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DIAGNOSTIC EXAMINATION IN CRIMINAL JURISPRUDENCE

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. Which one is an exception to the territorial application of Criminal Law?
a. Law is given retroactive effect.
b. Law of preferential application.
c. Bill of attainder
d. While being public officers or employees, should commit an offense in
the exercise of their functions.
2. 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 greater
penalty, or for two or more crimes to which the law attaches a lighter penalty,
theres an aggravating circumstances of
a. Abuse of confidence
b. Reiteraction or habituality
c. Treachery or alevoisa
d. Unlawful Entry
3. Lando is an employee of Baltik Trade Corp. 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.
For what crime is he liable of:
a. Attempted theft
b. Impossible crime
c. Frustrated theft
d. Attempted robbery
4. 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.
5. Jorge is under detention for violation of RA 6425. One day he was involved in
a fight with a fellow inmate. He killed his fellow inmate, thus a case of
homicide was also filed. Is Jorge a recidivist?
a. Yes, because his second crime is considered as felony.
b. Yes, because he is already convicted of the first crime.
c. No, because he is convicted of his first crime.
d. No, because he is not yet convicted of his first crime.
6. Berto unlawfully shot to death Facundo while the latter was at his brothers
house. What aggravating circumstance is present?
a. Disregard of sex
b. Dwelling
c. Nighttime

d. Superior strength
7. Which of the following is composed of three distinct penalties each forming a
period?
a. Complex crime
b. Complex law
c. Complex penalty
d. Complex term
8. Caleb saw Mark attacking his own (Marks) wife with a Rambo knife. Caleb
approached Mark and struggled for the possession of the weapon, in the
course of which Caleb killed Mark. What justifying circumstances are present?
a. Defense of stranger
b. Self-defense
c. Defense of relative
d. Avoidance of Greater Evil of Injury
9. The penalty to be imposed to an accused over 9 years of age but below 15
year old will be lowered by
a. Two degrees
b. Three degrees
c. One degree
d. Four degrees
10.Rudy killed Dick out of rivalry for the love of Dina. What mitigating
circumstance is present?
a. Passion and obfuscation
b. Vindication of grave offense
c. Confession of guilt
d. Provocation of threat
11.Rino introduced himself as the Municipal Mayor as he was pacifying Bruno
and Kulas who were fighting inside a beer joint. Notwithstanding his
presence, Bruno and Kulas continued to fight until Bruno succeeded in killing
Kulas. What aggravating circumstance is present?
a. In contempt or with insult to the public authority.
b. Disregard of Rank
c. Abuse of confidence
d. Band
12.Before killing his victim, Abel drank gin to make him bolder in the commission
of the crime. What alternative circumstance is present?
a. Age and rank
b. Intoxication
c. Education
d. Relationship
13.Banong, thinking that the person walking in a dark alley was Erap, his bitter
enemy, fired at that person, who was killed as a result. It turned out that the
victim was Banongs own father. There was __________.
a. Error in personae
b. Aberration ictus
c. Praeter intentionem
d. Complex crime
14.Death and Reclusion Perpetua prescribe in __________.

a. 30 years
b. 40 years
c. 20 years
d. 10 years
15.Criminal liability is partially extinguished by __________.
a. Serving completely the sentence
b. Amnesty
c. Conditional Pardon
d. Parole
16.What kind of penalty is imposed when an accused was sentenced to pay a
fine of exactly PhP200.00.
a. Correctional Penalty
b. Grave felony
c. Less grave felony
d. Light penalty
17.Which of the following statements best defines IMPUTED NEGLIGENCE?
a. Negligence that was cut-off.
b. That the parents of the minor are presumed negligent if the minor
staying with them commits a crime.
c. Crime that can be avoided.
d. Felony committed through negligence.
18.Which of the following is not a source of Phil. Penal Laws?
a. Rev. Penal Code
b. Penal Pres. Decrees
c. Special Penal Laws
d. Legislative Decrees
19.Philippine Penal Law is applicable within the Philippine territory to include
a. All of these
b. Its atmospheres
c. Interior waters
d. Maritime zone
20.Which of the following is the best example of obligation and securities issued
by the Philippine Government?
a. Money bills
b. Government bonds
c. Coins
d. Letter of credit
21.Who among the following persons is not exempted from criminal liability?
a. Ambassadors
b. Changes d affraires
c. Ministers
d. Consuls
22.What are the criminals acts punished by the Revised Penal Code?
a. Felonies
b. Offenses
c. Crimes
d. Misdemeanor
23.`What will a judge do if the acts done by a person being tried in court is not
covered by law?
a. Convict the accused

b. Acquit the accused


c. Place the accused under probation
d. Give the accused parole
24.A swift attack on a military installation by elements of the AFP or police is the
same as
a. Promoting rebellion
b. Coup de etat
c. Rebellion
d. Insurrection
25.What is the legislative action that punishes without trial?
a. Ex-post facto law
b. Unconstitutional law
c. Bill of attainder
d. Penal attainder
26.What is the stage of the commission of a felony when all the elements
necessary for its execution and accomplishments are present?
a. Attempted
b. Frustrated
c. Consummated
d. Enumerated
27.This is incurred by a person committing a felony although the wrongful act
done by different from that he intend to do.
a. Felony
b. Criminal liability
c. Offense
d. Civil liability
28.This is committed when a person who decided to commit a felony proposes
its execution to another person.
a. Accessory
b. Conspiracy
c. Accomplice
d. Proposal
29.Which of the following refers to the power of the state to define and punish
crime?
a. Power of eminent domain
b. Notice power
c. Legislative power
d. Executive power
30.Rebellion treason and sedition are crimes against
a. Public security
b. Public service
c. National government
d. National security
31.If an offense was committed by a Japanese national on board a Singapore
Airlines plane abort to land at the NAIA. What penal law will apply
a. Singapore Law
b. Philippine Law
c. Japanese Law
d. International Law

32.Which of the following words has the same meaning as the word deceit?
a. Dolo
b. Culpa
c. Fault
d. Negligence
33.A chief of Police of a municipality, believing in good faith that a prisoner
serving a ten-day sentence in the municipal jail, would not escape, allowed
said prisoner to sleep at the latters house because the municipal jail was so
congested and there was no bed space available. Accordingly, the prisoner
went home to sleep every night but returned to jail early each morning, until
the ten-day sentence had been fully served. What crime was committed by
the chief of police?
a. Infidelity of public officer
b.