CRIMINAL LAW 1 7.

Which among the following information shall the court consider in

Test Questions determining whether one may be placed on probation?
a. character of the applicant
1. Pardon cannot be extended to: b. antecedents and environment
a. Murder b. Rape c. impeachment d. Plunder c. his mental condition
d. physical condition of the offender
2. What do you call the commission of another crime during service of e. all of the above
penalty for a previous offense committed by the offender?
a. recidivism 8. Amnesty can be granted only if there is:
b. habitual delinquency a. Concurrence of Congress b. Supreme Court sanction
c. quasi recidivism c. People’s approval d. approval of world opinion
d. reiteracion
9. Probation is a form of:
3. A person who is arrested and legally placed in jail but is not yet convicted a. treatment
by the court is a: b. leniency
a. Criminal c. reward
b. Detained Prisoner d. punishment
c. Jail Prisoner
d. Suspect 10. This is given to the offender by showing to others what would happen if
they commit a crime.1
4. A detention prisoner escaped from custody while being transported from a. protection
the courtroom back to the city jail. What crime did he commit? b. lethal injection
a. evasion of service of sentence c. escaped artist c. deterrence
b.disloyalty of prisoner d. no crime d. stoning

5. The justifications for punishment are the following EXCEPT: 11. What penalty prohibits you from entering a designated place normally
a. happiness within a radius of not more than 250 and not less than 25 kilometers therein?
b. retribution a. fine
c. deterrence b. bond to keep the peace
d. expiation c. curfew
d. destierro
6. Pardon by the President is only exercised when the accused is _____
a. already convicted 12. What is the fraction of deducted sentence that is granted to one who
b. before conviction escaped on the occasion of a disorder if he surrendered himself within 48
c. about to be convicted
d. a former President
1
hours after the issuance of the proclamation announcing the termination of
such calamity? 18. Who grants amnesty?
a. ½ b. 1/3 ¼ c. 1/5 a. President of Fejodap c. Chief Executive
b. Justice Secretary d. Supreme Court
13. Under Article 70 of the RPC, the duration of service of a life termer is:
a. 20 years 19. When the president changes the penalty to a less serious penalty or
b. 30 years actually makes it shorter than what is imposed by the court, he is exercising:
c. 40 years a. reprieve
d. 25 years b. pardon
c. commutation
14. When does probation order take effect? d. all of the above
a. 3 days after issuance
c. immediately upon issuance 20. _____ is not a matter of grace. The convict is not entitled to it as a matter
b. 3 days prior to issuance of right.
d. 72 hours after issuance a. reprieve
b. pardon
15. The son cannot be held liable for the crime of his father. This is so, c. commutation
because nobody should suffer for the crime of another. What juridical d. all of the above
condition of penalty is this? 21. As a general rule, all persons in custody is entitled to bail as a matter of
a. personal _____.
b. certain a. fact
c. legal b. principle
d. exemplarity c. right
d. discretion
16. What do you call the postponement or temporary stay of the execution of
the sentence? 22. Who advocated the free will theory of crime causation?
a. amnesty a. Cesare Lombroso b. Cesar Montano c. Julius Cesare d. Cesare
b. pardon Beccaria
c. commutation
d. suspension 23. The existence of an accomplice presupposes the existence of:
e. reprieve a. principal by direct participation
b. principal by inducement
17. One who receives an absolute pardon is _____ from civil liability. c. principal by indispensable cooperation
a. exempted d. any one of these or all of these
b. not exempted
c. forgiven 24. What kind of property may be seized and be the object of searched?
d. partly exempted a. fruits of the offense
b. those intended to be used in committing the offense 31. Anti Sexual Harassment Law is:
c. subject of the offense a. RA 7610
d. stolen or embezzled property b. RA 9346
e. all of the above c. RA 7877
d. RA 7160
25. What is the questioning initiated by law enforcer when a person has been
taken into custody? 32. It is a disposition under which a defendant after conviction is released,
a. interview subject to conditions made by the court and supervision of a probation officer.
b. interrogation a. parole
c. chika minute b. pardon
d. custodial investigation c. probation
d. amnesty
26. If proof is the outcome of evidence, then what is evidence?
a. instrument of proof c. proof beyond doubt 33. A warrant may only be issued upon probable cause. How is probable
b. corpus delicti d. silver platter cause determined?
a. it is determined personally by the judge
27. As a general rule, a warrant (of arrest) is directed to be served in: b. after examination under oath or affirmation
a. anytime of the day or night c. any day except Sunday c. of the complainant and the witnesses he may produce
b. daytime only d. only at nighttime d. particular description of the person or place
e. all of the above
28. Which among the following privilege may be availed of by 1st time
offenders for imprisonment not exceeding 6 years? 34. Which of the following best describes the classical theory?
a. conjugal visit a. there are born criminals and these can be shown by certain stigmata’s
b. pardon b. criminal behavior is learned in the interaction with others
c. probation c. basis of criminal liability is free will and purpose of penalty is retribution
d. justifying circumstance d. criminals may be classified into ectomorph, mesomorph and endomorph
body types.
29. Which among the following undergoes preventive imprisonment?
a. probation officer 35. X was convicted of crime with less than 6 years imprisonment. X will be
b. parole officer denied probation if:
c. probationer a. he is convicted of any crime against national security or public order
d. detention prisoner b. he has been once under probation
c. he was previously convicted of offense punished by not less than one
30. Any person under investigation shall have the right to___ month and one day imprisonment
a. remain silent c. be informed of these rights d. all of the above
b. have independent counsel d. all of these
36. What is involved when a criminal is made incapacitated to commit a 42. These are sets of law that control the action of the criminal justice and
crime in the future? define the rights of the defendant.
a. incapacitation A. criminal law
b. mutilation b. civil law
c. retribution c. remedial law
d. imprisonment d. labor law

37. The theory in criminology that the stress is more on the effects on the 43. The Philippine Criminal Law promulgated in 1433.
felonious acts of the criminal rather than upon the criminal himself. a. Code of Kalantiaw
a. positivist b. Spanish Penal Code
b. classical c. Codigo penal de Espana
c. neo classical d. Code of Hammurabi
d. hedonism
44. The preliminary investigation of offense within the jurisdiction of the
38. If you violate your probation conditions what will the court do? Sandiganbayan is conducted by:
a. the judge will cry a.public prosecutor c. ombudsman
b. the prosecutor will sing b. justice secretary d. IBP officers
c. the judge will revoke the probation
d. the judge will extend the probation 45. In this stage, the accused will be brought before the court to apprise him
of the charges against him.
39. Parole, pardon, commutation, reprieve are examples of: a. custodial investigation c. arraignment
a. question in the board b. promulgation of judgment d. plea bargaining
b. executive clemency
c. presidential Decree’s 46. Who represents the State in criminal proceedings?
d. imprisonment a. judge
b. clerk of court
40. X was sentenced by Judge Y to Reclusion Perpetua. If Judge Y died while c. policeman
X was serving his sentence what happens to the sentence of X? d. public prosecutor
a. remains the same (no effect) c. X will stay longer in jail 47. These refer to the written allegations of the parties of their respective
b. X will be released claims and defenses submitted to the court for trial and judgment. Examples
d. It will be abolished of these are complaint, information, affidavit, motion dismiss etc.
a. court papers c. pleadings
41. When a penalty has a minimum and maximum period, we refer to them b. motions d. mere scraps of paper
as:
a. indeterminate sentence c. suspended sentence 48. A process in the criminal justice which means the questioning initiated
b. determinate sentence d. complex crime by law enforcers after a person has been taken into custody or deprived of his
freedom of action in any significant way. It is defined by RA 7438.
a. preliminary investigation c. credit
investigation 54. What is present when the killing of a person is considered beforehand
b. background investigation d. custodial and that it was motivated more than by a simple desire to engage in acts of
investigation. violence?
a. cruelty
49. Which among the following is a part of custodial investigation? b. treachery
a. police line up c. evident premeditation
b. invitation to appear in police station d. lack of foresight
c. mug shots
d. taking of fingerprints 55. It is an inherent power of the _____ to compel the attendance of
witnesses in a case pending before them.
50. X is frustrated because he lost his wallet containing twenty pesos. He a. courts
therefore has no more money to buy food and medicine. While walking along b. policeman and NBI authorities
the street, he saw a lady counting her money she had just withdrawn from an c. prosecutors
Automated Teller Machine. X thought of taking the money from the lady by d. all of the above
force. What crime is committed by X?
a. robbery b. theft c. sin d. no crime 56. Which among the following is the following is the best and highest proof.
It speaks more eloquently than a hundred witnesses.
51. When an offender has performed all the felonious acts but he failed to a. real evidence (object) c. documentary
produce the felony for some reason or another, the crime is: evidence
a. attempted b. testimonial evidence d. solid evidence
b. frustrated
c. consummated 57. For purposes of identification, the accused must appear in court; this
d. impossible means that there must be _____ of the accused.
a. appearance by lawyer c. appearance fees
52. It has endeavored to establish a mechanical and direct proportion b. appearance by proxy d. personal appearance
between crime and penalty and there is scant regard to the human element.
a. classical theory 58. A stabbed B. A became remorseful and brought B to the hospital. The
b. positivist theory wound was almost fatal had it not for medical intervention. B did not die.
c. strain theory What crime is committed by A?
d. none of the above a. attempted felony
b. frustrated felony
53. It is a human act punishable by the Revised Penal Code. c. physical injury d. no crime
a. offense
b. crime 59. It is a process issued by a court after conviction to carry out the final
c. felony judgment, such as commanding a prison warden to hold the accused in
d. infraction
accordance with the terms of the judgment. It is carrying into effect the c. offender does not perform all the acts of execution which should produce
judgment of the court. the felony
a. mittimus d. the offender’s act is not stopped by his own spontaneous desistance
b. commitment order e. the non performance of all the acts of execution was due to cause or
c. arrest warrant accident.
d. order of confinement f. the offender confesses his guilt to the police

60. What is the purpose of bail? 65. X mixed poison to the food of Y. After Y had eaten a spoonful or two of
a. added source of income for the government the food prepared by X, Y threw them away as he did not like its taste. Y did
b. to protect the 4th amendment rights of the accused not die. What crime is committed by X?
c. to obtain temporary release of accused while under trial a. attempted murder
d. to keep the accused in jail until trial b. frustrated murder
c. consummated murder d. impossible
61. It is one in which all the ingredients of the offense are committed in one crime
place only.
a. continuing crimes 66. X (man) dragged a woman to an isolated rice field about a few meters
b. local crimes away from where she was. Because of the constant shouts for help of the
c. transitory crime woman X let him go and X run away. What crime was committed?
d. complex crime a. attempted rape c. grave threats
b. illegal detention d. acts of
62. A crime in which some acts material and essential thereto occur in one lasciviousness
province and some in another.
a. instant crime 67. X with intent to kill stabbed Y at least two times, as a result Y fell to the
b. local crimes ground. X was to stab again Y for the second time but he noticed that Y was
c. transitory crime no longer moving and breathing. X thought that Y was already dead so he
d. complex crime hurriedly left. Unknown to him Y was just feigning death. After X left, Y
immediately went to a nearby hospital. What crime was committed assuming
63. Intervention of the victim in the criminal action is not allowed in the the wounds are mortal or fatal but Y did not die because of the skillful
following EXCEPT: medical intervention?
a. when he has not waived the civil action a. attempted felony b.
b. when he has waived the civil action frustrated felony
c. when he has filed the civil action ahead of the criminal action c. consummated felony
d. when he has expressly reserved the right to institute the civil action d. none of the above
separately. 68. X with intent to kill stabbed Y at least two times, as a result Y fell to the
64. The following are requisites of attempted felony EXCEPT: ground. X was to stab again Y for the second time but he noticed that Y was
a. offender commences the commission of a felony no longer moving and breathing. X thought that Y was already dead so he
b. the commission of a felony is done by overt acts hurriedly left. Unknown to him Y was just feigning death. After X left, Y
immediately went to a nearby hospital. What crime was committed assuming d. consummated rape
the wounds are not mortal or not fatal, hence not sufficient to cause death?
a. attempted felony b. 73. Dr. X had long wanted to kill Y his brother. So one night he mixed
frustrated felony whitish substances (arsenic) on the soup of the latter. When the brother had
c. consummated felony already finished his meal including the soup with poison, Dr. X had a sudden
d. none of the above change of heart and decided to save the life of the brother by employing his
knowledge in toxicology. He immediately administered an antidote. The
69. A waylaid B in the hope of getting a watch. But B left the watch. A antidote administered by Dr. X prevented the death of the brother. What
pointed his gun to B. But since B had no watch in him, A let him go crime was committed by Dr. X?
unmolested. What crime was committed? a. attempted parricide b. physical
a. attempted felony b. injury
frustrated felony c. frustrated parricide
c. consummated felony d. consummated parricide
d. none of the above
74. It is that point in the commission of the crime where the actor has still
70. A shot B producing a wound sufficient to cause death. However a twist of control over his acts and its natural course.
fate happened when A suddenly began to feel sorry for B. So A himself a. objective phase b. subjective phase
treated the wounds sustained by B. B did not die as a result. What crime was c. proactive phase
committed by A? d. reactive phase
a. frustrated felony b. physical
injury 75. X shot Y to death. While X was in jail, Mel Enriquez, a television
c. consummated felony anchorman/reporter interviewed him. In the process of interview, X admitted
d. attempted felony to Mel, that he indeed shot Y. Mel is now in court as a witness against X to
prove that X admitted to him that he (X) killed Y. Is this evidence
71. A raised his bolo as if to struck B (without any blow being struck). What admissible?
crime was committed? a. Yes, the interview was not part of custodial investigation
a. attempted felony b. light b. No, there was no lawyer when X confessed his guilt
threats c. No, it is against media ethics to testify when the suspect admitted his crime
c. frustrated felony to a media man
d. consummated felony d. Yes, if there was no torture employed by the media man

72. X who is fully naked and Y also fully naked forcefully rubbed his penis 76. A man served his sentence for 8 years, although he was sentenced 20
into the genitalia of Y. The tanods came and arrested X on the spot. What years imprisonment. What did the man enjoy?
crime is committed? a. parole
a. attempted rape b. acts of b. total freedom
lasciviousness c. probation
c. frustrated rape d. reprieve
 c. Prision Mayor
77. A family built his house in an inner piece of land. He was not allowed to d. Arresto Mayor
go through a neighbor’s yard. He was accused of trespassing. But the law
allows such passage under: 82. Under the ___________, the maximum duration of the convict’s sentence
a. eminent domain shall not be more than three (3) times the length of time corresponding to the
b. right of way most severe penalties imposed upon him which however shall not exceed
c. violation of domicile forty (40) years:
d. taxation power a. Supreme Court Ruling
b. Revised Penal Code
78. Juan is expert in pick pocketing. He does this act in the sidewalks and in c. 1987 Constitution
Quiapo church. The pick pocketing in church is more serious when done in d. Three Fold Rule in the Service of Sentence
church because:
a. he takes advantage of people in prayer 83. Which law prohibited the imposition of the death penalty?
b. he disregards religion a. R.A. 9262
c. the crime was committed in a place dedicated to religious worship b. R.A. 9346
d. the pickpocket is a catholic himself c. R.A. 9211
d. R.A. 9344
79. A law was passed in July 1998 imposing death penalty against a drug
pusher. The pusher was caught and convicted in 1997. The judge sentenced 84. What is the first and indispensable requisite of Self-Defense?
him (again) to death in 1999, which is the 2 nd promulgation of judgment. a. Reasonable necessity of the means employed to prevent or repel it
What right was violated?2 b. Lack of sufficient provocation on the part of the person defending
a. right against bill of attainder himself
b. right against death penalty c. The person defending be not induced by revenge, resentment or other
c. right against life d. right against ex post facto law evil motive
d. Unlawful aggression
80. It is an act or omission in violation of a public law forbidding or
commanding it: 85. A _________ exists when two or more persons come to an agreement
a. Felony concerning the commission of a felony and decides to commit it:
b. Offense a. Conspiracy
c. Crime b. Piracy
d. Infraction c. Proposal to commit felony
d. Criminal agreement
81. Which among the following is not an afflictive penalty?
a. Reclusion Perpetua 86. It is that characteristic of criminal law which states that criminal law is
b. Reclusion Temporal binding on all persons who live or sojourn in the Philippines regardless of
age, sex and nationality:
2 a. Generality
 b. Practicality 91. What is incurred by one who commits a felony, although the wrongful act
c. Territoriality done is different from that which he intended?
d. Prospectivity a. Reward
b. Punishment
87. These are crimes that are consummated in one instant; that is may not c. Imprisonment
have an attempted or a frustrated stage such as acts of lasciviousness, slander, d. Criminal Liability
false testimony etc.:
a. Formal crimes 92. An aggravating circumstance that can be applied to all felonies, examples
b. Material crimes of which are recidivism, dwelling, etc.:
c. Continuing crimes a. Specific Aggravating Circumstance
d. Complex crimes b. Generic Aggravating Circumstance
c. Inherent Aggravating Circumstance
88. As a general rule, light felonies are punishable only when they are d. Qualifying Aggravating Circumstance
____________, with the exception of those committed against persons or
property: 93. Are those where the act committed is a crime, but for reasons of public
a. Consummated policy, no penalty is imposed:
b. Frustrated a. Exempting Circumstances
c. Attempted b. Justifying Circumstances
d. None of the above c. Absolutory Causes
d. Mitigating Circumstances
89. There is ________ when the criminal act is performed with deliberate
intent: 94. This crime is said to be a crime committed against all mankind and whose
a. Freedom of action commission affects all territorial boundaries such that the doer of this crime
b. Fault maybe arrested anywhere in the world he might be seen because he is deemed
c. Fault to be a “Hostes Humanis Generis”:
d. Dolo or deceit a. Treason
b. Drug Trafficking
90. It is a rule regarding the jurisdiction of a coastal state whenever a crime is c. Piracy
committed aboard a foreign merchant vessel which is within the jurisdiction d. Rebellion
of that coastal state. According to this rule, such crimes can be tried in that
country, unless their commission affects the peace and security of that coastal 95. What is meant by the maxim “Actus non facit reum nisi mens sit rea”?
state: a. There is no crime, if there is no law punishing it.
a. French Rule b. An act done by me against my will is not my act.
b. English Rule c. The act itself does not make a man guilty, unless his intention were
c. American Rule so.
d. British Rule d. Ignorance of the law, excuses no one from compliance therewith
96. Which of the following does not belong to the group? a. Regional Trial Court of Olongapo
a. Use of poison b. Philippine Supreme Court
b. Cruelty c. Metropolitan Trial Court of Olongapo
c. State of necessity d. U.S. Court
d. Ignominy
100. Revised Penal Code was approved on:
97. If KOKO committed a crime because he was drunk at the time of a. January 01, 1932
commission of such crime and it was proven that he is not a habitual drunkard b. December 08, 1931
nonetheless, it was also proven that he use such condition to facilitate the c. December 08, 1930
commission of crime, then drunkenness must be appreciated as: d. January 01, 1930
a. Both mitigating and aggravating circumstance
b. Alternative circumstance
c. Mitigating circumstance
d. Aggravating circumstance

98. What is the purpose of the law in punishing impossible crimes?

a. To suppress criminal propensities or tendencies
b. To prevent criminals from committing another crime.
c. To keep the potential criminals off the street.
d. To serve as an example to those who are born criminals.

99. USS Destroyer of the US Navy was anchored along the stretch of Subic
Bay when Cadet 1st Class Zac Apron stabbed to death his fellow American
Soldier by the name of Lance Corporal Justin Daniels. The stabbing incident
happened inside the USS Destroyer. Which court shall have the jurisdiction
over the crime?
ANSWER KEY CRIMINAL LAW 1

1. c
2. c
3. b
4. d
5. a
6. a
7. e
8. a
9. a
10. c
11. d
12. c
13. b
14. c
15. a
16. e
17. b
18. c
19. c
20. b
21. c
22. d
23. d
24. e
25. d
26. a
27. a
28. c
29. d
30. d
31. c
32. c
33. e
34. c
35. d
36. a
37. b
38. c
39. b
40. a
41. a
42. c
43. a
44. c
45. c
46. d
47. c
48. d
49. b
50. d

51. b
52. a
53. c
54. c
55. a
56. a
57. d
58. c
59. a
60. c
61. b
62. c
63. a
64. f
65. a
66. b
67. b
68. a
69. a
70. b
71. b
72. b
73. b
74. b
75. a
76. a
77. b
78. c
79. d
80. c
81. d
82. d
83. b
84. d
85. a
86. a
87. a
88. a
89. d
90. a
91. d
92. b
93. c
94. c
95. c
96. c
97. d
98. a
99. d
100. c