UNIVERSITY OF BOHOL

City of Tagbilaran

COLLEGE OF CRIMINAL JUSTICE

SUB-AREA TEST
May 3, 2023

CRIMINAL LAW AND JURISPRUDENCE

(Revised Penal Code Book 1)

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one
answer for each item by marking the box corresponding to the letter of your choice on the
answer sheet provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.

MULTIPLE CHOICE

1. This philosophy states that man is subdued occasionally by a strange and morbid phenomenon
that constrains him to do wrong, in spite of, or contrary to his volition;
A. classical theory B. positivist theory
C. eclectic theory D. legality theory

2. That crime is essentially a social and natural phenomenon, and as such cannot be treated and
checked by the application of the abstract principles of law and jurisprudence nor by the
imposition of a punishment fixed and determined a prori; but rather through the enforcement of
individual measures in each particular case after a thorough personal and individual investigation
conducted by a competent body of psychiatrists and social scientists.
A. classical theory B. positivist theory
C. eclectic theory D. legality theory

3. In a criminal case, there were proven two (2) aggravating circumstances and nothing for
mitigating circumstance. If the penalty prescribed by law for the crime is medium period of prison
mayor to minimum period of reclusion temporal, what penalty shall be imposed by the court?
A. Medium period of prison mayor
B. Minimum period of reclusion temporal
C. Maximum period of prision mayor
D. Maximum period of reclusion temporal

4. Supposing in same situation above (No. 3), in addition, the defense was able to prove two (2)
mitigating circumstances, what is the duration of the penalty to be imposed by the court?
A. 10 years and 1 day to 12 years
B. 12 years and 1 day to 14 years and 8 months
C. 8 years and 1 day to 10 years
D. 17 years, 4 months and 1 day to 20 years

5. In accordance with the rules outlined in Article 64 of the Revised Penal Code, what penalty
shall be imposed by the court, when, during the trial of the case, two mitigating circumstances
were proven and no aggravating circumstance proven, and the penalty prescribed for the crime is
minimum and medium periods of prision mayor?
A. Minimum and medium periods of prision correccional
B. Medium and maximum periods of prision correccional
C. Minimum to maximum periods of prision correccional
D. Maximum period of prision correccional to minimum period of prison mayor
6. Who among the following accused is entitled to a privileged mitigating circumstance that
would lower the imposable penalty by one degree?
A. A minor above 15 years old and below 18 years old who acted with discernment
B. One who, in fulfillment of his duty to carry out the warrant of arrest of a fugitive, shot
the fugitive to death without ascertaining his identity.
C. One who defended himself against an unlawful aggression but used unreasonable
means and gave provocation
D. All of the above

Dr. JM. Anyak had a quarrel with his wife during the night, causing him to decide at the spur of
the moment, to kill her. Thus, he mixed poison in her food and when his wife swallowed it, Dr.
JM. Anyak realized that he loves his wife, thus, he employed his medical skill in extracting the
food from her stomach thereby preventing her death.

7. What stage / crime has been reached / committed by the acts of Dr. JM. Anyak?
A. consummated parricide B. consummated physical injuries
C. frustrated parricide D. Attempted parricide

8. Which of the following elements of the crime as portrayed above (No. 7) is absent?
A. Dr. M. JM. Anyak performed all the acts of execution
B. By reason of causes independent of the will of Dr. JM. Anyak
C. All the acts performed would produce the felony as a result
D. But the felony was not produced

9. Choose from the list below the correct principle in considering “motive”.
A. if the evidence is merely circumstantial, proof of motive is essential
B. Generally, proof of motive is not necessary to pin a crime on the accused if the
commission of the crime has been proven and the evidence of identification is
convincing
C. Motive is important to ascertain the truth between two antagonistic theories
D. Motive is relevant if the identity of the accused is uncertain

10. Luis was sentenced to prision mayor and to pay a fine of P50,000.00 with subsidiary
imprisonment in case of in solvency. Is the sentence correct?
A. Yes, because has no property to pay for the fine, so he must suffer the equivalent
imprisonment provided by law in lieu of fine
B. No, because subsidiary imprisonment is applicable only when the penalty imposed is
prision correctional or below
C. Yes, because the sentence says so.
D. NO, because the subsidiary imprisonment is applicable only when the penalty imposed
is limited to a fine

11. The presence of a mitigating circumstance in a crime

A. increases the penalty to its maximum period.
B. changes the gravity of the offense.
C. affects the imposable penalty, depending on other modifying circumstances.
D. automatically reduces the penalty.

12. Culpa can either be a crime by itself or a mode of committing a crime. Culpa is a crime by
itself in:
A. reckless imprudence resulting in murder.
B. medical malpractice.
C. serious physical Injuries thru reckless imprudence.
D. complex crime of reckless imprudence resulting in serious physical injuries.

13. Miss W allowed a man to have sex with her thinking that he was her husband. After
realizing that the man was not her husband, W stabbed him to death. Under the
circumstances, the mitigating circumstance in attendance constitutes
A. defense of honor
 C. immediate vindication of a grave offense.
B. passion or obfuscation
D. self-defense.

14. What must be considered in determining whether the crime committed is only attempted,
frustrated or consummated?
A. the nature of the offense
B. the manner of committing the felony
C. the elements constituting the felony
D. all of these
15. Minority is a privileged mitigating circumstance which operates to reduce the penalty by a
degree where the child is
A). 15 years and below acting without discernment.
B. above 15 years but below 18 acting without discernment.
C. below 18 years acting with discernment.
D. 18 years old at the time of the commission of the crime acting with discernment.

16. Benjamin was driving a car on a narrow road with due diligence and care when suddenly he
saw a truck in front of him. If he would swerve his car to the left, he would fall into the deep
ravine; if to the right, he would kill a passerby. He was made to choose between losing his life
or killing a passerby. He chose his life and ran over a passerby. What specific modifying
circumstance can Benjamin claim?
A. Defense of relative B. Self-defense
C. Pure accident D. Avoidance of greater evil

17. Is Benjamin civilly liable under the above circumstance?

A. Yes B. No
C. Maybe D. Not sure

18. These are modifying circumstances that affect the liability of the perpetrator because there is
wanting in the agent of the crime any condition which makes the act voluntary.
A. justifying circumstances B. mitigating circumstances
C. exempting circumstances D. aggravating circumstances

19. Santos was sentenced to suffer imprisonment in three separate judgments: 6 months and 1
day to 4 years for attempted homicide; 6 years and 1 day to 8 years for frustrated homicide; and
6 years and 1 day to 20 years for homicide. After his 20th year in the National Penitentiary,
Santos filed a petition for habeas corpus claiming that he had fully served his sentenced of 20
years and should therefore be immediately released from imprisonment. Was Santos correct?
A. Yes, because he served his sentences simultaneously so that his 20 years of
incarceration was sufficient
B. No, because multiple sentences are served successively not simultaneously
C. No, only penalties other than imprisonment can be served simultaneously
D. Yes, because after he has served the minimum of his penalties, he can now be released

20. What crime is committed when the offender, acting under a single criminal resolution,
commits a series of facts in the same place at about the same time and all the overt acts
committed violate one and the same penal provision?
A. composite crime B. compound crime
C. continuing crime D. complex crime

21. A with intent to kill, fired his gun at B. The bullet which hit B also hit C, D, E and F. B
suffered slight physical injuries. C was seriously wounded but was operated on and was saved by
the doctor. D suffered a serious wound but was also saved by timely medical intervention. F
died. A committed:
A.Complex crime of Homicide, Frustrated Homicide and Physical Injuries;
B.Homicide, Physical Injuries and double Frustrated Homicide;
C.Homicide with double Frustrated Homicide with Attempted Homicide;
D.Homicide with double Frustrated Homicide and a separate crime of slight Physical
 Injuries.

22. A is less than 3 days old. He is the child of B and his paramour C. A is killed by B to
prevent the discovery by B’s legitimate wife D. The crime committed by B is?
A. Homicide B. parricide
C. Infanticide D. murder

23. Amelia, a famous actress, bought the penthouse unit of a posh condominium building in
Taguig City. Every night, Amelia would swim naked in the private, but open air, pool of her
penthouse unit. It must have been obvious to Amelia that she could be seen from nearby
buildings. In fact, some residents occupying the higher floors of the nearby residential buildings
did indeed entertain themselves and their friends by watching her swim in the nude from their
windows. What crime did Amelia commit?
A. Alarms and scandals because her act of swimming naked disturbs the public
tranquility
B. Grave scandal because she committed highly scandalous acts that are offensive to
decency or good customs
C. Indecent shows under Article 201 of the Revised Penal Code, because her act of
swimming naked is akin to an indecent live show.
D. Amelia did not commit any crime because the swimming pool is located in her private
room

24. In an attempted felony, the offender’s preparatory act

A. itself constitutes an offense.
B. must seem connected to the intended crime.
C. must not be connected to the intended crime.
D. requires another act to result in a felony.

25. PO1 Guzman saw Gorio, an inmate, escaping from jail and ordered the latter tosurrender.
Instead of doing so, Gorio attacked PO1 Guzman with a bamboo spear. Gorio missed in his
first attempt to hit PO1 Guzman and before he could strike again, PO1 Guzman shot and
killed him. What crime can be charged against PO1 Guzman?
A. Murder B. Homicide
C. Reckless Imprudence resulting to Homicide D. No crime

26. Circumstances wherein the acts of the person are in accordance with the law, and hence, he
incurs no criminal and civil liability.
A. exempting B. alternative
C. justifying D. aggravating

27. When the offender enjoys and delights in making his victim suffers slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act.
A. ignominy B. cruelty
C. treachery D. Masochism

28. PO1 Guzman saw Gorio, an inmate, escaping from jail and ordered the latter tosurrender.
Instead of doing so, Gorio attacked PO1 Guzman with a bamboo spear. Gorio missed in his
first attempt to hit PO1 Guzman and before he could strike again, PO1 Guzman shot and
killed him. Is PO1 Guzman criminally liable?
A. Yes, self defense was proper
B. No, crime of murder was committed
C. No, self defense and lawful performance of duty was proper
D. No crime of homicide was committed

29. The prescriptive period for bigamy is 15 years counted from the date of the
A. discovery of the second marriage by the offended spouse.
B. registration of the second marriage in the Local Civil Registry.
C. celebration or solemnization of the second marriage.
D. discovery of the second marriage by the authorities.
30. After properly waiving his Miranda rights, the offender led the police to where he buried the
gun he used in shooting the victim. How does this affect his liability?
A. This serves as an analogous mitigating circumstance of voluntary surrender.
B. It has no effect at all since the law provides none.
C. He is considered to have confessed to murder.
D. This serves as aggravating circumstance of concealment of weapon.

31. One, who at the time of his service of sentence, is charged for committing another crime
embraced in the same title of the Revised Penal Code.
A. recidivism B. habitual delinquency
C. recidivist D. quasi-recidivist

32. Alevosia means

A. craft B. treachery
C. evident premeditation D. cruelty

33. After drinking a bottle of Jack Daniels, Jonjon drove his BMW sports car at high speed,
rammed into a group of crossing pedestrians, and hit a traffic light post. The incident caused the
death of one (1) pedestrian, serious injuries to three (3) others, and the destruction of the traffic
light post. If you were the prosecutor, what would you charge Jonjon?
A. Homicide with serious physical injuries through simple negligence
B. Damage to property, serious physical injuries and homicide through reckless
negligence
C. Simple negligence resulting in damage to property, serious physical injuries and
homicide
D. Reckless imprudence resulting in homicide, serious physical injuries and damage to
property

34. These crimes are punishable because of their very wrongful nature of the offense, that is to
say, the act or omission offends not only the law but also the sense of universal morality and so
offensive as to call for the State for its punishment.
A. mens rea B. mala prohibita
C. mala in se D. moral crimes

35. Fire breaks out in a cluster of nipa houses, and in order to prevent the spread of fire to
adjacent houses, Pedro, with the use of bulldozer, pulled down the surrounding houses.
A. Defense of neighborhood B. Defense of property
C. Pure accident D. Avoidance of greater evil

A and B who are competitors in business. One time, A threatened to kill B. One day, A met B
and during argument, A shot B but B was not hit but instead the bullet hit C, a bystander.
Causing C’s death. M and N reported what they saw to the police and the police went to the
crime scene and they pursued A, who forcibly resisted the arrest, though in the end, he was
arrested.

36. Which of the following best describes the situation under which A may be charged?
A. praeterintentionem B. aberratio ictus
C. error in personae D. res gestae

37. What crime was committed by A that night time of the stabbing?
A. Homicide
B. Compound crime Attempted Homicide and Homicide
C. Reckless imprudence resulting in Homicide
D. Murder with attempted homicide

38. It is one for the law imposes a single punishment for various offenses. It is committed in
either of two ways; when a single act constitutes two or more grave or less grave offenses; or
when an offense is a necessary means for committing another.
A. Continuous offense B. Complex crime
 C. Capital offense D. Impossible crime

39.The maxim "Nullum crimen mullapoena sine lege" means that

A. the act is criminal at the time of its commission and recognized as such at the time of
its commission but the penalty therefor is prescribed in a subsequently
enacted law.
B. the act is criminal and punished under and pursuant to common law.
C. there is a crime for as long as the act is inherently evil.
D. crime is a product of the law.

40. Subsidiary liability may be imposed on the following, except __________.

A. innkeepers, in relation to the crime committed in their establishment
B. employers engaged in industry, for the crime committed by their employees.
C. parents of minors who act with discernment in committing crimes
D. hospital administrators or owners, for crimes committed by their hospital nurses

41. Passion or obfuscation may be appreciated _________.

A. if it arises from jealousy in an amorous relationship between a married man and a
single woman
B. if it arises from jealousy of a man who has been living-in with the woman for the past
20 years.
C. if it arises from the jealousy with immoral, lustful and vindictive sentiments of the
offender against the victim.
D. none of the above situations

42. X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y
but also Z who was in the store. As a case of aberratio ictus, it is punishable as a
A. complex crime proper. B. continuing crime.
C. special complex crime. D. compound crime.

43. It may be defined as the forfeiture or loss of the right of the state to prosecute the offender
after the lapse of a certain time fixed by law.
A. Impossible crime B. Prescription of crime
C. Prescription of penalty D. Conditional pardon

44. It is the loss of forfeiture of the right of the government to execute the final sentence after
the lapse of a certain time fixed by law.
A. prescription of penalty B. prescription of crime
C. conditional pardon D. Good conduct allowance

45. What is the duration of the penalty of the prison correccional medium period?
A. 6 months and 1 day to 2 years B. 4 years, 2 months and 1 day to 6 years
C. 2 years and 2 months to 4 years D. 2 years, 4 months and 1 day to 4 years and 2 mos

46. In International law, this means that criminal laws may be applied even outside of the
country’s territorial jurisdiction if the crimes committed outside the territory pertains to any of
the FIVE crimes listed in Article 2 of the Revised Penal Code.
A. Prospective application of criminal law
B. Extra-territorial application of criminal law
C. Terrestrial application of criminal law
D. Inter-generality application of criminal law

47. The penalty of prision mayor medium period?

A. 6 years and 1 day to 8 years B. 8 years and 1 day to 10 years
C. 8 years to 12 years D. 6 years to 10 years

48. This rule propounds that crimes or offenses not involving a breach of public order committed
on board a foreign merchant vessel in transit are not triable in our Courts
A. English Rule B. French Rule
C. Territoriality Rule D. Ex-territoriality Rule
49. This rule adopts the theory that if the crimes or offenses committed on board the foreign
merchant vessel involves public crimes or crimes affecting the Philippine national security, then
the Philippine Courts have jurisdiction.
A. Extra-territoriality Rule B. Ex-territoriality Rule
C. French Rule D. English Rules

50. The following are the elements of non-intentional felony, except?

A. One has freedom while doing an act or omitting to do the act
B. One has intelligence while doing an act or omitting to do the act
C. One has intent while doing the act or omitting to do the act
D. One is imprudent or negligent in doing or omitting to do an act

51. One who fired his gun at B but missed and hit instead C is liable for the injury caused to C
although the one who fired the gun had no intention to injure C. This is a situation of:
A. Preater intentionem B. Aberratio ictus
C. Error in personae D. Impossible crimes

52. One who gave a first blow on the head of B causing the latter to fall with his head first
against the pavement resulting in his death by hemorrhage is liable for the death of B even
though he had no intention to kill B just to hit him in the head.
A. Preater intentionem B. Aberratio ictus
C. Error in personae D. Impossible crimes

53. They are those where the law attaches penalties which in any of their periods are afflictive.
A. Light felonies B. Grave felonies
C. Less grave felonies D. Misdemeanors

54. They are those where the law attaches penalties which in their maximum period are
correctional.
A. Light felonies B. Grave felonies
C. Less grave felonies D. Misdemeanors

55. A saw his perennial enemy B came home after 10 years of escaping in the Mountain. On
nighttime, A was able to get inside the house of B. A proceeded to the room B whom he saw
was sleeping. Without much ado, A stabbed B several times. When he switched on the light,
he found out that no blood came out of the wounds of B, as B had been dead a few hours ago
due to heart attack. This impossibility to kill an already dead person is considered as-
A. Impossibility due to ineffectual means B. Legal impossibility
C. Factual impossibility D. Impossibility due to inadequate means

56. This is made up of more than one crime, but which in the eyes of the law warrants a
single indivisible offense. They are regarded as a special species of complex crime because
there is one specific penalty imposed.
A. Complex crime B. Compound crime
C. Composite crime D. Continued crime

57. This crime exists where there is plurality of acts over a period of time; unity of penal
provision violated; and unity of criminal intent or purpose, which means that two or more
violations of the same penal provisions are united in one and the same intent or resolution
leading to the perpetration of the same criminal purpose or aim.
A. Complex crime B. Compound crime
C. Composite crime D. Continued crime

58. The circumstance which if present in the commission of the crime will have the effect of
increasing the penalty without however exceeding the maximum penalty prescribed by law.
A. Aggravating circumstance B. Alternative circumstance
C. Mitigating circumstance D. Justifying circumstance
 59. The person, who having knowledge of the commission of the crime and without having
participated therein either as principals or accomplices, takes part subsequent to its
commission.
A. Principal B. Accessory
C. Accomplice D. Conspirator

60. X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a
consequence. Under the circumstances
A. X cannot plead praetor intentionem since the intent to kill is presumed from the
killing of the victim.
B. X may plead praetor intentionem since he intended only to scare, not kill Z.
C. X may plead aberratio ictus as he had no intention to hit Z.
D. X may plead commission of only Discharge of Firearm as he had no intent to kill Z
when he fired his gun.

61. A person who cooperates in the commission of the offense by another act without which
the crime would not have been accomplished.
A. Principal by indispensable cooperation B. Principal by direct participation
C. Principal by inducement D. Accomplice

62. Luis was sentenced to prision mayor and to pay a fine of P50,000.00 with subsidiary
imprisonment in case of in solvency. Is the sentence correct?
A. Yes, because has no property to pay for the fine, so He must suffer the equivalent
imprisonment provided by law in lieu of fine
B. No, because subsidiary imprisonment is applicable only when the penalty imposed is
prision correctional or below
C. Yes, because the sentence says so.
D. NO, because the subsidiary imprisonment is applicable only when the penalty imposed
is limited to a fine

63. The crime of robbery in an inhabited house or public building is mitigated when the
offenders
A. entered the house using false keys.
B. although armed did not fire their weapons.
C. entered through a window without breaking it.
D. although armed took property valued at only P200.

64. A private person who assists in the escape of a person who committed robbery shall be
liable
A. as a principal to the crime of robbery.
B. as an accessory to the crime of robbery.
C. as a principal to the crime of obstruction of justice.
D. as an accessory to the crime of obstruction of justice.

65. The penalty ranging from 10 years and 1 day to 12 years is the penalty of?
A. Prision correccional maximum period
B. Prision temporal maximum period
C. Arresto mayor maximum period
D. Prision mayor maximum period

66. What kind of aggravating circumstances is present when a person commits any of the
crime against person, employing such means, methods or forms in the execution thereof
which tend specially to ensure its execution without to risk to him arising form the defense
which the offended party might take?
A. evident premeditation B. treachery
C. cruelty D. quasi-recidivsim
 67. When an accused is on trial for a new crime and has previously served sentence for
another crime to which the law attaches an equal or greater penalty, or for two or more
crimes to which the law attaches a lighter penalty, there’s an aggravating circumstances of:
A. Abuse of confidence B. Treachery or alevosia
C. Reiteracion or habituality D. Unlawful entry

68. Caleb saw Mark attacking his own (Mark’s) wife with a Rambo Knife. Caleb approach
Mark and struggled for the possession of the weapon, in the course of which Caleb killed
Mark. What justifying circumstance is present?
A. Defense of stranger B. Defense of relative
C. Self – defense D. Avoidance of Greater Evil of injury
69. He is an accomplice who
A. agreed to serve as a lookout after his companions decided to murder the victim.
B. watched quietly as the murderer stabbed his victim.
C. helped the murderer find the victim who was hiding to avoid detection.
D. provided no help, when he can, to save the victim from dying.

70. Principles of public international law exempt certain individuals from the Generality
characteristic of criminal law. Who among the following are NOT exempt from the Generality
rule?
A. Ministers Resident B. Ambassador
C. Commercial Attache of a foreign country D. Chiefs of Mission

71. As a modifying circumstance, insanity

A. is in the nature of confession and avoidance.
B. may be presumed from the offender’s previous behavior.
C. may be mitigating if its presence becomes apparent subsequent to the commission of
the crime.
D. exempts the offender from criminal liability whatever the circumstances.

72. Zeno and Primo asked Bert to give them a sketch of the location of Andy’s house since they
wanted to kill him. Bert agreed and drew them the sketch. Zeno and Primo drove to the place and
killed Andy. What crime did Bert commit?
A. Accomplice to murder, since his cooperation was minimal.
B. Accessory to murder, since his map facilitated the escape of the two.
C. None, since he took no step to take part in executing the crime.
D. Principal to murder, since he acted in conspiracy with Zeno and Primo.

73. A qualifying aggravating circumstance

A. changes the description and the nature of the offense.
B. increases the penalty to its next degree but absorbs all the other aggravating
circumstances.
C. raises the penalty by two periods higher.
D. is one which applies only in conjunction with another aggravating circumstance.

74. Deeply enraged by his wife’s infidelity, the husband shot and killed her lover. The husband
subsequently surrendered to the police. How will the court appreciate the mitigating
circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary
surrender that the husband invoked and proved?
A. It will appreciate passion or obfuscation and voluntary surrender as one mitigating
circumstance and vindication of a grave offense as another.
B. It will appreciate all three mitigating circumstances separately.
C. It will appreciate the three mitigating circumstances only as one.
D. It will appreciate passion or obfuscation and vindication of a grave offense as just one
mitigating circumstance and voluntary surrender as another.
75. A and B are strangers to each others. One day, A met X his long time enemy and so A
punch X on his face that resulted in X’s falling down. When B saw what happened, he also
kicked and punch X and got a piece of wood, gave it to A. A then started to strike X with the
wood as B held X’s foot so that X cannot move and run. X suffered mortal wound. This
situation is an example of -
A. Express conspiracy B. Implied conspiracy
C. Conspiracy theory D. Oral conspiracy

76. These are felonious acts committed by dolo or culpa as defined in the Revised Penal Code
where lack of criminal maybe a valid defense, except when the crime results from criminal
negligence.
A. Intentional felonies B. Crimes mala in se
C. Culpable felonies D. Crimes mala prohibita

77. This doctrine holds that two or more persons participating in the commission of a crime
collectively are responsible and liable as because not only that they agreed to that effect, they
also act in concert, demonstrating unity of criminal intent and a common purpose or objective.
A. Express conspiracy B. Implied conspiracy
C. Written conspiracy D. Oral conspiracy

78. The penalty of perpetual or temporary special disqualification for the exercise of the right of
suffrage does NOT deprive the offender of the right
A. to be elected to a public office B. to vote in any popular election for a public
office.
C. to vote in a plebiscite. D. to hold any public office.

John was previously convicted by final judgment of the crime of intentional mutilation in the
year 2000. He was released in 2010. In January 2016, he is charged with serious physical injuries
and his case is pending for trial. He is in jail considering that he is not able to post bail for the
present case. While in jail, on Independence day, he took the wrist watch of the jail officer while
the jail officer was taking a bath inside the prison.

79. Is John a recidivist?

A. No because the crimes he committed in 2000 and January 2016 are not embraced
under the same title of the Revised Penal Code
B. Yes because the crimes he committed in 2000 and January 2016 are embraced under

the same title of the Revised Penal Code

C. No because John has not yet been convicted of the crime in 2016, and in recidivism,

he must be convicted of the two crimes

D. Yes because what is required to be a recidivist is that the second crime committed is a
felony punished by the Revised Penal Code

80. Is John a quasi-recidivist?

A. Yes because John committed a felony while he is in jail serving his sentence for
serious physical injuries
B. No because John was not convicted of a felony while he is serving his prison sentence

for serious physical injuries

C. Yes because John committed a felony of serious physical injuries while he was
convicted of intentional felony
D. No because John was not serving his prison sentence when he committed the crime of

theft of wristwatch

81. Is John a habitual delinquent?

A. Yes because after his last release in 2010, John has committed crimes a third time or
oftener
B. No because John committed the crime in 2000 and more than ten (10) years had
 already lapsed before he committed the third crime
C. No because the crimes committed by John are not those mentioned by law as crimes

that would possibly give rise to habitual delinquency

D. May be he is a habitual delinquent because he had committed many crimes already

82. According to the order of severity, the penalty next lower in degree from Arresto Mayor is:
A. Destierro B. ArrestoMenor
C. PrisionCorreccional D. Prision Mayor

83. Destierro consists of banishment of the convict to a distance of:

A. Not less than 25 kilometers, but not more than 250 kilometers radius;
B. Not less than 50 kilometers, but not more than 250 kilometers radius;
C. Not more than 25 kilometers, but less than 250 kilometers radius;
D. None of the above.

84. X killed Y by stabbing him from behind. X called for Z, his brother-in-law, and told the
latter that he killed Y. X asked Z to bury the cadaver of Y to prevent its discovery which Z did.
A. Z is an accessory, but he is exempt from liability.
B. Z is an accessory, and he is liable.
C. Z is an accessory, but he is excused from liability pursuant to Art.22 of the Revised
Penal Code.
D. Z is an accessory, but he incurs no criminal liability pursuant to Art.4 of the Revised
Penal Code.

85. If Rod killed Irene, his illegitimate daughter, after taking her diamond earrings and forcing
her to have sex with him, what crime/s should Rod be charged with?
A. Robbery and rape with parricide B. Rape with homicide and theft
C. Robbery, rape and parricide D. Rape with homicide

86. After properly waiving his Miranda rights, the offender led the police to where he buried the
gun he used in shooting the victim. How does this affect his liability?
A. This serves as an analogous mitigating circumstance of voluntary surrender.
B. It has no effect at all since the law provides none.
C. He is considered to have confessed to murder.
D) This serves as aggravating circumstance of concealment of weapon.

87. A qualifying aggravating circumstance

A. changes the description and the nature of the offense.
B. increases the penalty to its next degree but absorbs all the other aggravating
circumstances.
C. raises the penalty by two periods higher.
D. is one which applies only in conjunction with another aggravating circumstance.

88. X burned clothes that were drenched with blood, which he found inside the trunk of the car
of his employer because there were already many worms on the clothing’s and bad odor was
already emitting therefrom. It turned out that the clothes belonged to a Murder victim.
A. X is not an accessory because he did not destroy the effects or instrument of the crime.
B. X is not an accessory because he burned the clothes not to prevent the discovery of a
crime.
C. X is not an accessory because he burned the clothes for sanitation purposes.
D. X is not an accessory because his act of burning the clothes is an absolutory act.

89. Kenzo is being courted by Renz. During her birthday, Renz gave Kenzo a gold bracelet as a
gift. Kenzo did not know that Renz snatched it from Yari.
A. Kenzo is an accessory because she profited by the effects of a crime.
B. Kenzo is an accessory because the law does not require knowledge that the object was
 stolen.
C. Kenzo is not an accessory because she had no knowledge in the commission of the
crime.
D. Kenzo is not an accessory because the crime committed is violent of P.D. 1612

90. Rapots stole the cell phone of Jarred. Rapots gave the cell phone to Tibor. Rapots told Tibor
not to tell anybody that he is the source of the cell phone. Tabor agreed and from then on kept,
possessed, and used the cell phone.
A. Tibor is an accessory because he profited by the effects of the crime knowing that it is
a proceed of a crime.
B. Tibor is an accessory because he should have known that the cell phone was a proceed
of a crime.
C. Tibor is not an accessory because he is a principal in the crime of Fencing.
D. Tibor is not an accessory because he is a principal in the crime of Violation of P.D.
1613

91. He is not a co-conspirator but the moment he comes to know about the conspiracy, he
concurs, conforms and cooperates by previous or simultaneous acts. However, his act is not
equal to or greater than the act committed by the perpetrator of the crime.
A. Accessory B. Accomplice
C. Principal by Inducement D. Principal by Direct Participation

92. What is the penalty imposable for complex crimes?

A. The penalty for the crime actually committed to be imposed in its maximum period.
B. The penalty for the two or more crimes to be imposed in their maximum periods
pursuant to Art.49 of the Revise Penal Code.
C. The penalty for the complex crimes to be applied in its maximum period.
D. The penalty for the most serious crime to be applied in its maximum period.

93. It takes place when a person at that time of his trial for an offense shall have previously
served a penalty to which the law attaches an equal or greater penalty.
A. Recidivism B. Reiteracion
C. Habitual delinquency D. Quasi- recidivism recidivism

94. Why is the sentence in the Indeterminate Sentence Law called Indeterminate?
A. Because the convict will be sentenced to minimum and maximum penalty.
B. Because the sentence to be imposed can only be determined by the court.
C. Because he convit will not serve the maximum penalty imposed.
D. Because it cannot be determined as to how long the convict will serve the
sentence because after serving the minimum, he may be released on parole.

95. There are four mitigating circumstances and one aggravating circumstance. Under the rules
on offsetting , there remain three mitigating circumstances. The judge therefore lowered the
penalty by one degree and applied the penalty in the medium period. Is the judge correct?
A. Yes, because there are three mitigating circumstances left.
B. Yes, because the aggravating circumstance was offset by one mitigating circumstance.
C. No, because the penalty should not be lowered by one degree c
considering that there is anggravating circumstance present.
D. No, because the penalty can be lowered only if the penalty is divisible.

96. Robbery in an uninhabited place is qualified when:

A. Committed by a band in an uninhabited place.
B.Committed by a band or in an uninhabited place.
C. Committed by a band and in an uninhabited place.
DCommitted by a band /or in an uninhabited place.

97. In accordance with the rules for graduating penalties, which of the following penalty is
considered as the penalty next lower by two degrees when the penalty prescribed for the felony is
reclusion perpetua?
A. Reclusion temporal maximum period
 B. Prision Mayorl medium to maximum period
C. Prision Mayor full extent
D. Reclusion temporal to its full extent

98. In accordance with the rules outlined in Article 64 of the Revised Penal Code, what penalty
shall be imposed by the court in a homicide case, when, during the trial of the case, neither
aggravating nor mitigating circumstances are proven?
A. Maximum period of the prision mayor
B. Medium period of the prision mayor
C. Minimum period of the reclusion temporal
D. Medium period of the reclusion temporal

99 .The penalty prescribed by law for the crime committed is maximum period of reclusion
temporal to reclusion perpetua, what is the penalty next lower in degree from this penalty?
A. Minimum period to maximum period of reclusion temporal
B. Reclusion temporal to its full extent
C. Maximum period of prision mayor to medium period of reclusion temporal
D. Minimum period to medium period of reclusion temporal

100. Peter was convicted of the crime of theft in 1985; of robbery in 1987; of swindling in 2003;
and of theft in 2015. What aggravating circumstance should be properly appreciated against
Peter?
A. Recidivism B. Quasi-recidivism;
C. Reiteracion D. Habitual delinquency