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