1)
Is the crime of theft committed by a person
who, with intent to gain, takes a worthless
check belonging to another without the
latters consent?
a.
b.
c.
d.
2)
3)
Yes. All the elements of the crime of theft
are present: that there be taking of
personal property; that the property
belongs to another, and that the taking
be done with intent to gain and without
consent of the owner.
4)
No. The taking of the worthless check,
which has no value, would not amount
to the crime of theft because of the legal
impossibility to commit the intended
crime.
Yes. Theft is committed even if the
worthless check would be subsequently
dishonoured because the taker had
intent to gain from the check at the time
of the taking.
Yes. Theft is committed because the
factual impossibility to gain from the
check was not known to the taker or
beyond his control at the time of the
taking.
What crime is committed by one who
defrauds another by taking undue advantage
of the signature of the offended party in a
blank check and by writing the payee and
amount of the check to the prejudice of the
offended party?
c.
The person who assured he will pay
interest on the amount but failed to do
so as promised
d.
The son who induced his father to buy
from his land which the son is no longer
the owner
AB was driving a van along a highway.
Because of her recklessness, the van hit a car
which had already entered the intersection.
As a result, CD who was driving the car
suffered physical injuries, while damage to
his car amounted to P8,500.00. What is the
proper charge against AB?
a.
AB should be charged with complex
crime of reckless imprudence resulting
in damage to property with slight
physical injuries
b.
AB should be charged with reckless
imprudence resulting in slight physical
injuries
and
reckless
imprudence
resulting in damage to property
c.
AB should be charged with complex
crime of slight physical injuries with
damage to property
d.
AB should be charged with slight
physical
injuries
and
reckless
imprudence resulting in damage to
property
a.
Estafa with unfaithfulness or abuse of
confidence
What crime is committed by one who, having
received money, goods or any other personal
property in trust or on commission, or for
administration, defrauds the offended party
by denying receipt of such money, goods, or
other property?
b.
Estafa by false pretenses
a.
c.
Estafa through fraudulent means
He commits violation of the Trust Receipt
Law
d.
Estafa by other deceits
b.
He commits estafa through fraudulent
means
c.
He commits estafa by false pretenses
d.
He commits estafa with unfaithfulness or
abuse of confidence
5)
Who among the following is liable for estafa?
a.
b.
The seller of a laptop computer who
failed to inform the buyer that the laptop
had a defect
The person who ran away with a
cellphone which was handed to him
upon his pretense that had to make an
emergency call
6)
With intent to kill, GGG burned the house
where F and D were staying. F and D died as
a consequence. What is the proper charge
against GGG?
a.
GGG should be charged with two (2)
counts of murder
b.
GGG should be charged with arson
c.
c.
GGG should be charged with complex
crime of arson with double murder
d.
d.
7)
b.
c.
d.
8)
GGG should be charged with complex
crime of double murder
RR convinced WW to take a job in Taiwan,
assuring her of a good salary and entitlement
to a yearly vacation. WW paid to RR the
processing fee for passport and visa, but no
receipt was issued for the payment. WW was
made to use the alien certificate of
registration of another person with a Chinese
name and instructed how to use the Chinese
name. The application of WW was rejected by
the Taiwanese authorities. Cases were filed
against RR for illegal recruitment and estafa.
The case of illegal recruitment was dismissed.
Is RR liable for estafa?
a.
RR is liable for estafa with unfaithfulness
or abuse of confidence
RR is liable for estafa by means of false
pretenses
RR is not liable for estafa because WW
participated
in
the
illegal
travel
documents
RR can no longer be held liable for estafa
because with the dismissal of the case
against him for illegal recruitment,
double jeopardy has already set in
A entered the house of B. Once inside the
house of B, A took and seized personal
property by compulsion from B with the use
of violence and force upon things, believing
himself to be the owner of the personal
property so seized. What is the criminal
liability of A?
a.
b.
house constituting the dwelling one or
more persons
A is criminally liable for robbery with
violence because he employed violence in
taking of the personal property from B,
robbery characterized by violence being
graver than ordinary robbery committed
with force upon things
A is criminally liable for robbery with
force upon things in an inhabited house
because the act was committed in a
9)
A is criminally liable for grave coercion
because the presumption of intent to
gain is rebutted
A is criminally liable for qualified
trespass
to
dwelling
because
he
employed violence
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
10) Which of the following acts does not
constitute estafa or other forms of swindling?
a.
When a person mortgages a real property
by pretending to be the owner thereof
b.
When a person disposes of the real
property knowing it to be encumbered
c.
When a person wrongfully takes a real
property from its lawful possessor to the
prejudice of the latter
d.
When a person mortgages real property
while being a surety given in a civil
action without express authority from
the court
11) Isabel, is a housemaid, broke into a
pawnshop intent on stealing items of jewelry
in it. She found, however, that the jewelry
were in a locked chest. Unable to open it, she
took the chest out of the shop. What crime
did she commit?
a.
Robbery in an uninhabited place or in a
private building
b.
Theft
c.
Robbery in an inhabited house or public
building
d.
Qualified theft
12) There is violation of Art. 316, RPC (other
forms of swindling) where:
a. The owner of the property sells a
property and subsequently rescinds the
sale
b.
The real property subject of the sale does
not exist
c.
The property was mortgaged
usurious contract of loan
d.
The owner disposes of his encumbered
real property as if it is free from
encumbrances
for
13) In malversation of public funds the offenders
return of the amount malversed has the
following effect
16) X draws a check upon request of Y, the payee,
who told X that he would merely show the
check to his creditor to gain more time to pay
his account. The check bounced upon
presentation by the creditor. Under the
circumstances, who can be prosecuted for
estafa based on the dishonoured check?
a.
Y as the one who negotiated the check
contrary to the agreement
b.
X as the drawer of the check
c.
Both X and Y based on conspiracy
d.
None
17) The crime of robbery in an inhabited house
or public building is mitigated when the
offenders
a.
It is exculpatory
a.
Entered the house using false keys
b.
It is inculpatory, an admission of the
commission of the crime
b.
Although
weapons
c.
The imposable penalty will depend on
what was not returned
c.
Entered through
breaking it
d.
It is mitigating
d.
Although armed took property valued at
only P200
14) A crime resulting from negligence, reckless
imprudence, lack of foresight or lack of skill
is called
a.
Dolo
b.
Culpa
c.
d.
armed
did
not
fire
window
their
without
18) Which among the following circumstances do
NOT qualify the crime of kidnapping?
a.
The victim is killed as a consequence of
the detention
Tortious crimes
b.
The offender is a public officer
Quasi delict
c.
Ransom is demanded
d.
The victim is raped
15) A, B and C agreed to rob a house of its cash.
A and B entered the house while C remained
outside as a lookout. After getting the cash, A
and B decided to set the house on fire to
destroy any evidence of their presence. What
crime or crimes did C commit?
19) Removing,
concealing
or
destroying
documents to defraud another constitutes the
crime of estafa if committed by
a.
Any public officer
a.
Robbery and arson since arson took
place as an incident of the robbery
b.
A public officer officially entrusted with
the document
b.
Robbery and arson since C took no step
to stop the arson
c.
Private individuals who executed the
same
c.
Just for robbery since he only agreed to
it and served as lookout
d.
Accomplice to robbery since his role in
the crime was minimal
d.
Private individuals
20) Dagami concealed Bugnas body and the fact
that he killed him by setting Bugnas house
on fire. What crime or crimes did Dagami
commit?
b.
The check, drawn and issued in the
Philippines, was dishonoured by the
drawee bank in a foreign country
Separate crimes of murder and arson
c.
Arson, the homicide being absorbed
already
The check was presented to the bank for
payment 6 months after date of issue
d.
The drawer of the dishonoured check
paid its value within 5 days from notice
of dishonour
a.
Murder,
already
b.
c.
d.
the
arson
being
absorbed
Arson with murder as a compound crime
21) The three accused forcibly took their victim
from his car but the latter succeeded in
freeing himself from their grip. What crime
did the three accused commit?
25) The improper performance of some act which
might lawfully be done
a.
Misfeasance
a.
Forcible abduction
b.
Malfeasance
b.
Frustrated kidnapping
c.
Nonfeasance
c.
Attempted kidnapping
d.
Dereliction
d.
Grave coercion
22) A public officer who immediately returns the
bribe money handed over to him commits
26) The detention of a person without legal
grounds by a public officer or employee
a.
Illegal detention
a.
No crime
b.
Arbitrary detention
b.
Attempted bribery
c.
Compulsory detention
c.
Consummated bribery
d.
Unauthorized detention
d.
Frustrated bribery
23) Direct bribery is a crime involving moral
turpitude. From which of the following
elements of direct bribery can moral
turpitude be inferred?
a.
The offender receives a gift by himself or
through another
b.
The offender is a public officer
c.
The offender takes a gift with a view to
committing a crime in exchange
The act which the offender agrees to
perform or which he executes is
connected with his official duties
24) Which of the following circumstances of
dishonour of a check can be a basis for
prosecution under the bouncing checks law?
d.
a.
The check was returned unpaid with
stamp stop payment, although the
drawers deposit was sufficient
27) The deprivation of a private person of the
liberty of another person without legal
grounds
a.
Illegal detention
b.
Arbitrary detention
c.
Forcible abduction
d.
Forcible detention
28) A warrant of arrest was issued against Pekto
for the killing of his parents. When PO2
Tapang tried to arrest him, Pekto gave him 1
million pesos to set him free. PO2 Tapang
refrained in arresting Pekto. What was the
crime committed by PO2 Tapang?
a.
Indirect bribery
b.
Direct bribery
c.
Corruption of public officials
d.
Qualified bribery
29) Felony committed by a public officer who
agrees to commit an act in consideration of a
gift and this act is connected with the
discharge of his public duties
a.
Negligence
a.
Qualified bribery
b.
Imprudence
b.
Direct bribery
c.
Omission
c.
Estafa
d.
Act
d.
Indirect bribery
30) The failure to perform a positive duty which
one is bound to
