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