Criminal Law 1 Final Exam

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Name: _____________________________________________ Date: ____________

Course & Year: _____________________________________ Score: ___________

CRIMINAL LAW 1
(FINAL EXAM)

Instruction. Multiple Choice. Encircle the correct answer.

1. A Branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
A. Procedural Law
B. Civil Law
C. Criminal Law
D. Political Law

2. One of the following is not a characteristic of criminal law.


A. General
B. Territorial
C. Prospective
D. Retroactive

3. Criminal law is binding on all person who reside or sojourn in the Philippines. This characteristic of criminal law
is known as:
A. General
B. Territorial
C. Prospective
D. Retroactive

4. One of the characteristics of criminal law is generality. Which of the following is not an exception to the principle of
generality?
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law
D. None of the Above

5. 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

6. Penal laws of the Philippines are enforceable only within its territory. This characteristic of criminal law is known as:
A. General
B. Territorial
C. Prospective
D. None of the above

7. 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.

8. Criminal law does not have any retroactive effect. This characteristic of criminal law is known as:
A. General
B. Territorial
C. Prospective
D. Retroactive

9. When the law is favorable to the accused, is an exception to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive
10. A Theory of criminal law, Basis is man's free will to choose between good and evil. The purpose of penalty is
retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.

11. Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to
his volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above

12. In the construction of penal laws, it must be _ construed in favor of offender.


A. Strictly
B. Liberally
C. Severely
D. Precisely

13. Which of the following is not a limitation on power of congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
C. Law that violates the equal protection clause of the constitution.
D. None of the Above

14. What determines whether a vessel is a Philippine vessel for purposes of the application of criminal law?
A. Place of Registration
B. Place of Construction
C. Citizenship of the Owner
D. None of the Above

15. Crimes committed aboard foreign vessel within the territorial waters of a country are not triable in the courts of such
country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above

16. What court has jurisdiction when an Indonesian crew murders the Filipino captainon board a vessel of Russian
registry while the vessel is anchored outside thebreakwaters of the Manila bay?
A. The Indonesian court.
B. The Russian court.
C. The Philippine court.
D. Any court that first asserts jurisdiction over the case

17. Acts and omissions punishable by the RPC is known as


A. Felonies
B. Crimes
C. Misdemeanor
D. None of the Above

18. Acts and omissions punishable by any law is known as


A. Felonies
B. Crimes
C. Misdemeanor
D. None of the Above

19. Failure to perform a duty required by law.


A. Exception
B. Exclusion
C. Avoidance
D. Omission
20. There is no crime when there is no law punishing it. In criminal law, this principle is known as
A. Nullum crimen, nulla poene sine lege
B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
D. Actus Me Invito Factus Non Est Meus Actus

21. These Felonies are committed by means of deceit (dolo).


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

22. These Felonies are committed by means of fault.


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

23. This classification of felony has the following requisites, freedom, intelligence, and intent.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above

24. 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

25. Which of the following is not a characteristics of an offense 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

26. Which of the following is not a characteristic of an offense mala prohibita?


A. Mitigating and aggravating circumstance is not generally taken into account
B. Degree of accomplishment of the crime is taken into account only when consummated
C. Good Faith is not a defense
D. Moral trait of offender is considered.

27. Moving power which impels one to act.


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

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


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

29. In Criminal Law, Error in Personae means


A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above

30. In Criminal Law, Abberatio Ictus means


A. Mistake in Identity
B. Mistake in Blow
C. Lack of Intent to commit so grave a wrong
D. None of the Above

31. In Criminal Law, Praetor Intentionem means


A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above

32. The cause which in the natural and continuous sequence, unbroken by any efficient intervening cause,
produces the injury without which the result would not have occurred.
A. Immediate Cause
B. Intervening Cause
C. Proximate Cause
D. Natural Cause

33. It refers to deficiency of perception.


A. Negligence
B. Imprudence
C. Lack of Skill
D. Lack of Foresight

34. It refers to deficiency of acton.


A. Negligence
B. Imprudence
C. Lack of Skill
D. Lack of Foresight

35. Which of the following is not a requisites 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

36. A Stage in the execution of felonies when all the elements necessary for its execution and accomplishment are
present.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above

37. This Stage in the execution of felonies have the following elements: a. offender performs all acts of execution b. All
the acts would produce the felony as a consequence c. But the felony is not produce d. By reason of causes
independent of the will of the perpetrator.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above

38. This Stage in the execution of felonies have the following elements: a. Offender commences
the felony directly by overt acts b. Does not perform all acts which would produce the felony c. His acts are not
stopped by his own spontaneous desistance
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above

39. In the stages of execution of felonies, the element that all acts of execution are present, must be present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted
40. X inflicted serious injuries on Y. Because of delay in providing medical treatmentto Y, he died. Is X criminally liable
for the death of Y?
A. Yes because the delay did not break the causal connection between X' felonious act and the injuries sustained by
Y.
B. Yes because any intervening cause between the infliction of injury and death is immaterial
C. No because the infliction of injury was not the immediate cause of the death.
D. No because the delay in the administration of the medical treatment was an intervening cause.

41. X inflicted violent kicks on vital parts of E's body. E nevertheless was able to flee for fear of his life. Refusing to
undergo treatment for his injuries, E died 3 dayslater. Is X liable for E’s death?
A. No, since kicks on the body cannot cause death.
B. No, since it took too long for death to occur.
C. Yes, since E cannot be compelled to undergo medical treatment.
D. Yes, since it was a natural result of the injuries X inflicted on E.

42. Which of the following do not admit of frustrated and attempted stages?
A. Offenses punishable by special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above

43. Which of the following crimes do not admit of frustrated stage.


A. Rape
B. Bribery
C. Adultery
D. All of the Above

44. The General Rule is that light felonies are punishable only when they have been consummated. One of the following
is an exception.
A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
D. None of the Above

45. Two or more persons come to an agreement for the commission of a felony and they decide to commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. None of the above

46. A Person has decided to commit a felony and proposes its execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
D. None of the above

47. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone.
A. Provocation
B. Vindication
C. Passion
D. Obfuscation

48. Where the act of a person is in accordance with law, such person is deemed not to have violated the law.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance

49. Grounds for exception from punishment because there is wanting in the agent of the crime any of the conditions
which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
50. Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period
provided by law for the offense or those that change the nature of the crime.
A. Justifying circumstances
B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances

51. It is a kind of aggravating circumstance which apply to all crimes.


A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

52. A kind of aggravating circumstance that change the nature of the crime.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

53. A kind of aggravating circumstance which of necessity accompany the commission of the crime.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

54. A kind of aggravating circumstance which arise under special conditions to increase the penalty of the offense and
cannot be offset by mitigating circumstances.
A. Generic aggravating circumstance
B. Special aggravating circumstance
C. Inherent aggravating circumstance
D. Qualifying aggravating circumstance

55. Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above

56. 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

57. In Criminal Law, nighttimeas an aggravating circumstance is also referred to as


A. Obscuridad
B. Despoblado
C. Encuadrilla
D. None of the Above

58. In Criminal Law, uninhabited place as an aggravating circumstance is known as


A. Obscuridad
B. Despoblado
C. Encuadrillia
D. None of the Above

59. In Criminal Law, Band to be considered aggravating


A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men

60. En Cuadrillia means


A. Uninhabited place
B. Band
C. Nighttime
D. None of the Above

61. 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. Disfraz
D. Treachery

62. A Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the
crime.
A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad

63. 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. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz

64. Which of the following is not one of the three types of principals?
A. Principal by Direct Participation
B. Principal by Induction
C. Principal by Indispensable Cooperation
D. None of the Above

65. 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
B. Accomplice
C. Accessory
D. None of the Above

66. A Person received and used property from another, knowing it was stolen. This is an example of a
A. Principal
B. Accomplice
C. Accessory
D. None of the Above

67. 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. A Principal
B. An Accomplice
C. An Accessory
D. None of the Above

68. Roselyn who induced Bravo to kill her husband’s mistress is criminally liable as
A. Principal
B. Accessory
C. Accomplice
D. None of the above

69. Suffering inflicted by the state for the transgression of a law.


A. Reward
B. Advantage
C. Penalty
D. None of the Above

70. Alice inflicted slight physical injuries to Betty without intention to inflict other injuries, Betty then attacked Alice, is
an example of?
A. Self Defense
B. Retaliation
C. Intervening Cause
D. Proximate Cause
71. 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

72. Theory justifying penalty so as to protect society from the threat and wrong inflicted by the criminal.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice

73. A Theory Justifying penalty where the object of punishment in criminal cases is to correct and reform the offender.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity

74. A Theory justifying penalty where the criminal is punished to serve as an example to deter others from committing
crimes.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Exemplarity

75. 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

76. A Legislative Act which inflicts punishment without trial.


A. Bill of Attainder
B. Ex Post Facto Law
C. Republic Act
D. None of the Above

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


A. 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 it 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

78. It is the taking of a person in custody so that he may be bound to answer for the commission of an offense.
A. Amnesty
B. Bail
C. Arrest
D. Conviction

79. It is a general pardon extended to a group or classes of person and is exercised by the chief executive with the
concurrence of congress. It is usually given to political offenders. Its purpose is to bring about the return of dissidents
and recalcitrant members of our population to their homes and resumption of their lawful pursuit.
A. Commutation
B. Amnesty
C. Arrest
D. Bail

80. Which of the following crimes will not extinguish the criminal liability of the offender even if pardoned by the
offended party?
A. Adultery
B. Seduction
C. Concubinage
D. Homicide
81. Under the RPC, afflictive penalties are imposed for a:
A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

82. Under the RPC, Correctional penalties are imposed for a:


A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

83. Under the RPC, Arresto Menor is imposed for a:


A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

84. 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.

85. Light Felonies are punishable by:


A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years

86. What is the duration of penalties for Reclusion Pepetua?


A. 6 years and 1 day to 12 years
B. 12 years and 1 day to 20 years
C. 20 years and 1 day to 40 years
D. 8 years and 1 day to 20 years

87. What is the duration of penalties for Prision Mayor?


A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 years and 1 day to 12 years
D. 6 months and 1 day to 6 years

88. What is the duration of penalties for Prision Correcional?


A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 years and 1 day to 12 years
D. 6 months and 1 day to 6 years

89. The classification of felonies into grave, less grave, and light is important in ascertaining
A. if certain crimes committed on the same occasion can be complexed
B. the correct penalty for crimes committed through reckless imprudence.
C. whether the offender is liable as an accomplice.
D. what stage of the felony has been reached.

90. Ibrahim, intending to kill Abubakar, peppered the latter's bedroom with bullets, but since the intended victim was
not home at that time, no harm came to him. What crime isc ommitted?
A. Ibrahim committed the crime of attempted murder.
B. Ibrahim committed the crime of attempted homicide.
C. Ibrahim committed the crime of impossible crime.
D. Ibrahim committed the crime of malicious mischief

91. 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 crime because the offender has already performed the acts for the
execution of the crime.

92. A proposal to commit a felony is punishable only when the law specifically provides a penalty for it as in the case of
proposal to commit.
A. rebellion.
B. Sedition.
C. Espionage.
D. Highway robbery

93. The following are person subsidiarity liable, except one:


A. Employer
B. Teacher
C. Person or Corporation engaged in any kind of industry
D. Servants

94. The death of the accused extinguishes his criminal liability but civil liability is not extinguished.
A. When the death of the accused occurred before conviction
B. When the death of the accused occurred after conviction and after he has perfected his appeal from conviction
C. When the death of the accused occurred during the pendency of his Appeal
D. When the death of the accused occurred after final judgment

95. The acquittal of an accused shall bar the civil action arising from the crime where the judgment of acquittal holds
that __________.
A. The acquittal is based on reasonable doubt
B. The liability of the accused is not criminal but civil in nature
C. The civil liability does not arise from or is not based on the criminal act for which the accused has been
acquitted
D. The accused did not commit the act imputed to him

96. 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

97. Which among the following may totally extinguish criminal liability?
A. Absolute Pardon
B. Service of Sentence
C. Amnesty
D. All of the above

98. Civil Liability is extinguished by, except one:


A. Payment
B. Loss of the thing due
C. Breach of Contract
D. Prescription

99. Civil Liability may arise from, except one:


A. Crime
B. Tortious Act
C. Breach of Contract
D. Prescription

100. In case of Physical Injuries, t would consist in the payment of hospital bills and doctor’s fee of the offended
party.
A. Restitution
B. Reparation
C. Indemnification
D. Civil Liability

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