Criminal Jurisprudence and Procedure
Principles of Public International Law
Criminal Jurisprudence and Procedure is further
subdivided into:
1. Criminal Law 1 - Study of the Revised Penal Code book 1,
special criminal statutes, Presidential Decrees, and
Letters of Instructions.
2. Criminal Law 2 - Study of the Revised Penal Code book 2
3. Criminal Procedure - Study of the Rules of Court and
Criminal Procedure covering the law on arrest, search and
seizure, Preliminary Investigation and the granting of bail to
an accused person; Rights of the accused person during the
trial and the manner of prosecution of criminal offenses;
Procedures in arraignment and trial and discharge of one of
several defendants as state witness; Rules governing arrest
without warrant and the use of firearms in case of resistance
to an arrest; Study of court decisions regarding arrest and
search and seizure.
4. Criminal Evidence - Study of the fundamental principle of
criminal evidence as embodied in the rules of court.
Civil Law
1. Filed by a private party.
a corporation
an individual person
2. Penalty: a guilty defendant pays the plaintiff for
losses caused by their actions.
no incarceration
Crimes are divided into 2 classes
1. Misdemeanors - less than one year of incarceration
2. Felonies - sentence of one year or more.
During the times of the Romans, a criminal charge meant
presenting the case before the public. Both the person
accused of the crime and the accuser would give speeches
based on their side of the story. The individual with the best
argumentation would determine the outcome of the case.
Criminal Law
1. Filed by the government
2. Penalty: a guilty defendant is punished by
incarceration in jail or prison
fine paid to the government
execution (death penalty)
Criminal law RPC (Book 1)
Criminal Law - a branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.
Characteristics of Criminal Law
1. General 2. Territorial 3. Prospective
General - binding on all persons who reside or sojourn
in the Philippines.
Exceptions:
1. Treaty Stipulation
2. Laws of Preferential Application
3.
ex. 1. Sovereigns and other chief of state
2. Ambassadors, Minister resident, and charges d'
affaires
Note: Consuls, Vice Consuls, and other foreign
commercial representatives cannot claim the privileges
and immunities accorded to ambassadors and
ministers.
Territorial - Penal laws of the Philippines are
enforceable only within its territory.
Exception: Art. 2 of the RPC - binding even on crimes
committed outside the Philippines.
1. Offenses committed while on a Philippine ship or
airship.
2. Forging or counterfeiting any coin or currency note
of the Philippines or obligations and securities issued by
the government.
3. Introduction into the country of the above-
mentioned obligations and securities.
4. While being public officers and employees, an
offense is committed in the exercise of their functions.
5. Crimes against the National Security and the Law of
the Nations.
Prospective - The law does not have any retroactive
effect.
Exception: When the law is favorable to the accused.
Exception to the Exception:
1. The New Law is expressly made inapplicable to
pending actions or existing causes of action.
2. Offender is a habitual criminal.
Theories of Criminal Law
1. Classical Theory - basis is man's free will to choose
between good and evil, that is why more stress is
placed upon the result of the felonious act than upon
the criminal himself. The purpose of penalty is
retribution. The RPC is generally governed by this
theory.
2. Positivist Theory - basis is the sum of social and
economic phenomena which conditions man to do
wrong in spite of or contrary to his volition. This is
exemplified in the provisions on impossible crimes and
habitual delinquency.
3. Mixed Theory - combination of the classical and
positivist theories wherein crimes that are economic
and social in nature should be dealt in a positive
manner. The law is thus more compassionate.
Construction of Penal Laws
1. Liberally construed in favor of offender.
Example: a. The offender must clearly fall within the
terms of the law.
b. An act is criminal only when made so by the statute.
2. In cases of conflict with official translation, original
Spanish text is controlling.
3. No interpretation by analogy.
Limitations on Power of Congress to Enact Penal
Laws
1. Ex Post Facto Law
 2. Bill of Attainder This characteristic of criminal law is known as
3. Law that violates the equal protection clause of the A. General
constitution. B. Territorial
4. Law which imposes cruel and unusual punishments C. Prospective
nor excessive fines. D. Retroactive

9. When the law is favorable to the accused, is an

exception to which characteristic of criminal law.
Criminal Law Review Questions 1
A. General
B. Territorial
1. A Branch of municipal law which defines crimes, C. Prospective
treats of their nature and provides for their D. Retroactive
punishment.
A. Procedural Law 10. A Theory of criminal law, Basis is man's free will to
B. Civil Law choose between good and evil. The purpose of penalty
C. Criminal Law is retribution.
D. Political Law A. Classical Theory
B. Positivist Theory
2. One of the following is not a characteristic of criminal C. Mixed Theory
law. D. None of the above.
A. General
B. Territorial Answer:
C. Prospective
D. Retroactive 1. C
2. D
3. Criminal law is binding on all person who reside or 3. A
sojourn in the Philippines. This characteristic of criminal 4. D
law is known as 5. C
A. General 6. B
B. Territorial 7. D
C. Prospective 8. C
D. Retroactive 9. C
10. A
4. One of the characteristics of criminal law is
generality. Which of the following is not an exception to
the principle of generality.
Criminal Law Review Questions 2
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law 1. Basis is the sum of social and economic phenomena
D. None of the Above which conditions man to do wrong in spite of or
contrary to his volition. This theory of criminal law is
5. One of the following person is not immune from known as
Philippine criminal law. A. Classical Theory
A. Sovereigns and other chief of state B. Positivist Theory
B. Ambassador C. Mixed Theory
C. Consuls D. None of the above
D. Charges d' Affaires
2. In the construction of penal laws, it must be
6. Penal laws of the Philippines are enforceable only ______________ construed in favor of offender.
within its territory. This characteristic of criminal law is A. Strictly
known as B. Liberally
A. General C. Severely
B. Territorial D. Precisely
C. Prospective
D. None of the above 3. Which of the following is not a limitation on power of
congress to enact penal laws.
7. One of the following is not an exception to the A. Ex post facto law
territorial principle of criminal law. B. Bill of Attainder
A. Offenses committed while on Philippine ship or C. Law that violates the equal protection clause of
airship the constitution.
B. Forging or counterfeiting any coin or currency D. None of the Above
note of the Philippines or the obligations and securities
issued by the government. 4. The Revised Penal Code took effect on
C. Crimes committed against national security and A. March 6, 1929
the law of nations. B. March 6, 1930
D. Crimes committed against public order. C. February 1, 1932
D. February 1, 1934
8. Criminal law does not have any retroactive effect.
 5. What determines whether a vessel is a Philippine D. Omission
vessel for purposes of the application of criminal law?
A. Place of Registration 2. There is no crime when there is no law punishing it.
B. Place of Construction In criminal law, this principle is known as
C. Citizenship of the Owner A. Nullum crimen, nulla poene sine lege
D. None of the Above B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
6. Crimes committed aboard foreign vessel within the D. Actus Me Invito Factus Non Est Meus Actus
territorial waters of a country are not triable in the
courts of such country. In Criminal law, this principle is 3. These Felonies are committed by means of deceit
known as (dolo).
A. The Philippine Rule A. Culpable Felonies
B. The English Rule B. Intentional Felonies
C. The French Rule C. Unintentional Felonies
D. None of the Above D. None of the Above

7. Crimes committed aboard a foreign vessel within the 4. These Felonies are committed by means of fault.
territorial waters of a country are triable in the courts A. Culpable Felonies
of such country. In Criminal law, this principle is known B. Intentional Felonies
as C. Unintentional Felonies
A. The Philippine Rule D. None of the Above
B. The English Rule
C. The French Rule 5. This classification of felony has the following
D. None of the Above requisites, freedom, intelligence, and intent.
A. Culpable Felonies
8. For Offenses committed aboard foreign vessel B. Intentional Felonies
committed in Philippine waters. What principle is C. Unintentional Felonies
applicable to the Philippines. D. None of the Above
A. The Philippine Rule
B. The English Rule 6. This classification of felony has the following
C. The French Rule requisites: freedom, intelligence, negligence, and
D. None of the Above imprudence.
A. Culpable Felonies
9. Acts and omissions punishable by the RPC is known B. Intentional Felonies
as C. Unintentional Felonies
A. Felonies D. None of the Above
B. Crimes
C. Misdemeanor 7. Which of the following is not a characteristic of an
D. None of the Above offense mala in se?
A. Moral trait of offender is considered.
10. Acts and omissions punishable by any law is known B. Good Faith is a defense
as C. Mitigating and aggravating circumstances
A. Felonies taken into account in imposing penalty
B. Crimes D. Degree of participation when there is more
C. Misdemeanor than one offender is generally not taken into account
D. None of the Above
8. Which of the following is not a characteristic of an
Answer: offense mala prohibita?
A. Mitigating and aggravating circumstance is not
1. B generally taken into account
2. B B. Degree of accomplishment of the crime is
3. D taken into account only when consummated
4. C C. Good Faith is not a defense
5. A D. Moral trait of offender is considered.
6. C
7. B 9. Moving power which impels one to act.
8. B A. Motive
9. A B. Intent
10. B C. Purpose
D. None of the Above

Criminal Law Review Questions 3 10. Purpose to use a particular means to effect a result.
A. Motive
B. Intent
1. Failure to perform a duty required by law. C. Purpose
A. Exception D. None of the Above
B. Exclusion
C. Avoidance Answer:
 A. Consummated
1. D B. Frustrated
2. A C. Attempted
3. B D. None of the Above
4. A
5. B 8. This Stage in the execution of felonies have the
6. A following elements: a. Offender commences the felony
7. D directly by overt acts b. Does not perform all acts which
8. D would produce the felony c. His acts are not stopped by
9. A his own spontaneous desistance
10. B A. Consummated
B. Frustrated
C. Attempted
Criminal Law Review Questions 4 D. None of the Above

9. In the stages of execution of felonies, the element

1. In Criminal Law, Error in Personae means that all acts of execution are present, must be present
A. Mistake in Identity in
B. Mistake in Blow A. Attempted and Frustrated
C. Lack of intent to commit so grave a wrong B. Attempted and Consummated
D. None of the Above C. Frustrated and Consummated
D. Frustrated and Attempted
2. In Criminal Law, Abberatio Ictus means
A. Mistake in Identity 10. Which of the following do not admit of frustrated
B. Mistake in Blow and attempted stages?
C. Lack of Intent to commit so grave a wrong A. Offenses punishable by special penal laws
D. None of the Above B. Formal Crimes
C. Impossible Crimes
3. In Criminal Law, Praetor Intentionem means D. All of the Above
A. Mistake in Identity
B. Mistake in Blow Answer:
C. Lack of intent to commit so grave a wrong
D. None of the Above 1. A
2. B
4. The cause which in the natural and continuous 3. C
sequence, unbroken by any efficient intervening cause, 4. C
produces the injury without which the result would not 5. D
have occurred. 6. A
A. Immediate Cause 7. B
B. Intervening Cause 8. C
C. Proximate Cause 9. C
D. Natural Cause 10. D

5. Which of the following is not a requisite of an

impossible crime?
Criminal Law Review Questions 5
A. Act would have been an offense against
persons or property
B. Accomplishment is inherently impossible or 1. Which of the following crimes do not admit of
inadequate or ineffectual or ineffectual means are frustrated stage.
employed A. Rape
C. Act is not an actual violation of another B. Bribery
provision of the RPC or of special law. C. Adultery
D. There was no criminal intent D. All of the Above

6. A Stage in the execution of felonies when all the 2. The General Rule is that light felonies are
elements necessary for its execution and punishable only when they have been consummated.
accomplishment are present. One of the following is an exception.
A. Consummated A. If committed against the law of the nation
B. Frustrated B. If committed against public order
C. Attempted C. If committed against persons or property
D. None of the Above D. None of the Above

7. This Stage in the execution of felonies have the 3. Two or more persons come to an agreement for
following elements: a. offender performs all acts of the commission of a felony and they decide to
execution b. All the acts would produce the felony as a commit it.
consequence c. But the felony is not produce d. By A. Proposal
reason of causes independent of the will of the B. Conspiracy
perpetrator. C. Agreement
 D. None of the Above 1.One while advanced in age has a mental development
comparable to that of children between 2 and 7 years
4. A Person has decided to commit a felony and old. He is exempt in all cases from criminal liability.
proposes its execution to some other person. A. Insane
A. Conspiracy to commit a felony B. Imbecile
B. Proposal to commit a felony C. Stupid
C. Agreement to commit a felony D. None of the Above
D. None of the Above
2. One who acts with complete deprivation of
5. Under the RPC, afflictive penalties are imposed for intelligence or reason or without the least discernment
a or with total deprivation of freedom of will.
A. Grave Felonies A. Insane
B. Less Grave Felonies B. Imbecile
C. Light Felonies C. Stupid
D. None of the Above D. None of the Above

6. Under the RPC, Correctional penalties are imposed 3. Offender uses violence or physical force to compel
for a another person to commit a crime.
A. Grave Felonies A. Irresistible Force
B. Less Grave Felonies B. Uncontrollable Fear
C. Light Felonies C. Duress
D. None of the Above D. None of the Above

7. Under the RPC, aresto menor is imposed for a 4. Offender employs intimidation or threat in
A. Grave Felonies compelling another to commit a crime.
B. Less Grave Felonies A. Irresistible Force
C. Light Felonies B. Uncontrollable Fear
D. None of the Above C. Duress
D. None of the Above
8. Light Felonies are punishable by
A. 1 day to 30 days 5. The Juvenile Justice and Welfare Act is known as
B. 1 month and 1 day to 6 months A. R.A. 9343
C. 6 months and 1 day to 6 years B. R.A. 9434
D. 6 years and 1 day to 12 years C. R.A. 9433
D. R.A. 9344
9. Where the act of a person is in accordance with
law, such person is deemed not to have violated the 6. Mental capacity to fully appreciate the consequences
law. of the unlawful act.
A. Mitigating circumstance A. Motive
B. Aggravating circumstance B. Intent
C. Justifying circumstance C. Discernment
D. Exempting circumstance D. None of the Above

10. Grounds for exception from punishment because
there is wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
7. Actus Me Invito Factus Non Est Meus Actus means
A. Any act done by me against my will is not my
act
B. No intent to commit so grave a wrong
C. He who is the cause of the cause is the cause
of the evil caused
D. None of the Above

Answer: 8. Some motive which has lawfully, morally, or

physically prevented a person to do what the law
1. D commands.
2. C A. Absolutory cause
3. B B. Insuperable cause
4. B C. Mitigating circumstance
5. A D. None of the Above
6. B
7. C 9. Where the act committed is a crime but for some
8. A reason of public policy and sentiment, there is no
9. C penalty imposed.
10. D A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
Criminal Law Review Questions 6 D. None of the Above

10. Those which if present in the commission of the

 crime reduces the penalty of the crime but does not C. Inherent aggravating circumstance
erase criminal liability nor change the nature of the D. Qualifying aggravating circumstance
crime.
A. Justifying circumstance 7. In Criminal Law, nighttime as an aggravating
B. Mitigating circumstance circumstance is also referred to as
C. Aggravating circumstance A. Obscuridad
D. Exempting circumstance B. Despoblado
C. Encuadrilla
Answer: D. None of the Above
1. B
2. A 8. In Criminal Law, uninhabited place as an aggravating
3. A circumstance is known as
4. B A. Obscuridad
5. D B. Despoblado
6. C C. Encuadrillia
7. A D. None of the Above
8. B
9. A 9. In Criminal Law, Band to be considered aggravating
10. B A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men
Criminal Law Review Questions 7
10. En Cuadrillia means
1. Any unjust or improper conduct or act of the A. Uninhabited place
offended party, capable of exciting, inciting or irritating B. Band
anyone. C. Nighttime
A. Provocation D. None of the Above
B. Vindication
C. Passion Answer:
D. Obfuscation 1. A
2. D
2. Those which, if attendant in the commission of the 3. A
crime, serve to have the penalty imposed in its 4. C
maximum period provided by law for the offense or 5. D
those that change the nature of the crime. 6. B
A. Justifying circumstances 7. A
B. Mitigating circumstances 8. B
C. Exempting circumstances 9. B
D. Aggravating circumstances 10. B

3. It is a kind of aggravating circumstance which apply

to all crimes. Criminal Law Review Questions 8
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance 1. One who at the time of his trial for one crime, shall
have been previously convicted by final judgment of
D. Inherent aggravating circumstance
another crime embraced in the same title of the RPC.
A. Recidivist
4. A kind of aggravating circumstance that change the
nature of the crime. B. Habitual delinquent
C. Quasi-recidivist
A. Generic aggravating circumstance
B. Specific aggravating circumstance D. None of the Above
C. Qualifying aggravating circumstance
2. All of the following except one is a person in
D. Inherent aggravating circumstance
authority.
A. Barangay Chairman
5. A kind of aggravating circumstance which of
necessity accompany the commission of the crime. B. Barangay Tanod
C. Mayor
A. Generic aggravating circumstance
B. Specific aggravating circumstance D. Governor
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance 3. Where the offender has been previously punished for
an offense to which the law attaches an equal or
greater penalty or for two crimes to which it attaches a
6. A kind of aggravating circumstance which arise
under special conditions to increase the penalty of the lighter penalty. This generic aggravating circumstance
is known as
offense and cannot be offset by mitigating
circumstances. A. Recidivism
B. Habituality
A. Generic aggravating circumstance
B. Special aggravating circumstance C. Multi-recidivism
 D. Quasi-recidivism 4. B
5. B
4. Reiteracion means 6. D
A. Recidivism 7. A
B. Habituality 8. B
C. Multi-recidivism 9. C
D. Quasi-recidivism 10. A
11. C
5. Where a person within a period of ten years from the
date of his release or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, Criminal Law Review Questions 9
estafa, or falsification, is found guilty of the said crimes
a third time or oftener. This extra ordinary aggravating
circumstance is known as 1. When the offender commits any of the crimes
A. Recidivism against the person, employing means, methods or
B. Habitual delinquency forms in the execution thereof which tend directly and
C. Reiteracion specially to insure its execution without risk to himself
D. Quasi-recidivism arising from the defense which the offended party
might make.
6. Where a person commits felony before beginning to A. Evident Premeditation
serve or while serving on a previous conviction for a B. Astucia
felony. This special aggravating circumstance is known C. Disfraz
as D. Treachery
A. Recidivism
B. Reiteracion 2. A Circumstance pertaining to the moral order which
C. Habitual delinquency adds disgrace and obloquy to the material injury
D. Quasi-recidivism caused by the crime.
A. Astucia
7. This aggravating circumstance involves the use of B. Disfraz
intellectual trickery or cunning on the part of the C. Ignominy
accused. D. Obscuridad
A. Craft
B. Fraud 3. This Aggravating Circumstance is present when the
C. Disguise culprit enjoys and delights in making his victim suffer
D. None of the Above slowly and gradually, causing unnecessary physical pain
in the consummation of the criminal act.
8. This aggravating circumstance involves the use of A. Ignominy
insidious words or machinations to induce the victim to B. Cruelty
act in a manner which would enable the offender to C. Obscuridad
carry out his design. D. Disfraz
A. Craft
B. Fraud 4. Which of the following is not one of the three types
C. Disguise of principals?
D. None of the Above A. Principal by Direct Participation
B. Principal by Induction
9. This aggravating circumstance involves resorting to C. Principal by Indispensable Cooperation
any device to conceal identity. D. None of the Above
A. Craft
B. Fraud 5. Persons who do not act as principals but cooperate in
C. Disguise the execution of the offense by previous and
D. None of the Above simultaneous acts, which are not indispensable to the
commission of the crime.
10. Astucia means A. Principal
A. Craft B. Accomplice
B. Fraud C. Accessory
C. Disguise D. None of the Above
D. None of the Above
6. A Person received and used property from another,
11. Disfraz means knowing it was stolen. This is an example of a
A. Craft A. Principal
B. Fraud B. Accomplice
C. Disguise C. Accessory
D. None of the Above D. None of the Above

Answer: 7. Placing a weapon in the hand of the dead who was

1. A unlawfully killed to plant evidence or burying the
2. B deceased who was killed by the mastermind. This is an
3. B example of
 A. A Principal
B. An Accomplice 4. A Theory Justifying penalty where the object of
C. An Accessory punishment in criminal cases is to correct and reform
D. None of the Above the offender.
A. Theory of Prevention
8. This Law penalizes the act of any person who B. Theory of Self-Defense
knowingly or willfully obstructs, impedes, frustrates or C. Theory of Reformation
delays the apprehension of suspects and the D. Theory of Exemplarity
investigation and prosecution of criminal cases.
A. P.D. 1928 5. A Theory justifying penalty where the criminal is
B. P.D. 1892 punished to serve as an example to deter others from
C. P.D. 1829 committing crimes.
D. P.D. 1982 A. Theory of Prevention
B. Theory of Self-Defense
9. This Law penalizes the act, with intent to gain, of C. Theory of Reformation
buying, selling, receiving, possessing, keeping, or in D. Theory of Exemplarity
any other manner dealing in anything of value which a
person knows or should have known to be derived from 6. A Theory justifying penalty, that crime must be
the proceeds of the crime of robbery or theft. punished by the state as an act of retributive justice, a
A. P.D. 1261 vindication of absolute right and moral law violated by
B. P.D. 1216 the criminal.
C. P.D. 1621 A. Theory of Prevention
D. P.D. 1612 B. Theory of Reformation
C. Theory of Exemplarity
10. One of the following accessory is not exempt from D. Theory of Justice
criminal liability.
A. When the Principal is his Spouse 7. A Legislative Act which inflicts punishment without
B. When the Principal is his Ascendant trial.
C. When the Principal is his Descendant A. Bill of Attainder
D. None of the Above B. Ex Post Facto Law
C. Republic Act
Answer: D. None of the Above
1. D
2. C 8. Which of the following is not an Ex Post Facto Law?
3. B A. A Law which makes criminal an act done before
4. D the passage of the law and which was innocent when
5. B done.
6. C B. A Law which aggravates a crime or makes it
7. C greater than it was when committed.
8. C C. A Law which changes the punishment and
9. D inflicts a greater punishment than the law annexed to
10. D the crime when committed.
D. None of the Above

9. Which of the following crimes will not extinguish the

Criminal Law Review Questions 10
criminal liability of the offender even if pardoned by the
offended party?
1. Suffering inflicted by the state for the transgression A. Adultery
of a law. B. Seduction
A. Reward C. Concubinage
B. Advantage D. Homicide
C. Penalty
D. None of the Above 10. Fines when imposed alone as penalty, in the
amount of 201 pesos to 6000 pesos is considered
2. A Theory of justifying penalty to prevent or suppress A. Afflictive Penalty
the danger to the state arising from the criminal act of B. Correctional Penalty
the offender. C. Light Penalty
A. Prevention D. None of the Above
B. Self-Defense
C. Reformation 11. Fines when imposed alone as penalty, over 6000
D. Exemplarity pesos is considered
A. Afflictive penalty
3. A Theory justifying penalty so as to protect society B. Correctional Penalty
from the threat and wrong inflicted by the criminal. C. Light penalty
A. Theory of Prevention D. None of the Above
B. Theory of Self-Defense
C. Theory of Reformation 12. Fines when imposed alone as penalty, in the
D. Theory of Justice amount of 200 pesos and less is considered
 A. Afflictive Penalty
B. Correctional Penalty
C. Light penalty
D. None of the Above

Answer:
1. C
2. A
3. B
4. C
5. D
6. D
7. A
8. D
9. D
10. B
11. A
12. C