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Criminal Jurisprudence and Procedure 1.

Treaty Stipulation
2. Laws of Preferential Application
Criminal Jurisprudence and Procedure is further 3. Principles of Public International Law
subdivided into: ex. 1. Sovereigns and other chief of state
1. Criminal Law 1 - Study of the Revised Penal Code book 1,
special criminal statutes, Presidential Decrees, and 2. Ambassadors, Minister resident, and charges d'
Letters of Instructions. affaires
2. Criminal Law 2 - Study of the Revised Penal Code book 2
3. Criminal Procedure - Study of the Rules of Court and Note: Consuls, Vice Consuls, and other foreign
Criminal Procedure covering the law on arrest, search and commercial representatives cannot claim the privileges
seizure, Preliminary Investigation and the granting of bail to and immunities accorded to ambassadors and
an accused person; Rights of the accused person during the
ministers.
trial and the manner of prosecution of criminal offenses;
Procedures in arraignment and trial and discharge of one of
several defendants as state witness; Rules governing arrest Territorial - Penal laws of the Philippines are
without warrant and the use of firearms in case of resistance enforceable only within its territory.
to an arrest; Study of court decisions regarding arrest and
search and seizure. Exception: Art. 2 of the RPC - binding even on crimes
4. Criminal Evidence - Study of the fundamental principle of committed outside the Philippines.
criminal evidence as embodied in the rules of court. 1. Offenses committed while on a Philippine ship or
airship.
Civil Law 2. Forging or counterfeiting any coin or currency note of
1. Filed by a private party. the Philippines or obligations and securities issued by
the government.
a corporation 3. Introduction into the country of the above-mentioned
obligations and securities.
an individual person 4. While being public officers and employees, an
offense is committed in the exercise of their functions.
5. Crimes against the National Security and the Law of
2. Penalty: a guilty defendant pays the plaintiff for the Nations.
losses caused by their actions.
Prospective - The law does not have any retroactive
no incarceration effect.
Exception: When the law is favorable to the accused.
Crimes are divided into 2 classes
1. Misdemeanors - less than one year of incarceration Exception to the Exception:
2. Felonies - sentence of one year or more. 1. The New Law is expressly made inapplicable to
pending actions or existing causes of action.
During the times of the Romans, a criminal charge meant 2. Offender is a habitual criminal.
presenting the case before the public. Both the person
accused of the crime and the accuser would give speeches Theories of Criminal Law
based on their side of the story. The individual with the best 1. Classical Theory - basis is man's free will to choose
argumentation would determine the outcome of the case. between good and evil, that is why more stress is
placed upon the result of the felonious act than upon
Criminal Law the criminal himself. The purpose of penalty is
1. Filed by the government
retribution. The RPC is generally governed by this
2. Penalty: a guilty defendant is punished by
theory.

incarceration in jail or prison 2. Positivist Theory - basis is the sum of social and
economic phenomena which conditions man to do
fine paid to the government wrong in spite of or contrary to his volition. This is
exemplified in the provisions on impossible crimes and
habitual delinquency.
execution (death penalty)
3. Mixed Theory - combination of the classical and
Criminal law RPC (Book 1) positivist theories wherein crimes that are economic
and social in nature should be dealt in a positive
Criminal Law - a branch of municipal law which manner. The law is thus more compassionate.
defines crimes, treats of their nature and provides for
their punishment. Construction of Penal Laws
1. Liberally construed in favor of offender.
Characteristics of Criminal Law Example: a. The offender must clearly fall within the
1. General 2. Territorial 3. Prospective terms of the law.
b. An act is criminal only when made so by the statute.
General - binding on all persons who reside or sojourn 2. In cases of conflict with official translation, original
in the Philippines. Spanish text is controlling.
3. No interpretation by analogy.
Exceptions:
Limitations on Power of Congress to Enact Penal A. General
Laws B. Territorial
1. Ex Post Facto Law C. Prospective
2. Bill of Attainder D. Retroactive
3. Law that violates the equal protection clause of the
constitution. 9. When the law is favorable to the accused, is an
4. Law which imposes cruel and unusual punishments exception to which characteristic of criminal law.
nor excessive fines. A. General
B. Territorial
Criminal Law Review Questions 1 C. Prospective
D. Retroactive
1. A Branch of municipal law which defines crimes,
treats of their nature and provides for their punishment. 10. A Theory of criminal law, Basis is man's free will to
A. Procedural Law choose between good and evil. The purpose of penalty is
B. Civil Law retribution.
C. Criminal Law A. Classical Theory
D. Political Law B. Positivist Theory
C. Mixed Theory
2. One of the following is not a characteristic of criminal D. None of the above.
law.
A. General Answer:
B. Territorial
C. Prospective 1. C
D. Retroactive 2. D
3. A
3. Criminal law is binding on all person who reside or 4. D
sojourn in the Philippines. This characteristic of criminal 5. C
law is known as 6. B
A. General 7. D
B. Territorial 8. C
C. Prospective 9. C
D. Retroactive 10. A

4. One of the characteristics of criminal law is generality. Criminal Law Review Questions 2
Which of the following is not an exception to the
principle of generality. 1. Basis is the sum of social and economic phenomena
A. Treaty Stipulation which conditions man to do wrong in spite of or contrary
B. Laws of Preferential Application to his volition. This theory of criminal law is known as
C. Principles of Public International Law A. Classical Theory
D. None of the Above B. Positivist Theory
C. Mixed Theory
5. One of the following person is not immune from D. None of the above
Philippine criminal law.
A. Sovereigns and other chief of state 2. In the construction of penal laws, it must be
B. Ambassador ______________ construed in favor of offender.
C. Consuls A. Strictly
D. Charges d' Affaires B. Liberally
C. Severely
6. Penal laws of the Philippines are enforceable only D. Precisely
within its territory. This characteristic of criminal law is
known as 3. Which of the following is not a limitation on power of
A. General congress to enact penal laws.
B. Territorial A. Ex post facto law
C. Prospective B. Bill of Attainder
D. None of the above C. Law that violates the equal protection clause of
the constitution.
7. One of the following is not an exception to the D. None of the Above
territorial principle of criminal law.
A. Offenses committed while on Philippine ship or 4. The Revised Penal Code took effect on
airship A. March 6, 1929
B. Forging or counterfeiting any coin or currency B. March 6, 1930
note of the Philippines or the obligations and securities C. February 1, 1932
issued by the government. D. February 1, 1934
C. Crimes committed against national security and
the law of nations. 5. What determines whether a vessel is a Philippine
D. Crimes committed against public order. vessel for purposes of the application of criminal law?
A. Place of Registration
8. Criminal law does not have any retroactive effect. B. Place of Construction
This characteristic of criminal law is known as C. Citizenship of the Owner
D. None of the Above 3. These Felonies are committed by means of deceit
(dolo).
6. Crimes committed aboard foreign vessel within the A. Culpable Felonies
territorial waters of a country are not triable in the B. Intentional Felonies
courts of such country. In Criminal law, this principle is C. Unintentional Felonies
known as D. None of the Above
A. The Philippine Rule
B. The English Rule 4. These Felonies are committed by means of fault.
C. The French Rule A. Culpable Felonies
D. None of the Above B. Intentional Felonies
C. Unintentional Felonies
7. Crimes committed aboard a foreign vessel within the D. None of the Above
territorial waters of a country are triable in the courts of
such country. In Criminal law, this principle is known as 5. This classification of felony has the following
A. The Philippine Rule requisites, freedom, intelligence, and intent.
B. The English Rule A. Culpable Felonies
C. The French Rule B. Intentional Felonies
D. None of the Above C. Unintentional Felonies
D. None of the Above
8. For Offenses committed aboard foreign vessel
committed in Philippine waters. What principle is 6. This classification of felony has the following
applicable to the Philippines. requisites: freedom, intelligence, negligence, and
A. The Philippine Rule imprudence.
B. The English Rule A. Culpable Felonies
C. The French Rule B. Intentional Felonies
D. None of the Above C. Unintentional Felonies
D. None of the Above
9. Acts and omissions punishable by the RPC is known
as 7. Which of the following is not a characteristic of an
A. Felonies offense mala in se?
B. Crimes A. Moral trait of offender is considered.
C. Misdemeanor B. Good Faith is a defense
D. None of the Above C. Mitigating and aggravating circumstances taken
into account in imposing penalty
10. Acts and omissions punishable by any law is known D. Degree of participation when there is more than
as one offender is generally not taken into account
A. Felonies
B. Crimes 8. Which of the following is not a characteristic of an
C. Misdemeanor offense mala prohibita?
D. None of the Above A. Mitigating and aggravating circumstance is not
generally taken into account
Answer: B. Degree of accomplishment of the crime is taken
into account only when consummated
1. B C. Good Faith is not a defense
2. B D. Moral trait of offender is considered.
3. D
4. C 9. Moving power which impels one to act.
5. A A. Motive
6. C B. Intent
7. B C. Purpose
8. B D. None of the Above
9. A
10. B 10. Purpose to use a particular means to effect a result.
A. Motive
Criminal Law Review Questions 3 B. Intent
C. Purpose
1. Failure to perform a duty required by law.
D. None of the Above
A. Exception
B. Exclusion
Answer:
C. Avoidance
D. Omission
1. D
2. A
2. There is no crime when there is no law punishing it.
3. B
In criminal law, this principle is known as
4. A
A. Nullum crimen, nulla poene sine lege
5. B
B. Ignorantia Legis Non Excusat
6. A
C. Actus Non Facit Reum, Nisi Mens Sit Rea
7. D
D. Actus Me Invito Factus Non Est Meus Actus
8. D
9. A
10. B D. None of the Above

Criminal Law Review Questions 4 9. In the stages of execution of felonies, the element
that all acts of execution are present, must be present
1. In Criminal Law, Error in Personae means
in
A. Mistake in Identity
A. Attempted and Frustrated
B. Mistake in Blow
B. Attempted and Consummated
C. Lack of intent to commit so grave a wrong
C. Frustrated and Consummated
D. None of the Above
D. Frustrated and Attempted
2. In Criminal Law, Abberatio Ictus means
10. Which of the following do not admit of frustrated
A. Mistake in Identity
and attempted stages?
B. Mistake in Blow
A. Offenses punishable by special penal laws
C. Lack of Intent to commit so grave a wrong
B. Formal Crimes
D. None of the Above
C. Impossible Crimes
D. All of the Above
3. In Criminal Law, Praetor Intentionem means
A. Mistake in Identity
Answer:
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
1. A
D. None of the Above
2. B
3. C
4. The cause which in the natural and continuous
4. C
sequence, unbroken by any efficient intervening cause,
5. D
produces the injury without which the result would not
6. A
have occurred.
7. B
A. Immediate Cause
8. C
B. Intervening Cause
9. C
C. Proximate Cause
10. D
D. Natural Cause
Criminal Law Review Questions 5
5. Which of the following is not a requisite of an
impossible crime? 1. Which of the following crimes do not admit of
A. Act would have been an offense against persons frustrated stage.
or property A. Rape
B. Accomplishment is inherently impossible or B. Bribery
inadequate or ineffectual or ineffectual means are C. Adultery
employed D. All of the Above
C. Act is not an actual violation of another
provision of the RPC or of special law. 2. The General Rule is that light felonies are
D. There was no criminal intent punishable only when they have been consummated.
One of the following is an exception.
6. A Stage in the execution of felonies when all the A. If committed against the law of the nation
elements necessary for its execution and B. If committed against public order
accomplishment are present. C. If committed against persons or property
A. Consummated D. None of the Above
B. Frustrated
C. Attempted 3. Two or more persons come to an agreement for the
D. None of the Above commission of a felony and they decide to commit it.
A. Proposal
7. This Stage in the execution of felonies have the B. Conspiracy
following elements: a. offender performs all acts of C. Agreement
execution b. All the acts would produce the felony as a D. None of the Above
consequence c. But the felony is not produce d. By
reason of causes independent of the will of the 4. A Person has decided to commit a felony and
perpetrator. proposes its execution to some other person.
A. Consummated A. Conspiracy to commit a felony
B. Frustrated B. Proposal to commit a felony
C. Attempted C. Agreement to commit a felony
D. None of the Above D. None of the Above

8. This Stage in the execution of felonies have the 5. Under the RPC, afflictive penalties are imposed for
following elements: a. Offender commences the felony a
directly by overt acts b. Does not perform all acts which A. Grave Felonies
would produce the felony c. His acts are not stopped by B. Less Grave Felonies
his own spontaneous desistance C. Light Felonies
A. Consummated D. None of the Above
B. Frustrated
C. Attempted 6. Under the RPC, Correctional penalties are imposed
for a C. Duress
A. Grave Felonies D. None of the Above
B. Less Grave Felonies
C. Light Felonies 4. Offender employs intimidation or threat in compelling
D. None of the Above another to commit a crime.
A. Irresistible Force
7. Under the RPC, aresto menor is imposed for a B. Uncontrollable Fear
A. Grave Felonies C. Duress
B. Less Grave Felonies D. None of the Above
C. Light Felonies
D. None of the Above 5. The Juvenile Justice and Welfare Act is known as
A. R.A. 9343
8. Light Felonies are punishable by B. R.A. 9434
A. 1 day to 30 days C. R.A. 9433
B. 1 month and 1 day to 6 months D. R.A. 9344
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years 6. Mental capacity to fully appreciate the consequences
of the unlawful act.
9. Where the act of a person is in accordance with A. Motive
law, such person is deemed not to have violated the B. Intent
law. C. Discernment
A. Mitigating circumstance D. None of the Above
B. Aggravating circumstance
C. Justifying circumstance 7. Actus Me Invito Factus Non Est Meus Actus means
D. Exempting circumstance A. Any act done by me against my will is not my
act
10. Grounds for exception from punishment because B. No intent to commit so grave a wrong
there is wanting in the agent of the crime any of the C. He who is the cause of the cause is the cause of
conditions which make the act voluntary or negligent. the evil caused
A. Mitigating circumstance D. None of the Above
B. Aggravating circumstance
C. Justifying circumstance 8. Some motive which has lawfully, morally, or
D. Exempting circumstance physically prevented a person to do what the law
commands.
Answer: A. Absolutory cause
B. Insuperable cause
1. D C. Mitigating circumstance
2. C D. None of the Above
3. B
4. B 9. Where the act committed is a crime but for some
5. A reason of public policy and sentiment, there is no
6. B penalty imposed.
7. C A. Absolutory cause
8. A B. Insuperable cause
9. C C. Mitigating circumstance
10. D D. None of the Above

Criminal Law Review Questions 6 10. Those which if present in the commission of the
crime reduces the penalty of the crime but does not
1.One while advanced in age has a mental development
erase criminal liability nor change the nature of the
comparable to that of children between 2 and 7 years
crime.
old. He is exempt in all cases from criminal liability.
A. Justifying circumstance
A. Insane
B. Mitigating circumstance
B. Imbecile
C. Aggravating circumstance
C. Stupid
D. Exempting circumstance
D. None of the Above
Answer:
2. One who acts with complete deprivation of
1. B
intelligence or reason or without the least discernment
2. A
or with total deprivation of freedom of will.
3. A
A. Insane
4. B
B. Imbecile
5. D
C. Stupid
6. C
D. None of the Above
7. A
8. B
3. Offender uses violence or physical force to compel
9. A
another person to commit a crime.
10. B
A. Irresistible Force
B. Uncontrollable Fear
Criminal Law Review Questions 7
1. Any unjust or improper conduct or act of the offended D. None of the Above
party, capable of exciting, inciting or irritating anyone.
A. Provocation Answer:
B. Vindication 1. A
C. Passion 2. D
D. Obfuscation 3. A
4. C
2. Those which, if attendant in the commission of the 5. D
crime, serve to have the penalty imposed in its 6. B
maximum period provided by law for the offense or 7. A
those that change the nature of the crime. 8. B
A. Justifying circumstances 9. B
B. Mitigating circumstances 10. B
C. Exempting circumstances
D. Aggravating circumstances Criminal Law Review Questions 8

1. One who at the time of his trial for one crime, shall
3. It is a kind of aggravating circumstance which apply
have been previously convicted by final judgment of
to all crimes.
another crime embraced in the same title of the RPC.
A. Generic aggravating circumstance
A. Recidivist
B. Specific aggravating circumstance
B. Habitual delinquent
C. Qualifying aggravating circumstance
C. Quasi-recidivist
D. Inherent aggravating circumstance
D. None of the Above
4. A kind of aggravating circumstance that change the
2. All of the following except one is a person in
nature of the crime.
authority.
A. Generic aggravating circumstance
A. Barangay Chairman
B. Specific aggravating circumstance
B. Barangay Tanod
C. Qualifying aggravating circumstance
C. Mayor
D. Inherent aggravating circumstance
D. Governor
5. A kind of aggravating circumstance which of necessity
3. Where the offender has been previously punished for
accompany the commission of the crime.
an offense to which the law attaches an equal or greater
A. Generic aggravating circumstance
penalty or for two crimes to which it attaches a lighter
B. Specific aggravating circumstance
penalty. This generic aggravating circumstance is known
C. Qualifying aggravating circumstance
as
D. Inherent aggravating circumstance
A. Recidivism
B. Habituality
6. A kind of aggravating circumstance which arise under
C. Multi-recidivism
special conditions to increase the penalty of the offense
D. Quasi-recidivism
and cannot be offset by mitigating circumstances.
A. Generic aggravating circumstance
4. Reiteracion means
B. Special aggravating circumstance
A. Recidivism
C. Inherent aggravating circumstance
B. Habituality
D. Qualifying aggravating circumstance
C. Multi-recidivism
D. Quasi-recidivism
7. In Criminal Law, nighttime as an aggravating
circumstance is also referred to as
5. Where a person within a period of ten years from the
A. Obscuridad
date of his release or last conviction of the crimes of
B. Despoblado
serious or less serious physical injuries, robbery, theft,
C. Encuadrilla
estafa, or falsification, is found guilty of the said crimes
D. None of the Above
a third time or oftener. This extra ordinary aggravating
circumstance is known as
8. In Criminal Law, uninhabited place as an aggravating
A. Recidivism
circumstance is known as
B. Habitual delinquency
A. Obscuridad
C. Reiteracion
B. Despoblado
D. Quasi-recidivism
C. Encuadrillia
D. None of the Above
6. Where a person commits felony before beginning to
serve or while serving on a previous conviction for a
9. In Criminal Law, Band to be considered aggravating
felony. This special aggravating circumstance is known
A. There must be three or more armed men
as
B. There must be four or more armed men
A. Recidivism
C. There must be five or more armed men
B. Reiteracion
D. There must be six or more armed men
C. Habitual delinquency
D. Quasi-recidivism
10. En Cuadrillia means
A. Uninhabited place
7. This aggravating circumstance involves the use of
B. Band
intellectual trickery or cunning on the part of the
C. Nighttime
accused. slowly and gradually, causing unnecessary physical pain
A. Craft in the consummation of the criminal act.
B. Fraud A. Ignominy
C. Disguise B. Cruelty
D. None of the Above C. Obscuridad
D. Disfraz
8. This aggravating circumstance involves the use of
insidious words or machinations to induce the victim to 4. Which of the following is not one of the three types of
act in a manner which would enable the offender to principals?
carry out his design. A. Principal by Direct Participation
A. Craft B. Principal by Induction
B. Fraud C. Principal by Indispensable Cooperation
C. Disguise D. None of the Above
D. None of the Above
5. Persons who do not act as principals but cooperate in
9. This aggravating circumstance involves resorting to the execution of the offense by previous and
any device to conceal identity. simultaneous acts, which are not indispensable to the
A. Craft commission of the crime.
B. Fraud A. Principal
C. Disguise B. Accomplice
D. None of the Above C. Accessory
D. None of the Above
10. Astucia means
A. Craft 6. A Person received and used property from another,
B. Fraud knowing it was stolen. This is an example of a
C. Disguise A. Principal
D. None of the Above B. Accomplice
C. Accessory
11. Disfraz means D. None of the Above
A. Craft
B. Fraud 7. Placing a weapon in the hand of the dead who was
C. Disguise unlawfully killed to plant evidence or burying the
D. None of the Above deceased who was killed by the mastermind. This is an
example of
Answer: A. A Principal
1. A B. An Accomplice
2. B C. An Accessory
3. B D. None of the Above
4. B
5. B 8. This Law penalizes the act of any person who
6. D knowingly or willfully obstructs, impedes, frustrates or
7. A delays the apprehension of suspects and the
8. B investigation and prosecution of criminal cases.
9. C A. P.D. 1928
10. A B. P.D. 1892
11. C C. P.D. 1829
D. P.D. 1982
Criminal Law Review Questions 9
9. This Law penalizes the act, with intent to gain, of
1. When the offender commits any of the crimes against
buying, selling, receiving, possessing, keeping, or in any
the person, employing means, methods or forms in the
other manner dealing in anything of value which a
execution thereof which tend directly and specially to
person knows or should have known to be derived from
insure its execution without risk to himself arising from
the proceeds of the crime of robbery or theft.
the defense which the offended party might make.
A. P.D. 1261
A. Evident Premeditation
B. P.D. 1216
B. Astucia
C. P.D. 1621
C. Disfraz
D. P.D. 1612
D. Treachery
10. One of the following accessory is not exempt from
2. A Circumstance pertaining to the moral order which
criminal liability.
adds disgrace and obloquy to the material injury caused
A. When the Principal is his Spouse
by the crime.
B. When the Principal is his Ascendant
A. Astucia
C. When the Principal is his Descendant
B. Disfraz
D. None of the Above
C. Ignominy
D. Obscuridad
Answer:
1. D
3. This Aggravating Circumstance is present when the
2. C
culprit enjoys and delights in making his victim suffer
3. B
4. D D. None of the Above
5. B
6. C 8. Which of the following is not an Ex Post Facto Law?
7. C A. A Law which makes criminal an act done before the passage
8. C B. A Law which aggravates a crime or makes it greater than it w
9. D C. A Law which changes the punishment and inflicts a greater p
10. D D. None of the Above

Criminal Law Review Questions 10 9. Which of the following crimes will not extinguish the
criminal liability of the offender even if pardoned by the
1. Suffering inflicted by the state for the transgression of a law. offended party?
A. Reward A. Adultery
B. Advantage B. Seduction
C. Penalty C. Concubinage
D. None of the Above D. Homicide

2. A Theory of justifying penalty to prevent or suppress the danger to the


10.state
Finesarising from the alone as penalty, in the amount of 201 peso
when imposed
A. Prevention A. Afflictive Penalty
B. Self-Defense B. Correctional Penalty
C. Reformation C. Light Penalty
D. Exemplarity D. None of the Above

3. A Theory justifying penalty so as to protect society from the threat and


11.wrong inflicted
Fines when by thealone
imposed criminal.
as penalty, over 6000 pesos is conside
A. Theory of Prevention A. Afflictive penalty
B. Theory of Self-Defense B. Correctional Penalty
C. Theory of Reformation C. Light penalty
D. Theory of Justice D. None of the Above

4. A Theory Justifying penalty where the object of punishment in criminal


12.cases
Finesiswhen
to correct andalone
imposed reform
asthe offender.
penalty, in the amount of 200 peso
A. Theory of Prevention A. Afflictive Penalty
B. Theory of Self-Defense B. Correctional Penalty
C. Theory of Reformation C. Light penalty
D. Theory of Exemplarity D. None of the Above

5. A Theory justifying penalty where the criminal is punished to serve as an example to deter others from committing crimes.
A. Theory of Prevention Answer:
B. Theory of Self-Defense 1. C
C. Theory of Reformation 2. A
D. Theory of Exemplarity 3. B
4. C
6. A Theory justifying penalty, that crime must be punished by the state5.as an
D act of retributive justice, a vindication of absolute right and m
A. Theory of Prevention 6. D
B. Theory of Reformation 7. A
C. Theory of Exemplarity 8. D
D. Theory of Justice 9. D
10. B
7. A Legislative Act which inflicts punishment without trial. 11. A
A. Bill of Attainder 12. C
B. Ex Post Facto Law
C. Republic Act

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