IN
CRIMINAL LAW (BK I)
MULTIPLE CHOICE
1. In
case of the conviction of the accused, who will pay the cost of the
proceedings.
A.
Relatives of the accused C. The winning party
B. The
accused D. The State
2. If the property of the accused is not
sufficient for the payment of all the pecuniary liabilities, which will be
given the
first priority to be paid?
A. The cost of the proceedings C.
The indemnification of the consequential damages
B. the fine D. The reparation of the damaged cause
3. What is the equivalent rate of the subsidiary
personal liability if the accused has no property with which to pay the
fine in the decision of the court.
A. One day of each Ten Pesos C.
One day for each Fifteen Pesos
B. One day
for each Eight Pesos D. One day for each twenty Pesos
4. If the accused was prosecuted for grave or
less grave felony and the principal penalty imposed is only a fine, how
long shall be the subsidiary
imprisonment of the accused.
A. Three (3) months C.
Four (4) months
B. Six (6)
months D. Five (5) months
5. If the accused was prosecuted for light
felonies only, and the principal penalty is only fine, how long shall be the
subsidiary imprisonment of the
accused.
A. Ten (10) days C. Six (6) days
B. Twelve (12) days D. Fifteen (15)
days
6. It is a subsidiary personal liability to be
suffered by the convict who has no property with which to meet the fine.
A. Pecuniary penalty C. Subsidiary
penalty
B. Administrative penalty D.
Correctional penalty
7. What is the accessory penalty of reclusion
perpetua and reclusion temporal.
A. Civil
interdiction for life C.
Suspension of the right of suffrage
B. Suspension of the right to hold office. D. No
accessory penalty
8. What
is the accessory penalty of Destierro.
A. Civil interdiction for life
B. Suspension from public office, profession or
calling
C. Suspension of the right to suffrage
D. No
accessory penalty
9. Every penalty imposed for the commission of a
felony shall carry with it the ___________ of the proceeds of the
crime and the instruments or tools
with which it was committed.
A. Destruction C. Auction
B.
Forfeiture D. Removal
10. The proceeds and instruments or tools of the
crime shall be taken in favor of the __________.
A. Victim C. Third party
B. Accused D. Government
11. When can confiscation of the proceeds or
property or instruments of the crimes be ordered by the court.
A. When it
submitted in evidence
B. When it is not placed at the disposal of the
court
C. When it is owned by the victim
D. When it is owned by the accused
12. Articles which are forfeited, when the order
of forfeiture is already final cannot be returned even in case
of an __________
A. Revival of the case C.
Appeal
B.
Acquittal D. Refilling of the case
13. The penalty prescribed by law for the
commission of a felony shall be imposed upon the _______ in the
commission of the felony.
A. Accessories C. Principals
B. Accomplices D. Co- accused
14. It is the penalty which cannot be imposed
when the guilty party is more than seventy years of age.
A. Reclusion Perpetua C. Death penalty
B. Prison correctional D.
Arresto Mayor
15. A single out act constitute two or more grave
or less grave felonies is a ____________ crime.
A. Grave offense C. Less grave offense
B. Complex
crime D. Continuing crime
16. In defense of relatives, one of the relatives
that can be defended are those relatives by consanguinity within the
fourth civil degree, such as
_____________.
A. Brothers and sisters C. First cousin
B. Uncle and niece D.
Second cousin
17. When somebody defended a very distant relative, he is committing
________.
A. Self defense C. Defense of stranger
B. Defense of relative D.
Fulfillment of duty
18. A person considered as _________ is exempt in
all cases from criminal liability.
A. Insane C. Feebleminded
B. Imbecile D. Epileptic
19. During this lucid interval, an insane person
acts with _________.
A. Emotions C. Intelligence
B. Anxiety D. Depression
20. It is the __________ who has the burden of
proof to show insanity.
A. Prosecution C. Court
B. Defense D. Prosecutor
21. It is a single crime, consisting of a series
of acts but all arising from one criminal resolution.
A. Plural crime C. Habitual crime
B.
Continuing crime D. Revolving crime
22. A person shall be deemed to be ________ if
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, estafa, or falsification, he is found guilty
of
any of said crimes a third time or
oftener.
A. Recidivist C. Ex – convict
B. Habitual
delinquent D. Pardonee
23. In imposing fines, the court may fix any
amount within the limits established by law; in fixing the amount in each
case attention shall be given, not
only to the mitigating and aggravating circumstances, but more
particularly
to the ________ of the defendant.
A. Education C. Health
B. Wealth
and means D. Age
24. Whenever any prisoner shall have served the
________ penalty imposed on him, it shall appear to the Board
of Indeterminate Sentence that such
prisoner is fitted for release, said Board may authorize the release
of such prisoner on parole, upon
such terms and conditions as may be prescribed by the Board.
A.
Medium C. Minimum
B.
Maximum D.
One half
25.
It is the disposition under which a defendant after conviction and sentence is
released subject to
conditions imposed by the court and to the
supervision of a probation officer.
A. Parole C. Probation
B. Recognition D. Pardon
26. A person placed on probation.
A. Parolee C. Pardonee
B. Probationer D. Ex- convict
27. One who investigate for the court a referral
for probation or supervises a probationer or both
A. Parole officer C. Probation
officer
B. Police officer D.
Administrative officer
28. No penalty shall be executed except by virtue
of a _________ judgment.
A. In terim C. De Jure
B. Final D. Temporary
29. When a convict becomes insane or imbecile
after final sentence has been pronounced, the execution of said
sentence is __________ only as
regards the personal penalty.
A. Continued C. Extinct
B. Suspended D. Enforced
30. If the convict becomes insane or imbecile
after the final sentence, the payment of his ________ shall not be
suspended.
A. Criminal liability C. Civil or
pecuniary liabilities
B. Administrative liability D. Personal liability
31. Whenever a minor or either sex under 18 years
of age at the time of the commission of a grave or less grave
felony, is accused thereof, the
court, after hearing the evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall
___________ all further proceedings and shall commit such minor
to the custody and care of a public
or private charitable institution.
A. Proceed C. Set aside
B. Suspend D. Prolong
32. If the minor has behaved properly or has
complied with the conditions imposed upon him during his confinement,
in accordance with the provisions of
Art. 80 he shall be returned to the ____________ in order that the same
may order his final release.
A. DSWD C. Court
B. Parents D. Relatives / guardians
33. In case the minor fails to behave properly or
to comply with the regulations of the institution to which he was
committed, or he was found to be incorrigible he shall be
returned to the court in order that the same may
_________ corresponding to the
crime committed by him.
A. Render
the judgment C. Order extension of his commitment
B. Order his release D.
Order his rehabilitation
34. The expenses for the maintenance of the minor
delinquent confined in the institution to which he has been
committed, shall be borne totally or
partially by _________ or those persons liable to support him, if they are
able to do so in the discretion of
the court.
A. DSWD C. Institution
B. Parents
or relatives D. State
35. Under the new law, the age of majority is
___________.
A. 21 years old C. 18 years old
B. 15 years old D. 16 years old
36. Any person sentenced to ___________ shall not
be permitted to enter the place or places designated in the
sentenced, nor within the
radius therein specified.
A. Arresto Mayor C. Destierro
B. Aresto Menor D. Prision Mayor
37.
The radius specified in the penalty of destierro shall be _____________.
A. Not less than 25kms. But not more than 200
kms.
B. Not less than 20 kms. But not more than 225
kms.
C. Not less than 5 kms. But not more than 125
kms.
D. Not less
than 25 kms. But not more than 250 kms.
38. The penalty of ____________ shall be served
in the municipal jail or in the house of the defendant under the
surveillance of an officer of the
law.
A. Arresto Mayor C. Prision correccional
B. Arresto
Menor D. Prision Mayor
39. As the personal penalties, criminal liability
of the accused is totally extinguished upon his _________.
A. Incarceration C. Death
B. Conviction D. Confinement
40. The pecuniary liabilities of the convict is
extinguished only when the death of the offender occurs _______.
A. After the final judgment C. During the pendency of the case
B. Before
the final judgment D. During the hearing of the case
41. It is not one of the grounds of extinction
of criminal liability of the accused.
A. By voluntary surrender
B. By service of sentence
C. By absolute pardon
D. By prescription of the crime
42. Amado was change with homicide during the
pendency of the case Amado died what will happen to the
Case filed against him.
A. The case will continue to
be heared.
B. The case will be
suspended.
C. The case will set aside.
D. The case will be dismissed.
43. Berto was sentenced in the regional trial
court. He appealed the case to the court of appeals. During the
pendency
of his appeal, Berto died. What will happen to his civil and criminal
liability?
A. The civil and criminal
liability is not extinguished?
B. The civil and environmental liability is extinguished?
C.
The civil and criminal liability will be suspended.
D. The civil and
criminal liability is set a side.
44. It is an act of grace proceeding from the
power entrusted with the execution of the laws which the individual
On whom it is bestowed from the
punishment the law inflicts for the crime he has committed.
A. Parole C. Prescription of penalty
B. Pardon D.
Prescription of crime
45. It is the forfeiture or loss of the right of
the state to prosecute the offender after the lapse of a certain time.
A. prescription of crime C. Parole
B. Prescription of
penalty D. Probation
46.
It is the loss or forfeiture of the right of the government to execute the
final sentence after the lapse of a certain
Time.
A. Amnesty C. Prescription of penalty
B. Pardon D.
Prescription of criminal
47.
Crimes punishable by reclusion perpetua or
reclusion temporal shall prescribed in _____
A. 10yrs C. 20yrs.
B. 12yrs D.
15yrs.
48.
Crimes punishable by other affective penalties shall prescribe in _____
A. 15 years C. 5 years
B. 10 years D. 20
years.
49.
Crimes punishable b correctional penalty shall prescribed in _____
A. 5 years C.
15 years
B. 10years D.
6 years
50.
The crime of libel on other similar offenses shall prescribed in _____
A. Two years C. One year
B. Five years D. Ten
years
51.
The 0ffense of oral deformation and slander by deed shall prescribed in _____.
A. Six month C. One
year
B. One month D. Five
years
52.
In computing the period of ______ the first day is to be excluded and the last
day included.
A. Judgment C.
Conviction
B. Prescription D. Confinement
53.
The prescriptive period of offenses punishable under special laws and municipal
and ordinances, such as
offenses punished only by a fine or by
imprisonment for not more than one month, or both prescribed after ______.
A. Four years B. One years
C. Five years D. Eight years
54.
The term of prescription shall not run when the offender is _____.
A. Absent from the Phil. Archipelago. B. Under rehabilitation
C. Confined D. Arrested
55.
The period of prescription of penalties shall commence to run from the date
when the offender should _____ the
service of this sentence.
A. Start serving C. Commence
B. Evade D. Interrupt
56.
It is a change of the decision of the court made by the Chief Executive by
reducing the degree of the penalty
inflicted upon the convict, or by
decreasing the length of the imprisonment of the amount of the fine
A. Reprieve C. Suspension of sentence
B. Commutation of sentence D. Enforcement of sentence
57.
It is considered a contract between the sovereign power of the executive and
the convict that the sovereign power
will release convict upon compliance
with the condition.
A. Amnesty C. Conditional Pardon
B. Probation D.
Reprieve
58.
Any person who has been granted conditional pardon shall incurr the obligation
of _____ otherwise, his non
compliance shall result in the
revocation of the pardon.
A. Strictly complying the condition B. Ignoring the condition
C. Evading the condition D. Questioning the
condition
59.
It is the prerogative of the Executive to extend this to the offender at any
time after the imposition of the final
judgment.
A. Parole C.
Probation
B. Amnesty D. Conditional Pardon
60.
It is an Executive clemency given to the convicted offender after the offender
has served the minimum penalty
through the Board of Pardons and
Parole.
A. Parole C.
Amnesty
B. Pardon D.
Probation
61.
Every person criminally liable for a felony is also _____ liable.
A. Administratively C. Personally
B. Civily D.
Socially
62.
It is one of the extinguishment o9f civil liability.
A. Serving of sentence C. Amnesty
B. By compensation D. Parole
63.
It is included in civil liability.
A. Restitution C.
Indemnification for damages consequential
B. Reparation of the
damage caused D. All of the above
64.
The civil liability for acts committed by a youthful offender shall be paid by
the offenders _____.
A. Parents C.
Relative
B. Guardians D. All of the above
65.
A prisoner who showed good conduct inside the penal institution shall be
allowed a deduction of his penalty for a
period of _____ for each month of good
behavior during the first two years of his imprisonment.
A. Five days C. Eight days
B. Ten days D.
Fifteen days
66.
During the 3rd to 5th year of his imprisonment the prisoner shall be
allowed a deduction of _____ for each month
of good behavior.
A.
Fifteen days C.
Five days
B. Eight days D. Ten days
67.
During the 6th year until the tenth year, of his imprisonment, the
prisoner shall be allowed a deduction of _____for
each month of good behavior.
A. Eight days C. Ten days
B. Five days D.
Fifteen days
68.
During the eleventh and successive years of his imprisonment, the prisoner
shall be allowed a deduction of _____ for each month of good behavior.
A. Five days C. Ten
days
B. Eight days D. Fifteen days
69.
Ana was charged with the crime of adultery together with his boyfriend. Ana,
the married woman after conviction, her husband pardoned her alone is the
pardon effective?
A. Yes because she was
pardoned by her husband
B. No, the pardon should include the man to be
effective.
C. Yes, because it is
voluntary given by the husband,
D. No, because pardon
can only be given by the Chief Executive
70.
When a single act constitute two or more grave or less grave felonies, or when
an offense is necessary means for committing the other, the penalty for _____
shall be imposed in its maximum.
A. The less serious
crime C. The most serious crime
B. The light offense D. The most common
crime
Questions 71 to 85
Write
A if both statements are correct; B if first statement is correct and the
second is incorrect.
C if the first statement is incorrect
and the second is correct; D if both statements are incorrect.
___A_ 71. Subsidiary imprisonment is not an accessory
penalty. It is a penalty for it is
imposed upon the accused
and served by him in lieu
of the fine which he fails to pay on account of insolvency.
__B__72. One of the pecuniary penalties of the
offender is reparation of the damaged caused.
The pecuniary
Liabilities applies only in
case the property of the offender is sufficient for the payment of all his
pecuniary
liabilities.
___C__ 73. The subsidiary personal, liability of the offender
is at the rate of one day for each ten pesos.
The convict
who served
subsidiary penalty may still be required to pay the fine.
___D_ 74. When the court merely imposes a fine, the
subsidiary liability shall not exceed one year. The proceeds of
the crime as well as
the tools and instruments shall be forfeited and confiscated in favor of the
victim.
__A_ 75. The confiscation of the proceeds or tools or
instruments of the crime can be ordered only if they are
submitted in
evidence or placed at the disposal of the court. Articles which are forfeited, when the
order of forfeiture
is already final, cannot be returned even in case of acquittal.
___B__ 76. The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the
commission of such
felony. According to Art. 47 of the RPC death penalty may be
imposed when
the guilty person be more than
70 years of age.
___C__ 77. A complex crime is not considered as one
crime. One of the kinds of complex crime
is when an offense is
A necessary means
for committing another crime.
__D___ 78. A continuing crime is not a single crime
consisting of series of acts but all is not arising from one criminal
resolution. In continuing offense, although there is a
series of acts, there are several crimes committed.
__A___ 79. Indeterminate Sentence Law is an act which
provide for an indeterminate sentence and parole for all
persons convicted of
certain crimes by the courts of the Philippine Island. The act shall not apply to
persons convicted of offenses punished
with death penalty of life imprisonment.
___A__ 80. The court must, instead of single fixed
penalty, determine two penalties, referred to in the Indeterminate
Sentence Act as the
Maximum and Minimum terms. Indeterminate
Sentence Law does not apply
to those who are habitual
delinquents.
___A_ 81. Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. The
probation law does not
apply to offenders sentenced to serve a maximum of more than six years.
___A__ 82. If the convict is sentenced to a term of
imprisonment of not more than one year, the period of probation
shall not exceed two years.
In all other cases, if he is sentenced to more than one year, said probation
period shall not exceed six years
__B___ 83. Minor delinquents are not confined in a
penitentiary to prevent their association with matured and
hardened criminals. Their
confinement in a charitable institution is considered a penalty.
___C__ 84. Art. 80 of the RPC (Suspension of sentence of
minors) is applicable only to light felonies.
If a light
felony is committed by a
minor, he is not subject to imprisonment, because he is entitled to a penalty
of
one degree lower at
least
___B__ 85. The criminal liability is totally
extinguished by service of sentence. It
is also extinguished by means of
parole.
86. It is an exception to the General
Characteristic of Criminal Laws.
A. Consul C. Chief of State
B. Commercial representative D.
Senators and Congressmen
87. A legislative act which inflicts punishment
without judicial trial.
A. Bill of Lading C.
Special Law
B. Bill of
attainder D. Criminal Law
88. It is a branch or division of law which
defines crimes, treats of their nature, and provides for their punishment.
A. Remedial Law C. Political Law
B. Civil Law D. Criminal Law
89. It is not one of the sources of our Criminal Law.
A. Revised Penal Code C. Courts
B. Special Laws D. Executive Department
90. A body of principles, usages and rule of
action, which do not rest for their authority upon any express and positive
declaration of the will of the
legislature.
A. Legislative Law C.
Remedial Law
B. Common
Law D. Political Law
91. It means that as a rule, penal laws are
enforceable only within the territory of the Philippines ,
A.
Territoriality principle C. Retroactivity Principle
B. Generality Principle D. Prospectively
Principle
92. According to the classical theory, it states
that the purpose of the penalty is ___________
A. Revenge C. Remuneration
B.
Retribution D. Pardon
93. In self defense, the burden of proof rest
upon the ____________
A. Relative C. Victim
B. Accused D. State
94. In defense of relatives, one of the relatives
that can be defended are those relatives
by consanguinity within the
fourth civil degree such as
_________________
A. Brothers and sisters C. First cousin
B. Uncle and niece D. Second
cousin
95. Relationship by blood refers to relatives by
_____________
A. Affinity C. Legislation
B.
Consanguinity D. Naturalization
96. A person considered as ___________ is exempt
in all cases from criminal liability
A. Insane C. Feebleminded
B. Imbecile D. Epileptic
97. As a rule, ______________ is mitigating in
the crimes against property.
A. Intoxication C. Relationship
B. Education D. Sex
98. It is a circumstances present in a crime
where it may increase or decrease the criminal liability.
A. Exempting circumstances C. Alternative circumstances
B. Justifying circumstances D.
Mitigating circumstances
99. It is a kind of aggravating circumstance that
changes the nature of the crime. Example
treachery qualifies the
killing of a person to murder.
A.
Qualifying aggravating C. Specific aggravating
B. Generic aggravating D. Inherent
aggravating
100. They are persons criminally liable due to
their direct participation in the commission of the crime.
A. accessories C. Principals
B. Accomplices D. Co-accomplices
GOOD LUCK
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