CRIMINAL JURISPRUDENCE, PROCEDURE & EVIDENCE (Question and Answer)

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CRIMINAL LAW BOOK ONE 1. The Revised Penal Code shall be applied even outside the Philippines in which of these cases? a. Should commit an offense while on a Philippine ship or airship b. Should f... orge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; c. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; d. While being public officers or employees, should commit an offense in the exercise of their functions; e. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. f. All of these 2. Acts and omissions punishable by law are: a. felonies b. crimes c. offense d. infractions 3. Felonies are committed not only be means of deceit (dolo) but also by means of: a. Fault/culpa b. malice 4. There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or a. lack of skill b. Lack of diligence 5. This is committed by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. a. impossible crimes b. Indeterminate offense 6. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the _______, the reasons which induce the court to believe that said act should be made the subject of legislation. a. Supreme Court b. Department of Justice 7. If the judge feels that the penalty imposed by the law is excessive, he/court shall submit to the Chief Executive, through the Department of Justice, such CRIMINAL JURISPRUDENCE, PROCEDURE & EVIDENCE *** P a g e | 2 statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration which of these? a. the degree of malice b. the injury caused by the offense c. Both of these 8. A felony is _______ when all the elements necessary for its execution and accomplishment are present. a. Consummated b. Frustrated 9. A felony is _________ when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. a. consummated b. frustrated 10. The felony is ______ 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 cause or accident other than this own spontaneous desistance. a. frustrated b. attempted 11. Light felonies are punishable only when they have been consummated, with the exception of those committed against: a. person b. Property c. Both of these 12. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. The statement is: a. true b. False 13. This _______ exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. a. conspiracy b. proposal 14. This takes place when the person who has decided to commit a felony proposes its execution to some other person or persons. a. conspiracy b. proposal 15. _________ are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. a. grave felonies b. Less grave felonies 16. _______ are those which the law punishes with penalties which in their maximum period are correctional. a. grave felonies b. Less grave felonies 17. These are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos or both is provided. a. grave felonies b. Light felonies 18. Offenses which are or in the future may be punishable special laws are not subject to the provisions of the Revised Penal Code. The statement is: a. true b. False P a g e | 3 19. The Revised Penal Code shall be supplementary to _______, unless the latter should specially provide the contrary. a. constitution b. Special laws 20. Which of these is requisite of self defense? 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. all of these 21. Which of these is requisite of defense of relatives only? a. unlawful aggression b. reasonable necessity of the means employed to prevent or repel it c. in case the revocation was given by the person attacked, that the one making defense had no part therein d. all of the above 22. Which of these is requisite of defense of strangers only? a. unlawful aggression b. reasonable necessity of the means employed to prevent or repel it c. the person defending be not induced by revenge, resentment, or other evil motive d. all of the above 23. Which of these is requisite of avoidance of greater evil? a. That the evil sought to be avoided actually exists; b. That the injury feared be greater than that done to avoid it c. That there be no other practical and less harmful means of preventing it. d. All of these 24. An imbecile or an insane person is exempted from criminal liability, unless the latter has acted during: a. a sleep b. Lucid interval 25. Surrender to be mitigating must be made to which of these? a. person in authority b. Agent of a person in authority c. All of these 26. The voluntary confession of guilt must be made: a. prior to the presentation of evidence for prosecution b. after the presentation of evidence for the prosecution 27. Which is a condition before being deaf and dumb, blind or otherwise suffering some physical defect may be considered mitigating? a. they must restrict the offenders means of action, defense, or communications with his fellow beings b. they must be so grave in nature and certified by a government physician 28. Night time, uninhabited place, or by a band, are aggravating if: a. whenever such circumstances may facilitate the commission of the offense b. whenever specially sought for by the offender to insure or afford impunity c. all of these P a g e | 4 29. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a _____. a. brigands b. band 30. He is 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 Revised Penal Code. a. Quasi recidivist b. recidivist [Show More]

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