CRIMINAL LAW 1 MIDTERM EXAM
Sample Exam
MULTIPLE CHOICE QUESTIONS:
Kindly bold or highlight your answer
1. Principle of Public International Law exempts certain individuals from the General Characteristic of Criminal Law.
Who among those below are not exempt from the Generality Rule?
a) Commercial attaché of a foreign country
b) Chiefs of State or Sovereign
c) Minster Residents
d) Ambassador
e) Chief of Mission
2. Motive is important:
a) To ascertain the truth of two (2) antagonistic theories.
b) To know the identity of the accused.
c) To ascertain what crime is committed.
d) When there is no evidence against the accused.
3. Which of the following is correct:
a) The accused is not liable for the result not intended when there is a mistake of fact constituting
an involuntary act.
b) Mistake of fact is a defense in a culpable felony.
c) Accused is not liable for the result not intended when there is a mistake in the identity of
d) the victim.
e) Accused is not criminally liable for the results not intended when the wrongful act is the proximate
cause of the resulting injury.
4. When the penalty is a fine of Php 40,000.00, it is ______.
a) a correctional penalty.
b) a light penalty.
c) an afflictive penalty
d) none of the choices.
5. The correct rule is a penal law should be given a retroactive effect if it is favorable to the accused:
a) unless 1) the accused is a habitual delinquent and 2) it is expressly made inapplicable to existing
causes of action.
b) unless the accused is a habitual delinquent.
c) unless the new law expressly provides that it is inapplicable to existing causes of action.
d) unless the old law has been expressly repealed.
6. Danny had attended a birthday party and had too much alcohol to drink. Nevertheless, he drove himself home.
While driving, he fell asleep and lost control of his vehicle, and hit another car carrying Arnold, Benny, and Cindy.
This led to Arnold’s death, Benny’s serious physical injuries, while Cindy was left unscathed. Their car was also a
total wreck. What charge/s should be filed against Danny?
a) A single charge of reckless imprudence resulting to homicide, serious physical injuries, and
damage to property.
b) Three separate charges of reckless imprudence resulting to homicide, reckless imprudence
resulting to serious physical injuries, and reckless imprudence resulting to damage to property.
c) A charge of a single complex crime of reckless imprudence resulting to homicide, serious
physical injuries, and damage to property.
d) Two separate charges of reckless imprudence resulting to homicide and serious physical injuries,
and reckless imprudence resulting to damage to property.
e) A single charge of reckless imprudence resulting to homicide absorbing the serious physical
injuries and damage to property.
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7. Andres, Ben, and Carlo recruited Don to join their fraternity. Don agreed and they proceeded to schedule his
initiation rites. During the rites, Ben and Carlo started drinking while, in their presence, Andres started Don’s
initiation by punching Don in his abdomen. Unknown to him, Don had a heart condition and after several blows the
latter suffered a heart attack and died. Startled, the three rushed Don to the hospital but he had already died. Which
of the following statements is correct?
a) All three are liable for Don’s death under the Anti-Hazing Law.
b) Andres is liable for reckless imprudence resulting to homicide for Don’s death. Ben and Carlo
are not liable.
c) All three are liable for reckless imprudence resulting to homicide.
d) Andres is liable for Don’s death under the Anti-Hazing Law. Ben and Carlo are mere
e) accomplices under the Anti-Hazing Law.
f) All three incur no criminal liability and are merely civilly liable for Don’s death.
8. Which of the following cases do not fall under the application of Philippine criminal laws?
a) A Chinese citizen who counterfeits US Dollars in China and imports these into the Philippines.
b) An American consular officer who issued a bouncing check in payment for the birthday party of
his son and charged with violation of BP 22.
c) An Israeli-owned and Panamanian registered vessel docked in Mindoro where an Indonesian
crewman kills his fellow Indonesian and steals the latter’s jewelry.
d) A Filipino consular officer in Hong Kong issues a fake Philippine passport to a Chinese citizen in
order to allow the latter to leave Hong Kong.
e) All of the choices.
f) None of the choices.
9. Which of the following cannot be given retroactive effect?
a) An amendment to the Anti-Plunder Law increasing the predicate amount that the accused has
amassed and required for conviction from PhP50 Million to PhP75 million.
b) A law which specifically requires that there must be at least two witnesses to the overt acts of
the crime of rebellion before an accused may be convicted.
c) An amendment to the Intellectual Property Law which provides that the possession of counterfeit
goods gives rise to the presumption that the possessor is the counterfeiter and may be held
criminally liable.
d) A law which provides that a convict who escapes from imprisonment during a calamity but returns
within 48 hours from the end of the calamity shall be entitled to a reduction of his sentence.
e) All of the choices.
f) None of the choices.
10. In which of the following cases is the felony in the frustrated stage?
a) Y who is seated on a chair is attacked by X from behind. X’s knife hits the back of the chair
instead of Y causing him to fall but without suffering any injuries.
b) A, B, and C declare a robbery in a bank and was handed by the bank manager the cash in a
duffel bag. However, they were arrested before they could step outside.
c) X with the intent to kill Y threw a molotov cocktail at the latter’s house. However, J was not at
home. When the molotov bomb hit and ignited the house, the fire sprinklers turned on and
extinguished the fire.
d) M picked the handbag of S while they were riding a jeep and was able to get her wallet. However,
when he checked the wallet, it contained no money. Hence, he returned the wallet to S’ handbag.
e) All of the choices.
f) None of the choices.
11. X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the
circumstances,
a) X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the
victim.
b) X may plead praetor intentionem since he intended only to scare, not kill Z.
c) X may plead aberratio ictus as he had no intention to hit Z.
d) X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he fired
his gun.
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12. To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved his car to the right
towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance of state of
necessity?
a) Yes, since the instinct of self-preservation takes priority in an emergency.
b) No, because the bystanders had nothing to do with the abandoned truck on the road.
c) No, because the injury done is greater than the evil to be avoided.
d) Yes, since the bystanders should have kept off the shoulder of the road.
13. Which of the following crimes is an exception to the Territoriality Rule in Criminal law?
a) Plunder committed at his place of assignment abroad by a Philippine public officer.
b) Violation of the Trademark Law committed by an alien in the Philippines.
c) Forgery of US banknotes committed in the Philippines.
d) Crime committed by a Filipino in the disputed Spratly's Island.
14. When committed outside the Philippine territory, our courts DO NOT have jurisdiction over the crime of
a) Rebellion
b) Treason
c) Espionage
d) Piracy
15. X inflicted serious injuries on Y. Because of the delay in providing medical treatment to Y, he died. Is X criminally
liable for the death of Y?
a) Yes, because the delay did not break the causal connection between X's felonious act and the
injuries sustained by Y.
b) Yes, because any intervening cause between the infliction of injury and death is immaterial.
c) No, because the infliction of injury was not the immediate cause of the death.
d) No, because the delay in the administration of the medical treatment was an intervening cause.
16. Following a heated argument, Mr. X killed Mr. Y. After he killed Mr. Y, Mr. X immediately proceeded to the
house of his cousin, Mr. Z, to ask for his protection. Mr. Z was then the Chief of Police of ABC Municipality, the
locality where the killing happened.
For 5 years, Mr. X was neither charged nor apprehended by the authorities, thanks to his cousin’s influence.
When Mr. Z was transferred to another jurisdiction, Mr. X was finally apprehended, charged, and convicted of the
crime of homicide. Mr. Z was likewise convicted as an accessory to the crime. From the foregoing facts, which of
the following statements is true?
a) Mr. Z is liable as an accessory because he is not among the persons covered/contemplated
under Article 20 of the Revised Penal Code.
b) Mr. Z is liable as an accessory to the crime of homicide because unlike ordinary citizens, police
officers and other law enforcement personnel do not enjoy the benefit under Article 20 of the
Revised Penal Code.
c) Mr. Z is liable as an accessory to the crime of homicide because he profited from the effects of
the crime.
d) Mr. Z is not liable because he is a relative of Mr. X within the fourth degree.
17. The maxim "Nullum crimen nula poena sine lege" means that
a) crime is a product of law.
b) the act is criminal at the time of its commission and recognized as such at the time of its
commission, but the penalty, therefore, is prescribed in a subsequently enacted law.
c) The act is criminal and punished under and pursuant to common law.
d) there is a crime for as long as the act is inherently evil.
18. Mr. A intended to kill B. A fired his gun at B with no attending qualifying circumstances. A missed and hit C. C
was injured and his injury requires medical attendance for at least 10 days. A is liable for what crime?
a) Attempted homicide with less serious physical injuries.
b) Less serious physical injuries.
c) Attempted murder with slight physical injuries.
d) Separate crimes of homicide and slight physical injuries.
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19. Can there be a frustrated impossible crime?
a) No. There can be no frustrated impossible because the offender has already performed the acts
for the execution of the crime.
b) Yes. There can be a frustrated impossible crime when the act performed would be an offense
against persons.
c) No. There can be no frustrated impossible crime because the means employed to accomplish
the crime is inadequate or ineffectual.
d) Yes. When the crime is not produced by reason of the inherent impossibility of its
accomplishment, it is a frustrated impossible crime.
20. What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel of Russian
registry while the vessel is anchored outside the breakwaters of the Manila Bay?
a) Philippine court
b) Russian court
c) Indonesian court
d) Any court that first asserts jurisdiction over the case
ESSAY – Answer in ALAC Method (Answer to the question, Legal Basis, Analysis, Conclusion)
21. Harry wanted to get back at Steve for a prank the latter had played on him. In order to do this, Harry laced
Steve’s coffee with ground peanuts he believed to be infected with salmonella bacteria so that Steve would suffer
from diarrhea. Unknown to Harry, the peanuts he used were not actually infected with salmonella bacteria.
However, also unknown to Harry, Steve is severely allergic to peanuts. Immediately upon drinking his coffee,
Steve’s allergy developed, and he was unable to breathe. Before any medical treatment could be administered,
Steve had suffocated to death. Can Harry be held liable for Steve’s death? Why or why not? Explain fully. (10
points)
Answer:
22. Dante is a taxi driver. While driving on EDSA, his taxi was cut-off by a Corvette. Incensed at being cut-off, he
chased the car and at a traffic stop, Dante alighted from his vehicle and kicked the passenger side door. Cedric,
the driver of the Corvette, feeling threatened, got his airsoft rifle from the backseat and pointed it at Dante. Nonong,
witnessed the altercation and alighted from his vehicle with his licensed firearm. He shouted at Dante and Cedric
to break it up. Having heard Nonong, and scared off by Cedric’s rifle, which he thought was real, Dante had started
to return to his vehicle. Cedric, was however emboldened and, knowing that getting hit by an airsoft gun is not fatal,
was about to shoot Dante in order to teach him a lesson. However, Nonong, seeing the same, fired at Cedric and
hit him on his chest, killing him instantly. Nonong is now charged with homicide for Cedric’ death. Is he criminally
liable? Decide with reasons. (10 points)
Answer:
23. Seven-month pregnant Lory was driving along C5 highway when she was t-boned by a container van. She was
immediately brought to the nearest hospital. Because of the said dire situation, Dr. Chase, who was in charge of
Lory, has to make a decision, that is to save only one life, either Lory or the baby that she is carrying. Dr. Chase
chose to save the life of Lory. Because of that, the fetus died. Prosecuted for abortion, Dr. Chase invoked the
doctrine of state of necessity. Is Dr. Chase liable for abortion? Explain. (5 points)
Answer:
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24. Dido, Dick, Dowi, and Ritch were recently laid off for no reason from their jobs as drivers and household help
of Sunny. Furious, they all hatched a plan to rob the house of Sunny as retaliation. Their plan was Ritchey will be
the lookout outside the house, Dowi will rob the first floor, while Dido and Dick will loot the 2nd floor.
During their heist, Dick saw Peps, the barely legal daughter of their employer hiding in the closet. He then tied the
hands of Peps, tore down her clothes, and raped her. During the said act, Dowi checked on Dick and asked if he
will take long with Peps as they are about to leave. Dick answered “Wait lang pare, mga 15 siguro, matagal na
akong gigil dito kay Peps eh!” Unbeknownst to them, a call for help was already made 30 minutes ago by Peps
during her hiding. All of them were arrested and charged with the crime of robbery with rape.
1. Is the charge correct?
2. What is/are the liabilities of Dido, Dick, Dowi, and Ritch? Explain. (10 points)
Answer:
25. Married for 30 years, Miko and Peach’s marriage is facing some problems. Miko suspects that Peach is having
an affair. His suspicion stems from a single cryptic message from a man he read on Peach’s cellphone. Because
of this, Miko is acting crazy and irrational towards Peach. Every time Peach asks what his problem is, he says
nothing.
A day before their 31st wedding anniversary, Miko told Peach that he’ll be gone the whole day to play golf with his
buddies in Cavite. However, his game was cut short due to heavy rain. Consequently, he went home earlier than
expected. When Miko arrived at their home, he chanced upon Peach having sex on their couch with Alfie, one of
his golfing buddies. Face red in anger, Miko’s vision dimmed. Miko then took one of his titanium driving golf club
and swung it towards the head of Alfie which caused it to bleed profusely. In retaliation, Alfie reached for his gun
in his sling bag and fired three (3) shots at Miko’s chest which caused the latter’s instantaneous death.
Subsequently, Alfie was charged with the crime of homicide. He is now raising self-defense. Will Alfie’s defense
prosper? Explain. (10 points)
Answer:
26. Person A fired his gun at B, but it was C (the companion of B) who was hit at the back. C did not die due to
timely medical attendance. What is the criminal liability of Person A as to C? Reason out.
Answer:
27. A, B, C, D, and E are fraternity members. They recruited X, a freshman law student. A, B, C, D, E, and X went
to a resort in Palawan. At the resort, A, B, C, D, and E performed the initiation of X by boxing and kicking X. While
A, B, C, D, and E are boxing and kicking X, F and G, who are likewise members of the same fraternity, are watching.
A day after, X died. The fiscal charged A, B, C, D, E, F, and G for the crime of homicide.
1. As a judge, how will you rule?
2. What if the charge is a violation of the Anti-Hazing law, will your ruling be the same?
3. In your answer, determine the persons liable and the nature of their liability. (10 points)
Answer:
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