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INSTRUCTIONS: Read each question carefully and write your answers in yellow pad paper (no limit) in the

same order
the questions are posed. You dont have to repeat or copy the questions. Answer the Essay questions legibly, clearly, and
concisely. ANSWER ALL BONUS QUESTIONS.

DO NOT WRITE ANYTHING ON THE QUESTIONNAIRE. DO NOT TALK TO ANYONE OTHER THAN THE
EXAMINER. THE EXAM IS LONG SO BE MINDFUL OF THE TIME AND THE LENGTH OF YOUR ANSWERS.

Note: Page 7, No. 3.5 of your Criminal Law Syllabus : CHEATING IS STRICTLY PROHIBITED. Once caught
cheating, the student will automatically get a grade of 5.00 on the given examination for the first offense. For second
offense, he/she will automatically fail the subject

RETURN THE QUESTIONNAIRE. NO QUESTIONNAIRE, NO CREDIT.

Write TRUE if the statement is correct and FALSE if the statement is incorrect. No need to
explain why.

1. In the case of punishable games specified by the law and considered gambling, it is necessary
that there should be actual betting involved. FALSE
2. A CONDUCTOR is the person who sets up and furnishes the means with which to carry on the gambling
game or scheme. FALSE
3. A mere bystander or spectator in a gambling game is criminally liable, because the law makes the
mere presence in a gambling house an offense. FALSE
4. There is no lottery when there is full value for money and the prize is merely incidental. TRUE
5. Mere possession of lottery tickets or lottery lists is already a crime punished also as part of
gambling. FALSE
6. Suppose you are the owner of a boat, and there is gambling going on in it. You are instantly liable
because it is your boat and you are presumed aware of the illegal activities happening therein. FALSE
7. In ARTICLE 196 Importation Sale And Possession Of Lottery Tickets Or Advertisements. The possession
of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use
the same. TRUE
8. Totalizer is an employee whose job is to register and indicate the number and nature of bets made on
horse races. FALSE
9. Horse Races are allowed during: Sundays not reserved, 24 Saturdays, Legal Holidays EXCEPT:
Independence Day June 12, Rizal Day Dec 30, Any Registration or Voting day (May9), local : last Monday
of October, Black Saturday, Holy Thursday and Good Friday. FALSE
10. Cockfighting is allowed during: Sundays, Legal Holidays EXCEPT: Rizal Day, Independence Day, Holy
Thursday, Good Friday, Election or Referendum Day, During the Registration days for election or
referendum ONLY. FALSE
11. Only allows one cockpit per city, unless the population exceeds 100,000 in which case two cockpits
may be established. FALSE
12. In public place, the criminal liability arises irrespective of whether the immoral act is open to the public
view. In short public view is not required. TRUE
13. When act offensive to decency is done in a private place, at least one witness is required for it to be
considered grave scandal. FALSE
14. Mere possession of obscene materials is punishable in the crime of IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND INDECENT SHOWS under ARTICLE 201. FALSE
15. Vagrancy is a crime under Article 202 entitled ARTICLE 202 VAGRANTS AND PROSTITUTES. FALSE
16. A man can never be a prostitute under Article 202. TRUE
17. A girl had sex with a man for 6 months. During those months, the man did not pay her although
he did keep promising to give her the money. The girl is considered a prostitute. TRUE
18. A woman who asks for a Secosana bag for her mother, a bottle of Fundador for her father and a Cherry
Mobile Phone for her baby brother for every sexual act is not prostitute because she gets nothing for
herself in return. These items are of small value and cannot be equated to consideration. FALSE
19. Employees of Government-Owned and Controlled Corporations (GOCCs) are considered public
officers? TRUE
20. MALFEASANCE is the Improper performance of some act which might lawful done. When a public officer
performs official acts in the manner not in accordance with what the law prescribes. FALSE
21. Only a judge of the Regional Trial Courts (RTC) can be held liable under Article 205, 206 and 207. FALSE
22. A motion for reconsideration is considered an Interlocutory Order. FALSE
23. Mere DELAY IN THE ADMINISTRATION OF JUSTICE is punishable under Article 207. FALSE
24. Only fiscals, prosecutors or the officers of the Ombudsman can be held liable under Article 208
PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE. FALSE
25. If the crime was qualified bribery, the dereliction of the duty punished under Article 208 of the
Revised Penal Code should be a separate offense. Offender will be charges of separate crimes of Qualified
Bribery and Dereliction of Duty. FALSE
26. When the attorney acts with malicious abuse of his employment or inexcusable
negligence/ignorance, there must be damage caused to the client AT ALL TIMES for liability to attach
under Article 209. TRUE
27. If the client consents to the attorneys undertaking of the opposite partys defense after being
manipulated by the counsel, there is no crime committed. FALSE
28. It is not the duty of the lawyer to give advice on the commission of a future crime. It is, therefore,
not privileged in character. TRUE
29. Under the first form of bribery, if the gift is not accepted by the public officer, only the person offering the
gift or present is criminally liable for attempted corruption of public officer under Article 212 in relation to
Article 6. The public officer is not liable. FALSE
30. There is no attempted or frustrated direct bribery because it is committed by accepting gifts
offered to the public officer by reason of his office. If he does not accept the gifts, he does not commit
the crime. If he accepts the gifts, it is consummated. FALSE
31. The Elements of Direct Bribery are as follows (1) That the offender is a public officer; (2) That he accepts
gifts; and (3) That the said gifts are offered to him in consideration of his office. FALSE
32. If the crime committed is punishable by a penalty less than reclusion perpetua, the public officer is
liable under Article 211-A Qualified Bribery. FALSE
33. The crime of illegal exaction may be complexed with malversation because illegal exaction is a necessary
means to be able to collect the P100.00 excess which was malversed. TRUE
34. The crime of illegal exaction requires actual damage to the government. FALSE
35. On the third form of illegal exaction, under the rules and regulations of the government, payment of
checks not belonging to the taxpayer, but that of checks of other persons, should not be accepted to
settle the obligation of that person. This rule applies even if the check is managers or certified checks.
FALSE
36. Malversation is also called embezzlement. TRUE
37. The penalty for malversation is the same whether committed with malice or through negligence
or imprudence. TRUE
38. The return of the funds malversed is ordinary justifying, but not exempting circumstance. FALSE
39. Demand is NOT necessary in malversation. Damage to the government is also not necessary. But
Direct Evidence is required in Malversation. FALSE
40. Only public properties can be the object of Malversation. FALSE
41. In the crime of FAILURE OF ACCOUNTABLE OFFICER (Art.218), It is necessary that there be
misappropriation of public funds. FALSE
42. In ARTICLE 219 FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY, the offender must have unlawfully left (or be on the point of leaving) the Philippines
without securing from the Commission on Appointment, a certificate showing that his accounts
have been finally settled. FALSE
43. In Technical Malversation (Art.220), offender will not be liable if the misapplication made proved to be
more beneficial to public interest than the original purpose for which the amount or property was
appropriated by law. FALSE
44. In the crime of Evasion through Negligence, the fact that the public officer recaptured the prisoner who
had escaped from his custody does afford complete acquittal. FALSE
45. Art. 225(ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER) is NOT
applicable if a private person was the one who made the arrest and he consented to the escape of the
person he arrested. TRUE
46. To be liable for the crime of REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS, the removal
concealment and destruction must always be for illicit/illegal purpose. FALSE
47. A fireman was asked by a private person for services but was refused by the former for lack of
consideration. It was held that the crime is Refusal of Assistance under Art. 233. FALSE
48. If as a result of the maltreatment (Art. 235), physical injuries were caused to the prisoner, a
complex the crime of physical injuries with the maltreatment is committed. FALSE
49. In Abandonment of Office (Art. 238), it is not necessary that there be written or formal resignation from
the public officer, it is sufficient that the resignation be it verbal or written is not yet accepted by his
superior. FALSE
50. In the crime of Usurpation of Legislative Powers, the offender is any judicial officer. FALSE
51. In the crime of Unlawful Appointments, the offense is committed when a public officer recommends a
person to public office knowing that such person lacks the legal qualification for the position. FALSE
52. The crime of abuse against chastity cannot be committed if the warden is a woman and the prisoner is
a man. TRUE
53. In Paricide, That the deceased is the father, mother, or child, whether legitimate, illegitimate or
adopted, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the
accused. FALSE
54. Husband killed his wife. On the day of the killing, a judgment of Annulment had just become final without
the husband knowing it. Therefore, the crime is still Paricide because the husband was not aware of the
judgment. FALSE
55. In the crime of DEATH INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES, the law provides that the
victim is to be killed instantly by the accused after surprising his spouse in the act of intercourse.
FALSE
56. Treachery and Evident Premeditation are inherent in murder by means of Poison BUT the Use of
Poison is not inherent in murder. TRUE
57. Evidence of intent to kill is important in consummated, attempted or frustrated homicide in these cases,
if there is no intent to kill, the crime is physical injuries. FALSE
58. In the crime of PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY (Art. 252), the victim may be
a participant or non-participant thereof. FALSE
59. Suicide is lawful. TRUE
60. A person cannot be held liable for discharge if the gun was not pointed at the offended party when it
fired, even if it was initially aimed at the offended party. FALSE
61. INFANTICIDE It is the killing of any child three days of age and below, whether the killer is the
parent or grandparent, any other relative of the child, or a stranger. FALSE
62. In Infanticide, only the mother of the child is entitled to the mitigating circumstance of concealing
the dishonor. FALSE
63. If the fetus could sustain an independent life (the fetus must have had an intrauterine life of
not less than 7 months) after its separation from the maternal womb, and it is killed, the crime is
abortion. FALSE
64. If the abortion is produced by a physician to save the life of the mother, there is no liability. This is
known as a THERAPEUTIC ABORTION. TRUE
65. A pharmacist will only be liable for Abortion if abortion turns out to be successful. FALSE
66. Serious physical injuries is committed when the injured person becomes ill or incapacitated for labor for
30 days or more. FALSE
67. When the injury created a deformity upon the offended party, you disregard the healing duration
or the period of medical treatment involved. It is AUTOMATICALLY considered serious physical
injuries. TRUE
68. Rape can only be committed by men. FALSE
69. A complaint for RAPE must be filed by the offended woman or her family members only. FALSE
70. There can be no rape between two married individuals. FALSE
ESSAY (3O POINTS)
A. During a town fiesta, a free-for-all fight erupted in the public plaza. As a result of the tumultuous
affray, Mr. Rodrigo sustained one fatal and three superficial stab wounds. He died a day after. Antonio,
Leila, Kiko and Risa were proven to be participants in the "rumble", each using a knife against Rodrigo,
but it could not be ascertained who among them inflicted the mortal injury. Who shall be held
criminally liable for the death of Rodrigo and for what, and why? (4pts)

Antonio, Leila, Kiko and Risa being participants in the tumultuous affray and having been proven to
have inflicted serious physical injuries, or at least, employed violence upon Rodrigo, are criminally liable
for the latter's death. And because it cannot be ascertained who among them inflicted the mortal injury
on Rodrigo, there being a free-for-all fight or tumultuous affray. Antonio, Leila, Kiko and Risa are all
liable for the crime of death caused in a tumultuous affray under Article 251 of the Revised Penal Code.

B. Mr. Webb killed: (1) a woman with whom he lived without benefit of clergy, (2) their child who was
only two days old, (3) their daughter, and (4) their adopted son. What crime or crimes did Webb
commit against (1) (2) (3) and (4)? (You must write four answers for this number as there were 4
people killed) (4pts)

1.] HOMICIDE or murder as the case may be, for the killing of his common-law wife who is not
legally considered a "spouse"
2.] INFANTICIDE for the killing of the child as said child is less than three (3) days old. (Art. 255,
RPC) However, the penalty corresponding to parricide shall be imposed since A is related to the child
within the degree defined in the crime of parricide.
3.] PARRICIDE for the killing of their daughter, whether legitimate or illegitimate, as long as she is
not less than three (3) days old at the time of the killing.
4.] MURDER for the killing of their adopted son as the relationship between A and the said son
must be by blood in order for parricide to arise.

C. In 1980, Francis, then a resident of Indang, abandoned his wife and their son, Keith, who was then
only three years old. Twenty years later, an affray took place in a bar in Trece Martires City between
Francis and his companions, on one hand, and Keith and his gangster friends, upon the other, without
the father and son knowing each other. Keith stabbed and killed Francis in the fight, only to find out, a
week later, when his mother arrived from Manila to visit him in jail, that the man whom he killed was
his own father. What crime did Keith commit? Explain. (4pts)

1) Keith committed parricide because the person killed was his own father, and the law punishing the
crime (Art. 246, RPC) does not require that the crime be "knowingly" committed. Should Keith be
prosecuted and found guilty of parricide, the penalty to be imposed is Art. 49 of the Revised Penal
Code for Homicide (the crime he intended to commit) but in its maximum period.

ALTERNATIVE ANSWER:
Keith should be held criminally liable only for homicide not parricide because the relationship which
qualified the killing to parricide is virtually absent for a period of twenty years already, such that Keith
could not possibly be aware that his adversary was his father. In other words, the moral basis for
imposing the higher penalty for parricide is absent.

D. Robinson boxed his wife Golda for refusing to sleep with him. He then violently threw her on the floor
and forced her to have sexual intercourse with him. As a result Alma suffered serious physical injuries.
(a) Can Robinson be charged with rape? Explain. (2pts)
(a) Yes. A husband can be charged with the rape of his wife under the new Rape.

(b) Can Robinson be charged with serious physical injuries? Explain (2pts)
(b) Yes, he may be guilty of serious physical injuries. This offense is specially mentioned in Art.
263 [4], paragraph 2 which imposes a higher penalty for the crime of physical injuries in cases
where the offense shall have been committed against any of the persons enumerated in Art 246
(the crime of parricide).

(c) Will your answers to (a) and (b) be the same if before the incident Robinson and Golda
were legally separated? Explain. (2pts)
(c) YES. same answer. If they were legally separated at the time of the incident, then Robinson
could be held liable for rape. A legal separation is a separation of the spouses from bed and
board.

E. Under what situations may a private person enter any dwelling, residence, or other
establishments without being liable for trespass to dwelling? (2pts)
Trespass to dwelling is not applicable to any person who shall enter another's dwelling for the
purpose of: a) Preventing some serious harm to himself, its occupants, or a third person; and b)
Rendering service to humanity or justice;

Any person who shall enter cafes, taverns, inns, and other public houses, while the same are
open will likewise not be liable (Art. 280, Revised Penal Code).

F. O.J. lost his gold necklace bearing his initials. He saw Bobby wearing the said necklace. O.J. asked
Bobby to return to him the necklace as it belongs to him, but Bobby refused. OJ then drew his gun and
told Bobby, "If you will not give back the necklace to me, I will kill you!" Out of fear for his life and
against his will, Bobby gave the necklace to O.J. What offense did O.J. commit? Explain. (4pts)
OJ committed the crime of grave coercion (Art. 286, RPC) for compelling BOBBY, by means of
serious threats or intimidation, to do something against the latter's will, whether it be right or
wrong. Serious threats or intimidation approximating violence constitute grave coercion, not
grave threats. Such is the nature of the threat in this case because it was committed with a
gun, is a deadly weapon.

G. Enumerate at least six (6) qualifying circumstances for Rape. (6pts)


Rape under both acts of committing it is qualified by any of the following:
1. When rape is committed with the use of a deadly weapon or by two or more
persons;
2. When by reason or occasion of rape, the victim has become insane;
3. When the rape is attempted and a homicide is committed by reason of or on the
occasion of rape (special complex crime);
4. When by reason of or on occasion of rape, homicide is committed (special complex
crime);
5. When the victim is under 18 years of age and the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or
the common law spouse of the parent of the victim;
5.1 When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution;
6. When the rape is committed in full view of the spouse, parent, or any of the children
or other relatives within the third civil degree of consanguinity;
7. When the victim is a religious engaged in legitimate religious vocation or calling
and is personally known to be such by the offender before or at the time of the
commission of the crime;
8. When the victim is a child below 7 years old;
9. When the offender knows that he is afflicted with HIV/AIDS or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
10. When committed by any member of the AFP or paramilitary units thereof of the PNP
or any law enforcement agency or penal institution, when the offender took advantage
of his position to facilitate the commission of the crime;
11. When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
12. When the offender knew of the pregnancy of the offended party at the time of
the commission of the crime;
13. When the offender knew of the mental disability, emotional disorder and/or
physical disability of the offended party at the time of the commission of the crime.

RECITATION QUESTION: FOR THOSE WHO FAILED TO RECITE AFTER THE PRELIM EXAM, ANSWER THE
QUESTION BELOW. IF YOU REFUSED TO ANSWER, YOU WILL GET ZERO AS YOUR RECITATION GRADE.

Differentiate Traditional Rape from Sexual Assault.

Classification of Rape

Traditional Rape under Art. 335 carnal knowledge of a woman against her will; in this case, the
offender is always a man and the offended party is always a woman.

Sexual Assault under R.A. 8353 this is committed when the offender inserts his penis to another
persons mouth or anal orifice or by inserting an instrument or object into the genital or anal
orifice of another person

---------------------------------------------------------------BONUS-------------------------------------------------------------

SET A
A. How many presidents were there before President Duterte? (3pts) 15
B. What is the middle initial of Ronald Bato de la Rosa? (2pts) M.
C. A palindrome is a word, phrase, number, or other sequence of characters which reads the same backward as forward,
such as madam or racecar. Give 2 examples of palindromes (2pts) redivider, civic, radar, level, rotor, kayak,
reviver, racecar, redder, madam, and refer
D. Which place in Manila is known as the Walled City. (2pts) INTRAMUROS
E. What are the provinces that consist the acronym CALABARZON? (3pts) Cavite, Laguna, Batangas, Rizal, and
Quezon
F. The song wag ka ng umiyak, theme song of Ang Probinsyano, is an original song of which Filipino band?
(3pts)SUGARFREE
G. What place/country/province do you want to visit, if youre given the chance to travel for free? Why?
(5pts)

SET B

A. How many presidents were there before Erap? (3pts)12


B. What is the middle initial of Manny Pacquiao? (2pts) D.
C. Semordnilap is a word or name that spells a different word backwards like STRESSED = DESSERTS. Give one example of
Semordnilap (2pts) "rewarder" ("redrawer", one who redraws) "dioramas" ("samaroid", resembling a
samara) Shorter examples are "deliver" ("reviled"), Zeus ("Suez"), and "swap" ("paws").
D. What ASIAN COUNTRY is known as the LAND OF THE RISING SUN? (2pts) JAPAN
E. What are the provinces that consist the acronym MIMAROPA? (3pts) Mindoro (divided into Occidental Mindoro and
Oriental Mindoro), Marinduque, Romblon and Palawan.
F. Give (2) two all-girls music group, local or international. (3pts) Expos, Wilson Phillips, The Shirelles, The
Bangles, The Pointer Sisters, Destiny's Child, TLC, The Supremes, spice girls!
G. What place/country/province do you want to visit, if youre given the chance to travel for free? Why?
(5pts)

SET C
A. How many presidents were there before Cory? (3pts)10
B. What is the real name of Vice Ganda? (2pts) Jose Marie B. Viceral
C. Ambigram, a term coined by John Langdon for words made to look the same when inverted or upside down with the help
of calligraphy. Commonly seen in tattoos Example: NOON. Give another example. (2pts) swims, SIS; 1881, 1961,
91016.
D. What city in America never sleeps? (2pts) NEW YORK
E. Give two music bands, local or international, with female vocalist. (3pts) Drive Me To Juliet, up dharma,gracenote,
philia, moonstar, No Doubt.Joan Jett and the Blackhearts.Evanescence.Fleetwood Mac.The Bangles.The
carpenters, the cranberries
F. What place/country/province do you want to visit, if youre given the chance to travel for free? Why?
(5pts)