MOCK BAR EXAMINATION QUESTIONS IN

CRIMINAL LAW
6. An escaped prisoner, then armed with a bamboo lance, was asked by a policeman to
surrender, refused to do so and instead answered the latter with a stroke of his lance, the
policeman in pursuing the prisoner fired his revolver and caused the death of the prisoner,
Is the act of the policeman on resorting to extreme means will always be justified?
a. Yes, since an arresting officer is required to act within the performance of his duty, he
must stand his ground and cannot, like a private individual, take refuge in fight, his
duty requires to overcome his opponent:
b. No, it was provided under the Rule of Court that no violence or unnecessary force
shall be used in making an arrest. Such provision accepts no exception:
c. It depends, the reasonableness of the force employed by the arresting officer must be
adjudged in the light of the circumstances as they appeared to the officer at the time
he acted, and the means is generally considered to that which an ordinary prudent
and intelligent person with the knowledge would have deemed necessary under the
circumstances.
7. Which of the following is not a source of criminal law?
a. The Constitution
b. Acts of legislature
c. Presidential Decrees and Executive Orders issued by Marcos during Martial Law,
and by Cory Aquino during her Revolutionary Government.
d. Implementing rules and regulations providing a penalty as authorized by the basic
law.
8. Which of the following is an absolutory cause?
a.
b.
c.
d.
e.
f.

Aberratio ictus
Praeter intentionem
Mistake of fact
Proximate cause
Error in persona
Impossible crime

9. Which of the following is a crime malum in se?

a. Offenses punished by the Revised Election Code, a special law, for the omission or
failure to include a voters name in the in the registry list of voters.
b. Illegal possession of firearms
c. Violation of BP 22 for issuing a bouncing check
d. Offenses defined and punished by the Revised Penal Code.
e. Carnapping Law
f. Dangerous Drugs Law
10. The Revised Penal Code (RPC) belongs to the Classical Theory the main purpose is
retribution under a system where gravity of the penalty is proportionate to the gravity of the
crime committed, However, there are some articles in the RPC that are positivistic in
orientation intended to curb the dreadful and dangerous tendencies of the individual. Which
of the following articles in the RPC does not pertain to the Positivist School?

a. Article 4, RPC impossible crimes

b. Article 13, paragraph 7, RPC on the mitigating circumstances of voluntary
surrender and plea of guilty.
c. Article 11, paragraph 1, RPC on self-defense
d. Three fold rule
e. Extenuating and absolutory causes