1. Criminal Law applies to all persons who commit felonies in Philippine territory.

The exceptions to this rule are, except:

Answer: d. by habitual delinquency
Rationale: Habitual delinquency refers to a person who has been convicted of crimes
specified under the law, but it is not an exception to the general rule of criminal
law applying to all persons.

2. Criminal law applies prospectively and not retroactively unless its provisions
are favorable to the accused who is not a habitual delinquent. This statement is -
Answer: a. True
Rationale: Criminal law generally does not apply retroactively, except when it is
favorable to the accused, as stated in the rule of lex mitior.

3. In criminal law, when the act of the accused is in accordance with law, hence,
he incurs no criminal liability. Since there is no crime, there is no criminal.
This is
Answer: a. Justifying circumstance
Rationale: A justifying circumstance occurs when the act is lawful and there is no
criminal liability.

4. __ is the reason why a person commits a crime. Intent is the purpose of using a
particular means to achieve an objective.
Answer: c. Motive
Rationale: Motive is the reason behind committing a crime, while intent refers to
the actual purpose or goal of committing the crime.

5. When the accused claims that he acted in self-defense, motive is a determinant

of criminal liability. This
Answer: b. False
Rationale: In self-defense, motive is not relevant to determining criminal
liability, only the facts of the defense itself matter.

6. Error in personae or mistake in identity occurs when the offender hits or

injures another person and not the victim intended. In this case, the penalty for
the lesser offense is imposed -
Answer: b. in the maximum period
Rationale: The penalty for the lesser offense is imposed in its maximum period when
a mistake in identity is made.

7. Crimes mala in se are punishable under the Revised Penal Code while crimes mala
prohibita are punished under special laws. This statement is -
Answer: a. absolutely true
Rationale: Crimes mala in se are inherently evil and are punishable under the
Revised Penal Code, while mala prohibita offenses are prohibited by special laws.

8. The basis of criminal liability in mala in se is ______ while the basis of

crimes mala prohibita is ______.
Answer: a. voluntariness; none of these
Rationale: In crimes mala in se, the basis is the voluntariness of the act, whereas
in mala prohibita, the mere commission of the prohibited act is enough, without
needing to prove intent.

9. The stages of execution affect the penalty imposable in crimes mala in se; there
are no stages of execution in crimes mala prohibita. This statement is -
Answer: b. Generally correct
Rationale: This statement reflects the principle that for crimes mala in se, the
stages of execution (attempted, frustrated, consummated) determine the penalty, but
this is not applicable to crimes mala prohibita.
10. When is the benefit of the Indeterminate Sentence Law not applicable? The
Indeterminate Sentence Law does not apply to -
Answer: d. all of these
Rationale: The Indeterminate Sentence Law does not apply to persons convicted of
offenses punishable by death, life imprisonment, or habitual delinquents.

11. ______ is constructed when a single act causes two or more grave or less grave
felonies or when an offense is committed as a necessary means to commit another
offense (Art. 48, RPC.)
Answer: a. Complex crime
Rationale: A complex crime occurs when a single act results in multiple offenses or
when one crime is committed as a necessary means to another.

12. Instigation takes place when a peace officer induces a person to commit a
crime. This statement is
Answer: b. False, this is a case of entrapment
Rationale: Instigation involves actively encouraging someone to commit a crime,
while entrapment involves law enforcement officers creating a situation to catch a
criminal.

13. Reclusion Perpetua is a penalty prescribed under the RPC while life
imprisonment is a penalty under the special laws; Reclusion Perpetua has accessory
penalties. Life imprisonment has no accessory penalties; In Reclusion Perpetua, the
accused is entitled to parole after serving 30 years imprisonment. Life
imprisonment has no fixed duration. This statement is -
Answer: b. True, as they are correctly distinguished
Rationale: Reclusion perpetua includes parole eligibility after 30 years, whereas
life imprisonment has no fixed duration and no provision for parole.

14. A circumstance which shows the lesser perversity of the offender and which will
result in the imposition of the minimum period of the penalty prescribed in the
law. Which of the following is being defined?
Answer: c. Mitigating circumstance
Rationale: A mitigating circumstance reduces the penalty imposed on the offender.

15. A generic aggravating circumstance can be offset by a mitigating circumstance;

a qualifying aggravating circumstance cannot be offset by a mitigating
circumstance. This statement is -
Answer: a. Correct
Rationale: Generic aggravating circumstances can be mitigated, while qualifying
aggravating circumstances affect the nature of the crime and cannot be offset.

16. A single indivisible offense is composed of two or more crimes but in the eyes
of the law, the offender incurs only one criminal liability. Examples: robbery with
Homicide, Rape with Homicide, Kidnapping with Homicide.
Answer: a. Special complex crime
Rationale: Special complex crimes combine multiple offenses but result in a single
criminal liability.

17. The crime is called Delito compuesto (Compound crime) when a single act causes:
Answer: a. Two or more felonies combined with offenses
Rationale: Compound crimes involve the commission of multiple crimes as part of a
single act.

18. Complex crimes or delito continuado or continuous crimes mandate that only one
information should be filed against the offender, the term "continuing crime" is
more pertinently used with reference to the -
Answer: d. Time of the commission of the crime
Rationale: Continuing crimes are typically based on the time period over which the
criminal act occurs.

19. In rebellion, there is public uprising and taking up arms against the
Government. In coup d’etat, public is not necessary. The essence of the crime is
Answer: a. swift attack, accompanied by violence, intimidation, threat, strategy or
stealth
Rationale: Coup d'état is characterized by swift, violent action against the
government, often without public involvement.

20. Which of the following crimes has the purpose of seizing or diminishing state
power?
Answer: a. Rebellion
Rationale: Rebellion involves the intent to overthrow or diminish the authority of
the government.

21. In recidivism, the crimes are embraced in the same title of the revised Penal
code. In habitual delinquency, the crimes are specified, which are crimes against
persons and properties only
Answer: c. serious physical injuries, less serious physical injuries, theft,
robbery, estafa, and falsification
Rationale: Habitual delinquency refers to repeated commission of crimes,
particularly those involving persons or property.

22. In recidivism, no period of time is fixed between the former conviction and the
last offense. In habitual delinquency, conviction of any of the specified crimes
must take place within -
Answer: d. 10 years from the last conviction or release
Rationale: Habitual delinquency requires the commission of a crime within a certain
period, typically 10 years.

23. In impossible crime, the act performed should not constitute another offense,
specifically punished by law. The moment another crime is committed there can be no
impossible crime. The offender is liable for that crime which was committed in the
process. This statement is -
Answer: a. correct
Rationale: Impossible crime refers to an act that does not result in the intended
crime, but if another crime occurs, the offender is liable for that.

24. What is called misappreciation of facts such that the act of the accused would
have been lawful had the facts been as the accused believed them to be?
Answer: a. Honest mistake of fact
Rationale: An honest mistake of fact occurs when the accused mistakenly believes
the facts in a way that would have made the act lawful.

25. Having sexual intercourse with a woman who is already dead but the offender
thought that she was alive. Rape cannot be committed against a dead woman. Rape is
now a crime against persons under RA 8353. It is no longer a crime against chastity
that it used to be under Art. 335 of the Revised Penal Code.
Answer: c. hence, there is now an impossible crime of rape
Rationale: Since rape involves a living person, it cannot occur with a dead
individual, making it an impossible crime.

26. In attempted felony, the offender does not perform all the acts of execution.
In frustrated felony, the offender performs all the acts of execution. In crimes of
violence, if the offender does not inflict a mortal wound, he does not perform all
the acts of execution. Thus, Pedro with intent to kill hacked Juan and the latter
was not hit. Pedro is liable for -
Answer: b. Attempted Homicide
Rationale: Since Pedro did not inflict a mortal wound but had intent to kill, the
charge is attempted homicide.