TEST BANK FOR CRIMINAL LAW, PROCEDURE AND EVIDENCE Walter P. Sagnorelli

CRIMINAL JURISPRUDENCE AND PROCEDURE
Scope: Elements of the legal provisions and the extent of its
application regarding offenses and penalties, knowledge of
court jurisdiction, venue in criminal cases and the admissibility
of evidences which are of probative value to the courts. (20 %)
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I. CRIMINAL LAW (RPC BOOK I)
1. Which among the following is not a source of Philippine criminal law?
a. Act No. 3815 and its amendments
b. Special penal laws passed by the Phil. Commission, Phil. Legislature,
National Assembly, Batasang Pambansa, Phil. Assembly and the Congress
of the Philippines.
c. Penal Presidential Decrees issued during Martial Law.
d. None of the above
2. They are bodies of usages, principles and rules of action which do not
rest for their authority upon any declarative will of the legislature. It is
recognized in the United States and England but not recognized under
Philippine jurisdiction.
a. Penal laws c. Common Laws
b. Special penal laws d. None of the foregoing
3. This deprives the accused of a crime some lawful protection to which
he has become entitled.
a. Common law c. Ex-post facto law
b. Special law d. Bill of attainder
4. The constitution expressly prohibits the passage of a bill of attainder
primarily because:
a. It is a substitute, a legislative act for a judicial determination of guilt
b. It is unconstitutional
c. It is a violation of human rights
d. It encroaches upon the power of the. Judiciary by the Congress
5. They are not considered as a source of criminal law due to the fact
that they merely explain the meaning of and apply the law as enacted by
the legislature.
a. Revised Penal Code c. Court decisions
b. Special Penal laws d. Executive orders
6. It cannot be recovered as a matter of right; and is discretionary upon
the court to be part of the civil liability when a crime was committed with
one or more aggravating circumstances.
a. Actual damages c. Moral damages
b. Nominal damages d. Exemplary damages
7. Civil indemnity for death caused by crime.
a. 30,000 c. 100,000
b. 50,000 d. 500,000
8. When rape is committed and the victim was killed, the mandatory
civil indemnification shall be.
a. 30,000 c. 100,000
b. 50,000 d. 500,000
9. In case of physical injuries it would consist in the payment of
hospital bills and doctor’s fee of the offended party.
a. Restitution c. Indemnification
b. Reparation d. Civil liability
10. Which among the following may totally extinguish criminal liability?
a. Absolute pardon c. Amnesty
b. Service of sentence d. All of these
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11. It consists in the successive execution by the same individual of
different criminal acts upon any of which no conviction has yet been made.
a. Plurality of crimes c. Complex crimes
b. Formal crimes d. None of the above
12. Jemma who induced Eric a friend to kill her husband’s mistress is
criminally liable as:
a. Principal c. Accomplice
b. Accessory d. None of the above
13. In crimes against chastity this would be always aggravating.
a. Degree of education c. Alcoholism
b. Mental condition d. Relationship
14. Its basis is the greater perversity of the offender as manifested by
personal circumstance of the offender and also by the means used to
secure the commission of the crime.
a. That advantage be taken by the offender of his public position.
b. That crime be committed in contempt of or with insult to the public
authorities.
c. That act be committed with abuse of confidence or obvious
ungratefulness
d. All of the above
15. It means adequate to excite a person to commit a wrong and must
accordingly be proportionate to its gravity.
a. Self defense c. Unlawful aggression
b. Sufficient provocation d. Necessity to prevent a wrong
16. Under this, crimes are not triable in that country unless they merely
affect things within the vessel or they refer to the internal management
thereof.
a. French rule c. Law of preferential application
b. English rule d. Spanish rule
17. It refers to inaction, by which a person may be considered criminally
liable when the law requires the performance of a certain act, e.g. failure to
assist one’s own victim.
a. Act c. Fraud
b. Intent d. Omission
18. It indicates a deficiency of action.
a. Negligence c. Lack of skill
b. Imprudence d. Lack of foresight
19. It refers to deficiency of perception.
a. Negligence c. Lack of skill
b. Imprudence d. Lack of foresight
20. For an act to be considered to be done with Malice or dolo, which
among the following must be present?
a. Freedom c. Intent
b. Intelligence d. All of the foregoing
21. Refers to that cause which in natural is a continuous sequence,
unbroken by any efficient superseding ground, produces the injury and
without which the result would not have occurred.
a. Proximate cause c. Overt acts
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b. Intervening cause d. Active force
22. It is the portion of the acts constituting the felony, starting from the
point where the offender begins the commission of the crime to the point
where he has control over his acts.
a. Objective phase c. Overt acts
b. Subjective phase d. Attempted felony
23. Generally they are punishable only when they have been
consummated, with the exemption of those crimes committed against
persons or property.
a. Light felonies c. Grave felonies
b. Less grave felonies d. All of the foregoing
24. Self defense or one’s natural instinct to repel, protect and save his
person or right from impending peril or danger is an example of what
circumstance which affects criminal liability?
a. Justifying c. Aggravating
b. Exempting d. Mitigating
25. A inflicted slight physical injuries to B without intention to inflict
other injuries, B then attacked A is an example of?
a. Self defense c. Retaliation
b. Intervening cause d. Proximate cause
26. The basis of this circumstance affecting criminal liability is the
complete absence of freedom of action, intelligence, intent or negligence on
the part of the accused.
a. Justifying c. Aggravating
b. Exempting d. Mitigating
27. Under our laws, what is the age of full responsibility?
a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age ( adolescence to maturity)
d. Over 9 under 15 acting with discernment, 15 or over but less than 18;
over 70 years of age
28. Age of absolute irresponsibility.
a. 9 years and below of infancy
b. Between 9 and 15 years
c. 18 to 70 years of age (adolescence to maturity)
d. Over 9 under 15 acting with discernment, 15 or over but less than 18;
over 70 years of age
29. Which among the following may be considered as an alternative
circumstance?
a. Relationship
b. Intoxication
c. Degree of instruction and education of the offender
d. All of the foregoing
30. X and Y stabbed Z, injuring the Z in the process, X and Y are
considered as;
a. Principal by direct participation
b. Principal by induction
c. Principal by indispensable cooperation
d. Co- principals