Criminal Law Book 1

Answer: B
• 1. 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 grater penalty, or for
two or more crimes to which the law attaches lighter
penalty, there's an aggravating circumstances of:
a. Abuse of confidence
b. Reiteracion or habituality
c. Treachery or aalevosia
d. Unlawful entry
• Complex crimes are crimes in which two or more crimes are actually
committed. But they constitute only one crime in the eyes of the law
and in the conscience of the offender.
• compound crime, the combination of the offenses is not specified but
generalized , that is, grave and/or less grave, or one offense being the
necessary means to commit the other.
• special complex crime or more properly, a composite crime, has its own
definition and special penalty. Composite crimes do not consist of a
single act giving rise to two or more grave or less grave felonies.

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 Answer: A
2. Orlando is an employee of Santos Corporation. As
an employee thereof. He was able to learn the safety
vault combination. One Saturday evening he went to
their office to steal the money placed in the safety
vault. He found it empty. What crime is he liable of?
a. Attempted theft
b. Impossible crime
c. Frustrated theft
d. Attempted robbery
 Answer: C
• 3. the legal term “Delito Compuesto” is best
described as
a. Two acts producing two or more grave or less
felony.
b. A crime as a necessary means of committing
another crime
c. A single act producing two or more grave or less
felony
d. A single act producing two or more light felonies
 Answer: D
• 4. the ways and means resorted to by law
enforcers in order to facilitate the arrest of law
breakers.
a. Instigation
b. Conspiracy
c. Arrest
d. entrapment
 Answer: C
• 5.Lamberto unlawfully shot to death Mamerto
while the latter was at his brother’s house.
What aggravating circumstance is present?
a. Disregard of sex
b. Dwelling
c. Nightime
d. None of these
 Answer: C
• 6. any suffering inflicted by the state for the
transgression of law.
a. Conditional pardon
b. Parole
c. Penalty
d. pardon
 Answer: C
• 7. the perspective period of crime shall
commence to run on:
a. The day of the commission of the offences
b. The date of the arrest of the offender
c. The day of the discovery of the offense
d. The date of the filing of the complaint
 Answer: A
• 8. the person who cooperates in the execution
of the offense by previous or simultaneous
acts.
a. Accomplice
b. Accesory
c. Principal
d. None of the above
 Answer: A
9. . Cain saw Abel attacking his own wife with a
Rambo knife. Cain approached and struggled for
the possession of the weapon, in the course of
which Cain killed Abel what justifying
circumstances is present?
a. Defense of stranger
b. Self-defense
c. Defense of relative
d. Avoidance of greater evil of injury
 Answer: A
10. The penalty to be imposed to an accused
over 9 years of age but below 15 years old will
be lowered by
a. Two degrees
b. Three degrees
c. One degree
d. Four degrees
 Answer: A
• 11. a person who cooperates in the
commission of the offense another act
without which the crime would not have been
accomplished.
a. Principal by indispensable coperration
b. Principal by inducement
c. Principal by direct participation
d. accomplice
 Answer: A
• 12. a deduction from the term of
imprisonment for good behavior while in
prison.
a. Good conduct time allowance
b. Parole
c. Commutation of sentence
d. None of the above
 Answer: A
• 13. an act of grace proceeding from the power
entrusted with the execution of the laws which
exempts the individual from punishment which
the laws inflicts for the crime he has committed
a. Amnesty
b. Reprieve
c. Forgiveness
d. Absolute pardon
 Answer: A
• 14. a single act which brings about two or
more grave or less grave felonies
a. Compound crime
b. Complex crime proper
c. Special complex crime
d. None of the above
 Answer: A
• 15. an offense consisting of a series of acts done
by the offender at the same place at about the
same time violating one and the same penal
provision of the revised penal code but all arising
from one criminal resolution.
a. Continued crime
b. Complex crime
c. Special complex crime
d. None of the above
 Answer: A
• 16. the forfeiture or loss of the right of the
state to prosecute the offender after the lapse
of a certain time.
a. Prescription of crime
b. Prescription of penalty
c. Service of sentence
d. None of the above
 Answer: A
• 17. a person who takes a direct part in the
commission of the crime.
a. Principal by direct participation
b. Principal by indispensable participation
c. Accessory
d. accomplice
 Answer: C
• 18. an act or omission of the law forbidding or
commanding it.
a. Felony
b. Offense
c. Crime
d. misdemeanor
 Answer: C
• 19. the moving power which impels one to do
an act
a. Freedom
b. Intent
c. Motive intelligence
 Answer: C
• 20. a legislative act which inflicts punishment
without judicial trial.
a. Republic act
b. Ex post facto law
c. Bill of attainder
d. Presidential decree
 Answer: C
• 21. acts which are inherently evil, bad or
wrong per se.
a. Crime
b. Mala prohibita
c. Mala in se
d. offense
 Answer: C
• 22. crime committed with deliberate intent.
a. Intent
b. Culpable felonies
c. Intentional felonies
d. motive
 Answer: B
• 23. the characteristic of criminal law which
undertakes to punish crimes committed within
the Philippine territory
a. Prospectively
b. Territoriality
c. Generality
d. None of the above
 Answer: B
• 24. a law that punishes an act committed prior
to its effectivity.
a. Bill of attainder
b. Ex post facto law
c. Magna carta law
d. Jones law
 Answer: B
• 25. a misapprehension of fact on the part of
the offender causing and injury to another.
a. Imprudence
b. Mistake of fact
c. Negligence
d. None of the above
 Answer: B
• 26. those which the law punishes with
penalties which in their maximum periods are
correctional
a. Grave felonies
b. Less grave felonies
c. Light felonies
d. All of the above
 Answer: B
• 27. mistake in the identity of the victim
a. Praeter in intentionem
b. Error in personae
c. Abberratio ictus
d. None of the above
 Answer: C
• 28. a crime punishable by reclusion temporal
prescribes in:
a. 12 years
b. 15
c. 20 years
d. 10 years
 Answer: A
• 29. the stage of execution of a felony where the
offender has performed all the acts of execution
which would produce the felony as a consequence
but nevertheless do not produce it by reason of some
causes independent of the will of the perpetrator
a. Frustrated
b. Consummated
c. Attempted
d. All of the above
 Answer: A
• 30. it means lack of intention to commit so
grave a wrong as that committed
a. Praeter in intentionem
b. Abberatio ictus
c. Error in personae
d. None of the above
 Answer: A
• 31. an act which would be an offense against
person or property were it not for the inherent
impossibility of its accomplishment or on account
of the employment of the inadequate or
ineffectual means
a. Impossible crime
b. Mala in se
c. Mala prohibita
d. crime
 Answer: A
• 32. 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 circumstances
b. Mitigating circumstance
c. Alternative circumstance
d. Justifying circumstance
 Answer: C
• 33. the person, who is having a 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. Accomplice
c. Accessory
d. None of the above
 Answer: C
• 34. one which in substance id made up of
more than one crime but in the eyes of the
law is a single indivisible offenses.
a. Continued crime
b. Compound crime
c. Special complex crime
d. Complex crime proper
 Answer: C
• 35. the branch of the government that has the
power to define and punish crimes
a. Executive ranch
b. Judicial branch
c. Legislative branch
d. Republican branch
 Answer: C
• 36. a sovereign act of forgiveness fo past acts
granted by the government to all persons who
have been guilty of a crime or delict
a. Reprieve
b. Amnesty
c. Pardon
d. None of above
 Answer: C
• 37. it consists of series of acts done by the
offender in different places in violation of one
and the same penal provision of the revised
penal code but impelled by only one criminal
purpose
a. Continued crime
b. Special complex crime
c. Transitory crime
d. None of the above
 Answer: A
• 38. the law that abolished death penalty
a. R.A no. 9346
b. Act no. 9346
c. R.A no. 9436
d. None of the above
 Answer: A
• 39. it refers to the act or omission made
punishable by the special laws
a. Statutory offense
b. Felonies
c. Crime
d. None of the above
 Answer: A
• 40. it means “mistake in the blow”
a. Abbertio ictus
b. Error in personae
c. Praeter intention
d. Mam prohibita
 Answer: A
• 41. it is an act or omission made punishable by
revised penal code
a. Felony
b. Offense
c. Crime
d. Mala in se
 Answer: C
• 42. the prescriptive period of penalty shall
starts to run on:
a. The day of the arrest of the offender
b. The day of the filing of the complaint
c. The day the convict evaded service of
sentence
d. None of the above
 Answer: A
• 43. the juvenile justice and welfare act of 2006
a. R.A no. 9344
b. R.A 9433
c. Act no. 9344
d. None of the above
 Answer: D
• 44. it means criminal intent.
a. Intent
b. Culpa
c. Motive
d. dolo
 Answer: D
• 45. which of the following is not aggravating
circumstance
a. Treachery
b. Dwelling
c. Night time
d. Passion or obfuscation
 Answer: D
• 46. an act in violation of the rules of action,
body of principles and usage which do not rest
for their authority upon any express and
positive declaration of the will of the legislator
a. Preparatory act
b. Statutory offense
c. Felonies
d. Common-law crimes
 Answer: B
• 47. felonies committed through negligence or
imprudence
a. Intentional felonies
b. Culpable felonies
c. Statutory offense
d. All of the above
 Answer: B
• 48. which of the following do not totally
extinguish the criminal liability of the accused
a. Death
b. Conditional pardon
c. Amnesty
d. All of the above
 Answer: D
• 49. which of the following ids not a
circumstance that affects thecriminal liability
of the accused
a. Mitigating circumstance
b. Alternative circumstance
c. Extenuating circumstance
d. None of the above
 Answer: B
• 50. the following are sources of the Philippine
criminal law except:
a. Revised penal code
b. Generality
c. Presidential decrees
d. Special laws
 Answer: D
• 51. How to properly determine the stage of
execution ?
a. The nature of the crime
b. The elements constituting the offense
c. The manner of committing the same
d. All of the above
e. None of the above
 Answer: D
• 52. conspiracy to commit murder
a. Punishable by law
b. Punishable by special laws
c. Punishable by ordinance
d. None of them
 Answer: D
• 53. interpretation in case of doubt of the
penal laws
a. It must be interpreted in favor of the state
b. It must be interpreted in favor of the law
c. It must be interpreted in favor of the
government
d. It must be interpreted in favor of the accused
 Answer: E
• 54. judicial decision which are favorable to the
accused who is not habitual delinquent shall
be accorded
a. Weight effect
b. Habitually effect
c. Competency effect
d. Prospective effect
e. Retroactive effect
 Answer: C
• 55. if the repealing law contains provision which
are favorable to the accused and also provisions
unfavorable to the offender
a. The whole parts shall be given retroactive effect
b. The other parts shall be given retroactive effect
c. Only those parts which are favorable to the
accused shall be given retroactive effect
d. The whole parts shall be declared invalid
e. None of the above
 Answer: C
• 56. duty of the court when penalty is excessive
a. Suspend the execution of sentence
b. Refer it to higher court
c. Continue without suspending the execution
of the sentence
d. Acquit the accused from the sentence
 Answer: B
• 57. in material crimes like homicide, rape,
murder, etc.
a. There are two stages of execution
b. There are three stages of execution
c. There are four stages of execution
d. There are five stages of execution
 Answer: C
• 58. contemplates an actual, sudden and
unexpected attack or imminent danger
a. Surprise attack
b. Eminent danger
c. Unlawful aggression
d. Self defense
 Answer: A
• 59. lack of sufficient provocation on the part
of the person defending himself
a. Element of self-defense
b. Elements of defense of Stranger
c. Elements of defense of relatives
d. All of the above
e. None of the above
 Answer: B
• 60. any person who acts under compulsion of
an irresistible force
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating
e. alternative
 Answer: C
• 61. the crime committed with unlawful entry.
a. Justifying
a. Exempting
b. Mitigating
c. Aggravating
d. alternative
 Answer: C
• 62. the crime committed when the offender is
intoxicate
a. Justifying
b. Exempting
c. Mitigating
d. Aggravating
e. alternative
 Answer: C
• 63. which of the following is an indivisable
penalty
a. Reclusion tempoal
b. Arresto mayor
c. Reclusion perpetua
d. None of the above
 Answer: C
• 64. who grants time allowance
a. Court
b. Congress
c. Director of prisons
d. Chief executive
 Answer: C
• 65. those grounds for exemption from
punishment because there is wanting in the
agent of the crime
a. Aggravating circumstance
b. Alternative circumstance
c. Exempting circumstance
d. Mitigating circumstance
 Answer: D
• 66. which of the following is a mitigating
circumstance
a. Defense of stranger
b. Insanity
c. Imbecility
d. Praeter intentionem
 Answer: D
• 67. a mitigating circumstances which can be
off-set by any aggravating circumtance.
a. Privilege mitigating
b. Extra ordinary mitigating
c. Mixed mitigating
d. Ordinary mitigating
 Answer: D
• 68. the aggravating circumstance that applies
to all crime
a. Inherent aggravating
b. Specific aggravating
c. Qualifying aggravating
d. Generic aggravating
 Answer: D
• 69.the revised penal code of the Philippines
a. Act no. 3185
b. R.A no. 8315
c. R.A no. 3815
d. Act no. 3815
 Answer: A
• 70. crimes which are consummated by a single
act.
a. Formal crimes
b. Single crimes
c. Double crimes
d. Material crimes
 Answer: A
• 71. which of the following partially extinguish
criminal liability
a. Conditional pardon
b. Absolute pardon
c. Amnesty
d. None of the above
 Answer: A
• 72. the date when the law that abolished
death penalty took effect.
a. June 24, 2006
b. July 24, 2006
c. April 28, 2006
d. None of the above
 Answer: A
• 73. which of the following is an aggravating
circumstance
a. Nocturnity
b. Minority
c. Relationship
d. Degree of education
 Answer: A
• 74. the proper authority empowered to grant
pardon
a. Chief executive
b. Court
c. Director of prison
d. congress
 Answer: C
• 75. the period of imprisonment undergone by
the accused while his case is pending trial
a. Subsidiary penalty
b. Indeterminate penalty
c. Preventive imprisonment
d. amnesty
 Answer: C
• 76. who grants probation
a. Board of pardons and parole
b. Chief executive
c. Court
d. congress
 Answer: C
• 77. the penalty which is deemed included in
the principal penalty
a. Principal penalty
b. Accomplice
c. Accessory penalty
d. Complex penalty
 Answer: C
• 78. which of the following is an accessory
penalty
a. Civil interdiction
b. Deprivation of parental authority
c. Both A and B
d. None of the above
 Answer: D
• 79. the classification of a principal penalty that
has no fixed duration
a. Divisible penalty
b. Indeterminate penalty
c. Complex penalty
d. None of the above
 Answer: C
• 80. which of the following is a composite
crime
a. Robbery with rape
b. Rape with homicide
c. Robbery with homicide
d. All of the above
 Answer: D
• 81. the following are the causes which
produce a result different from that which the
offender intended except
a. Error in personae
b. Praeter intentionem
c. Aberratio ictus
d. None of the above
 Answer: D
• 82. which of the following is a divisible penalty
a. Reclusion temporal
b. Arresto mayor
c. Prison mayor
d. All of the above
 Answer: D
• 83. when fine is considered correctional
penalty
a. Over 6,000.00
b. Less than 200.00
c. Over 200.00 but not 4,000.00
d. Less than 6,000.00 but not lower than 200.00
 Answer: A
• 84. a misapprehension of fact on the part of
the offender which causes damage or injury to
another
a. Mistake of fact
b. Mistake in identity
c. Error In personae
d. All of the above
 Answer: D
• 85. an exception to the general characteristics of
criminal law
a. Those provided in treaties or treaty stipulation
b. Those provided in the laws of preferential
application
c. Those provided in the principles of public
international law
d. All of the above
 Answer: D
• 86. which of the following is an afflictive
penalty
a. Arresto menor
b. Prision correctional
c. Arresto mayor
d. Prision mayor
 Answer: D
• 87. a deduction of 1/5 of the period of
sentence granted to a loyal prisoner
a. Special treatment
b. Good conduct time allowance
c. Preventive suspension
d. Special time allowance
 Answer: D
• 88. the injuries result is greater than that
intended
a. Error in personae
b. Abberation ictus
c. Mistake of fact
d. Praeter intentionem
 Answer: D
• 89. the stage of execution where offender
performs all the acts of execution which would
produce the felony as a consequence but which
nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator
a. Attempted
b. Consummated
c. Preparatory
d. frustrated
 Answer: C
• 90. public officials exempt from criminal
prosecution under the principles of public
international law
a. Consul general
b. Vice consul
c. Head of states
d. All of the above
 Answer: C
• 91. a legislative act which inflicts punishment
without judicial trial
a. Bail of attainder
b. Amnesty
c. Bill of attainder
d. None of the above
 Answer: C
• 92. the suspension of the sentence of a
convict after serving the minimum terms of his
sentence
a. Probation
b. Pardon
c. Parole
d. Amnesty
 Answer: C
• 93. the date when the juvenile justice and
welfare act of 2006 took effect
a. April 18, 2006
b. March 28, 2006
c. April 28, 2006
d. Marc 18, 2006
 Answer: C
• 94. the government agency empowered to
grant parole
a. Chief executive
b. congress
c. Board of pardons and parole
d. Court
 Answer: A
• 95. a branch of public law which defines crime
treats of their nature and provides for their
punishment
a. Criminal law
b. Criminal procedure
c. Civil law
d. evidence
 Answer: A
• 96. a law which makes an act criminal when
such act was innocent when done.
a. Ex post fact law
b. Forbidden law
c. Code of kalantiao
d. Code of hammurabi
 Answer: A
• 97. the power of the state to enact
wholesome and reasonable laws in order to
promote general welfare
a. Police power
b. State power
c. Power of eminent domain
d. All of the above
 Answer: A
• 98. the jurisdiction exercised by the
Philippines over its land territory
a. Terrestrial jurisdiction
b. Areal jurisdiction
c. Fluvial jurisdiction
d. Maritime jurisdiction
 Answer: C
• 99. the perspective period of a light penalty
a. 6 months
b. 6 years
c. 1 year
d. 2 months
 Answer: C
• 100. an act of the sovereign power which
exempts the prisoner from the punishment
which the law imposed for the crime he has
committed
a. Parole
b. Amnesty
c. Pardon
d. probation