1. Which of the following may the court order pending trial?

a. Transfer of the minor to a youth rehabilitation home in the

neighbouring city where the child resides. b. Detention in an educational setting or home. c. Detention of a child in jail if applicable to his condition. d. Institutionalization of the child for a protracted time.

2. Statement 1: The Three-Fold rule does not apply to the penalty prescribed

but to the penalty imposed as determined by the court. Statement 2: This Three-Fold rule is intended for the benefit of the convict and so, you will only apply this provided the sum total of all the penalties imposed would be less than the product of the most severe penalty multiplied by three but in no case will the penalties to be served by the convict be more than 40 years. a. Both statements are true. b. Both statements are false. c. Statement 1 is true; Statement 2 is false. d. Statement 2 is true; Statement 1 is false. 3. In the case of Pp v. Toling, the act of the twins, Antonio and Jose, which is running amuck and stabbing every person they encountered resulted to 8 killings and physical injuries. Based on the Supreme Courts decision, how was the act of killing treated?

a. The eight killings and the attempted murder were perpetrated by means of different acts. Hence, they cannot be regarded as constituting a complex crime under Art. 48 of the RPC. b. The slaughter was a result of a single act which was running amuck of the twins. Hence, they can be regarded as constituting a complex crime under Art. 48 of the RPC. c. The twins are liable for 8 murders and one attempted murder. d. The twins are liable for the complex crimes of multiple murder and attempted murder.

4. Mary Ann de Guzman and Vener Velasquez were married on April 21, 1919, they have one child. Shortly after the birth of their child, Vener left Mary Ann for three years because of being illiterate and poor she struggled for an existence for herself and for her son until a fatal day when she met JR who took her and her son to live with him. Vener return and filed a complaint against his wife and his paramour for adultery. Mary Ann and JR were sentenced to suffer the penalty of arresto mayor, upon completing her sentence she begged for the pardon to his husband but the latter refused. What will be the form of pardon given in adultery?

a. Pardon in adultery must be express will bar a criminal prosecution. b. Pardon in adultery must be implied will bar a criminal prosecution. c. Pardon in adultery must be express and implied will bar a criminal prosecution. d. Pardon in adultery must be given whether express or implied will bar a criminal prosecution.

5. In people vs. Alvarado, the penalty of the accused which is reclusion perpetua could not be modified because _______________ a. His guilt is proved beyond reasonable doubt b. His guilt is not proved beyond reasonable doubt c. Reclusion perpetua is an indivisible penalty d. The proper penalty for Alvarados crime is reclusion temporal 6. Boy mercilessly hacked his X, Y, and Z and robbed them of their few earthly possessions. The trial court convicted Boy of the crime of robbery with homicide and imposed death penalty on the accused. Can the three killings/multiplicity of homicide be appreciated as aggravating circumstance to warrant the imposition of the death penalty? a. Yes, it should be appreciated as aggravating circumstance to warrant the imposition of death penalty as the killings aggravate the crime of robbery. b. No, the accused should only be convicted of homicide and not robbery with homicide, being a more serious crime. c. Yes, Penal law is liberally construed in favor of the offender and no person should be brought within its terms if he is not clearly made so by the statute. d. No, the courts shall give it a retroactive application, as thwarted by recent amendment of the Revised Rules on Criminal procedure.

7. Which of the following is not a right provided for by R.A. 9344 to a Child in Conflict with the law?

a. Right to maintain contact with his/her family b. Right to diversion if he/she voluntarily avails of the same c. Right to have restrictions on his/her personal liberty limited to the minimum

d. Right to probation without need for qualification or application

8. A two-tiered penalty is that which occurs when the law provides that:

a. A penalty to a particular crime is in addition to the penalty imposable for another crime which results from the commission of such particular crime.

b. A penalty to a special crime is added to the penalty imposable to a crime which results from the commission of the a crime

c. An additional penalty for each particular crime which was committed as a result of the commission.

d. Same penalty impose to a particular crime and special crime as a results from the commission of that crime

9. Does the act of Mr. B of shooting two (2) persons to death using cal. 45 pistol constitute a single act? What would be the crime committed by Mr. B?

a. Yes, Mr. B committed a Complex Crime of Double Murder b. No, Mr. B committed two (2) counts of Murder c. Yes, Mr. B committed two (2) counts of Murder d. No, Mr. B committed a Complex Crime of Double Murder

10. In cases of robbery, the Supreme Court finds it more logical and reasonable to hold that when the elements of both the provisions of Art. 294 and 299 are present that the crime is a complex one, calling for the imposition of (as provided in Art. 48 of the RPC):

a. b. c. d.

Penalty Penalty Penalty Penalty

for for for for

the the the the

most serious offense. less serious offense. most serious offense in its maximum period. most serious offense in its medium period.

11. What is the effect on the penalty when a mitigating circumstance may have attended the commission of the qualified rape which is punishable by death?

a. b. c. d.

Lowers the penalty by degree Lowers the penalty by period Lowers the penalty depending on the mitigating circumstance No effect to the penalty imposed.

12. In penalties which contain three periods, what is the effect of the presence of three aggravating circumstances when there is no mitigating circumstance? a. The penalty shall be one degree higher than that prescribed by law in its minimum period. b. The penalty shall be one degree higher than that prescribed by law in its medium period.

c. The penalty shall be that prescribed by law in its maximum period. d. The penalty shall be that prescribed by law in its medium period following the three fold rule.

13. The following are the effects of a privileged mitigating circumstance EXCEPT: a. It applies to minorities b. It mitigates the penalty into the minimum period c. The presence of a privileged mitigating circumstance will lower the impossible penalty by one or 2 degrees. d. It cannot be offset by an aggravating circumstance

14. Jacob was charged before the police with attempted rape of Laila, a 12 year old girl. Before the institution of the criminal action in court, the mother of Laila pardoned Jacob. What is the effect of the pardon given by the mother of Laila to the criminal liability of Jacob, and what if the pardon given by the mother is accompanied by the express pardon of Laila?

a. The express pardon given by the mother of Laila and with the express pardon of Laila is sufficient to remove the criminal liability of Jacob. b. The express pardon given by the mother of Laila and with the express pardon of Laila is insufficient to remove the criminal liability of Jacob. c. The pardon given by the mother of Laila accompanied by the express pardon of Laila is efficacious and sufficient to remove the criminal liability of Jacob. d. None of the above.

15. An altercation at an intersection resulted to the death of one person

and slightly injuring two others from a single shot of a gun. The accused was found guilty of the complex crime of murder and double frustrated murder and was sentenced to suffer the penalty of death. Is article 48, the penalty for complex crimes applicable in the case at bar?
a. Yes. Although two or more crimes are actually committed, they

constitute only one crime in the eyes of the law as well as in the conscience of the offender.

b. No. The offense is not a necessary means for committing the other crime.
c. Yes. The single act constitutes two crimes punishable under the

Revised Penal Code

d. No. Art. 48 require that the single act produces two or more

grave or less grave felonies. In the case at bar, there is only one grave felony and two slight physical injuries which is a light felony thereby negating the applicability of art. 48.

16. Statement 1: X is sentenced to suffer 14 years, 8 months, and 1 day for homicide; 17 years, 4 months, and 1 day in another

case; 14 years and 8 months in the third case; and in a case of frustrated homicide, he is sentenced to 12 years, or a total of 59 years, 8 months and 2 days. The most severe of those penalties is 17 years, 4 months, and 1 day. Three times that penalty is 52 years and 3 days. But since the law has limited the duration of the maximum term of imprisonment to not more than 40 years, the accused will have to suffer 40 years only. Thus, the three-fold rule applies. Statement 2: X is sentenced to suffer 12 years and 1 day for the first homicide; 14 years, 8 months, and 1 day for the second; and 17 years, 4 months, and 1 day for the third; in this case, the total of all penalties is 44 years and 3 days. On the other hand, 17 years, 4 months, and 1 day multiply by 3 equals 52 years and 3 days. Thus, the three-fold rule does not apply. a. Both statements are true. b. Both statements are false. c. Statement 1 is true; Statement 2 is false. d. Statement 2 is true; Statement 1 is false.

17. When an incident resulting in several deaths and injuries and not a product of malicious intent but rather through reckless driving, the accused should be guilty of complex crime of reckless imprudence resulting in multiple murder with serious physical injury as result of:

a. Single act b. Continuing act c. Several act d. Criminal act

18. X and Y were convicted of robbery and rape against the Namila family. This occured on August 11, 1984 and these crimes at the time was punishable by death. The 1987 Constitution abolished all death penalties and reduced them to Reclusion Perpetua. Congress eventually restored death penalty on January 01, 1994 by virtue of R.A 7659. The case was promulgated on June 14, 1995. Can X and Y gain a vested right that any future act restoring death penalty would no longer cover them? a. Yes, a subsequent statute cannot be applied retroactively as to impair a right that occurred under the law and that courts have given statutes strict construction to prevent their retroactive operation. b.Yes, a subsequent statute can be applied retroactively so as not to impair a right that occurred under the law.

c. No, it cannot be applied retroactively because death penalty is not favourable to the accused. d. No, a subsequent statute cannot be applied retroactively as to impair a right that occurred under the law and that courts have given statutes strict construction to prevent their retroactive operation.

19. When the commission of the crime is attended by three mitigating circumstances and by the aggravating circumstance of advantage taken by the offender of his public position, what is the proper penalty? a. The attending circumstances shall reasonably offset each other, thus, the penalty shall be that prescribed by law in its minimum period. b. The penalty shall be one degree lower than that prescribed by law in its maximum period. c. The penalty shall be that prescribed by law in its maximum period. d. The penalty shall be two degrees lower than that prescribed by law in its medium period since the attendance of more than two mitigating circumstance gives the offender the benefit of a privileged mitigating circumstance.

20. Mr. X with his automatic m14 riffle, without warning and provocation, shot Mr. A with several successive burst of gun fire resulting to the death of Mr. A and two (2) other persons beside the latter. What is the Criminal Law principle applied to determine the penalty of Mr. X. What would be his penalty? a. Single Larceny Doctrine; Reclusion Perpetua for 3 counts of murder b. Complex Crime Proper; Reclusion Perpetua for 3 counts of murder c. Compound Crimes; 3 counts of murder is equal to 3 counts of Reclusion Perpetua d. Complex Crime; 3 counts of murder is equal to 3 counts of Reclusion Perpetua 21. Big, Small, Large and Huge and Obese, all armed, entered the house of Aling Dionisia, killed the latter by shooting her at the neck then forcibly took the sum of P30, 000.00 from the victim's wife and P10, 000 from Manny Pacio, the future son - in - law who was present when the crime happened. After the robbery, they all fled when they met Artemis, the father of the victim who was responding to investigate the gunshots he heard. Can the ordinary aggravating circumstance of band in the commission of the crime be appreciated when it is not properly alleged in the information? a. Yes, it needs not be alleged in the body of the information.

b. No, Band cannot be treated as ordinary aggravating circumstance because it was not alleged in the body of the information as a cardinal rule that rules of criminal procedure are given retroactive application insofar as they benefit the accused. c. No, band is one of the aggravating circumstances punishable by death d. Yes, it is aggravating circumstance 22. Is reclusion perpetua a divisible penalty or an indivisible penalty pursuant to RA 7659? a. Indivisible. Reclusion perpetua should simply be imposed without specifying its duration and regardless of any mitigating or aggravating circumstances that may attended the commission of the crime. b. Divisible. Under RA 7659 reclassified reclusion perpetua as a divisible penalty. It amended Art. 27 of the RPC by giving it a legal duration of 20years and 1day to 40years. c. Indivisible. Although RA 7659 has fixed the duration of reclusion perpetua from 20years and 1day to 40years, there was no clear intent to alter its original classification as an indivisible penalty. d. Divisible. Since RA 7659 has fixed the duration from 20years and 1day to 40years and there was a clear intent on the part of the Congress to reclassify it into a divisible penalty. 23. Whenever a homicide has been committed as a consequence of or on the occasion of a robbery, all those who took part as principals in the commission of a robbery are also guilty as principals in the:

a. Special complex crime of robbery with homicide b. Special complex of homicide with robbery c. Robbery d. Homicide

24. In Direct Bribery (Article 210) if any public officer who shall agree to

perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer personally or through the mediation of another, shall suffer the penalty of prision mayor in its minimum and medium periods and a fine of not more than three times the value of the gift, in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. In this case, the law provides for: a. A two-tiered penalty

b. A proportionate imposable penalty c. An indeterminate sentence d. A penalty for a complex crime

25. With the use of a deadly weapon, Rod abducted Dian and brought her to a hotel where he raped her eight times. With respect to the Supreme Courts decision, what is the liability of Rod based on the foregoing facts?

a. b. c. d.

Forcible abduction with eight rapes. Continuing complex offense of forcible abduction with rape. Eight forcible abduction with rape. Eight complex crimes of forcible abduction with rape

26. In order to delito continuado or sometimes referred to as continuous crime to exist, there should be:

a. A plurality of acts performed during a period of time, unity of penal

provision violated, and unity of criminal intent or purpose

b. Different criminal acts in one place and time c. Cases where there is series of acts arising from a single criminal

intent or resolution constitutes only one crime

d. A single act that constitutes two or more grave or less grave

felonies or when an offense is necessary means for committing the other

27. Simple seduction is punished with arresto mayor. If the malefactor is under 18 years, what will be the proper penalty to be imposed?

a. Arresto mayor in its medium b. Arresto mayor in its minimum c. Arresto menor d. Destierro

28. Considering the mitigating circumstance of voluntary surrender which is not offset by any generic aggravating circumstance, Gumayao, having found guilty of murder should suffer the single indivisible penalty of ___________ a. Reclusion perpetua, because it could be affected by attending circumstances b. Reclusion perpetua because it must be applied regardless of any mitigating or aggravating circumstances attending the commission of the crime. c. Reclusion perpetua because it has a mitigating circumstance d. Reclusion perpetua because voluntary surrender is not offset by any generic aggravating circumstance 29. Which of the following is not a determining factor in the diversion program to be applied to the child in conflict with the law?

a. Imposable penalty b. The stages where diversion may be resorted to c. The childs view about the propriety of the measures imposed d. The availability of community-based program for the rehabilitation and reintegration of the child.
30. Does falsification of commercial documents by an accountable officer

a necessary means for committing malversation or estafa and as such considered a complex crime?

a.

Yes. It is an indispensable means of committing the other crime of estafa. The accused had to falsify the invoices/receipts in order to commit malversation or estafa and is conclusive evidence that the two crimes were the result of a single act thus constituting a complex crime. No. There is no complex crime since the alleged falsification of commercial documents is not an indispensable means of committing malversation or estafa neither were the two crimes the result of a single act. documents presupposes malversation or estafa.

b.

c. Yes. Under the law, falsification of commercial or public

d.

No. Both offences are not punishable under the same statute

31. The penalty imposable on accomplices in a frustrated felony is: a. 1 degree lower than that of a principal in a consummated felony. b. 2 degrees lower than that of a principal in a frustrated felony.

c. 1 degree lower than that of a principal in an attempted felony. d. 1 degree lower than that of a principal in a frustrated felony. 32. Rule on the matter, Mr. X was convicted of the crime of homicide and is sentenced to suffer reclusion temporal. The Solicitor General suggested that the decision should be modified and to show expressly the accessory penalties provided by law. If you are the Judge, what will be your stand?

a. Modify the decision and insert the accessory penalties provided b. Do not change the decision and let the parties appeal the cases to the higher courts c. Revise the decision without prejudice to the first ruling
d. There was no necessity for modification because the accessory

penalties are deemed imposed 33. Maria was raped by his cousin Allan. Maria filed a complaint of Rape against Allan. During the period when Allan eluded arrest, his uncle called Maria to execute an Affidavit of desistance, Maria with great reservation executes an affidavit. Maria filed the complaint on February 24, 1998 while the affidavit of desistance was executed on March 1, 1998. Can the affidavit executed by Maria is effective?

a. Yes, the affidavit executed by Maria is effective because it is given during the institution of the criminal action. b. No, the affidavit executed by Maria is not effective because it is not express in writing and must be given before the institution of the criminal action. c. Yes, the affidavit executed by Maria is effective because it is given after the institution of the criminal action. d. No, the affidavit executed by Maria is not effective because it must be given before the institution of the criminal action.

34. When the penalties prescribed by law contain three periods, whether

it be a single divisible penalty or composed of three different penalties each one of which forms a period. Suppose the accused was convicted and sentence with the penalty of reclusion temporal in its maximum period to death and there are neither aggravating nor mitigating circumstances, determine the appropriate penalty? a. Death b. Reclusion perpetua c. Life imprisonment

d. Reclusion temporal in its maximum 35. Where the accused forcibly abducted the complainant and then rape her twice, he should be convicted of: a. Forcible abduction with rape and rape b. Two counts of rape c. Rape d. Forcible abduction with rape

36. In the Hernandez Doctrine, can rebellion be complexed with common

crimes?

a. Yes, because such common offenses are absorbed or inherent in the crime or rebellion. b. No, because such common offenses are necessary means for the perpetration of the offense. c. Yes, when committed as a means to or in furtherance of the subversive end. d. No, when committed by rebels.

37. A killed B and took away a sum of money. If the crime of rape is committed as well, it

would be describe as
a. Aggravating circumstance b. Continued crime c. Complex crime d. Special complex crime 38. On or about the 21st day of May 2005, at around 7:30 oclock in the

evening, accused X, with treachery, evident premeditation and intent to kill, did then and there wilfully, unlawfully and feloniously attack, assault, stab and wound the victim Y, without giving the latter sufficient time to defend himself, thereby inflicting upon the victim Y mortal wounds which caused his death. The trial court rendered its decision finding accused X guilty of Murder and sentenced him to suffer imprisonment of 40 years reclusion perpetua and to pay the sum of P50, 000 as indemnity. Is the trial court correct in imposing the required penalty?

a. Yes. Pursuant to RA 7659 which amended Art. 27 of the RPC,

reclusion perpetua has now a defined duration of 20 years and 1 day to 40 years.
b.

Yes. There was a need for justification and need for the trial court to specify the length of imprisonment since reclusion perpetua is classified as a divisible penalty.

c.

No. Reclusion perpetua is a divisible penalty pursuant to RA 7659 which amended Art. 27 of the RPC by giving it a legal duration of 20 years and 1 day to 40 years. No. Reclusion perpetua is an indivisible penalty; it has no minimum, medium or maximum period. It is imposed in its entirety regardless of any mitigating or aggravating circumstances that may have attended the commission of the crime.

d.

39. The following are the requirements which must be satisfied for the court to hold an extra- judicial confession to be admissible except?

a. It must be b. It must be counsel c. It must be d. It must be

voluntary with the assistance of a competent and independent in writing implied

40. When the law prescribes a single indivisible penalty for an offense and there are two mitigating circumstances present, what is the effect of the two mitigating circumstances as regards the determination of the proper penalty? a. They shall serve to lower the penalty by two degrees. b. The indivisible penalty shall be divided into three equal portions, each forming a period. The minimum of which shall be applied in the instant case. c. They have no effect. d. The penalty is lowered by ONE degree only.

41. Accused with lewd designs, by means of force, violence and

intimidation and taking advantage of his superior strength over the person of his daughter who was then fourteen (14) years old. The trial court found him guilty of rape. The sentence imposed by the court was "reclusion perpetua or life imprisonment." Is this erroneous? Why?

a. No, because reclusion perpetua and life imprisonment are the same. b. No, because they are both prescribed by the revised penal code, has accessory penalty and has no fixed duration. c. Yes, as reclusion perpetua is not the same as life imprisonment because reclusion perpetua is a penalty imposable for violation of the special laws; on the other hand, life imprisonment is imposed only as a penalty under revised penal code. d. Yes, because reclusion perpetua is a penalty imposable for violation of the revised penal code; on the other hand, life imprisonment is imposed only as a penalty under special laws 42. a. b. c. d. What is the legal duration of the penalty Reclusion Perpetua? RA 7659 reclassified reclusion perpetua as a divisible penalty by giving it a legal duration of 20years and 1day to 40years Under Article 27 of the Revised Penal Code, it provides that it has duration of 20years and 1day to 40years. Art. 27 of the RPC were amended by RA No. 7659 which provides the legal duration of reclusion perpetua from 20years and 1day to 40years. No legal duration. Although RA No. 7659 fixed the legal duration of reclusion perpetua from 20years and 1day to 40years, however, the Supreme Court ruled that it is still an indivisible penalty. What Republic Act governs the Coup Detat Law?

43.

a. b. c. d.

R.A. R.A. R.A. R.A.

6869 6968 6969 6896

44. A raped his daughter B 3 times on different ocassions with threat not to tell to anybody.

B was then below 18 years of age. If there are 2 mitigating circumstances, what should be the penalty of A?
a. Reclusion perpetua b. Death c. Reclusion temporal (max) d. Reclusion temporal med to Prision mayor max

45. Marcelo Bates was found guilty of the crime of murder for the death of Jose Boholst. He was sentenced to 40 years of reclusion perpetua. The SC found the trial court erred in imposing the penalty, 40 years of reclusion perpetua a. Reclusion perpetua should simply be imposed without specifying its duration since it is an indivisible penalty.

b. Reclusion perpetua is a grave penalty for the crime of Bates. c. The trial court erred in finding Bates guilty. d. 40 years of reclusion perpetua should be imposed in its minimum period.
46. A person who threw a hand grenade to a group of people who were

having drinking spree was found guilty of the complex crime of murder and multiple frustrated murders and to suffer the death penalty. Was the contention of the accused as regards the application of pro-reo principle in the case at bar tenable?
a. Yes. The single act of the offender may quantitatively constitute

a cluster of several, separate and distinct offences yet these component criminal offenses should be considered only as a single crime in law which a single penalty is imposed because the offender is impelled by a single criminal impulse which shows his lesser perversity. b. No. The single act of the offender may quantitatively constitute a cluster of several, separate and distinct offences yet these component criminal offenses should not be considered as a single crime in law which a single penalty is imposed because the offender is impelled by a single criminal impulse which shows his lesser perversity. c. No. For each death and injuries, the accused incurs distinct and separate criminal liabilities punishable under the RPC. d. No. The underlying philosophy of complex crime in the RPC which follows the pro-reo principle is not intended to favor the accused. Thus the contention of the accused that the pro-reo principle should be applied is untenable.
47. Maria was raped by his cousin Allan. Maria filed a complaint of Rape

against Allan. During the period when Allan eluded arrest, his uncle called Maria to execute an Affidavit of desistance, Maria with great reservation executes an affidavit. Maria filed the complaint on February 24, 1998 while the affidavit of desistance was executed on March 1, 1998. Can the affidavit executed by Maria is effective? (People vs. Lim)

a. Yes, the affidavit executed by Maria is effective because it is given during the institution of the criminal action. b. No, the affidavit executed by Maria is not effective because it is not express in writing and must be given before the institution of the criminal action. c. Yes, the affidavit executed by Maria is effective because it is given after the institution of the criminal action. d. No, the affidavit executed by Maria is not effective because it must be given before the institution of the criminal action.

48. What will be the proper amount of fine to be imposed upon the accused if his fine is from 200 pesos to 6,000 pesos and is one degree higher?

a. 200 to 7,500 pesos b. 150 to 6,500 pesos c. 200 to 7,000 pesos d. 200 to 6,500 pesos

49. What happens if an accused escapes prior the conviction of death by the Regional Trial Court?

a. b. c. d.

Automatic review is no longer necessary Review depends upon the wish of the convict Review depends upon the will of the court Automatic review is mandatory

50. Which of the following statements is false with regard to the determination of the age of the child in conflict with the law? a. In all cases as to the age of the child, it shall be resolved in his/her favor. b. Whenever appropriate, the Family Court shall decide the case filed before him by any person contesting the age of the child. c. The child in conflict with the law shall enjoy the presumption of minority. d. The determination of the age of the child may be based solely on the physical appearance of the child.

51. When a crime is punishable by the penalty of death penalized by the revised penal code and the imposition of the death penalty was prohibited. What is the penalty to be imposed? Why? a. Reclusion perpetua because it is the penalty next lower in degree. b. Life imprisonment because it is invariably imposed for serious offenses penalized by the revised penal code. c. Either reclusion perpetua or life imprisonment because they are both the same and not distinct.

d. Life imprisonment because it does not appear to have any definite extent or duration.
52. A hit the car of B resulting damage to the latter's car and slight physical injuries to b.

what should be the penalty to be imposed upon a?

a. Arresto mayor (max.) to prision correccional (med.) b. Arresto mayor (min. to med.) c. Arresto menor (min.-med.) d. Arresto menor (max)