execution occurred; penalty two degrees lower. D) Light felony because only property damage occurred. E) Frustrated robbery — all acts to consummate were performed but result did not occur due to independent cause; penalty one degree lower.
A) He is fully criminally liable and punished as adult for estafa. B) He is exempt from criminal liability but civil liability falls on his parents or guardians if fault/negligence is shown. C) He is subject to juvenile procedures and may be committed (Art. 80) but still criminally punished. D) He is exempt from criminal liability but civil liability falls on his parents or guardians if fault/negligence is shown. E) He is exempt from both criminal and civil liability; the State pays compensations.
A) Confession completely exempts him from penalty. B) Aggravating (public position) overrides voluntary surrender; impose maximum C) Since the accused is public officer, only absolute penalties apply and no mitigation allowed (Art. 63). 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) Voluntary surrender is a mitigating circumstance that should be weighed against aggravation but public position aggravation (Art. 14(1)) may still increase penalty.
A) Penalized with arresto mayor or a fine (Art. 59) taking social danger into account. B) Acquitted because impossibility negates criminality. C) Penalized with arresto mayor or a fine (Art. 59) taking social danger into account. D) Treated as having consummated the crime and punished fully. E) Punished as accessory because means were inadequate.
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.
A) An accomplice (Art. 18) — punished one degree lower. B) Not criminally liable because he did not take part in the killing. C) A principal by inducement because he accepted reward D) An accessory (Art. 19) — punished two degrees lower and possibly face disqualification if public function abused. E) An accessory (Art. 19) — punished two degrees lower and possibly face disqualification if public function abused.
A) Prescription not yet run because it starts from discovery; 12 years < 20 years, so prosecution is timely. B) Prescription fixed at 15 years regardless of penalty class. C) Crime prescribed because 12 > 20 years for reclusion temporal. D) Prescription interrupted by absence from Philippines (term does not run while absent) — time outside excluded; so still within 20-year period. E) Prescription interrupted by absence from Philippines (term does not run while absent) — time outside excluded; so still within 20-year period.
A) Apply the lesser indivisible penalty if mitigating circumstances attend. B) Apply the lesser indivisible penalty if mitigating circumstances attend. C) Apply full reclusion temporal regardless of mitigating circumstances (indivisible penalty). D) Convert penalty to prision mayor because of confession. E) Apply the greater indivisible penalty since no aggravating circumstances exist.
A) Liable for simple negligence — misdemeanor under special law. B) Liable as principal in homicide due to intent to kill. C) Exempt from liability — lawful exercise of duty with due care. D) Exempt from liability — lawful exercise of duty with due care. E) Liable for reckless imprudence resulting in homicide.
A) Two mitigating, no aggravating — impose penalty one degree lower (Art. 64[5]). B) Two mitigating (old age + voluntary confession) — reduce by one degree. C) One mitigating (voluntary confession) — impose penalty in minimum period. D) None — voluntary confession applies only when crime is complex. E) Two mitigating, no aggravating — impose penalty one degree lower (Art. 64[5]).
A) It mitigates the penalty because intoxication diminishes intent. B) It neutralizes other mitigating circumstances. C) It aggravates the penalty because intoxication was habitual. D) It aggravates the penalty because intoxication was habitual. E) It has no legal effect since alcohol is not covered under Book I.
A) As a single complex crime — one act producing multiple grave felonies. B) As a single complex crime — one act producing multiple grave felonies. C) As attempted homicide with no aggravation. D) As five separate homicides — multiple penalties. E) As frustrated murder with multiple counts of reckless imprudence.
A) The insane person remains civilly liable, but penalty is suspended. B) Civil liability transfers to the State. C) Civil liability subsists and devolves upon the person having him under authority or care if negligent. D) Civil liability subsists and devolves upon the person having him under authority or care if negligent. E) None — insanity exempts from both criminal and civil liability.
A) Principal by inducement. B) Accessory, fully liable since crime is heinous. C) Accessory, exempted due to relationship (Art. 20). D) Accessory, exempted due to relationship (Art. 20). E) Accomplice, because he assisted prior to arrest.
A) 40 years maximum (3-fold rule). B) 50 years cumulative. C) Based on judge’s discretion, no cap. D) 30 years maximum. E) 40 years maximum (3-fold rule).
A) No, pardon restores all rights automatically. B) No, after completion of sentence he’s automatically rehabilitated. C) Yes, pardon does not restore right to hold office unless expressly stated. D) Yes, pardon does not restore right to hold office unless expressly stated. E) Yes, but only if conviction was for treason.
A) No credit without undertaking. B) Half credit only. C) 4/5 credit of the time served. D) 4/5 credit of the time served. E) Full credit (5 years).
A) Mitigating provocation cancels one aggravating; remaining aggravating increases penalty. B) Court ignores offsetting; applies all aggravating. C) Mitigating automatically outweighs all aggravating. D) Provocation fully justifies the act. E) Mitigating provocation cancels one aggravating; remaining aggravating increases penalty.
A) Accessory – he profited from the crime after its commission. B) Principal by inducement – his purchase encouraged the robbery. C) Accomplice – he cooperated before the crime. D) Accessory – he profited from the crime after its commission. E) Not liable – transaction occurred after the robbery ended.
A) Accomplice, because he cooperated. B) Exempt – acted under irresistible force or uncontrollable fear. C) Exempt – acted under irresistible force or uncontrollable fear. D) Principal – participated in flight from crime. E) Accessory, for aiding their escape.
A) Unjustified – excessive force; liable but mitigating passion. B) Unjustified – excessive force; liable but mitigating passion. C) Exempt – defense of rights always absolute. D) Fully justified – defense of property. E) Partially excusable – mitigated for lack of intent to kill.
A) Prisión mayor (minimum) B) Penalty one degree lower (Art. 64[5]) – arresto mayor C) Same penalty in medium period D) Prisión correccional (maximum) E) Penalty one degree lower (Art. 64[5]) – arresto mayor
A) Judge may choose order freely. B) Successively – reclusión temporal first then prisión mayor. C) Simultaneously. D) Serve the shorter first. E) Successively – reclusión temporal first then prisión mayor.
A) Penalty for slight injuries in maximum period. B) Penalty for homicide in maximum period. C) Penalty for homicide in minimum period. D) Penalty for attempted murder. E) Penalty for slight injuries in maximum period.
A) Penalty prescribed for homicide in maximum period. B) Penalty two degrees lower than homicide. C) Penalty next lower than that prescribed for consummated homicide. D) Penalty next lower than that prescribed for consummated homicide. E) Penalty same as attempted homicide.
A) One day for each ₱8 — no limit. B) One day for each ₱8 — not exceeding one year. C) One day for each ₱5 — maximum one year. D) One day for each ₱10 — maximum six months. E) One day for each ₱8 — not exceeding one year.
A) Yes – he already served half of it. B) No – prescription never applies to escapees. C) No – period begins only upon evasion and was interrupted by recapture. D) Yes – 15 years for afflictive penalties elapsed. E) No – period begins only upon evasion and was interrupted by recapture.
A) Only new penalty for theft applies. B) Sentence automatically extinguished. C) Pardon remains valid; conditions are not binding. D) Pardon revoked; he serves remaining sentence plus new penalty. E) Pardon revoked; he serves remaining sentence plus new penalty.
A) Punishable only if the law expressly penalizes that conspiracy (e.g., treason, rebellion). B) None – mere agreement is not punishable. C) Proposal is punishable because they bought guns. D) Punishable only if the law expressly penalizes that conspiracy (e.g., treason, rebellion). E) Conspiracy to commit a crime is always punishable.
A) Partly liable B) Yes C) No D) Yes E) No
A) Always punishable if against property. B) Frustrated light felony – punishable. C) Attempted light felony – punishable. D) Light felonies are punishable only when consummated (Art. 7). E) Light felonies are punishable only when consummated (Art. 7).
A) Mitigated by passion or obfuscation (Art. 13[6]). B) Mitigated by passion or obfuscation (Art. 13[6]). C) Completely justified. D) Aggravated by jealousy. E) No effect – crime is murder.
A) Prisión correccional B) Prisión mayor C) Arresto mayor D) Reclusión perpetua E) Prisión mayor
A) Negligent homicide through culpa. B) None – mere omission not punishable. C) Accessory after the fact. D) Negligent homicide through culpa. E) Grave misconduct only.
A) Evasion of service of sentence (Art. 157). B) Contempt of court only. C) NONE D) Evasion of service of sentence (Art. 157). E) Violation of conditional pardon.
A) Partially extinguished B) Yes C) Subject to presidential discretion. D) Yes E) No
A) Civil case continues against estate. B) Both criminal and civil liability based on the offense are extinguished. C) Both criminal and civil liability based on the offense are extinguished. D) Only fine is extinguished. E) Criminal liability extinguished but civil liability subsists.
A) NONE 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) 15 days per month for five years. E) 5 days per month for 2 years + 8 days per month for next 3 years.
A) Accessory only. B) Liable only if he personally pulled the trigger. C) Principal by negligence resulting in homicide. D) NONE E) Principal by negligence resulting in homicide.
A) Neutral – has no effect. B) Illiteracy is mitigating when it shows lack of instruction (Art. 13[10]). C) It aggravates liability because ignorance of law excuses no one. D) Ignorance never excuses. E) Illiteracy is mitigating when it shows lack of instruction (Art. 13[10]).
A) Frustrated homicide. B) Two counts of homicide. C) One complex crime of homicide with homicide. D) One complex crime of homicide with homicide. E) Two separate crimes with separate penalties.
A) Yes B) Yes C) Yes D) Only penalties, not rules of liability, apply. E) No
A) Reoffender B) Quasi-recidivist. C) Habitual delinquent D) Habitual delinquent E) Recidivist.
A) Ordinary recidivism – one aggravating circumstance. B) Penalty increased by one degree (quasi-recidivism). C) Separate offense of evasion of sentence. D) Penalty increased by one degree (quasi-recidivism). E) No effect; same as other prisoners.
A) Principal by inducement for arson with homicide (complex crime). B) Accessory – benefited but did not act. C) Accomplice only. D) Principal by inducement for arson with homicide (complex crime). E) Civilly liable only.
A) Treachery only. B) In a place dedicated to religious worship (Art. 14[5]). C) By taking advantage of public position. D) In a place dedicated to religious worship (Art. 14[5]). E) In uninhabited place and nighttime.
A) No B) Yes C) Partially extinguished by imprisonment. D) Court discretion. E) No
A) Attempted entrapment B) Instigation C) Conspiracy D) Instigation E) Entrapment
A) No B) No C) No D) Yes E) Yes
A) Neutral, since voluntary drunkenness has no effect. B) Extinguishes liability if intoxication severe. C) Aggravating, because intentional. D) Aggravating, because intentional. E) Mitigating, because intoxicated.
A) Attempted homicide. B) Frustrated homicide. C) Impossible crime under Art. 4(2). D) Impossible crime under Art. 4(2). E) None – act harmless.
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.
A) Accessory B) Accomplice C) Accomplice D) Principal by participation. E) Not liable
A) Yes B) No C) No D) Yes E) Yes
A) Attempted murder multiple times. B) One crime — all acts constitute a compound single crime. C) As many as shots fired. D) Several counts of physical injury. E) One crime — all acts constitute a compound single crime.
A) Prisión mayor. B) Reclusión temporal (medium to maximum). C) Prisión correccional. D) Arresto mayor. E) Prisión mayor.
A) Political rights restored only if expressly stated. B) Pardon revives prior conviction. C) Civil liability extinguished automatically. D) Political rights restored only if expressly stated. E) Pardon removes moral stain and record.
A) Convict under general justice. B) Refer to jurisprudence for conviction. C) Impose penalty similar to analogous crimes. D) Dismiss case but report to Chief Executive or Congress. E) Dismiss case but report to Chief Executive or Congress.
A) Yes, because 8 years > 10-year prescriptive period. B) No, because filing of complaint interrupts prescription. C) Yes, because more than 10 years have passed since discovery. D) No, because filing of complaint interrupts prescription. E) No, discovery delays prescription.
A) Only principals and accomplices. B) Principals, accomplices, and accessories jointly and severally, in proportion to participation. 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) Only principals.
A) No B) Yes C) Yes D) No
A) No B) Yes C) Yes D) No
A) No B) Yes C) No D) Yes
A) No B) Yes C) Yes D) Mitigated only. E) No
A) Liable for homicide of Y only. B) Liable for impossible crime. C) Liable for homicide of Y and attempted homicide of X (Art. 4, aberratio ictus). D) Liable only for physical injuries. E) Liable for homicide of Y and attempted homicide of X (Art. 4, aberratio ictus).
A) 3 crimes (one per month). B) 12 crimes of theft. C) Separate felonies per act. D) One continued crime of theft. E) One continued crime of theft.
A) Exempt from criminal liability but confined to mental institution. B) Convicted of homicide but penalty suspended. C) Acquitted and released immediately. D) Conviction with mitigating circumstance. E) Exempt from criminal liability but confined to mental institution.
A) Yes B) No C) Yes
A) Homicide through negligence. B) Exempt – act was purely accidental, without fault or intent. C) Reckless imprudence. D) Mitigated due to sudden illness. E) Exempt – act was purely accidental, without fault or intent.
A) Justifying B) Mitigating C) Exempting D) Aggravating E) Mitigating
A) Homicide against Y; intent transfers (Art. 4). B) Attempted homicide against X. C) Acquittal due to mistake. D) Homicide against Y; intent transfers (Art. 4). E) Impossible crime.
A) Only if nighttime also present. B) Yes C) No D) No E) Yes
A) Amnesty obliterates offense itself; pardon forgives penalty B) Pardon erases guilt entirely. C) Amnesty is personal; pardon is general. D) Amnesty obliterates offense itself; pardon forgives penalty E) Both require acceptance.
A) Yes B) Yes C) Only if evidence was fabricated. D) No E) No
A) Suspend sentence and commit to training institution. B) Suspend sentence and commit to training institution. C) Impose sentence immediately. D) Exempt due to minority. E) Apply full adult penalty.
A) Both jointly liable for ₱100,000. B) One liable for ₱40,000, other ₱60,000. C) Both jointly liable for ₱100,000. D) Each liable for half. E) Liability extinguished by restitution.
A) Neutral factor. B) Aggravating C) Mitigating by analogy to voluntary surrender. D) Mitigating by analogy to voluntary surrender. E) Not mitigating
A) Reclusión temporal. B) Reclusión perpetua. C) Reclusión perpetua. D) Death. E) Prision major.
A) Accident B) Impossible crime. C) Force majeure D) Culpa E) Culpa
A) Frustrated homicide. B) None C) Frustrated homicide. D) Consummated homicide. E) Attempted homicide.
A) Frustrated theft. B) None C) None D) Attempted theft. E) Light felony.
A) Reasonable necessity of means. B) All of the above. C) Lack of provocation. D) Unlawful aggression. E) Unlawful aggression.
A) Penalty for robbery with homicide in maximum period. B) Penalty for robbery with homicide in maximum period. C) Separate penalties for robbery and homicide. D) Only homicide punished. E) Mitigated penalty since homicide incidental.
A) Habitual delinquency. B) Recidivism. C) Quasi-recidivism. D) Neither E) Neither
A) Yes B) Yes C) Yes D) No E) No
A) One degree lower. B) Maximum period. C) Medium period. D) Minimum period. E) Minimum period.
A) One day per ₱8, not exceeding one-third of principal penalty. B) Up to one year. C) One day per ₱8, not exceeding one-third of principal penalty. D) Automatically one month. E) One day per ₱10, max 6 months.
A) 30 years. B) 20 years. C) 40 years D) 50 years. E) 40 years
A) Intentional homicide. B) Praeter intentionem C) Negligent homicide. D) Complex crime. E) Praeter intentionem
A) Accessory. B) Yes C) Yes D) None of the above. E) No
A) Recidivism B) Quasi-recidivism. C) No aggravation due to time gap. D) Recidivism E) Habitual delinquency.
A) NONE OF THESE B) Yes C) No D) Yes E) Yes
A) Use of minor as means (Art. 14[10]). B) Cruelty. C) Nighttime. D) Treachery. E) Use of minor as means (Art. 14[10]).
A) Exemption. B) No effect. C) Mitigated penalty D) Complete justification. E) Complete justification.
A) Cruelty B) Evident premeditation. C) NONE OF THESE D) Abuse of superior strength. E) NONE OF THESE
A) No B) Yes C) Yes D) No E) Yes
A) NONE OF THESE B) Less grave felony. C) Grave felony. D) Less grave felony. E) Light felony.
A) Automatically waived. B) Civil liability subsists only if based on another source. C) NONE OF THESE D) Civil liability remains if act caused damage, even if justified. E) Civil liability remains if act caused damage, even if justified. |