Final Exam Criminal Law Book 1

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The document discusses different criminal law concepts such as theories of punishment, stages of execution of crimes, types of crimes and circumstances.

The four main theories of punishment discussed are the theory of prevention, theory of reformation, theory of exemplarity, and theory of justice.

The three stages of execution of a crime are the attempted stage, the frustrated stage, and the consummated stage.

Franciscan College of Immaculate Conception Incorporated

Andres Bonifacio Street


Baybay City, Leyte
Final Examination in Criminal Law Book 1

Name: ____________________________ Course: _________ Score: ____


Instructor: ATTY. REX L. FLORES, RN, JD Time: _____________________

GENERAL INSTRUCTIONS: Select the correct answer for each of the following
questions. Read every instruction of every part of the tests. GOD BLESS!! STRICTLY
NO ERASURES ALLOWED. ANY FORMS OF CHEATING IS STRICTLY
PROHIBITED AND BE DEALT WITH CORRESPONDING PENALTY
PROVIDED UNDER THE LAW!

TEST I. REMEMBERING

Instructions: Read, Analyze and Answer the following Items given and write the
correct answer on the space provided. Write Legibly, Erasures and/or super
impositions are strictly prohibited. Chose the Best answer.

1. ____________________ is a Theory justifying penalty, that crime must be


punished by the state as an act of retributive justice, a vindication of absolute
right and moral law violated by the criminal.
A. Theory of Prevention
B. Theory of Reformation
C. Theory of Exemplarity
D. Theory of justice

2. __________________ are persons who do not act as principals but cooperate


in the execution of the offense by previous and simultaneous acts, which are not
indispensable to the commission of the crime.
A. Principal C. Accessory
B. Accomplice D. None of the Above

3. ___________________ is a branch of public substantive law which defines


crimes, treats of their nature, and provides for their punishment.

A. Felony C. Crime
B. Criminal Law D. Penalty

4. ____________ characteristic of law refers that the penal law of the country is
binding on all persons who live or sojourn in Philippine territory, subject to
principle of public international law and to treaty stipulations.

A. Felony C. Generality
B. Territoriality D. Crime

5. ______________ is a Theory of justifying penalty to prevent or suppress the


danger to the state arising from the criminal act of the offender.
A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity

6. ________________ is an act or omission which is a result of a


misapprehension of facts that is voluntary but not intentional.
A. Impossible Crime C. Accidental Crime
B. Mistake of facts D. Complex Crime

7. ________________ is an act which would be an offense against persons or


property if it was not for the inherent impossibility of its accomplishment.

A. Compound Crime C. Complex Crime


B. Impossible Crime D. Accidental

8. ________________ is the right of the accused is founded on the principle of


justice and is intended not to protect the guilty but to prevent as far as human
agencies can the conviction of an innocent person.

A. right to due process of law C. presumption of innocence


B. right to remain silent D. right against self-incrimination

9. _________________ are circumstances wherein there is an absence in the


agent of the crime any of all the conditions that would make an act voluntary and
hence, though there is no criminal liability there is civil liability.

A. Exempting C. Justifying
B. Alternative D. Aggravating

10. One, who at the time of his trial for one crime shall have been previously
convicted by final judgment of another crime embraced in the same title of the
Revised Penal Code.

A. Recidivism C. Reiteration
B. Habitual delinquency D. Quasi-recidivism

11. __________________ means that the resulting injury is greater than


that which is intended.

A. Aberratio ictus C. Dura Lex Sed Lex


B. Error in personae D. Praeter Intentionem

12. __________________ means mistake in a blow.

A. Aberratio ictus C. Dura Lex Sed Lex


B. Error in personae D. Praeter Intentionem
13. _________________ stage of execution when all the elements necessary for
its execution and accomplishment are present.

A. Attempted C. Consummated
B. Frustrated D. Accomplished

14. ____________________ are Crimes that have three stages of execution.

A. Material C. Seasonal
B. Formal D. Continuing

15. ________________ is a felony where the acts or omissions of the offender are
malicious.

A. Culpable C. Deliberate
B. Intentional D. Inculpable
TEST II. UNDERSTANDING
Instructions: Choose the best correct answer and write your answer on the answer sheet
provided.

1. One of the following person is not immune from Philippine criminal law.

A. Sovereigns and other chief of state


        B. Ambassador
        C. Consuls
        D. Charges d' Affaires

2. One of the following is not an exception to the territorial principle of criminal


law.

A. Offenses committed while on Philippine ship or airship.


B. Forging or counterfeiting any coin or currency note of the Philippines or
the obligations and securities issued by the government.
C. Crimes committed against national security and the law of nations.
D. Crimes committed against public order.

3. This classification of felony has the following requisites: freedom, intelligence,


negligence, and imprudence.

A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above

4. Which of the following is not a characteristic of an offense in mala in se?

A. Moral trait of offender is considered.


B. Good Faith is a defense.
C. Mitigating and aggravating circumstances taken into account in imposing
penalty.
D. Degree of participation when there is more than one offender is generally
not taken into account.

5. Which of the following is not a requisite of an impossible crime?

A. Act would have been an offense against persons or property.


B. Accomplishment is inherently impossible or inadequate or ineffectual or
ineffectual means are employed.
C. Act is not an actual violation of another provision of the RPC or of special
law.
D. There was no criminal intent

6. The willful and corrupt assertion of falsehood under oath of affirmation,


administered by authority of law on a material matter.

A. Libel
B. Falsification
C. Perjury
D. Slander

7. The failure to perform a positive duty which one is bound to.


A. Negligence
B. Imprudence
C. Omission
D. Act

8. An act or omission which is a result of a misapprehension of facts that is


voluntary but not intentional.

A. Impossible crime
B. Mistake of facts
C. Accidental Crime
D. Complex Crime

9. Ignorance of the law excuses no one from compliance therewith.

A. Ignorantia Legis Non Excusat


B. Parens Patriae
C. Res Ipsa Loquitor
D. Dura Lex Sed Lex

10. An act which would be an offense against persons or property if it was not
for the inherent impossibility of its accomplishment.

A. Compound Crime
B. Impossible Crime
C. Complex Crime
D. Accidental Crime

TEST III. APPLYING


INSTRUCTION: Choose the best correct answer and write your answer on the answer
sheet provided. CHEATING IS STRICTLY PROHIBITED!

1. A person if within a period of 10 years from the date of his release or last
conviction of the crime of serious or less serious physical injuries, robbery, theft,
estafa or falsification, he is found guilty of any of the said crimes a third time or
oftener.
   
A. Recidivist
B. Quasi-Recidivist
C. Habitual Delinquent
D. Hardened Criminal

2. The improper performance of some act which might lawfully be done.  

A. Misfeasance
B. Malfeasance
C. Nonfeasance
D. Dereliction

3. In its general sense, it is the raising of commotions or disturbances in the State.


A. Sedition
B. Rebellion
C. Treason
D. Coup d’etat

4. An act or omission which is the result of a misapprehension of facts that is


voluntary but not intentional.

A. Absolutory Cause
B. Mistake of facts
C. Conspiracy
D. Felony
5. These Felonies are committed by means of fault.

A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above

6. Purpose to use a particular means to effect a result.

A. Motive
B. Intent
C. Purpose
D. None of the Above

7. Age of absolute irresponsibility in the commission of a crime .

A. 15-18 years old


B. 18-70 years old
C. 9 years old and below
D. Between 9 and 15 years old

8. Those who, not being principals cooperate in the execution of the offense by
previous or simultaneous acts.

A. Accomplices
B. Suspects
C. Principal Actors
D. Accessories
   
9. Infractions of mere rules of convenience designed to secure a more orderly
regulation of the affairs of the society.

A. Mala Prohibita
B. Mala in se
C. Private Crimes
D. Public Crimes
.
10. One of the following is an alternative circumstance.

A. Insanity
B. Intoxication
C. Passion or Obfuscation
D. Evident Premeditation

TEST IV. ANALYZING


INSTRUCTION: Choose the best correct answer and write your answer on the answer
sheet provided. CHEATING IS STRICTLY PROHIBITED!

1. The period of prescription of crimes punishable by death.


A. 20 years
B. 15 years
C. 10 years
D. 40 years

2. Persons who take direct part in the execution of a crime.


A. Accomplice
B. Accessory
C. Instigators
D. Principals

3. The improper performance of some act which might lawfully be done


A. Misfeance
B. Malfeance
C. Nonfeance
D. Dereliction

4. A special aggravating circumstance where a person, after having been convicted


by final judgment, shall commit a new felony before beginning to serve such
sentence, or while serving the same.
A. Quasi-recidivism
B. Residivism
C. Reiteration
D. Charivari

5. A breach of allegiance to a government, committed by a person who owes


allegiance to it.
A. Treason
B. Espionage
C. Rebellion
D. Coup d’ tat

6. The mental capacity to understand the difference between right and wrong.
A. Treachery C. Recidivism
B. Premeditation D. Discernment

7. Conspiracy to commit this felony is punishable under the law.


A. Estafa C. Rebellion
B. Murder D. Rape

8. It indicates deficiency of perception.


A. Negligence C. Imprudence
B. Diligence D. Inference

9. Acts and omissions punishable by special penal laws.


A. Offenses C. Felonies
B. Misdemeanors D. Ordinances

10. A legislative act which inflicts punishment without judicial trial.


A. Bill of Attainder C. Ex Post Facto Law
B. Bill of Rights D. Penal Law

11. Placing a weapon in the hand of the dead who was unlawfully killed to plant
evidence or burying the deceased who was killed by the mastermind. This is an
example of:
A. Principal C. Accessory
C. Accomplice D. None of the Above

12.Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend
without threat, force or intimidation. What was the crime committed? 
A. Child Rape C. Statutory Rape
B. Qualified Rape D. None of the above

13.Which of the following is not an Ex Post Facto Law?


A. Law which makes criminal an act done before the passage of the law and
which was innocent when done.
B. A Law which aggravates a crime or makes it greater than iit was when
committed.
C. A Law which changes the punishment and inflicts a greater punishment than
the law annexed to the crime when committed.
D. None of the above

14.This Aggravating Circumstance is present when the culprit enjoys and delights in
making his victim suffer slowly and gradually, causing unnecessary physical pain
in the consummation of the criminal act.

A. Ignomity
B. Cruelty
C. Obscurity
D. Disfraz

15.When the offender commits any of the crimes against the person, employing
means, methods or forms in the execution thereof which tend directly and
specially to insure its execution without risk to himself arising from the defense
which the offended party might make.
A. Evident Premeditation
B. Astucia
C. Distraz
D. Treachery

-------------- GOD BLESS !!! -----------


ANSWER KEY
1. D
2. B
3. B
4. C
5. A
6. B
7. B
8. C
9. A
10. A
11. D
12. A
13. C
14. A
15. B
II.
1. C
2. D
3. A
4. D
5. D
6. C
7. C
8. B
9. A
10. B
III
1. C
2. B
3. A
4. B
5. A
6. B
7. C
8. A
9. A
10. B
IV
1. A
2. D
3. B
4. A
5. A
6. D
7. C
8. A
9. A
10. A
11. C
12. C
13. D
14. B
15. D

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