- 1. It is the act of discontinuing the execution of the felony which will negative criminal liability of the offender when done during the attempted stage. It is an absolutory cause which negates criminal liability because the law encourages desistance from committing a crime.
A) Resistance
B) Persistence
C) Existence
D) Desistance
- 2. Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Forty thousand pesos.
A) Unintentional felonies
B) Light felonies
C) Casual felonies
D) Minor felonies
- 3. The following are light felonies, except:
A) Intriguing against honor
B) Malicious mischief
C) Homicide
D) Theft
- 4. They are always consummated because the offender cannot perform all the acts necessary to execute the offense without consummating it.
A) Formal crimes
B) None of these.
C) Traditional crimes
D) Informal crimes
- 5. When the offender commences the commission of an offense directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
A) Frustrated
B) Attempted
C) Disrupted
D) Interrupted
- 6. When all the acts necessary for its accomplishment and execution are present. The offender does not have to do anything else to consummate the offense. He has already reached the objective stage of the offense as he no longer has control of his acts having already performed all that is necessary to accomplish his purpose.
A) Frustrated
B) Contemplated
C) Attempted
D) Consummated
- 7. It changes the criminal liability of all the accused and makes them answerable as co-principals regardless of the degree of their participation in the crime. Their liability becomes collective, with each participant deemed equally responsible for the acts of the others.
A) Sabotage
B) Conspiracy
C) Agreement
D) Treachery
- 8. When the offender has performed all the acts necessary to accomplish the crime and may either be frustrated when the crime does not result notwithstanding or, consummated when the crime is produced.
A) Interrupted stage of a felony
B) Disrupted stage of a felony
C) Subjective phase of a felony
D) Objective phase of a felony
- 9. What is the "proper decision" that the court should render if it tried a case for an act which is not yet punishable by law?
A) If the act is evil, convict the accused.
B) If the act is reprehensible, convict the accused
C) The court should render a decision of acquittal or order the dismissal of the case
D) The court should convict the accused
- 10. When the offender performs all the acts which would produce the felony as a consequence, but the felony was not produced by reason of causes independent of the will of the perpetrator. The offender has reached the objective stage because no further action is required on his part. Unlike in consummated felony, however, the offense was still not produced because of some causes independent of the will of the offender.
A) Frustrated felony
B) Contemplated felony
C) Consummated felony
- 11. Acts which still require another act so that a felony will result.
A) Preparatory acts
B) Accessory acts
C) None of these.
D) Disrupted acts
- 12. "The act of one is the act of all." This relates to:
A) Motive
B) Conspiracy
C) Intent
D) Agreement
- 13. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of.
A) poverty
B) wealth
C) uneducational
D) unemployed
- 14. This is a security given for the release of the person in custody of the law. The right to bail is cognate to the fundamental right to be presumed innocent.
A) sureties
B) recognizance
C) punishment
D) bail
- 15. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
A) continue
B) proceed
C) special
D) suspended
- 16. All persons, except of those charged with offenses punishable by when evidence is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as maybe provided by law.
A) Death Penalty
B) Reclusion Temporal
C) Prision Mayor
D) Reclusion Perpetua
- 17. It includes freedom to choose and change once abode and freedom to travel within the country and outside.
A) Liberty of abode and the right to travel
B) Non-impairment clause
C) Right to information
D) The right to self-organization-
- 18. Which of the following is true about the right of accused?
A) To have competent and independent counsel preferably of his family choice
B) Any person under investigation for the commission of an offense shall have no right to be informed of his right to remain silent
C) Any confession or admission obtained in violation of this or Section 17 hereof shall be admissible in evidence against him
D) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will of accused
- 19. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to shall not be
A) obliged
B) mandatory
C) pretend
D) choice
- 20. There is impairment if a subsequent law changes the terms of contract between the parties, imposes new conditions, dispenses with those agreed upon or withdraws remedies for the enforcement of the rights of the parties. This statement is:
A) false
B) maybe true
C) true
D) maybe false
- 21. It is also referring to the right to engage in peaceful concerted activities or to participate in policy and decision-making processes affecting their rights and benefits.
A) The right of the people
B) Right to information
C) right to travel
D) The right to self-organization
- 22. Excessive bail shall is required. This statement is:
A) true
B) nearly true
C) nearly false
D) false
- 23. The right where the accused cannot be compelled to testify or produce evidence in the criminal case in which he is the accused, or one of the accused. He cannot be compelled to do so even in subpoena or other process in order of the Court.
A) Right to speedy disposition
B) Right against self-incrimination
C) Right to public trial
D) Right to compulsory process
- 24. It means that when a person is charge when an offense and the case is terminated either by acquittal or conviction or any manner without the consent of the accused, he cannot again be charged with the same or identical offense.
A) Double jeopardy
B) Right against cruel, degrading or inhuman punishment
C) Ex-post facto law
D) Right to speedy disposition
- 25. This is the constitutional right to be informed of the nature and cause of the accusation entitles the accused insist that the indictment apprised him or the crime charge with such reasonable certainly that he can make his defense and protect himself after judgment against another prosecution on the same charge.
A) Right to speedy trial
B) Right to informed of the nature and the cause of accusation
C) Right to confront/ cross examine
D) Right to impartial/ fair trial
- 26. It defined as one free from vexatious, capricious and oppressive delay, it's salutary objective" being to assure that an innocent person maybe free from the anxiety and expense from a court litigation
A) Right to speedy trial
B) Right to confront/ cross examine
C) Right to impartial/ fair trial
D) Right to public trial
- 27. The chief purpose of confrontation is to secure the opportunity the cross-examination of the witness against the accused.
A) Right against self-incrimination
B) Right to confront/ cross examine
C) Right to compulsory process
D) Right to public trial
- 28. Is a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the accused afforded his or rights.
A) Right to compulsory process
B) Right to impartial/ fair trial
C) Right against self-incrimination
D) Right to confront/ cross examine
- 29. A trial conducted according to the law in criminal procedure and the rules and regulations free from vexations and capricious delays.
A) Justice on time is justice acquired
B) Justice delays is justice denied
C) Justice on time is justice denied
D) Justice delays is justice acquired
- 30. Defined as a legislative act which inflicts punishment without a trial.
A) Ex-post facto law
B) Bill of attainder
C) Right against cruel, degrading or inhuman punishment
D) Double jeopardy
- 31. It defined the hearing of the case proceeds even without the presence of the accused.
A) Right to public trial
B) Bill of attainder
C) Trial in absentia
D) Right against self-incrimination
- 32. The right of a person against a deliberate and aggravated treatment or punishment inflicted by a person in authority or agent of a person in authority against a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement to the latter.
A) Ex-post facto law
B) Bill of attainder
C) Double jeopardy
D) Right against cruel, degrading or inhuman punishment
- 33. What is the duty of the court when the penalty prescribed for a felony is excessive?
A) Acquit the accused.
B) The court should call the attention of the President on the matter.
- 34. There is a crime committed but no criminal liability arises. This is true in:
A) Mitigating circumstances
B) Aggravating circumstances
C) None of these.
D) Exempting circumstances
- 35. The circumstances affecting criminal liability are the following, except:
A) Motivational circumstances
B) Justifying circumstances
C) Alternative circumstances
D) Exempting circumstances
- 36. The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity.
A) True
B) False
C) As a general rule.
D) None of these.
- 37. During ______ intelligence. the insane acts with
A) Lucid interval
B) Highest sanity
C) Moment of tranquility
D) None of these.
- 38. He is one who, while advanced in age, has a mental development comparable to that of children between the two and seven years of age.
A) Imbecile
B) Insane
C) Introvert
D) Extrovert
- 39. The exemption from punishment under exempting circumstances based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.
A) True
B) In most cases.
C) False
D) It depends.
- 40. They are those grounds for exemption from punishment because there is a wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
A) Exempting circumstances
B) Justifying circumstances
C) Aggravating cicumstances
D) Alternative circumstances
- 41. Under the Revised Penal Code, a person must act with malice or negligence to be criminally liable. One who acts without intelligence, freedom of action or intent does not act with malice. On the other hand, one who acts without intelligence, freedom of action or fault does not act with negligence.
A) False
B) True
C) As a general rule.
D) None of these.
- 42. In_____, by the complete absence of any of the conditions which constitute free will or voluntariness of the act, no criminal liability arises.
A) None of these.
B) Aggravating circumstances
C) Alternative circumstances
D) Exempting circumstances
- 43. It means the capacity to understand the difference between right and wrong and the consequences of the wrongful act.
A) Morality
B) Lucidity
C) Discernment
D) Sanity
- 44. It refers to a child who is alleged as, accused of, or being adjudged as, having committed an offense under Philippine laws.
A) Child in Conflict with the Law
B) Criminal Child
C) Youthful Offender
D) Child Criminal
- 45. They are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty.
A) Mitigating circumstances
B) Alleviating circumstances
C) None of these.
D) Exonerating circumstances
- 46. Where the accused is charged with murder as when treachery as a qualifying circumstance is alleged in the information, the fact that there is a generic or privileged mitigating circumstance does not change the felony to homicide.
A) False
B) None of these.
C) True
D) The crime should be changed.
- 47. They are based on the diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender.
A) Alleviating circumstances
B) Mitigating circumstances
C) Exonerating circumstances
D) None of these.
- 48. The accused who was charged with robbery was less that 18 years old. He committed the crime during night time purposely sought, which is an aggravating circumstance.
A) None of these.
B) The mitigating circumstance of minority yields to the aggravating circumstances of nighttime.
C) The aggravating circumstance of night time cannot offset the privileged mitigating circumstance of minority.
D) The mitigating circumstance of minority is offset by the aggravating circumstance of nighttime.
- 49. Cannot be offset by aggravating circumstance.
A) Privileged mitigating
B) Mitigating
C) Standard mitigating
D) Common mitigating
- 50. A _______, to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: (1) He acknowledges his guilt. (2) He wishes to save them the trouble and expense necessarily incurred in the search and capture.
A) Flight
B) Surrender
C) Capitulation
D) Arrest
- 51. It is understood as any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one.
A) Provocation
B) Annoyance
C) Inciting
D) Vexing
- 52. To determine whether the personal offense is grave, the following must be considered, except:
A) Place where the insult was made.
B) Time when the insult was made
C) Political affiliation
D) Social standing of person
- 53. Aggravating circumstances are not presumed.
A) Presumed
B) True
C) None of these.
D) False
- 54. X killed Y in the presence of of the City Mayor. X knows very well the Mayor and aware of his presence. What aggravating circumstance was present?
A) Contempt
B) None of these.
C) That the crime be committed in contempt of rr with insult to the public authorities.
D) Abuse of power.
- 55. X, a policeman on duty, maltreated Y, a detainee. What aggravating circumstance was present in the commission of the crime?
A) That there was evident premeditation.
B) That advantage be taken by the offender of his public position.
C) That treachery was present.
D) None of these.
- 56. Evident premeditation is ____, in robbery, theft, estafa, adultery and ocncubinage.
A) Aggravating
B) Qualifying
C) Specific
D) Inherent
- 57. Alevosia (treachery) qualifies the killing to:
A) Parricide
B) Infanticide
C) Aggravated homicide
D) Murder
- 58. Inherent aggravating circumstances are:
A) Those that must of necessity accompany the commission of the crime.
B) Those that are expected of human nature.
C) Those that goes with the nature of the crime.
D) None of these.
- 59. Aggravating circumstances that change the nature of the crime are:
A) Inherent aggravating circumstances
B) None of these.
C) Specific aggravating circumstances
D) Qualifying aggravating circumstances
- 60. Specific aggravating circumstances are:
A) Those that apply only to particular crimes.
B) Those which are of the same species as the crime charged.
C) Those that are specified by law.
D) None of these.
- 61. Generic aggravating circumstances are:
A) Those that are genus of all crimes.
B) Those that can generally apply to all crimes.
C) Those are general in application.
D) None of these.
- 62. He is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.
A) Repeater
B) Recidivist
C) Delinquent
D) Repeat offender
- 63. In the crime of acts of lasciviousness committed by the father against her daughter is:
A) Justifying
B) Exempting
C) Aggravating
D) Mitigating
- 64. A lawyer who with abuse of his education and learning commits estafa. Such is:
A) Justifying
B) Exempting
C) Mitigating
D) Aggravating
- 65. Relationship is neither mitigating nor aggravating, when relationship is an element of the offense.
A) None of these.
B) True
C) As a general rule.
D) False
- 66. They are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.
A) Similar Circumstances
B) Alternative Circumstances
C) Analogous Circumstances
D) None of these.
- 67. A medical student who was convicted of slander by deed. His education and degree of instruction is:
A) Aggravating
B) Exempting
C) Mitigating
D) Justifying
- 68. Low degree of instruction and education or lacks of it is generally:
A) Mitigating
B) Justifying
C) Aggravating
D) Exempting
- 69. If the intoxication when the crime was committed was habitual, it is:
A) Exempting
B) Aggravating
C) Mitigating
D) Justifying
- 70. In slight physical injuries committed by the father against his son, the relationship is:
A) Exempting
B) Justifying
C) Aggravating
D) Mitigating
- 71. X imbibed several bottles of Red Rose Beer before his killed Y. Intoxication is:
A) Justifying
B) Aggravating
C) Exempting
D) Mitigating
- 72. In the crime of estafa committed by A against B, it appears that A is uneducated and lacks understanding of the consequences of his act of spending the money entrusted to him by B. Lack of education in this case is:
A) Mitigating
B) Justifying
C) Exempting
D) Aggravating
- 73. The presumption is that intoxication is accidental.
A) None of these.
B) True
C) It depends.
D) False
- 74. An alternative circumstance may be taken either as mitigating or aggravating circumstance depending on the relationship, degree or instruction or education of the accused, etc. If X committed a felony of acts of lasciviousness against Y, his very own adoptive daughter already of legal age, how shall such circumstance of relationship be considered?
A) Aggravating circumstance
B) Mitigating circumstance
C) Either as mitigating or aggravating circumstance
D) None of these.
- 75. A lawyer who with abuse of his education and learning commits estafa. Such is:
A) Justifying
B) Exempting
C) Mitigating
D) Aggravating
- 76. They are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability, except in case of act to avoid greater evil in par. 4 of Art. 11.
A) Justifying circumstances
B) Aggravating circumstances
C) Exempting circumstances
- 77. It refers to a a woman who is repeatedly subjected to forceful physical or psychological behaviour by a man in order to coerce he to do something he wants he to do without concern for her rights. There should be a battering cycle of at least twice.
A) Battered woman
B) Abused woman
C) Aggressive woman
D) None of these.
- 78. It is the obligation of suffering the consequences of crime. It is the obligation of taking the penal and civil consequences of the crime.
A) Responsibility
B) Liability
C) Imputability
D) Guilt
- 79. It is equivalent to assault or at least threatened assault of an immediate and imminent kind.
A) Threat
B) Unlawful aggression
C) Assault
D) None of these.
- 80. It is an element of responsibility, for a man cannot be mad to answer for the consequences of a crime unless he is guilty.
A) Motive
B) Guilt
C) Mens rea
D) Conscience
- 81. Defense of other rights include:
A) Defense of right to chastity
B) Defense of home
C) Defense of property
D) All of these.
- 82. It is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put down to the doer as his very own.
A) Responsibility
B) Guilt
C) Liability
D) Imputability
- 83. Any person who acts in obedience to an order issued by a superior for some lawful purpose is not criminally liable.
A) True
B) False
C) None of these.
D) Only if self defense is present.
- 84. The aggression that was begun by the injured party already ceased to exist when the accused attacked him.
A) Self-defense
B) None of these.
C) Aggression
D) Retaliation
- 85. Which of the following is not one of the circumstances which affect criminal liability?
A) Social standing
B) Aggravating circumstances
C) Justifying circumstances
D) Mitigating circumstances
- 86. He is a person who, not being a principal, cooperates in the execution of the offense by previous or simultaneous acts.
A) Accomplice
B) None of these.
C) Principal
D) Accessory
- 87. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished:
A) None of these.
B) Principal by indispensable cooperation
C) Conspirators
D) Cooperating felons
- 88. The active subject in a crime is the:
A) the relatives of the victim
B) the victim
C) criminal
D) the State
- 89. He is one who, having knowledge of the commission of the crime, and without having participated therein, either as principal or accomplice, takes part subsequent to its commission.
A) Instigator
B) Principal
C) Accomplice
D) Accessory
- 90. The passive subject of a crime is:
A) the holder of the injured right
B) the legislator
C) the executor
D) the judiciary
- 91. Those who take direct part in the execution of the act:
A) Principal party
B) Primary suspect
C) Direct party
D) Principal by direct participation
- 92. It exists when two or more persons came to an agreement concerning the commission of a felony and decide to commit it.
A) Entrapment
B) None of these.
C) Conspiracy
D) Instigation
- 93. Principal by inducement:
A) Those who directly force or induce others to commit it.
B) Those who directly joined others to commit it
C) Those who refuse to commit it.
D) None of these.
- 94. Who among the following is the passive subject in a crime?
A) the culprit
B) the perpetrator
C) the injured party
D) None of these.
- 95. The treble division of persons criminally responsible for an offense:
A) rests upon the very nature of their participation in the commission of the crime as principal, accompof their relationship with the perpetrator of the crimelice, or accessory.
B) rests upon the very nature of the crime.
C) rests upon the very nature of their relationship with the perpetrator of the crime
D) rests upon the very stage of the commission of the crime.
- 96. It refers to inaction by which a person may be considered criminally liable when the law requires the performance of a certain act, e.g., failure to assist one's own victim.
A) Omission
B) Intent
C) Fraud
D) Act
- 97. For an act to be considered to be done with malice or dolo, which among the following must be present
A) Freedom
B) Intelligence
C) Intent
D) All of these.
- 98. A inflicted slight physical injuries to B without intention to inflict other injuries. B then attacked A. This is an example of:
A) Intervening cause
B) Proximate cause
C) Retaliation
D) Self-defense
- 99. It is the portion of the acts constituting the felony, starting from the point where the offender begins the commission of the crime to the point where he still has control over his acts.
A) Overt acts
B) Objective phase
C) Subjective phase
D) Attempted felony
- 100. Generally these felonies are punishable only when they have been consummated, with the exemption of those crimes committed against persons or property.
A) Less grave felonies
B) Light felonies
C) All of these.
D) Grave felonies
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