CRIMINAL-LAW-AND-JURISPRUDENCE.pptxxxxxx

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1. CRIMINAL LAW AND JURISPRUDENCE PRE-TEST

2. The basis of criminal liability is human free will and the purpose of the penalty is retribution. Classical Theory Positivist Theory Eclectic Theory Utilitarian Theory

3. 2. What is the legal basis for inflicting punishment? Power of Expropriation Power of Taxation Police Power Power of Eminent Domain

4. 3. Which among the following is/are limitation/s on the power of Congress to enact penal laws? Ex post facto law Bill of attainder Equal protection clause All of the above

5. 4. This limitation requires that criminal laws must be of general application and must clearly define the acts and omissions punished as crimes. Ex post facto law Bill of attainder Equal protection clause Due Process clause

6. 5. Whenever a person is under a compulsion of irresistible force or uncontrollable fear to do an act against his will, in which that act produces a crime or offense, such person is exempted in any criminal liability arising from said act. Nullum crimen nulla poena sine lege Actus non facit reum , nisi mens sit rea Doctrine of Pro Reo Actus me invito factus non est meus actus

7. 6. It is an act committed or omitted in violation of a public law forbidding or commanding it. Felony Offense Infraction Crime

8. 7. An employee of the penal establishment who does not have the custody of the prisoner is liable for: Delivering prisoner form jail Infidelity in the custody of prisoner Conniving with or consenting to evasion Evasion thru negligence

9. 8. Which among the following violations under special penal laws is considered malum prohibitum? Graft and Corrupt Practices Acts (R.A. 3019) Piracy in Philippine Waters (P.D. No. 532) Brigandage in the highways (P.D. No. 532) Plunder (R.A. 7080)

10. 9. It means the law will have application even outside the territorial jurisdiction of the State. Intraterritoriality Extraterritoriality Exterritoriality Territoriality

11. 10. Pingris went to NAIA and boarded an airship of the PAL destined for USA. As the airship passes the Pacific Ocean, Pingris killed Rendon, a fellow passenger. Which Court can try the case of murder committed by Pingris ? U.S. Courts Philippine Courts Either a or b Both a and b

12. 11. Which among the following does not belong to the group? Deficiency in action Lack of skill Failure to take necessary precaution to avoid injury to another Failure to pay proper attention and to use due diligence in foreseeing injury or damage to be caused

13. 12. Which of the following crimes cannot be committed through culpa? Treason Robbery Malicious mischief None of the above

14. 13. In an act to discipline his child, the father claims that the death of his child was not intended by him. Is his contention correct? Yes No True False

15. 14. In this situation, the intended victim was not at the scene of the crime. Error in personae Aberratio ictus Praeter Intentionem Mistake of fact

16. 15. In this situation, the resulting felony cannot be foreseen from the acts of the offender. Error in personae Aberratio ictus Praeter Intentionem Mistake of fact

17. 16. It is known as the crime of last resort. Error in personae Aberratio ictus Praeter Intentionem Impossible crime

18. 17.   The offender has performed until the last act and is no longer in control of its natural course. Objective phase Subjective phase Frustrated felony Consummated felony

19. 18. Enrico went to a nearby videoke bar to buy cigarettes. Once inside the bar, he was stabbed by Simon on his body. When Enrico was rushed to the hospital, he was treated and the doctor testified that the injury suffered by Enrico was fatal and would cause his death were it not for the timely medical attention given to him. Is Simon liable? No Yes for frustrated murder Yes for frustrated homicide Yes for serious physical injuries

20. 19. Jade, a doctor, conceived the idea of killing his wife, Betty. To carry out his plan, he mixed arsenic with the soup of Betty. Soon after taking the poisonous food, Jade suddenly had a change of heart and washed out the stomach of Betty. Jade also gave Betty an antidote. Is Jade liable? No Yes, for frustrated parricide Yes, for frustrated murder Yes, for physical injuries

21. 20. The essence of the crime is sexual congress. Rape Corruption of public officers Physical injury Adultery

22. 21. It is also known as a moving crime. Complex crime Compound Crime Continuous Crime Transitory Crime

23. 22. It is one in which the substance is made up of more than one crime, but which, in the eyes of the law, is only a single indivisible offense. Complex crime Compound Crime Continuous Crime Composite Crime

24. 23. Which of the following is not a special complex crime? Rape with homicide Rape through Forcible Abduction Robbery with serious physical injuries Robbery with Rape

25. 24. It has the effect of an exempting circumstance as it is predicated on lack of voluntariness. Absolutory cause Extenuating circumstance Justifying circumstance Alternative circumstance

26. 25. Who has the burden of evidence of proving the existence of justifying circumstances? Prosecution Accused Witness Court

27. 26. When pleading self-defense, the burden to prove guilt beyond reasonable doubt is on the shoulders of: Accused State Witness Court

28. 27. Is there self-defense even if the aggressor used a toy gun? None Yes Maybe False

29. 28. Kokey claims that the death of Harold was an accident and his act was just for self-defense when his revolver accidentally hit the victim while he was struggling the same with his real enemy, Jade. Is his contention correct? Yes, Kokey can invoke self- defense No, this is aberratio ictus No, this is error in personae No, this is praeter intentionem

30. 29. What does the law require on the weapons used by the one defending himself? Perfect equality Rational Equivalence Almost the same It depends on the situation

31. 30. It is a rule which does not require a person, who is where he has a right to be, to retreat in the face of a rapidly advancing attacker threatening him with a deadly weapon, but entitles him to do whatever he believes is necessary to protect himself from great bodily harm. Stand ground when in the right doctrine Retreat to the wall doctrine Self-defense Right of self- preservation

32. 31. To be classified as a battered woman, the couple must go through the battering cycle at least Once Twice Thrice Multiple Times

33. 32. In Battered Woman Syndrome (BWS), the defense should prove how many phases of cycle of violence characterizing the relationship of the parties. 1 2 3 4

34. 33. Who can prove the existence of a Battered Woman Syndrome? Battered Woman Psychiatrist/Psychologist Prosecution Defense

35. 34. What is the basis for exemption from criminal liability in insanity/imbecility? Lack of intelligence Lack of criminal intent Lack of freedom All of the above

36. 35. What is the basis for exemption from criminal liability of the accused when he was prevented by some lawful or insuperable cause? Lack of intelligence Lack of criminal intent Lack of freedom All of the above

37. 36. In compulsion of irresistible force, compulsion is by means of: Physical fear Physical force Intimidation Threats

38. 37. Clarkson, who was not a member of the band which murdered some American school teachers, was in a plantation gathering bananas. Upon hearing the shooting, he ran. However, Clarkson was seen by the leaders of the band who called him, and striking him with the butts of their guns. They compelled him to bury the bodies. Here: Clarkson is liable as an accessory Clarkson is not liable Clarkson is liable as principal Clark is liable as an accomplice

39. 38. Mitigating circumstances must be present prior to or simultaneously with the commission of the offense except in: Physical defect Sufficient threat or provocation Praeter intentionem Voluntary surrender

40. 39. In case of concealing dishonor by a pregnant woman in abortion, the imposable penalty is lowered by: 1 degree lower 2 degrees lower 3 degrees lower By period only

41. 40. If the offender is over 70 years of age, the effect on criminal liability is: Exempting Circumstance Full Criminal Responsibility Alternative Circumstance Mitigating Circumstance

42. 41. What is the effect of senility? Exempting Circumstance Full Criminal Responsibility Alternative Circumstance Mitigating Circumstance

43. 42. What is the effect of Senile Dementia? Exempting Circumstance Full Criminal Responsibility Alternative Circumstance Mitigating Circumstance

44. 43. The accused escapes from the scene of the crime in order to seek advice from a lawyer, and the latter ordered him to surrender voluntarily to the authorities, which the accused followed by surrendering himself to the municipal mayor. Here: The surrender is no longer mitigating The surrender is mitigating It depends on the appreciation of the Court Any of the above

45. 44. Plea of guilty to a lesser offense is also known as: Conditional plea Absolute plea Qualified plea Disqualified plea

46. 45. Suppose Kokey is deaf and dumb and he has been slandered, he cannot talk so what he did was he got a piece of wood and struck the fellow on the head. Kokey was charged with physical injuries. Here: Kokey is not entitled to a mitigating circumstance Kokey is entitled to a mitigating circumstance A maximum penalty will be imposed upon Kokey Kokey will be entitled to alternative circumstances  

47. 46. Those that generally apply to almost all crimes. Specific Qualifying Special Generic

48. 47. Those that must of necessity accompany the commission of the crime. Specific Qualifying Inherent Generic

49. 48. Quasi-recidivism is an example of what aggravating circumstance? Specific Qualifying Special Generic

50. 49. 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 the RPC. Recidivist Quasi-Recidivist Reiteracion Habitual Delinquent

51. 50. The first crime in 1975 was serious physical injuries, the second crime in 2004 was murder. This is: Recidivism Quasi-Recidivism Reiteracion Habitual Delinquency

52. 51. Enrico followed the unsuspecting victim, Simon when he was going home and thereafter, deliberately stabbed him in the back which resulted in Simon falling to the ground and was thereby further attacked by Enrico. In this case, there is? Aid of armed men Nighttime Means to weaken the defense Treachery

53. 52. In which of the following crimes, ignominy is applicable? Crimes against chastity Less serious physical injuries Light or Grave Coercion All of the above

54. 53. A positive finding for the use of dangerous drugs shall be a: Qualifying aggravating circumstance Special aggravating circumstance Specific aggravating circumstance Inherent aggravating circumstance

55. 54. A first time minor offender under RA 9165, in lieu of imprisonment, may be granted: probation even if the sentence provided under the said law is higher than that provided under existing law on probation community service probation provided only if the penalty does not exceed 6 years; both a and b

56. 55. The passive subject in the commission of a crime. Criminal Injured party Witness Fiscal

57. 56. Where there is conspiracy, the act of one is the act of all. This refers to: Individual criminal responsibility Quasi-collective criminal responsibility Collective criminal responsibility Conspiracy

58. 57. An accomplice is known as: Accessory before the fact Accessory after the fact Accessory during the fact Accessory before and simultaneous the fact

59. 58. Jeremiah wanting to kidnap Charles while playing at a parfk , forced Charles to come with him at a nearby wharf. There, he saw Kokey and Jade ready to leave, with their boats. Kokey , without putting any resistance and fully acquiescing to the acts of Jeremiah allowed him, to transport the kidnapped victim, thereby facilitating the commission of the crime. Is Kokey liable? Yes as an accessory Yes as an accomplice Yes as principal by indispensable cooperation Yes as principal by direct participation

60. 59. The accessory comes into the picture: when the crime is already consummated during the commission of the crime before and after the crime has been consummated before, during and after the commission of the crime

61. 60. Kokey took the cellphone which was snatched by Simon. Here, Kokey is: Fence Principal in the crime of theft Accessory Accomplice

62. 61. Which of the following are generic aggravating circumstances? Recidivism and Reiteracion Recidivism and Quasi- Recidivism Reiteracion and Habitual Delinquency Quasi-Recidivism and Habitual Delinquency

63. 62. Habitual delinquency is used as extraordianry aggravating circumstance on the: 1st conviction 2nd conviction 3rd conviction 4th conviction

64. 63. Under Art. 9 (3), if the fine by the law for a felony is exactly PhP40,000, it is a: Light felony Light penalty Less grave felony Less grave penalty

65. 64. Destierro can be imposed in the following cases except: As a penalty for the concubine in concubinage In cases where after reducing the penalty by 1 or more degrees, destierro is the proper penalty In the crime of grave threat or light threat, when the offender is required to put up a bond for good behavior but failed or refused to do so. In less serious physical injuries under exceptional circumstances

66. 65.   Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from: 20 years 30 years 40 years Upon conviction

67. 66. In case the maximum penalty to which the accused may be sentenced is destierro , he shall be release after days of preventive imprisonment. 20 30 60 181

68. 67. A child in conflict with the law shall be credited in the services of his/her sentence with the _______ spent in the actual commitment and detention. 4/5 Full time 1/5 2/5

69. 68. It is the imposable penalty after taking into consideration certain graduating factors. Prescribed penalty Graduated penalty Indivisible penalty Divisible penalty

70. 69. It is the imposable penalty after taking into consideration certain graduating factors. Prescribed penalty Graduated penalty Indivisible penalty Divisible penalty

71. 70. The prosecution was able to prove that the man is 75 years old. Would you consider the aggravating circumstance of disrespect of age? Yes No It depends Maybe

72. 71. Which of the following best describes the three-fold rule? Material accumulation system Juridical accumulation system Absorption system None of the above

73. 72. The three-fold rule applies if a convict has to serve at least sentences continuously 3 4 5 3 or more

74. 73. Costs in case of conviction are chargeable against: Accused Private complainant Both parties Court

75. 74. Costs in case of acquittal are chargeable against: Accused Private complainant Both parties Court  

76. 75. Probation is a mere privilege and its grant rest solely upon the discretion of the . Court Prosecution Supreme Court Parole and Probation Administration

77. 76. When a judgment of conviction imposing a non- probationable penalty is appealed or reviewed in the Court Appeals and such judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision before such decision becomes final. The application for probation based on the modified decision shall be filed in the: CA SC RTC MTC

78. 77. The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed: 1 year 2 years 3 years 6 years

79. 78. The period of probation of a defendant sentenced to a term of imprisonment of more than one year shall not exceed: 1 year 2 years 12 years 6 years

80. 79. Arresto Mayor prescribes in years. 1 year 2 years 5 years 10 years

81. 80. Grave slander prescribes in months. 2 months 6 months 1 month 1 year

82. 81. Destierro shall prescribe in : 1 year 6 months 5 years 10 years

83. 82. Kokey killed his wife and buried her in the backyard. He immediately went into hiding in the mountains. Three years later, the bones of Kokey’s wife were discovered by Jade, the gardener. Since Jade had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After 2 years, Betty, the caretaker found the bones and reported matter to the police. After 15 years of hiding, Kokeyt left the country but returned 3 years later to take care of his ailing sibling. Six years thereafter, he was charged but raised the defense of prescription. What crime did Kokey commit? Homicide Murder Parricide None of the above

84. 83. This crime prescribes in how many years? 20 years 15 years 10 years 5 years

85. 84. Is Kokey’s defense tenable? Yes No Maybe It depends

86. 85. Loss or forfeiture of the State to prosecute. Prescription of crimes Prescription of Penalties Pardon by the President Pardon by the Offended party

87. 86. It is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of a foreign nation. Treason Misprision of treason Espionage Correspondence with hostile country

88. 87. Attack from the inside. Piracy Mutiny Treason Espionage

89. 88. A person who commits arbitrary detention likewise violates: Sec. 1, Art. 3, Constitution Sec. 2, Art. 3, Constitution Sec. 4, Art. 3, Constitution Sec. 5, Art. 3, Constitution

90. 89. Can a barangay Chairman be guilty of arbitrary detention? No, he has no authority to arrest and detain Yes, he is a public officer Yes, he has authority to arrest and detain No, especially when he acts in a private capacity

91. 90. What is the length of waiver under Art. 125, RPC in case of light offense? 5 days 10 days 15 days 30 days

92. 91. What is the length of waiver under Art. 125, RPC in cases of serious and less serious offenses? 7-10 days 10-15 days 16-30 days 1-5 days

93. 92. If a public officer, not armed with a search warrant or a warrant of arrest, searches a person outside his dwelling, if violence and intimidation are used, the crime committed is: Searching domicile without witnesses Unjust Vexation Grave Coercion Unlawful Arrest

94. 93. If a public officer, not armed with a search warrant or a warrant of arrest, searches a person outside his dwelling, if there is no violence and intimidation, the crime committed is: Searching domicile without witnesses Unjust Vexation Grave Coercion Unlawful Arrest

95. 94. Suppose Kokey , a suspected pusher lives in a condominium unit. Agents of the PDEA obtained a search warrant but the name of the person in the search warrant did not tally with the address indicated therein. Eventually, Kokey was found but in a different address. Kokey resisted but the agents insisted on the search. Drugs were found and seized and Kokey was prosecuted. Is the search valid? Yes No It depends Maybe

96. 95. The essence of rebellion is public uprising and taking of arms for the purpose of overthrowing the Government by force although it is not necessary that the rebels succeed in overthrowing the Government. If there is no public uprising, the crime is: Coup d’ etat Direct Assault Sedition Inciting to rebellion

97. 96. The ultimate object of this crime is a violation of the public peace or at least such a course of measures as evidently engenders it. Coup d’ etat Direct Assault Sedition Inciting to sedition

98. 97. It is a violation by a subject of his allegiance to his sovereign or the supreme authority of the State. Rebellion Sedition Treason Coup d’ etat

99. 98. What is the criminal liability, if any, of a police officer who, while Congress was in session, arrested a member thereof for committing a crime punishable by a penalty higher than prison mayor? Violation of parliamentary immunity Violation of the doctrine of diplomatic immunity from suit Unlawful arrest No crime  

100. 99. Lydia and Gemma are public school teachers. Lydia’s son was a student of Gemma. Lydia confronted Gemma after learning from her son that Gemma called him a “sissy” while in class. Lydia slapped Gemma in the cheek and pushed her, thereby causing her to fall and hit a wall divider. As a result of Lydia’s violent assault, Gemma suffered a contusion in her ‘maxillary area”, as shown by a medical certificate issued by a doctor and continued to experience abdominal pains. To what crime, if any, is Lydia available? Slander by deed Physical injury Direct assault Indirect Assault

101. 100. What crime is committed by creating noise and annoyance that is directed to a particular person or a family? Alarms and scandal Unjust vexation Charivari Disturbance