- 1. The following are exceptions to the general application of criminal law except:
A) Acts or omissions committed in Philippine ship or airship
B) When the law is favorable to the accused
C) Treaties or treaty stipulations
D) Principle of Public International Law
- 2. A penal law can have a retroactive effect except:
A) When the law is favorable to the accused
B) When the law expressly provides for retroactive application
C) When the law decriminalizes a crime
D) When the offender is habitual criminal
- 3. It is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.
A) Bill of Attainder
B) Res Judicata
C) Pro Reo Doctrine
D) Ex post facto law
- 4. Criminal law is binding on all persons who live or sojourn in Philippine territory. This refers to what characteristic of criminal law?
A) Territoriality
B) Prospectivity
C) Retroactivity
D) Generality
- 5. Which of the following is not one of the sources of Philippine criminal laws?
A) Decisions of the Supreme Court
B) Presidential Decrees issued during Martial Law by Pres. Marcos
C) Special Penal Laws
D) The Revised Penal Code (Act 3815)
- 6. Nullum crimen nulla poena sine lege
A) An act done by me against my will is not my act.
B) The act itself does not make a man guilty unless his intention were so
C) There is no crime where there is no law that defines and punishes it.
- 7. It is one which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act.
A) Pro Reo Doctrine
B) Ex post facto law
C) Bill of Attainder
D) Res Judicata
- 8. If the inculpatory facts and circumstance are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty; and does not suffice to produce a conviction, the same must be denied.
A) Presumption of innocence
B) Pro Reo Doctrine
C) Leniency Doctrine
D) Equipoise Rule
- 9. The primary function of punishment in criminal law is to protect society from potential and actual wrong doers.
A) Eclectic
B) Classical
C) Utilitarian
D) Positivist
- 10. The Revised Penal Code is also known as:
A) Act 5138
B) Act 3815
C) Act 3851
D) Act 3518
- 11. A penal law cannot make an act punishable in a manner in which it was not punishable when committed. As provided in Art. 366 of the RPC, crimes are punished under the laws in force at the time of their commission. This refers to what characteristic of criminal law?
A) Prospectivity
B) Territoriality
C) Generality
D) Retroactivity
- 12. Where does the State derive its authority to define and punish crimes and to lay down the rules of criminal procedure?
A) Power of Taxation
B) Power of Eminent Domain
C) Police Power
D) Legislative Power
- 13. What refers to the branch of municipal public law which defines crimes, treats of their nature and provides for their punishment?
A) Decrees
B) Criminal Law
C) Penal law
D) Public law
- 14. Such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory of the safety of the state is endangered
A) French Rule
B) Philippine rule
C) English Rule
D) Mixed Rule
- 15. What is the purpose of penalty under the Positivist or Realistic theory?
A) Reprimand
B) Reformation
C) Retribution
D) Justice
- 16. This combines the good features of both the classical and the positivist theories.
A) Eclectic
B) Classical
C) Positivist
D) Utilitarian
- 17. Criminal laws undertake to punish crimes committed within Philippine territory. This refers to what characteristic of criminal law?
A) Retroactivity
B) Territoriality
C) Generality
D) Prospectivity
- 18. Which of the following is not included in the coverage of Criminal Law 1?
A) Penalties
B) Circumstances affecting criminal liability
C) Crimes against property
D) Felonies
- 19. All laws must be interpreted liberally in favor of the accused and strictly against the State.
A) Equipoise Rule
B) Pro Reo Doctrine
C) Presumption of innocence
D) Leniency Doctrine
- 20. What is the purpose of penalty under the Classical or Juristic theory?
A) Rehabilitation
B) Retribution
C) Reformation
D) Justice
- 21. A law is penal when the following elements are present except:
A) It must prescribe a penalty
B) The law must define the criminal act;
C) When the act or omission is intentional
D) It must be the act of the Legislature
- 22. The following are elements of felonies except:
A) That there is specific criminal intent
B) There must be an act or omission
C) That the act or omission is punishable by the RPC
D) That the act is performed or the omission incurred by means of dolo or culpa
- 23. It must be understood any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient
A) motive
B) act
C) omission
D) intent
- 24. In mistake of fact, the intention of the accused in performing the act should be _________
A) lawful
B) excusable
C) prohibited
D) unlawful
- 25. By _____________ is meant inaction, the failure to perform a positive duty which one is bound to do. There must be a law requiring the doing or performance of an act.
A) motive
B) intent
C) act
D) omission
- 26. There is __________ when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
A) imprudence
B) fault
C) malice
D) dolo
- 27. In ____________________, the act or omission of the offender is malicious. The act is performed with deliberate intent (with malice).
A) intentional felonies
B) grave felonies
C) heinious crimes
D) culpable felonies
- 28. The following are requisites of dolo except:
A) intent
B) lack of skill
C) freedom
D) intelligence
- 29. The following are considered to be lacking intelligence except:
A) insane
B) minor
C) mentally depressed
D) imbecile
- 30. What is the effect of mistake of fact when there is absence of negligence
A) relieves the accused from criminal liability
B) aggraviates the crime
C) decreases the penalty
D) makes the accused criminaly liable
- 31. A wanted to kill B by shooting him with a pistol. Thinking that a person walking in dark alley was B, A shot the person. It turned out that the person killed was C, the brother of A. A had no intention to kill C.
Can A properly invoke the principle of mistake of fact as his defense?
A) It depends
B) No
C) Maybe
D) Yes
- 32. As a general rule, criminal intent is presumed (general criminal intent). But where intent is an element of the crime (specific criminal intent),
A) it can be excused
B) it must be justified
C) it cannot be presumed but must be established
D) it can be presumed
- 33. In culpable felonies, the injury caused to another should be
A) unintentional
B) prudent
C) intentional
D) malicious
- 34. The following are means to commit culpa except
A) malice
B) negligence
C) imprudence
D) lack of skill
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