CRIMINAL LAW 1

Test Questions
1. Pardon cannot be extended to:
a. Murder
b. Rape
c.
impeachment d. Plunder
2.
What do you call the
commission
of
another
crime
during service of penalty for a
previous offense committed by the
offender?
a. recidivism
b. habitual delinquency
c. quasi recidivism
d. reiteracion

d.
physical
condition
offender
e. all of the above

of

the

8. Amnesty can be granted only if

there is:
a. Concurrence of Congress
b. Supreme Court sanction
c. Peoples approval
d. approval of world opinion
9. Probation is a form of:
a. treatment
b. leniency
c. reward
d. punishment

3. A person who is arrested and

legally placed in jail but is not yet
convicted by the court is a:
a. Criminal
b. Detained Prisoner
c. Jail Prisoner
d. Suspect

10. This is given to the offender by

showing to others what would
happen if they commit a crime.1
a. protection
b. lethal injection
c. deterrence
d. stoning

4. A detention prisoner escaped

from
custody
while
being
transported from the courtroom
back to the city jail. What crime did
he commit?
a. evasion of service of sentence
c. escaped artist
b.disloyalty of prisoner
d. no crime

11.
What penalty prohibits you
from entering a designated place
normally within a radius of not
more than 250 and not less than 25
kilometers therein?
a. fine
b. bond to keep the peace
c. curfew
d. destierro

5. The justifications for punishment

are the following EXCEPT:
a. happiness
b. retribution
c. deterrence
d. expiation

12. What is the fraction of

deducted sentence that is granted
to one who escaped on the
occasion of a disorder if he
surrendered himself within 48
hours after the issuance of the
proclamation
announcing
the
termination of such calamity?
a. b. 1/3 c. 1/5

6. Pardon by the President is only

exercised when the accused is _____
a. already convicted
b. before conviction
c. about to be convicted
d. a former President
7. Which among the following
information
shall
the
court
consider in determining whether
one may be placed on probation?
a. character of the applicant
b. antecedents and environment
c. his mental condition

13. Under Article 70 of the RPC, the

duration of service of a life termer
is:
a. 20 years
b. 30 years
c. 40 years
d. 25 years
14.
When does probation order
take effect?
1

a. 3 days after issuance

c. immediately upon issuance
b. 3 days prior to issuance
d. 72 hours after issuance
15. The son cannot be held liable
for the crime of his father. This is
so, because nobody should suffer
for the crime of another. What
juridical condition of penalty is
this?
a. personal
b. certain
c. legal
d. exemplarity
16.
What do you call the
postponement or temporary stay of
the execution of the sentence?
a. amnesty
b. pardon
c. commutation
d. suspension
e. reprieve
17. One who receives an absolute
pardon is _____ from civil liability.
a. exempted
b. not exempted
c. forgiven
d. partly exempted
18. Who grants amnesty?
a. President of Fejodap
c. Chief Executive
b. Justice Secretary
d. Supreme Court
19. When the president changes
the penalty to a less serious
penalty or actually makes it shorter
than what is imposed by the court,
he is exercising:
a. reprieve
b. pardon
c. commutation
d. all of the above
20. _____ is not a matter of grace.
The convict is not entitled to it as a
matter of right.
a. reprieve
b. pardon
c. commutation
d. all of the above

21. As a general rule, all persons in

custody is entitled to bail as a
matter of _____.
a. fact
b. principle
c. right
d. discretion
22. Who advocated the free will
theory of crime causation?
a. Cesare Lombroso b. Cesar
Montano c. Julius Cesare
d. Cesare Beccaria
23. The existence of an accomplice
presupposes the existence of:
a. principal by direct participation
b. principal by inducement
c.
principal
by
indispensable
cooperation
d. any one of these or all of these
24. What kind of property may be
seized and be the object of
searched?
a. fruits of the offense
b. those intended to be used in
committing the offense
c. subject of the offense
d. stolen or embezzled property
e. all of the above
25.
What
is
the
questioning
initiated by law enforcer when a
person
has
been
taken
into
custody?
a. interview
b. interrogation
c. chika minute
d. custodial investigation
26. If proof is the outcome of
evidence, then what is evidence?
a. instrument of proof
c. proof beyond doubt
b. corpus delicti
d. silver platter
27. As a general rule, a warrant (of
arrest) is directed to be served in:
a. anytime of the day or night
c. any day except Sunday
b. daytime only
d. only at nighttime

28.
Which among the following
privilege may be availed of by 1st
time offenders for imprisonment
not exceeding 6 years?
a. conjugal visit
b. pardon
c. probation
d. justifying circumstance
29.
Which among the following
undergoes
preventive
imprisonment?
a. probation officer
b. parole officer
c. probationer
d. detention prisoner
30.
Any
person
under
investigation shall have the right
to___
a. remain silent
c. be informed of these rights
b. have independent counsel
d. all of these
31. Anti Sexual Harassment Law
is:
a. RA 7610
b. RA 9346
c. RA 7877
d. RA 7160
32. It is a disposition under which
a defendant after conviction is
released, subject to conditions
made by the court and supervision
of a probation officer.
a. parole
b. pardon
c. probation
d. amnesty
33. A warrant may only be issued
upon probable cause. How is
probable cause determined?
a. it is determined personally by
the judge
b. after examination under oath or
affirmation
c. of the complainant and the
witnesses he may produce
d. particular description of the
person or place
e. all of the above

34. Which of the following best

describes the classical theory?
a. there are born criminals and
these can be shown by certain
stigmatas
b. criminal behavior is learned in
the interaction with others
c. basis of criminal liability is free
will and purpose of penalty is
retribution
d. criminals may be classified into
ectomorph,
mesomorph
and
endomorph body types.
35. X was convicted of crime with
less than 6 years imprisonment. X
will be denied probation if:
a. he is convicted of any crime
against national security or public
order
b. he has been once under
probation
c. he was previously convicted of
offense punished by not less than
one month and one day
imprisonment
d. all of the above
36. What is involved when a
criminal is made incapacitated to
commit a crime in the future?
a. incapacitation
b. mutilation
c. retribution
d. imprisonment
37. The theory in criminology that
the stress is more on the effects on
the felonious acts of the criminal
rather than upon the criminal
himself.
a. positivist
b. classical
c. neo classical
d. hedonism
38. If you violate your probation
conditions what will the court do?
a. the judge will cry
b. the prosecutor will sing
c. the judge will revoke the
probation
d. the judge will extend the
probation

39. Parole, pardon, commutation,

reprieve are examples of:
a. question in the board
b. executive clemency
c. presidential Decrees
d. imprisonment
40. X was sentenced by Judge Y to
Reclusion Perpetua. If Judge Y died
while X was serving his sentence
what happens to the sentence of
X?
a. remains the same (no effect)
c. X will stay longer in jail
b. X will be released
d. It will be abolished
41. When a penalty has a minimum
and maximum period, we refer to
them as:
a. indeterminate sentence
c. suspended sentence
b. determinate sentence
d. complex crime
42.
These are sets of law that
control the action of the criminal
justice and define the rights of the
defendant.
A. criminal law
b. civil law
c. remedial law
d. labor law
43.
The Philippine Criminal Law
promulgated in 1433.
a. Code of Kalantiaw
b. Spanish Penal Code
c. Codigo penal de Espana
d. Code of Hammurabi
44. The preliminary investigation
of offense within the jurisdiction of
the Sandiganbayan is conducted
by:
a.public prosecutor
c. ombudsman
b. justice secretary
d. IBP officers
45. In this stage, the accused will
be brought before the court to
apprise him of the charges against
him.
a. custodial investigation
c. arraignment

b. promulgation of judgment
d. plea bargaining
46. Who represents the State in
criminal proceedings?
a. judge
b. clerk of court
c. policeman
d. public prosecutor
47. These refer to the written
allegations of the parties of their
respective claims and defenses
submitted to the court for trial and
judgment. Examples of these are
complaint, information, affidavit,
motion dismiss etc.
a. court papers
c. pleadings
b. motions
d. mere scraps of paper
48.
A process in the criminal
justice
which
means
the
questioning
initiated
by
law
enforcers after a person has been
taken into custody or deprived of
his freedom of action in any
significant way. It is defined by RA
7438.
a. preliminary investigation
c. credit investigation
b. background investigation
d. custodial investigation.
49. Which among the following is a
part of custodial investigation?
a. police line up
b. invitation to appear in police
station
c. mug shots
d. taking of fingerprints
50. X is frustrated because he lost
his wallet containing twenty pesos.
He therefore has no more money to
buy food and medicine. While
walking along the street, he saw a
lady counting her money she had
just withdrawn from an Automated
Teller Machine. X thought of taking
the money from the lady by force.
What crime is committed by X?
a. robbery b. theft c. sin d. no
crime

51.
When
an
offender
has
performed all the felonious acts
but he failed to produce the felony
for some reason or another, the
crime is:
a. attempted
b. frustrated
c. consummated
d. impossible
52. It has endeavored to establish
a mechanical and direct proportion
between crime and penalty and
there is scant regard to the human
element.
a. classical theory
b. positivist theory
c. strain theory
d. none of the above
53. It is a human act punishable by
the Revised Penal Code.
a. offense
b. crime
c. felony
d. infraction
54.
What is present when the
killing of a person is considered
beforehand
and
that
it
was
motivated more than by a simple
desire to engage in acts of
violence?
a. cruelty
b. treachery
c. evident premeditation
d. lack of foresight
55. It is an inherent power of the
_____ to compel the attendance of
witnesses in a case pending before
them.
a. courts
b. policeman and NBI authorities
c. prosecutors
d. all of the above
56. Which among the following is
the following is the best and
highest proof. It speaks more
eloquently
than
a
hundred
witnesses.
a. real evidence (object)
c. documentary evidence
b. testimonial evidence
d. solid evidence

57. For purposes of identification,

the accused must appear in court;
this means that there must be _____
of the accused.
a. appearance by lawyer
c. appearance fees
b. appearance by proxy
d. personal appearance
58.
A stabbed B. A became
remorseful and brought B to the
hospital. The wound was almost
fatal had it not for medical
intervention. B did not die. What
crime is committed by A?
a. attempted felony
b. frustrated felony
c. physical injury
d. no crime
59. It is a process issued by a
court after conviction to carry out
the
final
judgment,
such
as
commanding a prison warden to
hold the accused in accordance
with the terms of the judgment. It
is carrying into effect the judgment
of the court.
a. mittimus
b. commitment order
c. arrest warrant
d. order of confinement
60. What is the purpose of bail?
a. added source of income for the
government
b. to protect the 4th amendment
rights of the accused
c. to obtain temporary release of
accused while under trial
d. to keep the accused in jail until
trial
61.
It is one in which all the
ingredients of the offense are
committed in one place only.
a. continuing crimes
b. local crimes
c. transitory crime
d. complex crime
62. A crime in which some acts
material and essential thereto
occur in one province and some in
another.

a. instant crime
b. local crimes
c. transitory crime
d. complex crime
63. Intervention of the victim in
the criminal action is not allowed in
the following EXCEPT:
a. when he has not waived the civil
action
b. when he has waived the civil
action
c. when he has filed the civil action
ahead of the criminal action
d. when he has expressly reserved
the right to institute the civil
action separately.
64. The following are requisites of
attempted felony EXCEPT:
a. offender commences the
commission of a felony
b. the commission of a felony is
done by overt acts
c. offender does not perform all the
acts of execution which should
produce the felony
d. the offenders act is not stopped
by his own spontaneous desistance
e. the non performance of all the
acts of execution was due to cause
or accident.
f. the offender confesses his guilt
to the police
65. X mixed poison to the food of Y.
After Y had eaten a spoonful or two
of the food prepared by X, Y threw
them away as he did not like its
taste. Y did not die. What crime is
committed by X?
a. attempted murder
b. frustrated murder
c. consummated murder
d. impossible crime
66. X (man) dragged a woman to
an isolated rice field about a few
meters away from where she was.
Because of the constant shouts for
help of the woman X let him go and
X run away. What crime was
committed?
a. attempted rape
c. grave threats
b. illegal detention
d. acts of lasciviousness

67. X with intent to kill stabbed Y

at least two times, as a result Y fell
to the ground. X was to stab again
Y for the second time but he
noticed that Y was no longer
moving and breathing. X thought
that Y was already dead so he
hurriedly left. Unknown to him Y
was just feigning death. After X
left, Y immediately went to a
nearby hospital. What crime was
committed assuming the wounds
are mortal or fatal but Y did not die
because of the skillful medical
intervention?
a. attempted felony
b. frustrated felony
c. consummated felony
d. none of the above
68. X with intent to kill stabbed Y
at least two times, as a result Y fell
to the ground. X was to stab again
Y for the second time but he
noticed that Y was no longer
moving and breathing. X thought
that Y was already dead so he
hurriedly left. Unknown to him Y
was just feigning death. After X
left, Y immediately went to a
nearby hospital. What crime was
committed assuming the wounds
are not mortal or not fatal, hence
not sufficient to cause death?
a. attempted felony
b. frustrated felony
c. consummated felony
d. none of the above
69. A waylaid B in the hope of
getting a watch. But B left the
watch. A pointed his gun to B. But
since B had no watch in him, A let
him go unmolested. What crime
was committed?
a. attempted felony
b. frustrated felony
c. consummated felony
d. none of the above
70. A shot B producing a wound
sufficient to cause death. However
a twist of fate happened when A
suddenly began to feel sorry for B.
So A himself treated the wounds
sustained by B. B did not die as a

result. What crime was committed

by A?
a. frustrated felony
b. physical injury
c. consummated felony
d. attempted felony
71. A raised his bolo as if to struck
B (without any blow being struck).
What crime was committed?
a. attempted felony
b. light threats
c. frustrated felony
d. consummated felony
72. X who is fully naked and Y also
fully naked forcefully rubbed his
penis into the genitalia of Y. The
tanods came and arrested X on the
spot. What crime is committed?
a. attempted rape
b. acts of lasciviousness
c. frustrated rape
d. consummated rape
73. Dr. X had long wanted to kill Y
his brother. So one night he mixed
whitish substances (arsenic) on the
soup of the latter. When the
brother had already finished his
meal including the soup with
poison, Dr. X had a sudden change
of heart and decided to save the
life of the brother by employing his
knowledge
in
toxicology.
He
immediately
administered
an
antidote.
The
antidote
administered by Dr. X prevented
the death of the brother. What
crime was committed by Dr. X?
a. attempted parricide
b. physical injury
c. frustrated parricide
d. consummated parricide
74. It is that point in the
commission of the crime where the
actor has still control over his acts
and its natural course.
a. objective phase
b. subjective phase
c. proactive phase
d. reactive phase
75. X shot Y to death. While X was
in jail, Mel Enriquez, a television

anchorman/reporter
interviewed
him. In the process of interview, X
admitted to Mel, that he indeed
shot Y. Mel is now in court as a
witness against X to prove that X
admitted to him that he (X) killed
Y. Is this evidence admissible?
a. Yes, the interview was not part
of custodial investigation
b. No, there was no lawyer when X
confessed his guilt
c. No, it is against media ethics to
testify when the suspect admitted
his crime to a media man
d. Yes, if there was no torture
employed by the media man
76. A man served his sentence for
8
years,
although
he
was
sentenced 20 years imprisonment.
What did the man enjoy?
a. parole
b. total freedom
c. probation
d. reprieve
77. A family built his house in an
inner piece of land. He was not
allowed to go through a neighbors
yard.
He
was
accused
of
trespassing. But the law allows
such passage under:
a. eminent domain
b. right of way
c. violation of domicile
d. taxation power
78.
Juan
is
expert
in
pick
pocketing. He does this act in the
sidewalks and in Quiapo church.
The pick pocketing in church is
more serious when done in church
because:
a. he takes advantage of people in
prayer
b. he disregards religion
c. the crime was committed in a
place
dedicated
to
religious
worship
d. the pickpocket is a catholic
himself
79. A law was passed in July 1998
imposing death penalty against a
drug pusher. The pusher was
caught and convicted in 1997. The

judge sentenced him (again) to

death in 1999, which is the 2nd
promulgation of judgment. What
right was violated?2
a. right against bill of attainder
b. right against death penalty
c. right against life
d. right against ex post facto law
80. It is an act or omission in
violation of a public law forbidding
or commanding it:
a. Felony
b. Offense
c. Crime
d. Infraction
81. Which among the following is
not an afflictive penalty?
a. Reclusion Perpetua
b. Reclusion Temporal
c. Prision Mayor
d. Arresto Mayor
82. Under the ___________, the
maximum duration of the convicts
sentence shall not be more than
three (3) times the length of time
corresponding to the most severe
penalties imposed upon him which
however shall not exceed forty (40)
years:
a. Supreme Court Ruling
b. Revised Penal Code
c. 1987 Constitution
d. Three Fold Rule in the Service of
Sentence
83. Which law prohibited the
imposition of the death penalty?
a. R.A. 9262
b. R.A. 9346
c. R.A. 9211
d. R.A. 9344
84.
What
is
the
first
and
indispensable requisite of SelfDefense?
a. Reasonable necessity of the
means employed to prevent
or repel it
b. Lack of sufficient provocation
on the part of the person
defending himself
2

c. The person defending be not

induced
by
revenge,
resentment or other evil
motive
d. Unlawful aggression
85. A _________ exists when two or
more
persons
come
to
an
agreement
concerning
the
commission of a felony and decides
to commit it:
a. Conspiracy
b. Piracy
c. Proposal to commit felony
d. Criminal agreement
86. It is that characteristic of
criminal law which states that
criminal law is binding on all
persons who live or sojourn in the
Philippines regardless of age, sex
and nationality:
a. Generality
b. Practicality
c. Territoriality
d. Prospectivity
87. These are crimes that are
consummated in one instant; that
is may not have an attempted or a
frustrated stage such as acts of
lasciviousness,
slander,
false
testimony etc.:
a. Formal crimes
b. Material crimes
c. Continuing crimes
d. Complex crimes
88. As a general rule, light felonies
are punishable only when they are
____________, with the exception of
those committed against persons
or property:
a. Consummated
b. Frustrated
c. Attempted
d. None of the above
89. There is ________ when the
criminal act is performed with
deliberate intent:
a. Freedom of action
b. Fault
c. Fault
d. Dolo or deceit

90. It is a rule regarding the

jurisdiction of a coastal state
whenever a crime is committed
aboard a foreign merchant vessel
which is within the jurisdiction of
that coastal state. According to
this rule, such crimes can be tried
in that country, unless their
commission affects the peace and
security of that coastal state:
a. French Rule
b. English Rule
c. American Rule
d. British Rule
91. What is incurred by one who
commits a felony, although the
wrongful act done is different from
that which he intended?
a. Reward
b. Punishment
c. Imprisonment
d. Criminal Liability
92. An aggravating circumstance
that can be applied to all felonies,
examples of which are recidivism,
dwelling, etc.:
a. Specific Aggravating
Circumstance
b. Generic Aggravating
Circumstance
c. Inherent Aggravating
Circumstance
d. Qualifying Aggravating
Circumstance
93. Are those where the act
committed is a crime, but for
reasons of public policy, no penalty
is imposed:
a. Exempting Circumstances
b. Justifying Circumstances
c. Absolutory Causes
d. Mitigating Circumstances
94. This crime is said to be a crime
committed against all mankind and
whose
commission
affects
all
territorial boundaries such that the
doer of this crime maybe arrested
anywhere in the world he might be
seen because he is deemed to be a
Hostes Humanis Generis:
a. Treason
b. Drug Trafficking

c. Piracy
d. Rebellion
95. What is meant by the maxim
Actus non facit reum nisi mens sit
rea?
a. There is no crime, if there is
no law punishing it.
b. An act done by me against
my will is not my act.
c. The act itself does not make
a man guilty, unless his
intention were so.
d. Ignorance of the law, excuses
no one from compliance
therewith
96. Which of the following does not
belong to the group?
a. Use of poison
b. Cruelty
c. State of necessity
d. Ignominy
97. If KOKO committed a crime
because he was drunk at the time
of commission of such crime and it
was proven that he is not a
habitual drunkard nonetheless, it
was also proven that he use such
condition
to
facilitate
the
commission
of
crime,
then
drunkenness must be appreciated
as:
a. Both
mitigating
and
aggravating circumstance
b. Alternative circumstance
c. Mitigating circumstance
d. Aggravating circumstance
98. What is the purpose of the law
in punishing impossible crimes?
a. To
suppress
criminal
propensities or tendencies
b. To prevent criminals from
committing another crime.
c. To
keep
the
potential
criminals off the street.
d. To serve as an example to
those who are born criminals.
99. USS Destroyer of the US Navy
was anchored along the stretch of
Subic Bay when Cadet 1st Class Zac
Apron stabbed to death his fellow
American Soldier by the name of

Lance Corporal Justin Daniels. The

stabbing incident happened inside
the USS Destroyer. Which court
shall have the jurisdiction over the
crime?
a. Regional
Trial
Court
of
Olongapo
b. Philippine Supreme Court
c. Metropolitan Trial Court of
Olongapo
d. U.S. Court
100. Revised Penal Code
approved on:
a. January 01, 1932
b. December 08, 1931
c. December 08, 1930

d. January 01, 1930

was

ANSWER KEY CRIMINAL LAW 1

1. c
2. c
3. b
4. d
5. a
6. a
7. e
8. a
9. a
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.

c
d
c
b
c
a
e
b
c
c
b
c
d
d
e
d
a
a
c
d
d
c
c
e
c
d
a
b

38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.

c
b
a
a
c
a
c
c
d
c
d
b
d

51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.

b
a
c
c
a
a
d
c
a
c
b
c
a
f
a
b
b
a
a
b
b
b
b

74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.

b
a
a
b
c
d
c
d
d
b
d
a
a
a
a
d
a
d
b
c
c
c
c
d
a
d
c