CRIMINAL LAW

(BOOK 1)
MODULE 4
Francisco J. Alcantara Jr.

BS-CRIM 2B

Topic #1: Application of Penalties

Activity:
CASE ANALYSIS. Analyze the following crimes and answer the questions.
Defend your answer.

1. A and B pleaded guilty to the crime of parricide. The court found three
mitigating circumstances, namely, plea of guilty, lack of Instruction and
lack of intent to commit so grave a wrong as that committed. The prescribed
penalty for parricide is reclusion perpetua to death.

Answer: The penalty is reclusion Perpetua. Even if there are two or more mitigating
circumstances, a court cannot lower the penalty by one degree, Where the crime
committed was parricide with the two mitigating circumstances of illiteracy and lack of
intention to commit so grave a wrong, and with no aggravating circumstance, the
Supreme Court held that the proper penalty to be imposed is reclusion Perpetua.

2. During the trial for homicide, the defense was able to prove four generic
mitigating circumstances while the State was able to prove only one
aggravating circumstance. Offsetting the mitigating and aggravating
circumstances, there still remain three mitigating circumstances. So the
judge imposed a penalty lower byone degree than the penalty provided by
law. Did the judge err in imposing a penalty lower by one degree than the
penalty provided by law? State your reasons.
Answer: The judge did not err on the side of imposing a penalty of less than one degree
than the penalty provided by law because if aggravating circumstances were present
without any mitigating circumstances, which anomaly would consist in the punishment
of the crime with the same penalty both when it is more serious and when it is lighter.
the penalty subsequently lower shall be determined without regard to whether the
principal penalty provided by the law shall be applied to its maximum or minimum
period of time may require circumstances to change the liability.

3. Jose is charged with bigamy. The Revised Penal Code prescribes the
penalty of prision mayor for this offense. The information filed against Jose
alleged one aggravating circumstance. Upon being arraigned, he entered
the plea of guilty and invoked the additional mitigating circumstance of
voluntary surrender which the trial fiscal admitted. If you were the judge
trying the case, from what range of the prescribed penalty would you
determine the proper penalty (to constitute the maximum term of an
indeterminate sentence) to be imposed on Jose?

Answer: I would take the maximum term of the indeterminate sentence from the range
of prision mayor in its minimum period. This is so because while there are two ordinary
mitigating circumstances present, one of them is offset by an aggravating
circumstance. Consequently, it is as if the crime is attended by only one ordinary
circumstance and this will result in the imposition of the minimum period of the
penalty prescribed by law. This precludes the reduction of the penalty by one degree
lower inasmuch as the two ordinary mitigating circumstances cannot be considered as a
privileged mitigating circumstance.

4. Rolando was charged with murder. The penalty for murder is reclusion
temporal in its maximum period to death. The trial court convicted
Rolando, but lowered the penalty by one (1) degree because of the
attendance of three (3) ordinary mitigating circumstances and the absence
of any aggravating circumstance. The court then imposed an indeterminate
sentence of 6 years 1day of prision mayor as minimum to 17 years and 1 day
of reclusion temporal as maximum. Is the penalty correct?

Answer: Yes, the penalty is correct, A sentence of a murder is reclusion temporal in its

maximum period to death. The trial court convicted Rolando, but lowered 
the penalty by one degree because of the attendance of three ordinary mitigating
circumstances and the absence of any aggravating circumstance and the
Indeterminate Sentence Law requires the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall be that which, in view of the
attending circumstance could be properly imposed under the rules of the said law.

5. Finding Carlos Torres guilty of ROBBERY as charged, Judge Cruz

nevertheless dismissed the case against him it appearing from the evidence
that Carlos Torres had already been previously convicted in fifteen (15)
other criminal cases and sentenced to a total penalty of 305 years,... his
HONOR ruling that anyway the total penalty which he may be compelled to
serve cannot in any case exceed forty (40) years under the "three-fold rule".
Comment on the legality of the judge’s dismissal of the case.

Answer: The threefold rule is a law on the service of prison sentence which provides
that a prisoner with multiple penalties shall not stay longer than threefold of the most
severe penalty imposed upon him. When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of the penalties so permits; “In the
imposition of penalties, the order of their respective severity shall be followed so that
they may be executed successively and as nearly as possible, should a pardon have been
granted as to the penalty or penalties first imposed, or should they have been served out.

Topic #2: Execution and Service of Penalties

Activity:
Answer the following questions:
1. Imagine that you are a Judge trying a case, and based on the evidence
presented and the applicable law, you have decided on the guilt of two (2)
accused. Indicate the five (5) steps you would follow to determine the exact
penalty to be imposed. Stated differently, what are the factors you must
consider to arrive at the correct penalty?

Answer:
 Determine the penalty.
 The crime committed.
 Determine whether Indeterminate Sentence Law is applicable or not.
 Stage of execution and degree of participation.
 Consider the modifying circumstances.

2. What offenses, if any, may be punished with the death penalty in our
jurisdiction at present? Explain.

Answer: The capital punishment. Beucase It can be imposed for treason, espionage,

murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court
officer in certain cases in our jurisdiction at the present. But this no more effective than
imprisonment in deterring murder and that it may even be an incitement to criminal
violence. Death-penalty states as a group do not have lower rates of criminal homicide
than non-death-penalty states.
3. What offenses, if any, may be punished with destierro in our jurisdiction
at present? Explain.

Answer: The arresto mayor, Because in our jurisdiction at present the penalty for the
attempted crime is two degrees lower, which is destierro in its minimum and medium
periods. That means that the culprit shall be banished from his present residence (not
imprisoned) for a period of not less than 6 months and 1 day and not more than 4 years
and 2 months.

Topic #3: Extinction of Criminal Liability

Activity:
A. Answer the following questions:

1. What happens when the last day of the prescriptive period of a crime falls
on a Sunday or legal holiday?

Answer: The information can no longer be filed on the next days as the crime has
already prescribed. According to Act No. 3326 is not applicable where the special law
provides for its own prescriptive period.

2. What happens to the prescription of penalty in cases where our

government has extradition treaty with another country but the crime is not
included in the treaty?

Answer: Extradition treaties can be bilateral or multilateral, though until recently the
other country showed little interest in negotiating multilateral agreements dealing with
extradition. Those authorities shall take their decision and conduct their proceedings in
the same manner as in the case of any other offence of a grave nature under the
domestic law of that State Party. The States Parties concerned shall cooperate with each
other, in particular on procedural and evidentiary aspects, to ensure the efficiency of
such prosecution.
3. What is the effect of the acceptance of the convict of a conditional pardon
to the prescription of his penalty?

Answer: The effect of accepting the conviction of a conditional pardon it removed the
penalties and disabilities, and restored him to all his civil rights; It makes him, like this
is, a new person, and gives him a new credit and ability so that in the eye of the law the
offender is as innocent as if he had not committed the offense.

4. What happens to the prescription of penalty if the culprit is captured but

he evades again the service of his sentence?

Answer: As a necessary consequence, prescription never commenced to run in his

favor. Simply put, the offender can still be arrested to serve his sentence.

5. If an offender was convicted for rebellion and he qualified for amnesty,

and so he was given an amnesty, then years later he rebelled again and
convicted, is he a recidivist?

Answer: No. Because the amnesty granted to him erased not only the conviction but
also the effects of the conviction itselt.

B. Research on the following topics:

1. A Philippine criminal case where convict was granted absolute pardon

 Answer: A U.S. Marine Lance Cpl. Joseph Scott Pemberton who was convicted of
killing a transgender woman Jennifer Laude in the Philippines was released and
deported from the country Sunday after being pardoned by President Rodrigo Duterte.
Pemberton met Laude at a bar in Olongapo City, north of Manila, in October 2014 after
the Marines arrived for joint military exercises. She was later found dead in a motel
room, her head over the toilet. Local media reported that Pemberton, then
19, admitted to choking Laude, 26, after discovering she was transgender. He claimed he
acted in self-defense, but police determined his actions were a hate crime. He was
charged with murder and convicted of homicide in 2015. the government did not know
what "factors" would contribute to the equation that would arrive at the reasonable
conclusion that these things happen and should be there in computing.

2. A Philippine criminal case where convict/s granted amnesty

Answer: Petitioners Norberto Jimenez and Loreto Barrioquinto were charged with
the crime of murder. As the latter had not yet been arrested the case proceeded against
the former, and after trial Court of First Instance of Zamboanga sentenced Jimenez to
life imprisonment. Before the period for perfecting an appeal had expired, the defendant
Jimenez became aware of the Proclamation No. 8, dated September 7, 1946, which
grants amnesty in favor of all persons who may be charged with an act penalized under
the Revised Penal Code in furtherance of the resistance to the enemy or against persons
aiding in the war efforts of the enemy, and committed during the period from December
8, 1941, to the date when particular area of the Philippines where the offense was
actually committed was liberated from enemy control and occupation, and said Jimenez
decided to submit his case to the Guerrilla Amnesty Commission presided by the
respondents herein, and the other petitioner Loreto Barrioquinto, who had then been
already apprehended, did the same.

3. The GCTA Law Controversy

Answer: The Good Conduct Time Allowance (GCTA) controversy started in August

2019 involving the employees of Bureau of Corrections (BuCor). The aftermath of
release of convicts through GCTA subsequently led to investigation regarding the GCTA
and to the BuCor personnel involved in the controversy.

4. CIDG Arrest of Senator Trillanes

Answer: The Criminal Investigation and Detection Group (CIDG) of the Philippine

National Police (PNP) will continue to stay inside the Senate compound to ensure the
"legal" arrest of Senator Antonio Trillanes IV As of posting, the CIDG operatives are still
at the Senate compound in Pasay City. They had arrived there on Tuesday morning,
September 4, armed only with President Rodrigo Duterte's Proclamation No. 572 which
revoked Trillanes' amnesty and ordered his arrest.

FINAL EXAMINATION

FINAL EXAMINATION

1. Under this, crimes are not triable in that country unless they merely affect things within the
vessel or they refer to the internal management thereof.
a. French rule
b. English rule
c. Law of preferential application
d. Spanish rule
Answer: B
2. It refers to inaction, by which a person may be considered criminally liable when the law
requires the performance of a certain act, e.g. failure to assist one’s own victim.
a. Act
b. Intent
c. Fraud
d. Omission
Answer: D
3. It indicates a deficiency of action.
a. Negligence
b. Imprudence
c. Lack of skill
d. Lack of foresight Answer: B
4. It refers to deficiency of perception.
a. Negligence
b. Imprudence
c. Lack of skill
d. Lack of foresight
Answer: A
5. For an act to be considered to be done with Malice or dolo, which among the following must
be present?
a. Freedom
b. Intelligence
c. Intent
d. All of the following
Answer: D
6. Refers to that cause which in natural is a continuous sequence, unbroken by any efficient
superseding ground, produces the injury and without which the result would not have occurred.
a. Proximate cause
b. Intervening cause
c. Overt acts
d. Active force
Answer: C
7. It is the portion of the acts constituting the felony, starting from the point where the offender
begins the commission of the crime to the point where he has control over his acts.
a. Objective phase
b. Subjective phase
c. Overt acts
d. Attempted felony
Answer: B
8. Generally they are punishable only when they have been consummated, with the exemption of
those crimes committed against persons or property.
a. Light felonies
b. Less grave felonies
c. Grave felonies
d. All of the following
Answer: C
9. Self-defense or one’s natural instinct to repel, protect and save his person or right from
impending peril or danger is an example of what circumstance which affects criminal liability?
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating

Answer: A

10. An inflicted slight physical injuries to B without intention to inflict other injuries, B then
attacked A is an example of?

a. Self-defense
b. Intervening case
c. Retaliation
d. Proximate cause Answer: C
11. The basis of this circumstance affecting criminal liability is the complete absence of freedom
of action, intelligence, intent or negligence on the part of the accused.
a. Justifying
b. Exempting
c. Aggravating
d. Mitigating
Answer: B
12. Under our laws, what is the age of full responsibility?
a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age (adolescence to maturity)
d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70 years of age
Answer: C
13. Age of absolute irresponsibility.
a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age (adolescence to maturity)
d. Over 9 under 15 acting with discernment, 15 or over but less than 18; over 70 years of age
Answer: B
14. Which among the following may be considered as an alternative circumstance?
a. Relationship
b. Intoxication
c. Degree of instruction and education of the offender
d. All of the foregoing
Answer: D
15. X and Y stabbed Z, injuring Z in the process, X and Y are considered as?
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co-principals
Answer: D
16. Boy forcibly took Maria to a vacant lot and allow his friends Lando and Tinoy to rape Maria.
Boy is liable as?
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co-principals
Answer: C
17. It refers to those penalties expressly imposed by the court in the judgment of conviction.
a. Principal penalties
b. Accessory penalties
c. Subsidiary penalties
d. Fine
Answer: A
18. In the crime of theft, the culprit is duty-bound to return the stolen property.
a. Restitution
b. Reparation
c. Indemnification for consequential damages
d. Civil liability
Answer: A
19. Crimes punishable by correctional penalties, except those punishable by arresto mayor shall
prescribe in how many years?
a. 20 years
b. 15 years
c. 10 years
d. 5 years
Answer: D
20. It includes rivers, creeks, bays, gulfs, lakes, straits, coves lying wholly within the three mile
limit of any nation.
a. Maritime zone
b. Interior waters
c. Low water marks
d. High seas

Answer: B

21. It makes criminal an act done before the passage of the law which was innocent when done,
and punishes it.

a. Ex post facto law

b. Bill of attainder
c. Law on preferential application
d. Self-repealing laws
Answer: A
22. Refers to one of three equal portions, called minimum, medium and maximum of a divisible
penalty.
a. Degree
b. Period
c. Prescription
d. Duration
Answer: B
23. Which among the foregoing is considered as the primary source of criminal law?
a. Act No. 3815
b. Special Penal Laws
c. Penal Presidential Decrees
d. Constitution
Answer: A
24. Those punishable by arresto mayor penalties shall prescribe in how many years?
a. 20 years
b. 5 years
c. 10 years
d. 15 years
Answer: C
25. It is the forfeiture of the right of the state to execute the final sentence after certain lapse of
time.
a. Prescription of the crime
b. Prescription of the penalty
c. Degree of the penalty
d. Period of the penalty
Answer: B
26. It is that branch or division of law which defines crimes treats of their nature, and provide
for their punishment.
a. Civil law
b. Criminal law
c. Procedural law
d. Substantive law
Answer: B
27. Refers to a sentence of imprisonment for the maximum period defined by law to the
termination by the parole board at any time after service of the sentence.
a. Suspension
b. Intermediate sentence
c. Prescription
d. Period of penalty
Answer: B
28. Refers to the purpose to use a particular means to effect such result.
a. Intent
b. Motive
c. Deceit
d. Fault
Answer: A
29. John commences with the execution of a felony but fails to perform all acts which should
produce it, the development or stage refers to:
a. Consummated
b. Attempted
c. Frustrated
d. Negligence
Answer: C
30. Any bodily movement that tends to produce some effect in the external world.
a. Act
b. Omission
c. Dolo
d. Culpa
Answer: A
31. Libel and other similar offenses shall prescribe in how many years?
a. 15 years
b. 10 years
c. 5 years
d. 1 year

Answer: D

32. An entire penalty enumerated in the graduated scale of penalties.

a. Degree
b. Period
c. Prescription
d. Duration
Answer: D
33. Refers generally to acts made criminal by special laws.
a. Felony
b. Mala ince
c. Mala prohibita
d. Mala prohibita
Answer:C/D
34. Under RA 7659, the death penalty may be suspended when the accused is among the
foregoing except:
a. A woman while pregnant
b. Persons over 70 years old
c. Woman after one year after delivery
d. Persons over 18 but under 21 years of age
Answer: B
35. Which among the foregoing is not a requisite for dolo?
a. Intelligence
b. Freedom
c. Intent
d. Deceit
Answer: D
36. Refers to the loss of the right of the state to prosecute the offender after a certain lapse of
time.
a. Prescription of the crime
b. Prescription of penalty
c. Degree of the penalty
d. Period of the penalty
Answer: A
37. Things which are wrongful in their nature.
a. Evil
b. Mala ince
c. Mala inse
d. Mala prohibita
Answer: A
38. Felonies punishable by death, reclusion perpetua and reclusion temporal shall prescribe in:
a. 20 years
b. 15 years
c. 10 years
d. 5 years
Answer: A
39. Acts and omissions punishable by law.
a. Dolo
b. Culpa
c. Felonies
d. Crime
Answer: A
40. Ariel intended to kill Jiggs to avenged lost honor stabbed the latter three times in the chest,
however due to prompt medical attention Jiggs was able to survive the attack, Ariel is liable for:
a. Physical Injuries
b. Attempted Homicide
c. Frustrated Homicide
d. Frustrated Murder
Answer: D
41. When all the elements necessary for the execution and accomplishment of a felony are
present it is said to be:
a. Consummated
b. Attempted
c. Frustrated
d. Negligence
Answer: A
42. It is a physical activity or deed, indicating the intention to commit a particular crime.
a. Act
b. Omission
c. Fault
d. Overt act

Answer: D

43. Abberatio ictus refers to:

a. Mistake of the facts
b. Mistake in the identity
c. Mistake in the blow
d. Ignorance of the law
Answer: C
44. What must be considered in determining whether the crime committed is only attempted,
frustrated or consummated?
a. Nature of the offense
b. Elements constituting the felony
c. Manner of commission
d. All of these
Answer: A
45. Refers to crimes consummated in one instant or by a single act.
a. Formal crimes
b. Informal crimes
c. Rational crimes
d. Irrational crimes
Answer: A
46. Refers to the obligation or suffering the consequences of crime.
a. Imputability
b. Culpability
c. Liability
d. Responsibility
Answer: D
47. A quality in which an act may be ascribed to a person as the author or owner.
a. Imputability
b. Culpability
c. Liability
d. Responsibility
Answer: A
48. Refers to felonies which the law imposes penalties which are correctional in nature.
a. Grave
b. Less grave
c. Light
d. Slight
Answer: B
49. When the law attaches capital punishment or afflictive penalties the felony is said to be?
a. Grave
b. Less grave
c. Light
d. Slight
Answer: A
50. Infractions to the law punishable by arresto menor or a fine not exceeding 200 pesos or
both.
a. Grave
b. Less grave
c. Light
d. Slight
Answer: C
51. Light felonies are made punishable only when they are:
a. Consummated
b. Attempted
c. Frustrated
d. Intended
Answer: A
52. Exemption to the general rule in cases of light felonies.
a. When committed against persons
b. When committed against chastity
c. When committed against honor
d. When committed against liberty
Answer: A
53. It exist when two or more persons come to an agreement to commit a felony
a. Plan
b. Conspiracy
c. Piracy
d. Proposal

Answer: D

54. What occurs when a person who has decided to commit a felony recommends its execution
to some other person?
a. Conspiracy
b. Piracy
c. Proposal
d. None of the above
Answer: A
55. Acts of a person which are said to be in accordance with the law, so that such person is
deemed not to have transgressed the law and is free from both criminal and civil liability except
for the state of necessity.
a. Justifying circumstances
b. Mitigating circumstances
c. Exempting circumstances
d. Aggravating circumstances
Answer: A
56. Equivalent to assault or at least threatened assault of an immediate nature.
a. Intent
b. Culpa
c. Dolo
d. Unlawful aggression
Answer: D
57. The following are the requisite for self-defense, except:
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it
c. Lack of sufficient provocation on the part of the person defending himself
d. Lack of intent on the part of the person defending himself
Answer: A
58. What crime exists when a single act constitutes two or more grave or less grave felonies?
a. Complex
b. Continuing
c. Composite
d. Compound
Answer: A
59. Who among the following are not exempted form criminal liability?
a. Children under 9 years of age
b. Insane persons
c. Children over 9 under 15 years of age acting with discernment
d. Imbecile persons
Answer: B
60. Refers to desired acts of a person to commit a crime.
a. Motive
b. Intent
c. Fault
d. Deceit
Answer: A
61. Those circumstances which if attendant of the commission of the crime would serve to lower
the penalty to a lesser degree.
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating
Answer: D
62. BONUS
63. BONUS
64. BONUS
65. BONUS
66. BONUS
67. BONUS
68. BONUS
69. BONUS
70. BONUS
71. BONUS
72. BONUS
73. Any person who shall commit a felony while serving his sentence with a previous conviction
is classified as a:
a. Recidivist
b. Delinquent
c. Habitual delinquent
d. Quasi-recidivist Answer: C
74. Which among the following is not among the requisites of evident premeditation?
a. Sufficient lapse of time
b. Time when the offender decided to commit the felony
c. Act indicating the has clung to his determination
d. Deliberate intent
Answer: D
75. It involves trickery and cunning on the part of the offender.
a. Craft
b. Deceit
c. Fault
d. Intent
Answer: A
76. Gloria lends Nany a bolo which was used in the murder of Mike is liable as an:
a. Principal
b. Accessory
c. Accomplice
d. Conspirator
Answer:A
77. Persons who aide the felons to hide away evidences or profit from the fruits of the crime are
said to be:
a. Principal
b. Accessories
c. Accomplice
d. Conspirators
Answer: A
78. The following are exempt from criminal liability as accessories in cases that the principal
should be the foregoing relatives except:
a. Spouse
b. Ascendants
c. Descendants
d. Cousins
Answer:D
79. Capital punishment or maximum penalty imposed by law.
a. Reclusion perpetua
b. Reclusion temporal
c. Arresto mayor
d. Death by lethal injection
Answer: A
80. Refers to aleviosa, or means and methods employed to insure its execution.
a. Craft
b. Deceit
c. Intent
d. Treachery
Answer: A
81. It pertains to moral order, adding disgrace to the material injury caused by the crime.
a. Craft
b. Treachery
c. Ignominy
d. Evident premeditation Answer: C
82. The following circumstances are always mitigated in terms of alternative circumstances,
except:
a. Low degree of education
b. Intoxication wherein the drunk person has not intended it or not a habitual drunkard
c. Relationship in crimes against property
d. Relationship in crimes against persons
Answer: D
83. Poly stabbing Army is considered as a:
a. Principal
b. Accessory
c. Accomplice
d. Instigator
Answer: A
84. Emil persuades Jude to steal from his boss is a principal by:
a. Direct participation
b. Induction
c. Indispensable cooperation
d. Instigator

Answer: A

85. Which in the following enumeration is an example of an afflictive penalty?

a. Fine
b. Arresto mayor
c. Distierro
d. Prision mayor
Answer: D
86. What would be the nature of action for a person over nine years of age and under fifteen to
incur criminal liability?
a. Act with discernment
b. Show malice
c. Show criminal intent
d. Act negligently
Answer: A
87. It shall serve to deprive the offender rights of parental authority or guardianship.
a. Subsidiary penalty
b. Penalty
c. Suspension
d. Civil interdiction
Answer:A
88. Personal liability to be suffered by the convict who has no property to meet the fine.
a. Subsidiary penalty
b. Distierro
c. Suspension
d. Civil interdiction
Answer: A
89. A form of protection rather than a penalty in cases of Art. 247 of the RPC.
a. Subsidiary penalties
b. Distierro
c. Suspension
d. Civil interdiction Answer:B
90. The moving power which impels one to action for a definite result.
a. Intent
b. Motive
c. Deceit
d. Fault
Answer: B
91. It refers to an act committed or omitted in violation of a public law forbidding or
commanding it.
a. Dolo
b. Culpa
c. Felony
d. Crime
Answer: D
92. In cases wherein the commission of an offense is necessary in the commission of another it
is said that the crime is:
a. Formal crime
b. Informal crime
c. Compound crime
d. Complex crime
Answer: A
93. When did Act no. 3815 take effect?
a. January 1, 1931
b. January 1, 1932
c. January 1, 1933
d. January 1, 1934
Answer: B
94. Ignorantia Facti Excusat means:
a. Ignorance of the law
b. Mistake of facts
c. Mistake of the blow
d. Mistake in identity
Answer: B
95. Under this rule, crimes are not triable in the courts of that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered.
a. French Rule
b. American Rule
c. Spanish Rule
d. English Rule

Answer: A

96. Failure to perform a positive duty which one is bound to do:

a. Act
b. Omission
c. Dolo
d. Culpa
Answer: A
97. Light offenses prescribe in:
a. 12 months
b. 6 months
c. 4 months
d. 2 months
Answer: D
98. The foregoing persons exempt from the operation of criminal law by virtue of the principles
of public international law, except:
a. Heads of state
b. Ambassadors
c. Consul
d. Charges d’ affaires
Answer: C
99. It is a characteristic of criminal law stating that the law is binding on all persons who live
and sojourn in Philippine territory.
a. General
b. Territorial
c. Retrospective
d. Universal
Answer: A
100. It refers to a legislative act which inflicts punishment without a trial.
a. Ex post facto law
b. Bili of attainder
c. Law on preferential application
d. Self-repeating law

Answer: B