CRIMINAL LAW tips - 1 - UP LAW
CRIMINAL LAW tips
1. John was convicted for illegal possession of firearms. While John was serving his sentence in jail, he
killed Peter. Which of the following is correct?
A. John is a habitual delinquent.
nd
B. The penalty for the 2 crime will be increased to the maximum.
C. John is a quasi-recidivist.
D. There is an aggravating circumstance of Habituality/Reiteracion.
Answer: C, John is a quasi recidivist.
Requisites:
1. Final conviction for one offense
2. Commits a felony
3. Before or while serving sentence
rd
Not A – To be a habitual delinquent, the person must be guilty for the 3 time (or more) – only 2 here.
nd
Not B – this is an effect of Recidivism under Art. 14, for this to apply, 2 crime must be embraced under the same title
of RPC.
Not D – To be an aggravating circumstance, it is necessary that the offender shall have served out his sentence of
the first offense.
2. The probation law does not apply to all except:
A. those who have been once on probation under the provisions of the decree
B. those convicted of subversion or any crime against national security or public order
C. those sentenced to serve a maximum term of imprisonment of more than six years
D. those sentenced to the penalty of destierro or suspension
Answer: D. those sentenced to the penalty of destierro or suspension
A, B, C – Offenders who do not enjoy the benefits of the Probation Law as provided in Sec. 9
Sec. 9 Disqualified offenders
1) those sentenced to serve a maximum term of imprisonment of more than six years
2) those convicted of subversion or any crime against the national security or public order.
3) those who were previously convicted by final judgment by imprisonment of not less than one month and one day
and/ or a fine of not more than two hundred pesos
4) those who have been once on probation under the provisions of the decree
5) those who are already serving sentence at the time the substantive provsions of the Probation Law became
applicable.
3. The indeterminate sentence law does not apply to the following offenders except:
A. Habitual delinquents
B. Recidivists
C. Persons convicted of piracy
D. Persons convicted of rebellion
Answer: B. Recidivists
A, C, D – As provided in Sec. 2 of the Indeterminate Sentence law, the law does not apply to these offenders.
Sec. 2 Coverage of Indeterminate Sentence law
The law does not apply to certain offenders:
1) Persons convicted of offense punished with death penalty or life imprisonment (or reclusion perpetua).
2) Those convicted of treason, conspiracy or proposal to commit treason.
3) Those convicted of misprision of treason, rebellion, sedition or espionage.
4) Those convicted of piracy.
5) Those who are habitual delinquents (but applies to recidivists).
6) Those who shall have escaped from confinement or evaded service of sentence.
7) Those who violated the terms of conditional pardon granted to them by the Chief Executive.
8) Those whose maximum term of imprisonment does not exceed one year.
CRIMINAL LAW tips - 2 - UP LAW
9) Those who, upon the approval of the law, had been sentenced by final judgment.
10) Those sentenced to the penalty of destierro or suspension.
4. Anne was the one week old, illegitimate daughter of Bong while Bong was the legitimate son of Dan.
Dan killed Anne. What crime was committed by Dan?
A. Infanticide
B. Homicide
C. Parricide
D. Murder
Answer: D. Murder
The killing of a child is murder even if the manner of attack was not shown. The qualifying circumstance of treachery
or “aleviosa” exists in the commission of the crime of murder when an adult person illegally attacks a child of tender
years and causes his death. People v Valerio, 112 SCRA 231
Not A – Child must be less than 72 hours of age (3 days), child here is a week old.
Not B – killing of a child, there is treachery.
Not C - For parricide to have been committed the other ascendant or descendant must be legitimate
5. Which of the following crimes has a penalty that prescribes in 15 years?
A. Giving assistance to suicide, suicide is not consummated with possible penalty of imprisonment for 1month
and 1 day to 6 months
B. Intentional abortion, by use of violence upon the pregnant woman with possible penalty of imprisonment for
12 years and 1 day to 20 years
C. Abandoning a minor, minor died with possible penalty of imprisonment from 6 months and 1 day to 6 years
D. Kidnapping and serious illegal detention with possible penalty of 20 years and 1 day to 40 years
Answer: B. Intentional abortion, by use of violence upon the pregnant woman – reclusion temporal
Death and reclusion perpetua 20 years
Other afflictive penalties 15 years
Correctional penalties 10 years
Note: If arresto mayor 5 years
Light penalties 1 year
Not A- arresto mayor in its medium and maximum periods, 5 years
Not C – prision correccional, 10 years
Not D – death or reclusion perpetua, 20 years
6. Which of the following is not a source of Philippine criminal law?
A. G.R. 148560 (Estrada v. Sandiganbayan)
B. Art. 114, Revised Penal Code (Treason)
C. P.D. 1617 (Anti-Fencing Law)
D. R.A. 9372 (Human Security Act)
Answer: A. Estrada v Sandiganbayan
There are no common-law crimes in the Philippines. It follows that court decisions are not sources of penal law, since
it only serves as the courtʼs interpretation of existing penal laws.
7. All of the following incur liability under the first part of Art. 4 which states that criminal liability will be
incurred by any person committing a felony although the wrongful act be different from that which he
intended:
A. A bank employee illegally accessed one of Bank Bʼs main vaults, but the safe was empty.
B. A intended to shoot B, but because of heavy fog, he mistook C for B. C died from the gunshot wound.
C. A jokingly hit B on the head during a drinking spree, because of it, B stumbled and hit the pavement, causing
severe head injuries.
D. A threw a knife at B, but due to his poor aim, the knife hit C at the neck.
CRIMINAL LAW tips - 3 - UP LAW
Answer: A. – because it is an impossible crime (Art. 4 par 2 not 1) – any person performing an act which would be an
offence against persons or property, were it not for the inherent impossibility of its accomplishment
Error in personae, Aberratio ictus and Praeter Intentionem are cases embraced under Art. 4 par 1
Not B – error in personae – mistake of identity (consequent victim is different from intended)
Not C – praeter intentionem – committing a felony the consequence of which is greater than what is intended
Not D – aberration ictus – mistake of blow (aiming at one but hitting another)
8. Penal laws shall have a retroactive effect:
A. if they favor the persons guilty of a felony, who are not habitual criminal
B. if they favor the persons guilty of felony, regardless of whether they are habitual delinquents or not
C. if they favor the victims of the persons guilty of a felony
D. if they favor both the victims and the persons guilty of a felony
Answer: A
Rule – Penal laws shall have retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual
criminal (Art. 22 RPC)
9. There is a frustrated crime when:
A. Pedro aimed a pistol at Juan, with intent to kill, but when he pulled the trigger it jammed and no bullet was
fired.
B. Pedro stabbed Juan in the chest 10 times but due to timely medical attention, Juan survived.
C. Pedro tried to poison Juan but he accidentally puts salt instead of poison
D. Pedro induced Maria to kill Juan but Maria refused
Answer: B.
Crime is frustrated when offender performs all acts of execution which would produce the felony as a consequence
but do not produce it by reasons of causes independent of will of the perpetrator.
Not A – attempted crime – when offender commences the commission of a felony directly by overt acts, and does not
perform all the acts of execution which should produce the felony
Not C – impossible crime - any person performing an act which would be an offence against persons or property,
were it not for the inherent impossibility of its accomplishment
Not D – proposal (not punishable by law)
10. Which of the following is a divisible penalty?
A. Destierro
B. Reclusion Perpetua
C. Public Censure
D. Fines
Answer: A - Destierro
Art. 76 RPC Table enumerates the divisible penalties
1. Reclusion temporal
2. Prision Mayor , absolute and temporary disqualification
3. Prision Correccional, suspension and destierro
4. Arresto mayor
5. Arresto menor
B, C and D – not included in the list of divisible penalties (Art. 76)
-End of Criminal Law Tips-
