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The document discusses the Revised Penal Code of the Philippines and covers topics such as the different types of crimes, elements of crimes, possible defenses, and jurisdictions.

The document discusses attempted, frustrated, and consummated felonies. It also mentions light and serious felonies.

The document mentions elements such as unlawful aggression, reasonable necessity, and lack of provocation for the crime of self-defense. It also discusses stages of execution like attempted and consummated.

GEMINI CRIMINOLOGY ONLINE REVIEW AND TRAINING CENTER, INC.

2017 CRIMINAL LAW AND JURISPRUDENCE 1


INSTRUCTION: Select the correct answer for each of the following question.

1. This law shall be known as "The Revised Penal Code."


a. Act No. 3815 c. Act No. 3851
b. Act No. 3915 d. Act No. 3951
2. It is the method prescribed for the apprehension and prosecution of persons accused of any criminal
offense, and for their punishment, in case of conviction.
a. Criminal procedure c. arrest
b. Criminal jurisdiction d. Custodial investigation
3. Is that branch of municipal law which defines crimes, treats of their nature and provides for their
punishment?
a. Criminal law c. criminal procedure
b. Criminal jurisdiction d. Custodial investigation
4. The following are the chief characteristics of Criminal law except;
a. Prospectivity c. Generality
b. Territoriality d. none of these
5. The authority to hear and try a particular offense and impose the punishment for it.
a. Criminal jurisdiction c. Criminal procedure
b. Criminal justice system d. none of these
6. When is the jurisdiction over the person of the accused acquired?
a. Upon the arrest b. Any peace officer
c. Other public officer charged with the enforcement of the law violated
d. All of these
7. It is a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer, or other public officer charged with the enforcement of the law violated.
a. Information C. Complaint
b. Petition D. None of these
8. It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed
with the court.
a. Information C. Complaint
b. Petition D. None of these
9. Light felonies are punishable only when they have been consummated, with the exception of those
committed against?
a. Crimes against person c. Crimes against person and property
b. Crimes against property d. None of these
10. Who may file a complaint?
a. The offended party b. Any peace officer
c. Other public officer charged with the enforcement of the law violated d. All of these
11. Who must prosecute criminal actions commenced by a complaint or information?
a. By the prosecutor
b. The offended party in cases cognizable by the Municipal Trial Court or Municipal Circuit Trial Court
in the absence of the prosecutor assigned thereto or to the case
c. Any peace officer in case cognizable by the Municipal Trial Court or Municipal Circuit Trial Court in
the absence of the prosecutor assigned thereto or to the case.
d. All of these
12. When the offender commences the commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce the felony by reason of some causes or
accident other than this own spontaneous desistance.
a. Consummated felony c. attempted felony
b. Frustrated felony d. felony
13. When two or more persons come to an agreement concerning the commission of a felony and decide
to commit it.
a. Conspiracy b. proposal
b. light felonies c. both a and b
14. It is the question that arises in a case the resolution of which is a logical antecedent of the issues
involved in said case, and the cognizance in which pertain to another tribunal.
a. Justiceable question c. Prejudicial question
b. Both a and b D. None of these
15. Anyone who acts in defense of his person or rights, provided that the following circumstances are
present except;
a.Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it.
c. Lack of sufficient provocation on the part of the person defending himself.
d. None of the above
16. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance of this Article are present and that the person
defending be not induced by revenge, resentment, or other evil motive falls under what circumstance?
a. Justifying circumstances c. exempting circumstances
b. Mitigating circumstances d. Aggravating circumstances.
17. It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well
founded belief that a crime has been committed and the respondent is probably guilty thereof, and
should be held for trial.
a. Prejudicial question c. Preliminary investigation
b. Cross examination D. None of these
18. Any person who act under the compulsion of irresistible force.
a. Justifying circumstances c. exempting circumstances
b. Mitigating circumstances d. Aggravating circumstances
19. Who may conduct preliminary investigation of election offenses?
a. COMELEC c. Judges of the Regional Trial Court
b. Ombudsman D. None of these
20. One who, at the time of his trial for one crime, shall have been previously convicted by final judgment
of another crime embraced in the same title of this Code.
a. Recidivist c. Habitual delinquency
c. quasi recidivist d. delinquent
21. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.
a. Justifying circumstances c. exempting circumstances
b. Mitigating circumstances d. Aggravating circumstances.
22. That the crime is committed in the night time, or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the offense.
a. Justifying circumstances c. exempting circumstances
b. Mitigating circumstances d. Aggravating circumstances.
23. A legal process issued by the competent authority directing the arrest of a person or persons upon
grounds stated therein.
a. Search and seizure and warrant c. Warrant of arrest
b. Arrest d. None of these
24. The taking of a person into custody in order that he may be bound to answer for the commission of an
offense.
a. Custodial Investigation c. Detention
b. Arrest d.None of these
25. The following are criminally liable for light felonies except;
a. Principal c. Accomplices
b. Accessories d. Both A and C
26. What is the lifetime of a warrant of arrest?
a. 30 days b. 60 days
c. It remains valid until arrest is affected or the warrant is lifted
d. None of these
27. When may a person be arrested without a warrant?
a. When in the presence of the arresting officer or private person, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense.
b. When an offense has just been committed and the arresting officer or private person has probable
cause to believe based on personal knowledge of facts or circumstances that the person to be
arrested has committed it.
c. When the person to be arrested is a prisoner who has escaped from a penal establishment.
d. All of these
28. It is such facts and circumstance which would lead a reasonably discreet and prudent man to believe
that an offense has been committed by the person sought to be arrested.
a. Probable cause b. Personal Knowledge
c. Prejudicial question d. None of these
29. What shall a police officer do if he refused admittance into a building where the person to be arrested
is believed to be in?
a. Leave the building and secure a court order to break into the building.
b. Wait outside until the person to be arrested decides to leave the building.
c. After announcing his authority and purpose, the peace officer may break into any building
enclose where the person to be arrested is or is reasonably believed to be.
d. None of these.
30. The duration of the penalty of arresto mayor shall be from?
a. One month and one day to six months c. one day to thirty days
b. 6 months and 1 day to 6 years d. 6 yeas and I day to 12 years.
31. It is the security given for the release of the person in custody of the law, furnished by the bondsman,
to guarantee his appearance before any court as required under the conditions specified in the rules
of court.
a. Bail C. Promissory note
b. Undertaking D. None of these
32. Which is not a condition of bail?
a. The accused shall appear before the proper court whenever required by the court or the rules.
b. The bondsman shall surrender the accused to the court for execution of the final judgement
c. That in case the accused jump bail, his bail shall be forfeited in favor of the government and his
criminal liability will be extinguished
d. None of these
33. When a single act constitutes two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other?
a. Compound crime c. complex crime
b. composite crime d. None of these
34. Which is one of the qualifications of sureties to a property bond?
a. Each of them must be a resident owner of real estate within the Philippines.
b. Where there is only one surety, his real estate must be worth at least the amount of the
undertaking
c. Both a and b d. None of these
35. If the accused fails to appear the trial, what shall the bondsman do within 30 days as ordered?
a. Must produced the body of their principal or give the reason for his non production
b. Explain satisfactorily why the accused did not appear before the court when first required to do
so.
c. Both a and b
d. None of these
36. Which is one of the rights of the accused at the trial?
a. To be presumed innocent until the contrary is proved beyond reasonable doubt
b. To have speedy, impartial and public trial
c. To be informed of the nature and cause of the accusation
d. All of these
37. Which is an effect of waiver of the right to appear by the accused?
a. There is a waiver of the right to present evidence
b. The prosecution can present evidence if accused fails to appear
c. Both a and b d. None of these
38. Which is not a requirement in trial in absentia?
a. The accused must be arraigned b. The accused must have been duly notified
c. The accused failure to appear must be justifiable d. None of these
39. A kind of immunity statutes, where the evidence obtained cannot be used to prosecute the person.
a. Use and fruits immunity statutes b. Transactional immunity statutes
c. Acquired immunity statutes d. None of these
40. A kind of immunity statutes where the evidence obtained cannot be used against the person in any
criminal prosecution.
a. Use and fruits immunity statutes
b. Transactional immunity statutes
c. Acquired immunity statutes
d. None of these
41. The formal mode of implementing the constitutional right of the accused to be informed of the nature
of the accusations against him.
a. Judgment C. Arraignment
b. Plea D. None of these
42. The peril in which the person is put when he is regularly charged with a crime before any tribunal
property organized and competent to try him.
a. Jeopardy C. Imprisonment
b. Detention D. None of these
43. Which is one of the requirements of double jeopardy?
a. Valid indictment b. Valid plea entered
c. The case is dismissed or terminate with the express consent of the accused
d. Both a and b
44. Which ground for motion to quash is NOT waived even if not alleged?
a. Failure to charge the offense
b. Substantial no-confirmatory to the prescribed form
c. To officer who filed the action not authorized
d. None of these
45. What may be taken up in the pre-trial conference?
a. Plea bargaining C. Stipulation of facts
b. Marking for identification of evidence of the parties D. All of these
46. Which is an instance when the presence of the accused is required such that his bond will be forfeited
if he fails to appear?
a. On arraignment B. For identification purposes
b. Both a and b C. None of these
47. It is the adjudication by the court that accused is guilty or not guilty of the offense charged and the
imposition of the proper penalty and the civil liability.
a. Judgment B. Memorandum decision
b. Conviction D. None of these
48. One of the appellate court may adopt by reference the findings of facts and conclusions of law
contained in the decision appealed from.
a. Judgment B. Memorandum decision
b. Conviction D. Acquittal
49. Civil liability of a person guilty of felony. - Every person criminally liable for a felony is also civilly liable.
a.Art. 100 c. Art. 101
b. Art. 102 d. Art.103
50. When is the approval of Act No. 3815?
a. January 1, 1932 c. January 8, 1932
b. December 1, 1930 d. December 8, 1930
51. Any person who, owing allegiance to the Government of the Philippine Islands, not being a
foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within
the Philippine Islands is guilty of:
a. Treason c. Espionage
b. Misprision of treason d. Violation of neutrality
52. Without authority anyone who enters a warship, fort, or naval or military establishment or
reservation to obtain any information, plans, photographs, or other data of a confidential nature
relative to the defense of the Philippine Archipelago is guilty of:
a. Treason c. Espionage
b. Misprision of treason d. Violation of neutrality
53. latin of Ignorance of the law excuses no one from compliance therewith.
a. ignorantia legis non excusat b. parens patriae
c. res ipsa loquitur d. dura lex sed lex
54. An act which would be an offense against persons or property if it were not for the inherent
impossibility of its accomplishment.
a. compound crime b. Impossible crime
c. complex crime d. Accidental crime
55. Any public officer or employee who, without legal grounds, detains a person is guilty of:
a. Arbitrary detention c. Trespass to dwelling
c. Illegal Detention d. None of the above
56. Alevosia means
a. craft b. Treachery
c. evident premeditation d. Cruelty
57. The law hears before it condemns, proceeds upon inquiry and render judgment after a fair trial.
a. ex post facto law b. equal protection of the law
c. rule of law d. due process of law
58. A person if within a period of 10 years from the date of his release or last conviction of the crime
of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty
of any of the said crimes a third time or oftener.
a. recidivist b. quasi-recidivist
c. habitual delinquent d. hardened criminal
59. A kind of evidence which cannot be rebutted or overcome.
a. Primary b. Best
c. Secondary d. Conclusive
60. Juan stabbed Maria using a kitchen knife. However, due to timely medical attention rendered by hospital
doctors, Maria survived the mortal attacked. Juan is guilty of?
a. Consummated felony b. frustrated felony
c. Attempted felony d. None of the above
61. A kind of evidence which cannot be rebutted or overcome.
a. Primary b. Best
c. Secondary d. Conclusive
62. These questions suggest to the witness the answers to which an examining party requires.
a. leading b. Misleading
c. stupid d. Hearsay
63. One who is deprived completely of reason or discernment and freedom of the will at the time of
the commission of the crime?
a. discernment b. Insanity
c. epilepsy d. Imbecility
64. The quality by which an act may be ascribed to a person as its owner or author.
a. responsibility b. Duty
c. guilt d. Imputability
65. Something that happen outside the sway of our will, and although it comes about through some
acts of our will, lies beyond the bounds of humanly foreseeable consequences.
a. fortuitous event b. Fate
c. accident d. Destiny
66. A sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer or other public officer charged with the enforcement of the law violated.
a. subpoena b. Information
c. complaint d. Writ
67. This right of the accused is founded on the principle of justice and is intended not to protect the
guilty but to prevent as far as human agencies can, the conviction of an innocent person.
a. right to due process of law b. presumption of innocence
c. right to remain silent d. right against self-incrimination
68. Known in other countries as the body of principles, practices, usages and rules of action which
are not recognized in our country.
a. penal laws b. special laws
c. common laws d. statutory laws
69. Circumstances wherein there is an absence in the agent of the crime any of all the conditions
that would make an act voluntary and hence, though there is no criminal liability there is civil
liability.
a. exempting b. Alternative
c. justifying d. Aggravating
70. Circumstances wherein the acts of the person are in accordance with the law, hence, incurs no criminal and
civil liability.
a. exempting b. Alternative
c. justifying d. Aggravating
71. When the offender enjoys and delights in making his victim suffer slowly and gradually causing
him unnecessary physical pain in the consummation of the criminal act.
a. ignominy b. Cruelty
c. treachery d. Masochism
72. A method fixed by law for the apprehension and prosecution of persons alleged to have
committed a crime, and for their punishment in case of conviction.
a. Criminal Law b. Criminal Evidence
c. Criminal Procedure d. Criminal Jurisprudence
73. The period of prescription of crimes punishable by death.
a. 20 years b. 15 years
c. 10 years d. 40 years
74. Persons who take direct part in the execution of a crime.
a. accomplices b. Accessories
c. instigators d. Principals
75. A crime against honor which is committed by performing any act which casts dishonor, discredit,
or contempt upon another person.
a. libel b. slander by deed
c. incriminating innocent person d. intriguing against honor
76. The improper performance of some act which might lawfully be done.
a. misfeasance b. Malfeasance
c. nonfeasance d. Dereliction
77. A sworn statement in writing, made upon oath before an authorized magistrate or officer.
a. subpoena b. Writ
c. warrant d. Affidavit
78. Any person or persons who, without a public uprising, shall employ force or intimidation for the
attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or
shall attack, employ force, or seriously intimidate or resist any person in authority or any of his
agents, while engaged in the performance of official duties, or on occasion of such performance.
a. direct assault b. indirect assault
b. Physical injury d. None of the above
79. A special aggravating circumstance where a person, after having been convicted by final
judgment, shall commit a new felony before beginning to serve such sentence, or while serving
the same.
a. quasi-recidivism b. Recidivism
c. reiteracion d. Charivari
80. Which of the following is not a person in authority?
a. Municipal mayor b. Private School Teacher
c. Police Officer d. Municipal Councilor
81. In its general sense, it is the raising of commotions or disturbances in the State.
a. Sedition b. Rebellion
c. Treason d. Coup d’ etat
82. The period of validity of a search warrant from its issuance.
a. 30 days b. 15 days
c. 10 days d. 60 days
83. The detention of a person without legal grounds by a public officer or employee.
a. illegal detention b. Arbitrary detention
c. compulsory detention d. Unauthorized detention
84. A breach of allegiance to a government, committed by a person who owes allegiance to it.
a. treason b. espionage
c. rebellion d. coup d’ etat
85. A building or structure, exclusively used for rest and comfort.
a. sanctuary b. Prison
c. jail d. Dwelling
86. The mental capacity to understand the difference between right and wrong.
a. treachery b. Premeditation
c. recidivism d. Discernment
87. Conspiracy to commit this felony is punishable under the law.
a. Estafa b. Murder
c. Rebellion d. Rape
88. It means that the resulting injury is greater than that which is intended.
a. Aberratio ictus b. Error in personae
c. Dura Lex Sed lex d. Praeter Intentionem
89. It means mistake in the blow.
a. Aberratio Ictus b. Error in Personae
c. Dura lex sed lex d. Praeter Intentionem
90. A stage of execution when all the elements necessary for its execution and accomplishment are
present.
a. Attempted b. Frustrated
c. Consummated d. Accomplished
91. An act or omission which is the result of a misapprehension of facts that is voluntary but not
intentional.
a. Absolutory Cause b. Mistake of facts
c. Conspiracy d. Felony
92. Mario while on his way to his house saw Johnny Bravo, his brother in law being mauled by three bystanders.
The three bystanders did maul Johnny Bravo because the latter who is drunk urinated in their presence and they
felt insulted. Mario even if he knew what Johnny Bravo did still defended him thus resulting to serious physical
injuries to the bystanders. This is the case of :
a. Self Defense b. Defense of Relatives
c. Serious Physical Injuries d. Defense of Strangers
93. Felonies where the acts or omissions of the offender are malicious.
a. Culpable b. Intentional
c. Deliberate d. Inculpable
94. It indicates deficiency of perception.
a. Negligence b. Diligence
c. Imprudence d. Inference
95. Acts and omissions punishable by special penal laws.
a. Offenses b. Misdemeanours
c. Felonies d. Ordinances
96. A character of Criminal Law, making it binding upon all persons who live or sojourn in the
Philippines.
a. General b. Territorial
c. Prospective d. Retroactive
97. A legislative act which inflicts punishment without judicial trial.
a. Bill of Attainder b. Bill of Rights
c. Ex Post Facto Law d. Penal Law
98. The taking of a person into custody in order that he may bound to answer for the commission of
an offense.
a. Search b. Seizure c. Arrest
b. Detention
99. Pedro stole the cow of Juan. What was the crime committed?
a. Robbery b. Farm Theft
c. Qualified Theft d. Simple Theft
100. Pedro, a 21 years old man had sexual intercourse with her 11 year old girlfriend without threat,
force or intimidation. What was the crime committed?
a. Child rape b. Qualified Rape
c. Statutory Rape d. None

ETEEAP
AUTHENTICATED BY:
NAME: _________________
DATE: ________________
CENTER OF EQUIVALENCY
AND ACCREDITATION
PHINMA EDUCATION NETWORK

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