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Quiz 1
  • 1. The Revised Penal Code is mainly based on:
A) Empirical theory
B) Classical theory
C) Traditional theory
D) Positivist theory
  • 2. These crimes are those are those so serious in their effects on society as to call for almost unanimous condemnation of its members.
A) Crimes under special laws
B) Felonies under the Revised Penal Code
C) Mala prohibita crimes
D) Mala in se crimes
  • 3. Felonies refer to:
A) Acts and omissions punishable by law
B) Acts and omissions defined as crimes
C) All of these.
D) Acts and omissions punishable by the Revised Penal Code
  • 4. 'He who is the cause of the cause is the cause of the evil caused.' This refers to:
A) Intent
B) Motive
C) Mens rea
D) Proximate cause
  • 5. X was irked by the jokes made on him by Y so he punched Y. The punch made Y to fall on the pavement and caused his instantaneous death. Should X be liable for the death of Y even if he had no intention of killing him at all? Why?
A) Yes, X is still liable because killing is a crime.
B) Yes, X is still liable because killing is a crime.
C) Yes, x is still liable for the death of Y because X was irked.
D) Yes, X is liable for the death of X even if he had no intention of inflicting upon him a more serious harm because a person is liable or a felony even if the wrongful act be different from that intended.
  • 6. "Repeal" means:
A) Revoke or annul (a law or congressional act).
B) Expand the law or congressional act.
C) Recall or withdraw a law or congressional act.
D) None of these.
  • 7. X was driving his car beyond a speed limit în a subdivisio chased his ball rolling on the street and the toddler was hit causing serious injuries to him. X claims that he has no liability because he had no intention at all to run over the toddler. Is X correct?
A) No, X is not correct because injuries resulted.
B) Yes, X is correct because a person is laible only if he has criminal mind.
C) No, X is not correct because the toddler is a minor and if injured by someone, there will always be criminal liability.
D) No, X is not correct and he is liable because he was negligent.
  • 8. X planned to kill A and he waited for the latter to pass by an isolated highway. Upon seeing what he thought was A approaching, he fired several times at him killing the person who turned to be his own brother. If X should be charged, can he raise the defense of mistake in identity?
A) Such defense will exonerate X.
B) Such defense will not exonerate X.
  • 9. What affect us 'from womb to tomb'?
A) Exactions
B) Bills
C) Tax
D) Taxes
  • 10. X aimed at shooting A but he hit his father instead. X will be liable for what felony?
A) (Homicide because the supposed shooting of A was without aggravating
B) Parricide because the victim was his own father.
C) Yes aggravating without warrant
  • 11. In mala in se, the intent governs; but in those mala prohibita, the only inquiry is, has the law been violated? Is this statement true and why?
A) None of the above.
B) All of these are correct.
C) Yes, this statement is true because intent is an essential issue in mala in se crimes while mere commission or omission of the prohibited or required act is sufficient in mala prohibita.
  • 12. It is the purpose to use a particular means to effect such result.
A) Romance
B) Intention
C) Intent
D) Motive
  • 13. The maxim; " Actus me invito factus non est meus actus" means:
A) 'An act of a man cannot be ascribed to another man.'
B) 'An act done by me against my will is not my act"
C) None of these.
D) 'An act of a man is his very own act.'
  • 14. How is intent which is an internal act shown or manifested?
A) By the criminal tendency of a person.
B) By the criminal mind of the person.
C) By the prior acts of a person.
D) By the overt acts of a person.
  • 15. This rule as to jurisdiction over crimes committed aboard merchant vessels while in territorial waters of another country is also known as the Permissive rule:
A) British rule
B) French rule
C) English rule
D) American rule
  • 16. It is the moving power which impels one to action for a definite result.
A) Criminal design
B) Motive
C) Intent
D) Mens rea
  • 17. The power to define and punish crimes and lay down the rules on criminal procedure is based on its:
A) Police power
B) Presidential Power
C) People power
D) Power of expropriation
  • 18. Laws enacted from 1935-1946 are cited as:
A) BatasBlg.
B) Com. Act No.
C) P.D. No.
  • 19. Laws passed by the Philippine Parliament from 1979-1985 are cited as:
A) P.D. No.
B) Batas Blg.
C) Com. Act No.
D) Act No.
  • 20. Enactments of Pres. Ferdinand Marcos from 1972-1986 are cited as:
A) Com. Act No.
B) P.D. No.
C) Batas Blg.
D) Act No.
  • 21. The Revised Penal Code is also known as:
A) Batas Blg. 3815
B) Act No. 3815
C) P.D. No. 3815
D) R.A. 3815
  • 22. Laws enacted passed by the Philippine Assembly from 1901-1935 are cited as:
A) Act No.
B) Law No.
C) P.D. No.
D) R.A. No.
  • 23. stomach problem so he decided to go home as asked a fellow security to fill in his duty hours instead. As Y was trying to open the door of their house, he heard X calling out if who was outside and that he should introduce himself or else he would kill him. Amused by the situation, Y played a prank on X and forced the door open but X was there who immediately stabbed him thinking he was an intruder meaning to do him harm. What defense may X raise to avoid conviction for homicide?
A) X may raise mistake of fact as a defense.
B) All of these.
C) X may raise lack of intent as a defense.
D) X may raise intense fear as a defense.
  • 24. X was sleepwalking and while in that state, he hacked his wife with a bolo resulting in her death. May X be convicted of parricide and why?
A) X may not be convicted of parricide because there was lack of intelligence since X was in a state of somnambulism.
B) None of these.
  • 25. Which of the following is not one of the elements felonies committed by culpa?
A) Intent
B) Imprudence
  • 26. Z shot at A several times while the later was sleeping on the couch. However, A had been dead for several hours prior to that due to heart attack. Z should be punished for:
A) Impossible crime
B) Manslaughter
C) Murder
D) Homicide
  • 27. "Tooth for a tooth, eye for an eye" is espoused by:
A) Positivist theory
B) Empirical theory
C) Classical theory
D) Tradition theory
  • 28. Criminal law is:
A) Territorial
B) Juristic
C) Traditional
D) Jurisdctional
  • 29. X was victimized by a pickpocket at Baywalk. To get even, he also waited for someone to victimize was caught. It turn out, however, that he picked his own pocket lost prior to that because his victim was actually the one who picked his pocket previously. What will be the liability of X, if any?
A) X will be liable for his ill motive.
B) X will be for pickpocketing because he has criminal tendency.
C) X will be liable for an impossible crime and will be punished for his criminal propensity.
D) X will have no criminal liability because he cannot be a theft of his own wallet.
  • 30. Due process of law means:
A) It means that laws be lenient.
B) None of these.
C) Due process is a requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly.
D) It means that the law be just.
  • 31. There crimes are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society.
A) Special penal laws
B) Those provided for by the Revised PenalCode
C) Mala prohibita crimes
D) Mala in se crimes
  • 32. Mistake in the identity of the victim is also known

    as:
A) Error in identify
B) Mistake of fact
C) Error in personae
D) Mistake of target
  • 33. If X aimed at shooting Y but hit A instead, will there be criminal liability on his part? Reason.
A) Yes, because a felony is always a felony.
B) Yes, because there is criminal intent to kill.
C) Yes, because X was aiming at a different person.
D) Yes, because a person committing a felony is liable for any result therefrom.
  • 34. The Revised Penal Code took effect on:
A) Jan. 1, 1933
B) Jan. 1, 1930
C) Jan. 1, 1931
D) Jan. 1, 1932
  • 35. X was sleepwalking and while in that state, he hacked his wife with a bolo resulting in her death. May X be convicted of parricide and why?
A) None of these.
B) X may not be convicted of parricide because there was lack of intelligence since X was in a state of somnambulism.
C) X may not be liable because his wife may not file a case anymore.
D) X is not liable because it is against public policy to charge a husband.
  • 36. When the injurious result is greater than that intended, there is:
A) None of these.
B) Excess of force
C) Praeter intentionem
D) Violent strike
  • 37. Felonies are classified as intentional felonies

    and ________
A) Culpable felonies
B) Mala in se
C) Mala prohibita
D) Probable felonies
  • 38. The two rules as to jurisdiction over crimes committed aboard merchant vessel while in the territorial waters of another country are; (1) French rule and (2)
A) American rule
B) British rule
C) English rule
D) European rule
  • 39. 'Retribution' means:
A) Punishment inflicted on someone as vengeance for a wrong or criminal act.
B) Punishment to spite someone.
C) Punishment for someone being hated.
D) Punishment commensurate to measure of damages.
  • 40. What is the basis of the state in imposing tariffs and other fees?
A) Power of Expropriation
B) None of these.
C) Power of taxation
D) Power of eminent domain
  • 41. Which of the following is not one of elements of felonies committed by dolo?
A) Intent
B) Intelligence
C) Lack of foresight
D) Freedom
  • 42. It is established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense.
A) Mens rea
B) Intent
C) Criminal design
D) Motive
  • 43. The two rules as to jurisdiction over crimes committed aboard merchant vessel while in the territorial waters of another country are; (1) French rule and (2) _____
A) English rule
B) German rule
C) British rule
D) American rule
  • 44. Felonies are classified as intentional felonies and ____
A) Mala in se
B) Mala probihita
C) Culpable felonies
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