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WCK Coaching and Mentoring Center

This document discusses different types of complex crimes in criminal law: I. A compound crime occurs when a single act constitutes two or more grave felonies. II. A complex crime proper occurs when an offense is a necessary means of committing another crime. III. The scenario provided is an example of a compound crime, as the single act of shooting resulted in two grave felonies: attempted homicide and parricide.

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Reneresa REYES
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0% found this document useful (0 votes)
435 views8 pages

WCK Coaching and Mentoring Center

This document discusses different types of complex crimes in criminal law: I. A compound crime occurs when a single act constitutes two or more grave felonies. II. A complex crime proper occurs when an offense is a necessary means of committing another crime. III. The scenario provided is an example of a compound crime, as the single act of shooting resulted in two grave felonies: attempted homicide and parricide.

Uploaded by

Reneresa REYES
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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I.

When a single act constitutes two or more


grave felonies known as compound crime
II.When an offense is a necessary means of
committing the other is the complex crime proper
WCK COACHING AND MENTORING CENTER III.Compound crime because the single act of
WHAT CRIMINOLOGIST KNOWS? shooting resulted two or more grave felonies
Charlemagne James P. Ramos A. I and II C. I,II,III
B. II only D. III only

Duterte with a revolver shot Roxas, missing him


but the bullet hit Binay who is Duterte's father.
Duterte committed the crime of attempted homicide
COMPILATION OF QUESTION AND ANSWER IN with parricide. What kind of a complex crime is
CRIMINAL LAW AND JURISPRUDENCE committed?
A. Compound crime (Delito Compuesto) the single act
INSTRUCTION: Select the correct answer for each of
of shooting resulted to two or more grave felonies
the following questions. Mark only the answer for
B. Complex crime proper (Delito Complejo) the
each item by shading the box corresponding to the
offense is a necessary means of committing the
letter of your choice on the answer sheet provided.
other is the complex crime proper
STRICTLY NO ERASURES ALLOWED.
C. Complex crime
D. Continuing Crime (Delito Continuado)
MULTIPLE CHOICE
Is a kind of executive clemency whereby the
It may be defined as the forfeiture of the right
execution of penalty is suspended?
of the government to execute the final sentence
after the lapse of a certain time fixed by law. A. Penalty C. Amnesty
A. Impossible crime B. Reprieve D. Civil interdiction
B. Prescription of penalty
C. Prescription of crime The penalty imposed by the court upon an offender
D. None of the above is reduced to a lighter one.
A. Commutation of sentence C. Amnesty
It is the loss or forfeiture of the right of the B. Reprieve D. Penalty
state to prosecute a crime because of the lapse of
time. It is an accessory penalty provided by law when
the principal penalty imposed upon the offender for
A. Prescription of penalty the commission of a crime is more than twelve years
B. Prescription of Crime imprisonment.
C. Conditional pardon A. Amnesty C. Civil interdiction
D. Good conduct allowance B. Capital offense D. Fine

The penalties of death and reclusion perpetua Under the law existing at the time of its
prescribe in; commission and at the time of the application to be
A. 10 yrs C. 20 yrs admitted to bail may be punished by death, although
a lower penalty than death may be imposed after
B. 15 yrs D. 30 yrs
conviction.
A. Complex crime C. Capital offense
4. Light penalties shall prescribe in;
B. Civil interdiction D. Continuous offense
A. 6 months C. 2 years
B. 1 year D. 5 years Is a kind of a crime which is committed by a
person who performs an act which would be an offense
Mar, Digong & Jun-Jun raped Grace in that when against person or property, were it not for the
Mar was having sex with Grace, Digong & Jun-Jun were inherent impossibility of its accomplishments or
holding the legs and arms of Grace. When it was on account of the employment of inadequate or
Digong's turn, Mar & Jun-Jun were the ones holding ineffectual means.
Grace's legs and arms. When Jun-Jun was the one A. Complex crime C. Prescription of crime
having sex with Grace, the ones holding Grace arms B. Impossible crime D. Material Crime
and legs were Mar & Digong. Later, Mar succeeded in
courting Grace and later Mar contracted marriage
A disposition wherein an accused, after
with Grace. Is the criminal liability for rape
conviction and sentence is released subject to the
committed by Mar, Digong & Jun-Jun extinguished?
condition imposed by the court and into the
A. No, because marriage of the offended party with supervision of a probation officer is called?
the offender does not apply to multiple rapes. A. Probation C. Parole
B. Yes, the marriage of the offender with the B. Executive clemency D. None
offended party shall extinguish the criminal action
or remit the penalty already imposed
Mirriam lends Poe the bolo, which was used by Poe
C. No, because marriage by the offended party with
in the murder of Leni, is criminally liable as?
the offender does not apply to accomplices and
A. Principal C. Accomplice
accessories.
D. Yes, because a husband cannot be guilty of the B. Accessory D. Conspirator
crime rape upon his wife because of the matrimonial
Persons who aid the felons to hide away
consent.
evidences or profit from the fruits of the crimes
There is complex crime when: are said to be.
WCK COACHING AND MENTORING CENTER 1
What Criminologist Knows? Charlemagne James P. Ramos
A. Principal C. Accomplice he pleases, if he is sentenced to exile.
B. Accessories D. Conspirator A. Conditional pardon
B. Deduction for loyalty
C. Good conduct allowance
Cayetano kidnapped Marcos and demanded a ransom
D. Indemnification
of P100,000,00 from Marcos' parents. In time,
the ransom was paid and the victim was
This allowance is deducted from the period of a
released. When Pia (Cayetano's adopted sister)
prisoner's sentence: 5 days for each month of good
learned that Cayetano was being hunted by the police
behavior for two years imprisonment: during the 3rd
for kidnapping, she (Pia) took Cayetano into her
year confinement, 8 days for each month of good
house and concealed him. Cayetano was able to elude
behavior; following years until the 10th year, 10
the police. What is the criminal liability of Pia,
days for each month of good behavior; during the
if any?
11th year and successive yrs of his imprisonment,
A. No criminal liability as Pia was a relative of
15 days for each month of good behavior
Cayetano
A. Deduction of loyalty
B. Principal as Pia is the adopted sister of
B. Amnesty
Cayetano
C. Good conduct allowance
C. Accessory as Pia conceal his brother Cayetano
D. Conditional pardon
D. Accomplice as Pia conceal and harbor Cayetano at
her house
NOTE: RA 10592 +15 days
Honasan proposed to Chiz that they rob a certain
It is the deduction of one-fifth (1/5) of the
store, to which Chiz agreed, later, however, Chiz
period of the sentence of a prisoner if he, having
undertook the robbery alone and made off with
evaded the service of sentence because of calamity
P90.000.00 cash. The following day, after making
or any disorder under art. 158 gives himself up to
some shallow explanation, Chiz apologized to Honasan
the authorities within 48 hours following the
and gave the latter P20.000.00 which Honasan
issuance of a proclamation regarding the passing
somewhat grudgingly accepted. What is Honasan's
away of the calamity
liability? If any?
A. Amnesty
A. Principal C. Accomplice
B. Good conduct allowance
B. Accessory D. Conspirators
C. Conditional pardon
D. Special time allowance for loyalty
To be appreciated as mitigating, it must be made
to person in authority or his agent; it may be
NOTE : new IRR
present if made after the issuance of a warrant of
arrest, but before actual arrest is made.
It is an act of the sovereign power granting
A. Voluntary surrender
B. Habitually reiteration oblivion or a general pardon for a past offense, and
C. Recidivism is rarely, if ever, exercised in favor of a single
D. Treachery individual, and is usually exerted in behalf of
certain classes of persons, who are subject to trial
This kind of aggravating circumstance is present but have not yet been convicted.
when a person commits any of crimes against person, A. Pardon C. Reprieve
employing such means, methods or forms in the B. Amnesty D. Commutation of sentence
execution, without risk to himself arising from
the defense which the offended party might make. Tito, Vic & Sotto conspired to kill Vice Ganda.
A. Abuse of Superior Strength They went to the house of Vice Ganda. Upon arrival,
B. Alevosia (treachery)
Sotto only acted as look-out in the yard of Vice
C. Cruelty
Ganda, Vic accompanied Tito to the room where Vice
D. Ignominy
Ganda was sleeping; it was Tito who shot Vice Ganda
In its juridical sphere, it means the suffering to death what is the participation of Tito, Vic &
undergone, because of the action of society. By one Sotto to the crime of murder?
who commits a crime hence. It can only be imposed A. Tito, Vic & Sotto are principals by direct
after conviction in a criminal action participation
A. Amnesty C. Recidivism B. Tito & Sotto are principals by direct
B. Pardon D. Penalty participation
C. Sotto as accomplice
It is one for which the law impose a single D. Vic as accomplice
punishment for various offenses it is committed in
either of two ways when a single act constitutes two Person who received and used property from
or more grave or less grave offenses; or when an another, knowing it was stolen
offense is a necessary means for committing another. A. Principal
A. Continuous offense C. Capital offense B. Accomplice
B. Complex crime D. Impossible crime C. Accessory
D. Principal by direct participation
It means the mercy extended by the chief
executive to a person sentenced for an offense Placing a weapon in the hand of the dead who
whereby the personal effects of the penalty are was killed to plant evidence, or burying the
suspended subject to the conditions, if accepted by deceased who was killed by the principal
the person sentenced, the effect of freeing him A. Principal C. Accomplice
from imprisonment if he is deprived of liberty; B. Accessory D. Direct participation
or from preventing him from hanging his residence as
WCK COACHING AND MENTORING CENTER 2
What Criminologist Knows? Charlemagne James P. Ramos
An accessory is exempt from criminal liability
when the principal is his In cases of seduction, abduction and acts of
A. Spouse, ascendants, descendants, brothers and lasciviousness, pardon by the offended by the
sister offended party or by parents or grandparents or
B. Nephew, uncle, niece and aunt guardian will bar prosecution provided the pardon
C. Brother-in-law & sister-in-law is given before the institution of criminal action,
D. Half-brother or sisters except:
A. Marriage between the offender and the offended
Purisima is chief of police in town o f party even after the filing of the case and
Antipolo. His son Marquez committed murder whom he conviction of the offended party
helped in escaping by providing Marquez money and B. Remit the penalty already imposed against the
Car. Is liable as an? offender, his co-principals, accomplices and
A. Accessory because his public functions accessories
B. Accessory but exempted from criminal liability C. The penalty is ready to imposed against the
by virtue of relationship offended party
C. Accomplice he abuses his public functions D. A & B only
D. Accomplice but exempted from criminal liability
by virtue of relationship A fine of from P200.00 to P6,000.00 imposed by
the court after due hearing is
Leila is the mother of Delima who has A. Afflictive penalty
just stolen jewelries worth P123,456.00 Leila B. Light penalty
sold the jewelries and gave the proceeds to C. Correctional penalty
her daughter Delima in order to elude arrest and D. Heavy penalty
prosecution. Is Leila liable?
A. Accessory but exempted because he help Delima to Destierro is principal, divisible and
profit in the effects of the crime. correctional penalty imposed by the judge after due
B. Accessory but exempted because the principal is trial in cases of:
Delima and Leila are related. I.Serious physical injuries or death under
C. Accessory but not exempted even if Leila is exceptional circumstances
related to Delima as she assisted Delima to profit II.concubine in concubinage
by the effects of the crime. III.paramour in adultery case
D. Accessory but not exempted even if Leila is A. I only C. I and II
related to Delima as she assisted Delima to escape. B. II only D. II and III

It is a law which a makes criminal an act done In the execution of destierro, the convict shall
before the passage of the law or which aggravates a not be permitted to enter the place designated in
crime or make it greater than it was when committed. the sentence nor within the radius specified
A. Ex post facto law C. Prospective A. Not be more than 250 and not less than 25kms form
B. Bill of attainder D. Police power the place designated
B. Not be more than 250 and not less than 50kms form
Is a legislative act which inflicts punishment the place designated
without trial. Its essence is the substitution of a C. Not be more than 350 and not less than 30kms form
legislative act for a judicial determination of the place designated
guilt. D. Not be more than 25 and not less than 250kms form
A. Ex post facto C. Bill of attainder the place designated
B. Prospectivity D. Pro reo
Those who directly forces another to commit a
crime are also categorized as:
Pardon by the offended party, as general rule, A. Principal by the direct
does not extinguish the criminal liability to the B. Principal by inducement/induction
offender, EXCEPT C. Principal by indispensable cooperation
A. Private crime or crimes against the state before D. Principal by indirect cooperation
institution of criminal action
B. Prostitution, Gambling, before institution of
Charlemagne & Paul agreed to rape Katrina they
criminal action
proceeded to the house of Katrina whereupon
C. Private offense and before the institution of Charlemagne with a knife pointed to Katrina and
the criminal action ordered Katrina to lie down and when Charlemagne was
D. Public crime or crimes against the state before having sex with Katrina, Paul was holding both arms
institution of criminal action
of Katrina. What is the liability of Paul?
A. Principal by direct participation
In Adultery and Concubinage, pardon by the B. Principal by inducement
offended party will bar criminal prosecution if C. Principal by indispensable cooperation
_________________. D. Principal by Co-conspirator
A. Express or implied pardon given to the wife
or husband. A s the case may be and before the
Gaffud & Melgene are charged with kidnapping of
institution of the criminal action
Flora. Gaffud contacted Richard who has not
B. Express or implied pardon given to the both
participated in the actual kidnapping to contact the
offenders and before the institution of the
parents of Flora to negotiate the delivery of
criminal action
ransom. Richard have successfully negotiate,
C. Both offenders are express before the
receives the share from the ransom. Richard is also
institution of the criminal action
liable as an?
D. Both husband and wife express before the
A. Accomplice C. Principal
institution of the criminal action
WCK COACHING AND MENTORING CENTER 3
What Criminologist Knows? Charlemagne James P. Ramos
B. Accessory D. Conspirator D. Yes, the crime will not prescribe because the
one who discovered the crime is the offended party
Suppose that Duterte is being a co-conspirator
in the crime theft, sold some of the property stolen, Every person criminally liable for a felony also
he is liable as a? civil liable. Thus, if Bayos committed murder, he
A. Accessory C. Principal is obliged to pay the offended party the civil
B. Accomplice D. Conspirator liability which includes:
I.Restitution
Roxas rapes a woman and in his escape he was II.Reparation of damage caused
assisted by C/PNP Marquez. The C/PNP Marquez is III.Indemnification for consequential damages
liable as? IV.Commutation of sentence
A. Accessory C. Principal A. I,II,III,IV C. I,II,III
B. Accomplice D. Co-conspirator B. I,II D. III only

Suppose in the preceding problem, Roxas was The classes or different classifications or
assisted by Kris a private individual. Kris the circumstances affecting criminal liability are the
private person is liable as an accessory? following, except
A. No, crime committed was not treason, murder, A. Justifying C. Aggravating
parricide, and attempt to take the life of the chief B. Probable cause D. alternative
executive or known to be habitually guilty.
B. Yes, because he assisted in the escape of a A person who acts by virtue of a ___________
person who committed a serious crime circumstances is deemed not to have transgressed the
C. Yes, crime committed was treason, murder, law, and is free from both criminal and civil
parricide, etc. liability except in par.4 art 11 (state of
D. No, because he assisted in the escape of a person necessity).
who not committed a serious crime A. Justifying C. Aggravating
B. Exempting D. Alternative
Binay is charged for homicide and the trial is
still going on for more than 20 years and he has One who acts by virtue of an _____________
been detained from the beginning on the trial on circumstance commits a crime but does not incur any
criminal liability because of the complete absence
failure to post a bail bond. What should the court
of the condition which make the act voluntary.
do? A. Aggravating C. Justifying
A. The court shall order the immediate release of B. Alternative D. Exempting
Binay without prejudice to the continuance of trial
B. The trial should proceed until Binay is found Duterte shot Mar hitting Mar at the shoulder. So
guilty Mar grappled for the possession on the gun until Mar
C. The court shall not in order the immediate succeeded in wresting it from Duterte. Immediately
thereafter, Mar shot Duterte whom he killed. Mar was
release of Binay without the prejudice of the
prosecuted for homicide, Mar interposed self-
continuance of trial defense. What would be your decision Mr.
D. The BuCor should release Binay without prejudice Criminologist?
to the continuance of trial A. Mar can invoke self-defense because the
provocation made by Duterte in shooting and wounding
light offenses shall prescribed in Mar is sufficient to prevent further harm to him.
A. 2 months C. 6 months B. There was self-defense since Duterte already
B. 3 months D. 4 months disarmed hence there was no more aggression to stop
or repel as Mar shot duterte when he was already
The period of prescription shall commence to run unarmed and defenseless.
from the day of discovery of the crime by the C. There was no self-defense since Mar was already
offended party, the authorities or their agents. disarmed hence there was no more aggression to stop
Suppose that Wong witnessed the killing of Kim by or repel as Duterte shot Mar when he was unarmed and
Man, and since Wong is not being related to Kim, he defenseless.
did not report the crime to the authorities. Will D. There was no self-defense since Duterte was
the crime of murder prescribe? already disarmed hence there was no more aggression
A. Yes, after the lapse of 20 years to stop or repel as Mar shot Duterte when he was
B. No, the crime will not and will never prescribe unarmed and defenseless.
C. No, after the lapse of 15 years
D. Yes, the crime will not prescribe Kim accidentally kill Mr. Right, while Kim was
acting in self-defense , that is, in stopping or
Suppose in the same preceding problem, Wong repelling the actual aggression by Chui against her.
reported it to the police authorities what he Is Kim liable?
witnessed, but no complaint is filed in the court. A. Yes, for reckless imprudence resulting to
Will the crime of murder prescribe? homicide
A. Yes, after 20 years and 1 day from the discovery B. No, Kim is not liable for any crimes as she was
of the crime not committing a felony when he acted in self-
B. No, the crime will not prescribe because the one defense although the wrongful act done be different
who discovered the crime is not the offended party, from what he intended to do.
the authority or its agent C. Yes, Kim is liable for any crimes as she was not
C. No, after 15 years and 2 days from the discovery committing a felony when he acted in self-defense
of the crime although the wrongful act done be different from
what the intended to do.
WCK COACHING AND MENTORING CENTER 4
What Criminologist Knows? Charlemagne James P. Ramos
D. No, for reckless imprudence resulting to it turned out that the intruder was toons. Is Loonie
homicide criminally liable?
A. Yes, because defense of property requires that
Delo was indebted to Abra for the sum of 500 it will be coupled with aggression against persons.
Pesos when Abra tried to collect the indebtedness, B. No, because he was acting in defense of property
Delo insulted him, struck him with the fist and when right and that means employed reasonable considering
Abra moved backward Delo continued boxing him and that the intruder was armed with a pistol.
so Abra drew his bolo and struck Delo to death. Abra C. Yes, for murder qualified by treachery as the
was prosecuted for homicide, Abra in the case man turned out to be Toons aggravated by nighttime.
pleaded self-defense, decide. D. No, because because even the intruder turned out
A. Yes, Abra acted in self- defense to prevent or that it was toons, Loonie acted in defense of his
repel the unlawful aggression of Delo. property.
B. Yes, because the use of bolo by Abra may be
considered as a reasonable means to repel Delo’s Suppose that in the preceding question, Loonie
attack who used only his fist. shot to death toons while running away from his
C. No, because the use of bolo by Abra may not be house carrying with him the vault of money, would
considered as a reasonable means to repel Delo’s your answer be different Mr. Criminologist?
attack who used only his fist. A. No, because he was acting in defense of property
D. No, in self-defense there should be unlawful right and that means employed reasonable considering
aggression, Reasonable necessity of the means that the intruder was armed with a pistol.
employed to prevent or repel it, and lack of B. No, because because even the intruder turned out
sufficient provocation on the part of the person that it was toons, and was running away carrying
defending himself. with him the vault. Loonie acted in defense of his
property.
On the preceding question what if Abra uses only C. Yes, for murder qualified by treachery as Toons
his fist while repeling the attack of Delo then and was running away from his house carrying the vault
there Delo slipped on the pavement and hit his head hence he could not defend himself.
as a result Delo die. Would your answer be different D. Yes, because defense of property requires that
Mr. Criminologist? it will be coupled with aggression against persons
A. Yes, Abra acted in self- defense to prevent or and in fact Toons was running away although that he
repel the unlawful aggression of Delo. was carrying the vault.
B. Yes, because the use of fist by Abra may be
considered as a reasonable means to repel Delo’s Myskona is a soldier and was been assigned in
attack who used only his fist. Mindanao. Feeling homesick and missing his wife
C. No, because the use of fist by Abra may not be Myskodin, without texting, came home from Mindanao
considered as a reasonable means to repel Delo’s and upon arrival in their house at about 12:00am,
attack who used only his fist. then and there immediately proceeded to their
D. No, in self-defense there should be unlawful bedroom but in his surprise Myskona saw his Buddy
aggression, Reasonable necessity of the means on the top of his wife Myskodin, both naked and
employed to prevent or repel it, and lack of having sex. Myskona immediately drew his gun. but
sufficient provocation on the part of the person was beaten to a draw by his buddy who shot and killed
defending himself. him. When prosecuted, Myskona’s buddy interpose the
defense that he killed Myskona in self-defense.
Decide Mr. Criminologist.
Alphonse saw Bertillion rushing towards him
A. Myskona’s Buddy is performing an unlawful act
holding a samurai and poised to strike him, Alphonse
for having an illicit relationship with Myskona’s
immediately picked up a pointed iron bar and
wife Myskodin, he is justified in killing Myskona
believing that his life was in danger because
as his life is an actual danger thus, the elements
Bertillion was close enough. Alphonse made a trust
to justify the act is present.
on Bertillion hitting him on the stomach which
B. Myskona’s Buddy is not performing an unlawful
caused the death of Bertillion. However the truth
act for having an illicit relationship with
is that Bertillion was merely trying to play a joke
Myskona’s wife Myskodin because Myskodin is missing
to Alphonse. Is Alphonse criminally liable?
Myskona, Myskona’s buddy is just a substitute.
A. No, because Alphonse acted in self-defense due
C. Myskona’s act in drawing his gun does not
to mistake of fact which was committed without fault
constitutes unlawful aggression because such act is
or carelessness and he had no more time to verify
defense of honor because his buddy was having an
whether Bertillion was only playing a joke or not.
illicit relations with his wife and so Myskona’s
B. Not liable because Alphonse had still time to
buddy is not justified in defending himself from an
move backward in order to check whether Bertillion
actual aggression by Myskona.
has really the intention of hitting Alphonse with
D. Myskona’s Buddy is justified because he know that
the samurai or he was just playing joke.
he was having an illicit relation with Myskona’s
C. Liable because he had still time to move backward
wife thus, risking his life by Myskona’s revenge
in order check whether Bertillion had really the
intention of hitting him with a samurai or he was
just playing a joke. In the preceding question what if the buddy of
D. Liable because the truth was that Bertillion was Miskona was a woman, would your answer be different?
merely trying to play a joke to Alphonse. A. Yes C. No
B. False D. True
Suppose that in the middle of the night Loonie
heard footsteps of an intruder inside their house. Hulk and Hulkhugan tear down house of Superman
Lonnie picked up his .50 caliber and upon seeing a to stop the fire which break out in the midst of
man armed with a .60 caliber ransacking Lonnie’s many houses in their subdivision. Because if they
Vault of money, Loonie shot and killed the man and would not demolish the house of superman the fire
WCK COACHING AND MENTORING CENTER 5
What Criminologist Knows? Charlemagne James P. Ramos
would spread and burn the other houses there by D. Hapslip is justified in killing her Father
causing more damage. Mr. Criminologist are Hulk and because she is on the half sleep as one of the
Hulkhugan criminally liable? element of rape.
A. Yes, because the practical thing for them to do
is contact firemen to prevent the spread of the In Euthanasia (mercy killing) the attending
fire. physician who deliberately turns off the life
B. Yes, because the act of Hulk and Hulkhugan in support system consequently costing the life of the
demolishing the house of Superman is not justified. patient. Is the physician criminally liable?
C. No, because they demolished Superman’s house in A. Yes, because the attending physician who
order to avoid an evil or greater injury or deliberately turns off the life support is neither
preventing the fire spreading many houses pursuant a justifying nor exempting circumstance.
to State of Necessity. B. Yes, because the attending physician has no
D. No, because the act of hulk and hulkhugan in intention to kill his patient but only to relieve
demolishing the house of Superman is a defense of here from further sufferings.
property they prevented the spreading of fire. C. No, because the attending physician has no
intention to kill his patient but only to relieve
Doctor Kwak-Kwak who had kill the fetus to save here from further sufferings.
the mother where both could not be saved, and was D. No, because euthanasia is neither a justifying
running out of time is justified by? nor exempting circumstance.
I. state of necessity
II. Avoidance or greater evil as the death of the in justifying circumstance, the act committed is
mother is greater than sacrificing the life of the lawful hence there is no was a crime committed and
unborn child there is no ______
III. He is exempted from criminal liability A. crime C. Criminal liability
A. I only C. I and II only B. Criminality D. Crimes
B. II and III only D. I, II, III
in justifying circumstance, the act committed is
Ferrari hit with his fist and shove Porsche lawful hence there is no was a crime committed and
inside a running passenger jeep because Porsche was there is no ______ offense
snatching his Cellphone, and as a consequence A. crime C. Criminal
Porsche fell at the jeep and was hit by another car B. Criminality D. crimes
causing his death. Decide Mr. Criminologist
A. Lawful exercise of an office and is not exempted in exempting circumstance there was a crime
from criminal liability. committed there was a crime committed , there is
B. Lawful exercise of right and therefor he is criminal but for reason of ___________ no penal
exempted from criminal liability. liability shall be imposed on the offender
C. Lawful exercise of an office and is exempted from A. Criminal
criminal liability. B. public policy and sentiment
D. Lawful exercise of right and therefor he is not C. crime
exempted however civilly liable. D. public crime

The executioner of Leo Echagaray who was Dreaming while sleeping; in a state of
sentenced to death, then and there the executioner somnambulism or sleep walking high fever due to
executed the lethal injunction on the day and time malignant malarias and epilepsy are circumstances
scheduled by the court. Decide analogous to insanity or imbecility falling under
A. Exercise of a right, thus not exempted from A. justifying circumstance
criminal liability B. alternative circumstance
B. Exercise of office, thus not exempted from C. exempting circumstance
criminal liability D. aggravating circumstance
C. Exercise of an office, thus exempted from
criminal liability Kris Aquino was a kleptomaniac she was prosecuted
D. Exercise of a right, thus exempted from criminal for the theft of jewels committed in a jewelry store
liability while she was attacked by her said sickness is she
criminally liable?
One night, Hapslip a married young woman, was A. No, being a kleptomaniac is analogous to insanity
sound sleep in her bedroom when he felt a man on top or imbecility since at the time of stealing there
of her. Thinking it was her husband who came home is complete deprivation of reason of freedom of the
early from his work; Hapslip let him have sex with will at the time of its commission of the crime.
her. After the act the man said, “Thank you for the B. No, because she knows what is right and what is
unforgettable night” realizing that he was not her wrong and that she even knows that steal is wrong
husband, he got furious and so she took her husband C. Yes because she knows what is right and what is
gun and shot the man and it turned out that it was wrong and that she even knows that steal is wrong
his Father. Charge with parricide, Hapslip invoke D. Yes, however it is a mitigating circumstance.
defense of honor. Decide Mr. Criminologist.
A. Hapslip is justified in killing his Father who Alden while sleeping dreamed that he was attacked
through deceit and bad faith was able to sex with by Vice Ganda. Suddenly Alden got up, took his gun
her. and killed Yayadub his wife and wounded Lolanidora.
B. Hapslip is criminally liable because the she shot is Alden criminally liable Mr. Criminologist?
her Father after having sex. A. Alden is liable even if he has the intention to
C. Hapslip is criminally liable because the kill Yayadub his wife and wounding Lolanidora which
unlawful aggression against in honor had already is analogous to mistake of identity.
ceased.
WCK COACHING AND MENTORING CENTER 6
What Criminologist Knows? Charlemagne James P. Ramos
B. No, Alden is not criminally liable, because Alden III. A mere push without physical assault
acted under circumstances which are analogous to IV. Slap on the face
imbecile or insanity which is Somnambulism, As a A. I, II, III C. I, II, III, IV
result his hallucination he was completely deprived
B. I and II only D. IV only
of consciousness of his act.
C. Alden is not liable even if did not intented to
kill Yayadub his wife and wounding Lolanidora which The person criminally liable for Grave and Less
is analogous to mistake of identity. Grave felonies are
D. Alden is liable. Because he does not acted under I. Accessories
any circumstances enumerated under Art.12 Exempting II. Principals
Circumstances of the RPC. III. Co-Conspirator
IV. Accomplices
Trillanes was compelled to bury the body of
Duterte who was murdered by Noynoy and Mar, striking A. I,II,III C. I and II only
him with the butts of their M16, threatening to kill B. I, II, IV D. II and IV only
him too if he will continue to resist the order
given by them, and so Trillanes was compelled to do As provided in the preceding question for light
it. Decide. offenses, the person criminally liable are
A. Trillanes acted under the compulsion of an A. I,II,III C. I and II only
irresistible force
B. I, II, IV D. II and IV only
B. Trillanes acted under the impulse of an
uncontrollable fear of an equal or greater injury
C. Trillanes acted under the compulsion of a There are three kinds of principals, namely?
resistible force. A. principal by induction/inducement
D. Trillanes acted upon order of lawful performance B. principal by indispensable cooperation
of duty. C. principal by direct participation
D. all of the above
Miriam is holding a Caliber .45 in his hand threw
a knife at Poe, and ordered Poe to kill Duterte
otherwise Poe will be shot by Miriam to death and Those who participated in the criminal
being terrorized Poe killed Duterte. Is Poe resolution proceeded to the crime scene and
Criminally Liable? personally executed what they agreed upon or
A. No, because Poe acted under the impulse of an executing said acts which directly tend to the same
uncontrollable fear of an equal or injury end or purpose could be liable as?
B. No, because Poe acted under the compulsion of an
A. principal by direct participation
irresistible force
C. Yes because, Poe acted under the impulse of an B. principal by indispensable cooperate
uncontrollable fear of an equal or injury C. principal by inducement
D. Yes because Poe acted under the compulsion of an D. all of the above
irresistible force
Those directly induce other to commit the crime
Absolutory causes are causes provided for under and those who directly forces another to perpetrate
the RPC which exempts a person from criminal the offense could be liable as?
liability. They are: A. principal by direct participation
I. Spontaneous Desistance B. principal by inducement
II. Light Felonies when not consummated except C. principal by indispensable cooperation
committed against person or property D. all of the above
III. Instigation
IV. Death and serious physical injuries under Those who cooperate in the commission of the
exceptional circumstances offense by another act without which it would not
V. Entrapment have been accomplished could be liable as?
A. I, II, III, IV, V C. I,II,III,IV A. principal by direct participation
B. I,II,III D. I and II only B. principal by inducement
C. principal by indispensable cooperation
A paramour who was surprised in the act of having D. all of the above
sex with a legally woman cannot invoke self-defense
if he killed the offended and deceived husband who
was attack or assault by the offended husband as the One who, not having participated as principal,
paramour knew that he was performing an unlawful and cooperates in the execution of the offense by
criminal act thereby exposing himself to the previous or simultaneous act he is sometimes
vengeance of the offended spouse. This statement is referred to as
A. True C. False A. accessory C. principal
B. Partly True D. Partly False B. accomplice D. all of the above
The person defending himself must have been
The accessories after the fact are those who,
attacked with actual physical force or with actual
having knowledge of the commission of the crime and
use of weapon. All but one does not constitute without having participated as principals or
Unlawful Aggression. accomplices, takes part subsequent to its commission
I. Insulting words in any of the following manner:
II. Light push on the head with the hand
WCK COACHING AND MENTORING CENTER 7
What Criminologist Knows? Charlemagne James P. Ramos
A. profiting themselves or assisting the offender
to profit by the effects of the crime or by It is Aggravating Circumstance which at least
concealing or destroying the body of the crime or two convictions are enough the crimes are not
the effects or instruments thereof to prevent its specified it is enough that they be embraced under
discovery. the same title of the RPC.
B. by harboring, concealing or assisting in the A. recidivism
escape of the author of the crime with abuse of B. habituality or reiteration
public functions C. Habitual Delinquency
C. whenever a private individual assist in the D. Quasi Recidivism
escape of the offender who committed treason,
murder, parricide, and attempt to kill the this kind of aggravating circumstances requires
president. at least 3 conviction and a time limit of not more
D. all of the above than 10 years between every conviction the crimes
are limited to less serious physical injuries,
Joime, Mau, Pai, and Zacarias fired their guns robo(robbery), Hurto(theft), estafa, or swindling
simultaneously to michael, resulting to his death. and falsification.
Is there conspiracy among the accused in the A. Quasi Recidivism
commission of the crime? Decide Mr. Criminologist B. habituality or reiteration
A. there is conspiracy among the Joime, Mau, Pai, C. Habitual Delinquency
and Zacarias D. Recidivism
B. simultaneous firing indicate unity of action,
intention and execution of the act as in conspiracy This Aggravating circumstances is present when
proof of previous agreement is not necessary person commits any of the crimes against person,
C. Joime, Mau, Pai, and Zacarias are criminally employing such means method of form in the execution
liable thereof which tend directly and specially to insure
D. all of the above its execution without risk to himself arising from
the defense which the offended party might make.
Jhun Boy is driving his car with a duly issued A. Treason
drivers licensed whle in the proper lane and within B. Superior Strength
the limits prescribed by law, Jhun Boy hits Margaret C. Alevosia
who suddenly darted into the street. Jhun Boy is not D. Passion or Obfuscation
liable because of exempting circumstance of?
A. Accident A Killed his Father, and B public officer with
B. Prevented to perform by lawful cause abuse of authority assisted A in his escape. B is
C. Absolutory cause liable as an
D. Habitual or reiteration A. accomplice
B. accessory
Cayetano kidnapped Marcos and demanded a ransom C. principal
of P100,000,00 from Marcos' parents. In time, D. No Criminal Liability
the ransom was paid and the victim was
released. When Pia (Cayetano's adopted sister) A knowing that B and C had killed D and buried
learned that Cayetano was being hunted by the police the corpse of D to prevent the discovery of the
for kidnapping, she (Pia) took Cayetano into her killing A is liable as?
house and concealed him. Cayetano was able to elude A. accomplice
the police. What is the criminal liability of Pia, B. principal
if any? C. accessory
A. No criminal liability as Pia was a relative of D. Co-conspirator
Cayetano
B. Principal as Pia is the adopted sister of X, a municipal treasurer, received P10,000.00
Cayetano from a taxpayer. Placed in the duplicate original
C. Accessory as Pia conceal his brother Cayetano of the receipt he issued the amount of P1,000.00
D. Accomplice as Pia conceal and harbor Cayetano at only and then misappropriated the difference of
her house P9,000.00 X is guilty of malversation through
falsification of public document. What type of the
Honasan proposed to Chiz that they rob a certain crime was committed?
store, to which Chiz agreed, later, however, Chiz A. complex crime proper C. compound crime
undertook the robbery alone and made off with B. special crime D. all of the above
P90.000.00 cash. The following day, after making
some shallow explanation, Chiz apologized to Honasan
and gave the latter P20.000.00 which Honasan
somewhat grudgingly accepted. What is Honasan's
liability? If any?
A. Principal C. Accomplice
B. Accessory D. Conspirators

To be appreciated as mitigating, it must be made


to person in authority or his agent; it may be
present if made after the issuance of a warrant of
arrest, but before actual arrest is made.
A. Voluntary surrender
B. Habitually reiteration
C. Recidivism
D. Treachery WCK COACHING AND MENTORING CENTER 8
What Criminologist Knows? Charlemagne James P. Ramos

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