MIDTERM EXAMINATION

CRIMINAL LAW 2

CHOOSE THE BEST ANSWER (2 POINTS EACH) Answer in 60 minutes only

1. This theory considers man as a social being, his acts are attributable not just to his will, but by a strange
and morbid which constraints him or which compels him to do wrong in spite of or contrary to his volition.
The purpose of imposing penalty is reformation.

a) Positivist Theory
b) Mixed Theory
c) Classical Theory
d) Theory of presumption of morality

2. The fundamental principle in applying and in interpreting criminal laws is to resolve all doubts in favor of
the accused. It is also in consonance with the Rule on Lenity

a) In Dubio Pro Reo Principle

b) Principle of Equipoise
c) Impossible crime
d) Principle of Double Jeopardy

3. An American citizen was charged for illegal possession of firearms. His argument is that he is an American
citizen and he has the right to keep, possess and bear firearms without the need of securing a government
license. Is he correct?

a) Yes, because the Philippines has treaty exempting Americans from application of our criminal laws
b) Yes, because he is a foreigner
c) No, because he needs to present a document to prove his claim
d) No, because even if he is American located in our country, he is still subject to our penal laws

4. M/V Princess of Pacific, a Panamanian ship owned by Lucio Sy, a rich Filipino businessman while sailing in
the Pacific Ocean, Mateo Muragcilli stabbed Gerald Jellason, a Singaporean seaman. When he is charged
with homicide in the RTC Cebu City he filed a motion to quash on the ground of lack of jurisdiction. Can he
be convicted of the crime?

a) Yes, because our criminal laws are binding upon all Filipinos wherever they are
b) No, Philippine court has no jurisdiction because the ship is Panamanian registered even if the ship is
owned by a Filipino
c) No, because the crime was committed outside the country
d) Yes, because the ship is owned by a Filipino

5. The mayor of San Juan, Siquijor told the chief of police that there is a prisoner who has escaped. A
notorious killer. They went to the house of the escapee. They saw a person who is sleeping with the back
facing the police. They shot at him. It turned out that it was another person. He was charged with murder.
The police argued mistake of fact. Would it prosper?

a) Yes, because the police did an act which would have been lawful had it been true that the person sleeping
was the notorious killer
b) No, because the police failed to double check the person sleeping, hence, there was negligence
c) No, because there was no warrant of arrest
d) Yes, because there is presumption of regularity in the performance of a duty

6. In 1986, Mr. Elisio Labata has been documented to possess a cache of high powered firearms. In 2009, a
law was passed requiring that all persons who want to possess firearms has to secure a license. Mr. Labata
applied for a license to all his firearms. He was arrested for illegal possession for firearms. Which of the
following statement applies to Mr. Labata?

a) He cannot be prosecuted because acts or omission will only be subject to penal law if they are committed
after the penal law had already taken effect.
b) He can be prosecuted because his firearms are unlicensed and it is MALA PROHIBITA
c) He cannot be prosecuted because he applied already for a license and it is his right to be issued one.
d) He can be prosecuted as ignorance of the law excuses no one

7. Juan wanted to shoot Pedro but missed and instead hit a bystander Teban. This circumstances is a case of
____________.

a) Praeter intentionem
b) Aberratio Ictus
c) Error in personae
d) Mistake of fact

8. Juan wanted to kill Pedro. Thus, during the night, he waited for the Pedro in an alley where the latter
normally passes by. Under cover of darkness, he saw someone coming and immediately attacked and
stabbed that person several times. It turns out that it was Teban and not Pedro. This circumstances is a
case of ________________.

a) Praeter intentionem
b) Aberratio Ictus
c) Error in personae
d) Mistake of fact

9. When all the elements necessary for its execution is present, the crime is ____________.

a) Attempted
b) Frustrated
c) Consummated
d) None of the above
10. Juan wanted to kill Pedro. When he saw Pedro, he shoots him but the gun jammed. Pedro was able to ran
to safety unharmed. The crime is on what stage?

a) Attempted
b) Frustrated
c) Consummated
d) No crime yet

11. Juan wanted to kill Pedro. Upon seeing Pedro, he immediately pulled out his gun and shot Pedro several
times inflicting mortal wounds. Thinking that Pedro was already dead, he hurriedly left. Meanwhile, Pedro
was rushed to the hospital and upon timely medical intervention, survived. What stages of the crime is it?

a) Attempted
b) Frustrated
c) Consummated
d) No crime

12. It is a situation where the criminal plan or design exists in the mind of the law enforcer and the person
under this instance is acting only as a mere instrument or tool of the law enforcer in the performance of his
duties. The accused here is acting without criminal intent because without such, he would not have done
the criminal act.

a) Instigation
b) Entrapment
c) Buy-bust operation
d) Planting of evidence

13. In this situation, a criminal design is already in the mind of the person. It did not emanate from the mind of
the law enforcer. It involves only ways and means which are laid down or resorted to facilitate the
apprehension of the culprit.

a) Instigation
b) Entrapment
c) Buy-bust operation
d) Surveillance operation

14. Charlie hated his classmate, Brad, because the latter was assiduously courting Lily, Charlie’s girlfriend.
Charlie went to a veterinarian and asked for some poison on the pretext that it would be used to kill a very
sick, old dog. Actually, Charlie intended to use the poison on Brad. The veterinarian mistakenly gave
Charlie a glutathione powder which, when mixed with Brad’s food, did not kill Brad. Did Charlie commit any
crime?

a) No, because Brad did not die

b) No, because the act of Charlie did not result to any crime
c) Yes, because he intended to commit a crime only that he used an ineffectual means
d) Yes, it is an attempted murder through poisoning

15. Andrew A., after singing “Sana Ngayong Pasko” inside a jeepney while asking for alms, demanded the
belongings of the passengers and pointed a toy gun to them. One of the passengers, Ai Ai Malas-Malas,
jumped off from the jeepney out of fear and hit her head on the road which caused her death. Is Andrew A
liable for her death?

a) No, because Andrew A had no intention to kill any person as evidenced by a toy gun
b) No, because there was no cause and effect relation
c) Yes, because the death is direct, natural, and logical consequence of the act of Andrew
d) Yes, because he had intention to kill a victim who would refuse to give his or her belonging

16. Jake Citrus boxed Billy Vhong and he fell down near the horse. the horse jumped and landed on Billy Vhong
that broke his left leg bone. Is Jake Cyrus liable for serious physical injury?

a) Yes, because he would not have fell down if it were not because of the act of Jake
b) No, because there was no cause and effect relation due to another active force
c) No, because there was no intention of the accused to commit serious physical injury
d) Yes, because of the concept of praeter intentionem

17. Philing Gua Po wanted to kill Pachoy Choy. When he saw Pachoy eating in a carenderia, he fired at him but
because he is not so good in marksmanship, he did not hit Pachoy but hit Matt Tinik who was sitting behind
Pachoy. Is Philing Gua Po liable?

A. No, because it was intended only for Pachoy and Matt is only a collateral victim
B. Yes, because felony has been intended although the wrongful act done be different from which he
intended
C. Yes, because he was careless
D. No, because it was a mere accident

18. When was the Revised Penal Code approved?

a) December 18, 1930

b) January 1, 1932
c) January 11, 1932
d) December 8, 1930

19. The death of the accused extinguishes his criminal liability but civil liability is not extinguished.

a) when the death of the accused occurred before conviction

b) when the death of the accused occurred after conviction and after he has perfected his appeal from
conviction
c) when the death of the accused occurred during the pendency of his appeal
d) when the death of the accused occurred after final judgment
20. While undergoing trial for the offense of rape, Zian Lalim Lumacad was previously convicted by final
judgment of the crime of theft. Is Zian a recidivist?

a) Zian is not a recidivist because the offense for which he was being tried sentence is higher than the
offense he was previously convicted of
b) B is not a recidivist because the second offense was still being tried, and that he has not yet been
convicted
c) Zian is not a recidivist because the felonies involved do not fall under the same title of the Revised Penal
Code
d) Zian is a recidivist because the felonies involved fall under the same title of the Revised Penal Code

21. What is the minimum age of criminal responsibility?

a) fifteen (15) years old or under

b) nine (9) years old or under
c) above nine (9) years old and under fifteen (15) who acted with discernment
d) above fifteen (15) years old and under eighteen (18) who acted with discernment

22. These are accompanying condition of an event or fact during the commission of the crime which, if
present, do not absolve the offender from criminal liability but the court will take it into consideration to
lessen or reduce the penalty.

a) Justifying Circumstance
b) Exempting Circumstance
c) Mitigating Circumstance
d) Aggravating Circumstance
e) Absolutory cause

23. When the offender commits any of the crimes against persons, employing means, methods, or forms in the
execution thereof which tend directly and specially to insure its execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the offended party
might make is an aggravating circumstance of ___________________.

a) Evident premeditation
b) Abuse of superior strength
c) Treachery
d) Crime committed during nighttime
e) Crime committed with the aid of armed men

24. It is a type of criminal habitualism where the offender be previously punished, that is, he has served
sentence, for an offense in which the law attaches, or provides for an equal or greater penalty than that
attached by law to the second offense, or for two or more offenses, in which the law attaches a lighter
penalty.

a) Recidivism
b) Quasi-recidivism
c) Reiteracion
d) Habitual delinquency

25. In 1986, Juan was convicted with a crime of robbery. He escaped in 1989, committed rape, and rearrested
and convicted with the said crime in 1990. In 1992, while in prison, he was charged and convicted with
theft for stealing while in prison. In 1995, to escape from, he connived with Pedro to falsify an order of his
release and was charged for falsification. In 1996, Juan was convicted with falsification. Juan is a
____________.

a) Recidivist
b) Quasi-recidivist
c) Reiteracion
d) Habitual delinquent

26. Juan killed Pedro. After killing, he beheaded Pedro and put his body in a sack while the head is outside and
on top a cross. What kind of aggravating circumstance committed?

a) Treachery
b) Cruelty
c) Evident Premeditation
d) Ignominy

27. Samuel rape Pamela. While doing the dastard act, he tied Pamela to a bed and burnt her face with a
lighted cigarette while raping her laughing all the way. What kind of aggravating circumstance it is?

a) Treachery
b) Cruelty
c) Evident Premeditation
d) Ignominy

28. Mario, who bore a grudge against his ex-girlfriend, Eda, paid Juan, Pedro, and Jose to rape Eda. It was
proven during trial that Juan was the one who engaged in the sexual intercourse with Eda while Pedro held
the hands of Eda and Jose the legs. What is the liability of Juan?

a) Principal by direct participation

b) Principal by indispensable cooperation
c) Principal by inducement
d) Accomplice

29. Still at the same problem above, what is the liability of Pedro and Jose?

a) Principal by direct participation

b) Principal by indispensable cooperation
c) Principal by inducement
d) Accessory
30. What is the liability of Mario?

a) Principal by direct participation

b) Principal by indispensable cooperation
c) Principal by inducement
d) Accomplice

31. X and Y plan to rob a bank. Thus, they flag down a taxi driven by Z. While on their way to the bank, X and
Y told Z of their plan and ask him if he can wait for them and be their get away vehicle with a promise that
he will be given equal share of the loot. Z is an ______________?

a) Principal by indispensable cooperation

b) Principal by direct participation
c) Accessory
d) Accomplice

32. X killed Y. He called Z, his best friend, and informed him of what happened and ask what to do. Z went to
the place of incident and buried Y in order to conceal the body so the authorities would not be able to
discover the crime. Which of the following applies to Z?

a) Principal by indispensable cooperation

b) Principal by direct participation
c) Accessory
d) Accomplice

33. What is the duration of the penalty of prision mayor?

a) 6 years and one day to twelve years

b) 6 months to 1 year
c) 12 years and one day to 20 years
d) One month and one day to 6 months

34. When an accused invokes this circumstance, he in effect admits the commission of a crime but tries to
avoid the liability thereof, such as in the case of a self defense.

a) Justifying Circumstance
b) Exempting Circumstance
c) Mitigating Circumstance
d) Aggravating Circumstance
e) Absolutory cause

35. It is a breach of allegiance to a government by taking arms against the government and committed by a
person who swears allegiance to it?

a) Coup d etat
b) Rebellion
c) Treason
d) Sedition

36. What is the treatment of common crimes committed in furtherance of the crime of rebellion?

a) They are separate crimes

b) They will be complexed with the crime of rebellion
c) They will be absorbed in the crime of rebellion
d) They will be compounded with the crime of rebellion

37. It is the offense of gathering, transmitting, or losing information respecting the national defense with
intent, or there is reason to believe that information is to be used to the injury of the Republic of the
Philippines or the advantage of any foreign nation

a) Espionage
b) Rebellion
c) Coup d etat
d) Treason

38. They are communications by means of letters or they may refer to the letters which pass between those
who have friendly or business relations

a) Treaty
b) International Comity
c) Agreement
d) Correspondence

39. It means any water on the sea coast which are without the boundaries of the low water mark although
such water may be in the jurisdictional limits of a foreign government, parts of the sea that are not
included in the exclusive zone, in the territorial seas, or in the internal waters of the state, or in the
archipelagic water of an archipelagic state.

a) Inner waters
b) Philippine seas
c) High seas
d) Archipelagic water

40. Which of the following is not a crime against the fundamental laws of the state?

a) Searching domicile without witnesses

b) Illegal associations
c) Prohibition, interruption, and dissolution of peaceful meetings
 d) Interruption of religious worships

41. What is the crime committed by any person who, without reasonable ground, arrests or detains another for
the purpose of delivering him to proper authorities?

a) Unlawful arrest
b) Illegal detention
c) Arbitrary detention
d) Grave coercion

42. Can sedition be committed by one person?

a) Yes, as long as the person is taking arms against the government

b) No, there should be at least four persons
c) Maybe
d) No, because there should be more than 5 persons

43. The pirates stabbed a member of the crew while sleeping, and several victims who resisted were killed in
the course of piracy, the act constitutes as:

a) Piracy in general
b) Mutiny
c) Qualified piracy
d) P.D. 532

44. The Abu Arayat rebel group, led by Ka Micharitz Sayuff, declared war against the government to take
control of the Philippines. There was actual assembly of men. If they were arrested, what crime did they
commit, if any?

a) Treason
b) Rebellion
c) Sedition
d) Coup d etat

45. PO3 Bagsik entered the dwelling of Totoy against the latter’s will on suspicion that Bitoy keep unlicensed
firearms in his home. What was the crime committed by PO3 Bagsik?

a) Trespass to Dwelling
b) Violation of Domicile
c) Usurpation Of Authority
d) Forcible Trespassing

46. Prof. Jose gave a failing grade to one of his students, Lito. When the two met the following day, Lito
slapped Prof. Jose on the face. What was crime committed by Lito?

a) Trespass to Dwelling
b) Violation of Domicile
c) Usurpation Of Authority
d) Forcible Trespassing

47. A medley of discordant voices, a mock serenade of discordant noises designed to annoy and insult?

a) Tumultuous
b) Charivari
c) Sedition
d) Scandal

48. The unauthorized act of a public officer who compels another person to change his residence?

a) Violation of domicile
b) Arbitrary detention
c) Expulsion
d) Direct assault

49. Jacob, a private person, deprives the liberty of Rica Mae without legal grounds. What crime did he commit?

a) Illegal detention
b) Arbitrary detention
c) Forcible abduction
d) Forcible detention

50. During the opening of Canoan festival last night, Patrolman Wilboy was standing near the stage when a
drunk barangay tanod hit him with a microphone stand on this head, causing the police to bleed a lot.
Patrolman Wilboy’s girlfriend Janica saw the incident and came to rescue her boyfriend. The barangay
tanod also slapped and punched Janica. What crime has been committed by the barangay tanod for
injuring Janica?

a) Direct assault
b) Indirect assault
c) Physical Injury
d) Disobedience