Law 2 – Criminal Law 2 (Book 2

FINAL EXAMINATION

(Law 2 – Criminal Law 2 (Book 2)

SY2011-2012/2^nd Semester

INSTRUCTION: Select the correct answer for each of the following questions. Mark only one answer for each item by shading the space corresponding to the letter of your choice on the answer sheet provided. STRICTLY NO ERASURES ALLOWED.

1.     What crime is committed when a person, through force, inserts his penis into another person’s mouth or anal orifice?

A.     Simple rape                              C. Qualified rape

B.     Rape by sexual assault                D. Acts of Lasciviousness

2.     If a person wounds, assaults or beats another person causing deformity on the latter, the crime committed is:

A.     Serious physical injuries                   C. Slight physical injuries

B.     Less serious physical injuries             D. Mutilation

3.     What crime is committed when a person, without intent to kill, inflicts upon another any serious physical injury, by knowingly administering to him any injurious substances or beverages?

A.     Serious physical injuries                   C. Mutilation

B.     Less serious physical injuries            D. Administering injurious substances or beverages

4.     MAGDA, a prostitute, agreed to have sex with a customer for the amount of P1,000.00. While in the motel, the customer started kissing MAGDA. MAGDA noticed that the customer has bad breath. Eventually, she pulled away from the customer and refused to have sex with him. Angered by the refusal, the customer forced himself on MAGDA who was able to accomplish his carnal desires on the latter. What crime, if any, did the customer commit?

A.     Rape                                      C. Acts of lasciviousness

B.     Seduction                                D. No crime was committed

5.     Republic act no. 8353 is also known as:

A.     Comprehensive dangerous drugs act of 2002   C. Anti-rape law of 1997

B.     Anti-torture law                                           D. None of these

6.     NENE, a 10-year old girl, consented to have sex with her 20-year old neighbor HOMER who looks like John Lloyd Cruz. What crime, if any, did HOMER commit?

A.     Simple rape                              C. Qualified rape

B.     Violation of child abuse law         D. Qualified Seduction

7.     What crime is committed when a police officer takes advantage of his position to rape another person?

A.     Simple rape                              C. Sexual assault

B.     Qualified rape                           D. None of these

8.     Any private person who shall enter the dwelling of another against the latter’s will commits the crime of:

A.     Qualified trespass to dwelling      C. Trespass to property

B.     Simple trespass to dwelling         D. Violation of domicile

9.     Due to the passage of the Anti-rape law of 1997, Rape is now classified as:

A.     Crime against chastity               C. Crime against liberty

B.     Crime against persons               D. None of these

10.  If the person kidnapped or detained shall be a female, the crime is:

A.     Kidnapping and serious illegal detention     C. Slavery

B.     Slight illegal detention                              D. Arbitrary detention

11.  It is a crime committed by anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter’s will, retain him in his service.

A.     Slavery                                    C. Exploitation of minors

B.     Abandoning a minor                  D. Exploitation of child labor

12.  It is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent

A.     Robbery                                 C. Theft

B.     Estafa                                    D. Piracy

13.  It is a felony committed by any person who shall threaten another with the infliction upon the person, honor, property of the latter or of his family of any wrong amounting to a crime

A.     Grave coercion                          C. Grave threats

B.     Light coercion                           D. Light threats

14.  Any person who shall deliberately cause to the property of another any damage that does not constitute arson shall be guilty for what crime?

A.     Unjust vexation                   D. Damage to property

B.     Malicious mischief                D. None of these

15.  A criminal complaint for adultery can be filed only by whom?

A.     Offended spouse                       C. Both A and B

B.     Guilty spouse                            D. The State

16.  Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner shall be liable for what crime?

A.     Theft                                    C. Robbery                  

B.     Estafa                                   D. No crime was committed

17.  LOLO ROMEO fondled the breast of her 15 year-old granddaughter WENDY. WENDY did not resist the advances of her LOLO and in fact, she stated to him to continue what he is doing. What crime, if any, did LOLO ROMEO commit?

A.     Acts of Lasciviousness                           C. Seduction

B.     Acts of Lasciviousness with the consent   D. Attempted Rape

Of the offended party

18.  Acts of lasciviousness (Art.336) can be committed against:

A.      female only                            C. Either male or female              

B.      male only                               D. None of these

19.  A person who engages in the business of prostitution is liable for what felony?

A.     Prostitution                        C. White slave trade

B.     Slavery                              D. Vagrancy

20.  While walking within the premises of a coconut plantation owned by JOEY, ROLAND saw a piece of coconut on the ground. ROLAND decided to get the coconut and bring it home as a “pasalubong” to his son. What crime, if any, did ROLAND commit?

A.     Simple theft                       C. Robbery

B.     Qualified theft                    D. Estafa

21.  It is the seduction of a woman who is single and of good reputation, over twelve but under eighteen years of age, and committed by means of deceit

A.     Simple seduction              C. Forcible abduction

B.     Qualified seduction           D. Acts of Lasciviousness

22.  KURT has a longstanding grudge against his neighbor JIMI. One day, while JIMI was away, KURT surreptitiously poisoned the cow of JIMI resulting in the death of the cow. What crime, if any, did KURT commit?

A.     Malicious mischief                                     C. Unjust vexation

B.     Violation of PD 533 (Anti-cattle rustling law)  D. Physical injuries

23.  MICHELLE MASIPAG worked as a housemaid and yaya of the one-week old son of the spouses PETER and PAULA. When MICHELLE learned that her 70 year-old mother was seriously ill, she asked PETER for a cash advance of P1,000.00, but PETER refused. One morning, MICHELLE gagged the mouth of PETER’s son with stockings; placed the child in a box; sealed it with masking tape and placed the box in the attic. Later in the afternoon, she demanded  P5,000.00 as ransom for the release of his son. PETER did not pay the ransom. Subsequently, MICHELLE disappeared.

           After a couple of days, PETER discovered the box in the attic with his child already dead. According to the   

  autopsy report, the child died of asphyxiation barely three minutes after the box was sealed. What crime/s did  

  MICHELLE commit?

A.     Kidnapping and serious illegal detention     C. Kidnapping with homicide

B.     Slight illegal detention with homicide         D. Kidnapping and homicide

24.  Unjust vexation is a:

A.     Crime against security           C. Crime against chastity

B.     Crime against property          D. None of these

25.  Malicious mischief is a:

A.     Crime against property         C. Crime against persons

B.     Crime against liberty            D. None of these

26.  SARAH and NONITO are sweethearts. As a birthday gift, NONITO gave SARAH a BlackBerry cell phone. Two days later, SARAH broke up with NONITO because she caught the latter cheating on her. SARAH decided to burn the cell phone that NONITO gave her. What crime, if any, did SARAH commit?

A.     Arson                                C. Damage to property

B.     Malicious mischief               D. No crime was committed

27. In an interview aired on television, DINA uttered defamatory statements against CARMEN, a successful and reputable businesswoman. What crime, if any, did DINA commit?

A.     Slander                             C. Incriminating innocent persons      

B.     Libel                                 D. No crime was committed

28. It consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act.

A.     Reckless imprudence         C. Offense

B.     Simple imprudence           D. None of these

29. It is the abduction of any woman against her will and with lewd designs

A.     Consented abduction        C. Kidnapping

B.     Forcible abduction            D. None of these

30. SIMON entered the house of another without employing force or violence upon things. He was seen by a maid who wanted to scream but was prevented from doing so because SIMON threatened her with a gun. SIMON then took money and other valuables and left. What crime, if any, did SIMON commit?

A.     Theft                           C. Trespass to dwelling

B.     Qualified theft               D. Robbery

31. Seduction is a:

A.     Crime against honor         C. Crime against chastity

B.     Crime against persons      D. Crime against liberty

32. Libel is a:

A.     Crime against persons     C. Crime against chastity

B.     Crime against property    D. Crime against honor

33. A fire broke out in a department store. SID, taking advantage of the confusion, entered the store and carried away goods, which he later sold. What crime, if any, did SID commit?

A.     Robbery                     C. Qualified theft

B.     Theft                         D. Estafa

34. Any person who shall defraud another with unfaithfulness or abuse of confidence shall be liable for what crime?

A.     Theft                        C. Qualified theft

B.     Robbery                    D. Estafa

35. DANTE and DIEGO ate at a restaurant near Our Lady of Fatima University in Valenzuela City. Because it is lunch time, the restaurant was crowded. Realizing that they can leave the restaurant unnoticed without having their bill for the food they ate, paid, the two clandestinely left the place. After two days, the police apprehended the two. What crime, if any, did DANTE and DIEGO commit?

A.     Theft                       C. Estafa

B.     Qualfied theft           D. No crime was committed

36. Kidnapping may be committed by:

A.     Private persons                   C. Either A or B

B.     Public officers/employees      D. None of these

37. It is a crime committed by any person who, in any case other than those authorized by law, or without reasonable ground therefore, shall arrest or detains another for the purpose of delivering him to the proper authorities.

A.     Arbitrary detention                    C. Illegal detention

B.     Unlawful arrest                         D. Kidnapping

38. It is committed by any person who, without authority of law, shall by means of violence, threats or intimidation, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.

a.     Grave coercions                c. Light coercions

b.     Grave threats                   d. Light threats

39. Any person who shall orally threaten to do another any harm not constituting a felony is liable for what crime, if any?

A.     Coercion                                 C. Unjust vexation

B.     Other light threats                   D. No crime was committed

40. A private individual who, in order to discover the secrets of another, shall seize his papers or letters and reveal the contents thereof is liable for what felony?

A.     Infidelity in the custody of documents     C. Theft

B.     Discovering secrets through seizure of    D. Estafa

Correspondence

41. Vex means

A.     Annoyance                            C. Deceit

B.     Asportation                           D. Fraud

42. To constitute a band under Art. 296 of the Revised Penal Code, there must be how many armed persons taking part in a robbery?

A.     More than three                C. Three or more

B.     Three                              D. Less than three

43. A person who possesses a picklock without lawful cause is liable for what crime, if any?

A.     Theft                               C. Fencing

B.     Possession of picklocks      D. No crime was committed

44. A person who uses a picklock or other similar tools in the commission of robbery shall be guilty of what crime?

A.     Robbery                         C. Fencing

B.     Possession of picklocks    D. Robbery and possession of picklocks

45. CAROL and CINDY are sisters. Both are college students in the College of Criminology of Our Lady of Fatima University in Valenzuela City. They both live with their parents. CAROL has a cute shih tzu dog; one day while CAROL was away on a date, CINDY took the dog without the consent of CAROL and sold it to her classmate. What crime did CINDY commit?

A.     Robbery                     C. Malicious mischief

B.     Estafa                        D. Theft

46. In question no. 45, is CINDY criminally liable?

A.     Yes, because she committed theft                 

B.     Yes, because she sold the dog without the permission of her sister       

C.     No, because she is exempted under Art. 332 of the Revised Penal Code

D.    No. Although a crime was committed, she is exempted under Art. 332 of the Revised Penal Code

47. When more than three armed persons form a band of robbers for the purpose of committing robbery in the highway, the felony committed is:

A.     Brigandage                    C. Piracy

B.     Robbery                        D. None of these

48. To be liable for violation of the Anti-Fencing law of 1979 (PD No. 1612), a person who, with intent to gain for himself or another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, any item, article, object which he knows, or should be known to him, to have been derived from the proceeds of the crime of:

A.     Robbery or Theft          C. Theft only

B.     Robbery only               D. Robbery, Theft, or Estafa

49. A person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved is liable for what crime?

A.     Adultery                    C. Bigamy

B.     Concubinage              D. None of these

50. HERCULES kidnapped ACHILLES and subsequently detained him in a rented property somewhere in Valenzuela City. After detaining ACHILLES for 10 hours, HERCULES called ACHILLES’ wife to ask for the payment of P2 million in exchange for the liberty of her husband. ACHILLES’ wife immediately agreed and deposited the P2 million in HERCULES’ bank account. Five hours have passed before HERCULES was able to receive the money. Thereafter, he quickly released ACHILLES. What crime is committed?

A.     Slight illegal detention    C. Kidnapping and serious illegal detention

B.     Grave coercion              D. Forcible abduction

51. It is the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things

A.     Robbery                   C. Carnapping

B.     Qualified theft           D. Brigandage

52. IVAN entered the house of DIEGO through the chimney, just like what Santa Claus does. While inside, he took a laptop computer on the table and immediately left the house without anyone seeing him. What crime, if any, did IVAN commit?

A.     Robbery                    C. Theft

B.     Trespass to dwelling   D. Malicious mischief

53. It is a crime committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married.

A.     Concubinage               C. Seduction

B.     Bigamy                      D. Adultery

54. DENNIS and CARMEN were legally separated. Their child FRANCIS, a minor was placed in the custody of CARMEN, subject to monthly visitations by DENNIS. On one occasion, when DENNIS had FRANCIS in his company, DENNIS decided not to return FRANCIS to his mother. Instead, DENNIS took FRANCIS with him to Spain where he intended for them to reside permanently. What crime, if any, did DENNIS commit?

A.     Kidnapping and serious illegal detention   C. Kidnapping and failure to return a minor

B.     Kidnapping and slight illegal detention     D. Corruption of minors

55. A public officer or employee acting in his private capacity is considered a:

A.     Public officer               C. Either A or B

B.     Private individual         D. Person in authority

56. Which of the following is no longer a crime/s, according to the decision of the Supreme Court in Valenzuela vs People (GR No. 160188, June 21, 2007):

A.     Frustrated theft           c. Both a and b

B.     Frustrated robbery       d. None of these

57. If someone was killed in the course of the commission of robbery, the crime committed is:

A.     Robbery and homicide   C. Homicide

B.     Robbery                      D. Robbery with homicide

58. A person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt is liable for what felony?

A.     light threats                C. Light coercions

B.     Fraudulent insolvency   D. None of these

59. By using a slingshot, RONNIE deliberately hit the favorite duck of his LOLA TASYA. As a consequence, the duck died. RONNIE was charged with malicious mischief. RONNIE contended that he is exempt from criminal liability pursuant to Art.332 of the Revised Penal Code. Is RONNIE correct?

A.Yes, because RONNIE is a descendant of his LOLA, thus exempt under Art. 332 of the Penal Code                        

B. Yes, because RONNIE is a minor

C. No, because RONNIE committed a crime

D. No, because RONNIE intended to kill the duck of his LOLA

60. It is an essential element of estafa:

A.     Destruction             C. Negligence

B.     Damage                 D. None of these

61. DANNY burned to death his enemy FLORANTE. What crime is committed?

A.     Arson                      C. Arson with homicide

B.     Murder                    D. Murder and arson

62. JOAN and JANE are college classmates. They are both of legal age. JOAN burned the pen of JANE worth P10.00 because JANE did not allow JOAN to copy her assignment in school. What crime, if any, did JOAN commit?

A.     Malicious mischief    C. Unjust vexation

B.     Arson                     D. No crime was committed

63. Which of the following is not a crime:

A. Attempted rape            C. Attempted robbery

B. Frustrated rape            D. Frustrated robbery

64. Which of the following is a private crime:

A.     Rape                      C. Bigamy

B.     Malicious mischief    D. Adultery

65. Which of the following is a crime against security:

A.     Libel                      C. Unjust vexation

B.     Malicious mischief    D. Theft

66. DONDON, a tricycle driver, plied his usual route using a Suzuki motorcycle with a sidecar. One evening, JOJO rode on the sidecar, poked a knife at DONDON and instructed him to go near the bridge. Upon reaching the bridge, JOJO alighted from the motorcycle and suddenly stabbed DONDON several times until he was dead. JOJO fled from the scene taking the motorcycle with him. What crime/s did JOJO commit?

A.     Homicide                           C. Carnapping with homicide

B.     Carnapping and murder       D. Carnapping and homicide

67. At about 11:00 in the evening, LANDO forced his way inside the house of ROGER. TIBURCIO, ROGER’s son, saw LANDO and accosted him. LANDO pulled a knife and stabbed TIBURCIO on his abdomen. ROGER heard the commotion and went out of his room. LANDO, who is about to escape, assaulted ROGER. TIBURCIO suffered injuries, which were not for the timely medical attendance, would have caused his death. ROGER sustained injuries that incapacitated him for 25 days. How many crime/s did LANDO commit?

A.     1                  C. 3

B.     2                  D. 4

68. In question no. 67, what kind of physical injuries did ROGER sustain?

A.     Serious physical injuries           C. Slight physical injuries

B.     Less serious physical injuries    D. Mutilation

69. In the crime of qualified seduction, the offended party should be a virgin. What kind of virginity does the law contemplate?

A.     Physical virginity              C. Both a and b

B.     Moral virginity                 D. None of these

70. Lewd designs mean:

A.     Deceit              C. Lustful

B.     Prejudice          D. Intent

71. NOAH proposed to his friend MARLON to kidnap ALLIE so that they can rape her. MARLON agreed. On the date of their plan, the two had a change of heart and did not push through with the scheme. What crime, if any, did NOAH and MARLON commit?

A.     Attempted kidnapping             C. Attempted rape

B.     Attempted forcible abduction   D. No crime was committed

72.  It is the essence of adultery:

A.     Sexual intercourse        C. Violence

B.     Relationship                 D. Intimidation

73. After raping the complainant in her house, the accused struck a match to smoke a cigarette before departing from the scene. The brief light from the match allowed him to notice a watch in her wrist. He demanded that she hand over the watch. When she refused, he forcibly grabbed it from her. What crime/s did the accused commit?

A.     Robbery with rape             C. Rape and theft

B.     Rape and robbery              D. Qualified rape

74.    An accused charged with violation of PD No. 1612 (Anti-fencing law of 1979) would have been an____________ in theft or robbery had not the charge filed against him been fencing.

A.     Principal              C. Accessory

B.     Accomplice          D. None of these

75.    It is a common element in the crime of robbery or theft:

A.     Intent to gain      C. Violence

B.     Force                 D. Deceit

76.    Which of the following is not a crime:

A.     Frustrated arson        C. Frustrated parricide

B.     Frustrated robbery   D. Frustrated infanticide

77.  RA No. 6539, otherwise known as the Anti-carnapping law is:

A.     Part of the Revised Penal Code    C. Either A or B 

B.     A special penal law                     D. None of these

78.  PD No. 533, otherwise known as the Anti-cattle rustling law of 1974 is:

A.     Part of the Revised Penal Code   C. Either a or b

B.     A special penal law                    D. None of these

79.  It is the taking of personal property out of the possession of the owner

A.     Robbery                   C. Asportation

B.     Seizure                    D. None of these

80.  If a person enters the dwelling or property of another without the consent of the owner, but the purpose of such entry is to render some aid to humanity or justice, what crime, if any, did the person who entered commit?

A.     Trespass to dwelling         C. Violation of domicile

B.     Trespass to property         D. No crime was committed

81.      TT kidnapped KK in a dimly lit street. XX, a passerby saw what happened. TT noticed that XX witnessed his act. As a consequence, TT killed XX. What is the crime committed?

A.         Kidnapping with homicide    C. Kidnapping and murder

B.         Kidnapping and homicide    D. None of these

82.      A 7-year old child was raped by the friend of her father. What crime is committed?

A.         Qualified rape                  C. Simple rape

B.         Rape by sexual assault      D. Seduction

83.      By using a picklock, ABET ALINLANGAN successfully entered the house of POPOY. As ABET was about to get the ipad and iphone on top of the table, he noticed POPOY descending from the stairs. Alarmed, he went to POPOY and killed him. What is the crime committed?

A.         Attempted robbery with homicide    c. Attempted theft with homicide

B.         Attempted robbery and homicide     d. Attempted theft and homicide

84.      What is the effect if the offender marries the offended party in rape, granting all the requisites for a valid marriage are present?

A.         The crime is extinguished                  C. both A and B

B.         The criminal liability is extinguished    D. No effect

85.      DOY, a gigolo from Manila raped SISA, a barrio lass in Nueva Ecija. At the time of the commission of the rape, DOY had no knowledge that SISA was a mental retardate. What is the crime committed?

A.         Simple rape             C. Sexual assault

B.         Qualified rape          D. Seduaction

86.      AUBREY, a gorgeous ‘colegiala’ but a shoplifter went to SM Valenzuela and proceeded to the women’s wear section. The saleslady was of the impression that she brought to the fitting room three (3) pieces of swimsuits of different colors. When she came out of the fitting room, she returned only two (2) pieces to the clothes rack. The saleslady became suspicious and alerted the store security. AUBREY was stopped by the security before she could leave the store and brought to the office of the store manager. The security and the manager searched her and found her wearing the third swimsuit under her blouse and pants. What is the crime committed?

A.         Attempted theft              C. Consummated theft

B.         Frustrated theft              D. Robbery

87.      The main difference between kidnapping and forcible abduction is the presence or absence of:

A.         Taking of a person                    C. detention

B.         Lewd design                             D. None of these

88.      Batas Pambansa bilang 22 (BP 22) is also known as:

A.         Bouncing checks law              C. Anti-terrorism act 

B.         Anti-voyeurism act                 D. None of these

89.      It is one of the essential elements of libel:

A.         Damages                    C. Malice

B.         Deceit                        D. intent to gain

90.      It is not an element of acts of lasciviousness:

A.         Sexual intercourse         C. Intimidation

B.         Force                           D. None of these

91.      Act No. 3815 is otherwise known as:

A.         The revised penal code   C. The new arson law

B.         Criminal law                  D. None of these

92.      SIMPLICIO is married to the sister of DOLLY, and the three (3) live together in a house located in Malabon City. On several occasions, DOLLY’s dog would bark at SIMPLICIO every time he arrives at past midnight. One time, after arriving in the house at around 2 o’ clock in the morning, DOLLY’s dog barked continuously at SIMPLICIO. In a fit of anger, SIMPLICIO entered the house, took a bolo and killed the dog. What is the crime committed?

A.         Malicious mischief        C. Mutilation

B.         Unjust vexation           D. None of these

93.      In question no. 92, is SIMPLICIO criminally liable?

A.         Yes, because he committed malicious mischief

B.         Yes, because he committed unjust vexation

C.         No, because he is exempt under the law

D.        No, because killing of a dog is not a crime

94.      In question no. 92, is SIMPLICIO civilly liable?

A.         Yes, since he is also criminally liable

B.         Yes, the law states that even though he is not criminally liable, he is civilly liable

C.         No, because he is not criminally liable

D.        No, because he is exempt under the law

95.      JERRY set the house of RAMONA on fire by way of revenge against the latter. JERRY did not know that RAMONA was inside. RAMONA died because of the fire. What crime or crimes did JERRY commit?

A.         Arson                 C. Arson with homicide

B.         Homicide            D. Arson and homicide

96.      In question no. 95, suppose JERRY knew that RAMONA was inside, what crime/crimes did JERRY commit?

A.         Homicide         C. Arson and murder

B.         Murder            D. Arson and homicide

97.      In question no. 95, suppose before setting it on fire, JERRY entered the house and killed RAMONA. Then JERRY set the house on fire to hide the body of RAMONA. What crime/crimes did JERRY commit?

A.         Murder           C. Arson with homicide

B.         Arson             D. Murder and arson

98.      Which of the following is an example of a complex crime?

A.         Robbery with homicide           C. Kidnapping with homicide

B.         Forcible abduction with rape   D. All of these

99.      Which of the following is an example of a special complex crime or composite crime?

A.         Robbery with homicide           C. Estafa through falsification of a public document

B.         Direct assault with murder      D. All of these

100.    It is a law that defines crimes, treats of their nature and provides for their punishment?

A.     Criminal law                 C. Special penal law

B.     Criminal jurisprudence   D. Civil law

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