 FINAL EXAMINATIONS

 CRIMINAL LAW BOOK 1

Prepared by: Atty. Primrose Pacenio Kong
Date:
Instructions: Encircle the letter of the best answer. Read
and analyze carefully before answering SCORES MINUS
ERASURES.

1.Can a person be criminally liable even without the

intention to do the act?
a. No. The intention is material to convict a person
b. Yes, because intention is presumed under the law
c. No. There must be the element of intention to convict a
person
d.Yes, because culpa is punishable under the law

2. Can there be a frustrated impossible crime?

a. Yes. When the crime is not produced by reason of the
inherent impossibility of its accomplishment, it is a
frustrated impossible crime.
b. No. There can be no frustrated impossible crime
because the means employed to accomplish the crime
are inadequate or ineffectual.
c. Yes. There can be a frustrated impossible crime when
the act performed would be an offense against persons
d. No. There can be no frustrated impossible because the
offender has already performed the acts for the execution
of the crime.

3.There is a weekly activity in Sitio Kweba that mandates

all the residents to gather and give an offer to their
religious leader. Every week, there will be an assigned
family to offer any kind of meat animals, otherwise, the
family will be punished if there is none. Pamilya Kwela
was not able to offer the previous week, so they were
arrested. They argued and called the law invalid. Is the
claim valid?
a. No, they already know that it is the law so they must
follow and obey it.
b. Yes, they cannot be arrested because it is a kind of
common law crime
C. No, a traditional practice and culture becomes a valid
law
d. Yes, they cannot be arrested because there was no
crime at all

4. A and B are roommates. B informed A that he would

attend a party outside. The latter told the former that
since robbery is rampant these days, he must call out his
name when he arrives so that the latter will know if he is
the one to enter the room. At two o'clock of dawn, B went
home, however, he did not call out A's name, instead, he
decided to prank his roommate. After a few warnings
made by A, B did not let himself known, so the former
stabbed him which caused his death. Is A liable?
a. No, he is not because it is B's fault. He pranked A to
make fun of the latter.
b.No, he is not because there was no criminal intent on
his part. A was performing a lawful act of self-defense.
c. No, he is not because pranks are acts that are unlawful
under the law.
d. he is not because there was no criminal intent on his
part. A was performing an exempting act.

5.What offenses are not considered inherently evil, but

are crimes because there is a law proscribing them?
a.Mala in se offenses
b.Mala prohibita offenses
c.Misdemeanors

The General Rule is that light felonies are punishable only

when they have been consummated. One of the following
is an exception. .
a If committed against the law of the nation
b. If committed against public order
c.If committed against persons or property
d.None of the Above

7. The accused fired at the room of the supposed victim.

However, no one was in the room when the accused fired
the shots. No one was hit by the gunfire. He was later
charged with attempted murder. Is the charge valid?
a Yes, because he attempted to kill the victim
b. No, because the charge should be damage to property
c.No, there was a factual impossibility of the crime
d.Yes, because he has the intent to kill although not
successful

8. A man committed the crime of rape on May 29, 2013.

Suppose, later on, congress passes a law eradicating the
death penalty effective on January 1, 2017, will the
accused be given the death penalty when afterward he is
convicted?
a.No, because it is an ex post facto law and it is
unconstitutional.
b.Yes, because the law is valid and it must be itreversible.
c.No because it is not favorable to the accused.
d. Yes, because it was the penalty during the commission
of the crime.
In the preceding number, suppose the law says that those
who previously committed rape crimes should also be
subjected to the new law, is it allowed?
a. No, because it is an ex post facto law
b. Yes, because the law is valid
c.No, because it is not favorable to the accused
d. Yes, because he is a criminal

10. With intent to cause damage, AAA deliberately set

fire upon the two-storey residential house of his
employer, mostly made of wooden materials. The blaze
spread and gutted down seven neighboring houses. On
the occasion of the fire, six (6) persons sustained burn
injuries which were the direct cause of their death. Was
there a complex crime committed?
a Yes, there was a complex crime because there were
many victims involved
b.No, different crimes resulted so there are separate
crimes committed
c.No, the resulting felonies are different cothitre
d. Yes, there were complex crimes because there were
two or more crimes that resulted

If the Philippines has a treaty with another country

exempting their nationalities from the operation of our
penal laws, that should
be respected. True or False?
a.True, it should be respected to avoid conflicts with
another country
b.False, it is an invalid law and thus, should not be
respected
c.True, by virtue of treaties or treaty stipulation, it is an
exception to the principle of Generality
d.False, it is an invalid law and cannot be applied in our
country

The Chief of police and his subordinate were executing a

warrant of arrest for a notorious criminal. Bringing the
warrant of arrest, they went to the house where the
person subject of the arrest was. Upon reaching the
house, they saw a person sleeping lying on his side, with
his back fronting them. Now believing that that person
was the subject of the arrest and considering that the
person was a notorious criminal, they immediately fired
their gun at him. It so happened that it was not the
person they were looking for.
They were charged with murder. Are they liable?
a.No, because they were merely doing their job
b.Yes, because they have the criminal intent
c.No, because the person is a criminal
d.Yes, because they planned to kill

In the preceding number, supposed, the policemen

argued that they can only be held liable for reckless
imprudence resulting to homicide but not murder. Are
they correct?
a.No, the act done by them is not a culpa
b.Yes, because they lack of foresight
c.No, the acted upon their conscience
d. Yes, because they lack of skill

14. RA-NO. 75 was enacted pursuant to the agreement of

America and the Philippines on Immunity from suit in
favor of the Diplomats and their servants. The law
mandates that foreign diplomatic representatives
including their domestic servants cannot be arrested
if they commit a crime. Is the law valid?
a.No, because it cannot be allowed in our constitution
b.Yes, because the law was enacted in line with the treaty
stipulations
c.No, because private crimes cannot be immune from
suil
d. Yes, because the law was enacted in line with
international laws

In defense of self, the following circumstances must

concur:
a. Unlawful aggression, reasonable necessity of the
means used to prevent or repel it, and sufficient
provocation on the part of the person defending himself
b. Unlawful aggression, reasonable necessity of the
means used for resentment and revenge, and lack of
sufficient provocation on the part of the person defending
himself
c.Unlawful aggression, reasonable necessity of the means
used to prevent or repel it, and lack of sufficient
provocation on the part of the person defending himself
d. Unlawful aggression, reasonable necessity of the
means used to prevent or repel it, and lack of sufficient
provocation on the part of the person defended

16 A stage in the execution of felonies when all the

elements necessary for its execution and accomplishment
are present.
a.Consummated b. Frustrated
c.Attempted d. None of the Above

17. This Stage in the execution of felonies has the

following elements: a. offender performs all acts of
execution; b. All the acts would produce the felony as a
consequence; e. But the felony is not produced; d. By
reason of causes independent of the will of the
perpetrator.
a. Consummated b. Frustrated
c. Attempted c. None of the Above

18. Arman is married in the Philippines but he has

another wife in Japan. Can he be charged with
concubinage?
a.Yes, because he is committing a crime of infidelity to
his wife
b. No, he must be in charge of bigamous marriages in
Dubai
c.Yes, because he is violating the Revised Penal Code of
the Philippines
d . No he cannot be charge with a crime not committed in
the Philippines

Light Felonies are punishable by

a. 1 day to 30 days
b. 1 month and 1 day to 6 months
c.6 months and 1 day to 6 years
d. 6 years and 1 day to 12 years

20 Which of the following do not admit of frustrated and

attempted stages?
a.Offenses punishable by special penal laws
b. Forutal Crimes
c.Impossible Crimes
d.All of the Above
This Stage in the execution of felonies has the following
elements: a. Offender commences the felony directly by
overt acts b. Does not perform all acts which would
produce the felony c. His acts are not stopped by his own
spontaneous desistance. a.
a.Consummated
b.Frustrated
c.Attempted
d.None of the Above

22. Under the RPC, afflictive penalties are imposed for a

a.Grave Felonies
b.Less Grave Felonies
c.Light Felonies
d. None of the Above

23. Ja the stages of execution of felonies, the element

that all acts of execution are present, must be present in:
a.Attempted and Frustrated
b.Attempted and Consummated
c.Frustrated and Consummated
d. Frustrated and Attempted

24 To be considered as a mitigating circumstance, The

physical defect manner of committing a crime. Truc or
False? t of the accused must be in connection with or
related to the
a.True
b.False.
c. Neither
d. It depends
25 Person has decided to commit a felony and proposes
its execution to some other person.
a.Conspiracy to commit a felony
b.Proposal to commit a felony
c.Agreement to commit a felony
d. None of the Above
26. Which is a crime of conspiracy?
a.A, B, C, and D conspired to help the alleged rebels
b.A, B, and C conspired to kill X. They agreed to wait in
ambush for X in a dark portion of the street where he
usually passesby.
c.A, B, C, D, and E conspired to overthrow the
government
d.A, B, and C conspired to kill ID, a member of the Armed
Forces of the Philippines

27. There are two kinds of Mitigating circumstances; the

Ordinary and the Privileged mitigating. True of False?
a. It depends
b.False
c.True
d.Neither

28. Under the RPC, Correctional penalties are imposed for

a
a.Grave Felonies
b.Less Grave Felonies
c. Light Felonies
d. None of the Above

29. XX, threatened you and said "Kill your father

otherwise I will burn your house". So, you killed your
father out of uncontrollable
fear. Are you exempt from criminal liability?
a.No, because the act threatened or the fear is not equal
to or greater than the crime committed
b.Yes, because there was an actual fear which is
uncontrollable
c. No, because the threat was controllable and
manageable
d. Yes, because the threat was imminent and immediate
In an attempted felony, the offender's preparatory net

B30.

a. itself constitutes an offense.

b. must seem connected to the intended crime.
c. must not be connected to the intended crime.
d. requires another act to result in a felony

31 Can there be a frustrated impossible crime?

a. Yes. When the crime is not produced by reason of the

inherent impossibility of its accomplishment, it is a
frustrated impossible
crime
b. No. There can be no frustrated impossible crime
because the means employed to accomplish the crime is
inadequate or ineffectual.
c.Yes. There can be a frustrated impossible crime when
the act performed would be an offense against persons.
d.No, There can be no frustrated impossible because the
offender has already performed the acts for the execution
of the crime.

32. When are light felonies punishable?

 a. Light felonies are punishable in all stages
of execution.
b. Light felonies are punishable only when
consummated.
c.Light felonies are punishable only when consummated,
with the exception of those committed against persons or
property.
d.Light felonies are punishable only when committed
against persons or property.

Chris Brown was convicted of a complex crime of direct

assault with homicide aggravated by the commission of
the crime in a place where public authorities are engaged
in the discharge of their duties. The penalty for homicide
is reclusion temporal. On the other hand, the penalty for
direct assault is prision correccional in its medium and
maximunı periods. What is the penalty to be
imposed by the court?

a. The penalty for the most serious crime shall be i

imposed, the same to be applied in its maximum period.
b. The penalty for the lower crimes shall be imposed in
favor of the accused
c. The penalty for the most serious crime shall be
imposed, the same to be applied in its maximum The
penalty that is always favorable to the accused shall be
imposed
Crimes that have three stages of execution.
a.Seasonal crimes
b.Material crimes
c.Formal crimes
d. Continuing crimes
It is a circumstance where one acts upon a lawful order
issued by his superior.
a.Exempting circumstance
b.Justifying circumstance
c.Mitigating circumstance
d.Alternative circumstance

36. with intent to kill, shot Y. If Y sustained a non-fatal

wound near the shoulder, is X liable for frustrated
Homicide?
a.No, the location and mortality of the wound is
considered for a frustrated stage
b. Yes, although the wound is not fatal, he intentionally
shot the victim
c.No, because all the acts of execution were not
performed
d. Yes, he deliberately planned to kill the victim although
the crime was not produced

37 In the preceding number, If Y sustained a fatal wound

on the chest that could have caused his death were it not
for the immediate medical operation performed on him,
the crime committed is Frustrated Homicide. True or
false?
a.False, because in the frustrated stage, the crime must
be produced, hence, the victim should have been killed
b.True, because when X inflicted a fatal gunshot wound
on Y. homicide, however, homicide is not produced by
reason of a cause independent of the will of the
perpetrator X had already performed all the acts of
execution to bring about
c. False, because when X inflicted a gunshot wound on Y,
and later rushed to the hospital for an operation, he did
not perform all the acts of execution
d. True, because the wound is fatal which is a factor to
consider in order to be held liable in the frustrated stage

3A, in a public place, fired his gun at B with the intention

of killing B, but the gun did not fire because the bullet is a
dud. The crime
a.attempted homicide
b. grave threat
c. impossible crime
d. illegal discharge of firearms

39 How many years of imprisonment is prision

correctional?
a. 6 months up to 12 months
b. 6 months and 1 day up to 6 years and 1 day
c.6 months up to 6 years
d.6 months and 1 day up to 6 years

40 . Proposal is true only up to the point where the party

to whom the proposal was made has not yet accepted the
proposal. Once the proposal was accepted, a conspiracy
arises.
a.False b. True
c.It depends d. None of the above

A Chinese plenipotentiary assigned here in the

Philippines, went to a club and got drunk. After a fight
with another customer, he
killed the latter. He was only sent home and was not
charged with any crime. Is it valid or not?
a. Yes, because a treaty exists exempting diplomat
officials from criminal liability in the Philippines
b. No, he must be charged because he has the intention
to kill the victim
c.Yes, because Chinese are protected by the law of
preferential applications
d.No, only the Ambassadors, ministers, ministers'
plenipotentiary, minister residents and charge de affairs
and heads of the state
are immune from suit

42) RA. No. 75 is an existing law of the Philippines

providing immunity from suits who committed a felony in
the performance of their duties in favor of Diplomats and
Heads of the State and their domestic servants. Will GG,
driver of US Ambassador, be held liable
if he hit and bumped a young boy, using the embassy-
issued car?
a.Yes, because he is not a diplomat or Head of the state
b.No, because he did not intend to cause injury while on
duty
c.Yes, because he was driving recklessly
d. No, because he is entitled to the immunity of suit

Arman is married in the Philippines but he has another

wife in Dubai who is also a Filipino. Can he be charged
with concubinage?
a. Yes, because he is committing a crime of infidelity to
his wife
b. No, he must be in charge of bigamous marriages in
Dubai

In the preceding number, supposed, Arman just had an

annulment case against his here to the Philippines. Can
he be liable under the Philippines' laws? wife approved,
bring his new wife from Dubai

Yes, because he is violating the Revised Penal Code of

the Philippines No, he cannot be charged with a crime not
committed in the Philippine
a. No, because his first marriage was already null and
void.
b. Yes, because he is married, and having another wife is
a crime
c.No, because his second marriage, although a crime,
was committed in Dubai
d.Yes, because he has already committed a crime in the
Philippines

45. Which of the following is not an exception to the

Territoriality principle?
a.Public International Law
b.Treaty stipulations
c.UN Convention on Law of the Seas
d.None of the above

46. X was charged with the crime of frustrated homicide,

however, the prosecution failed to present evidence
showing intent to kill on the part of the accused. What
would happen to the case?
a. The accused must be acquitted because there was no
intent to kill
b.The accused must not be convicted because the
specific intent was not established
c.. The accused must not be convicted because there was
no intent to kill, so it is not homicide
d.The accused must be acquitted because it is unfair to
convict him

47. A and B decided to have a fishing, so they went to

the sea to fish. The authorities arrested them for illegal
fishing without first securing a permit. In their defense,
they argue that they don't know that there is an existing
law that prohibits fishing without a
permit. Is the defense valid?
a.No. Ignorance of the law excuses no one.
b. No. They did the act in bad faith.
c. No. A lack of knowledge about the law is not
considered.
d. No. Although they have no intention, they are ignorant
of the law.

48.Can a person be criminally liable even without the

intention to do the act?
a. No. The intention is material to convict a person
b. Yes, because intention is presumed under the law
c. No. There must be the element of intention to convict a
person
d. Yes, because culpa is punishable under the law

49 .The situation generalist the atended victim and the

consequences on the unintended victim. tase or less
grave felonies result is
a.Complex crimes
b. Aberatio Ictus
c.Impossible crimes
d.Praeter Intentionem

50.Which of the following constitutes a dolo?

a.Lucas took the cell phone of a stranger who passed by
b.Lucas boxed the face of his classmate who pushed him
down the stairs
c. Lucas pulled the trigger of the gun towards the tree
due to his anger
d. Luoas kieked his neighbor who suddenly entered their
house

51. W, X, and Y agreed to rob. Their agreement was only

to rob Z. But when they entered the room of Z, Y was
tempted to rapo her.
They were charged with robbery with rape. Are all of
them liable?
a.Yes. Even if the crime of rape is not connected to the
crime of robbery, they are liable because they form a
quadrille
b.No. The other crime committed during the occasion or
by reason of the crime which was agreed upon is not
logically connected
c. Yes. Even if the crime of rape is not connected to the
crime of robbery, one of them must have prevented the
commission of
the crime not agreed upon
d. No. The conspirators are only liable for the crime they
have agreed to act upon.

52 . Brad is on vacation leave for Palawan. While he was

on the airport and the port officers were checking his bag,
he uttered the words "Hala naa nay bomba diha". It was
just a joke and did not intend to cause alarm. However,
the authorities arrested him. He argued that it was not his
intention to cause panic, he did not bring a bomb or any
weapon. Is his defense valid?
a. No, because he has caused alarms with his words
although it was a joke
b.Yes, because there was no criminal intent on his part to
cause alarms
c. No, because it is an offense punishable by special law
and the intent is immaterial
d.Yes, the criminal intent must be established, otherwise,
he cannot be held liable

5. X was stabbed by his brother, Y, in the stomach and

the former's intestines were hit after the latter had
waited for the former to pass by in a dark alley of road.
Had it not been for timely medical assistance and the
expertise of the doctor X would have died. Y
is liable for the crime of
a.Frustrated homicide
b.Frustrated murder
c.Frustrated serious physical injuries
d. Frustrated parricide

Which is not a common crime among Law of nations?

a. Piracy on the high seas
b. Terrorism in the Middle East
c.Human Trafficking worldwide
d.All of the above

(55) Can the convicted person avail of the new law

enacted although it is an injustice to the victim?
a. No because the always protects the oppressed and the
victims
b. Yes because the law always favors the accused
c.No because it violates the constitution
d.Yes because the law is prospective
Can a law be passed mitigating penalties of a crime?
a. No, because it is a kind of ex post facto law
b.Yes, but it should be prospective in application
c. No, because it is a bill of attainder
d. Yes, and it could be retroactive in application

Is motive of the accused an important factor to establish

the intent?
a.Yes, a crime cannot be solved if the motive of the
accused cannot be known
b. No, it is not necessary to establish a specific intent
c.Yes, the progress of a crime will not pursue the police
will not discover the motive

58 Affin is driving a car while using a mobile phone due to

an emergency call He suddenly bumped into the back of
the car in front
of him. Can he be liable under the law?
A. No. Accidents happen always
B.Yes. He lacks of foresight
C.No. He lacks the intention
D. Yes. He caused damage

59. It is a nature of a crime which in its commission, the

intent is an element and good faith is a defense
A.Mala prohibitum
B.Mala prohibita
C.Mala in se
D.Mala in sum

60. For a person to be criminally liable, his freedom must

be free from
a. Uncontrollable force and irresistible fear
b.Uncontrollable fear and irresistible force
c.Uncontrollable fact and irresistible fraud
d. Uncontrollable force and irresistible fact

Actus me invito factus non est meus actus, means:

a. An act with force is in fact not my act
b. An act that invites crime is with intent
c.An act done by me against my will,
is not my act
d.An act done against me is not my act

Is the motive helpful in the establishment of criminal

intent when the accused alleged self-defense in the crime
committed?

a. Yes, because it will determine the root cause of the

crime
b. No, because self-defense is a contradicting stand
against motive
c. Yes, because motive will still prevail against a defense
of self-defense
d.No because self-defense will now be the basis of
establishing criminal intent

62 DD, intending to kill EE, peppered the latter's bedroom

with bullets, but since the intended victim was not home
at that time, no harm came to him. What crime is
committed?
a.DD committed the crime of attempted murder.
b. DD committed the crime of attempted homicide.
c. DD committed the crime of impossible crime.
d. DD committed the crime of malicious mischief.
64. At are best friends. They wanted to become rich, so A
told B to forge the Philippine money. B, did not agree but
he was the one who later sold the fake bills. Can they be
liable for the charge under par. 2, Article 2, RPC?
a.Yes, because they have forged the Philippine bills
which is punishable under the said provision
b. No, because the act of forging and selling does not
qualify the crime in paragraph 3
c.Yes, because the fact that the forged money is being
sold constitutes an introduction in the Philippines
d. No, because the acts done by them do not qualify as a
crime

65. A Chinese-owned aircraft vessel whose registration is

still unknown, while traversing in the skies around the
Pacific Ocean, was hijacked by a terrorist. The
international law was applied in the said case. Is it valid?
a. No, because the aircraft is owned by a Chinese,
therefore it is presumed to be registered in China
b. Yes, because the act of terrorism is a crime against the
Law of nations
c.No, because the aircraft's ownership and flagship are in
conflict
d.Yes, because the international I law is applicable when
there is doubt as to the registration

Lora is so in love with Logan. But Logan loves Lorna. The

former cannot accept the fact so she pays to kidnap
Logan and Lorna The paid criminals were attempting to
rape Lorna in front of Logan. To protect Lorna, Logan
fights for the gun and acquires it. He then shot the two
criminals to death. Is Logan criminally liable?
a. Yes, because the act done by him cannot justify the
killing
b. No, because he did the right thing by killing the
criminals
c.Yes, because the act done was with the intent to kill
d.No, because he did the act to defend a stranger

67. In establishing Dolo, the intelligence must be proven

to be
a. Partially impaired
b. Lacking with a conscience
c.Completely present
d.Totally absent

The accused inflicted physical injuries on the victim by

hacking the arm of the latter with a bolo. The victim
deliberately immersed his body in contaminated water so
he could escape. He got infected. Later, his wounds
became serious which caused his death. Is
the accused liable for murder?
a.No, the accused has no intention to kill the victim but
only to injure
b.Yes, he is the cause of the evil cause of the death of the
victim
c.No, there was an active intervening force which caused
the death
d.Yes, the act of hacking was a felonious act so the
accused is liable for the result

In the scenario above, supposed, the victim did not die

but only acquired infected and serious wounds. Can the
accused be liable for serious physical injuries?

a. No. The accused can't be liable for serious injuries but

only for slight physical injuries.
b. No. The accused can't be liable for serious injuries but
for attempted murder
c. No. The accused can't be liable for serious injuries but
only for less serious physical injuries
d. No. The accused can't be liable for scrious injuries but
for attempted homicide

Lala was sleeping in her room when Largo entered

without her consent. The latter did then and there,
deliberately and intentionally touch Lala's private parts.
Afterward, he then took off Lala's dress and took his
pants off. He went over the top of Lala's body but the
latter woke up and hit the former head by a flower vase
beside her. She shouted for help and was rescued. The
accused got head
injuries. Can Largo be charged with the crime of
consummated Acts of Lasciviousness?
A.Yes, it is a consummated Acts of Lasciviousness when
the accused satisfied himself in touching the victim's
private body parts.
B. No, it is an attempted Sexual harassment because,
after the touching, the accused tried to want ome more
C. Yes, it is a crime of Acts of Lasciviousness when the
accused already done his purpose of touching the victim's
private body parts
D. it is an attempted Rape because his overt acts
constitute the crime

7. In the preceding number, what would be the proper

charge if the victim woke up right after the accused have
touched her private body parts?
a. Attempted Rape b.Rape by sexual assault
c. Acts of Lasciviousness
d. Attempted Sexual Harassment
72 The following must be considered to know that there is
an intent, except:
a. Manner of committing the crime
b. Means employed in committing the crime
c.Location of the wounds of the victim
d.None of the above

73. XX is carrying a knife and chased the YY. Due to fear,

the YY ran away. When latter saw the former nearing him,
he jumped into the sea but he doesn't know how to swim.
YY was drowned in the water and died. Is XX liable for the
death of YY?
a.Yes, the unintended felony is the direct, natural and
logical consequence of the intended felonious act
b. No, the intended felony was not the proximate cause of
the death of the victim
C .Yes, the unintended felony is related to the crime
intended
d. No, the intended felony was not the cause of the evil
cause

74 Under which of the following circumstances is an

accused not liable for the result not intended?
a. b Accused is not criminally liable for the result not
intended when there is mistake in the identity of the
victim.
b.Accused is not criminally liable for the result not
intended when there is mistake in the blow
c. Accused is not criminally liable for the result not
intended when the wrongful act is not the proximate
cause of the resulting injury.
d. Accused-is not criminally liable for the result not
intended when there is mistake of fact constituting an
involuntary act.

75 Felonies are classified according to manner or mode of

execution into felonies committed by means of deceit
(dolo) and by means of fault (culpa). Which of the
following causes may not give rise to culpable felonies?
a.Imprudence. b.Malice,
c. Negligence; d. Lack of foresight.

76, pretending to be an actor, staged a robbery in a

jeepney. B, one of the passengers, out of fear, jumped off
the jeepney but she hit

her head first on the concrete and died. Is A liable for the
death of B? a

) Yes, had it not for the reason of robbery, B will not jump
off the jeepney No, the robbery and the death of the
victim is not connected in the circumstance

c. Yes, the fear of the victim made her jumped off the
jeepney

d. No there was no proximate cause to speak

77. X saw Y, his enemy, sleeping on a bamboo bed

outside the latter's house. He then stabbed Y. But it was
discovered that Y died
already two hours ahead of the stabbing. What crime is
committed?
a.Murder. X have been planning to kill Y all along but the
means employed was ineffectual
b.Attempted Homicide. X has the intention to kill Y but
has not successfully done it because the means were
ineffectual
c.Impossible crime. The means employed were ineffectual
because of inherent impossibility
d. Attempted murder. X has all the motive and intention
to kill but it was not done successfully because of
ineffective means

Is the accused allowed to be absent during Arraignment?

a.Yes, because he can waive his right to be present in this
trial hearing
b. No. Arraigument is a trial hearing which the accused
must be present
c. Yes, the accused can be absent during this trial
hearing.
d. No. Arraignment is very important, otherwise waived.

What is the Doctrine of Pro Reo?

a. An interpretation which is favorable to the accused will
be adopted, when a circumstance is capable of two or
group of
interpretations
b. An interpretation which is favorable to the accused will
be adopted, when a circumstance is capable of two or
more An interpretation which is favorable to the accused
will be adopted, when a circumstance has a vague and
wide interpretations.
d. An interpretation which is favorable to the accused will
be adopted, when a circumstance is capable of even one,
or two confusing interpretations
There is treachery when the victim doesn't have the
opportunity to defend himself. True or false.
a.Truc b.False c. It depends d. Neither

81 Alas was cleaning his licensed firearm. Upon finishing,

he wanted to test out his gun. He searched for a target,
and he saw a cat pass by the walls of his neighbor's
property. With deliberate intention, he then fired the gun
at the cat. Unfortunately, the cat jumped and the bullet
hit his neighbor on the other side of the wall. What proper
charge/s could be filed against Alas?
a. Malicious mischief with homicide
b.Homicide with malicious mischief
c.Reckless imprudence resulting to homicide
d.Consummated homicide

87. Defense of self, defense or a relative and defense of a

stranger has all the same elements provided under the
all. True or False.
a.True as to the first two elements
b.False as to the first two elements
c. True only as to the first element
d. False as to the second and third elements

83. Is the use of poison, an aggravating circumstance?

a.Yes, if the victim does not die, it will be an aggravating
circumstance
b.No, if the victim dies, it will be absorbed in the crime of
murder
c.Yes, if the victim dies, it will aggravate the crime
d.No, if the victim dies, it will not be considered as
circumstance
84. sanity and imbecility are mental conditions that are
exempting circumstances, while mere mental illness is a
mitigating circumstance. True or False?
a.It depends b.True c.False d. Maybe

85. Incomplete elements under the Justifying

circumstances and exempting circumstances will make
one criminally liable but can claim mitigating
circumstances. True or false?
a. True b. False c. Maybe d. I don't know

"ORA ET LABORA"

(Prayers and Work)