ANTIPOLO CAMPUS

COLLEGE OF CRIMINOLOGY
S.Y. 2023-2024
1st Semester

Final EXAM
(CLJ 3) CRIMINAL LAW I

NAME: ____________________________ SCORE: __________________

SECTION/YEAR: _____________________ DATE:___________________

General Instructions;

1. Examinations are classified into (3) categories

2. Covers are to one hundred (100) points

3. If the Instructor detects any form of cheating, your exam will be automatically void

4. Any alterations and erasures are deducted from the final score and considered cheating

5. Use Black ball pen only

I. Instructions: TRUE or FALSE Determine whether each statement is true or false. write true if
the statement is correct, write false if the statement is not correct your answer put on the space
provided.

1. __________Error in personae the intended victim was not at the scene of the crime. It was the
actual victim upon whom the blow was directed, but he was not really the intended victim.

2. __________ stabbing a person without knowing that he is already dead is an impossible crime
Intod v. Court of Appeals, G.R. No. 103119, October 21, 1992.

3. __________ the defense of insanity is in the nature of a confession or avoidance because an

accused invoking it admits to have committed the crime but claims that he should not be criminally
liable therefor because of insanity, which is an exempting circumstance.

4. __________ unlawful aggression means an attack with physical force or with a weapon, an offensive
act that positively determines the intent of the aggressor to cause the injury is valid claim for self-defense.

5. __________ penal Laws shall have a retroactive effect insofar as they favor the persons guilty
of a felony, who is not a habitual criminal.

6. __________ any person shall be held to answer for a criminal offense and the due process of
law is optional.

7. __________a bill of attainder is a executive act which inflicts punishment without trial

8. __________ light felonies are punishable only when they have been consummated, with the
exception of those committed against person or property.
 9. __________Desistance is true only in the frustrated stage of the felony.

10. __________penalty for complex crimes when a single act constitutes two or more grave or
less grave felonies, or when an offense is a necessary means for committing the other, the penalty for
the most serious crime shall be imposed, the same to be applied in its maximum period.

11. __________ habitual delinquency Convicted of the first offense the crimes serious or less
serious physical injuries, theft, robbery, estafa, or falsification.

12. __________ Recidivism is Convicted of the first offense and second offense is committed
after conviction before service the sentence or while serving sentence.

13. __________ Quasi-Recidivism they had final judgment rendered in the first offense.

14. __________ treachery refers to the employment of means, method and form in the
commission of the crime which tend directly and specially to insure its execution without risk to
himself arising from the defense which the offended party might make.

15. __________ A child fifteen (15) years of age or under at the time of the commission of the
offense shall be exempt from criminal liability.

II. Multiple Choice (10 items)

Instruction: ensure read carefully encircle the correct answer.
.
1. A crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is
called.

A. dolo.
B. culpa.
C. tortious crimes.
D. quasi delict.

2. A child in conflict with the law shall enjoy all the rights of a child until.

A. he is found to have acted with discernment.

B. his minority is setoff by some aggravating circumstance.
C. he is proved to be 18 years or older.
D. he forfeits such rights by gross misconduct and immorality.

3. When all the elements necessary for its execution and accomplishment are present; the felony
is produced.

A. Frustrated
B. Consummated
C. Attempted
D. All of the above
 4. Who are criminally liable, when having knowledge of the commission of the crime, without
having principally participated therein, takes part subsequent to the commission, either in profiting by
the effects of the crime or by concealing or destroying the body of the crime.

A. Accessories
B. Accomplices
C. Principal
D. All of the above

5. Those who take a direct part in the execution of the act.

A. Accessories
B. Principal by inducement
C. Principal by direct participation
D. All of the above

6. Under which of the following circumstances is an accused not liable for the result not
intended?

A. Accused is not criminally liable for the result not intended when there is mistake in the
identity of the victim.
B. Accused is not criminally liable for the result not intended when there is mistake in the
blow.
c. Accused is not criminally liable for the result not intended when the wrongful act is not the
proximate cause of the resulting injury.
D. Accused is not criminally liable for the result not intended when there is mistake of fact
constituting an involuntary act.

7. Can there be a frustrated impossible crime?

A. Yes. When the crime is not produced by reason of the inherent impossibility of its
accomplishment, it is a frustrated impossible crime.
B. No. There can be no frustrated impossible crime because the means employed to
accomplish the crime is inadequate or ineffectual.
C. Yes. There can be a frustrated impossible crime when the act performed would be an
offense against persons.
D. No. There can be no frustrated impossible because the offender has already performed
the acts for the execution of the crime.

8. Who among the following convicts are not entitled to the benefits of the indeterminate
Sentence Law?

A. Those who are recidivists.

B. Those whose maximum term of imprisonment exceeds one (1)
year.
C. Those convicted of inciting to sedition.
D. Those convicted of misprision of treason.
 9. Proposal to commit felony is punishable only in cases in which the law specifically
provides a penalty therefor. Under which of the following instances are proponents NOT liable?

A. Proposal to commit sedition

B. Proposal to commit coup d'etat.
C. Proposal to commit treason.
D. Proposal to commit rebellion.

10. When are light felonies punishable?

A. Light felonies are punishable in all stages of execution.

B. Light felonies are punishable only when consummated.
C. Light felonies are punishable only when consummated, with the exception of those
committed against persons or property.
D. Light felonies are punishable only when committed against persons or property.

III. Essay (10 points each) Instructions: Answer the question below, with legal basis personal
opinion has no merit.

Q-1
Chris Brown was convicted of a complex crime of direct assault with homicide aggravated by the
commission of the crime in a place where public authorities are engaged in the discharge of their
duties. The penalty for homicide is reclusion temporal. On the other hand, the penalty for direct
assault is prision correccional in its medium and maximum periods. What is the correct
indeterminate penalty?
Q-2
A, B and C, all seventeen (17) years of age, waited for nighttime to avoid detection and to facilitate
the implementation of their plan to rob G. They entered the room of G through a window. Upon
instruction of A, G opened her vault while B was poking a knife at her. Acting as lookout, C had
already opened the main door of the house when the helper was awakened by the pleading of G to
A and B to just take the money from the vault without harming her. When the helper shouted for
help upon seeing G with A and B inside the room, B stabbed G and ran towards the door, leaving
the house with C. A also left the house after taking the money of G from the vault. G was brought
to the hospital where she died as a result of the wound inflicted by B. Under the given facts, are A,
B and C exempt from criminal liability? If not, what is the proper charge against them or any of
them?
Q-3
A foreigner residing in Hong Kong counterfeits a twenty-peso bill issued by the Philippine
Government. May the foreigner be prosecuted before a civil court in the Philippines?
Q-4
Can the crime of treason be committed only by a Filipino citizen?
Q-5
Who is a habitual delinquent?
 Q-6.
Andres was convicted of frustrated homicide and was sentenced to 6 years and 1 day as
minimum, to 8 years of prision mayor as maximum. Andres appealed his conviction to the Court of
Appeals, which convicted him of attempted homicide, and sentenced him to 6 months of arresto
mayor as minimum, to 4 years of prision correccional as maximum. Instead of appealing his
conviction, Andres filed an application for probation with the Regional Trial Court. Is Andres
qualified to avail of the benefits of the probation law
Q-7.
Hubert and Eunice were married in the Philippines. Hubert took graduate studies in New York and
met his former girlfriend Eula. They renewed their friendship and finally decided to get married.
The first wife, Eunice, heard about the marriage and secures a copy of the marriage contract in
New York. Eunice filed a case of Bigamy against Hubert in the Philippines. Will the case prosper
(explain your answer).

-GOOD LUCK-

Prepared By: Dr. Miguel A Pascual Jr. DPA, MPA, RCrim

Faculty/Professorial/Lecturer
College of Criminology

Checked By:

Test Construction & Evaluation Committee

Noted By: Gilbert F. Salvador RCrim, MSCJ-Crim

Dean/Program Head
College of Criminology