ASIAN PREMIER PROFESSIONAL EDUCATIONAL BUILDERS, INC.

“Por Dios, Patria, Ambiente et Publico.”

ASSESSMENT EXAMINATION IN CRIMINAL LAW 1

DIRECTIONS: ENCIRCLE THE BEST ANSWER.

1. It is an act of the legislature that prohibits certain act and establishes penalties for its
violations.
a. Statute c. Criminal law
b. Bill d. Penal law
2. The classical theory is considered the oldest theory,it is also called
a. eclectic theory c. traditional theory
b. neo classical theory d. positivist theory
3. What is the primary source of the (RPC) criminal law?
a. Old Spanish Penal code c. The Revise Penal Code
b. Presidential decree d. Executive order
4. Who is the chairman of the committee given the instruction to revise the old Penal Code ?
a. Quintin Paredes c. Guliermo Guevarra
b. Rafael Del Pan d. Anacleta Dias
5. Who define whether an act or omission is criminal?
a. The legislative c. The chief executive
b. The supreme court d. Sandigan bayan e. Trial court
6. Which of the following rights of the accused may be waived?
a. Right to confrontation.
b. Right to cross examination.
c. Right to be informed of the nature and cause of accusation against him
d. Some of these
e. All of these
7. It is the body of principles, usage, and rules of action which do not rest for their authority
upon any express and positive declaration of the will of the congress.
a. Criminal law c. Common law crime
b. Ex post facto law d. Special crime
8. No crime is committed if the mind of the person performing the act complaint of is innocent. This
meaning refers to the legal maxim.
a. Salus popoli est suprema lex
b. Lex respecit non prospecit
c. Nullum crimen nula poene sine lege
d. Actus non facit reum nisi mens sit rea
e. Actus me invito factus non est meus actus
9. It is the school of criminology which advocates human free will and believes that man has
capacity to choose between right and wrong. According to it, the purpose of penalty is retribution.
a. Classical c. Positivist
b. Neo-classical d. Eclectic
10. Which among the following is the classification of felonies according to nature ?
a. Intentional felony c. frustrated felony
b. Grave felony d. mala in se
11. Under American laws, American citizen have the right to bear arms. Grace Poe an American who was
vacationing in the Philippines was caught in the airport carrying firearms concealed in her waist.
When apprehended. She argued that under American laws, she as an American has the right to possess
firearms. Grace Poe would probably be.
a. Convicted applying the general characteristic of Phil. Criminal law
b. Convicted applying the territorial characteristic of Phil. criminal law
c. Convicted applying the prospective characteristic of criminal law
d. Acquitted considering that Grace Poe is American citizen.
12. A, with intent to gain, took watch from the pocket of B when A had the watch in his possession,
he found out that it was the watch which he had lost a week before. In other words, the watch belong
to A. what crime is committed by?
a. Grave coercion c. Theft
b.Impossible crime d. Robbery
13. A,B,C, and d all armed with firearms went to X’s house to kill him .after having pinpointed X’s
room all four fired their armalite rifles and riddled the house of x with bullets it so happened
that x did not go home that night A B C,and D are liable for.
a. Attempted murder c. impossible crime
b. Malicious mischief d. Attempted homicide with impossible crime

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14. When committed outside the Philippine territory, our courts DO NOT have jurisdiction over the
crime of
a. Treason c. piracy.
b. espionage. d. rebellion.
15. While his wife was still living, A married C, single, in Hong Kong. After living there for a
couple of years, A and C returned to and settled in Manila. If A and C ceased to have any relation
upon their return to the Philippines. Can A and C be prosecuted for bigamy?
a. No, because they are criminally liable for concubinage
b. No, because only A can be held criminally liable for concubinage.
c. Yes, because, A contracted second marriage while his wife still living
d. No, because the second marriage was celebrated outside the country.
16. Which of the following is a crime malum in se?
Offenses punished by the Revised Election Code, a special law, for the commission or failure to
include a voter’s name in the registry list of voters.
a. Illegal possession of firearms
b. Violation of BP 22 for issuing a bouncing check
c. Offenses defined and punished by the revised Penal code
d. Carnapping law
17. Which of the following is the meaning of the latin maxim Ignorantia facti none excusat?
a. Ignorance of the law c. mistake of fact
b. Mistake in the blow d. mistake in identity
18. What is the classification of felony as to the commission?
a. Culpable felony c. Frustrated homicide
b. Grave felony d. principal
19. This is incurred by a person committing a felony although the wrongful act done be different
from what he intended to commit.
a. Felony c. Criminal liability
b. Civil liability d. Pecuniary liability
20. A and B are mortal enemies as soon as A saw B at a distance, A shot at B. however, because of
poor aim it was not B who was hit but C. consequently, the latter incapacitated to engage his work
for more than 30 days the situation above is called.
a. Aberratio ictus c. Praeter intentionem
b. Error in personae d. mistake of fac
21. Under the facts presented in the above problem, for what crime/crimes do you prosecute A?
a. Serious physical injury
b. Attempted homicide
c. Attempted homicide and serious physical injury
d. Attempted homicide with serious physical injury
22. Under the facts presented in the above problem, what penalty shall be imposed by the court upon
A?
a. The penalty for lesser offense shall be imposed in maximum period
b. The penalty for the most serious offense shall be imposed in maximum period
c. The penalty for the lesser offense shall be imposed in minimum period
d. The penalty for the most serious offense shall be imposed in minimum period
23. X and Y after breaking the wall of bodega through which they entered the same, removed a sack of
sugar from the pile; but they were caught in the act of taking it out through the opening on the
wall. A and B are liable for consummated robbery.
a. True
b. False, A and B are liable for attempted robbery only because the act of taking out
is merely an overt act to commence the crime of robbery
c. False, A and B are liable for consummated trespass to dwelling.
d. False, A and B are liable for attempted robbery because the failure to take out the
sack was due to a cause other than the will of A and B.
24. It is one where the purpose of the offender in performing an act is not certain?
a. Material felonies c. formal crimes
b. Indeterminate offense d. intentional felonies
25. Lamahang was caught in flagranti delicto of detaching one of the wooden boardsof sari sari store
owned by a chinese. He was about to enter the store when he was apprehended .it was the opinion of
the police officer who caught him that he wanted to commit robbery inside the store ,as he was about
to enter the small opening that he himself has made when he was apprehended .what crime was
committed by lamahang.
a. attempted robbery c. Attempted trespass to dwelling
b. trespass to dwelling d. attempted theft
26. Intending to kill his strange wife, Myrna, Anthony mixed poison in her coffee which would
normally killed her after the coffee Myrna felt nauseated and vomited appalled by the suffering and
helplessness of his wife, Anthony took Pity on her and gave her an antidote Myrna recovered
completely after ten days what crime if any is committed by Anthony
a. Frustrated parricide c. physical injury
b. Frustrated murder d. attempted parricide

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27. Joshua saw Pedro his enemy, sleeping at a bench in Burnham Park ,Joshua approached Pedro ,and
stabbed the latter on his abdomen .when Joshua was about to leave ,he saw the watch of Pedro ,Joshua
got the watch .it turned out that Pedro had been dead for four hours already .
a. Joshua is liable for the impossible crime of murder and theft
b. Joshua is liable for the impossible crime of homicide
c. Joshua is liable for impossible crime of homicide and theft
d. Joshua is liable for simple theft only
28. The court found the act committed by the accused appears not punishable by any law but the court
deems it proper to repress such act. In such case the court must do the fallowing acts except one.
Which act cannot be done?
a. The court should acquit the accused of the crime charged
b. The court should dismiss the case against the accused
c. The judge should submit statement to the president, through secretary of justice,
recommending executive clemency.
d. The judge must make a report to the president of the Philippines through the
secretary of justice the reason which induce him to believe that the said act
should be made the subject of penal legislation.
29. The efficient cause uninterrupted by any supervening event without which the result would not
have occurred.
a. Proximate cause c. Immediate cause
b. Remote cause d. None of the above
30. Pedro shoot the victim but the injury is not fatal .what crime was committed?
a. Attempted homicide c. Frustrated homicide
b. Consummated homicide d. Physical injury
31. A custom inspector abstracted a leather belt from the baggage of the Japanese and secreted it in
the drawer of the desk in the custom house where it was found by other custom employee what crime
was committed?
a. Attempted theft c. Frustrated theft
b. Theft d. Robbery
32. A picked the pocket of B, inside of which there was a wallet containing P50.00. Before A could
remove it from the pocket of B, the latter grabbed A’s hand and prevented him from taking it. What
crime is committed by A?
a. Attempted theft c. frustrated theft
b. Theft d. robbery
33. The defendant was a salesman of the Philippine Education Company, after he had received 7,500.00
for the sales of books which he should have given to the cashier. He put it in his pocket with
intent to misappropriate the amount. What crime was committed?
a. Estafa c. frustrated Estafa
b. Attempted Estafa d. robbery
34. Motive is generally IMMATERIAL in determining criminal liability EXCEPT when
a. Several offenders committed the crime but the court wants to ascertain which of
them acted as leader.
b. The evidence of the crime consists of both direct and circumstantial evidenced
c. Ascertaining the degree of penalty that may be imposed on the offender.
d. The evidence of guilt of the accused is circumstantial
35. What is the effect of repeal of penal law if the repeal makes the penalty heavier in the new
law?
a. The law in force at the time of the commission of the commission of the offense
shall be applied
b. The new law shall be applied, except when the offender is habitual delinquent or
when the new law is made not applicable to pending actions or existing causes
of action
c. The crime is obliterated
d. All of the above
36. A stole a chicken under the house of B one evening. Realizing that what he did was wrong, A
returned the chicken to the place under the house of B. What crime if any is committed by A?
a. Attempted theft c. Theft
b. No crime is committed d. trespass to dwelling
37. Unlawful aggression was still existing when the aggressor was injured by the person making
defense.
a. Retaliation c. self defense
b. Provocation d. absolutory caused
38. What justifying circumstances will be invoked, if Pedro defended the husband of his sister in
law?
a. Self defense c. defense of relative
b. Defense of stranger d. avoidance of greater evil or injury
39. When are light felonies punishable?
a. Light felonies are punishable in all stages of execution.
b. Light felonies are punishable only when consummated.

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 c. Light felonies are punishable only when consummated, with the exception of those
committed against persons or property.
d. Light felonies are punishable only when committed against persons or property.
40. It exists when two or more persons come to an agreement concerning the commission of a felony
and decide to commit it.
a. Proposal c. Conspiracy
b. Contract d. Covenant
41. Conspiracy is not a crime but a means to incur criminal liability
a. The statement is false because there are conspiracies especially punished by law
b. The statement is false because conspiracy can be both a crime and a means of
incurring criminal liability
c. The statement is absolutely true
d. The statement is false because conspiracy is an aggravating circumstance
42. The statement is false because conspiracy is qualifying circumstance
Which of the fallowing is not correctional penalty?
a. Suspension c. destierro
b. prision mayor d. Prision correctional e. arresto mayor
43. The following statement on the relationship between the Revised Penal Code and special penal
laws are true:
a. The Revised Penal Code shall have suppletory effect on special penal laws unless
the latter shall specially provide the contrary.
b. The offenses punished under special laws are not subject to the provisions of the
Revised Penal Code
c. The Revised Penal Code shall have suppletory effect on special penal laws when it
uses the nomenclature of penalties under the former.
d. The Revised Penal Code shall have suppletory effect on special penal laws when the
court is given discretion in the application of penalties
44. It is the quality by which an act may be ascribed to a person as its author or owner.
a. Responsibility c. Imputability
b. Guilt d. Penalty
45. There is a crime but by reason of public policy and sentiment there is no penalty imposed.
a. extenuating cause c. entrapment
b. Instigation d. absolutory cause
46. Which of the following statement is not true?
a. In justifying circumstances there’s no civil liability person who acts by virtue of
b. justifying circumstances does not transgress the law because there is nothing
unlawful in the act as well as in the intention of the actor
c. In exempting circumstance there is a crime but there is no criminal
d. In exempting circumstances there is no civil liability
47. Habitual delinquency is limited only to the following six felonies
a. Robbery,Estafa,malversation, theft ,serious Physical injuries ,and less serious
physical injuries
b. Serious physical injuries,less serious physical injuries theft robbery and treason
c. Falsification,robbery, estafa ,theft ,serious physical injuries, and less serious
physical injuries
d. Treason,falsification ,malversation,theft robbery and serious physical injury
48. It is known as group of two or more persons collaborating, confederating, or mutually aiding one
another for purposes of gain in the commission of any crime.
a. Band c. syndicate
b. Cuadrilla d. brigandage
49. takes place when a person at the time of his trial for an offense shall have previously served a
penalty to which the law attaches an equal or greater penalty
a. Recidivism c. habitual delinquency
b. Reiteration d. quasi recidivism
50. A and B forcibly dragged X from his house and killed him at a distance of 200 meters away from
his house.
a. Dwelling is not aggravating because X was not killed in his house
b. Dwelling is not aggravating because x was killed away from his house
c. Dwelling is aggravating because there was disrespect of the sanctity of the house
of x.
d. Dwelling is aggravating because the aggression started from the dwelling of x
51. Which of the following justify the act of the doctor who amputated the leg of the patient to
save his life?
a. Avoidance of greater evil or injury
b. Lawful exercise of office
c. Obedience to an order issued for some lawful purpose
d. lawful exercise of right

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52. A,B and C ganged up on D ,a columnist and anchor of the program SUMBUNGAN NG BAYAN at the NAIA,
as a result of an altercation between B and D , the latter filed a case of physical injuries against
the three respondents .what aggravating circumstances can be alleged against the three respondents
a. Disrespect on account of rank c. treachery
b. Abuse of superior strength d. evident premeditation
53. In 2012, Husband and wife got married. The couple never had a child. On 2013, the wife died
because of heart attacked. On March 8, 2015 while the husband was walking, he saw Biyenan, the
father of wife , being beaten to death by Siga , the tough guy in the place . Upon seeing this, he
shot Siga with his slingshot. Siga fell to the ground and hit his head on the pavement. Siga died as
a consequence. Is John criminally liable?
a. No, the death was an accident
b. No, Husband can invoke defense of relative
c. No, Husband can invoke self-defense
d. No, Husband is in defense of a stranger
54. Who is exempt in all cases from criminal liability?
a. A person under 9 years of age c. An insane
b. An imbecile d. moron
55. What is the legal effect of insanity of the accused after the promulgation of sentence?
a. Exempt from the commission of crime
b. Suspended the execution of the sentence
c. Suspended the trial or arraignment
d. All of the above
56. The following mental disorder or diseases were found to have completely deprived the accused of
intelligence while committing the act which will exempt a person form criminal liability. Which is
exemption?
a. somnambulism c. epilepsy
b. feeble minded d. Kleptomania
57. What is the age of absolute criminal irresponsibility?
a. Over 15 but under 18 c. 15 years old and below
b. 18 years old above d. Over 70 years old of age
58. A child in conflict with the law who is over 15 but under 18 years of age and who is not
exempted from criminal liability because he acted with discernment is entitled to a penalty adjudge.
a. One degree lower c. Two-degree lower
b. Three degree lower d. Four-degree lower
59. The battered woman syndrome
a. Exempts the accuse from civil liability
b. Exempts the accused from criminal liability
c. Exempts the accuse from civil and criminal liability
d. Exempt the accused from civil or criminal liability
60. What is any unjust or improper conduct or act of the offended party capable of exciting or
irritating anyone?
a. accident c. vindication
b. Unjust vexation d. provocation
61. Which of the following words is equivalent to the meaning of the word offense in mitigating
circumstances of vindication of grave offense?
a. Crime c. felony
b. Wrong d. fault
62. Felix was charged with frustrated homicide before the MTC during the arraignment Felix entered a
plea of guilty.
a. The voluntary plea of guilty is mitigating
b. That is considered a voluntary plea of guilty because the case was filed before a
competent court and is therefore a mitigating circumstances
c. The plea of guilt is not mitigating because the case was filed before a court
without jurisdiction
d. None of the above
63. A received an information that he is wanted for killing a certain person,he decided to go to
police station to verify the report . upon knowing the report is true he voluntarily surrenders
himself to police officer may voluntary surrender be appreciated as a mitigating circumstance in
favor of A?
a. Yes. A surrendered to police officer who is agent of person in authority
b. Yes. The surrender of A would save the authorities the trouble and expense for his
arrest.
c. No. A did not unconditionally submit himself to the authorities in. order to
acknowledge his participation in the killing or to save the authorities the trouble
and expenses necessary for his search and capture.
d. No. The surrender to police officer is not a surrender to the proper authorities.
64. The principle which states that the owner of a thing has the right to exclude any person from
the employment and disposal thereof and he can use force to prevent or repel an actual or threatened
physical invasion of his property refers to.

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 a. Self-defense of property
b. Doctrine of self help
c. Concept of actual unlawful aggression
d. Concept of right to reasonable force to protect property right
65. The following are generic aggravating circumstances except.
a. Dwelling c. night time
b. Recidivism d. treachery
66. Which one is included by analogy in the alternative circumstances of the relationship.
a. Relationship of uncle and nephew
b. Relationship of adopted parent and adopted child
c. Adopted brother and sister
d. Spouse
67. Which of the following cases, relationship is exempting?
a. In crimes against person, where the offended party is relative of higher degree
than the offender
b. In the crime of theft, swindling and malicious mischief
c. In crimes against person where the crime committed is less serious physical injury
or slight physical injury and the offended party is relative of a lower degree than
the offender
d. Homicide /murder
68. Pedro who is 25 years old, Robbed and killed Maria, a 69 years old woman
a. The aggravating circumstance of disrespect to the offended party on account of age
and sex can be appreciated against Pedro because of the age and sex of the victim
b. The aggravating circumstances of disrespect to the offended party on account of age
and sex cannot be appreciated against Pedro because the crime committed was robbery
c. The aggravating circumstances of disrespect to the offended party on account of age
and sex can be appreciated against Pedro because Robbery is a crime against property
d. The aggravating circumstances of disrespect to the offended party on account of age
and sex cannot be appreciated against Pedro because Robbery with homicide is basically
a crime against person
69. Epal killed Kupal in the presence of Buraot and Uzisero who were both armed at the time of the
killing Kupal was not able to give a fight because of the presence of Buraot and Uzisero who served
as bodyguard of Epal.
a. The crime is attended by the aggravating circumstance of by a band
b. The crime is attended by the aggravating circumstance of with the aid of armed men
c. The crime is attended by the aggravating circumstance of abuse of superior strength
d. There is no aggravating circumstances that can be appreciated
70. Robert robbed the cellphone of Hanna during, the last bar operation in manila. Robert came to
baguio and gave the cellphone to his girlfriend Rizza, who kept and used it. Robert told rizza that
the cellphone was stolen.
a. Rizza is liable as an accessory for theft under art 308 of the Revised Penal Code,
in relation to art 19 of the same code
b. Rizza is not accessory an accessory but rather a principal for the crime punished
under PD 1612 or the anti fenzing law
c. Rizza is liable as an accomplice for having performed acts previous or simultaneous
to the acts of the principal in the crime of theft
d. Statement A and B are correct
71. X killed Y by stabbing him from behind .X called for Z his brother in law, and told the latter
that he killed Y X asked Z to bury the cadaver of Y to prevent its discovery which Z did
a. Z is an accessory, but he is exempt from liability
b. Z is an accessory, and he is liable
c. Z is an accessory but he is excused from liability pursuant to Art 22 of the RPC
d. Z is an accessory, but he incurs no criminal liability pursuant to art 4 of the RPC
72. A wanted to kill B, He informed his plan to his friend C who upon knowing his plan lend to him
his newly bought 45 pistol which A used in killing C after which Both of them become wanted for
killing B .C went into his Uncle mayor who assist him to hid to elude arrest. what is the liability
of the Mayor?
a. The mayor is accessory because he assists in the escape of principal in the crime
of murder
b. The mayor is accessory because he harbors, conceal and assist in the escape of
person committed any crime
c. The mayor is not an accessory but liable of obstruction of justice because he
assists in the escape of accomplice
d. The mayor is not accessory because the person he assist to escape committed not of
treason.

73. If suspension is imposed as an accessory penalty its duration under Art 27 of the RPC would be.
a. The period of 6 months I days to 6 years’ imprisonment it being a correctional
penalty

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 b. The same period or duration of the penalties of destierro and prision correccional
c. The duration of the principal penalty to which it is attached as an accessory
penalty
d. All of the statement is correct
74. Pardon extended by the chief executive
a. Restores the right to hold a public office and the right of suffrage
b. Exempts the culprit from payment of civil liability imposed upon him by the
sentence
c. Can be exercised only after conviction by final judgment
d. Statement A and B are correct
75. When the principal penalty imposed is prision /arresto and fine the subsidiary imprisonment
under the art 39 of the Revised Penal code shall not exceed.
a. ½ of the period of imprisonment c. 1/3 of the period of imprisonment
b. 1/5 of the period of imprisonment d. ¼ of the period of imprisonment
76. The doctrine which holds that when the term of a penal statute or law are so vague and
incomprehensible that the ordinary man would not even have a simplistic or literal understanding or
construction thereof that the courts would normally consider the penal law or statute as void and
therefore of no force and effect.
a. The pro reo rule c. equipoise rule
b. Void for vagueness rule d. men’s rea
77. Val with intent to killed, stabbed Jimmy and inflicted a serious injury upon him, when val was
about to stab Jimmy again the latter pleaded for mercy that Val spares his life Val took pity upon
Jimmy and voluntary desisted from further attacking Jimmy.
a. Val is not liable for any felony because of his spontaneous desistance
b. Val is liable only for attempted homicide
c. Val is liable for frustrated homicide
d. Val is liable only for physical injuries because of his voluntary desistance which
prevented him from inflicting a mortal wound
78. Po1 Cardo, a policeman pursued an armed prisoner who had just escaped from jail. he fired at the
latter when he refused to be captured. the slug fired from the pistol and hit the leg of the
prisoner and thereafter also hit and injured X a person nearby:
a. PO1, Cardo is criminally liable because he fired at the prisoner.
b. PO1, Cardo is criminally liable because he was committing a wrongful act when he
fired at the prisoner
c. Po1, Cardo, is not criminally liable because being in the fulfillment of a duty he
was not committing a felony
d. PO1, Cardo is not criminally liable because X was at the wrong place and at the
wrong time
79. A who exercises moral authority over B induced B to kill X B attacked X from behind and stabbed
him to death.
a. A is liable for homicide and B for Murder.
b. Both A and B are liable for Murder because of the conspiracy
c. Both a and B are liable for Murder because A is a principal by inducement while B
is a principal by direct participation
d. Both a and B are liable for murder because of the principle the act of one is the
act of all
80. He enjoys diplomatic immunity for any prosecution for a crime committed in the Philippines.
a. Minister plenipontentiary c. ambassador
b. Charge d affairs d. all of the above
81. A rule which provides that crimes committed on board a foreign merchant vessel while on the body
of water of another country are not triable in the country unless they affect the peace and security
of the that country
a. Anglo saxon rule c. French rule
b. English rule d. American rule
82. A shot B but B was not hit. instead C was hit resulting to C’s death. A is liable for death of C
because of the principle
a. Error in personae c. praeter intentionem
b. Aberatio ictus d. proximate cause
83. A big fire razed a row of houses in a thickly populated neighborhood to prevent the spread of
fire, some of the residents demolished several houses. the said persons:
a. Are civilly liable but not criminally liable
b. Are criminally liable and civilly liable
c. Are exempt from both criminal and civil liability
d. Are criminally liable but not civilly liable

84. Romeo rapped his penis with cogon and raped Juliet. the crime is attended by the aggravating
circumstances of.
a. Treachery c. ignominy
b. Cruelty d. scoffing

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85. Xyra complained to her bestfriend, Merly that she had been badly batterd by her husband for so
long, Merly remarked, KUNG AKO SAU PAPATAYIN KO NA LANG YAN, HINDI DAPAT MABUHAY ANG MGA ASAWANG
GANYAN, Xyra killed her husband.
A. Merly is not liable as principal by inducement because of the absence of strong
resolution on the part of Merely
B. Merly is liable as principal by inducement
C. Merly is not liable because a thoughtless expression is not an inducement to commit
a crime
D. Merly is liable because inducement includes suggestion to commit a crime
86. In the following cases the offender is not entitled to any deduction in his preventive
imprisonment except?
a. If the offender is recidivist
b. If the offender is a quasi-recidivist
c. If the offender failed to surrender himself voluntarily for the execution of
sentence
d. None of these
87. It is the conscious and deliberate adoption of means, method, or forms of attack that will
ensure the commission of a crime without risk on the offender arising from the defense to be put up
by the victim.
a. premeditation c. Alevosia
b. Inundation d. employment of means to weaken the defense
88. Which one is not qualifying aggravating circumstances?
a. Price, reward or promise c. Nighttime
b. With the aid of arm men d. scoffing at the corpse of the dead
89.The aggravating circumstances of taking advantage of public position.
a. Can be appreciated in the crime of falsification committed by a notary public in
relation to the performance of his duties.
Is absorbed by the aggravating circumstances of paragraph 5 of Art 14 of the RPC
Requires that the public officer must be in his office at the time of the commission of the crime
Requires that the public officer must have used the influence attached to his office, before it can
be appreciated.
Carlos was convicted of theft in 1980.He served the sentence and was released in 1990 .He served the
sentence and was released in 1990. In 1998. He was convicted of estafa and was released in prison in
2000. In 2006, he was convicted of serious physical injuries.
Carlos is a habitual delinquents c. Carlos is not a habitual delinquents
Carlos liability is aggravated by reiteration d. Carlos is quasi recidivist
Carter killed Dexter in the presence of Joe and Jordan, who were both armed at the time of the
killing .Dexter was not able to give a fight because of the presence of Joe and Jordan who served as
bodyguard of carter.
The crime is attended by the aggravating circumstances of by a band
The crime is attended by the aggravating circumstances of with the aid of armed men
The crime is attended by the aggravating circumstances of abuse of superior strength
There is no aggravating circumstances that can be appreciated
A introduced himself as a municipal mayor as he was pacifying B and C who were fighting inside A
been joint. Not with standing his presence B and C continued to fight until B succeeded in killing
C. what aggravating circumstances is present?
In contempt or insult to the public authority
Disregard of rank
Abuse of confidence
The crime is committed in the presence of the public authorities.
In w/c of the following cases does sex should not be considered as aggravating circumstances?
Direct assault upon a lady teacher
In crime of rape, abduction and seduction
In murder where the accused not being able to take a revenge on the killing of his father
In the crime of coercion, where the accused compelled a woman to go his house against her will
A slapped X.B saw the act committed by a .B stabbed and killed X
A and B both liable for the crime of homicide A as an accomplice and b as principal by direct
participation
A and B are both liable for the crime of homicide as principal by direct participation because they
performed separates acts.
A is liable as principal in the crime of physical injury injuries and B is liable as principal in
the crime of homicide
A is liable as an accomplice to the crime of homicide and b is liable as principal by indispensable
cooperation in the crime of Homicide
Mr Depositor has a bank deposit of P50.000 .He was able to withdraw P150.000 .because of the
manipulation made by Mr Banker, the manager of the bank who certified that Mr depositor has more
than the amount to be withdrawn .
Mr banker is liable as principal by direct participation
Mr banker is liable as principal by indispensable cooperation

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Mr banker is liable as an accomplice
Mr banker is liable as principal by inducement

Criminal law 2

1. The following are generic aggravating circumstance in the crime of treason except .
a. Rape c. cruelty
b. Ignominy d. evident premeditation
2. In the crime of misprision of treason ,the offender is
a. Accessories c. accomplice
b. Principal d. conspirator
3. It is the crime committed by a public officer who discloses to the representative of a foreign nation the contents of the
articles, data or information of a confidential nature relative to the defense of the Philippine archipelago which he has in his
possession by reason of public office he holds?
a. espionage; c. disloyalty;
b. treason; d. Violation of neutrality.
4. The raising without sufficient authorization, of troops within Philippines for the service of the foreign nation against another
nation constitute the crime of______
a. Espionage c.Violation of neutrality
b. Flight to enemy country d. Inciting war and giving motive to reprisal
5. It is communication by means of letter or it may refer to the letters which pass between those who have friendly or business
relation.
a. Neutrality c. Correspondence
b. Internet d. Flight to enemy country
6. The Philippines and Malaysia are at war .armed hostilities have begun .The Philippine Government prohibited flight to
Malaysia Jonathan has a girlfriend named Joana who is based in Malaysia. Jonathan boarded PAL an airplane bound for
Malaysia .before the airplane could take off Jonathan was arrested by members of the civil aviation command Jonathan
committed.
a. attempted flight to enemy’s country c. Frustrated flight to enemy’s country
b. flight to enemy country. D. Violation of RA 6235
7. A fast motor boat attacked a slow moving vessel by boarding upon the same the pirates raped a woman passenger the
pirates committed
a. Piracy with rape c. robbery with homicide
b. Qualified piracy d. robbery and homicide
8. Spo1 Matinik arrested Boy Takas by virtue of a warrant of arrest issued by a court .
a. SPO1 MATINIK HAS TO FILE THE APPRORIATE CASE WITHIN 12,18,OR 36 HOURS PURSUANT TO Art 125 of the RPC
b. Spo1 Matinik has to deliver Boy Takas to the court that issued the warrant of arrest within 12 ,18,or 36 hours pursuant
to Art 125 of the RPC
c. The period of prescribed under Art 125 of the RPC does not apply
d. The period prescribed under Art 125 of the RPC applies but it does not include night time and after office hours
9. It is the crime committed by any person who without reasonable ground shall arrest or detain another for the purpose of
delivering him to the proper authorities.
a. Unlawful arrest c. illegal detention
b. Arbitrary detention d. grave coercion
10. A person is said to be detained when
a. Placed in confinement c. restrain of his liberty
b. Deprived of his liberty d. some of these e all of these
11. The crime of expulsion can be committed by:
a. A public officer c.Private person

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 b. Public employee d.A and B are both correct
12. Mac is the owner of Victory liner .he was informed that Dada his friend was newly appointed as the Regional director of the
Land transportation commission in his place .Mac threw a party in honor of Dada and He (Mac) paid for all the expenses
.Dada attended the party and tagged along his family and relatives .Dada committed.
a. indirect bribery c. direct bribery
b. violation of Ra 3019 d.violation of PD 46
13. When is there no qualified direct assault?
a. When the offender is public officer
b. When the offender uses weapon
c. When the offender gravely insults the victim
d. When the offender lays hands upon a person in authority
14. Spo4 Munar accosted Ciano for alleged jay walking .the truth is that Ciano did not commit the crime .SP04 Munar
threatened to arrest Ciano the latter does not give him P500 Ciano was constrained to give the money .
a. Spo4 Munar is liable for extortion
b. Spo4 Munar is liable for robbery /extortion
c. Spo4 Munar is liable for robbery with intimidation
d. Spo4 Munar is liable for violation of the anti-graft
15. The following are person in authority, except.
a. Chief of police c. Barangay captain
b. Mayor d. Director of the post e. Post master
16. What is the crime committed where the accused struck the policeman on the breast with a fist the latter was arresting the
said accused?
a. Direct assault c. Indirect assault
b. Resistance and serious disobedience d. Physical injury
17. It is the crime committed by a brgy. captain who made an actual threat on the life of the priest should the latter persist on
his intention to say mass in a barrio chapel.
a. Act offending religious feeling
b. Prohibition ,interruption and dissolution of peaceful meeting
c. Interruption of religious feeling
d. Disturbance of public order
18. Which is not a mode of committing violation of domicile?
a. By entering any dwelling against the will of the owner thereof
b. By searching papers or other effect therein without the previous consent of such owner
c. By refusing to leave the premises after having been surreptitiously entered said dwelling and after having been
required to leave the same
d. When a public officer searched a person outside his dwelling without search warrant and such person is not legally
arrested for an offense.
19. If the public officer, in executing a search warrant for opium, seized books, personal letters, and other property having a
remote or no connection with opium, even if he believed or suspected that they had some relation with opium, such public
officer may be held liable for.
a. Searching domicile without witnesses
b. Search warrant maliciously obtained and abused in the service of those legally obtained
c. Violation of domicile
d. Unjust vexation
20. What is the criminal liability of a police officer who by means of force ,violence and intimidation and without search warrant
search a person outside his dwelling ?
a. Violation of domicile c. trespass to dwelling
b. Grave coercion d. unjust vexation
21. What is the criminal liability, if any, of a mayor who without being authorized by law, compels prostitutes residing in his city
to go to, and live in, another place against her will?
a. The mayor is criminally liable for violation of domicile
b. The mayor is criminally liable for expulsion
c. The mayor is criminally liable for grave coercion
d. The mayor incurs no criminal liability
22. It is the crime committed by a public officer who is participant of the meeting prohibit, or interrupt the holding of a peaceful
meeting or shall dissolve upon the same.
a. Interruption of religious worship
b. Prohibition ,interruption or dissolution of peaceful meeting
c. Disturbance of public order
d. Act tending to prevent the meeting of the assembly or similar body
23. What is the proper charge against a person who, without taking arms or being in open hostility against the Government,
shall incite others to deprive Congress of its legislative powers, by means of speeches or writings?
a. inciting to sedition; c. inciting to rebellion or insurrection;
b. crime against legislative body; d. unlawful use of means of publication or unlawful
24. Councillor Matapat is a city councillor of Baguio .He was prevented by force, intimidation, threats or fraud from attending
the session of the city council by Segundo, a political opponent .Segundo is liable for the crime of.

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 a. Act tending to prevent the meeting of the city council
b. Disturbance of proceeding
c. Violation of parliamentary immunity
d. Crime against legislative body
25. It is the crime committed by any person who behaves while in the presence of the congress or similar body in such manner
as to interrupt its proceeding or to impair the respect due it.
a. Act tending to prevent the meeting of the city council
b. Disturbance of proceeding
c. Violation of parliamentary immunity
d. Crime against legislative body
26. Arresting any member of congress while attending a regular or special session constitutes a crime of violation Parliamentary
immunity, except.
a. When the penalty for the crime committed is higher than prision mayor
b. When the penalty for the crime is committed is higher than reclusion perpetua
c. When the penalty for the crime committed be higher than prision correctional
d. When the penalty for the crime committed be higher than arresto mayor
27. A, B and C organized a meeting in which the audience was incited to the commission of the crime of sedition .some of the
persons present at the meeting were carrying unlicensed firearms. What crime, if any, was committed by A, B, and C, as well
as those who were carrying unlicensed firearms and those who were merely present at the meeting.
a. Inciting to sedition for A,B and C and illegal possession of firearms for those carrying unlicensed firearms
b. Inciting to sedition for A,B and C and those carrying unlicensed firearms
c. Illegal assembly for A,B and C and all those present at the meeting
d. Conspiracy to commit sedition for A,B and C and those present at the meeting
28. They are liable for the crime of illegal association.
a. Members ,officers and presidents of the association
b. Founders ,members of the board and president of the association
c. Founders ,directors,and presidents of the association
d. Incorporators,directors,and member of the association
29. Judge Zaragoza retired from the government service .one day he met Kamlon whom he convicted of a crime while he was
still a judge Kamlon atacked Judge Zaragoza by boxing him on different parts of his body .the motive of Kamlon was to exact
revenge upon the Judge .Kamlon is liable for.
a. Direct assault upon a person in authority c. Sedition
b. Indirect assault d. Physical injuries
30. It is the crime committed by public officer who has a duty to arrest and prosecute the offender did not arrest the offender
committed the crime of homicide .
a. Qualified assault c. direct bribery
b. Qualified bribery d. indirect assault
31. It is the crime committed by a public officer who accepts gifts offered to him by reason of his office.Gulliermo is a PDEA
agent .His team arrested Gizmo for selling two sachets of shabu .gizmo was charged in court for violation of RA 9165 .the
courts summoned Gulliermo to appear and testify despite receipt of the subpoena gulliermo failed to appear several times
without justifiable reasons.
a. Gulliermo is liable for dereliction of duty c. Gulliermo is liable for open disobedience
b. Gulliermo is liable for refusal of assistance d. gulliermo is liable for refusal to discharged public office
32. Jail guard Mendoza let prisoner X kneel over mongo seeds that he scattered under the scorching sun .Jail guard Mendoza is
liable for.
a. Violation of the laws and rules of detention. C. Maltreatment of prisoners
b. Cruelty to prisoners d. Unjust or cruel punishment
33. Spo2 Pedro went to the city jail .he asked the jail guard to bring rusty to him for interrogation .rusty refused to answer the
questions propounded by the policeman .Spo2 Nisperos boxed and kicked Rusty .what crime SP02 Nisperos commit.
a. Maltreatment of prisoner c. Violation of RA 9262
b. Violation of human right law d. Physical injuries
34. When the offenders granted conditional pardon by the president violates the condition of his pardon, he shall return to
prison and shall serve the remaining penalty if the same exceeds.
a. 5 years c. 6 years
b. 7 years d. 8 years
35. The subject matter of the crime of ________is altering or falsifying treasury or bank note or any instrument payable to
bearer or to order.
a. Perjury c. False testimony
b. Forgery d.Falsification of public document
36. It is the crime committed when a person making any outcry tending to incite rebellion or sedition in any meetings,
association or public place.
a. Alarm and scandal c. Disturbance of public order
b. Resistance and serious disobedience d. Grave scandal
37. It is the crime committed when charivari is directed only to a particular individual.
a. Alarm and scandal c. Disturbance of public order
b. Unjust vexations d. Grave scandal

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 38. It is the crime known as dereliction of duty.
a. Betrayal of trust c. Unjust interlocutory order
b. Prevaricacion d. Malfeasance
39. It is the crime committed by a public officer who accept a gifts offered to him by reason of his office.
a. indirect bribery c. violation of RA 3019
b. violation d. direct bribery
40. Regional director of the land transportation commission in his place Juanito threw a party in honor of Revilla and he (Juanito
) paid for all the expenses .Revilla attended the party and tagged along his family and relatives.
a. Indirect bribery c. Direct bribery
b. Violation of Ra 3019 d. Violation of PD 46
41. What is the proper charge against public officers or employees who, being in conspiracy with the rebels, failed to resist a
rebellion by all means in their power, or shall continue to discharge the duties of their offices under the control of the
rebels, or shall accept appointment to office under them?•
a. Disloyalty of public officers or employees; c. Rebellion;
b. Conspiracy to commit rebellion; d. Dereliction of duty.
42. The guard was entrusted with the conveyance or custody of a detention prisoner who escaped through his negligence .what
is the criminal liability of the escaping prisoner?
a. The escaping prisoner does not incur criminal liability
b. The escaping prisoner is liable for evasion through negligence
c. The escaping prisoner is liable for conniving with or consenting to evasion
d. The escaping prisoner is liable for evasion of service of sentence
43. 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 prision mayor?
a. the police officer is criminally for violation of parliamentary immunity because a member of congress is privileged from
arrest while the congress is in session
b. the police officer is criminally liable for disturbance of proceeding because the arrest while congress was in session
c. the police officer incurs no criminal liability because the member of the congress has committed a crime punishable by
a penalty higher than prision mayor
d. The police officer is criminally liable for violation of parliamentary immunity because parliamentary immunity
guarantees a member of congress complete freedom of expression without fear of being arrested while in regular or
special session
44. When any of the object of rebellion is pursued but there is no public uprising in the legal sense the crime is.
a. Rebellion c. Sedition
b. Direct assault d. coup d etat
45. Illegal exaction is committed by a public officer entrusted with the collection of.
a. Taxes ,revenues licenses ,and other fees c. Taxes license ,fees and other impost
b. Taxes, license fees. Revenues d. Taxes ,licenses ,revenues and other impost
46. Who among the following is liable of prohibited transaction?
a. Elected public official c. Appointed public official
b. Any public officer d. Any private person
47. Malversation may be committed by a private person in the following.
a. When he conspires with a private person in committing malversation
b. When he is constituted as a custodian of national ,provincial or municipal funds or property
c. When he is an accomplice or accessory to malversation committed by public officers
d. B and c are correct
48. Period elapsed after such account should be rendered, before a public officer should be held liable of failure of accountable
officer to render account.
a. 1 month c. 2 months
b. 3 months d. 4 months
49. Infidelity in the custody of prisoners can also be committed by any private person to whom.
a. detention prisoner has been confided
b. detention prisoner or prisoner serving sentence has been confided
c. prisoner or person under arrest has been confided.
d. prisoner or person who has escaped has been confided
50. What is the crime committed by a policeman who assigned to guard a prisoner, falls sleep, with the result that the prisoner
escapes.
a. Conniving or consenting with evasion
b. Escape of prisoner under custody of person not a public officer
c. Evasion through negligence
d. Criminal negligence
51. Post office official who retained the mail without forwarding the letters to their destination is guilty of.
a. Malversation and falsification
b. Removal concealment or destruction of document and papers
c. Officer breaking the seal
d. Opening a closed document

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 52. It is the crime committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision, or
order of any superior authority.
a. Opening disobedience
b. Public officer revealing secret of private individual
c. Revelation of secrets by an officer
d. Disobedience to order of superior officer when said order was suspended by inferior officer
53. This is a mock serenade where the offender actually disturbs the peace by using cans, pans, utensils, etc. and constitutes the
crime of alarm and scandal.
a. Indecent exposure c. Public disorder
b. Charivari d. Misdemeano
54. The deliberate assertion of falsehood in a material matter in perjury must be contained in an affidavit and required by law to
be under oath.
a. True c. False, the document need not be shown to.
b. False, oath need not be required by law. D. False, the assertion may be any matter.
55. Abuses against chastity can be committed by any public officer who shall solicit or make immoral or indecent advances to.
a. Woman c. A man and woman
b. A man or woman d. A man and or a woman
56. The crime of ___________ is not committed when the purpose of is to prevent some serious harm to the person entering or
to the occupants or third persons.
a. Trespass to property c. Trespass to dwelling
b. Malicious mischief d. Grave coercion e.A and B
57. _______________ Abortion cannot be committed by the woman herself because it requires infliction of violence against her
person.
a. Intentional c. Unintentional
b. Both d. Culpable
58. Though the offender is the parent, if the victim of the killing is a child less than three days old, the crime is
_______________.
a. Parricide c. Infanticide
b. Abortion d. Murder
59. The chief of police or mayor who prevented the meeting of municipal council is liable of _______
a. disturbance of proceeding
b. act tending to prevent the meeting of the assembly or similar bodies
c. disturbance of public order
d. alarm and scandal
60 They are referred to as person who are directly vested with jurisdiction, whether as an individual or as a member of some
court or government corporation, board or commission.
a. Public officers c. agent of person in authority
b. Person in authority d. deemed as an agent of person in authority
61. A notary public issued a supposed copy of a deed of sale, when in fact no such deed of sale was prepared by him .A is liable
for.
a. Estafa c. Falsification
b. Forgery d. perjury
62. Guard Mendoza let prisoner X kneel over mongo seeds that he scattered under the scorching sun .Jail guard Mendoza is
liable for.
a. Violation of the laws and rules of detention
b. Maltreatment of prisoners
c. Cruelty to prisoners
d. Unjust or cruel punishment
63. What is the proper charge against a lawyer who reveals the secrets of his client learned by him in his professional capacity?
a. The lawyer should be charged with revelation of secrets of private individual.
b. The lawyer should be charged with betrayal of trust.
c. The lawyer should be charged with unauthorized revelation of classified materials.
d. The proper charge against the lawyer should be revealing secrets with abuse of office.
64. It is the improper performance of some act which might lawfully be done.
a. Malfeasance c. Misfeasance
b. Non feasance d. Direlection of duty
65. What is the liability of a person who use fictitious name for the purpose of causing damage to private interest?
a. Using a fictitious name c. Estafa
b. Concealing true name d. Illegal use of uniform and insignia
66. It is one which is contrary to law, or is not supported by evidence
a. Judgment c. Manifestly unjust judgment
b. Unjust judgment d. Interlocutory order.
67. Who among the following persons is not offender in prosecution of offenses negligence and tolerance?
a. Chief of police c. Prosecutor
b. Barangay captain d. Police officer

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 68. It is also known as “crime of the giver” when a private person gives money to a public officer so that he will do something
favorable to the giver.
a. direct bribery c. indirect bribery
b. corruption of a public official d. accused is pregnant
69. It is a crime of giving a public officer money or any gift in consideration of his position or office
a. direct bribery c. indirect bribery
b. corruption of a public official d. qualified bribery
70. This crime is committed by a public officer who will refrain from prosecuting offender in consideration of a price or gift and
the crime is punishable by reclusion perpetua and /or death.
a. Indirect bribery c. Qualified bribery
b. Direct bribery d. Corruption of public officers
71. What is the crime committed when a person entered the close premises without consent of its owner and stay there
without lawful purpose .
a. Trespass to dwelling c. theft
b. Vagrant d. trespass to property
72. It is the crime committed when a public officer uses public funds for another public use other than the purpose for which
the fund is intended.
a. illegal use of public funds c. malversation of public funds
b. plunder d. none of the above
73. What crime is committed by a public officer who, before the acceptance of his resignation, shall abandon his office to the
detriment of the public service in order to evade the discharge of the duties of preventing, prosecuting or punishing the
crime of treason?
a. abandonment of office or position; c. qualified abandonment of office;
b. misprision of treason; d. Negligence in the prosecution of offense.
74. What crime is committed when a person assumes the performance of duties and powers of a public office or employment
without first being sworn in?
a. anticipation of duties of a public office; c. usurpation of authority;
b. prohibited transaction; d. unlawful appointment.
75. AA was appointed for a two-year term to serve the unexpired portion of a resigned public official. Despite being disqualified
after the lapse of the two-year term, PA continued to exercise the duties and powers of the public office to which appointed.
What is the criminal liability of AA?
a. AA is criminally liable for malfeasance in office.
b. AA is criminally liable for prolonging performance of duties and powers
c. AA is criminally liable for disobeying request for disqualification.
d. AA incurs no criminal liability because there is no indication that he caused prejudice to anyone.
76. Johnny and Carmela do not believe in the sanctity of marriage .they leave together in the concept of husband and wife
.Carmella killed Johnny in the fit of jealousy by cutting off the penis off Johnny.
a. Murder c. Homicide
b. Parricide d. Mutilation
77. In boxing if death blow is intended for the purpose of killing the opponent, the crime is.
a. accidental homicide c. intentional homicide
b. corpus delicti d. homicide through negligence
78. What crime is committed when a person discharged a firearm towards the house of the victim?
a. Discharged of firearm c. Alarm and scandal
b. Attempted homicide d. Malicious mischief
79. Pedro and Maria are having a carnal relation that makes the latter become pregnant .however, they are not yet ready to get
married since they are still studying.so they decided to abort the foetus .Pedro went into a drug store asked Juan
(Pharmacist) and able to buy an abortive drugs without prescription .then Maria use it, that cause the foetus to die. What
crime is committed by Pedro?
a. Intentional abortion
b. Unintentional abortion
c. Abortion practiced by physician or midwifes
d. Therapeutic abortion
e. Abortion practice by the woman herself
80. What crime is committed by Maria?
a. Intentional abortion
b. Unintentional abortion
c. Abortion practiced by physician or midwifes
d. Dispensing abortives
e. Abortion practice by the woman herself
81. What crime is committed by pharmacist?
a. Intentional abortion
b. Unintentional abortion
c. Abortion practiced by physician or midwifes
d. Dispensing abortives
e. Abortion practice by the woman herself

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 82. Homicide is the killing of any person which does not constitute parricide, murder or infanticide and is not
_______________.
a. Intentional c. Justified
b. Accidental d. Suicide
83. The indispensable elements of death caused in a tumultuous affray are: the persons involved in the affray are not
______________ for the purpose of assaulting and attacking each other, and that the ones who actually killed or inflicted
serious injury to the deceased cannot be _______________.
a. Organized and identified c. Unorganized and unidentifiable
b. Organized and participants in the affray. D. Unorganized and participants in the affray.
84. In the crime of illegal discharged of firearm it is necessary that the firearm be discharged at another but without
___________________.
a. Bullets c. Intent to kill
b. Hitting the victim d. killing the victim
85. When there is no injury but pain is caused to the victim, the crime is _________________.
a. Ill-treatment or maltreatment c. Slight physical injurie
b. Malicious mischief d. Unjust vexation
86. ____________________ is not an element of kidnapping, hence the crime can be committed even such, but when
demanded, the crime becomes kidnapping and serious illegal detention and the penalty shall be death.
a. Ransom c. Deprivation of liberty
b. Coercion d. Threat
87. The distinction between kidnapping with rape and forcible abduction with rape is the presence or absence of
_________________.
a. Taking C. Intent to rape
b. Lewd designs D.Lascivious conduct
88. Highway robbery is different from robbery committed in a highway in that in the former the victim is not:
a. Preconceived. C.Arbitrary
b. Indiscriminate D. Isolated
89. Malicious mischief is destruction of property which is not ________________ and the means used is not ______________.
a. Mail matter and by tearing c. Dwelling and occupation
b. Large cattle and fire d. Vehicle and carnapping
90. B was convicted by final judgment of theft. While serving sentence for such offense, B was found in possession of an
unlicensed firearm. Is B a quasi-recidivist?
a. B is a quasi-recidivist because he was serving sentence when found in possession of an unlicensed firearm.
b. B is not a quasi-recidivist because the offense for which he was serving sentence is different from the second offense.
c. B is not a quasi-recidivist because the second offense is not a felony.
d. B is not a quasi-recidivist because the second offense was committed while still serving for the first offense
91. What crime is committed by a person who kills a three-day old baby?
a. Infanticide; c. homicide;
b. Murder; d. parricide.
92. Miguel engaged a group of persons into a fight .He stabbed and killed Nathan not knowing that the latter was his son.
a. Miguel is not liable for parricide because he does not know that Nathan is his son.
b. Miguel is liable for parricide because the law does not require knowledge that the victim is his son
c. Miguel is not liable for homicide because he had no intent to kill his own son
d. Miguel is not liable of homicide because of the doctrine of honest mistake of fact
93. Marco and Jane had an altercation .in the course of the heated argument, Marco killed Jane, after killing her, Marco had anal
intercourse with the victim .what was the crime committed?
a. homicide c. Murder
b. scoffing at corpse of the victim d. cruelty
94. A husband surprised his wife with the man inside their room .the wife and the man were both naked and lying in bed .the
husband shouted at them .the man jumped out of the window .the husband chased the man and killed him ,thereafter, the
husband killed his wife .the husband committed.
a. Parricide and homicide
b. death inflicted under exceptional circumstances
c. double homicide
d. Parricide with murder
95. What crime is committed by a person who kills his legitimate brother on the occasion of a public calamity?
a. Parricide; c. homicide;
b. Murder; d. Death caused in a tumultuous affray.
96. Romeo and Julieth are lovers, their parents opposed their relationship because they are close relatives .Romeo and Julieth
were desperately in love to each other .they decided to kill themselves tp prove to their parents that they love each other
till death do us part .Armed with 38 revolver, Romeo and Julieth shot each other .Julieth died but Romeo survived .Romeo is
liable of.
a. Homicide c. Murder
b. Giving assistance to suicide d. Reckless imprudence resulting in homicide
97. The key element in a crime of parricide other than the fact of killing is the relationship of the offender to the victim. Which
one of the following circumstances constitutes parricide?

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 a. Offender killing the illegitimate daughter of his legitimate son.
b. Offender killing his illegitimate grandson.
c. Offender killing his common-law wife.
d. Offender killing his illegitimate mother.
98. What crime is committed when a mother kills the three-day old child of her husband with their daughter?
a. parricide; c. infanticide;
b. murder; d. Homicide.
99. Any order issued by a judge, in the course of the proceeding that does not finally disposes of the case.
a. Procedural order c. interlocutory order
b. Judicial order d. court order

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