QA Criminal Law Flashcards
(243 cards)
1
Q
A theory in Criminal Law which says that man is occasionally subdued by strange social phenomenon that compels him to do wrong.
A
Positivist theory
2
Q
Who is exempt from the application of penal law in the Philippine territory?
A
Consul
3
Q
When the subsidiary penalty imposed is only fine, the subsidiary imprisonment shall not exceed:
A
6 months
4
Q
It is not an accessory penalty and is not deemed imposed unless expressly provided for in the sentence of conviction.
A
Subsidiary imprisonment
5
Q
A induced X to kill Y. X killed Y by means of treachery. Should treachery be appreciated also against A, the principal by inducement?
A
Yes, if he has knowledge that X killed Y by means of treachery.
6
Q
Habitual delinquency is limited only to the following six felonies:
A
Falsification, Robbery, Estafa, Theft, Serious Physical Injuries, Less Serious Physical Injuries.
7
Q
An aggravating circumstance which is not considered in the imposition of penalty.
A
- Aggravating circumstance which constitute the crime itself.
- Aggravating circumstance which accompanies the commission of the crime.
- Aggravating circumstance inherent in the commission of the crime.
8
Q
The penalty one degree lower from Reclusion Temporal maximum to Death is:
A
Prision Mayor maximum to Reclusion Temporal in its minimum and medium periods.
9
Q
The crime of Libel prescribes in:
A
1 year
10
Q
It consists in the suspension of the sentence of a convict after serving the maximum of the sentence imposed.
A
Parole
11
Q
A disposition under which an accused after conviction is released subject to the conditions imposed by the court.
A
Probation
12
Q
If the offender is sentenced to a term of imprisonment of more than one year, the period of probation shall not exceed:
A
6 years
13
Q
X was sentenced to suffer imprisonment of 4 years, 2 months and one day as minimum to 6 years and to pay the offered party P5, 000.00. X applies for probation which was granted by the court. Is he exempted to pay the amount mentioned?
A
X shall still pay the P5,000.00 because Probation affects only the criminal aspect of the case.
14
Q
According to the order of severity, the penalty next lower in degree from Arresto Mayor.
A
Arresto Menor.
15
Q
The three-fold rule applies only if a convict were to suffer at least:
- Retribution or expiation
- Correction or reformation
- Social defense
A
4 penalties
16
Q
Destierro consists of banishment of the convict to a distance of:
A
Not less than 25 kilometers but not more than 250 kilometers radius
17
Q
A, B, C, and D, all armed with M-16 rifles, went to the house of the intended victim, X. All four wanted to kill X who they believed was inside her house. All four riddled the house of X with armalite bullets. It so happened that X did not go home that night. A, B, C, and D committed:
A
Malicious Mischief because the house was destroyed due to the felonious act of the four.
18
Q
If an act needs to be repressed but is not covered by the law, it is the duty of the court to:
A
Render the proper decision and shall report to the Chief Executive through the Department of Justice that said act should be made the subject of penal legislation.
19
Q
A attacked B with a knife. B ran away and jumped into the river to avoid A. B drowned and died.
A
A is liable for the death of B because the proximate cause of the latter’s death was his chasing him with a knife.
20
Q
A, a student, boxed B, his teacher.
A
The act brings about variant crimes so there is a need to know the motive of the attack to know what crime is committed by A
21
Q
It is the law which provides that members of the official household or retinue of a foreign ambassador to the Philippines enjoy the diplomatic immunity of the foreign ambassador if their names are submitted to the Department of Foreign Affairs and provided further that the country of the foreign ambassador provides reciprocal immunity to the members of the official household or retinue of the Philippine Ambassador.
A
RA 75
22
Q
X killed Y by stabbing him from behind. X called for Z, his brother in law, and told the latter that he killed Y. X asked Z to bury the cadaver of Y to prevent its discovery which Z did. Z is?
A
Z is an accessory but is exempt from liability
23
Q
X burned the clothing drenched in blood he found inside the trunk of the car of his employer because there were already many worms on the clothing and bad odor was already emitting therefrom. It turned out that the clothing belonged to a murder victim. X is not an accessory because:
A
He burned the clothing not to prevent the discovery of a crime,
24
Q
Kenzo is being courted by Renz. During her birthday, Renz gave Kenzo a gold bracelet as a gift. Kenzo did not know that Renz snatched it from Yari.
A
Kenzo is not an accessory because she had no knowledge in the commission of the crime.
25
Rapots stole the cell phone of Jarred. Rapots gave the cell phone to Tibor. Rapots told Tibor not to tell anybody that he is the source of the cell phone. Tibor agreed, and from then on kept, possessed, and used the cell phone.
Tibor is not an accessory because he is a principal in the crime of Fencing.
26
. He is not a co-conspirator but the moment he comes to know about the conspiracy, he concurs, conforms, and cooperates by previous or simultaneous acts. However, his act is not equal to or greater than the act committed by the perpetrator of the crime.
Accomplice
27
A slapped X. B saw the act committed by A. B stabbed and killed X.
A is liable as principal in the crime of Physical Injuries and B is liable as principal in the crime of Homicide
28
Justin and Rexor conspired to kill Warlito. Rexor was designated as the triggerman. Pursuant to the conspiracy, Rexor killed Emerito, not Warlito, because of mistaken identity.
Justin is not liable for the crime committed by Rexor because the killing of Emerito is not the crime conspired upon by them,
29
The legal duration of Prision Mayor is:
6 years and one day to 12 years
30
A judgment of conviction becomes final:
1. After the lapse of 15 days from the date of promulgation.
2. When the accused expressly waives in writing his right to appeal.
3. When the appeal already filed is withdrawn from the court.
31
If the offender did not voluntarily agree in writing to abide by the rules of discipline of the penal institution, he is entitled to a reduction of his preventive imprisonment equivalent to:
4/5 of the time during which he has undergone preventive imprisonment
32
X was charged with an offense. He was sentenced to suffer imprisonment of 6 years and one day, and to pay fine of P2,000.00. X was not able to pay the fine.
X should not suffer subsidiary imprisonment because the principal penalty imposed is higher than prision correctional
33
What is the penalty imposable for complex crimes?
The penalty for the most serious crime to be applied in the maximum period
34
Delito complejo means:
When an offense is committed as a necessary means to commit the other.
35
The penalty to be imposed upon an accomplice in a consummated crime.
The penalty next lower in degree than that prescribed by law for the consummated felony.
36
It is known as a group of two or more persons collaborating, confederating, or mutually aiding one another for purposes of gain in the commission of any crime.
Syndicate
37
In Habitual Delinquency, the offender shall be sentenced to the penalty provided by law for the last crime which he be found guilty and an additional penalty. However, the total of the two (2) penalties to be imposed upon the offender shall in no case exceed:
30 years
38
It takes place when a person at the time of his trial for an offense, shall have previously served a penalty to which the law attaches an equal or greater penalty.
Reiteracion
39
A and B forcibly dragged X from his house and killed him at a distance of 200 meters away from his house dwelling is:
Aggravating because the aggression started from the dwelling of X
40
Band consist of:
More than three (3) armed malefactors
41
Johannes raped Dionisia in front of her husband. The crime is attended by the aggravating circumstances of:
Ignominy
42
It is considered as an alternative circumstance.
Relationship, Intoxication and Degree of education
43
A and B conspired to beat C and inflict physical injuries upon the latter. In the course thereof, A and B attacked C. A inflicted physical injuries upon C while B inflicted a mortal wound upon C which caused C’s death. The death of C was not included in the conspiracy.
A and B are liable for death of the victim because it is the direct, natural, and logical consequence of the crime agreed to be committed
44
A and B are engaged in a ferocious fight. Both are armed with bolos and they were hacking each other. The father of A arrived and shouted to A “kill him my son!” Eventually, A killed B.
The father is not a principal by inducement because the son, A, already had a reason to kill B
45
Deborah has a bank deposit of P50,000.00. She was able to withdraw P150,000.00 because of the manipulation made by Jessie, the manager of the bank, who certified that Deborah has more than the amount to be withdrawn. Jessie is:
Liable as principal by indispensable cooperation
46
Robin and Cesar were fighting. Cesar fell on the ground and Robin went on top of him. Robin strangled Cesar. Thereupon, Rustom, the brother of Robin came and stabbed Cesar twice. When Robin saw what Rustom did, he continued to strangle Cesar. Cesar died because of the stab wounds inflicted by Rustom. What is the liability of Robin?
Robin is an accomplice because he concurred in the act of Rustom when he continued to strangle Cesar after Rustom stabbed him.
47
A fine is considered correctional penalty if it:
is not less than P200.00 but not more than P6,000.00
48
State the order of payment of the pecuniary liabilities of an offender.
Reparation of damage caused, indemnification for consequential damages, fine and costs
49
A with intent to kill, fired his gun at B. The bullet which hit B also hit C, D, E and F. B suffered slight physical injuries, C was seriously wounded but was operated on and was saved by the doctor. D suffered a serious wound but was also saved by timely medical intervention. F died. A committed:
Homicide with double Frustrated Homicide with Attempted Homicide
50
A was charged with Murder. During the hearing, A was able to prove voluntarily surrender, sufficient provocation, and passion or obfuscation. In case of conviction, the penalty imposable upon A is:
Reclusion Perpetua
51
The act of any person who with intent to gain for himself or for another, shall receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy or deal with any article, item, or object which he knows or should have known to have been derived from the proceeds of robbery or theft.
PD 1612
52
A and B challenged each other to a fight. In the course thereof, A killed B. A was chased by policemen. A went to C, his friend and confessed that he killed B. C gave B P10,000.00 which the latter used to elude the authorities.
C violated PD 1829
53
It grants oblivion to all effects of conviction and restores political rights.
Absolute pardon
54
When can the penalty of Destierro be imposed?
1. When death is caused under exceptional circumstances under Art. 247 of the Revised Penal Code.
2. As a penalty for the concubine in concubinage.
3. When after lowering the penalty by degrees, destierro is the proper penalty.
55
X was sentenced to suffer the following penalties: Arresto Menor, Destierro, Arresto Mayor, and Prision Correccional. X should serve them successively according to the order of severity which is:
Prision Correccional, Arresto Mayor, Arresto Menor, Destierro.
56
Why is the sentence in the Indeterminate Sentence Law called indeterminate?
Because it cannot be determined as to how long the convict will serve sentence because after served the minimum, he may be released on parole.
57
There are four mitigating circumstances and one aggravating circumstance. Under the rules on offsetting, there remain three mitigating circumstances. The judge therefore lowered the penalty by one degree and applied the penalty in the medium period. Is the judge correct?
No, because the penalty should not be lowered by one degree considering that there is an aggravating circumstance present.
58
Robbery in an uninhabited place is qualified when committed by:
a band and in an uninhabited place.
59
In the course of the robbery committed by A, B, and C, in the house of X, the robbers killed three occupants of the house with treachery.
A, B, and C committed Robbery with Homicide.
60
Arturo and Luisa are common law spouses. They have been cohabiting as husband and wife for the last 7 years. One day, Luisa stole the wallet of Arturo containing money.
Luisa committed theft but is exempt from criminal liability because the exemption includes common-law spouses.
61
Bribery is qualified if a public officer:
Refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and /or death.
62
While SPO1 Villanueva was cleaning his gun, he forgot to remove he bullet from its chamber. In the process, he squeezed the trigger and it fired hitting his wife who died. SPO1 Villanueva is liable for:
Reckless Imprudence resulting in Parricide.
63
Qualified theft is committed:
1. If the property stolen are coconuts taken from the premises of a plantation.
2. If fish be taken from a fishpond.
3. If the property taken is a mail matter.
64
In Estafa with abuse of confidence under Art. 315 of the Revised Penal Code:
Deceit is not an essential element
65
Carlos and Vangie are sweethearts. Carlos is 25 years old and Vangie is 16 years old. Carlos and Vangie have had several sexual intercourses. On June 16, 2011, when Vangie turned 17 years old, Carlos and Vangie eloped and Carlos took her with her consent to the Boracay resort. They had carnal relations while thereat. Carlos was charged with consented abduction. Carlos argued that he is not liable because previously, they had sexual relations with Vangie and therefore Vangie was no longer a virgin.
Carlos is liable because virginity is not to be understood in its material sense as to exclude the abduction of a woman of good reputation.
66
Johnny and Susan are husband and wife. They agreed to live separately because of irreconcilable differences. They signed an agreement stipulating that both shall be free to get any mate and live as husband and wife without interference from each other. Susan cohabited with Zandro.
Susan and Zandro are not liable because the written agreement of Johnny and Susan is an unbridled (unrestrained) license for the commission of adultery.
67
Jesus and Remedios are husband and wife. When Remedios was 7 months pregnant, Jesus died. Three months after Remedios delivered her child, she married Reynaldo, her first love. Remedios was charged with premature marriage because being a widow, she married within 301 days from the death of her husband.
Remedios is not liable because the period of 301 days is only for cases where the woman is not pregnant.
68
X, a police officer arrested Y for violation of RA 9165. For several times, he ignored a subpoena for him to appear in court and testify in a criminal case filed against Y.
X is liable for Refusal of assistance
69
Rosy is the household of Anthony. Rosy was scolded by Anthony for several times because she was not doing her laundry well. Rosy put poison in the food of the Labrador dog of Anthony. As a result, the dog died.
Rosy committed Special Malicious Mischief.
70
George took Daphne against her will for the purpose of marrying her. George is married but is separated in fact for 2 years.
George is liable for Forcible Abduction because there being an impediment (block the progress) to the marriage, his purpose can be considered as lewd.
71
Violation of Domicile can be committed by any public officer or employee who:
1. Shall enter any dwelling against the will of the owner thereof.
2. Shall search papers or other effects without previous consent of the owner.
72
Rodito is a tenant of a dwelling unit. He closed the door of his house and locked it with the use of a wire which he tied to a piece of nail on the doorcap. Zozimo, his neighbor, cut the wire with a wire cutter and entered the house of Rodito and took valuables from the house. Zozimo is liable for:
Theft because what was broken was not the door itself but merely an accessory of the door.
73
X, a provincial fiscal was travelling to a certain municipality to conduct a preliminary investigation. Along the way, Bartolo, who was then driving a truck refused to give way to the car of the fiscal and even zigzagged in front of the car to prevent it from overtaking his truck. The fiscal signaled the truck to stop which Bartolo did. X introduced himself as a fiscal. Bartolo drew his gun, cocked it, and pointed it to the fiscal.
Bartolo committed Direct Assault upon a person in authority because the performance of duty of the fiscal includes his traveling to the place of work.
74
Cattle Rustling means:
Taking away by any means, method or scheme, without the consent of the owner/raiser, of any large cattle whether or not for profit.
75
X held up a car with three passengers. At gunpoint, he took the expensive watches of the two passengers. The driver of the car tried to fight back so X killed him. He did not get any valuable item from the driver.
X committed Robbery with Homicide
76
X stole the savings passbook of Y. He withdrew P50,000.00 from the bank by counterfeiting the signature of Y. X committed:
Estafa thru Falsification
77
It is the duly recorded authorized movements and handling of seized drugs or laboratory equipments from the time of seizure / confiscation to receipt in forensic laboratory to safekeeping to presentation in court to destruction.
Chain of custody
78
The three-fold rule applies only if there are at least:
4 penalties
79
X mixed poison in the coffee of Y to kill him. Unknowingly, Y drank his coffee laced with poison. Nothing happened to Y as the poison had no effect at all. X committed:
Impossible Crime
80
A hacked B. He missed hitting B but the blade of the bolo landed at the neck of C who died as a result. Determine the crime committed by A:
A committed Homicide with Attempted Homicide
81
A shot B and the latter was hit. B sustained slight physical injuries. The bullet which hit B also hit C who died as a result.
A committed Homicide with Attempted Homicide
82
A shot B. B was hit. The bullet which hit B also hit C. B suffered a mortal wound but was saved by timely medical intervention. For his part, C died. A voluntarily surrendered to the police. What crime/s did a commit?
A committed Homicide with Frustrated Homicide
83
In the preceding problem, impose the proper penalty on A taking into consideration the Indeterminate Sentence Law. (A shot B. B was hit. The bullet which hit B also hit C. B suffered a mortal wound but was saved by timely medical intervention. For his part, C died. A voluntarily surrendered to the police. What crime/s did a commit?)
Prision Mayor in any of its periods as minimum to Reclusion Temporal in its maximum period as maximum.
84
A, a pickpocket, stole an item in the bag of another person. When he arrived home, he brought out the said item and was surprised because the item is his own watch that he lost a month earlier.
A committed an Impossible crime
85
The crime of Expulsion can be committed by:
A public officer and a public employee
86
It refers to a number of persons secretly united and use devious and undercover means to bring about an overturn public affairs or undermine and cause the downfall of a person with a position or authority.
Cabal
87
Using a fictitious name is committed by any person who shall publicly use a fictitious name for the purpose of:
Concealing a crime, evading execution of judgment or causing damage to public interest
88
Killing of a child exactly 3 days old is:
Murder
89
It is known as the improper performance of an act which might be lawfully done:
Misfeasance
90
It prohibits giving and acceptance of gifts by or to a public officer even during anniversaries or occasions.
PD 46
91
It is a felony committed by collecting as payments objects of a nature different from that provided by law.
Illegal Exaction
92
George and Anna cohabited as husband and wife without the benefit of marriage. They begot a child Juanito. When Juanito was 18 years of age, he quarreled with his grandfather Jose, the father of Johnny. Juanito killed his grandfather Jose. Juanito committed:
Homicide
93
It is the conscious and deliberate adoption of means, methods or forms of attack that will ensure the commission of a crime without risk on the offender arising from the defense to be put up by the victim.
Alevosia (treachery)
94
The person liable in death caused in a tumultuous affray is:
the person who inflicted serious physical injuries
95
It is committed by shooting at another with any firearm without intent to kill:
Illegal Discharge of Firearm
96
A mother who kills her 2-day old child commits:
Infanticide.
97
A and B engaged in a fight. B was at the losing end because he was smaller. When they grappled with each other, B bit the ears of A so hard that the ears of A were severed. B committed:
Mutilation
98
The Battered Woman Syndrome is a/an:
Justifying Circumstance
99
Rape by Sexual Assault can be committed by:
Inserting the penis into the anal orifice
100
It is known as mock serenade where persons involved pretend to be serenading but actually the purpose is to create noise.
Charivari
101
The “Severely Restrictive Rule” applies to:
Treason
102
X distributed materials which glorify crimes or encourage violation of laws. X committed:
Unlawful Publication
103
Gerald punched the daily time record of his co-employee Cesar who was at SM shopping. Gerald is liable for:
Falsification
104
In plunder, a public officer acquires ill-gotten wealth in the aggregate amount of at least:
P50 million pesos
105
It is committed by making immoral or indecent advances to a woman interested in a matter pending before an officer.
Abuse against chastity
106
It is a crime under the Revised Penal Code where the penalty imposed by law is the same regardless of whether it was intentionally committed or it resulted from negligence.
Malversation
107
Which one is not qualifying aggravating circumstance?
a. Price, reward or promise.
b. Nighttime.
c. With the aid of armed men.
d. Scoffing at the corpse of the dead
.Nighttime
108
Prince, a civilian,notice a heavy traffic in Claro M. Recto Road. To ease the traffic, he started blowing his whistle and directed the flow of traffic. Freddie, a taxi driver ignored his stop sign. Prince approached the taxi driver and confiscated his driver’s license. Prince is liable for what crime?
Usurpation of Official Function
109
They are referred to as persons who are directly vested with jurisdiction, whether as an individual or as member of some court or government corporation, board or commission.
Persons in Authority
110
Jimmy had an altercation with Cynthia. In the course of their verbal tussle, Jimmy threatened to kill Cynthia by pointing a gun at her. Jimmy did not know that Cynthia was pregnant. Cynthia was frightened. As a result, Cynthia suffered abortion. Jimmy is liable for:
Grave threat
111
It is the crime committed by any person who without reasonable ground shall arrest or detain another for the purpose of delivering him to the proper authorities.
Unlawful Arrest
112
Exploitation of Child Labor is committed by:
Anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or a person entrusted with the custody of a minor, against the latter’s will, retain him in his service.
113
Jaka owes Zaldy P20,000.00. Jaka failed to pay Zaldy when the loan became due and demandable. Zaldy compelled Jaka to work for him as his beautician. Zaldy committed the crime of:
Coercion
114
SPO1 Trinidad arrested Tirso by virtue of a warrant of arrest issued by a court.
The period prescribed under Art. 125 of the Revised Penal Code?
The period prescribed under Art. 125 of the Revised Penal Code does not apply
115
Pablo is a serial rapist. He committed rape in Manila, Quezon City, San Juan, Cavite, Tarlac, Pangasinan, La Union, and Pampanga. The commission of the crimes had sowed and created a condition of widespread and extraordinary fear and panic among the populace. Pablo demanded from the government the payment of P10 million pesos as a condition for him to stop committing the crime. Terrorism?
Pablo did not commit Terrorism because Rape is not included in Terrorism
116
Which of the following is not a felony?
a. Proposal to Commit Treason.
b. Proposal to Commit Coup d’ etat.
c. Proposal to Commit Terrorism.
d. Proposal to Commit Sedition.
Proposal to Commit Sedition.
117
China and Philippines are at war against each other. A, B, C, and D are all Filipino citizens. They agreed and decided to aid the Chinese by providing them information about the movement of Philippine Troops. A, BC, and D, supplied the Chinese soldiers with up to date information about the deployment of the Philippine Troops. Karla, the girlfriend of C, despite her knowledge of the act committed by A, B, C and D did not report it to the authorities as soon as possible as required by law.
Karla is not liable because Treason was committed by A, B, C and D
118
Jonas is sick with an incurable disease. He wants to end it all. He confided to his best friend, Abner, his intention to commit suicide. He requested Abner to suggest to him the best way of committing suicide. Commiserating with Jonas, Abner suggested to Jonas that he kills himself by taking an overdose of medicine so that it will be painless. Jonas took the advice of Abner and took an overdose of medicine. Jonas died.
Abner is liable for giving assistance to suicide because the crime can be committed by giving positive aid to the suicide such as giving suggestions regarding the mode of commission of suicide
119
During a fiesta celebration, a free for all fight erupted at the middle of the public plaza. After the smoke of battle had cleared, X was found dead. The person who killed him cannot be ascertained. Two witnesses however, pointed to A and B as the persons who stabbed X. It cannot be ascertained though who between A and B inflicted the fatal blow that caused the death of X.
A and B should be charged with homicide
120
Machination in public auction is committed by soliciting any gift or promise as a consideration for refraining from taking part in any auction or attempting to cause bidders to stay away from the auction for the purpose of:
Reducing the price
121
Killing of a person by means of explosives is:
Homicide
122
If a group of armed men gathered and conspired for the purpose of committing kidnapping:
Illegal assembly is committed because of the gathering of armed men for the purpose of committing a felony
123
Edgar assaulted a priest by slapping him in the course of a blessing of a new house. The incident interrupted the ceremony. Edgar was pacified by the persons who were at the place. Edgar is liable for:
Slander by deed
124
The phrase "delivering the person arrested to the proper judicial authorities" means:
filing of the case before the court that has jurisdiction of the crime committed
125
A private person who by the use of threats compels another to change his residence commits:
Grave Coercion
126
It is referred to as a mass movement. A crime committed by a multitude.
Rebellion
127
Coup d' etat is a swift attack accompanied by:
violence, intimidation, threats, strategy, and stealth
128
Arnaldo, a law student, was flunked in Roman Law by his professor, Atty. Reyes. Angered by this, Arnaldo waited for him and boxed him on the face. Atty. Reyes suffered injuries and was medically attended for 3 days, Arnaldo committed:
Qualified Direct Assault
129
What is the effect if a prisoner who escaped on the occasion of calamity returns within 48 hours following the announcement of the passing away of the calamity? He will be given a reduction equivalent to:
1/5 of the original sentence
130
A quasi-recidivist is any person who:
shall commit a felony while serving sentence or before serving sentence
131
Damage or at least an intent to cause damage is an element of Falsification of Private Document.
True
132
Subornation of Perjury is committed by any person who deliberately procures another to:
testify falsely and the person procured actually testifies as told
133
Which of the following crimes is not a crime involving Dereliction of Duty?
a. Knowingly rendering unjust judgment
b. Unjust interlocutory order
c. Infidelity in the custody of prisoners d. Revelation of secrets.
c. Infidelity in the custody of prisoners
134
Which is not a mode of committing Violation of Domicile?
a. Entering a dwelling against the will of the owner
b. Searching documents, papers and effects without the previous consent of the owner
c. Refusing to leave having surreptitiously entered when requested by the owner to do so
d. Entry without the consent of the house owner
Entry without the consent of the house owner
135
The Philippines and Malaysia are at war. Armed hostilities have begun. The Philippine government prohibited flight to Malaysia. Jonathan has a girlfriend named Melody who is based in Malaysia. Jonathan boarded Garuda, an airplane bound for Malaysia. Before the airplane could take off, Jonathan was arrested by members of the civil aviation command. Jonathan committed:
Flight to enemy's country
136
Miguel engaged a group of persons into a fight. He stabbed and killed Sonny not knowing that the latter is his son.
Miguel is liable for parricide because the law does not require knowledge that the victim in his son.
137
Manny was jogging at Burnham Park, Baguio City, in preparation for his fight against Margarito. While jogging at 5 o'clock in the morning, Manny saw an old man bleeding profusely. The old man asked Manny to bring him to the hospital as he was in danger of dying. Many simply looked at the man, continued to jog and abandoned the helpless old man. Manny is liable for Abandonment of helpless persons because:
Manny failed to render assistance to the person whom he found in an inhabited place.
138
Gerry raped Joanna. Not satisfied in abusing the lady, after satisfying his lust, Gerry secretly took the panty of Joanna as a remembrance.
Rape and theft
139
Tony pointed his gun at Vic. Tony had no intent to kill and simply wanted to intimidate Vic. In the process however. Tony pressed the trigger of the gun and it fired. Vic was hit and was seriously wounded. If you were the fiscal what crimes are you going to file against Tony?
Serious physical injuries with illegal discharge of firearms
140
While the court was in session, Judge Hipolito saw a person yawning inside the court room. He berated the person and declared him in contempt of court and fused him P500. After the court session and while Judge Hipolito was on his way home, the person attacked him by stabbing him from behind. The judge died. What is/are the crime/ s committed by the person?
Murder with direct assault
141
A husband surprised his wife with a man inside their room, The wife and the man were both naked and lying in bed. The husband shouted at them. The man jumped out of the window. The husband chased the man and killed him. Thereafter, the husband killed his wife. The husband committed:
Parricide and homicide
142
Jones and Jean had an altercation. In the course of the heated argument, Jonas killed Jean. After killing her, Jonas had anal Intercourse with the victim.
Murder
143
It takes place when a quarrel occurs between several persons not comprising organized groups and engage in a fight in a confused manner.
Tumultuous affray
144
X and Y are lovers. Their parents opposed their relationship because they are close relatives. X and Y were desperately in love with each other. They decided to kill themselves and prove to their parents that they love each other until death do they part. Armed with gun, X and Y shot each other. Y died but X survived. X is liable for a.
Giving assistance to suicide
145
Which of the following statements is correct?
a. Malversation may be committed intentionally.
b. Malversation may be committed by negligence.
c. Malversation may be committed intentionally or by negligence.
d. Malversation may be committed by non-accountable officers.
Malversation may be committed intentionally or by negligence.
146
A and B are both public officers. A gave B money as a consideration for B's refraining from doing something which is his official duty to do. A is liable for:
Corruption of public official
147
A young dancer danced rude before men who am 70 years old and above in a party. The young dancer is:
not liable for Indecent Exhibition because her audience will not be corrupted anymore
148
It is felony where the principal offender must be a member of the AFP or the PNP organization or a public officer with or without civilian support.
Coup d' etat
149
Captain Dimaculangan led a large group of rebel soldiers in attacking Camp Crame to wrest control thereof and establish a military junta. They wanted to declare the independence of the military camp from the government. They were repulsed by the armed forces loyal to the government. In the process, the rebel soldiers killed twenty soldiers loyal to the government. Captain Dimaculangan and his battalions were quelled and arrested.
Rebellion with Homicide
150
151. It is a crime committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods some social and political changes.
Sedition
151
152, Councilor Matapat is a City Councilor of Baguio. He was prevented by force, intimidation, threats or fraud from attending the session of the City Council by Segundo, a political opponent. Segundo is liable for the crime of:
Act tending to prevent the meeting of the City Council
152
153. It is the crime committed without public uprising, by employing force or intimidation to attain any of the purposes of Rebellion or Sedition.
Direct assault
153
154. During the routinary inspection of the prism cells, a jail guard found out that Gilbong, a convict serving sentence, has an ice pick tucked under his bed. Possession or concealment of a deadly weapon is punished by a special law. Gilbong is a:
Not a quasi-recidivist
154
155. Is violation of the Conditional Pardon a substantive (make difference) offense?
No, because the violation of the Conditional Pardon does not constitute a disturbance of the public order and does not breach the peace of society.
155
156. It is a willful and corrupt assertion of falsehood under oath or affirmation administered by a competent officer on a material matter.
Perjury
156
157. In a birthday party for the child of Judskie, Tibor left his cocked .45 caliber gun in one of the tables. The children ran around the table. In the process, a child nudged the table and the gun fell on the ground and it fired. This created a commotion, and the children and guests scampered (move in disorderly haste) for safety.
Tibor is not liable because there was no material damage or injury that was caused.
157
158. Libel may be committed by means of writing or similar means except:
a. Printing
b. Lithography
c. Phonograph
d. Cartography
Cartography
| the science of making maps.
158
159. It is a crime committed if a person represents himself as another and assumes the latter's rights or filiations.
Usurpation of civil status
159
160. Nestor is married to Marie. Nestor went to Aruba to work. While Nestor was there, he fell in love with Minda and married her in Aruba.
Nestor committed Bigamy but is not liable because criminal law Is territorial in character.
160
161. Renz Jan brought Yari, his 16-year old girlfriend, to Heavenly Resort. At the pretext (false reason given for doing something) of marrying her, Renz Jan succeeded in having sexual intercourse with Yari. Renz Jan refused to marry Yari.
Renz Jan is liable for Consented Abduction because seduction being a lesser crime is absorbed in Consented Abduction.
161
162. The husband suspected his wife of infidelity. One day, he secretly followed his wife and saw that his wife met with a man and both went to a hotel. After 20 minutes, the husband with a policeman, entered the room and saw his wife almost naked while the man was in his underwear. The man who turned out to be a policeman and the wife said that they were having a conference.
Both are liable for Adultery because in adultery sexual intercourse need not be proved conclusively.
162
163. Chobolts is the step father of Johara. One day, Chobolts and Johara quarreled. Because of hate and anger, Chobolts put the clothes of Johara in a luggage and burned them. Chobolts committed:
Arson and is criminally liable
163
164. It refers to the law on Arson.
PD1613
164
165. Loida entrusted her diamond ring to Madeline in the presence of Rosalie and Oneida. When Loida went to Madeline to get back her ring, Madeline denied having received the thing.
Madeline is liable for Estafa with Abuse of Confident
165
166. Saladin obtained goods from Richard and paid Sa!edit, simultaneously with a check. When Richard presented the check for payment with the drawee bank, the check was dishonored for the reason "ACCOUNT CLOSED."
Saladin committed Estafa and violation of BP 22.
166
167. Martel sold to Cris a flat television explaining that he is in dire need for money. Cris bought the television in Dagupan City for the very cheap price of P2,500.00. It turned out that the television was stolen. The flat television was recovered from Cris.
Cris is liable for Violation of PD 1612.
167
168. RoIdan owns a ranch. One day, five cows escaped. Roldan retrieved two of the cows. As he wanted to retrieve the other three cows, Roldan entrusted his two cows to Gilbert and asked the latter to safe keep them. Gilbert had other things in mind and instead sold the cows of Roldan.
Gilbert committed Qualified theft.
168
169. The door of the house of Marilen was dosed but not locked. Marvin entered the house and took valuables belongings to Marilen.
Marvin committed theft.
169
170. A, B, and C entered the house of Lorna by passing through the window. They took personal belongings kept in the house and raped Lorna.
A, B, and C committed robbery with rape.
170
171. Terence took Li Wings against his will, detained him, and demanded for ransom. The ransom was not paid, Terence killed Li Wing. Terence committed:
Kidnapping with Homicide
171
172. Daniel discovered one morning that his expensive Cartier watch was missing. He suspected Deborah, his housemaid, to have stolen it. He confronted Deborah and accused her with Theft but the latter professed her innocence. Daniel detained Deborah and brought her later to the police station.
Unlawful arrest
172
173. X owes Y P20,000.00. X failed to pay his loan when it became due and demandable. Y compelled X to work for him as farm laborer to enforce payment of X's debt.
Y committed the crime of Services rendered under compulsion in payment of debt.
173
174. Hanna is 16 years of age. Her boyfriend James visited her in their house while her parents were out of the house. Gregorio, the father of Hanna, surprised them in the act of sexual intercourse. Gregorio was outraged and inflicted Less Serious physical injuries on both Hanna and James.
Gregorio is not liable for the less serious physical injuries sustained by Hanna and James because he is exempt from punishment.
174
Martinez hid behind the trunk of a tree to wait for the arrival of Jose. The latter was a long time enemy of Martinez. After an hour a person arrived. The person resembled the features of Jose. Martinez shot the person who died as a result. It turned out that the person is Justine
Martinez is liable for murder because treachery can be appreciated even if the intended victim is not the one killed.
175
176. Juan confessed to Arwyn that he is going to kidnap Kim, the daughter of a rich Chinese businessman. Juan went to the school of the intended victim. Arwyn went with him and tried to dissuade Juan from committing the crime of kidnapping. Juan refused and was bent on committing the crime. Arwyn threatened to inflict body harm upon Juan, if he persists to commit the crime. Arwyn is?
Arwyn is not liable for Grave Coercion because under the law if a person prevents another to do an act constituting a crime or prohibited by law he does not commit Grave Coercion.
176
177. X obtained a loan from Yin the amount of P30,000.00. To guarantee the payment of his loan X delivered his cow as security. Y sold the cow to the damage and prejudice of X.
Y is liable for Estafa
177
178. Adonis was watching a basketball game at the public plaza. Adonis was wearing his loose short pants. Bogart went at the back of Adonis and suddenly pulled down the short pants of Adonis. It happened that Adonis was not wearing underwear so his private organ was exposed to public view.
Bogart is liable for Slander by Deed.
178
179. When is there Qualified Direct Assault?
a. when the offender is a public officer
b. when the offender uses weapon
c. when the offender gravely insults the victim
d. both A and B
c. when the offender gravely insults the victim
179
180. Susan induced Bryan to kill Raymond. She promised to marry Bryan if the latter can do the act. Bryan killed Raymond.
Both Susan and Bryan are liable for Murder.
180
181. It is the crime committed by public officers who amass or accumulate ill gotten wealth in the aggregate amount of at least P50,000.00.
Plunder
181
182. Ardan was employed at the Bureau of Internal Revenue. In 2005, he was charged with Violation of RA 3019 (Anti-Graft and Corruption Practices Act) before the Ombudsman. In 2006, Ardan transferred to the Bureau of Customs. In 2006, the Sandiganbayan ordered his suspension from office. Arden cannot be suspended from office because:
RA 3019 does not state that the public official must be suspended only in the office that he held when the crime was committed.
182
183. The city council appropriated the sum of P3 million for the purchase of a fire truck. Before the purchase could be made, japan donated a fire truck to the city. Since there was no need to purchase another fire truck. the City Council, the Vice Mayor, and the Mayor used the P3 million to construct a new fly over to ease the traffic congestion in the city. The city officials are liable for:
Illegal use of Public funds
183
184. Karl and Kathy are husband and wife. Due to irreconcilable differences, they separated in fact. For the last five years, they have been living separately. Karl heard rumors that his wife found somebody new and is now cohabiting with another man. Karl simply ignored it and said that if his wife can have someone new, he too can. One day, Kant caught them in the act of sexual intercourse and killed both of them.
Karl is liable because he consented to the infidelity of his wife.
184
185. Lovie paid the amount of P5,000.00 as building permit fee to Alex, a collector at the treasurer's office. Under the pretext that their office ran out of official receipts, Alex issued a handwritten receipt. The truth is there were plenty of receipts inside his drawer. Alex is liable for:
Illegal Exaction
185
186. SPO4 Munar accosted Ciano for alleged jaywalking. The truth is that Ciano did not commit the crime. SPO4 Munar threatened to arrest Ciano if the latter does not give him P 500.00. Ciano was constrained to give the money.
SPO4 Munar is liable for Robbery with Intimidation
186
187. It is a crime known as dereliction of duty.
a. Betrayal of trust
b. Unjust interlocutory order
c. Prevaricacion
d. Malfeasance
Prevaricacion
| When someone tell a lie
187
188. Brenda lives in a bungalow house surrounded by tall buildings. Brenda has a habit of swimming in the nude every 7 o'clock in the morning. Every time she does, men from the high rise buildings always feast their eyes and enjoy her lovely sight.
Brenda is liable for Grave Scandal because even if she did the act in her home, it is open to public view.
188
189. Prohibitions under the new drugs law, RA 9165.
No plea bargaining and No probation
189
190. Turgano used his first owned Fortuner car as collateral to a loan. He executed a chattel mortgage on his car. He failed to pay his loan. The sheriff took possession of his car and scheduled it for public auction to satisfy his unpaid loan. The car has a sentimental value to him. To prevent the auction of the car, Turgano caused the bidders to stay away from the building.
Turgano is not liable for Machination in public auction because his purpose was not to reduce the price of his car.
190
191. Roger Padilla uses in public a uniform of a General in a World Air Force Organization, a pseudo or fictitious group which he organized.
Roger Padilla is not liable for illegal use of uniform because his organization does not carry authority which the public looks up to or respect.
191
192. X is a defeated Mayoralty candidate and cannot accept he lost in the last election. He encouraged his numerous supporters not to recognize the authority of the elected Mayor. He encouraged them not to pay their taxes and disobey the mayor.
X committed Unlawful Utterances
192
193. Rosenda is an employee of the Bureau of Post. To accommodate a lawyer friend, she changed the date in registry of mails so that it would appear that the lawyer mailed the pleading within the reglementary period.
Rosenda is liable for Falsification of public documents because she committed intercalation.
193
194. While Zareen was asleep, Zandro inserted a toothpick in her genitalia. The mother of Zareen caught Zandro in the act. Zandro is liable for:
Rape by sexual assault
194
195. He cannot commit Qualified Seduction.
a. Policeman
b. Priest
c. Guardian
d. House servant
Policeman
195
196. Complete defense in a culpable felony.
a. Honest mistake of fact
b. Last clear chance
c. Accident
d. Contributory negligence
Accident
196
198. Dexter is married to Xyra. Dexter and Xyra separated in fact. After 7 years, Dexter married Xamantha and they lived in a house in La Union.
Dexter is liable for Bigamy and Concubinage.
197
199. Nelson had sexual intercourse with Ingrid, an 18-year old virgin, by means of deceit. Nelson promised to marry her but refused to make good his promise to marry Ingrid.
Nelson is not criminally liable because Ingrid is 18 years old.
198
200, Josephine is a 17-year old widow. Ryan courted Josephine. Not long after, Ryan succeeded in having sexual intercourse with Josephine under the pretext of marrying her.
Ryan is liable for Simple Seduction because virginity is not an element of the crime.
199
201. Arresting any member of Congress while attending a regular or special session constitutes a crime of Violation of Parliamentary immunity except when the penalty for the crime committed is higher than:
Prision correccional
200
202. It is referred to as a crime of result.
Terrorism
201
203. In BP 22, what is the effect if the check is presented to the drawer bank beyond 90 days?
c. The prime facie presumption of knowledge of the insufficiency of funds is lost.
202
204. A debtor who absconds with his property but there are many remaining sufficient properties left to answer for his obligations commits:
No crime
203
205. It provides that mere possession of a thing that has been the subject of theft or robbery is a prima facie evidence of fencing.
PD 1612
204
206. X entered an enclosed estate desplte the written notice ”No trespassing.” He climbed the mango tree inside and gathered half ripe fruits. X committed.
Theft
205
207. KC left his cellphone at the dash board of his car. Arvin picked up a stone and smashed the windshield of the car of KC. Arvin took the cell phone of the KC. Arvin committed
Theft
206
208. A, B, and C went inside a BDO bank. B ordered the cashier at gunpoint to put the money inside the duffel bag. When the cashier refused, B shot him to death. A, B, and C were apprehended.
A, B, and C committed Attempted Robbery with Homicide.
207
209. Oscar hates his 70-year-old. One day, Oscar brought his grandmother in the forest and left her there.
Oscar committed no crime because he did not find his grandmother in uninhabited place
208
210. The penalty impossible for the crime of Death under the exceptional circumstances is.
Destiero
209
211. Johnny and Carmela do not believe in the sanctity of marriage. They lived together in the concept of husband and wife. Carmela killed Johnny in the fit of jealousy by cutting off the penis of Johnny.
Homicide
210
212. Pluto is a lady jail warden. She got a big crush on Calixta who is detained for violation of the drugs law. She put Calixta on solitary confinement for misbehavior. One night, Pluto summoned Calixta to her office. She told Calixta that she likes her and wants to make love with her and in return Calixta will have no restrictions in jail.
Pluto is liable for Abuse against chastity because she made an indecent proposal to Calixta, a woman detainee.
211
213. Igor kidnapped Trevor and demanded the payment of ransom. The family of Trevor asked for police assistance. During the rescue operation, Igor traded gunshots with the policemen. In the process, PO1 Vallangca was hit at his back and died as a result Igor committed:
Kidnapping and Homicide
212
214. It is a crime committed by any person who by means Of violence shall seize anything belonging to his debtor for the purpose of applying it to the payment of the debt.
Light Coercion
213
215. Randy is a chick magnet. Despite his marital status, he indulges in unabated philandering. His wife Lorna had been suspecting all along that Randy is having illicit relations with Maja, her close friend. One day, Lorna went to the office of Randy and rummaged the drawers of the table of Randy. Lorna discovered love letters of Maja to Randy t confirming not only illicit relations but their cohabitation in a plush Makati condominium. Lorna seized the love letters.
Lorna is not liable for discovering secrets through seizure of correspondence because the article is not applicable to the spouse with respect to the letters or papers of either of them.
214
216. X and Y are in North Korea. They agreed and decided to hijack a PAL airplane carrying 10 senators, 25 congressman, and 300 other passengers to sow and create a condition of widespread and ordinary fear and panic among populace by threatening to blow the plane unless the Philippine Government releases from captivity Abu Ramamak Amin, a captured terrorist detained at Camp Crame. X and Y are liable for:
Conspiracy to commit Terrorism
215
217. Judge Saragoza retired from the government service. One day, he met Kamlon whom he convicted of a crime while he was still a Judge. Kamlon attacked Judge Saragoza by boxing him on different parts of his body. The motive of Kamlon was to exact revenge upon the Judge. Kamlon is liable for:
Physical injuries
216
218. It is a crime committed by any person who without reasonable ground shall arrest or detain another for the purpose of delivering him to the authorities.
Unlawful arrest
217
219. In the crime of falsification of a private document.
Damage or at least intent to cause damage is an element.
218
220. A free for all fight erupted at the Melvin Jones Grandstand. After the smoke of battle had cleared, Jovit was found dead. X was identified as the person who stabbed Jovit to death. X should be charged with:
Homicide
219
221. The single Larceny doctrine applies principally to:
Theft and robbery
220
222. Drago let loose his cow. The cow went inside the backyard of Judan. The cow destroyed the growing crops of Judan. Due to hate and anger, Judan shot and killed the cow of Drago. What crime did Judan commit?
Cattle Rustling
221
227. Gregory invited his lady love Xyra for a joy ride. When Xyla got tired of the endless ride, she pleaded to Gregory to bring her home. Gregory refused and instead brought Xyra in a house in Pasig. He refused to let go Xyra unless she signs a promissory note to marry him. They stayed in the house overnight. Gregory is liable for:
Coercion
222
228. Tammy kidnapped George and demanded the payment of ransom. The family of George refused to pay ransom. Tammy killed George by shooting him from behind. If you were the prosecutor, what crime/s are you going to file against Tammy?
Kidnapping with Homicide
223
229. X replaced the amount of 10 dollars to 100 dollars. The alteration is so imperfect that is very visible.
X is not liable for Counterfeiting because it does not have the appearance of a genuine currency.
224
230. Exploitation of Child Labor is not committed by:
anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian, or person entrusted with the custody of a minor, with the latter’s consent retain him in his service
225
231. Jake owes Zaldy P20,000.00. Jaka failed to pay Zaldy when the loan became due and demandable. Zaldy compelled Jaka to work for him as his beautician. Zaldy committed the crime of:
Coercion
226
198. Dexter is married to Xyra. Dexter and Xyra separated in fact. After 7 years, Dexter married Xamantha and they lived in a house in La Union.
Dexter is liable for Bigamy and Concubinage.
227
199. Nelson had sexual intercourse with Ingrid, an 18-year old virgin, by means of deceit. Nelson promised to marry her but refused to make good his promise to marry Ingrid.
Nelson is not criminally liable because Ingrid is 18 years old.
228
200, Josephine is a 17-year old widow. Ryan courted Josephine. Not long after, Ryan succeeded in having sexual intercourse with Josephine under the pretext of marrying her.
Ryan is liable for Simple Seduction because virginity is not an element of the crime.
229
201. Arresting any member of Congress while attending a regular or special session constitutes a crime of Violation of Parliamentary immunity except when the penalty for the crime committed is higher than:
Prision correccional
230
202. It is referred to as a crime of result.
Terrorism
231
203. In BP 22, what is the effect if the check is presented to the drawer bank beyond 90 days?
c. The prime facie presumption of knowledge of the insufficiency of funds is lost.
232
204. A debtor who absconds with his property but there are many remaining sufficient properties left to answer for his obligations commits:
No crime
233
205. It provides that mere possession of a thing that has been the subject of theft or robbery is a prima facie evidence of fencing.
PD 1612
234
232. Aldong, Chobolts, and Marlon boarded a jeepney cruising along Aurora Blvd., San Juan, Metro Manila. They announced a hold up. They got the valuables of a particular woman passenger whom they followed earlier and hit her head with a gun. Thereafter, they kicked her out of the jeepney causing her to fall and die as a result. Aldong, Chobolts, and Marlon commited:
Robbery with Homicide
235
233. Which of the following statements is correct?
A. Adultery is a continuing crime.
B. Each sexual intercourse does not constitute adultery.
C. Each sexual intercourse constitutes adultery.
D. Adultery is committed by a married woman who shall have sexual intercourse with another man.
C
236
234. Martin grew up in the United States. He came home to the Philippines when he was 25 years old. He seduced Suzanne his 27-year old sister, who was no longer a virgin. Martinis liable for
Qualified Seduction
237
235. In Forcible Abduction, there is:
taking of a woman against her will with lewd designs
238
236. Johnny is married to Susan. They are both Filipino citizens and residents of Manila. In search for greener pasture, Johnny decided to work abroad. He went to Hong Kong where he successfully landed a job. Johnny met Edna in his place of work. Due to constant togetherness, the two became fond of each other. They soon started to live together as husband and wife. To seal their undying love, Johnny married Edna in Hong Kong.
Johnny committed bigamy and concubinage but not criminally liable
239
237. An act performed in the presence of other person or person which casts dishonor, discredit or contempt upon offended party is called:
Slander by Deed
240
238. Criminal Negligence is:
a crime in itself or a modality for the commission of another offense
241
239. SPO1 Trinidad arrested Tirso by virtue of a warrant of arrest issued by a court.
The period prescribed under Art. 125 of the Revised Penal Code does not apply.
242
240. Pablo is a serial rapist. He committed rape in Manila, Quezon City, San Juan, Cavite, Tarlac, Pangasinan, La Union and Pampanga. The commission of the crimes had sowed and created a condition of widespread and extraordinary fear and panic among the populace. Pablo demanded from the government the payment of 10 million pesos as a condition for him to stop committing the crime.
Pablo did not Commit terrorism because rape is not included in the crime of terrorism.
243
241. Which of the following is not a felony? A. Proposal to commit Treason
B. Proposal to commit Coup d' etat
C. Proposal to commit Terrorism
D. Proposal to commit Sedition
D. Proposal to commit Sedition
