ASSESSMENT LAW

BOOK 1
1. Under Article 3 of the revised penal code. felony
is an act or omission which is punishable by law. The
question is “An act or omission of the offender is not
malicious. nor intentional. It is merely the incident,
or another's act performed without malice.”

A.Intentional Felony
B.Culpable Felony
C.Accidental Felony
D.Incidental Felony
1. Under Article 3 of the revised penal code. felony
is an act or omission which is punishable by law. The
question is “An act or omission of the offender is not
malicious. nor intentional. It is merely the incident,
or another's act performed without malice.”

A.Intentional Felony
B.Culpable Felony
C.Accidental Felony
D.Incidental Felony
2. Which of these is NOT a requisite of “avoidance
of greater evil or injury"?

A. That the injury feared be greater than the injury done to avoid
it.

B. That the means used to avoid the injury is lawful.

C. That the evil sought to be avoided actually exists.

D. That there be no practical or less harmful means of preventing

it
2. Which of these is NOT a requisite of “avoidance
of greater evil or injury"?

A. That the injury feared be greater than the injury done to avoid
it.

B. That the means used to avoid the injury is lawful.

C. That the evil sought to be avoided actually exists.

D. That there be no practical or less harmful means of preventing

it
3. Which is NOT a common requisite in justifying
SeIf-defense. defense of a relative and defense of a
stranger?

A. None of these.
B. unlawful aggression.
C. reasonable necessity of the means employed to
prevent or repel it.
D. The person defending be not induced by revenge,
resentment, or other evil motive.
3. Which is NOT a common requisite in justifying
SeIf-defense. defense of a relative and defense of a
stranger?

A. None of these.
B. unlawful aggression.
C. reasonable necessity of the means employed to
prevent or repel it.
D. The person defending be not induced by revenge,
resentment, or other evil motive.
4. What is the deliberate planning of an act before
execution?

A. Treachery
B. Cruelty
C. Ignominy
D. Evident Premeditation
4. What is the deliberate planning of an act before
execution?

A. Treachery
B. Cruelty
C. Ignominy
D. Evident Premeditation
5. Persons who are criminally liable. when having
knowledge of the commission of a crime without having
principally participated therein. take part subsequent to the
commission of the crime. either in profiting, earnings,
received, take delivery of, be given and/or obtained by the
effects of the crime or concealing or destroying the body
of the crime?

A. Witnesses
B. Principals
C. Accessories
D. accomplices
5. Persons who are criminally liable. when having
knowledge of the commission of a crime without having
principally participated therein. take part subsequent to the
commission of the crime. either in profiting, earnings,
received, take delivery of, be given and/or obtained by the
effects of the crime or concealing or destroying the body
of the crime?

A. Witnesses
B. Principals
C. Accessories
D. accomplices
5. Persons who are criminally liable. when having
knowledge of the commission of a crime without having
principally participated therein. take part subsequent to the
commission of the crime. either in profiting, earnings,
received, take delivery of, be given and/or obtained by the
effects of the crime or concealing or destroying the body
of the crime?

A. Witnesses
B. Principals
C. Accessories
D. accomplices
6. A truck loaded with stolen boxes of rifles was on
the way out of the check point in South harbor
surrounded by a tall fence when a security guard
discovered the boxes on the truck. What crime was
committed?

A. attempted felony
B. consummated felony
C. frustrated felony
D. none of these
6. A truck loaded with stolen boxes of rifles was on
the way out of the check point in South harbor
surrounded by a tall fence when a security guard
discovered the boxes on the truck. What crime was
committed?

A. attempted felony
B. consummated felony
C. frustrated felony
D. none of these
7.What are those circumstances which are either aggr
avating or mitigating according to the nature and
effects of the crime and other conditions attending its
commission?

A. Justifying
B. Mitigating
C. Aggravating
D. Alternative
7.What are those circumstances which are either aggr
avating or mitigating according to the nature and
effects of the crime and other conditions attending its
commission?

A. Justifying
B. Mitigating
C. Aggravating
D. Alternative
8. Which of the following is an exempting circumstance?

A.An act done under the impulse of an uncontrollable fear of an equal

or greater injury
B. An act done in obedience to an order by a superior for some lawful
purpose.
C. Having acted upon an Impulse so powerful as to have naturally
produced passion and obfuscation
D. An act done in fulfillment of a duty or in the lawful exercise of a
right or office
8. Which of the following is an exempting circumstance?

A.An act done under the impulse of an uncontrollable fear of an equal

or greater injury
B. An act done in obedience to an order by a superior for some lawful
purpose.
C. Having acted upon an Impulse so powerful as to have naturally
produced passion and obfuscation
D. An act done in fulfillment of a duty or in the lawful exercise of a
right or office
8. Which of the following is an exempting circumstance?

A.An act done under the impulse of an uncontrollable fear of an equal

or greater injury
B. An act done in obedience to an order by a superior for some lawful
purpose.
C. Having acted upon an Impulse so powerful as to have naturally
produced passion and obfuscation
D. An act done in fulfillment of a duty or in the lawful exercise of a
right or office
9. Which characteristic of criminal law is described by the following
statement:
Criminal laws are undertaken to punish crimes committed in Philippine
territory?

A. Prospective.
C. Territorial
B. General
D.Preferentia
9. Which characteristic of criminal law is described by the following
statement:
Criminal laws are undertaken to punish crimes committed in Philippine
territory?

A. Prospective.
C. Territorial
B. General
D.Preferentia
10. What will be the effect on the criminal liability of the accused that
was sanewhen he committed the crime, but becomes insane at the time
of trial?

A. He is exempt from criminal liability under par.1 of Art. 12 of the

RPC

B. He is still criminally liable but his trial will be suspended until his
mental capacity will be restored to afford a fair trial

C. His criminal liability will be extinguished

D. None of these
10. What will be the effect on the criminal liability of the accused that
was sanewhen he committed the crime, but becomes insane at the time
of trial?

A. He is exempt from criminal liability under par.1 of Art. 12 of the

RPC

B. He is still criminally liable but his trial will be suspended until his
mental capacity will be restored to afford a fair trial

C. His criminal liability will be extinguished

D. None of these
11. What is the effect of the death of the offended
party in a criminal action for libel?

A. No effect at all.
B. The criminal liability is partially extinguished.
C. The criminal liability is extinguished.
D. The criminal liability is not extinguished.
11. What is the effect of the death of the offended
party in a criminal action for libel?

A. No effect at all.
B. The criminal liability is partially extinguished.
C. The criminal liability is extinguished.
D. The criminal liability is not extinguished.
12. Who is exempt in all cases? from criminal
liability?
A. person under nine years of age
B. An imbecile
C. An insane
D. Recidivist
12. Who is exempt in all cases? from criminal
liability?
A. person under nine years of age
B. An imbecile
C. An insane
D. Recidivist
13. Reclusion Perpetua is a penalty prescribed under the RPC while life
imprisonment is a penalty under special laws, Reclusion Perpetua has
accessories penalties life imprisonment has no accessory penalties; In Reclusion
Perpetua, the accused is entitled to parole atter serving 30 years imprisonment.
Life imprisonment has no fixed duration. This statement is:

A. Absolutely false, it should be the other way around

B. True, as they are correctly distinguished
C. Partially true
D. Partially false
13. Reclusion Perpetua is a penalty prescribed under the RPC while life
imprisonment is a penalty under special laws, Reclusion Perpetua has
accessories penalties life imprisonment has no accessory penalties; In Reclusion
Perpetua, the accused is entitled to parole atter serving 30 years imprisonment.
Life imprisonment has no fixed duration. This statement is:

A. Absolutely false, it should be the other way around

B. True, as they are correctly distinguished
C. Partially true
D. Partially false
14. Having sexual intercourse with a woman who is already dead but
the offender thought that she was alive. Rape cannot be committed against dead
Woman. Rape is now a crime against persons under RA 8353. It is no longer a
crime against chastity that it used to be under Art. 335 of the Revised Penal Code

A. Hence, the law should be repealed

B. Hence, rape is an impossible crime for women
C. Hence, there is now an impossible crime of rape
D. Hence, rape is not applicable to a dead person
14. Having sexual intercourse with a woman who is already dead but
the offender thought that she was alive. Rape cannot be committed against dead
Woman. Rape is now a crime against persons under RA 8353. It is no longer a
crime against chastity that it used to be under Art. 335 of the Revised Penal Code

A. Hence, the law should be repealed

B. Hence, rape is an impossible crime for women
C. Hence, there is now an impossible crime of rape
D. Hence, rape is not applicable to a dead person
15. Treachery is present in crimes against. persons only. Its essence is that the
victim has no opportunity to defend or retaliate from the attack made by the
offender. Thus, the accused had sexual intercourse with the victim who was
sleeping and therefore had no chance to defend herself, is there treachery?

A. Yes, there is treachery because rape is now a crime against person

and no longer crime against chastity.
B. Yes, because the victim was a woman.
C. No, because deep sleep is not a defense
D. No, because in treachery the victim must be fully awake
15. Treachery is present in crimes against. persons only. Its essence is that the
victim has no opportunity to defend or retaliate from the attack made by the
offender. Thus, the accused had sexual intercourse with the victim who was
sleeping and therefore had no chance to defend herself, is there treachery?

A. Yes, there is treachery because rape is now a crime against person

and no longer crime against chastity.
B. Yes, because the victim was a woman.
C. No, because deep sleep is not a defense
D. No, because in treachery the victim must be fully awake
16. Refers to that cause which is natural, is a continuous sequence,
unbroken by any efficient superseding ground, produces the injury and
without which result would not have occurred

A. proximate cause
C. overt acts
B. intervening cause
D. active force
16. Refers to that cause which is natural, is a continuous sequence,
unbroken by any efficient superseding ground, produces the injury and
without which result would not have occurred

A. proximate cause
C. overt acts
B. intervening cause
D. active force
17. It is the portion of he acts constituting the felony, starting from the
point where the offender begins the commission of the crime to the
point where he has control over his acts.

A. objective phase
C. grave felonies
B. subjective phase
D. all of the above
17. It is the portion of he acts constituting the felony, starting from the
point where the offender begins the commission of the crime to the
point where he has control over his acts.

A. objective phase
C. grave felonies
B. subjective phase
D. all of the above
18. Generally there are punishable only when they have been
consummated, with the exemption of those crimes committed against
persons or property.

A. light felonies
B. grave felonies
C. less grave felonies
D. all of the above
18. Generally there are punishable only when they have been
consummated, with the exemption of those crimes committed against
persons or property.

A. light felonies
B. grave felonies
C. less grave felonies
D. all of the above
19. Generally they are punishable only when they have been
consummated, with the exemption of those crimes committed against
persons or property.

A. Justifying
B. Aggravating
C. exempting
D. Alternative
19. Generally they are punishable only when they have been
consummated, with the exemption of those crimes committed against
persons or property.

A. Justifying
B. Aggravating
C. exempting
D. Alternative
20. A inflicted slight physical injuries to B without intention to inflict
other injuries , B then attacked A is an example of:

A. Self-defense
B. Retaliation
C. Intervening cause
D. Proximate cause
20. A inflicted slight physical injuries to B without intention to inflict
other injuries , B then attacked A is an example of:

A. Self-defense
B. Retaliation
C. Intervening cause
D. Proximate cause
21. The basis of this circumstance affecting liability is the complete
absence of freedom of action, intelligence, intent or negligence on the
part of the accused

A. Justifying
B. Aggravating
B. Exempting
D. Alternative
21. The basis of this circumstance affecting liability is the complete
absence of freedom of action, intelligence, intent or negligence on the
part of the accused

A. Justifying
B. Aggravating
B. Exempting
D. Alternative
22. Under our laws, what is the age of full responsibility?

A. 9 years and below of infancy

B. Between 9 and 15 years
C. 18 to 70 years of age (adolescence to maturity)
D. Over 9 under 15 acting with discernment, 15 or over but not less
than 18, over 70 years of age.
22. Under our laws, what is the age of full responsibility?

A. 9 years and below of infancy

B. Between 9 and 15 years
C. 18 to 70 years of age (adolescence to maturity)
D. Over 9 under 15 acting with discernment, 15 or over but not less
than 18, over 70 years of age.