Qualifying Examination

CRIMINAL JURISPRUDENCE

GENERAL INSTRUCTIONS:
1. This test questionnaire contains 100 test items.
2. Shade only one (1) box for each question on your answer sheets. Two or
more boxes shaded will invalidate your answer.
3. Avoid erasure
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1. It is a rule of conduct, 5. Basically there are three
just and obligatory laid fundamentals
by legitimate authority characteristics of
for the common observance Criminal Law. What
and benefits. Characteristics of
a. Law Criminal law states that
b. Criminal Law criminal law is binding on
c. Statues all person who live or
d. Remedial law sojourn in the
2. The Latin “Lexis” or Philippines.
“Legis” means _____? a. Generality
a. Legal b. Territoriality
b. Law c. Prospective
c. Jurisprudence d. Retroactive
d. Crime 6.Who incurs criminal liability?
a. Any person committing
3. A legislative act that a felony although the
inflicts punishment wrongful act don be
without trial, its essence different from what
being the substitution of is intended
legislative flat for a b. By any person
judicial determination of performing an act which would
guilt. be an offense against person
a. Ex Post Facto law or property, were in not for
b. Bill of attainder the inherent impossibility of
c. Retroactive law its accomplishment or on
d. Prospective account of the employment or
4. The following are sources inadequate or ineffectual
of Criminal Law. EXCEPT: means.
a. Act 3815 c. By anyone who perform
b. City and Municipal an act resulting from accident
Ordinance d. A and B only.
c. Special Penal Laws 7. What is the capacity to
d. Memorandum know and understand the
consequences of ones act?
 a. Freedom c. Those who introduced
b. Intelligence into the country
c. Deceit obligation and
d. Intent securities mention in
8. The following are crime item b
committed by mistakes d. All of these
which does not operate as 11.Which of the following
an legal maxim means “ There
exemption/Justification, is no crime where there is
EXCEPT: no law punishing it”
a. Aberratio ictus a. Pro reo
b. Error in personae b. Nullum crimen nulla
c. Praeter intentionem poena sine lege
d. Mistake of fact c. Actus non facit reum,
9. Japanese Ambasador Suzuki nisi mens sit rea
Isuzu committed a crime in d. Actus me invito
the Philippines, as a factus non est meus
police officer what should actus
be your course of action? 12.What are those things
a. Arrest him and deport which are wrongful in
him to Japan their nature?
b. Do not arrest for he a. Evil
is exempted from b. Mala in CE
criminal liability c. Mala in Se
c. Report to DFA for d. Mala Prohibita
appropriate action 13.Mr. Roger Bacon with
d. Just put it in record intent to kill, fired his
blotter. gun towards Mr. Berthold
10.Which of the following Schwarts but hitting
refer to extra territorial Alexander John Forsyth.
jurisdiction of the What crime did Roger Bacon
Philippine Criminal Law? committed?
a. Those who committed a. Consummated homicide
an offense while on b. Attempted homicide to
Philippine ship or Mr.Schwarts and
airship even when consummated homicide
outside the to Mr. Forsyth
Philippine territory c. Consumated homicide
b. Those who forged or committed by mistake
counterfeited any in the blow
coin or currency note d. Attempted homicide to
of the Philippines or Mr.Schwarts and
obligations and consummated murder to
securities issued by Mr. Forsyth
the government
14.That cause, which in the inflicted was in
natural and continuous normal health
sequence, unbroken by any b. The death maybe
efficient intervening expected from
cause produces the injury physical injuries
without which the result inflicted
would not have occurred. c. Death ensued within a
a. Proximate reasonable time
b. Immediate cause d. The resulting injury
c. Intervening cause is due to the
d. Probable cause intentional act of
15.A attacked B with a knife. the victim
B ran away and jumped into 17.The following are element
the river to avoid A’s of impossible crime,
attacked. B drowned and EXCEPT:
died. What crime is a. That the act
committed by A if any? performed would be an
a. A is not liable for offense against
the death of B person or property
because he did not b. That the act done
inflict any injury with evil intent
upon B c. That its
b. A is liable only for accomplishment is
grave threats having inherently
inflicted no injury impossible, or the
upon B means employed is
c. A is not liable for either inadequate or
the death of B ineffectual
because the drowning d. That the act does not
of B was an efficient constitute of
intervening cause negligence or
d. A is liable for the imprudence
death of because the 18.X tried to kill Y by
proximate cause of putting in his food a
the latters death was substance which he thought
when he is chasing was an arsenic(poison)
him with a knife when in fact it was just a
16.Death is presumed to be sugar. Y was not killed as
the natural consequences a consequences
of physical injuries a. Mistake in the blow
inflicted in the b. No crime committed
following, EXCEPT: c. Praeter intentionem
a. The victim at the d. Impossible crime
time of physical 19.Is that portion of the
injuries were acts constituting the
 crime, starting from the 22.These are crimes which do
point where the offender not have stages. It is
begins the commission of committed by a single act
the crime to that point or consummated in one
where he has still control instance.
over his acts including a. Material crime
their (acts) natural b. Formal crime
course. c. Informal crimes
a. Subjective phase d. Impossible crimes
b. Objective phase 23. Which of the following is
c. Internal acts NOT a factor in
d. Act of execution determining stage of
20.Mr. Bean with an intent to execution of felony.
kill his wife, went to a a. Nature of the offense
grocery and buy some Dora b. Elements constituting
Rat killer and muriatic the felony
Acid, as he was about to c. Manner of committing
go home, a police officer the felony
arrested him for attempted d. Intent of committing
parricide. Is the Police the crime
right in arresting Mr. 24. The following are the
Bean? elements of frustrated
a. Yes, for there is an felonies, EXCEPT:
act of execution a. The offender performs
b. No, because mere all the acts of
preparatory act is execution
not punishable as a b. All the acts
general rule performed would
c. Yes, there is a clear produce the felony as
intention a consequences but
d. No, because there is the felony is not
no proof that he will produced
use dora rat killer c. By reason of causes
21.A with intent to kill independent on the
aimed his gun at B. A did will of the
not know that the gun was perpetrator
empty. As a result when he d. Due to some cause or
pressed the trigger it did accident other than
not fire. What crime was his own spontaneous
committed by A? desistance.
A. No crime 25.Light felonies as a
B. Attempted felony general rule should only
C. Impossible crime be punished when
D. Attempted homicide consummated, EXCEPT:
 a. On crimes against other than his own
person and chastity spontaneous desistance
b. On crimes against a. Consummated
property and chastity b. Frustrated
c. On crimes against c. Attempted
person and property d. Impossible crime
d. On crimes against 29.The following are
chastity and honor punishable by mere
26.X with intent to kill conspiracy, EXCEPT:
stabbed Y from the back a. Treason
upon passing a dark alley b. Rebellion
inflicting a mortal wound. c. Sedition
X in an attempt to make a d. Terrorism
second attacked decided to 30.Grave felonies are those
turn his back leaving Y. to which the law attaches
What crime was committed the capital punishment or
by X? penalties which in any of
a. Attempted murder their periods are:
b. Consummated murder a. Light
c. Frustrated murder b. Correctional
d. Serious physical c. Afflictive
injury d. Reflective
27.It exists when two or more 31.In case of crimes which
persons come to an are latter subject of
agreement concerning the special penal laws what
commission of a felony and rule of interpretation
decide to commit it. shall be applied?
a. Proposal to commit a a. The RPC shall observe
crimes b. The RPC shall prevail
b. Conspiracy to commit over special laws
crimes c. The RPC will be
c. Conspiracy and supplementary to
proposal to commit special law
crimes d. The special law
d. Instigation to commit should be
crimes supplementary to RPC
28.This takes place when the 32.It is the quality by which
offender commences that an act may be ascribed to
commission of a felony by a person as its author or
overt acts, and does not owner. It implies the act
perform all the act of committed has been freely
execution which should and consciously done and
produce felony by reason may therefore be put down
of some cause or accident to the doer as his very
own.
 a. Guilt a. Unlawful aggression
b. Liability b. Reasonable necessity
c. Responsibility of the means employed
d. Imputability to prevent or repel
33.It is an act of a person it
which are said to be in c. Lack of sufficient
accordance with the law, provocation on the
so that such person is part of the person
deemed not to have defending himself.
transgressed the law and d. None
is free from both criminal 37.A big fire razed a row of
and civil liability. houses in a thickly
a. Justifying populated neighborhood. To
circumstances prevent the spread of
b. Exempting fire, some of the
circumstances residents demolished
c. Mitigating several houses. This
circumstances person are:
d. Aggravating a. Civilly liable but
circumstances not criminally liable
34. Battered woman syndrome b. Criminally and
is a: civilly liable
a. Justifying c. Civilly and
b. aggravating criminally not liable
c. exempting d. Criminally liable but
d. mitigating not civilly liable
35.The following are the 38.Those grounds which makes
requisite for self the person not imputable
defense, EXCEPT: for the offense since
a. Unlawful aggression there is a wanting in the
b. Reasonable necessity agent of the crime of the
of the means employed conditions which make the
to prevent or repel act voluntarily or
it negligent.
c. Lack of sufficient a. Justifying
provocation on the b. Mitigating
part of the person c. Exempting
defending himself. d. Aggravating
d. Lack of intent on the 39.All of the following are
part of the person requisites of “obedience
defending himself to order issued by a
36.It is considered as superior” EXCEPT:
indispensable and most a. An order has been
important element of self issued by a superior
defense.
 b. Such an order was 18 acting without
issued for some discernment
lawful purpose c. Jeremy Bentham who is
c. The means used by the imbicile
subordinate in d. Edwin Sutherland who
carrying the order is insane acting
was lawful
during lucid interval
d. None of these
42.John is born on July 15.
40. Margaret “Ada” Juke
complained to her 2001.In July, 2015 he
bestfreind Ana Nicole committed a crime of theft
Smith that she had been is Joh liable?
seriously battered by her a. Yes for he has
husband for so long. Ana committed a crime
Smith remarked “ kung ako b. Yes, for he knows
sayo patayin ko nalang what he is doing
siya, walang karapatang c. No because he is
mabuhay ang asawang still a minor
ganyan” Margaret killed d. No, because he acted
her husband. without discernment
a. Ana Smith is liable
43.The following
as principal by
circumstances exempt a
inducement
b. Ana Smith is not person from criminal
liable because the liability though here is
thoughness expression civil liability
is not an inducement considering that there is
to commit a crime a crime committed, EXCEPT:
c. Ana Smith is liable a. Minority
as principal for b. Imbecility/ insanity
inducement includes c. Accident
suggestion to commit d. Acting under
a crime compulsion of an
d. Ana Smith liable for irresistible force.
principal but as an 44.Who among the following
accessory incurs full criminal
41.The following is exempted responsibility upon the
from criminal liability, commission of a crime?
EXCEPT. a. Those 15 years of age
a. Cesare Beccaria who and below
is 15 years old. b. Imbecile
b. Cesare Lombroso who c. Insane person
is over 15 but under d. A and B only
45.Are those where the act to conceal his identity
committed is a crime but such as covering his face
for reason of public with a bonnet/
policy and sentiments, handkerchief at the time
there is no penalty of the commission of the
imposed. crime.
a. Justifying a. Craft
circumstances b. Fraud
b. Mitigating c. Disguise
circumstances d. ignominy
c. Absolutory cause 50.The following are
d. Exempting requisites of evident
circumstances premeditation, EXCEPT.
46.Under Article 12 of the a. Sufficient lapse of
RPC, person is exempted time
from criminal liability b. Time when the
because of: offender decided to
a. Complete absence of commit the felony
intelligence c. Act indicating that
b. Complete absence of he has clung to his
freedom determination
c. Complete absence of d. Deliberate intent
intent 51.X raped the wife in the
d. All of the above presence of the husband,
47. Something that happen forcing her. Raped is
beyond the sway of mans committed aggravated by
will. what circumstances.
a. Nature a. Ignominy
b. Events b. Passion
c. Accidents c. Cruelty
d. Crimes d. craft
48.It is a kind of mitigating
circumstances which has
the effect of reducing the
penalty by either one or
two degree lower than the
impossible penalty for the
crime committed
49.It is an aggravating
circumstances done by the
offender by which means
are resorted to in order