Name: _____________________________________________ Date: ____________

Course & Year: _____________________________________ Score: ___________

MIDTERM EXAMINATION

PART I. MULTIPLE CHOICE.

1. A Branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
A. Procedural Law
B. Civil Law
C. Criminal Law
D. Political Law

2. One of the following is not a characteristic of criminal law.

A. General
B. Territorial
C. Prospective
D. Retroactive

3. Criminal law is binding on all person who reside or sojourn in the Philippines. This characteristic of criminal law is
known as
A. General
B. Territorial
C. Prospective
D. Retroactive

4. One of the characteristics of criminal law is generality. Which of the following is not an exception to the principle of
generality.
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law
D. None of the Above

5. One of the following person is not immune from Philippine criminal law.
A. Sovereigns and other chief of state
B. Ambassador
C. Consuls
D. Charges d' Affaires

6. Penal laws of the Philippines are enforceable only within its territory. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. None of the above

7. One of the following is not an exception to the territorial principle of criminal law.
A. Offenses committed while on Philippine ship or airship
B. Forging or counterfeiting any coin or currency note of the Philippines or the
obligations and securities issued by the government.
C. Crimes committed against national security and the law of nations.
D. Crimes committed against public order.

8. Criminal law does not have any retroactive effect. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive

9. When the law is favorable to the accused, is an exception to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive

1
10. A Theory of criminal law, Basis is man's free will to choose between good and evil. The purpose of penalty is
retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.

11. Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to
his volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above

12. In the construction of penal laws, it must be construed in favor of offender.

A. Strictly
B. Liberally
C. Severely
D. Precisely

13. Which of the following is not a limitation on power of congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
C. Law that violates the equal protection clause of the constitution.
D. None of the Above

14. The Revised Penal Code took effect on

A. March 6, 1929
B. March 6, 1930
C. February 1, 1932
D. February 1, 1934

15. What determines whether a vessel is a Philippine vessel for purposes of the application of criminal law?
A. Place of Registration
B. Place of Construction
C. Citizenship of the Owner
D. None of the Above

16. Crimes committed aboard foreign vessel within the territorial waters of a country are not triable in the courts of
such country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above

17. Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of
such country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above

18. For Offenses committed aboard foreign vessel committed in Philippine waters. What principle is applicable to the
Philippines?
A. The Philippine Rule
B. The English Rule
C. The French Rule
D. None of the Above

19. Acts and omissions punishable by the RPC is known as

A. Felonies
B. Crimes
C. Misdemeanor
D. None of the Above

20. Acts and omissions punishable by any law is known as

A. Felonies
B. Crimes
 C. Misdemeanor
D. None of the Above

21. Failure to perform a duty required by law.

A. Exception
B. Exclusion
C. Avoidance
D. Omission

22. There is no crime when there is no law punishing it. In criminal law, this principle is known as
A. Nullum crimen, nulla poene sine lege
B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
D. Actus Me Invito Factus Non Est Meus Actus

23. These Felonies are committed by means of deceit (dolo).

A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above

24. These Felonies are committed by means of fault.

A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above

25. This classification of felony has the following requisites, freedom, intelligence, and intent.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above

26. This classification of felony has the following requisites: freedom, intelligence, negligence, and imprudence.
A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
D. None of the Above

27. Which of the following is not a characteristics of an offense mala in se?

A. Moral trait of offender is considered.
B. Good Faith is a defense
C. Mitigating and aggravating circumstances taken into account in imposing penalty
D. Degree of participation when there is more than one offender is generally not taken into account

28. Which of the following is not a characteristic of an offense mala prohibita?

A. Mitigating and aggravating circumstance is not generally taken into account
B. Degree of accomplishment of the crime is taken into account only when consummated
C. Good Faith is not a defense
D. Moral trait of offender is considered.

29. Moving power which impels one to act.

A. Motive
B. Intent
C. Purpose
D. None of the Above

30. Purpose to use a particular means to effect a result.

A. Motive
B. Intent
C. Purpose
D. None of the Above

31. In Criminal Law, Error in Personae means

A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above
32. In Criminal Law, Abberatio Ictus means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of Intent to commit so grave a wrong
D. None of the Above

33. In Criminal Law, Praetor Intentionem means

A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
D. None of the Above

34. The cause which in the natural and continuous sequence, unbroken by any efficient intervening cause, produces
the injury without which the result would not have occurred.
A. Immediate Cause
B. Intervening Cause
C. Proximate Cause
D. Natural Cause

35. Which of the following is not a requisites of an impossible crime?

A. Act would have been an offense against persons or property
B. Accomplishment is inherently impossible or inadequate or ineffectual or ineffectual means are employed
C. Act is not an actual violation of another provision of the RPC or of special law.
D. There was no criminal intent

36. A Stage in the execution of felonies when all the elements necessary for its execution and accomplishment are
present.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above

37. This Stage in the execution of felonies have the following elements:
a. offender performs all acts of execution
b. All the acts would produce the felony as a consequence
c. But the felony is not produce d. By reason of causes independent of the will of the perpetrator.
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above

38. This Stage in the execution of felonies have the following elements:
a. Offender commences the felony directly by overt acts
b. Does not perform all acts which would produce the felony
c. His acts are not stopped by his own spontaneous desistance
A. Consummated
B. Frustrated
C. Attempted
D. None of the Above

39. In the stages of execution of felonies, the element that all acts of execution are present, must be present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted

40. Which of the following do not admit of frustrated and attempted stages?
A. Offenses punishable by special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above

41. Which of the following crimes do not admit of frustrated stage.

A. Rape
B. Bribery
C. Adultery
D. All of the Above
42. The General Rule is that light felonies are punishable only when they have been consummated. One of the
following is an exception.
A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
D. None of the Above

43. Two or more persons come to an agreement for the commission of a felony and they decide to commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. None of the Above

44. A Person has decided to commit a felony and proposes its execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
D. None of the Above

45. Under the RPC, afflictive penalties are imposed for a

A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

46. Under the RPC, Correctional penalties are imposed for a

A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

47. Under the RPC, aresto menor is imposed for a

A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
D. None of the Above

48. Light Felonies are punishable by

A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years

49. Where the act of a person is in accordance with

law, such person is deemed not to have violated
the law.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance

50. Grounds for exception from punishment because there is wanting in the agent of the crime any of the conditions
which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance

51.One while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He
is exempt in all cases from criminal liability.
A. Insane
B. Imbecile
C. Stupid
D. None of the Above

52. One who acts with complete deprivation of intelligence or reason or without the least discernment or with total
deprivation of freedom of will.
A. Insane
 B. Imbecile
C. Stupid
D. None of the Above

53. Offender uses violence or physical force to compel another person to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
D. None of the Above

54. Offender employs intimidation or threat in compelling another to commit a crime.

A. Irresistible Force
B. Uncontrollable Fear
C. Duress
D. None of the Above

55. Mental capacity to fully appreciate the consequences of the unlawful act.
A. Motive
B. Intent
C. Discernment
D. None of the Above

56. Actus Me Invito Factus Non Est Meus Actus means

A. Any act done by me against my will is not my act
B. No intent to commit so grave a wrong
C. He who is the cause of the cause is the cause of the evil caused
D. None of the Above

57. Some motive which has lawfully, morally, or physically prevented a person to do what the law commands.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above

58. Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above

59. Those which if present in the commission of the crime reduces the penalty of the crime but does not erase
criminal liability nor change the nature of the crime.
A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
D. Exempting circumstance

60. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone.
A. Provocation
B. Vindication
C. Passion
D. Obfuscation

61. Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum
period provided by law for the offense or those that change the nature of the crime.
A. Justifying circumstances
B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances

62. It is a kind of aggravating circumstance which apply to all crimes.

A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

63. A kind of aggravating circumstance that change the nature of the crime.
A. Generic aggravating circumstance
 B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

64. A kind of aggravating circumstance which of necessity accompany the commission of the crime.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

65. A kind of aggravating circumstance which arise under special conditions to increase the penalty of the offense and
cannot be offset by mitigating circumstances.
A. Generic aggravating circumstance
B. Special aggravating circumstance
A. Inherent aggravating circumstance
B. Qualifying aggravating circumstance

66. In Criminal Law, nighttimeas an aggravating circumstance is also referred to as

A. Obscuridad
B. Despoblado
C. Encuadrilla
D. None of the Above

67. In Criminal Law, uninhabited place as an aggravating circumstance is known as

A. Obscuridad
B. Despoblado
C. Encuadrillia
D. None of the Above

68. In Criminal Law, Band to be considered aggravating

A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men

69. En Cuadrillia means

A. Uninhabited place
B. Band
C. Nighttime
D. None of the Above

70. One who at the time of his trial for one crime, shall have been previously convicted by final judgment of another
crime embraced in the same title of the RPC.
A. Recidivist
B. Habitual delinquent
C. Quasi-recidivist
D. None of the Above

71. All of the following except one is a person in authority.

A. Barangay Chairman
B. Barangay Tanod
C. Mayor
D. Governor

72. Where the offender has been previously punished for an offense to which the law attaches an equal or greater
penalty or for two crimes to which it attaches a lighter penalty. This generic aggravating circumstance is known as
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism

73. Reiteracion means

A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism

74. Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious
or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of the sdaid crimes a third time
or oftener. This extra ordinary aggravating circumstance is known as
A. Recidivism
B. Habitual delinquency
C. Reiteracion
D. Quasi-recidivism

75. Where a person commits felony before beginning to serve or while serving on a previous conviction for a
felony. This special aggravating circumstance is known as
A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism

76. This aggravating circumstance involves the use of intellectual trickery or cunning on the part of the accused.
A. Craft
B. Fraud
C. Disguise
A. None of the Above

77. This aggravating circumstance involves the use of insidious words or machinations to induce the victim to act in a
manner which would enable the offender to carry out his design.
A. Craft
B. Fraud
C. Disguise
D. None of the Above

78. This aggravating circumstance involves resorting to any device to conceal identity.
A. Craft
B. Fraud
C. Disguise
D. None of the Above

79. Astucia means

A. Craft
B. Fraud
C. Disguise
D. None of the Above

80. Disfraz means

A. Craft
B. Fraud
C. Disguise
D. None of the Above

81. When the offender commits any of the crimes against the person, employing means, methods or forms in the
execution thereof which tend directly and specially to insure its execution without risk to himself arising from the
defense which the offended party might make.
A. Evident Premeditation
B. Astucia
C. Disfraz
D. Treachery

82. A Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the
crime.
A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad

83. This Aggravating Circumstance is present when the culprit enjoys and delights in making his victim suffer slowly
and gradually, causing unnecessary physical pain in the consummation of the criminal act.
A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz

84. Suffering inflicted by the state for the transgression of a law.

 A. Reward
B. Advantage
C. Penalty
D. None of the Above

85. A Theory of justifying penalty to prevent or suppress the danger to the state arising from the criminal act of the
offender.
A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity

PART II. ESSAY.

1. B repeatedly stabbed A with a kitchen knife. A managed to escape with minor injuries, and to run away from B who continued to
pursue him. A, upon reaching the safety of his house, took a scythe with which to defend himself against B. Thus armed,
A went out of his house and dared B to come forward and fight. In the ensuing struggle, A killed B. Charged with
homicide, A claimed self-defense. Is A entitled to the justifying circumstance? Decide and give your reasons.

2. Nicandro borrowed Valeriano's gun, a high-powered M-16 rifle, to hunt wild pigs. Nicandro was accompanied by
his friend, Felix. On their way to thehunting ground, Nicandro and Felix met Pedro near a hut, Pedro told them
where to hunt. Later, Nicandro saw a pig and then shot and killed it. The same bullet,however, that killed the pig
struck a stone and ricocheted hitting Pedro on hisbreast. Pedro later died. May Nicandro be held liable for the
death of Pedro? Explain.

3. Hilario, upon seeing his son engaged in a scuffle with Rene, stabbed and killed the latter. After the stabbing, he
brought his son home. The Chief of Police of the town, accompanied by several policemen, went to Hilario's
house, Hilario, upon seeing the approaching policemen, came down from his house to meet them and voluntarily
went with them to the Police Station to be investigated in connection with the killing. When eventually charged
with and convicted of homicide, Hilario, on appeal, faulted the trial court for not appreciating in his favor the
mitigating circumstance of voluntary surrender. Is he entitled to such amitigating circumstance? Explain.

4. Ben, a widower, driven by bestial desire, poked a gun on his daughter Zeny, forcibly undressed her and tied her
legs to the bed. He also burned her face with a lighted cigarrete. Like a madman, he laughed while raping her.
What aggravating circumstances are present in this case?

5. Juan de Castro already had three (3) previous convictions by final judgment for theft when he was found guilty of
Robbery with Homicide. In the last case, the trial Judge considered against the accused both recidivism and
habitual delinquency. The accused appealed and contended that in his last conviction, the trial court cannot
consider against him a finding of recidivism and, again, of habitual delinquency. Is the appeal meritorious?
Explain