CRI 057: CRIMINAL LAW 1
TG- FINAL EXAMINATION
Name: Section:
Schedule: Permit No.:
Directions. This is the final examination. This is multiple choice questions. Choose the letter of the
correct answer from the choices given. Anyone caught cheating shall be dealt with accordingly. Good
luck!
1. Whenever a penal law is to be construed or applied and the law admits of two interpretations, one
lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to
the offender will be adopted . This is known as:
a. Fruit of the Poisonous tree doctrine
b. Doctrine of Pro Reo
c. Taint doctrine
d. All of the above
2. It means that there at least four armed malefactors acting together in the commission of the offense
a. Conspiracy
b. Syndicate
c. Band
d. Battalion
3. Penal law of the country shall have force and effect only within its territory
a. Generality
b. Territoriality
c. Prospectivity
d. All of the above
4. It is a public act granted by the President with concurrence of congress to those offenders convicted
of political crimes
a. Parole
b. Amnesty
c. Pardon
d. Probation
5. Who among the following is qualified to apply for probation?
a. Green, sentenced for 6 years and 1 day
b. Gray, sentenced for 4 years and 1 day
c. Gold, sentenced for maximum of 12 years
d. Black, sentenced for reclusion temporal
6. Abra stabbed Loonie in the abdomen, penetrating the liver and chest of Loonie. Loonie was rushed to
the hospital and was given immediate medical treatment. What is the criminal liability of Abra?
a. Attempted Homicide
b. Consummated Homicide
c. Frustrated Homicide
d. Slight Physical Injuries
7. It exists when the person who has decided to commit a felony proposes its execution to some other
person or persons
a. Conspiracy
b. Band
c. Proposal
d. Entrapment
8. A person who conceals or assists in the escape of the principal of the crime
a. Accomplice
b. Principal
c. Accessory
d. None of the above
9. At about midnight, Boy Tirador attacked fatally an unarmed 4 feet, 11 inches girl with a hunting knife
while she was alone in her room. Which of the following can be appreciated as aggravating circumstance
in the commission of the crime?
a. Cruelty
b. Dwelling
c. Abuse of superior strength
d. b and c
10. The basis of criminal liability is human free will
a. Positivist Theory
b. Eclectic Theory
c. Classical Theory
d. Utilitarian Theory
11. Performing an act which would be an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account of the employment of inadequate or
ineffectual means
a. complex crime
b. possible crime
c. impossible crime
d. heinous crime
12. One, who at the time of his trial for one crime shall have been previously convicted by final judgment
of another crime embraced in the same title of the Revised Penal Code
a. Recidivism
b. Reiteracion
c. Habitual delinquency
d. Quasi-recidivism
13. Aid of minors in the commission of the crime is considered ___ circumstance
a. mitigating
b. alternative
c. aggravating
d. exempting
14. Crimes that have three stages of execution
a. Formal
b. Seasonal
c. Material
d. Complex
15. The power to enact penal or criminal laws belongs to the ___ branch of government
a. executive
b. legislative
c. judiciary
d. court
16. A person directed the blow at an intended victim but because of poor aim, that blow landed on
somebody else
a. Error in personae
b. Praeter intentionem
c. Aberratio ictus
d. All of the above
17. Crimes punishable by reclusion perpetua prescribes in
a. 10 years
b. 20 years
c. 15 years
d. 25 years
18. Romina, a domestic servant of Robert has been nurturing grudges against him for long. One day,
while Robert was sitting on his rocking chair, Romina fired shots towards Robert. It turned out however
that Robert has been dead from a stroke an hour ago. Romina can be liable for:
a. Murder
b. Impossible crime of murder
c. Homicide
d. No crime committed
19. The offender commences the commission of a felony directly by overt acts and does not perform all
the acts of execution which should produce the felony by reason of some cause of accident other than
his own spontaneous desistance
a. consummated
b. frustrated
c. attempted
d. all of the above
20. In which of the following crimes can a relationship of the offender and the offended party be
considered aggravating?
a. Theft
b. Rape
c. Robbery
d. Malicious Mischief
21. Which of the following is an effect of mitigating circumstance?
a. It changes the nature of crime
b. It reduces the penalty
c. It increases the penalty
d. All of the above
22. A legislative act which inflicts punishment without trial
a. Ex post facto law
b. Pardon
c. Amnesty
d. Bill of attainder
23. A person who directly induce another to commit a crime by giving a reward is liable as
a. Principal by direct participation
b. Principal by indispensable cooperation
c. Principal by inducement
d. Accomplice
24. It is a punishment whereby a convict is banished to a certain place and is prohibited from entering or
coming near that place designated in the sentence
a. Arresto mayor
b. Perpetual Disqualification
c. Destierro
d. Reclusion temporal
25. Which of the following is true about reclusion perpetua and life imprisonment?
a. Both penalties have the same duration
b. Life imprisonment carries accessory penalties
c. Reclusion perpetua has no fixed duration
d. Reclusion perpetua refers to the penalty under Revised Penal Code; Life imprisonment under special
law
26. A single act which results in two or more grave or less grave felonies
a. Complex crime proper
b. Continuing crime
c. Compound crime
d. Composite crime
27. Aggravating circumstances which apply to particular crimes
a. General
b. Inherent
c. Specific
d. Qualifying
28. Which of the following is not one of the alternative circumstances?
a. Relationship
b. Cruelty
c. Intoxication
d. Degree of instruction
29. This refers to a child who is alleged as, accused of, or adjudged as, having committed an offense
under Philippine laws:
a. Child in conflict with law
b. Minor child
c. Guilty child
d. None of the above
30. Justifying circumstance is an affirmative defense. Hence, the burden of evidence rests on the___
who must prove the circumstance by clear and convincing evidence
a. Judge
b. Prosecution
c. Accused
d. All of the above
31. Confession of guilt to be mitigating must be made
a. outside the court
b. police station
c. inside the court
d. All of the above
32. The following are mitigating circumstances except:
a. Sufficient threat or provocation
b. Vindication of a grave offense
c. Avoidance of greater evil
d. Uncontrollable fear
33. Abuse of confidence and obvious ungratefulness is a form of___ circumstance
a. alternative
b. aggravating
c. mitigating
d. justifying
34. It pertains to the moral order which adds disgrace to the material injury caused by the crime
a. Treachery
b. Ignominy
c. Cruelty
d. Quasi-recidivism
35. The aggravating circumstance must be established with
a. Preponderance of evidence
b. Substantial evidence
c. Moral certainty
d. All of the Above
36. It involves the use of direct inducement by insidious words or machinations
a. Disguise
b. Fraud
c. Craft
d. Cruelty
37. There is no criminal and civil liability under this circumstance:
a. Alternative
b. Mitigating
c. Justifying
d. Exempting
38. Killing a person through the use of fire constitutes
a. Arson
b. Murder
c. Homicide
d. All of the above
39. Delito compuesto is also known as:
a. Complex crime proper
b. Compound crime
c. Heinous crime
d. Composite crime
40. Alevosia is also known as
a. Cruelty
b. Ignominy
c. Treachery
d. Evident Premeditation
41. Branch of law which defines crimes, treats of their nature and provides for their punishment
a. Criminal Evidence
b. Criminal Procedure
c. Criminal Law
d. Civil Procedure
42. Violations of special law
a. Crime
b. Felony
c. Offense
d. Misdemeanor
43. Violations of Revised Penal Code
a. Offense
b. Felony
c. Crime
d. Misdemeanor
44. When a felony is committed by means of dolo, it means:
a. there is fault
b. there is no deliberate intent
c. no crime committed
d. None of the above
45. Criminal law is binding on all persons who live or sojourn in Philippine Territory
a. General
b. Prospective
c. Territorial
d. Retroactive
46. Which of the following is not a requisite of conspiracy as a felony?
a. Two or more persons come to an agreement
b. The agreement pertains to the commission of a felony
c. The execution of the felony was decided upon
d. The execution of the felony was not decided upon
47. Crime is essentially a social and natural phenomenon
a. Positivist Theory
b. Mixed Theory
c. Classical Theory
d. All of the above
48. It refers to the failure to perform a positive duty which one is bound to do under the law
a. Act
b. Crime
c. Omission
d. Misdemeanor
49. The following are requisites of dolo except:
a. Freedom
b. Intelligence
c. Intent
d. Negligence
50. All the elements necessary for its execution and accomplishment are present; the felony is produced
a. Attempted
b. Consummated
c. Frustrated
d. No crime committed
51. Power of the state to define and punish crimes
a. Power of Eminent Domain
b. Taxation Power
c. Police Power
d. Emergency Power
52. Which of the following is one of the sources of Philippine Criminal Law?
a. Revised Penal Code
b. Penal Presidential Decree
c. Special Penal Laws
d. All of the above
53. Penal laws of the Philippines are enforceable only within its territory
a. Generality Principle
b. Principle of Territoriality
c. Theory of Absorption
d. Classical Theory
54. Those which the law attaches the capital punishment or penalties which in any of their periods are
afflictive
a. Less Grave
b. Light
c. Grave
d. All of the above
55. Kawa Tan was convicted of the crime of robbery. Years after serving sentence, he committed the
crime of theft. What kind of multiple offender is Kawa Tan?
a. Quasi-recidivism
b. Recidivism
c. Habitual Delinquency
d. Reiteracion
56. The following is a requisite of Self-defense except:
a. Lawful aggression
b. Unlawful aggression
c. Reasonable necessity of means employed to prevent or repel it
d. Lack of sufficient provocation on the part of defender
57. In relation to Question No. 56, what kind of circumstance is Self-defense?
a. Mitigating
b. Justifying
c. Aggravating
d. Exempting
58. If insanity is present at the time of the commission of the crime, the accused is:
a. justified from criminal liability
b. exempt from criminal liability
c. no criminal liability
d. trial will proceed
59. Portion of the acts constituting the crime, starting from the point where the offender begins the
commission of the crime to the point where he has still control over his acts
a. Objective Phase
b. Subjective Phase
c. Completion Phase
d. All of the above
60. Which of the following crimes is considered a formal crime?
a. Homicide
b. Murder
c. Serious Physical Injury
d. Parricide
61. Compulsion of irresistible force is an example of ___:
a. Justifying circumstance
b. Exempting circumstance
c. Mitigating circumstance
d. Aggravating circumstance
62. Which of the following individuals is subject to the operation of Philippine criminal laws?
a. Ambassador
b. Chiefs of state
c. Ministers resident
d. Consul
63. Power of the state to take private property for public use upon payment of just compensation
a. Taxation
b. Police Power
c. Eminent Domain
d. All of the above
64. Rape with homicide is an example of:
a. Compound crime
b. Continuing crime
c. Special complex crime
d. All of the above
65. Toto Ar Ech, not a habitual drinker punched Nonoy Yakult causing serious physical injuries against
Nonoy Yakult. Because of the alcoholic intake of Toto Ar Ech , he suffered from diminished self-control.
This can be case of ___ circumstance.
a. justifying
b. mitigating
c. aggravating
d. exempting
66. Battered Woman Syndrome is an example of:
a. mitigating circumstance
b. exempting circumstance
c. justifying circumstance
d. alternative circumstance
67. Being illiterate does not mitigate liability if crime committed is:
a. Estafa
b. Parricide
c. Falsification of public document
d. False testimony
68. It refers to any unjust or improper conduct or act of the offended party capable of exciting, inciting,
or irritating anyone
a. Provocation
b. Obfuscation
c. Passion
d. All of the above
69. The act is wrong because it is prohibited by law
a. Mens rea
b. Mala Prohibita
c. Actus rea
d. Mala In Se
70. What branch of government has the power to check the constitutionality of criminal laws created?
a. Executive
b. Legislative
c. Judicial
d. Congress
71. When a single act constitutes two or more grave or less grave felonies, the penalty for the _____
crime shall be imposed
a. lesser
b. no penalty
c. most serious
d. None of the above
72. A penal law cannot make an act punishable in a manner in which it was not punishable when
committed
a. Retroactive
b. General
c. Prospective
d. Territorial
73. It means guilty mind
a. Actus rea
b. Alevosia
c. Mens rea
d. Dolo
74. The forfeiture or loss of the right of the State to prosecute the offender, after the lapse of a certain
period of time
a. Prescription of penalty
b. Prescription of crime
c. Commutation of sentence
d. Service of sentence
75. The prosecution for libel prescribes in ___
a. one year
b. three years
c. two years
d. four years
76. Chito, a government anti-drugs agent, acted as a poseur buyer of shabu and negotiated with Ely, a
suspected drug pusher who is unaware that Chito is a police officer. Chito then paid Ely in marked
money and the latter handed over a sachet of shabu. Upon signal, the cops closed in on Ely. This is an
example of:
a. Instigation
b. Planting evidence
c. Entrapment
d. All of the above
77. Which of the following is an example of afflictive penalty?
a. Prision correccional
b. Aresto mayor
c. Reclusion temporal
d. Destierro
78. Which of the following statements is true about conspiracy?
a. In conspiracy, there is no criminal liability
b. The criminal liability of all will be the same, because the act of one is the act of all
c. Only one person will be convicted in conspiracy
d. Conspiracy is a justifying circumstance
79. If the crime is committed on the occasion of a calamity, the crime is
a. mitigated
b. justified
c. aggravated
d. exempt
80. The mitigating circumstance of immediate vindication of a grave offense cannot be appreciated in a
case where
a. Following the killing of his adopted brother, Tito went to the place where it happened and killed Jose
whom he found there.
b. Joey kills Vic who attempted to rape Joey’s wife.
c. Allan severely maltreats Wally, a septuagenarian, prompting the latter to kill him.
d. Alden killed Ryan who slandered his wife.
81. The act is wrong from its very nature and criminal intent is an element
a. Mala In Se
b. Actus Reus
c. Mala Prohibita
d. Mens Rea
82. Execeptions to the Territoriality Principle can be found in:
a. Article 1 of Revised Penal Code
b. Article 2 of Revised Penal Code
c. Article 3 of Revised Penal Code
d. Article 4 of Revised Penal Code
83. Which of the following is not a justifying circumstance?
a. Avoidance of greater evil
b. Fulfillment of duty
c. Defense of strangers
d. Uncontrollable fear
84. The following is a requisite of voluntary surrender as mitigating circumstance except:
a. offender had not been actually arrested
b. offender surrendered himself to a person in authority or to the latter‘s agent
c. surrender was voluntary
d. surrender was involuntary
85. Praeter intentionem is an example of
a. Justifying circumstance
b. Exempting circumstance
c. Mitigating circumstance
d. Alternative circumstance
86. If accused became insane during trial:
a. Trial will proceed
b. Proceedings will be suspended and accused is committed to a hospital
c. Accused will be represented by counsel
d. Substitution of accused is required
87. Which of the following crimes does not admit frustrated stage?
a. Murder
b. Physical Injury
c. Parricide
d. Infanticide
88. The following are criminally liable for grave and less grave felonies:
a. Principals
b. Accomplices
c. Accessories
d. All of the above
89. Which of the following is not an alternative circumstance?
a. Relationship
b. Ignominy
c. Intoxication
d. Degree of education/instruction
90. Who has the power to grant pardon?
a. Congress
b. Prosecutor
c. President
d. Judge
91. A person if within a period of 10 years from the date of his release or last conviction of the crime of
serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of
the said crimes a third time or oftener
a. Recidivist
b. Quasi-recidivist
c. Habitual delinquent
d. Hardened criminal
92. When the offender enjoys in making his victim suffer slowly and gradually causing him unnecessary
physical pain in the consummation of the criminal act
a. Cruelty
b. Ignominy
c. Evident Premeditation
d. Treachery
93. The law hears before it condemns proceeds upon inquiry and render judgment after a fair trial
a. Rule of law
b. Ex post facto law
c. Equal protection of the law
d. Due process of law
94. Those where the act committed is a crime but for reasons of public policy and sentiment, there is no
penalty imposed
a. Complex crimes
b. Impossible crimes
c. Absolutory causes
d. Alternative circumstances
95. Deliberate planning of act before execution
a. Treachery
b. Evident premeditation
c. Ignominy
d. Cruelty
96. The Revised Penal Code was based on the
a. American Penal Code
b. Japanese Penal Code
c. Spanish Penal Code
d. All of the above
97. Which of the following crimes is considered light felony?
a. Homicide
b. Robbery
c. Estafa
d. Slight Physical Injuries
98. Punishment inflicted by the State for the transgression of law
a. Reward
b. Penalty
c. Bail
d. Ransom
99. Duration of reclusion temporal
a. 12 years and 1 day to 20 years
b. 20 years and 1 day to 40 years
c. 6 years and 1 day to 12 years
d. 1 to 30 days
100. Who among the following is exempt from criminal liability?
a. Camel, a drug addict
b. Hope, a sex worker
c. Philip, a deaf mute
d. Champion, insane
ANSWER KEY
Criminal Law 1 (CRI 057)
Third Periodic Exam (P3)
1.B
2.C
3.B
4.B
5.B
6.C
7.C
8.C
9.D
10.C
11.C
12. A
13.C
14.C
15.B
16.C
17.B
18.B
19.C
20.B
21.B
22.D
23.C
24.C
25.D
26.C
27.C
28.B
29.A
30.C
31.C
32.D
33.B
34.B
35.C
36.B
37.C
38.B
39.B
40.C
41.C
42.C
43.B
44.B
45.A
46.D
47.A
48.C
49.D
50.B
51.C
52.D
53.B
54.C
55.B
56.A
57.B
58.B
59.B
60.C
61.B
62.D
63.A
64.C
65.B
66.C
67.B
68.A
69.B
70. C
71.C
72.C
73.C
74.B
75.A
76.C
77.C
78.B
79.C
80.D
81.A
82.B
83.D
84.D
85.C
86.B
87.B
88.D
89.B
90.C
91.C
92.A
93.D
94.C
95.B
96.C
97.D
98.B
99.A
100.D
