MCQ

1) The maxim "Nullum crimen nula poena sine lege" means that

a) crime is a product of law.

b) the act is criminal at the time of its commission and recognized as such at the
time of its commission, but the penalty, therefore, is prescribed in a subsequently
enacted law.
c) The act is criminal and punished under and pursuant to common law.
d) there is a crime for as long as the act is inherently evil.

2) The correct rule is a penal law should be given a retroactive effect if it is

favorable to the accused:

a) unless 1) the accused is a habitual delinquent and 2) it is expressly made

inapplicable to existing causes of action.
b) unless the accused is a habitual delinquent.
c) unless the new law expressly provides that it is inapplicable to existing causes
of action.
d) unless the old law has been expressly repealed.

3) Motive is important:

a) To ascertain the truth of two (2) antagonistic theories.

b) To know the identity of the accused.
c) To ascertain what crime is committed.
d) When there is no evidence against the accused.

4) Mr. A intended to kill B. A fired his gun at B with no attending qualifying

circumstances. A missed and hit C. C was injured and his injury requires medical
attendance for at least 10 days. A is liable for what crime?
a) Attempted homicide with less serious physical injuries.
b) Less serious physical injuries.
c) Attempted murder with slight physical injuries.
d) Separate crimes of homicide and slight physical injuries.

5) If the public officer rejected the bribe, the giver is liable for:

- Attempted Bribery.
- Attempted Corruption of a Public Officer.
- Frustrated Bribery.
- Frustrated Corruption of a Public Officer.
- None of the choices.

6) 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) Philippine court
b) Russian court
c) Indonesian court
d) Any court that first asserts jurisdiction over the case

7) A public officer who immediately and instantly returns the bribe money handed
over to him commits:

- Attempted Bribery.
- Attempted Corruption of a Public Officer.
- Frustrated Bribery.
- Frustrated Corruption of a Public Officer.
- None of the choices.

8) Which of the following cases do not fall under the application of Philippine
criminal laws?
- An American consular officer who issued a bouncing check in payment for the
birthday party of his son and charged with violation of BP 22.
- A Chinese citizen who counterfeits US Dollars in China and imports these into
the Philippines.
- An Israeli owned and Panamanian registered vessel docked in Mindoro where
an Indonesian crewman kills his fellow Indonesian and steals the latter’s jewelry.
- A Filipino consular officer in Hong Kong issues a fake Philippine passport to a
Chinese citizen in order to allow the latter to leave Hong Kong.
- All of the choices.
- None of the choices

9) Andres, Ben, and Carlo recruited Don to join their fraternity. Don agreed and they
proceeded to schedule his initiation rites. During the rites, Ben and Carlo started
drinking while, in their presence, Andres started Don’s initiation by punching Don
in his abdomen. Unknown to him, Don had a heart condition and after several
blows the latter suffered a heart attack and died. Startled, the three rushed Don
 to the hospital but he had already died. Which of the following statements is
correct?

a) All three are liable for Don’s death under the Anti-Hazing Law.
b) Andres is liable for reckless imprudence resulting to homicide for Don’s death.
Ben and Carlo are not liable.
c) All three are liable for reckless imprudence resulting to homicide.
d) Andres is liable for Don’s death under the Anti-Hazing Law. Ben and Carlo are
mere accomplices under the Anti-Hazing Law.
e) All three incur no criminal liability and are merely civilly liable for Don’s death.

10)An offender may invoke a mitigating circumstance if he had no intention to

commit a grave wrong in:

- Aberratio Ictus. Mistake in the Blow

- Error in Personae. Mistake in Identity
- Praeter Intentionem.
- All of the choices.
- None of the choices.

11) Danny had attended a birthday party and had too much alcohol to drink.
Nevertheless, he drove himself home. While driving, he fell asleep and lost
control of his vehicle and hit another car carrying Arnold, Benny, and Cindy. This
led to Arnold’s death, Benny’s serious physical injuries, while Cindy was left
unscathed. Their car was also a total wreck. What charge/s should be filed
against Danny?

- Three separate charges of reckless imprudence resulting to homicide, reckless

imprudence resulting to serious physical injuries, and reckless imprudence
resulting to damage to property.
- A single charge of reckless imprudence resulting to homicide, serious physical
injuries, and damage to property.
- A charge of a single complex crime of reckless imprudence resulting to homicide,
serious physical injuries, and damage to property.
- Two separate charges of reckless imprudence resulting to homicide and serious
physical injuries, and reckless imprudence resulting to damage to property.
- A single charge of reckless imprudence resulting to homicide absorbing the
serious physical injuries and damage to property.
12)The Principle of Public International Law exempts certain individuals from the
General Characteristic of Criminal Law. Who among those below are not exempt
from the Generality Rule?
- Commercial attaché of a foreign country
- Chiefs of State or Sovereign
- Minster Residents
- Ambassador
- Chief of Mission

13)X inflicted serious injuries on Y. Because of the delay in providing medical

treatment to Y, he died. Is X criminally liable for the death of Y?

a) Yes, because the delay did not break the causal connection between X's
felonious act and the injuries sustained by Y.
b) Yes, because any intervening cause between the infliction of injury and death
is immaterial.
c) No, because the infliction of injury was not the immediate cause of the death.
d) No, because the delay in the administration of the medical treatment was an
intervening cause.

14)Following a heated argument, Mr. X killed Mr. Y. After he killed Mr. Y, Mr. X
immediately proceeded to the house of his cousin, Mr. Z, to ask for his protection.
Mr. Z was then the Chief of Police of ABC Municipality, the locality where the
killing happened. For 5 years, Mr. X was neither charged nor apprehended by the
authorities, thanks to his cousin’s influence. When Mr. Z was transferred to
another jurisdiction, Mr. X was finally apprehended, charged, and convicted of
the crime of homicide. Mr. Z was likewise convicted as an accessory to the crime.
From the foregoing facts, which of the following statements is true?

a) Mr. Z is liable as an accessory because he is not among the persons

covered/contemplated under Article 20 of the Revised Penal Code.
b) Mr. Z is liable as an accessory to the crime of homicide because unlike
ordinary citizens, police officers and other law enforcement personnel do not
enjoy the benefit under Article 20 of the Revised Penal Code.
c) Mr. Z is liable as an accessory to the crime of homicide because he profited
from the effects of the crime.
d) Mr. Z is not liable because he is a relative of Mr. X within the fourth degree

15)Which of the following crimes is an exception to the Territoriality Rule in Criminal

law?
 a) Plunder committed at his place of assignment abroad by a Philippine public
officer.
b) Violation of the Trademark Law committed by an alien in the Philippines.
c) Forgery of US banknotes committed in the Philippines.
d) Crime committed by a Filipino in the disputed Spratly's Island.

16)Which of the following is correct:

- The accused is not liable for the result not intended when there is a mistake of
fact constituting an involuntary act.
- Mistake of fact is a defense in a culpable felony. intent
- Accused is not liable for the result not intended when there is a mistake in the
identity of the victim.
- Accused is not criminally liable for the results not intended when the wrongful act
is the proximate cause of the resulting injury.

MODIFIED T/F

17) A fine of PhP40,000.00 if imposed as a penalty is a light penalty.

Answer:

18)There is unlawful aggression if there is an agreement to fight.

Answer:

19) In Aberratio Ictus, the felonies that are produced are both intentional felonies.

Answer:

20)In a pre-conceived plan to commit a crime, one must always be present at the
scene of the crime and must have performed an overt act to be held liable as a
conspirator.

Answer:

21) All crimes punishable under special laws are mala prohibita crimes.

Answer:
 22)Jose placed a piece of cloth soaked in a chemical on the face and mouth of a
woman who was sleeping and placed himself on top of her, is liable for
Attempted Rape.

Answer:

23) In conspiracy, the act of one is the act of all. Thus, the acquittal of one
co-conspirator necessarily results in the acquittal of the others.

Answer:

24)A person acting in self-defense fired his gun not at his assailant but instead
indiscriminately fired his deadly weapon at the other persons present thereat is
liable for an intentional felony.

Answer:

25)The wheel conspiracy occurs when there is a single person or group called the
hub dealing individually with two or more other persons or groups called the
spokes

Answer:

26)A labor attaché of a foreign country, not being a diplomatic agent, can never be
immune from suit in the Philippines.

Answer:

ESSAY

27) At 5:00 o’clock in the afternoon on 28 August 2019, Uno, Oonu, Unoo went to
the house of Uhno to convince the latter to join them in going to the house of
Onu. Before they could reach the house of Onu, Oonu informed the group that
they need to meet Ouno and Ohnu to finalize the plan. Upon reaching the house
of Ouno and Ohnu, the group was asked to proceed to the lanai where they all
discussed the killing of Onu. Ouno and Ohnu provided the group with unlicensed
firearms and money to implement the plan. At 10:30 o’clock in the evening on the
same day, Uno, Oonu, Unoo and Uhno, proceeded to the house of Onu and fired
 at the latter’s bedroom. After learning that Onu was not in the bedroom, they
boarded their van and left. On their way back to the house of Ouno and Ohnu at
around 10:35 o’clock in the evening, they saw the SUV driven by Onu.
Immediately upon seeing the same, they fired shots on the driver side of the
SUV. Unknown to them, the SUV is bulletproof. Onu survived the ambush
incident. Subsequently, Onu sought the legal advice of Atty. Hoe Nu. The latter
immediately prepared a complaint for 2 counts of frustrated murder against Uno,
Oonu, Unoo, Uhno, Ouno and Ohnu.

(a) If you were the judge, rule on the liability of the accused. (5%)

(b) Assume that the SUV was not bulletproof and Onu was hit on head and chest
areas but managed to drive in the nearest area where only a single house was
found. While in said place, and out of desperation, he rammed the gate of the
house and hit the Tibetan Mastiff owned by the resident. Upon learning about the
destruction of the gate and the death of the beloved pet worth US$7,000.00, the
resident filed a complaint against Onu for malicious mischief and violation of R.A.
8485, otherwise known as the “Animal Welfare Act of 1988”. If you were the
prosecutor, would you recommend the filing of cases in court against Onu? Why
or why not? (5%)

28)Naruto and Sasuke are archenemies, but they share the same love for singing.
Fate would have them together one day when they find themselves onboard a
cruise ship where there is a karaoke bar. One night, while both are inside the
said bar, the song My Way plays which happens to be their common favorite.
Running like ninjas, they dash to the microphone but Sasuke beats Naruto who
gets infuriated. Naruto then draws his kunai knife and attempts to stab Sasuke
with it. Fearing for his life, Sasuke runs and jumps into the water. Sasuke does
not resurface and despite extensive rescue efforts, Sasuke is not found. The
authorities presume Sasuke is now dead. Thus, they file a case of homicide
against Naruto. Is Naruto criminally liable? (10%)

Answer:

29)Dante is a taxi driver. While driving on EDSA, his taxi was cut-off by a Corvette.
Incensed at being cut-off, he chased the car and at a traffic stop, Dante alighted
from his vehicle and kicked the passenger side door. Cedric, the driver of the
Corvette, feeling threatened, got his airsoft rifle from the backseat and pointed it
at Dante. Nonong, witnessed the altercation and alighted from his vehicle with his
licensed firearm. He shouted at Dante and Cedric to break it up. Having heard
 Nonong, and scared off by Cedric’s rifle, which he thought was real, Dante had
started to return to his vehicle. Cedric, was however emboldened and, knowing
that getting hit by an airsoft gun is not fatal, was about to shoot Dante inorder to
teach him a lesson. However, Nonong, seeing the same, fired at Cedric and hit
him on his chest, killing him instantly. Nonong is now charged with homicide for
Cedric’s death. Is he criminally liable? Decide with reasons. (10%)

Answer:

30)Three (3) persons, who are friends of A, suddenly appeared and ganged up on B
when B was having an altercation with A. The three (3) persons threw stones at
B hitting the latter on the forehead, face, and neck, respectively. A delivered a
fistic blow on the face of B. B fell down and the four (4) fled away. B crawled and
managed to go home. He was hospitalized for a little more than thirty (30) days
and did not die. If you were the prosecutor, what crime would you file against A
and his three (3) friends? (10%)

Answer:

31)Patrick, Justin, and Ezekiel accosted Maron, the pilot of an airplane. They
compelled the latter to change destination. However, authorities were alerted
before the same could be accomplished. The prosecution charged them with
attempted hijacking under Republic Act No. 6235. Is the prosecution correct?
(5%)

Answer:

32)Dido, Dick, Dowi, and Ritch were recently laid off for no reason from their jobs as
drivers and household help of Sunny. Furious, they all hatched a plan to rob the
house of Sunny as retaliation. Their plan was Ritchey will be the lookout outside
the house, Dowi will rob the first floor, while Dido and Dick will loot the 2nd floor.
During their heist, Dick saw Peps, the barely legal daughter of their employer
hiding in the closet. He then tied the hands of Peps, tore down her clothes, and
raped her. During the said act, Dowi checked on Dick and asked if he will take
long with Peps as they are about to leave. Dick answered “Wait lang pare, mga
15 siguro, matagal na akong gigil dito kay Peps eh!” Unbeknownst to them, a call
for help was already made 30 minutes ago by Peps during her hiding. All of them
were arrested and charged with the crime of robbery with rape
 1. Is the charge correct?

2. What is/are the liabilities of Dido, Dick, Dowi, and Ritch? Explain. (10 points)

33)Harry wanted to get back at Steve for a prank the latter had played on him. In
order to do this, Harry laced Steve’s coffee with ground peanuts he believed to
be infected with salmonella bacteria so that Steve would suffer from diarrhea.
Unknown to Harry, the peanuts he used were not actually infected with
salmonella bacteria. However, also unknown to Harry, Steve is severely allergic
to peanuts. Immediately upon drinking his coffee, Steve’s allergy developed, and
he was unable to breathe. Before any medical treatment could be administered,
Steve had suffocated to death. Can Harry be held liable for Steve’s death? Why
or why not? Explain fully. (10%)