CRIMINAL LAW BOOK 1

1. It is the forfeiture or loss of the right of the state to prosecute the

offender or file criminal action after the lapse of a certain period of
time.

• A. Prescription of penalty C. Combination A & B

• B. Prescription of crime D. None of the above
2. Is the loss or forfeiture of the state to execute the sentence
following his conviction after the lapse of certain period of time

• A. Prescription of crime C. Combination of A & B

• B. Prescription of penalty D. None of the above
3. The penalties of death and reclusion perpetua
prescribe in ;

•A. 10 yrs C. 20 yrs

•B. 15 yrs D. 30 yrs
4. Light penalties shall prescribe in;

• A. 6 months C. 2 years
• B. 1 year D. 5 years
5. A,B & C raped W in that when A was having sex with W,B & C were holding
the legs and arms of W. When it was B's turn, A & C were the ones holding W's
legs and arms. When C was the one having sex with W, the ones holding W
arms and legs were A & B. Later, A succeeded in courting W and later A
contracted marriage with W. Is the criminal liability for rape committed by A B
& C extinguished ?

• A. There is no extinction of penalty liability because marriage of the

offended party with the offender does not apply to multiple rapes.
• B. Yes, the marriage of the offender with the offended party shall extinguish
the criminal action or remit the penalty already imposed
• C. When a single act constitutes two or more grave felonies or less grave
felonies known as compound crime
• D. When an offense is a necessary means of committing the other is the
complex crime is proper
6. There is complex crime when ;
• A. When a single act constitutes two or more grave
felonies known as compound crime ;
• B. When an offense is a necessary means of committing
the other is the complex crime proper ;
• C. Compound crime because the single act of shooting
resulted to or more grave felonies ;
• D. A & B only
7. A with a revolver shot B, missing him but the bullet hit X who
is A's father. A committed the crime of attempted homicide
with parricide. What kind of a complex crime is committed ?

• A. Compound crime because the single act of shooting

resulted to two or more grave felonies
• B. Complex crime proper
• C. Complex crime
• D. A & B only
8. Is a kind of executive clemency whereby the
execution of penalty is suspended ?

• A. Penalty C. Amnesty
• B. Reprieve D. Civil interdiction
9. The penalty imposed by the court upon an
offender is reduced to a lighter one.

• A. Commutation of sentence C. Amnesty

• B. Reprieve D. Penalty
10. It is an accessory penalty provided by law when the principal
penalty imposed upon the offender for the commission of a
crime is more than twelve years imprisonment.

• A. Amnesty C. Civil interdiction

• B. Capital offense D. All of the above
11. It is one, which, under the law existing at the time of its
commission and at the time of the application to be ad
mitted to bail may be punished by death, although a lower
penalty than death may be imposed after conviction.

• A. Complex crime C. Complex crime

• B. Civil interdiction D. Continuous offense
12. Is a kind of a crime which is committed by a person
who performs an act which would be an offense against
person or property , were it not for the inherent
impossibility of its accomplishments or on account of the
employment of inadequate or ineffectual means.

• A. Complex crime C. Prescription of crime

• B. Impossible crime D. Prescription of
penalty
13. It may be defined as a disposition under which a
defendant after conviction and sentence is release subject
to the conditions imposed by the court and the provision
of a probation officer

• A. Indemnification C. Amnesty
• B. Reparation D. Probation
14. A person lends Juan the bolo, which was used in
the murder of another person, is liable as of the
crime ?

• A. Principal C. Accomplice
• B. Accessory D. Conspirator
15. Person who aid the felons to hide away
evidences or profit from the fruits of the crimes are
said to be .

• A. Principal C. Accomplice
• B. Accessories D. Conspirator
16. A kidnapped a boy and demanded a ransom of P100,000,00
from the boy's parents. In time, the ransom was paid and the victim
was released. When X (A's adopted sister) learned that A was being
hunted by the police for kidnapping, she (X) took (A) into her house
and concealed him . A was able to elude the police. What is the
criminal liability of X, if any?

• A. No criminal liability as she was within the degree from

criminal liability
• B. Principal
• C. Accessory
• D. Accomplice
17. A proposed to B that they rob a certain store, to which B agreed,
later, however, B undertook the robbery alone and made off with
P20.000.00 cash . The following day, after making some shallow
explanation, B apologized to A and gave the latter P2.000.00 which
A some what grudgingly accepted. What is A's liability . If any ?

• A. Principal C. Accomplice
• B. Accessory D. Conspirators
18. To be appreciated as mitigating, it must be made to
person in authority or his agent; it may be present if made
after the issuance of a warrant of arrest, but before actual
arrest is made

• A. Voluntary surrender C. Habitually reiteration

• B. Recidivism D. Treachery
19. This kind of aggravating circumstance is present when
a person commits any of crimes against person, employing
such means, methods or forms in the execution, without
risk to himself arising from the defense which the offended
party might make

• A. Accomplishes C. Treachery
• B. Principal D. Accessories
20. In its juridical sphere, it means the suffering
undergone, because of the action of society . By one who
commits a crime hence. It can only be imposed after
conviction in a criminal action

• A. Amnesty C. Recidivism
• B. Pardon D. Penalty
21. It is one for which the law impose a single punishment for
various offenses. It is committed in either of two ways; when a
single act constitutes two or more grave or less grave offenses; or
when an offense is a necessary means for committing another

• A. Continuous crime C. Capital offense

• B. Complex crime D. Impossible crime
22. It means the mercy extended by the chief executive to a person sentenced
for an offense whereby the personal effects of the penalty are suspended
subject to the conditions, if accepted by the person sentenced, the effect of
freeing him from imprisonment if he is deprived of liberty; or from preventing
him from changing his residence as he pleases, if he is sentenced to exile.

• A. Conditional pardon C. Deduction for loyalty

• B. Good conduct allowance D. Indemnification
23. This allowance is deducted from the period of a prisoner's sentence: 5 days
for each month of good behavior for two years imprisonment: during the 3rd
year confinement, 8 days for each month of good behavior; following years
until the 10th year, 10 days for each month of good behavior; during the 11th
year and successive yrs of his imprisonment, 15 days for each month of good
behavior

• A. Deduction of loyalty C. Good conduct allowance

• B. Amnesty D. Conditional pardon
24. It is the deduction of one-fifth (1/5) of the period of the
sentence of a prisoner if he, having evaded the service of sentence
because of calamity or any disorder under art. 158 gives himself up
to the authorities within 48 hours following the issuance of a
proclamation regarding the passing away of the calamity

• A . Amnesty C. Conditional pardon

• B. Good conduct allowance D. Special time allowance for loyalty
25. It is a sovereign act of oblivion for past acts, granted by
the government to a certain class of person charged or
guilty of crime usually political offenses and often
conditioned upon their return to obedience and duty
within a prescribed time

• A. Amnesty C. Prejudicial question

• B. Indemnification D. Treason
26. X, Y & Z conspired to kill A. They went to the house of A. Upon
arrival, Z only acted as look-out in the yard of A, Y accompanied X
to the room where A was sleeping; it was X who shot A to death
what is the participation of X.Y & Z to the crime of murder?

• A. X, Y & Z are principals by direct participation

• B. X & Y are principals by direct participation
• C. Z as accomplice
• D. Y as accomplice
27. Person who received and used property
from another, knowing it was stolen

• A. Principal C. Accessory
• B. Accomplice D. Principal by direct participation
28. Placing a weapon in the hand of the dead who
was killed to plant evidence, or buying the deceased
who was killed by the principal

• A. Principal C. Accomplice
• B. Accessory D. Direct participation
29. An accessory is exempt from criminal
liability when the principal is his:

• A. Spouse, ascendants, descendants, brothers and

sister
• B. Nephew, uncle, niece and aunt
• C. Brother-in-law & sister-in-law
• D. Half-brother or sisters
30. X is chief of police in town A his son committed
murder whom he helped in escaping by providing
him money and motorcycle. Is liable?
• A. Accessory because his public functions
• B. Accessory but exempted from criminal liability by
virtue of relationship
• C. Accomplice he abuses his public functions
• D. Accomplice but exempted from criminal liability by
virtue of relationship
31.X is the mother of C who has just stolen jewelries worth
P300,000.00. X sold the jewelries and gave the proceeds to
her daughter C in order to elude arrest and prosecution. Is
X liable?

• A. Accessory before the fact

• B. Accessory but exempted because the principal is he daughter
• C. Accessory but not exempted even if she is related to C (mother
and daughter) as she assisted C to profit by the effects of the
crime
• D. A & B only
32. It is a law which makes criminal an act done before the
passage of the law or which aggravates a crime or make it
greater than it was, when committed

• A. Ex post facto law C. Amnesty

• B. Bill of attainder D. Treason
33. A legislative act which inflicts punishment
without trial.

• A. Ex post facto law C. Treason

• B. Bill of attainder D. Amnesty
34. Pardon by the offended party, as general rule,
does not extinguish the criminal liability to the
offender, except
• A. Private offense and before the institution of the
criminal action
• B. Public crime or crimes against the state
• C. Private crime or crimes against the state
• D. B & C only
35. In adultery and concubinage, pardon by the
offended party will bar criminal prosecution if:
• A. Express or implied pardon given to the wife or husband.g as
the case may be and before the institution of the criminal action
• B. Express or implied pardon given to the both offenders and
before the institution of the criminal action
• C. Both offenders are express before the institution of the
criminal action
• D. A & B
36. In cases of seduction, abduction and acts of lasciviousness,
pardon by the offended by the offended party or by parents or
grandparents or guardian will bar prosecution provided the pardon
is given before the institution of criminal action, except:

• A. Marriage between the offender and the offended party even

after the filing of the case and conviction of the offended party
• B. Remit the penalty already imposed against the offender, his
co-principals, accomplices and accessories
• C. The penalty is ready to imposed against the offended party
• D. A & B only
37. A fine of from P200.00 to P6,000.00
imposed by the court after due hearing is

• A. Afflictive C. Light
• B. Correctional D. Heavy
38. Destierro is principal, divisible and correctional
penalty imposed by the judge after due trial in cases
of:

• A. Serious physical injuries or death under exceptional

circumstances
• B. concubine in concubinage
• C. paramour in adultery case
• D. A & B
39. In the execution of destierro, the convict shall
not be permitted to enter the place designated in
the sentence nor within the radius specified

• A. Not be more than 250 and not less than 25kms form
the place designated
• B. Not be more than 350 and not less than 50kms
• C. Not be more than 300 and not less than 30kms
• D. Not be more than 325 and not less than 40kms
40. Those who directly forces another to
commit a crime are also categorized as:

• A. Principal by the direct

• B. Principal by inducement
• C. Principal by indispensable cooperation
• D. Principal by indirect cooperation
41 A & B agreed to rape C they proceeded to the room of C
whereupon A with a knife pointed to the neck of C ordered
C to lie down and when A was having sex with C, B was
holding both arms of C. What is the liability of B?

• A. Principal by direct participation

• B. Principal by inducement
• C. Principal by indispensable cooperation
• D. Principal by indirect cooperation
42. A & B are charged with kidnapping. A contacted X who, has not
participated in the actual kidnapping to contact the parents of the
victim to negotiate the delivery of ransom. X having successfully
done so, receives a share from the same. He is also a:

• A. Accomplice C. Principal
• B. Accessory D. Conspirator
43. Suppose X being a co-conspirator in the theft or
robbery, sold some of the property stolen, he should
be punished as a:

• A. Accessory C. Principal
• B. Accomplice D. Conspirator
44. A rapes a woman and in his escape he was
assisted by public officer. The public officer is liable
as:

• A. Accessory C. Principal
• B. Accomplice D. Co-conspirator
45. Suppose in the same problem, A was assisted by
a private individual. Is the private person liable as an
accessory ?
• A. No, crime committed was not treason, murder , parricide ,
act.
• B. Yes, because he assisted in the escape of a person who
committed a serious crime
• C. Yes, crime committed was treason , murder , parricide, etc.
• D. No, because he assisted in the escape of a person who not
committed a serious crime
46. A is charged for attempted homicide and the trial is
still going on for more than 6 yrs and he has been detained
from the beginning on the trial on failure to post a bail
band. What should the court do ?

• A. He shall order the immediate release of A

• B. The trial should proceed until terminated
• C. He shall not in order the immediate release of A
• D. A % B only
47.light offenses prescribed in:

• A. 2 months C. 6 months
• B. 3 months D. 4 months
 48. The period of prescription shall commence to run from the day
of discovery of the crime by the offended party , the authorities ofr
their agents. Suppose A witnessed the killing of X by B, and since A
not being related to X, he did not report the crime to the
authorities. Will the crime of murder prescribe?

• A. Yes, after the lapse of 20 yrs C. No, after the lapse of 15 yrs
• B. No, the crime will never prescribe D. Yes, the crime never prescribe
49. Suppose in the same problem above, A reported to the
police authorities what he she witnessed, but no complaint is
filed in the court. Will the crime of murder prescribe?

• A. Yes, after 20 yrs and 1 day from the discovery of the crime.
• B. No, the crime will never prescribe because the one who
discovered the crime is not the offended party, the authority or its
agent
• C. No, after 15 yrs and 2 days from the discovery of the crime
• D. Yes, the crime will not never prescribe because the one who
discovered the crime is the offended party.
50. Every person criminally liable for a felony also civil
liable. Thus, if A committed murder, he is obliged to pay
the offended party the civil liability which includes:

• A. Restitution
• B. Reparation of damage caused
• C. Indemnification for consequential damages
• D. All of the above
51.The classes or different classifications or
circumstances affecting criminal liability are the
following, except:

• A. Justifying C. Aggravating
• B. Probable cause D. alternative
52. A person who acts by virtue of a ___________
circumstances is deemed not to have transgressed the
law, and is free from both criminal and civil liability.

• A. Justifying C. Aggravating
• B. Exempting D. alternative
53.One who acts by virtue of an _____________
circumstance commits a crime but does not incur any
criminal liability because of the complete absence of the
condition which make the act voluntary.

• A. Aggravating C. Justifying
• B. Alternative D. Exempting
54. A shots B hitting but not mortally . So B grappled for
the possession on the gun until B succeeded in wresting it
from A. Immediately thereafter, B shot A whom he killed.
Prosecuted for homicide, B interposed self-defense.
Decide.
• A. B can invoke self-defense because the provocation made by A in
shooting and wounding B is sufficient to prevent further harm to him
• B. There was no self-defense since A was already disarmed hence
there was no more aggression to stop or repel as B shot A when he
was unarmed and defenseless.
• C. There was self-defense since A already disarmed hence there was
no more aggression to stop or repel as B shot A when he was already
unarmed and defenseless
55. Is the accidental killing of by-stander, while X
was acting in self-defense , that is, in stopping or
repelling the actual aggression by Y against him.

• A. Yes, for reckless imprudence resulting to homicide

• B. Yes, X is liable for any crimes as he was not committing a felony when he
acted in self-defense although the wrongful act done be different from what
the intended to do
• C. No, for reckless imprudence resulting to homicide
• D. No, X is not liable for any crimes as he was not committing a felony when
he acted in self-defense although the wrongful act done be different from
what he intended to do
56. X was indebted to B when B tried to collect the
indebtedness, X insulted him, struck him with the fist and
when B moved backward X continued boxing him and so B
drew his bolo and struck A to death. Prosecuted for
homicide , B pleaded self-defense, decide.

• A. B in acted self- defense to prevent or repel the unlawful

aggression of X
• B, No, because the use of bolo by B may not be considered as a
reasonable means to repel X attack who used only his fist
• C. Yes, because the use of bolo by B may be considered as a
reasonable means to repel X attack who used only his fist.
57. When A saw B rushing towards him holding a bolo and poised to
strike him, he immediately picked up a pointed iron bar and
believing that his life was in danger as B was close enough he made
a trust on B hitting him on the stomach which cause d the death of
B. Note that the truth of a matter, however, is that B was merely
trying to play joke on C. Is A criminally liable?
• A. No, because he acted in self-defense due to mistake of fact which was
committed without fault or carelessness and he had no more time to verify
whether B was only playing a joke or not.
• B. Liable because he had still time to move backward in order check
whether B had really the intention of hitting him with a bolo or he was just
playing a joke on him
• C. Not liable because he had still time to move backward in order check
whether B really the intention of hitting him with the bolo or he was just
playing joke on him
58. Suppose, in the middle of the night and full moon, X heard the
footsteps of an intruder inside their house . X picked up his riffle
and upon seeing a man armed with a pistol in his right hand
ransacking X personal effects, X shot and killed the man. Is X
criminally liable?

• A. Yes, because defense of property requires that it will be coupled with

aggression against persons.
• B. Yes, because he was acting in defense of property right the means
employed was reasonable considering that the intruder was armed with a
pistol
• C. No, because he was acting in defense of property right and that means
employed reasonable considering that the intruder was armed with a pistol.
59. Suppose in the above question, X shot to death the
man while he was running away from X house carrying
with him X television set, is X criminally liable?

• A. Yes, for murder qualified by treachery as the man was running

away from X house holding the television set hence he could not
defend himself
• B. No, because he acted in defense of his property rights from an
intruder who robbed him of his TV set.
• C. No, for murder qualified by treachery as the man was running
away from X house holding the television set hence he could not
defend himself
60. X has been working in Hongkong. Feeling homesick after a long absence , without
notice, came home from Hongkong upon arrival in their residence at about
9:00pm,he immediately proceeded to their bedroom where he saw his compadre on
the top of his wife, both naked. X immediately drew his gun but was beaten to a draw
by his compadre who shot and killed him. When prosecuted, X compadre put up the
defense that he killed X in self-defense. Decide
• A. X act in drawing his gun does not constitutes unlawful aggression because
such act of deceived and an offended husband because the compadre was
having an illicit relations with X wife and so X justified in defending himself
from an actual aggression by his compadre
• B. Although the compadre is performing an unlawful act for having an illicit
relationship with X wife , still he is justified in killing X as his life is an actual
danger
• C. Although the compadre is not performing an unlawful act for having an
illicit relationship with X wife , still he is justified in killing X as his life is an
actual danger
61. X and Y tear down C house to stop the fire which break out in
the midst of many houses because if they do not demolish the said
house the fire would spread and burn other houses there by
causing more damage . Are X and Y criminally liable?

• A. Yes, because the practical thing for them to do is contact

firemen to prevent the spread of the fire
• B. No, because they demolished C house in order to avoid an evil
or greater injury or preventing the fire spreading many houses
• C. Yes, because they demolished C house in order to avoid an evil
or greater injury or not preventing the fire spreading many
houses
62. The doctor who had kill the fetus to save the mother
where both could not be saved, and he is running out of
time ,is not criminally liable he can invoke for:

• A. state of necessity
• B. Avoidance or greater evil as the death of the mother is
greater than sacrificing the life of the unborn child
• C. he is exempted from criminal liability
• D. all of the above
63. X hit Y with his fist inside a running passenger jeep
because Y was snatching his X watch, and as a
consequence Y fell at the jeep, his head hit the hard
pavement causing his death. X acted in:
• A. lawful exercise of right and therefore he is exempted
from criminal liability
• B. lawful exercise of an office and is exempted from
criminal liability
• C. lawful exercise of an office and is not exempted from
criminal liability.
64. The executioner of convicts sentence to die, who
would make the lethal injection on the day and time
scheduled by the court does so in the lawful…

• A. Exercise of an office, thus exempted from criminal

liability
• B. Exercise of a right , thus exempted from criminal liability
• C . Exercise of a right , thus not exempted from criminal
liability
65. One night C, married young woman, was sound sleep in her bedroom when
he felt a man on top of her. Thinking it was her husband who came home early
from his business trip; C let him have sex with her. After the act the man said,
“I hope you enjoyed it as much as I did” realizing that he was not her husband,
he got furious and so she took her husband gun and shot the man. Change
with homicide, C invoke defense of honor. Decide.

• A. Yes, C is justified in killing C who through deceit and

bad faith was able to sex with her
• B. No, C is criminally liable because the unlawful
aggression against in honor had already ceased
• C. No, C is justified in killing C who through deceit and
bad faith was able to sex with her
66. In mercy killing, is the attending physician criminally
liable for deliberately turning off the life support system
consequently costing the life of the patient?

• A. Yes, because euthanasia is neither a justifying nor exempting

circumstance
• B. No, because he has no intention to kill his patient but only to
relive here from further sufferings
• C. Yes, because he has no intention to kill his patient but only to
relive here from further sufferings
68. In exempting circumstance there was a crime committed,
there is criminal but for reason of ___________ no penal liability
shall be imposed on the offender

• A. criminal C. public policy

• B.crime D. public crime
69.Dreaming while sleeping; in a state of somnambulism or sleep
walking, high fever due to malignant malarias and epilepsy are
circumstances analogous to insanity or imbecility falling under:

• A. justifying circumstance
• B. exempting circumstance
• C. alternative circumstance
• D. aggravating circumstance
 70. A kleptomaniac was prosecuted for the chief of
jewels committed in a jewelry store while she was
attacked by her said sickness is she criminally liable?
• A. no, being a kleptomaniac is analogous to insanity or imbecility
since at the time of stealing there is complete deprivation of
reason of freedom of the will at the time of its commission of the
crime
• B. Yes, because she knows what is right and what is wrong and
that she even knows that steal is wrong
• C. No, because she knows what is right and what is wrong and
that she even knows that steal is wrong
71. A man while sleeping dreamed that he was attacked by
his enemies . Suddenly he got up , took his bolo and killed
his wife and wounded his father . Is he criminally liable?

• A. the man is liable even if he did not intent to kill his wife and
wounding of his father which is analogous to mistake of identity
• B. no, because he acted under circumstances which are
analogous to imbecile or insanity.
• C. the man is not liable even if did not intent to kill his wife and
wounding his father which is analogous to mistake of identity
72. A person who was compelled to bury the body of one who was
murdered by the killers, striking him with the butts of their guns,
threatening to kill him too if he continuous resisting the order , was
compelled to do so , is not criminally liable because;

• A. he acted under the compulsion of an irresistible force

• B. he acted under the impulse of an uncontrollable fear
of an equal or greater injury
• C. he is only an accessory to the crime
73. A with a revolver in his hand threw a knife at B , and
ordered him to kill C a person sleeping nearby otherwise
he will shot B to death and being terrorized B killed C is B
criminally liable for murder?
• A. no, because he acted under the impulse of an uncontrollable
fear of an equal or injury
• B. no because, acted under the compulsion of an irresistible force
• C. yes because, he acted under the impulse of an uncontrollable
fear of an equal or injury
• D. yes because he acted under the compulsion of an irresistible
force
74. Absolutory causes are causes provided for under
the RPC which exempts a person from criminal
liability.

• A. he was acting in the performance of a duty

• B. he was performing a lawful act with due care when he
causes an injury without the intention of causing it
• C. due to accident
• D. B & C only
77. The person defending himself must have been attacked with
actual physical force or with actual use of weapon. Thus insulting
words, a light push on the head with the hand, a mere push without
physical assault do not constitute unlawful aggression. But a slap
on the face constitute unlawful aggression because;

• A. the face represent a person and is dignity and is

serious physical attack
• B. it is disregard of an individual personality
• C. all of the above
78. The person criminally liable for felonies are;

• A. principals C. accesories
• B. accomplices D. all of the above
79. For light offenses, the person criminally
liable are;

• A. principal C. accessories
• B. accomplices D. A & B only
80.The ff are three kinds of principals, EXCEPT;

• A. principal by induction/inducement
• B. principal by indispensible cooperation
• C. principal by direct participation
• D. none of the above