PE 1

I. Situational questions with multiple choice-type of answers. Choose the best argument. (3 points each)

1. Jungkook, a South Korean national who just visited Boracay, purchased a ticket for a passenger plane at Iloilo International
Airport bound for Singapore. While on board the plane, he saw his mortal enemy Baek Hyun, also a South Korean national,
seated and busy taking selfies with his Filipino fans. Jungkook stealthily approached Baek Hyun and when he was near him,
he stabbed and killed him. The aircraft is registered in Singapore, but owned by a Filipino-Chinese tycoon. The killing happened
just a few moments after the flight attendant delivered the safety precautions demo to the passengers. Operatives from the PNP
arrested Jungkook. Jungkook contended that he did not incur criminal liability because both he and the victim were foreign
nationals. He likewise argued that he could not be prosecuted in Manila because the aircraft is Singapore-registered. Is
Jungkook criminally liable?

a. No, Jungkook is not criminally liable since the aircraft is foreign-registered

b. No, Jungkook is not criminally liable since he is a foreign national and non-resident in the Philippines
c. Yes, Jungkook is criminally liable because the crime of murder happened while still within the Philippine territory
d. Yes, Jungkook is criminally liable since the aircraft is Filipino-owned

2. Julia, married to Gerald, contracted another marriage with Joshua in Thailand. All three are Filipino citizens. Thereafter, Julia
and Joshua returned to the Philippines and lived as husband and wife in Siargao. Aggrieved, Gerald filed a criminal case for
bigamy against Julia. Will the criminal case prosper?

a. Yes. Under the territoriality principle, Julia is subject to our criminal laws because she lives in the Philippines
b. Yes. Under the generality principle, Julia is subject to our criminal laws because she is a Filipina
c. No. Under the territoriality principle, our criminal laws only apply within the Philippines.
d. No. Under the generality principle, criminal laws only apply to those who live or sojourn in the Philippines at the time
the crime of bigamy was committed

3. On her way home from office, Basha rode in a jeepney. Subsequently, Budoy boarded the same jeepney. Upon reaching a
secluded spot in Duenas, Iloilo, Budoy pulled out a grenade from his bag and announced a hold-up. He told Basha to surrender
her laptop and wallet. Fearing for her life, Basha jumped out of the jeep. But as she fell, her head hit the pavement. Budoy
thereafter tried to rescue Basha and rushed her to the near-by hospital, but Basha was declared dead-on-arrival. Is Budoy
criminally liable?

a. No. Budoy is not criminally liable for the death of Basha because his intended crime was robbery
b. Yes. Budoy is criminally liable for consummated homicide since his felonious act is the proximate cause of Basha’s
death
c. No. Budoy is not criminally liable at all because he only announced a hold-up and desisted from throwing the grenade
without expecting Basha to immediately jump out of the jeep
d. Yes. Budoy is criminally liable for attempted robbery as the cause of Basha’s death was an efficient intervening cause

4. Cardo, a Filipino seaman, stabbed to death Hyun Bin, a South Korean seaman, aboard M/V "Islang Pantropiko", an overseas
vessel which was sailing in the South China Sea. The vessel is owned by Small Laude, a rich Filipina businesswoman. When
M/V " Islang Pantropiko", " reached the Philippine Port at Batanes, the captain of the vessel turned over the assailant Cardo
and was apprehended by police authorities for murder. Is Cardo liable for murder?

a. Yes, because the overseas vessel is owned by a Filipino citizen

b. Yes, because Cardo is a Filipino national
c. No, because the crime was committed while sailing the South China Sea
d. No, because the crime was committed in an overseas vessel while in the high seas

5. The conduct of Maria Clara angered her husband, Ibarra. Triggered beyond his control, Ibarra could not help but inflict physical
injuries on Maria Clara. Ibarra started hitting Maria Clara with his fists. Maria Clara suddenly complained of severe chest pains.
Ibarra, realizing that his wife was indeed in serious trouble, immediately brought her to the hospital. Despite efforts to alleviate
his wife’s pains, she died of heart attack. It turned out that Maria Clara had been suffering from a lingering heart ailment which
was unknown to Ibarra. Is Ibarra criminally liable or not?

a. Yes, Ibarra is liable for serious physical injuries only because the proximate cause of his wife’s death is her lingering
ailment which was unknown to Ibarra
b. Yes, Ibarra is liable for parricide for the death of his wife
c. Yes, Ibarra is liable for serious physical injuries only because he voluntarily desisted from hitting his wife as soon as
she complained about her severe chest pains
d. Yes, Ibarra is liable for parricide as he really intended to commit such crime

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6. Maris and Rico had a heated altercation and then exchanged blows. Rico pulled out a knife and stabbed Maris in the abdomen.
Maris ran away, but Rico continued to chase her. Before Maris was able to reach her car to escape, she was hit by a ten-wheeler
truck and died. Is Rico criminally liable or not?

a. No, Rico is not criminally liable at all for the cause of Maris’ death is due to an efficient intervening cause
b. Yes, Rico is criminally liable for homicide because Maris would not have been hit by a ten-wheeler truck if Rico did
not stab her and subsequently chase her in the first place
c. Yes, Rico is criminally liable for attempted homicide only because Rico was not able to execute all the acts which
would produce the felony of homicide
d. Yes, Rico is criminally liable for frustrated homicide as it is the direct result of the mortal stab wound he inflicted on
Maris

7. Samuel enclosed his farm with a fence and posted a notice “PRIVATE PROPERTY, STRICTLY NO TRESPASSING.” Charles,
a 16-year-old boy, ignored the prohibition and gathered fruits inside the farm. Charles was on top of a mango tree when Samuel
saw him. Samuel commanded John to step down, but John refused. Samuel then got a toy gun, which appears to be a real gun,
and fired it downward as he intend to compel Charles to leave. However, Charles got frightened by the gunshot and fell from
the tree. Immediately, Samuel brought Charles to the hospital, but Charles died from his injuries. Is Samuel criminally liable
or not?

a. Yes, Samuel is criminally liable for homicide although the wrongful act done be different from his intended felony of
grave threats
b. Yes, Samuel is criminally liable for physical injuries only but not homicide considering that he tried to bring Charles
to the hospital
c. No, Samuel is not criminally liable at all because he is just exercising his right to defend his property which is a
justifying circumstance
d. No, Samuel is not criminally liable at all because he had no intent to injure or kill Samuel

8. Robin inflicted violent kicks on vital parts of Ricky’s body. Ricky nevertheless was able to flee for fear of his life. Refusing to
undergo treatment for his injuries, Ricky died 3 days later. Is Robin criminally liable?

a. No, Ricky is not criminally liable at all because Ricky’s refusal to undergo treatment for his injuries is an efficient
intervening cause
b. Yes, Ricky is liable for frustrated homicide only because he was not able to consummate the crime of homicide due
to Ricky’s refusal to undergo treatment, a cause independent of his will
c. Yes, Ricky is liable for homicide because the injuries inflicted by Robin is the proximate cause of Ricky’s death
d. Yes, Ricky is liable only for serious physical injuries because he had no intention to kill Robin

9. Bini held a fan-meeting concert at Smart Araneta Coliseum. While singing their viral song, Salamin, an anti-fan shouted “ Boo!
Boo!”. In defense of his favorite Filipino girl group, Henry, challenged the anti-fan to a duel right after the concert. Around 12
midnight, Henry waited at the exit door of the concert hall for the anti-fan to pass-by while carrying his 9 mm pistol. However,
before Henry was able to pull out his gun, the anti-fan shot him with his. 45 caliber firearm but missed hitting Henry. In defense,
Henry took the chance and finished off the anti-fan. The anti-fan died on the spot. Police authorities arrested Henry. Henry
disclosed he is actually an ambassador from the U.S. who just came to the Philippines for his foreign mission and argued that
he should not be liable as he was only acting in self-defense. Is Henry criminally liable?

a. No, Henry is not liable as he is covered by diplomatic immunity and he was only acting in self-defense
b. No, Henry is not liable as he was only acting in self-defense
c. No, Henry is not liable as he is covered by diplomatic immunity
d. No, Henry is not liable our since criminal laws are enforceable only against those who live or sojourn in the Philippines

10. Bagatsing, Bakulaw, Bardagul are members of a notorious gang known as Death Squad in the campus of Siliman University.
They were intending to recruit Bebot through duel. Bebot refused to engage in duel. His refusal infuriated the three gang
members. Bagatsing pushed Bebot while telling him, “Ah, indi ka gali ha? Indi ka gid!? Ari mu ay!” Bakulaw yelled at Bebot,
“Law-law! Talawit! Nami ipa-hiwit! and pulled out a long metal pipe, showing it- off to Bebot while making movements as if
he will hit him with it. Bardagul pulled down the pants of Bebot in public to humiliate him. In defense, Bebot punched all three.
When arrested for serious physical injuries, Bebot claimed self-defense. Is his plea of self-defense valid?

a. Yes, valid against all three since he did not engage in duel
b. Yes, valid against all three since he was defending himself and his honor
c. Yes, valid against Bagatsing and Bakulaw only
d. Bebot’s plea of self-defense is invalid; unlawful aggression is absent

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I. Mastery of basic concepts. (2 points each)

11. Criminal laws apply only within Philippine territory, except if

a. A crime was committed on board a Philippine-registered overseas vessel and/or aircraft in the high seas
b. A crime was committed on board a Philippine-registered overseas vessel and/or aircraft, regardless of the place of
commission
c. A crime was committed against a Filipino national, regardless of the place of commission
d. A crime was committed involving currency issued by the government, regardless of the place of commission

12. Formal crimes are defined as ___________

a. Crimes which are always consummated
b. Crimes which have all different stages of execution
c. Crimes which can have attempted, frustrated and consummated stages of execution
d. Crimes which can have only attempted and consummated stages of execution

13. Felony may be committed by means of ___________

a. Intent and motive c. Intent and malice
b. Dolo and culpa d. Malice and negligence

14. When are light felonies punishable?

a. Light felonies are punishable in all stages of execution
b. Light felonies are punishable when consummated
c. Light felonies are punishable when committed against persons and property
d. Light felonies are punishable only when consummated except if the crimes committed are against persons or property

15. The crime of theft is punishable except if:

a. The crime committed is an impossible crime of theft
b. The stage of execution is frustrated
c. It is a light felony
d. The stage of execution is attempted

16. Criminal intent is absent in the following cases, except in

a. Mala prohibita c. Mistake of fact
b. Felonies committed by culpa d. None of the above

17. A woman suffering from Battered-Woman Syndrome is not criminally liable, provided that__________
a. All the elements of self-defense are present
b. The battered woman undergoes the battering cycle at least thrice
c. The battered woman undergoes the phases of tension-building, acute battering incident, and tranquil, loving phase at
least twice
d. There must always be unlawful aggression

18. Which exempting circumstance negates both criminal and civil liability? ( BONUS)
a. Insanity
b. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or
intention of causing it
c. Any person who acts under the compulsion of an irresistible force
d. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause

19. Impossible crimes apply to the following crimes

a. Crimes against national security c. Crimes against chastity
b. Crimes against property d. Crimes against personal liberty & security

20. The following are crimes which do not have frustrated stages, except
a. Parricide c. Theft
b. Rape d. Arson

21. Which of the following is considered a formal crime?

a. Murder c. Theft
b. Homicide d. Physical Injuries

22. The following are examples of light felonies, except

a. Intriguing against honor c. Slight physical injuries
b. Alteration of boundary marks d. Malicious prosecution

23. It is referred to as _____________ when two or more persons come to an agreement concerning the commission of a felony
and decide to commit it
a. Proposal c. Band
b. Conspiracy d. Brigandage

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24. It refers to legislative act which inflicts punishment without trial
a. Bill of Rights c. Bill of Attainder
b. Ex post facto law d. Bill of Particulars

25. The basis of criminal liability is human free will and the purpose of the penalty is retribution
a. Positivist Theory c. Classical Theory
b. Mixed Theory d. Ecletic Theory

26. Which of the following is not a principle of extraterritoriality:

a. Should commit and offense while on a Philippine ship or airship in the high seas
b. Should forge or counterfeit coin or currency issued by the Government
c. While being private officers or employees, should commit an offense in the exercise of their functions
d. Should commit any of the crimes against national security and the law of the nations

Reason: No mention as to what currency or government. It must limited only to Philippine Currency. On the other hand, if
forged currencies are introduced in the Philppines, it applies to any currencies i.e. fake dollars, yen or won. Review Article 2
of RPC

27. This branch of government has the power to check and balance the constitutionality of the laws created
a. President c. Judicial
b. Executive d. Legislative

28. Freedom, intelligence and intent are elements of_____________

a. Culpa c. Dolo
b. Negligence d. Mala prohibita

29. Which of the following is not considered as unlawful aggression

a. Actual physical attack c. Physical assault
b. Threat to inflict imminent injury d. Threatening attitude

30. Exempting circumstances focus on___________

a. Act c. Actor
b. Intent d. Victim

31. Minority is an exempting circumstance in all instances, except

a. Child is below 15 years old with discernment
b. Child is above 15 years old but below 18 years old with or without discernment
c. Child is above 15 years old but below 18 years old with discernment
d. Child is below 15 years old with or without discernment

32. Claim of insanity to be a valid defense must be present during

a. Trial proper c. Commission of crime
b. Commission of crime until Judgment d. Arrest until Judgment

33. Which of the choices cannot be considered as justifying circumstance of defense of relatives? (BONUS)
a. Half-sister, stepsister, legally-adopted sister
b. Half-sister, sister-in-law, step-sister,
c. Half-sister, illegitimate child, step-sister,
d. Half-sister, 3rd cousin, step-sister

34. X positioned himself behind Y with his firearm. Instead of shooting Y, Z was also mistakenly hit by the bullet. This is an
example of
a. Error in Personae c. Impossible Crime
b. Aberratio Ictus d. Praeter Intentionem

35. Conspirators do not need to actually commit treason, rebellion, insurrection , it being sufficient that two or more persons agree
and decide to commit it. This conspiracy is called:
a. Conspiracy to commit rebellion
b. Conspiracy as a felony
c. Conspiracy as a manner of incurring criminal liability
d. Conspiracy as an aggravating circumstance

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36. Claire plotted to kill Margaux, the paramour of her husband, Nathan. She waited at the underground parking lot of Gaisano
Capital where Margaux and Nathan usually spend their illicit affairs. As soon as she identified the plate number of Nathan’s
car, Claire peeped into the vehicle and saw his husband having sex with his paramour. Claire fired successive shots at Nathan
and Margaux, killing them both. Regrettably, Claire discovered minutes after that the paramour was a transgender, thus making
it impossible for his husband to have sex with the latter. The case/s to be filed are:

a. Parricide for the death of Nathan and Impossible Crime of Homicide for the death of the transgender
b. Parricide for the death of Nathan and Impossible Crime of Rape with Homicide for the death of the transgender
c. Parricide only; no criminal liability for the death of the transgender as Claire had no intent to kill her
d. Parricide and Homicide for the death of Nathan and of Margaux

37. When the offender performs all the acts of execution which would produce a felony as a consequence but which nevertheless,
do not produce it by reason of causes independent of the will of the perpetrator
a. Attempted
b. Frustrated
c. Consummated
d. Impossible Crime

38. The crime of libel is consummated at an instance. Libel is an example of:

a. Formal crime
b. Victimless crime
c. Material crime
d. Impossible crime

39. Which of the justifying circumstances negate both civil and criminal liabilities? (BONUS)
a. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office
b. Any person who acts in obedience to an order issued by a superior for some lawful purpose
c. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or
intention of causing it
d. Any person who, in order, to avoid an evil or injury, does not act which causes damage to another, provided that the
evil sought to be avoided actually exists and that the injury feared be greater than that done to avoid it without no
other practical and less harmful means of preventing it

40. Marites, 17 year-old, Marimar, 14 year-old, and Marissa, 15 year-old took turns in stabbing Sofia with an ice pick. Suppose all
three were proven to have acted with discernment, who are liable and what is/are their liability/liabilities?
a. Both Marites and Marissa are criminally and civilly liable since defense of minority is not an exempting circumstance
when the criminal act was done with discernment
b. All three are criminally and civilly liable because defense of minority is immaterial if the criminal act was done with
discernment
c. Marites is criminally and civilly liable and Marimar and Marissa have no liability at all, regardless of the presence of
discernment on their part
d. Marites is criminally and civilly liable, while Marimar and Marissa are still civilly liable

41. This is described as a full and fair equivalent of the private property taken by the government
a. Indemnity
b. Damages
c. Just Compensation
d. Ransom

42. The following are considered material crimes, except?

a. Parricide
b. Homicide
c. Physical Injuries
d. Infanticide

43. Authority of the state to define and punish crimes and to lay down the rules of criminal procedure
a. Power of Taxation
b. Police Power
c. Power of Expropriation
d. Emergency Power

44. In order to validly claim defense of your 3rd cousin, the following requisites must exist, except
a. Unlawful aggression
b. Reasonable necessity of means employed
c. Lack of sufficient provocation on the person defending
d. Lack of resentment, revenge or other evil motive

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45. Gabriel killed Emily, mistakenly believing that she was his wife, upon surprising her having sex with another man in his
apartment. Is Gabriel criminally liable or not?

a. No, because Gabriel acted under a mistake of fact

b. Yes, Gabriel is only liable for reckless imprudence resulting to homicide because he failed to recognize that it was not
his wife
c. Yes, Gabriel is liable even if there is a mistake in identity of the intended and actual victim
d. No, Gabriel is not criminally liable for he had no intention to actually kill Emily

“ The beautiful thing about learning is nobody

can take it away from you.”
-B.B. King

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 PE 2

PART I (One point each. Choose the best answer.)

1. A single act results in two or more grave or less grave felonies

a. Complex Crime Proper
b. Compound Crime
c. Composite Crime
d. Continuing Crime

2. Dwelling is considered in the following cases, except

a. if the building where the crime was committed was not exclusively used for dwelling purposes
b. when both offender and offended party reside in the place
c. offended party has given sufficient and immediate provocation
d. none of the above

3. Kind of aggravating circumstance which changes the nature of crime

a. Generic
b. Specific
c. Qualifying
d. Inherent

4. A special complex crime is a composite crime

a. made up of 2 or more crimes defined in the Penal Code
b. with its own definition and special penalty provided by the Penal Code.
c. with its own definition and special penalty provided by a special penal law
d. made up of 2 or more crimes defined in the Penal Code and special penal laws

5. For illness to be appreciated as mitigating circumstance, the following requisites must be present except:
a. illness of the offender must diminish the exercise of his will-power
b. illness should not deprive the offender of consciousness of his acts
c. illness should deprive the offender of consciousness of his acts
d. None of the above

6. Which is not an element of ‘vindication of a grave offense?”

a. That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity within the same degree.
b. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication
and the doing of the grave offense.
c. The vindication need not be done by the person upon whom the grave offense was committed
d. The impulse must be so powerful that it naturally produces passion or obfuscation in him

7. Which of the following is an example of inherent aggravating circumstance?

a. Dwelling
b. by means of motor vehicle
c. evident premeditation in theft
d. taking advantage of public position

8. Tero Rista placed a timed bomb inside the passenger plane which caused 10 deaths and destruction of plane. Under this
circumstance, there is
a. Composite crime
b. Compound crime
c. Special complex crime
d. All of the above

9. If not all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are present, what
circumstance is present?
a. Extenuating
b. Absolutory
c. Mitigating
d. Alternative

10. The following are requisites for voluntary surrender to be mitigating except:
a. Offender had not been actually arrested
b. Offender surrendered himself to person in authority
c. Surrender was conditional
d. Surrender was voluntary

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11. For plea of guilty to be mitigating, the requisites are the following, except:
a. That the accused spontaneously pleaded guilty to the crime charged;
b. That such plea was made before the court competent to try the case and render judgment; and
c. That such plea was made prior to the presentation of evidence for the prosecution.
d. That such plea was made to the lesser offense

12. At about 9:30 in the evening, while Dino and Raffy were walking along Padre Faura Street, Manila, Johnny hit them with a
rock injuring Dino at the back. Raffy approached Dino, but suddenly, Bobby, Steve, Danny and Nonoy surrounded the duo.
Then Bobby stabbed Dino. Steve, Danny, Nonoy and Johnny kept on hitting Dino and Raffy with rocks. As a result, Dino died.
Bobby, Steve, Danny, Nonoy and Johnny were charged with homicide. Can the court appreciate the aggravating circumstance
of nighttime?

a. Nighttime must be appreciated because the crime actually happened at night

b. Nighttime cannot be appreciated because there is no indication that the offenders deliberately sought the cover of
darkness to facilitate the commission of the crime or that they took advantage of nighttime
c. Nighttime cannot be considered because it is inherent in the crime of homicide

13. In the previous case, can the aggravating circumstance of band be appreciated?
a. Band should be considered as the crime was committed by more than three armed malefactors
b. Band should not be considered as there were less than three armed malefactors
c. Band should not be considered since rock does not qualify as arms

14. Manuel and Eden are husband and wife living in an apartment within the University belt. They took in Ramon, a male student-
townmate, as a boarder. Before long, Eden and Ramon fell in love with each other until one day Manuel caught them in bed.
Eden and Ramon were charged for the crime of adultery. Will you consider dwelling as an aggravating circumstance present
in the said case?
a. Dwelling cannot be considered because the wife and the paramour were living in the same house where they had a
right to be.
b. Dwelling can be considered since the crime happened in the family home of the spouses
c. Dwelling cannot be considered since it is inherent in the crime of adultery

15. In the course of a fight, A assaulted the B with a knife inflicting upon the latter a serious- cut on his left arm prompting B to
run and flee. B was pursued by A. After having fled for a short distance, B fell on the ground, face downward, and before he
could stand, A delivered a fatal stab with his knife on the back of the B.
Is the attack treacherous?

a. No, since A assaulted the B with a knife in the course of a fight, it cannot be said that the attack was treacherous
because the victim would have been placed on his guard.
b. Yes, since B suffered a fatal stab wound at his back
c. Yes, since B was stabbed while he was facing downward as he fell on the ground

16. The presence of a band requires

a. At least 3 armed malefactors
b. more than 3 armed malefactors
c. at least two armed malefactors
d. at least one armed malefactor

17. After raping Inday Leepong, Boy Manyakis shot her to death using a .45 caliber pistol. This is an example of:
a. compound crime
b. complex crime proper
c. special complex crime
d. continuing crime

18. 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. Reiteracion
c. Habitual delinquency
d. Quasi-recidivism

19. Which of the following is an example of afflictive penalty?

a. Prision correccional
b. Aresto mayor
c. Reclusion temporal
d. Destierro

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20. If the crime is committed on the occasion of a calamity, the crime is
a. Mitigated
b. Justified
c. Aggravated
d. Exempt

21. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious
physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener
a. Recidivist
b. Quasi-recidivist
c. Habitual delinquent
d. Hardened criminal

22. Vincent stabbed an innocent bystander who accidentally bumped him. The innocent bystander died as a result of the stabbing.
Vincent was arrested for murder qualified by
a. Evident premeditation and treachery
b. Evident premeditation
c. Treachery
d. None, proper charge is homicide

23. Which of the following is true regarding entrapment as compared to instigation? (BONUS; either A or C is correct)

a. As to the criminal design, in entrapment, it originates from and is already in the mind of the lawbreaker even before
arrest. In instigation, the idea and design to bring about the commission of the crime originated and developed in the
mind of the law enforcers
b. In instigation, the law enforcers resort to ways and means for the purpose of capturing the lawbreaker in flagrante
delicto. In entrapment, the law enforcers induce, lure, or incite a person who is not minded to commit a crime and
would not otherwise commit it, into committing the crime
c. Entrapment will not bar the prosecution and conviction of the lawbreaker while instigation absolves the accused from
criminal liability

24. Which of the following is the effect of complex crimes

a. Changes the nature of the crime to a graver offense
b. Afflictive penalty is imposed in its maximum period
c. Most serious penalty is imposed
d. Maximum period of serious penalty

25. Which of the following is true in cases of special complex crimes?

a. penalty for the most serious crime shall be imposed and in its maximum period
b. one penalty is specifically prescribed for all the component crimes
c. All afflictive penalties shall be imposed
d. Capital punishment

26. Grave felonies are those which the law attaches

a. Afflictive penalties in its maximum period
b. Capital punishment, reclusion perpetua, reclusion temporal
c. Afflictive penalties in any of its period
d. Reclusion temporal, prison correctional, reclusion perpetua

27. For mitigating circumstance of provocation, the following requisites are required, except:
a. Sufficient lapse of time
b. Sufficient provocation
c. From the offended party
d. Immediate

28. Lapse of time is allowed between the grave offense and the vindication if the influence thereof, if:
a. Not applicable; lapse of time is never allowed in the mitigating circumstance of vindication of grave offense
b. by reason of its gravity and the circumstances under which it was inflicted, lasted until the moment crime was
committed
c. due to distance and time constraints

29. Confession of guilt to be considered voluntary must be:

a. To the lesser offense
b. To the specific crime charged
c. Before the offended party in private
d. In writing

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30. Delfa killed her husband’s paramour in the heat of rage with multiple gunshot wounds. Delfa must be charged for:
a. Homicide
b. Murder qualified by evident premeditation
c. None, act is justified
d. Murder qualified by cruelty

31. No complex crimes in cases of the following, except

a. Special penal laws
b. Special complex crimes
c. Continuing crimes
d. None of the above

32. Dwelling to be considered, the offended party must be:

a. Permanent resident of the building
b. Occupant of the building
c. Registered owner of the building
d. Co-owner of the building

33. Uninhabited place is considered an aggravating circumstance if:

a. is especially sought by the offender
b. it is taken advantage of by offender
c. facilitates the commission of the crime by ensuring the offender’s immunity from capture
d. all of the above

34. Aid of armed men to be considered as an aggravating circumstance, the malefactors must be
a. principals by direct participation
b. accessories
c. accomplices
d. principals by direct inducement

35. Treachery to be considered as an aggravating circumstance if the attack was surrounded by which set of the following
circumstances:
a. Sudden and immediate attack
b. Sudden attack and victim was defenseless at the time of the attack
c. Victim was defenseless during the sudden attack with deliberate employment of means of attack
d. Victim was defenseless and attack was not preceded by warning and provocation

36. Brando told Jimmy, Peter, and Joseph that he would give them P500,000.00 if they can kill Warren. In view of the offer,
Jimmy, Peter, and Joseph met with Brando to plot the intended crime. The following day, the four accused went to Warren’s
place, each carrying a baseball bat. Brando stayed in his car to keep watch while his co-accused went upstair to the house.
Fifteen minutes after, the three accused went down with bloodstained bats. Brando brought them away from the place. When
they reached the next town, he gave them P500,000.00 as he promised. They were all arrested and charged of murder aggravated
by a band. Is band attendant to the commission of the crime?

a. Yes, because there were four armed malefactors each carrying a baseball bat
b. Yes, because all four were armed and plotted to commit murder as principals by direct participation
c. No, because band is absorbed in the crime or murder
d. No, because one malefactor is a principal by inducement

37. A recidivist requires that the two crimes committed must be

a. embraced under the same provision of the revised penal code
b. belong to the same title of the revised penal code
c. at least two grave offenses
d. one under revised penal code and the other under special penal laws

38. Defense of incomplete self- defense is considered as

a. Justifying circumstance
b. Ordinary mitigating circumstance
c. Privileged mitigating circumstance
d. Alternative circumstances

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PART II. (Three points each.)

QUESTION:

The accused and the victim occupied adjacent apartments, each being a separate dwelling unit of one big house. The accused
suspected his wife of having an illicit relation with the victim. One afternoon, he saw the victim and his wife together on board
a vehicle. In the evening of that day, the accused went to bed early and tried to sleep, but being so annoyed over the suspected
relation between his wife and the victim, he could not sleep. Later in the night, he resolved to kill victim. He rose from bed and
took hold of a knife. He entered the apartment of the victim through an unlocked window. Inside, he saw the victim soundly
asleep. He thereupon stabbed the victim, inflicting several wounds, which caused his death within a few hours.

39. Would you say that the killing was attended by the qualifying or aggravating circumstances of evident premeditation?
a. Yes, the accused committed an act manifestly indicating that he has clung to his determination to kill the victim
b. Yes, as there was sufficient lapse of time between the determination and the actual execution which allowed the
accused time to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of the
will if he desired to hearken to its warning
c. No, evident premeditation cannot be considered against the accused because he resolved to kill the victim "later in
the night" and there was no sufficient lapse of time between the determination and execution, to allow his
conscience to overcome the resolution of his will

40. Would you say that the killing was attended by the qualifying or aggravating circumstances of treachery?
a. Yes, treachery is present because the accused stabbed the victim while the latter was sound asleep and he employed
means and methods which directly and specially insured the execution of the act without risk himself arising from the
defense which the victim might have made
b. No, treachery is not present when the victim provoked the accused
c. No, treachery is not present because there was sufficient lapse of time between the time he decided to kill the victim
and the time he actually executed the crime

41. Would you say that the killing was attended by the qualifying or aggravating circumstances of nighttime?
a. Nighttime cannot be appreciated because there is no showing that the accused deliberately sought or availed of
nighttime to insure the success of his act.
b. Nighttime is present since the crime happened late at night
c. Nighttime is present since it facilitated the success of his act since the victim was deeply asleep and thus completely
defenseless

42. Would you say that the killing was attended by the qualifying or aggravating circumstances of unlawful entry?
a. Unlawful entry is present since the accused entered the room of the victim through the window, which is not the proper
place for entrance into the house
b. Unlawful entry is absent since it was not deliberately adopted as means to facilitate the crime
c. Unlawful entry is absorbed by the aggravating circumstance of treachery

“The capacity to learn is a gift; the ability to learn is a skill; the willingness to learn is a choice.”
- Brian Herbet

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 PE 3 EXAM

1. A person who conceals or assists in the escape of the principal of the crime
a. Accomplice
b. Principal
c. Accessory
d. None of the above

2. The basis of criminal liability is human free will

a. Positivist Theory
b. Eclectic Theory
c. Classical Theory
d. Utilitarian Theory

3. Performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or ineffectual means
a. complex crime
b. complex crime proper
c. impossible crime
d. heinous crime

4. 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. Reiteracion
c. Habitual delinquency
d. Quasi-recidivism

5. Crimes that have three stages of execution

a. Formal
b. Seasonal
c. Material
d. Complex

6. The power to enact penal or criminal laws belongs to the ___ branch of government
a. executive
b. legislative
c. judiciary
d. court

7. A person directed the blow at an intended victim but because of poor aim, that blow landed on somebody else
a. Error in personae
b. Praeter intentionem
c. Aberratio ictus
d. All of the above

8. Crimes punishable by reclusion perpetua prescribes in

a. 10 years
b. 20 years
c. 15 years
d. 25 years

9. Romina, a domestic servant of Robert has been nurturing grudges against him for long. One day, while Robert was sitting on
his rocking chair, Romina fired shots towards Robert. It turned out however that Robert has been dead from a stroke an hour
ago. Romina can be liable for:
a. Murder
b. Impossible crime of murder
c. Homicide
d. No crime committed

10. The offender commences the commission of a felony directly by overt acts and does not perform all the acts of execution which
should produce the felony by reason of some cause of accident other than his own spontaneous desistance
a. consummated
b. frustrated
c. attempted
d. all of the above

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11. In which of the following crimes can a relationship of the offender and the offended party be considered aggravating?
a. Theft
b. Rape
c. Robbery
d. Malicious Mischief

12. A legislative act which inflicts punishment without trial

a. Ex post facto law
b. Pardon
c. Amnesty
d. Bill of attainder

13. A person who directly induce another to commit a crime by giving a reward is liable as
a. Principal by direct participation
b. Principal by indispensable cooperation
c. Principal by inducement
d. Accomplice

14. A single act which results in two or more grave or less grave felonies
a. Complex crime proper
b. Continuing crime
c. Compound crime
d. Composite crime

15. Which of the following is not one of the alternative circumstances?

a. Relationship
b. Cruelty
c. Intoxication
d. Degree of instruction

16. This refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws:
a. Child in conflict with law
b. Minor child
c. Guilty child
d. None of the above

17. Confession of guilt to be mitigating must be made

a. outside the court
b. police station
c. inside the court
d. All of the above

18. The following are mitigating circumstances except:

a. Sufficient threat or provocation
b. Vindication of a grave offense
c. Avoidance of greater evil
d. Uncontrollable fear

19. It pertains to the moral order which adds disgrace to the material injury caused by the crime
a. Treachery
b. Ignominy
c. Cruelty
d. Quasi-recidivism

20. There is no criminal and civil liability under this circumstance:

a. Alternative
b. Mitigating
c. Justifying
d. Exempting

21. Violations of special law is referred to as_______

a. Crime
b. Felony
c. Offense
d. Misdemeanor

22. When a felony is committed by means of dolo, it means:

a. there is fault
b. there is deliberate intent
c. no crime committed
d. None of the above

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23. Criminal law is binding on all persons who live or sojourn in Philippine Territory
a. General
b. Prospective
c. Territorial
d. Retroactive

24. Crime is essentially a social and natural phenomenon

a. Positivist Theory
b. Mixed Theory
c. Classical Theory
d. All of the above

25. The following are requisites of dolo except:

a. Freedom
b. Intelligence
c. Intent
d. Negligence

26. All the elements necessary for its execution and accomplishment are present; the felony is produced
a. Attempted
b. Consummated
c. Frustrated
d. No crime committed

27. Power of the state to define and punish crimes

a. Power of Eminent Domain
b. Taxation Power
c. Police Power
d. Emergency Power

28. Those which the law attaches the capital punishment or penalties which in any of their periods are afflictive
a. Less Grave
b. Light
c. Grave
d. All of the above

29. If insanity is present at the time of the commission of the crime, the accused is:
a. justified from criminal liability
b. exempt from criminal liability
c. no criminal liability
d. trial will proceed

30. A person if within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious
physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of the said crimes a third time or oftener
a. Recidivist
b. Quasi-recidivist
c. Habitual delinquent
d. Hardened criminal

31. Kawa Tan was convicted of the crime of robbery. Years after serving sentence, he committed the crime of theft. What kind of
multiple offender is Kawa Tan?
a. Quasi-recidivism
b. Recidivism
c. Habitual Delinquency
d. Reiteracion

32. Battered Woman Syndrome is an example of:

a. mitigating circumstance
b. exempting circumstance
c. justifying circumstance
d. alternative circumstance

33. When a single act constitutes two or more grave or less grave felonies, the penalty for the _____ crime shall be imposed
a. lesser
b. no penalty
c. most serious
d. None of the above

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34. Chito, a government anti-drugs agent, acted as a poseur buyer of shabu and negotiated with Ely, a suspected drug pusher who
is unaware that Chito is a police officer. Chito then paid Ely in marked money and the latter handed over a sachet of shabu.
Upon signal, the cops closed in on Ely. This is an example of
a. Instigation
b. Planting evidence
c. Entrapment
d. All of the above

35. Which of the following is not a justifying circumstance?

a. Avoidance of greater evil
b. Fulfillment of duty
c. Defense of strangers
d. Uncontrollable fear

36. The following is a requisite of voluntary surrender as mitigating circumstance except:

a. offender had not been actually arrested
b. offender surrendered himself to a person in authority or to the latter‘s agent
c. surrender was voluntary
d. surrender was involuntary

37. Which of the following crimes does not admit frustrated stage?
a. Murder
b. Physical Injury
c. Parricide
d. Infanticide
38. The following are criminally liable for grave and less grave felonies:
a. Principals
b. Accomplices
c. Accessories
d. All of the above

39. Who has the power to grant pardon?

a. Congress
b. Prosecutor
c. President
d. Judge

40. Kind of aggravating circumstance which changes the nature of crime

a. Generic
b. Specific
c. Qualifying
d. Inherent

41. For irresistible force to be appreciated as exempting circumstance

a. Compulsion is by means of physical force
b. Physical force must be resistible
c. Physical force must come from the defender
d. All of the above

42. A continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force or continuing
force, however long a time it may occupy
a. Special Complex Crime
b. Composite Crime
c. Continuing Crime
d. All of the above

43. Aggravating circumstance which accompanies the commission of the crime and is therefore not considered in increasing the
penalty to be imposed
a. Qualifying
b. Inherent
c. Special
d. Generic

44. Praeter intentionem is an example of:

a. justifying circumstance
b. mitigating circumstance
c. exempting circumstance
d. alternative circumstance

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45. Which of the following is not a mitigating circumstance?
a. Voluntary Plea of Guilty
b. Physical Defect
c. Minority
d. Passion or Obfuscation

46. The basis of compulsion of irresistible force being an exempting circumstance

a. lack of criminal intent
b. lack of freedom
c. lack of intelligence
d. lack of motive

47. Accessories are not criminally liable when

a. the felony committed is a grave felony
b. the felony committed is a less grave felony
c. the felony committed is a light felony
d. None of the above

48. The presence of a band requires

a. more than 3 armed malefactors
b. less than 3 armed malefactors
c. atleast two armed malefactors
d. atleast one armed malefactor

49. A special complex crime is a composite crime

a. made up of 2 or more crimes defined in the Penal Code
b. with its own definition and special penalty provided by the Penal Code
c. with its own definition and special penalty provided by a special penal law
d. made up of 2 or more crimes defined in the Penal Code and special penal laws

50. If not all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are present, what
circumstance is present?
a. Justifying
b. Exempting
c. Mitigating
d. Alternative

51. One who materially executes the crime

a. Accessory
b. Accomplice
c. Principal
d. All of the above

52. When does a principal by induction become liable?

a. When he/she decided to increase the offer as a reward
b. When the principal by direct participation committed the act induced
c. When the accomplices refused to do the job due to a cheap reward
d. When the victim dies and the perpetrators are unidentified

53. If there is conspiracy, the criminal liability of all is

a. the same
b. different
c. depends on the participation
d. None of the above

54. It can be offset by any aggravating circumstance

a. privileged mitigating circumstance
b. ordinary mitigating circumstance
c. extraordinary mitigating circumstance
d. None of the above

55. What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel of Russian registry while
the vessel is anchored outside the breakwaters of the Manila bay?
a. The Indonesian court
b. The Russian court
c. The Philippine court
d. Any court that first asserts jurisdiction over the case

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56. For illness to be appreciated as mitigating circumstance, the following requisites must be present except:
a. illness of the offender must diminish the exercise of his will-power
b. illness should not deprive the offender of consciousness of his acts
c. illness should deprive the offender of consciousness of his acts
d. None of the above

57. Criminal law is binding on all persons who live or sojourn in Philippine Territory
a. Territorial
b. Prospective
c. General
d. Retroactive

58. When all the elements necessary for its execution and accomplishment are present
a. Attempted
b. Frustrated
c. Consummated
d. Impossible crime

59. Mistake in the identity of the victim; injuring one person mistaken for another
a. Error in Personae
b. Aberratio Ictus
c. Prater Intentionem
d. Actus Reus

60. Which of the following crimes do not admit frustrated stage? (BONUS)
a. Murder
b. Homicide
c. Rape
d. Infanticide

61. Wrong merely because prohibited by law and criminal intent is not an element
a. Mala in se
b. Mala prohibita
c. Mens rea
d. Actus reus

62. When the offender performs all the acts of execution which would produce a felony as a consequence but which nevertheless,
do not produce it by reason of causes independent of the will of the perpetrator
a. Attempted
b. Frustrated
c. Consummated
d. None of the above

63. Which of the following is considered a formal crime?

a. Murder
b. Homicide
c. Physical Injuries
d. Infanticide

64. That cause, which in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury
without which the result would not have occurred
a. Immediate Cause
b. Reasonable Cause
c. Proximate Cause
d. Intent

65. The crime of libel is consummated at an instance. It does not have an attempted stage. Libel is an example of:
a. Formal crime
b. Victimless crime
c. Material crime
d. Frustrated crime

66. This is described as a full and fair equivalent of the property taken from the private owner by the expropriator
a. Ransom
b. Damages
c. Just Compensation
d. Payment

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67. Boy Sabog, who has a crush on Ally, was caught by Ally removing their glass window panes. Ally shouted and Boy Sabog
scampered away. Boy Sabog is liable for:
a. Attempted robbery
b. Frustrated robbery
c. Attempted trespass to dwelling
d. Attempted rape

68. Conspirators do not need to actually commit treason, rebellion, insurrection, it being sufficient that two or more persons agree
and decide to commit it. This conspiracy is called:
a. Conspiracy to commit rebellion
b. Conspiracy as a felony
c. Conspiracy as a manner of incurring criminal liability
d. Conspiracy as an aggravating circumstance

69. It refers to any person who shall commit a felony after having been convicted by final judgment, before beginning to serve
sentence or while serving sentence
a. Habitual delinquent
b. Recidivist
c. Quasi-recidivist
d. None of the above

70. Impossible crimes apply to the following crimes

a. Crimes against national security
b. Crimes against property
c. Crimes against personal liberty & security
d. Crimes against chastity

71. Minority is an exempting circumstance in all instances, except

e. Child is below 15 years old with discernment
f. Child is above 15 years old but below 18 years old with or without discernment
g. Child is above 15 years old but below 18 years old with discernment
h. Child is below 15 years old with or without discernment

72. Claim of insanity to be a valid defense must be present during

a. Trial proper
b. Commission of crime
c. Commission of crime until Judgment
d. Arrest until Judgment

73. The following are examples of light felonies, except

a. Intriguing against honor
b. Slight physical injuries
c. Alteration of boundary marks
d. Malicious prosecution

74. The crime of theft is punishable except if:

e. The crime committed is an impossible crime of theft
f. The stage of execution is frustrated
g. It is a light felony
h. The stage of execution is attempted

75. Which of the following is NOT TRUE regarding entrapment as compared to instigation? (BONUS, all items are true)
d. As to the criminal design, in entrapment, it originates from and is already in the mind of the lawbreaker even before
arrest. In instigation, the idea and design to bring about the commission of the crime originated and developed in the
mind of the law enforcers

e. In entrapment, the law enforcers resort to ways and means for the purpose of capturing the lawbreaker in flagrante
delicto. In instigation, the law enforcers induce, lure, or incite a person who is not minded to commit a crime and
would not otherwise commit it, into committing the crime

f. Entrapment will not bar the prosecution and conviction of the lawbreaker while instigation absolves the accused from
criminal liability

76. Which of the following is the effect of complex crimes

a. Changes the nature of the crime to a graver offense
b. Afflictive penalty is imposed in its maximum period
c. Most serious penalty is imposed
d. Maximum period of serious penalty

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77. Which of the following is true in cases of special complex crimes?
a. penalty for the most serious crime shall be imposed and in its maximum period
b. one penalty is specifically prescribed for all the component crimes
c. All afflictive penalties shall be imposed
d. Capital punishment

78. Grave felonies are those which the law attaches

a. Afflictive penalties in its maximum period
b. Capital punishment, reclusion perpetua, reclusion temporal
c. Afflictive penalties in any of its period
d. Reclusion temporal, prison correctional, reclusion perpetua

79. For mitigating circumstance of provocation, the following requisites are required, except:
a. Sufficient lapse of time
b. Sufficient provocation
c. From the offended party
d. Immediate

80. Confession of guilt to be considered voluntary must be:

a. To the lesser offense
b. To the specific crime charged
c. Before the offended party in private
d. In writing

81. When are light felonies punishable?

e. Light felonies are punishable in all stages of execution
f. Light felonies are punishable when consummated
g. Light felonies are punishable when committed against persons and property
h. Light felonies are punishable only when consummated except if the crimes committed are against persons or property

82. Criminal laws apply only within Philippine territory, except if

e. A crime was committed on board a Philippine-registered overseas vessel and/or aircraft in the high seas
f. A crime was committed on board a Philippine-registered overseas vessel and/or aircraft, regardless of the place of
commission
g. A crime was committed against a Filipino national, regardless of the place of commission
h. A crime was committed involving currency issued by the government, regardless of the place of commission

83. Formal crimes are defined as ___________

e. Crimes which are always consummated
f. Crimes which have all different stages of execution
g. Crimes which can have attempted, frustrated and consummated stages of execution
h. Crimes which can have only attempted and consummated stages of execution

84. Felony may be committed by means of ___________

a. Intent and motive
b. Intent and malice
c. Dolo and culpa
d. Malice and negligence

85. Ponciano borrowed Ruben’s gun, saying that he would use it to kill Freddie. Because Ruben also resented Freddie, he readily
lent his gun, but told Ponciano: "O, pagkabaril mo kay Freddie, isauli mo kaagad, ha." Later, Ponciano killed Freddie, but used
a knife because he did not want Freddie’s neighbors to hear the gunshot. Ruben is a/an___________?
a. Accomplice
b. Principal by indispensable cooperation
c. Principal by inducement
d. No liability

Reason: Ruben’s liability is that of an accomplice only because he merely cooperated in Pociano’s determination to kill
Freddie. Such cooperation is not indispensable to the killing, as in fact the killing was carried out without the use of Ruben’s
gun. Neither may Ruben be regarded as a co-conspirator since he was not a participant in the decision-making of Ponciano to
kill Freddie; he merely cooperated in carrying out the criminal plan which was already in place

86. Immediately after murdering Bob, Jake went to his mother to seek refuge. His mother told him to hide in the maid’s quarters
until she finds a better place for him to hide. A week later, Jake and his mother were apprehended by the police. Can Jake’s
mother be criminally liable?
a. Yes, she is an accessory
b. Yes, she is an accomplice
c. No, she is exempted due to relationship
d. No, she did not participate prior, during and even after the commission of the crime

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87. Which of the following does not have the complete effect of extinguishing the crime?
a. Prescription of penalties
b. Prescription of crimes
c. Good conduct time allowance
d. Amnesty

88. A asked B to kill C because of a grave injustice done to A by C. A promised B a reward. B was willing to kill C, not so much
because of the reward promised to him but because he also had his own long-standing grudge against C, who had wronged him
in the past. If C killed by B, would A be liable as__________?
a. Principal by inducement
b. Accomplice
c. Principal by indispensable cooperation
d. None

Reason: A would not be liable as principal by inducement because the reward he promised B is not the sole impelling reason
which made B kill C. To bring about the criminal liability of a co-principal, the inducement made by the inducer must be the
sole consideration which caused the person induced to commit the crime and without which the crime would not have been
committed. The facts of the case would indicate that B, the killer supposedly induced by A had his own reason to kill C out of
a long standing grudge.

89. Accomplices are those persons who, not being the principal, cooperate in the execution of the offense by_____________
a. Previous and subsequent acts
b. Previous and simultaneous acts
c. Subsequent acts
d. all throughout acts

90. It is referred to as ___ when two or more persons come to an agreement concerning the commission of a felony and decide to
commit it
a. Proposal
b. Band
c. Conspiracy
d. Brigandage

91. Which of the following is not a principle of extraterritoriality:

a. Should commit and offense while on a Philippine ship or airship in the high seas
b. Should forge or counterfeit coin or currency issued by the Government
c. While being private officers or employees, should commit an offense in the exercise of their functions
d. Should commit any of the crimes against national security and the law of the nations

Reason: No mention as to what currency or government. It must limited only to Philippine Currency. On the other hand, if
forged currencies are introduced in the Philppines, it applies to any currencies i.e. fake dollars, yen or won. Review Article 2
of RPC

92. This branch of government has the power to check and balance the constitutionality of the laws created
a. President
b. Judicial
c. Executive
d. Legislative

93. Freedom, intelligence and intent are elements of_____________

c. Culpa
d. Dolo
e. Negligence
f. Mala prohibita

94. Which of the following is not considered as unlawful aggression

a. Actual physical attack
b. Physical assault
c. Threat to inflict imminent injury
d. Threatening attitude

95. Exempting circumstances focus on___________

a. Act
b. Actor
c. Intent
d. Victim

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96. The following accessories are exempt from criminal liability if the principal is his or her
a. spouse
b. ascendant
c. descendant
d. cousin

97. Delfa killed her husband’s paramour in the heat of rage with multiple gunshot wounds. Delfa must be charged for:
a. Homicide
b. Murder qualified by evident premeditation
c. None, act is justified
d. Murder qualified by cruelty

98. Dwelling to be considered, the offended party must be:

a. Permanent resident of the building
b. Occupant of the building
c. Registered owner of the building
d. Co-owner of the building

99. Uninhabited place is considered an aggravating circumstance if:

a. is especially sought by the offender
b. it is taken advantage of by offender
c. facilitates the commission of the crime by ensuring the offender’s immunity from capture
d. all of the above

100. Aid of armed men to be considered as an aggravating circumstance, the malefactors must be
a. principals by direct participation
b. accessories
c. accomplices
d. principals by direct inducement

- END -

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