KOLEHIYO NG LUNGSOD NG LIPA

FINAL EXAMINATIONS
CRIMINAL LAW – BOOK 1

Name: __________________ Score: _______________

Instruction: Encircle the Correct Answer.

1. A theory in Criminal Law which says that a man is occasionally subdued by strange social phenomenon that compels
him to do wrong.

a. Utilitarian Theory b. Positivist Theory

c. Classical Theory d. Eclectic Theory

2. Which of the following is not exempt from the application of penal law in Philippine territory?

a. Consul b. Ambassador
c. Charge d’ affaires d. Minister Plenipotentiary

3. A induced X to kill Y. X killed Y by means of treachery. Should treachery be appreciated also against A, the principal by
inducement?

a. Yes, if he has knowledge that X killed Y by means of treachery.

b. Yes, because there was conspiracy.
c. Yes, because he is a principal by inducement so he is liable for the acts of the principal by direct participation.
d. Yes, because when there is conspiracy, the act of one is the act of all.

4. Habitual delinquency is limited only to the following six felonies:

a. Robbery, Estafa, Malversation, Theft, Serious Physical Injuries, Less Serious Physical Injuries
b. Serious Physical Injuries, Less Serious Physical Injuries, Theft, Robbery, Treason
c. Falsification, Robbery, Estafa, Theft, Serious Physical Injuries, Less Serious Physical Injuries
d. Treason, Falsification, Malversation, Theft, Robbery, Serious Physical Injuries

5. An aggravating circumstance which is not considered in the imposition of penalty.

a. Aggravating circumstance which constitutes the crime itself.

b. Aggravating circumstance which accompanies the commission of the crime.
c. Aggravating circumstance inherent in the commission of the crime.
d. All of the above.

6. The crime of Libel prescribes in:

a. 6 months b. 2 years
c. 1 year d. 6 years

7. According to the order of severity, the penalty next lower in degree from Arresto Mayor is:

a. Destierro b. Prision Correctional

c. Arresto Menor d. Prision Mayor

8. The three-fold rule applies only if a convict were to suffer at least:

a. 4 penalties b. 3 penalties
c. 5 penalties d. 6 penalties

9. Destierro consists of banishment of the convict to a distance of:

a. Not less than 25 kilometers but not more than 250 kilometers radius.
b. Not less than 50 kilometers but not more than 250 kilometers radius
c. Not more than 25 kilometers but not less than 250 kilometers radius
d. None of the above.

10. A, B, C and D, all armed with M-16 rifles, went to the house of the intended victim, X. All four wanted to kill X who they
believed was inside her house. All four riddled the house of X with armalite bullets. It also happened that X did not go home that night.
A, B, C and D committed:

a. Attempted Murder because they did not inflict a mortal would on the intended victim.
b. Malicious Mischief because the house was destroyed due to the felonious act of the four.
c. Impossible crime because that is the only crime committed.
d. Impossible crime with Malicious Mischief because the resulted from the felonious act of the four.

11. If an act needs to be represented but it is not covered by the law, it is the duty of the court to:

a. Render the proper decision and shall report to the Chief Executive through the Department of Justice that said act
should be made the subject of penal legislation.
 b. Render the proper decision and shall report to the House of Congress through the Department of Justice that said act
should be made the subject of penal legislation.
c. Render the proper decision and shall report to the Department of Justice that said act should be made the subject of
penal legislation.
d. Render the proper decision and shall report to the House of Congress through the Chief Executive that said act should
be made the subject of penal legislation.

12. A attacked B with a knife. B ran away and jumped into the river to avoid A. B drowned and died.

a. A is not liable for the death of B because he did not inflict any injury upon B.
b. A is liable only for Grave Threats because that constituted his felonious act.
c. A is liable for the death of B because the proximate cause of the latter’s death was his chasing with a knife.
d. A is not liable for the death of B because the drowning of B was an efficient intervening cause.

13. It is the law which provides that members of the official household or retinue of a foreign ambassador to the Philippines
enjoy the diplomatic immunity of the foreign ambassador if their names are submitted to the Department of Foreign Affairs and provides
reciprocal immunity to the members of the official household or retinue of the Philippine Ambassador.

a. RA 54 b. RA 79
c. RA 74 d. RA 75

14. X killed Y by stabbing him behind. X called for Z, his brother in law, and told the latter that he killed Y. X asked Z to
bury the cadaver of Y to prevent its discovery which Z did.

a. Z is an accessory but is exempt from liability.

b. Z is an accessory and is liable.
c. Z is an accessory but is excused from liability pursuant to Art. 22 of the Revised Penal Code.
d. Z is an accessory but incurs no criminal liability pursuant to Art. 4 of the Revised Penal Code.

15. X burned the clothing drenched in blood he found inside the trunk of the car of his employer because there were already
many worms on the clothing and bad odor was already emitting therefrom. It turned out that the clothing belonged to a murder victim.
X is not an accessory because:

a. He did not destroy the effects or instruments of the crime.

b. He burned the clothing not to prevent the discovery of a crime.
c. He burned the clothing for sanitation purposes.
d. His act of burning the clothing is an absolutory act.

16. Kenzo is being courted by Renz. During her birthday, Renz gave Kenzo a gold bracelet as a gift. Kenzo did not know
that Renz snatched it from Yari.

a. Kenzo is an accessory because she profited by the effects of a crime.

b. Kenzo is an accessory because the law does not require knowledge that the object was stolen.
c. Kenzo is not an accessory because she had no knowledge in the commission of the crime.
d. Kenzo is not an accessory because the crime committed is a violation of PD 1612.

17. He is not a co-conspirator but the moment he comes to know about the conspiracy, he incurs, conforms, and cooperates
by previous or simultaneous acts. However, his act is not equal to or greater than the act committed by the perpetrator of the crime.

a. Accessory b. Principal by inducement

c. Accomplice d. Principal by direct participation

18. A slapped X. B saw the act committed by A. B stabbed and killed X.

a. A and B are both liable for the crime of Homicide. A as an accomplice and B as principal by direct participation.
b. A and B are both liable for the crime of Homicide as principals by direct participation because they performed separate
acts.
c. A is liable as principal in the crime of Physical Injuries and B is liable as principal in the crime of Homicide.
d. A is liable as an accomplice for the crime of Homicide and B is liable as principal by indispensable cooperation for the
crime of Homicide.

19. Justin and Rexor conspired to kill Warlito. Rexor was designated as the triggerman. Pursuant to the conspiracy, Rexor
killed Emerito, not Warlito, because of mistaken identity.

a. Justin and Rexor are both liable for the death of Emerito because when there is conspiracy, the act of one is the act of
all.
b. Justin is equally liable with Rexor because Justin is bound by the acts of Rexor, the designated triggerman.
c. Justin is not liable for the crime committed by Rexor because the killing of Emerito is not the crime conspired upon by
them.
d. Justin is not liable for the death of Emerito because it was a result of mistaken identity.

20. The legal duration of Prision Mayor is:

 a. 12 years and one day to 20 years
b. 6 months and one day to 6 years
c. 6 years and one day to 12 years
d. 6 months and one day to 12 years

21. The penalty to be imposed upon an accomplice in a consummated crime.

a. The penalty lower by two degrees than that prescribed by law for the consummated felony.
b. The penalty next lower in degree than that prescribed by law for the consummated felony.
c. The penalty next lower in degree than that prescribed by law for the frustrated felony.
d. The penalty next lower in degree than that prescribed by law for the attempted felony.

a. It is known as a group of two or more persons confederating, mutually aiding one another for purposes of gain in the
commission of any crime.

a. Band b. Syndicate
c. Cuadrilla d. Armed Men

22. In Habitual Delinquency, the offender shall be sentenced to the penalty provided by law for the last crime of which he
be found guilty and an additional penalty. However, the total of the two (2) penalties to be imposed upon the offender shall in no case
exceed:

a. 10 years b. 20 years
c. 30 years d. 40 years

23. It takes place when a person at the time of his trial for an offense, shall have previously served a penalty to which the
law attaches an equal or greater penalty.

a. Recidivism b. Habitual delinquency

c. Reiteracion d. Quasi-recidivism
24. A and B forcibly dragged X from his house and killed him at a distance of 200 meters away from his house. Dwelling is:

a. Not aggravating because X was not killed in his house.

b. Not aggravating because X was killed away from his house
c. Aggravating because the aggression started from the dwelling of X
d. Aggravating because there was disrespect of the sanctity of the house of X

25. Band consists of:

a. More than three (3) armed malefactors

b. Less than three (3) armed malefactors
c. At least three (3) armed malefactors
d. Three malefactors, one of whom is armed

26. Bruno raped Nadine in front of her husband. The crime is attended by the aggravating circumstance of:

a. Cruelty b. Scoffing
c. Ignominy d. Craft

27. It is considered as an alternative circumstance.

a. Relationship b. Intoxication
c. Degree of Education d. All of the above

28. A and B conspired to beat C and inflict physical injuries upon the latter. In the course thereof, A and B attacked C. A inflicted
physical injuries upon C while B inflicted a mortal wound upon C which caused C’s death. The death of C was not included in the
conspiracy.

a. Only B is liable for the death of C because he inflicted the mortal wound that caused the death of C.
b. A is not liable because the death of C was not conspired upon.
c. A and B are liable for the death of the victim because it is the direct, natural, and logical consequence of the crime
agreed to be committed.
d. A and B are liable separately for their respective acts, that is, A is liable for physical Injuries while B is liable for homicide.

29. A and B are engaged in a ferocious fight. Both are armed with bolos and they were hacking each other. The father of A
arrived and shouted to A “kill him my son!” Eventually, A killed B.

a. The father is a principal by inducement because he exercises moral ascendancy over A.

b. The father is not a principal by inducement because the son, A, already had a reason to kill B.
c. The father is a principal by inducement because A killed B after he uttered the words, “kill him my son!”
d. The father is not a principal by inducement because he was not present at the inception of the attack.
 30. Deborah has a bank deposit of P50,000.00. She was able to withdraw P150,000.00 because of the manipulation made by
Jessie, the manager of the bank, who certified that Deborah has more than the amount to be withdrawn. Jessie is:

a. Liable as principal by direct participation

b. Liable as principal by indispensable cooperation
c. An accomplice
d. Liable as principal by inducement

31. A fine is considered correctional penalty if it :

a. Exceeds P6,000.00
b. Is not less than P200.00 but not more than P6,000.00
c. Is less than P200.00
d. Exceeds P6000.00 but is not more than P8,000.00
32. A and B challenged each other to a fight. In the course thereof, A killed B. A was chased by policemen. A went to C, his friend
and confessed that he killed B. C gave B P10,000.00 which the latter used to elude the authorities.

a. C is an accessory.
b. C is an accomplice.
c. C violated PD 1829. (Obstruction of Justice)
d. C is not an accessory because the crime committed by A is not Murder, Treason, Falsification, Parricide or attempt on
the life of the Chief Executive.

33. When can the penalty of Destierro be imposed?

a. When the death is caused under exceptional circumstances under Article 247 of the Revised Penal Code
b. As a penalty for the concubine in concubinage
c. When after lowering the penalty by degrees, destierro is the proper penalty
d. All of the above

34. In the course of the robbery committed by A, B, and C in the house of X, the robbers killed three occupants of the house
with treachery.

a. A, B and C committed Robbery with Murder

b. A, B and C committed Robbery with Multiple Homicide
c. A, B and C committed Robbery with Multiple Murder.
d. A, B and C committed Robbery with Homicide.

35. Arturo and Luisa are common law spouses. They have been cohabiting as husband and wife for the last 7 years. One day,
Luisa stole the wallet of Arturo containing money.

a. Luisa committed theft and is liable.

b. Luisa committed theft but is not exempt from liability because she is only a common law spouse.
c. Luisa committed theft but is exempt from criminal liability because the exemption includes common-law spouses.
d. Luisa committed theft but is exempt from criminal liability because she lives in the same house.
36. While SPO1 Villanueva was cleaning his gun, he forgot to remove the bullet from his chamber. In the process, he squeezed
the trigger and it fired hitting his wife who died. SPO1 Villanueva is liable for:

a. Illegal Discharge of Firearms and Homicide

b. Illegal Discharge of Firearms with Parricide
c. Reckless Imprudence with Parricide
d. Reckless Imprudence resulting in Parricide

37. It is the duly recorded authorized movements and handling of seized drugs laboratory equipment from the time of
seizure/confiscation to receipt in forensic laboratory to safekeeping to presentation in court to destruction.

a. Chain of command
b. Chain of evidence
c. Chain of custody
d. Chain of seizure

38. A hacked B. He missed hitting B but the blade of the bolo landed at the neck of C who died as a result. Determine the crime
committed by A.

a. A committed Homicide.
b. A committed Homicide and Attempted Homicide.
c. A committed Homicide with Attempted Homicide.
d. A committed Homicide and Grave Threats.

39. A, a pickpocket, stole an item in the bag of another person. When he arrived home, he brought out the said item and was
surprised because the item is his own watch that he lost a month earlier.

a. A committed Theft.
b. A committed Frustrated Theft.
 c. A committed an impossible crime.
d. A committed no crime.

40. It is the conscious and deliberate adoption of means, methods or forms of attack that will ensure the commission of a crime
without risk on the offender arising from the defense to be put up by the victim.

a. Evident premedition b. Inundation

c. Alevosia d. Employment of means to weaken the defense

41. The Battered Woman Syndrome is a/an:

a. Mitigating Circumstance b. Exempting Circumstance

c. Extenuating Circumstance d. Justifying circumstance

42. The conduct of Raiza Cenon aroused the ire of her husband, Empoy. Incensed with anger almost beyond his control, Empoy
could not help but inflict physical injuries on Raiza. Moments after Empoy started hitting Raiza with his fists, Raiza suddenly complained
of severe chest pains. Empoy, realizing that Raiza was indeed in serious trouble, immediately brought her to the hospital. Despite efforts
to alleviate Raiza’s pain, she still died of heart attack. It turned out that she had been suffering from a lingering heart ailment. May
Empoy be held liable for parricide?

a. Yes, because his act of hitting his wife with fist blows, and therewith inflicting physical injuries, is felonious. A person
committing a felonious act incurs criminal liability although the wrongful consequence is different from what he intended.
b. Yes, because the crime of parricide was committed the moment Empoy hit Raiza with fist blows.
c. No, because there is lack of intent to kill and therefore, there can be no crime of parricide.
d. No, because Empoy’s act of taking Raiza to the hospital is desistance on his part and therefore he can no longer be liable.

43. Maui Taylor, a famous actress, bought the penthouse unit of a posh condominium building in Taguig City. Every night, Maui
would swim naked in the private, but open air, pool of her penthouse unit. It must have been obvious to Maui that she could be seen
from nearby buildings. In fact, some residents occupying the higher floors of the nearby residential buildings did indeed entertain
themselves and their friends by watching her swim in the nude from their windows. What crime did Maui commit, if any?

a. None
b. Alarms and Scandals
c. Grave Scandal
d. Immoral Doctrines

44. Out of spite and simply intending to put Gina to shame for breaking off with him, Ritchie emptied a gallon of motor oil on
the school's stairway where Gina usually passed. Gina, unaware of what Ritchie did, used the slippery stairway and slipped, hitting her
head on the stairs. Gina died from brain hemorrhage. What crime did Ritchie commit, if any?
a. Homicide
b. Physical Injuries
c. Reckless Imprudence resulting in homicide
d. None

45. Robert borrowed 100,000,000,000,000 pesos from Kenji and bound to pay the same in 1 year. However, Robert failed to pay
his obligation. What crime did Robert commit, if any?

a. None
b. Estafa
c. Theft
d. Robbery

46. At the Maligaya Disco Club, Leoncio and Evelyn were intimately dancing a very seductive dance number. While gyrating
with their bodies, Leoncio dipped his private parts in Evelyn’s buttocks. Incensed, Evelyn protested, but Leoncio continued and tightly
embraced her. What crime did Leoncio, commit, if any?

a. Unjust vexation
b. Acts of lasciviousness
c. Attempted rape
d. None

47. At the Maligaya Disco Club, Leoncio and Evelyn were intimately dancing a very seductive dance number. While gyrating
with their bodies, Leoncio dipped his private parts in Evelyn’s buttocks. Evelyn did not protest because she thought that this was just
part of the dirty dancing. However, when the music stopped, Leoncio continued to dip his private parts in Evelyn’s buttocks and tightly
embraced her. What crime did Leoncio, commit, if any?

a. Unjust vexation
b. Acts of lasciviousness
c. Attempted rape
d. None

48. A typhoon destroyed the houses of many of the inhabitants of X Municipality. Thereafter, X Municipality operated a shelter
assistance program whereby construction materials were provided to the calamity victims, and the beneficiaries provided the labor. The
construction was partially done when the beneficiaries stopped helping with the construction for the reason that they needed to earn
income to provide food for their families. When informed of the situation, Mayor Maawain approved the withdrawal of ten boxes of
food from X Municipality's feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The
appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on X
Municipality's annual budget. What crime did Mayor Maawain commit if any?

a. None
b. Technical Malversation
c. Malversation of Public Funds
d. Estafa

49. Tata owns a three-storey building located at No. 3 Herran Street. Paco, Manila. She wanted to construct a new building but
had no money to finance the construction. So, she insured the building for P3,000,000.00. She then urged Yoboy and Yongsi, for
monetary consideration, to burn her building so she could collect the insurance proceeds. Yoboy and Yongsi burned the said building
resulting to its total loss. What is the criminal liability of Tata?

a. principal by inducement
b. principal by indispensable cooperation
c. principal by direct participation
d. accessory

50. While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid Dulcinea. Realizing that the
affair was going nowhere, Dulcinea told Romeo that she was going back to the province to marry her childhood sweetheart. Clouded by
anger and jealousy, Romeo strangled Dulcinea to death while she was sleeping in the maid’s quarters. The following day, Romeo was
found catatonic inside the maid’s quarters. He was brought to the National Center for Mental Health (NCMH) where he was diagnosed
to be mentally unstable. Charged with murder, Romeo pleaded insanity as a defense. Is Romeo’s defense tenable?

a. No, Romeo’s defense of insanity will not prosper. Insanity as a defense to the commission of a crime must have existed
and proven to have been existing at the precise moment when the crime was being committed.
b. No, Romeo has intent to kill.
c. Yes, Romeo is indeed insane as proven by the fact that he was brought to the NCMH.
d. Yes, Romeo is just saving his marriage with his legal wife and therefore, he has the right to kill the maid

51. Sopia Valdes is a very beautiful and a very famous actress in the Philippines. On 24 April 2018, she went to Masasa, Tingloy
with her boyfriend, Enrigue Gin, her best friend, Kathy Halili, and her best friends’ boyfriend, Empoy. After swimming the whole day,
they drank whisky and wine until the break of dawn. Sopia was already feeling tipsy and therefore, she went to her room earlier than
her three companions. While she was daydreaming, she felt someone trying to undress her. Thinking that it was her boyfriend Enrigue,
she undressed herself and had sexual intercourse with the man. It turned out that it was Empoy and not Enrigue who had sex with her.
Empoy was prosecuted for the crime of rape. Is Empoy guilty of rape?

a. Yes, rape is committed by a man having carnal knowledge of a woman who is unconscious.
b. Yes, rape is committed by a man having carnal knowledge of a woman without the latter’s consent.
c. No, because Sopia Valdes is negligent and not unconscious. The one to be blamed, if any, is Sopia.
d. No, because Empoy is her best friend’s boyfriend and it is quite impossible for Empoy to commit the said crime.

52. Sopia Valdes is a very beautiful and a very famous actress in the Philippines. On 24 April 2018, she went to Masasa, Tingloy
with her boyfriend, Enrigue Gin, her best friend, Kathy Halili, and her best friends’ boyfriend, Empoy. After swimming the whole day,
they drank whisky and wine until the break of dawn. Sopia was already feeling tipsy and therefore, she went to her room earlier than
her three companions. She was already asleep when she felt Enrigue, her boyfriend, having carnal knowledge of her. Since she loves her
boyfriend very much, she let Enrigue to continue what he was doing to her. The following day, however, Enrigue broke up with Sopia,
saying that he impregnated her best friend, Kathy. Sopia then filed a case for the crime of rape against Enrigue. Is Enrigue guilty of rape?

a. No, there was consent between Enrigue and Sopia when they had sexual intercourse.
b. Yes, rape is committed by a man having carnal knowledge of a woman who is asleep or unconscious, and the fact that
Sopia did not interpose any objection is immaterial since the crime has already been consummated.
c. No, the case filed by Sopia is mere retaliation against Enrigue.
d. Yes, rape is committed by a man having carnal knowledge of a woman without the latter’s consent.

53. 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. habitual delinquency
c. reiteracion
d. quasi-recidivism

54. The period of prescription of crimes punishable by death.

a. 20 years
b. 15 years
c. 10 years
d. 40 years

55. It means that the resulting injury is greater than that which is intended.
 a. Aberratio ictus
b. Error in personae
c. Dura Lex Sed lex
d. Praeter Intentionem

56. It means mistake in the blow.

a. Aberratio Ictus
b. Error in Personae
c. Dura lex sed lex
d. Praeter Intentionem

57. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony
before beginning to serve such sentence, or while serving the same.

a. quasi-recidivism
b. recidivism
c. reiteracion
d. charivari

58. Persons who take direct part in the execution of a crime.

a. accomplices
b. accessories
c. instigators
d. principals

59. The complainant, Ebanghelina Castrada, an eighteen-year old mental retardate with an intellectual capacity between the
ages of nine and twelve years, when asked during the trial how she felt when she was raped by the accused, replied "Masarap, it gave me
much pleasure." With the claim of the accused that the complainant consented for a fee to the sexual intercourse, and with the foregoing
answer of the complainant, would you convict the accused of rape if you were the judge trying the case?

a. Yes, I would convict the accused of rape. Since the victim is a mental retardate with an intellectual capacity of a child
less than 12 years old, she is legally incapable of giving a valid consent to the sexual intercourse.
b. Yes, because of fraudulent machination.
c. No, because the supposed rape gave the victim much pleasure.
d. No, because there was consent.

60. Pia, a bold actress living on top floor of a plush condominium in Makati City sunbathed naked at its penthouse every Sunday
morning. She was unaware that the business executives holding office at the adjoining tall buildings reported to office every Sunday
morning and, with the use of powerful binoculars, kept on gazing at her while she sunbathed. Eventually, her sunbathing became the
talk of the town. What crime did the business executives commit, if any?

a. None
b. Acts of lasciviousness
c. Unjust vexation
d. Attempted rape

61. Procopio, a call center agent assigned at a graveyard shift, went home earlier than usual. He proceeded immediately to their
bedroom to change his clothes. To his surprise, he found his wife Bionci in bed making love to another woman Magna. Enraged, Procopio
grabbed a knife nearby and stabbed Bionci, who died. What crime did Procopio commit if any?

a. parricide
b. death under exceptional circumstances
c. murder
d. homicide

62. Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense again for a person to join the
Communist Party of the Philippines. Reporma, a former high-ranking member of the Communist Party, was charged under the new law
for his membership in the Communist Party when he was a student in the 80’s. What principle of criminal law was violated, if any?

a. prospectivity
b. territoriality
c. generality
d. none

63. Which one is not a qualifying aggravating circumstance?

a. Price, reward or promise b. night time

c. with the aid of armed men d. scoffing at the corpse of the dead.

64. Gerry raped Joanna. Not satisfied in abusing the lady, after satisfying his lust, Gerry secretly took the panty of Joanna as a
remembrance. Gerry committed:
 a. Robbery with Rape b. Robbery and Rape
c. Rape and Theft d. Rape and Robbery

65. Giannis chanced upon three men who were attacking Lebronze with fist blows. Kyrie, one of the men, was about to stab
Lebronze with a knife. Not knowing that Lebronze was actually the aggressor because he had earlier challenged the three men to a fight,
Giannis shot Kyrie as the latter was about to stab Lebronze. May Giannis invoke the defense of a stranger as a justifying circumstance in
his favor?

a. Yes, Giannis may invoke the justifying circumstance of defense of stranger since he was not involved in the fight and
he shot Kyrie when the latter was about to stab Lebronze. There being no indication that Giannis was induced by revenge, resentment
or any other evil motive in shooting Kyrie, his act is justified under par. 3, Art. 11 of the RPC.
b. Yes, because Lebronze is too scared to fight Kyrie and he needs the help of Giannis to live.
c. No, because Lebronze is the unlawful aggressor.
d. No, because not all the elements of defense of stranger are extant.

66. Julya Barreto had been married to Alfred Mendoza for 10 years. Since their marriage, Alfred had been jobless and a drunkard,
preferring to stay with his "barkadas" until the wee hours of the morning. Julya was the breadwinner and attended to the needs of their
three (3) growing children. Many times, when Alfred was drunk, he would beat Julya and their three (3) children, and shout invectives
against them. In fact, in one of the beating incidents, Julya suffered a deep stab wound on her tummy that required a prolonged stay in
the hospital. Due to the beatings and verbal abuses committed against her, she consulted a psychologist several times, as she was slowly
beginning to lose her mind. One night, when Alfred arrived dead drunk, he suddenly stabbed Julya several times while shouting
invectives against her. Defending herself from the attack, Julya grappled for the possession of a knife and she succeeded. She then
stabbed Alfred several times which caused his instantaneous death. Medico-Legal Report showed that the husband suffered three (3)
stab wounds. What defense is available to Julya?

a. Battered Woman Syndrome

b. Defense of children
c. Defense of strangers
d. Defensive Foul

67. Which of the following has the power to define and punish crime?

a. The legislative
b. The Chief Executive
c. The Supreme Court
d. Sandiganbayan
e. Trial Courts

68. Which of the following is not a limitation on the power of the legislative to enact penal laws?

a. Prohibition against Bill of Attainders or Ex-post facto law.

b. Equal Protection of the law
c. Prohibition against cruel, degrading, or inhuman punishment or imposition of
excessive fines.
d. Abridgment of the obligation of contract.

69. Which of the following is not a characteristic of penal law?

a. Generality
b. Territoriality
c. Prospectivity
d. Retroactivity when favorable to accused
e. Adjective or Remedial

70. Which rule on jurisdiction over crimes committed on foreign vessels while on Philippine waters is not followed in the
Philippines?

a. The French Rule – The crimes are not triable in the Philippines unless the crimes affect the peace and security, or safety of
the Philippines is endangered.
b. The Anglo-American Rule or the English Rule – the crimes are triable in the Philippines unless the crimes affect merely the
internal management of the vessel.
c. If the foreign vessel is a warship, Philippines Courts have no jurisdiction because a warship is an extension of the country to
which it belongs and it is not subject to the laws of another state.
d. The Philippines Courts have jurisdiction to try continuing crimes committed in a vessel sailing from a foreign port into
Philippines waters, even if the crimes are not punishable in the foreign country were the vessel comes from the crimes are punishable
under Philippine laws.

71. When does the repeal of penal law not extinguish a crime?

a. The repeal of a law under which there is pending case against the accused at the time of repeal.
b. The repealing law wholly fails to penalize the acts defined and penalized in the repealing law.
c. Implied repeal or repeal by re-enactment.
d. None of the Above
 72. An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to surrender, refused to do so and instead
answered the latter with a stroke of his lance, the policeman in pursuing the prisoner fired his revolver and caused the death of the
prisoner, Is the act of the policeman on resorting to extreme means will always be justified?

a. Yes, since an arresting officer is required to act within the performance of his duty, he must stand his ground and cannot, like
a private individual, take refuge in fight, his duty requires to overcome his opponent:
b. No, it was provided under the Rule of Court that no violence or unnecessary force shall be used in making an arrest. Such
provision accepts no exception:
c. It depends, the reasonableness of the force employed by the arresting officer must be adjudged in the light of the
circumstances as they appeared to the officer at the time he acted, and the means is generally considered to that which an ordinary
prudent and intelligent person with the knowledge would have deemed necessary under the circumstances.

72. Which of the following is not a source of criminal law?

a. The Constitution
b. Acts of legislature
c. Presidential Decrees and Executive Orders issued by Marcos during Martial Law, and by Cory Aquino during her
Revolutionary Government.
d. Implementing rules and regulations providing a penalty as authorized by the basic law.

73. Which of the following is an absolutory cause?

a. Aberratio ictus
b. Praeter intentionem
c. Mistake of fact
d. Proximate cause
e. Error in persona
f. Impossible crime

74. Which of the following is a crime malum in se?

a. Offenses punished by the Revised Election Code, a special law, for the omission or failure to include a voter’s name in the in
the registry list of voters.
b. Illegal possession of firearms
c. Violation of BP 22 for issuing a bouncing check
d. Offenses defined and punished by the Revised Penal Code.
e. Dangerous Drugs Law

75. Which of the following is not a justifying circumstances?

a. Self-defense
b. Defense of property
c. Defense of honor
d. Defense of relatives
e. Accident
f. Avoidance of greater evil or injury
g. Battered woman syndrome
h. Defense of strangers

Explain: (5 pts. Each)

1.) The Doctrine of “Pro Reo”.

2.) The Difference between Principle of Generality and Territoriality
3.) The Difference between Prescription of Crime and Prescription of Penalty
4.) The Difference between Ignominy and Cruelty
5.) The Difference between Qualifying and Inherent Aggravating Circumstance

Prepared by: Approved by:

Atty. Mar Al Kriston D. Lipat, J.D. Dr. Eva Y. Suarez

Instructor Dean- College of Criminology

Noted By: Noted by:

Dr. Fortunata Endaya Mr. Carmelo Pesa, CPA

VP for Academics and Research President- KLL