criminal law mcq 2011

8/10/2019 Criminal Law MCQ 2011

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Bar Examination Questionnaire for Criminal Law

Set A

(1) Isabel, a housemaid, broke into a pawnshop intent on stealing items of jewelry in it. She found, however,that the jewelry were in a locked chest. nable to open it, she took the chest out of the shop. !hat crime didshe commit"

(#) $obbery in an uninhabited place or in a private building

(%) &heft

(') $obbery in an inhabited house or public building.

() ualified theft

(*) &he alternative circumstance of relationship shall +& be considered between

(#) mother-in-law and daughter-in-law.

(%) adopted son and legitimate natural daughter.

(') aunt and nephew.

() stepfather and stepson.

() #rthur, %en, and 'esar /uarreled with 0len while they were at the latters house. 2nraged, #rthurrepeatedly stabbed 0len while %en and 'esar pinned his arms. !hat aggravating circumstance if any attendedthe killing of 0len"

(#) 2vident premeditation.

(%) +one.

(') #buse of superior strength.

() &reachery.

(3) &he presence of a mitigating circumstance in a crime

(#) increases the penalty to its ma4imum period.

(%) changes the gravity of the offense.

(') affects the imposable penalty, depending on other modifying circumstances.

() automatically reduces the penalty.

(5) 6e is an accomplice who

(#) agreed to serve as a lookout after his companions decided to murder the victim.

(%) watched /uietly as the murderer stabbed his victim.


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(') helped the murderer find the victim who was hiding to avoid detection.

() provided no help, when he can, to save the victim from dying.

(7) 8rinciples of public international law e4empt certain individuals from the 0enerality characteristic of criminallaw. !ho among the following are +& e4empt from the 0enerality rule"

(#) 9inisters $esident

(%) 'ommercial #ttache of a foreign country

(') #mbassador

() 'hiefs of 9ission

(:) #s a modifying circumstance, insanity

(#) is in the nature of confession and avoidance.

(%) may be presumed from the offenders previous behavior.

(') may be mitigating if its presence becomes apparent subse/uent to the commission of the crime.

() e4empts the offender from criminal liability whatever the circumstances.

(;) ) &he police officer in civilian clothes asked ? where he can buy shabu. ? responded by asking the officerhow much of the drug he needed. !hen he told him, ? left, returned after a few minutes with the shabu, gave itto the officer, and took his money. ? is


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(#) liable for selling since the police operation was a valid entrapment.

(%) not liable for selling since the police operation was an invalid entrapment.

(') liable for selling since the police operation was a valid form of instigation.

() not liable since the police operation was an invalid instigation.

(11) 8laintiff ? said in his civil complaint for damages that defendant @, employing fraud, convinced him to buy adefective vehicle. @ filed a criminal action for libel against ? for maliciously imputing fraud on him. !ill theaction prosper if it turns out that the civil complaint for damages was baseless"

(#) +o, since pleadings filed in court are absolutely privileged.

(%) +o, since malice is not evident.

(') @es, given the fact that the imputation of fraud was baseless.

() @es, parties must state the truth in their pleadings.

(1*) &he ma4im A+ullum crimen nula poena sine legeA means that

(#) the act is criminal at the time of its commission and recogniBed as such at the time of itscommission but the penalty therefor is prescribed in a subse/uently enacted law.

(%) the act is criminal and punished under and pursuant to common law.

(') there is a crime for as long as the act is inherently evil.

() crime is a product of the law.

(1) ?, a tabloid columnist, wrote an article describing @, a public official, as stupid, corrupt, and havingamassed ill-gotten wealth. ? relied on a source from @Cs own office who fed him the information. id ? commitlibel"

(#) @es, since the article was libelous and inconsistent with good faith and reasonable care.

(%) +o, since ? but made a fair commentary on a matter of public interest.

(') +o, since ?s article constitutes privileged communication.

() +o, since he wrote his article under the freedom enjoyed by the press.

(13) &he husband has for a long time physically and mentally tortured his wife. #fter one episode of beating, thewife took the husbands gun and shot him dead. nder the circumstances, her act constitutes

(#) mitigating vindication of grave offense.

(%) battered woman syndrome, a complete self-defense.

(') incomplete self-defense.


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() mitigating passion and obfuscation.

(15) &here is violation of #rt. 17, $8' (ther forms of Swindling) where

(#) the owner of property sells a property and subse/uently rescinds the sale.

(%) the real property subject of the sale does not e4ist.

(') the property was mortgaged for a usurious contract of loan.

() the owner disposes of his encumbered real property as if it is free from encumbrances.

(17) ?, a police officer, placed a hood on the head of !, a suspected drug pusher, and watched as @ and >>and did not get approval of his sick leave application for #pril because of evidence that he was actuallymoonlighting elsewhere. &hus, the medical irector caused the withholding of his salary for the periods in/uestion until he submitted his &$s in 9ay *>>>. 'an r. 'how prosecute the medical director for causinghim undue injury in violation of the #nti-0raft and 'orrupt 8ractices #ct"

(#) @es, since the medical irector acted with evident bad faith.

(%) +o, since the medical director has full discretion in releasing the salary of government doctors.

(') @es, since his salary was withheld without prior hearing.

() +o, since r. 'how brought it upon himself, having failed to submit the re/uired &$s.

(1;) !hen a penal law is absolutely repealed such that the offense is decriminaliBed, a pending case chargingthe accused of the repealed crime is to be

(#) prosecuted still since the charge was valid when filed.

(%) dismissed without any precondition.

(') dismissed provided the accused is not a habitual delin/uent.

() prosecuted still since the offended party has a vested interest in the repealed law.

(1=) In malversation of public funds, the offenders return of the amount malversed has the following effect

(#) It is e4culpatory.


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(%) It is inculpatory, an admission of the commission of the crime.

(') &he imposable penalty will depend on what was not returned.

() It is mitigating.

(*>) &he e4changes of highly offensive words between two /uarrelling women in the presence of a crowd ofpeople constitute

(#) one count of grave slander against the woman who uttered the more insulting e4pressions.

(%) grave slander against the woman who started it and light slander against the other woman.

(') two separate counts of light slander, one for each woman.

() two separate counts of grave slander, one against each of them.

(*1) #ny person who, having found lost property, shall fail to deliver the same to the local authorities or to itsowner is liable for

(#) occupation or usurpation of personal property.

(%) civil damages only.

(') theft.

() other deceits.

(**) # crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is called

(#) dolo.

(%) culpa.

(') tortious crimes.

() /uasi delict.

(*) &o mitigate his liability for inflicting physical injury to another, an accused with a physical defect must provethat such defect restricted his freedom of action and understanding. &his proof is not re/uired where thephysical defect consists of

(#) a severed right hand.

(%) complete blindness.

(') being deaf mute and dumb.

() a severed leg.

(*3) #n e4tenuating circumstance, which has the same effect as a mitigating circumstance, is e4emplified by


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(#) the mother killing her *-day old child to conceal her dishonor.

(%) the accused committing theft out of e4treme poverty.

(') the accused raping his victim in e4treme state of passion.

() the accused surrendering the weapon he used in his crime to the authorities.

(*5) &hree men gave #rnold fist blows and kicks causing him to fall. #s they surrounded and continued hittinghim, he grabbed a knife he had in his pocket and stabbed one of the men straight to the heart. !hat crime did#rnold commit"

(#) 6omicide with incomplete self-defense, since he could have run from his aggressors.

(%) 6omicide, since he knew that stabbing a person in the heart is fatal.

(') 6omicide mitigated by incomplete self-defense, since stabbing a person to the heart is e4cessive.

() +o crime, since he needed to repel the aggression, employing reasonable means for doing so.

(*7) #, %, and ' agreed to rob a house of its cash. # and % entered the house while ' remained outside aslookout. #fter getting the cash, # and % decided to set the house on fire to destroy any evidence of theirpresence. !hat crime or crimes did ' commit"

(#) $obbery and arson since arson took place as an incident of the robbery.

(%) $obbery and arson since ' took no step to stop the arson.

(') Eust for robbery since he only agreed to it and served as lookout.

() #ccomplice to robbery since his role in the crime was minimal.

(*:) ?, a court employee, wrote the presiding judge a letter, imputing to @, also a court employee, the act ofreceiving an e4pensive gift from one of the parties in a pending case. %ecause of this, @ accused ? of libel.oes @ need to prove the element of malice in the case"

(#) +o, since malice is self-evident in the letter.

(%) @es, malice is not presumed since ? wrote the letter to the presiding judge who has a duty to acton what it states.

(') +o, since malice is presumed with respect to defamatory imputations.

() @es, since malice is not presumed in libel.

(*;) ? killed %, mistakenly believing that she was his wife, upon surprising her having se4 with another man in amotel room. !hat is the criminal liability of ?"

(#) +one since he killed her under e4ceptional circumstances.

(%) +one since he acted under a mistake of fact.

(') 8arricide.


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() 6omicide.

(*=) ? draws a check upon re/uest of @, the payee, who told ? that he would merely show the check to hiscreditor to gain more time to pay his account. &he check bounced upon presentation by the creditor. nder thecircumstances, who can be prosecuted for estafa based on the dishonored check"

(#) @ as the one who negotiated the check contrary to the agreement

(%) ? as the drawer of the check

(') %oth ? and @ based on conspiracy

() +one

(>) #na visited her daughter %elen who worked as 'aloys housemaid. 'aloy was not at home but ebbie, acasual visitor in the house, verbally maligned %elen in #nas presence. Irked, #na assaulted ebbie. nder thecircumstances, dwelling is +& regarded as aggravating because

(#) welling did nothing to provoke #na into assaulting ebbie.

(%) 'aloy, the owner of the house, was not present.

(') ebbie is not a dweller of the house.

() %elen, whom ebbie maligned, also dwells in the house.

(1) It is a matter of judicial knowledge that certain individuals will kill others or commit serious offenses for noreason at all. For this reason,

(#) lack of motive can result in conviction where the crime and the accusedCs part in it are shown.

(%) motive is material only where there is no evidence of criminal intent.

(') lack of motive precludes conviction.

() the motive of an offender is absolutely immaterial.

(*) 9inority is a privileged mitigating circumstance which operates to reduce the penalty by a degree wherethe child is

(#) 15 years and below acting without discernment.

(%) above 15 years but below 1; acting without discernment.

(') below 1; years acting with discernment.

() 1; years old at the time of the commission of the crime acting with discernment.

() &he crime of robbery in an inhabited house or public building is mitigated when the offenders

(#) entered the house using false keys.


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(%) although armed did not fire their weapons.

(') entered through a window without breaking it.

() although armed took property valued at only 8*>>.

(3) # private person who assists the escape of a person who committed robbery shall be liable

(#) as a principal to the crime of robbery.

(%) as an accessory to the crime of robbery.

(') as a principal to the crime of obstruction of justice.

() as an accessory to the crime of obstruction of justice.

(5) !hich among the following circumstances do +& /ualify the crime of kidnapping"

(#) &he victim is killed as a conse/uence of the detention.

(%) &he offender is a public officer.

(') $ansom is demanded.

() &he victim is raped.

(7) $emoving, concealing or destroying documents to defraud another constitutes the crime of estafa ifcommitted by

(#) any public officer.

(%) a public officer officially entrusted with the document.

(') private individuals who e4ecuted the same.

() private individuals.

(:) agami concealed %ugnas body and the fact that he killed him by setting %ugnas house on fire. !hatcrime or crimes did agami commit"

(#) 9urder, the arson being absorbed already

(%) Separate crimes of murder and arson

(') #rson, the homicide being absorbed already

() #rson with murder as a compound crime

(;) Sam wrote a letter to his friends stating that Eudge don loves obscene magaBines and keeps these in hisdesk. 'harged with libel, can Sam present proof that Eudge don indeed loves obscene magaBines and keepsthese in his desk"


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(#) +o, since the imputation is not related to the duties of a judge.

(%) +o, since Sam does not impute a crime to Eudge don.

(') +o, since Sam imputes the commission of a crime to Eudge don.

() @es, since truth can be a valid defense in libel.

(=) ?, without intent to kill, aimed his gun at < and fired it, hitting the latter who died as a conse/uence. nderthe circumstances

(#) ? cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim.

(%) ? may plead praetor intentionem since he intended only to scare, not kill


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() 9 killed $ who slandered his wife.

(3) &o save himself from crashing into an unlighted truck abandoned on the road, Eose swerved his car to theright towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance of stateof necessity"

(#) +o, because the bystanders had nothing to do with the abandoned truck on the road.

(%) +o, because the injury done is greater than the evil to be avoided.

(') @es, since the instinct of self-preservation takes priority in an emergency.

() @es, since the bystanders should have kept off the shoulder of the road.

(33) &he accused was shocked to discover his wife and their driver sleeping in the masters bedroom.utraged, the accused got his gun and killed both. 'an the accused claim that he killed the two undere4ceptional circumstances"

(#) +o, since the accused had time to reflect when he got his gun.

(%) +o, since the accused did not catch them while having se4ual intercourse.

(') @es, since the wife and their driver desecrated the marital bed.

() @es, since the scene shows that they had an intimate relationship.

(35) &he three accused forcibly took their victim from his car but the latter succeeded in freeing himself fromtheir grip. !hat crime did the three accused commit"

(#) forcible abduction.

(%) frustrated kidnapping.

(') attempted kidnapping.

() grave coercion.

(37) eeply enraged by his wifes infidelity, the husband shot and killed her lover. &he husband subse/uentlysurrendered to the police. 6ow will the court appreciate the mitigating circumstances of (i) passion orobfuscation, (ii) vindication of a grave offense, and (iii) voluntary surrender that the husband invoked andproved"

(#) It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstanceand vindication of a grave offense as another.

(%) It will appreciate all three mitigating circumstances separately.

(') It will appreciate the three mitigating circumstances only as one.

() It will appreciate passion or obfuscation and vindication of a grave offense as just one mitigatingcircumstance and voluntary surrender as another.

(3:) &he aggravating circumstance of uninhabited place is aggravating in murder committed


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(#) on a banca far out at sea.

(%) in a house located in cul de sac.

(') in a dark alley in &ondo.

() in a partly occupied condominium building.

(3;) &he penalty of perpetual or temporary special dis/ualification for the e4ercise of the right of suffrage does+& deprive the offender of the right

(#) to be elected to a public office.

(%) to vote in any popular election for a public office.

(') to vote in a plebiscite.

() to hold any public office.

(3=) !ithout meaning anything, < happened to stare into the eye of one of four men hanging out by a storewhich he passed. &aking offense, the four mauled and robbed him of his wages. < went home, took a knife, andstabbed one of his attackers to death. 'harged with murder, < may raise the mitigating circumstance of

(#) praeter intentionem.

(%) incomplete self-defense preceded by undue provocation.

(') passion or obfuscation.

() complete self-defense.

(5>) # public officer who immediately returns the bribe money handed over to him commits

(#) no crime.

(%) attempted bribery.

(') consummated bribery.

() frustrated bribery.

(51) irect bribery is a crime involving moral turpitude. From which of the following elements of direct briberycan moral turpitude be inferred"

(#) &he offender receives a gift by himself or through another.

(%) &he offender is a public officer.

(') &he offender takes a gift with a view to committing a crime in e4change.

() &he act which the offender agrees to perform or which he e4ecutes is connected with his officialduties.


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(5*) Insuperable cause is an e4empting circumstance which may be applied to

(#) robbery.

(%) misprision of treason.

(') homicide.

() rebellion.

(5) !hich of the following crimes is an e4ception to the &erritoriality $ule in 'riminal law"

(#) Hiolation of the &rademark Daw committed by an alien in the 8hilippines.

(%) Forgery of S bank notes committed in the 8hilippines.

(') 'rime committed by a Filipino in the disputed SpratlyCs Island.

() 8lunder committed at his place of assignment abroad by a 8hilippine public officer.

(53) ?, @ and < agreed among themselves to attack and kill #, a police officer, but they left their home-madeguns in their vehicle before approaching him. !hat crime have they committed"

(#) 'onspiracy to commit indirect assault.

(%) #ttempted direct assault.

(') 'onspiracy to commit direct assault.

() Illegal possession of firearms.

(55) n hearing a hospital ward patient on the ne4t bed, shrieking in pain and begging to die, 9ona shut off theo4ygen that was sustaining the patient, resulting in his death. !hat crime if any did 9ona commit"

(#) 6omicide.

(%) 9urder if she deliberated on her action.

(') 0iving #ssistance to Suicide.

() 2uthanasia.

(57) !hen committed outside the 8hilippine territory, our courts +& have jurisdiction over the crime of

(#) treason.

(%) piracy.

(') espionage.

() rebellion.


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(5:) 9otive is generally I99#&2$I#D in determining criminal liability 2?'28& when

(#) several offenders committed the crime but the court wants to ascertain which of them acted asleader.

(%) the evidence of the crime consists of both direct and circumstantial evidence.

(') ascertaining the degree of penalty that may be imposed on the offender.

() the evidence of guilt of the accused is circumstantial.

(5;) !hich of the following circumstances of dishonor of a check can be a basis for prosecution under thebouncing checks law"

(#) &he check was returned unpaid with stamp Astop payment,A although the drawers deposit wassufficient.

(%) &he check, drawn and issued in the 8hilippines, was dishonored by the drawee bank in a foreigncountry.

(') &he check was presented to the bank for payment 7 months after the date of issue.

() &he drawer of the dishonored check paid its value within 5 days from notice of dishonor.

(5=) ? and his step-father have a long-standing enmity. ne day, irked by an argument with his step-father, ?smashed the windshield of his step-fathers brand new #udi sports car. ? is liable for

(#) malicious mischief.

(%) malicious mischief with the alternative mitigating circumstance of relationship.

(') malicious mischief with the alternative aggravating circumstance of relationship.

() $I06& #+S!2$ the civil damage he caused.

(7>) &he classification of felonies into grave, less grave, and light is important in ascertaining

(#) if certain crimes committed on the same occasion can be comple4ed.

(%) the correct penalty for crimes committed through reckless imprudence.

(') whether the offender is liable as an accomplice.

() what stage of the felony has been reached.

(71) # child in conflict with the law shall enjoy all the rights of a child until

(#) he is found to have acted with discernment.

(%) his minority is setoff by some aggravating circumstance.

(') he is proved to be 1; years or older.


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(') raises the penalty by two periods higher.

() is one which applies only in conjunction with another aggravating circumstance.

(7:) ? inflicted serious injuries on @. %ecause of delay in providing medical treatment to @, he died. Is ?criminally liable for the death of @"

(#) @es because the delay did not break the causal connection between ?Cs felonious act and theinjuries sustained by @.

(%) @es because any intervening cause between the infliction of injury and death is immaterial.

(') +o because the infliction of injury was not the immediate cause of the death.

() +o because the delay in the administration of the medical treatment was an intervening cause.

(7;) In an attempted felony, the offenders preparatory act

(#) itself constitutes an offense.

(%) must seem connected to the intended crime.

(') must not be connected to the intended crime.

() re/uires another act to result in a felony.

(7=) ? inflicted violent kicks on vital parts of 2Cs body. 2 nevertheless was able to flee for fear of his life.$efusing to undergo treatment for his injuries, 2 died days later. Is ? liable for 2s death"

(#) +o, since kicks on the body cannot cause death.

(%) +o, since it took too long for death to occur.

(') @es, since 2 cannot be compelled to undergo medical treatment.

() @es, since it was a natural result of the injuries ? inflicted on 2.

(:>) >>-11:->>>1 # criminal action for rape is e4tinguished when the offender is forgiven by

(#) $I06& #+S!2$ the offenders wife who herself is the rape victim.

(%) his wife for having raped another woman.

(') the rape victims husband.

() the rape victim herself.

(:1) # battered woman claiming self-defense under the #nti-Hiolence against !omen and 'hildren must provethat the final acute battering episode was preceded by

(#) battering episodes.


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(%) 3 battering episodes.

(') 5 battering episodes.

() * battering episodes.

(:*) # special comple4 crime is a composite crime

(#) made up of * or more crimes defined in the 8enal 'ode.

(%) with its own definition and special penalty provided by the 8enal 'ode.

(') with its own definition and special penalty provided by a special penal law.

() made up of * or more crimes defined in the 8enal 'ode and special penal laws.

(:) !hat court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel of$ussian registry while the vessel is anchored outside the breakwaters of the 9anila bay"

(#) &he Indonesian court.

(%) &he $ussian court.

(') &he 8hilippine court.

() #ny court that first asserts jurisdiction over the case.

(:3) ?, intending to kill @, a store owner, fired at @ from the street, but the shot killed not only @ but also < whowas in the store. #s a case of aberratio ictus, it is punishable as a

(#) comple4 crime proper.

(%) special comple4 crime.

(') continuing crime.

() compound crime.

(:5) # proposal to commit a felony is punishable only when the law specifically provides a penalty for it as in thecase of proposal to commit

(#) rebellion.

(%) sedition.

(') espionage.

() highway robbery.

criminal law mcq 2011

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