A) P is principal in homicide (no treachery), the two friends are accessories and punished lower by two degrees. B) P is principal in a felony resulting in homicide (qualified felony — aggravating: night and unlawful entry); the two friends are accomplices and punished one degree lower. C) P is principal in a felony resulting in homicide (qualified felony — aggravating: night and unlawful entry); the two friends are accomplices and punished one degree lower. D) P is the only one liable because injury occurred spontaneously; the two friends are not liable. E) P is principal in murder; the two friends are accomplices and receive the penalty next lower in degree.
A) Not justified — excessive means used; lack of reasonable necessity (Art. 11(1) requisites not met). B) Mitigated only — acts done under impulse and fear (Art. 13(6)), but criminally liable. C) Justified — lawful exercise of duty (Art. 11(5)) because he acted in fulfillment of duty to protect life. D) Not justified — excessive means used; lack of reasonable necessity (Art. 11(1) requisites not met). E) Exempt from criminal liability because he acted in obedience to an order by a superior (Art. 11(6)).
A) Frustrated robbery — all acts to consummate were performed but result did not occur due to independent cause; penalty one degree lower. B) Consummated felony of robbery by means of explosives (complex crime), punishable by the highest penalty. C) Attempted robbery — only commencement of execution occurred; penalty two degrees lower. D) Light felony because only property damage occurred. E) Frustrated robbery — all acts to consummate were performed but result did not occur due to independent cause; penalty one degree lower.
A) He is exempt from both criminal and civil liability; the State pays compensations. B) He is subject to juvenile procedures and may be committed (Art. 80) but still criminally punished. C) He is fully criminally liable and punished as adult for estafa. D) He is exempt from criminal liability but civil liability falls on his parents or guardians if fault/negligence is shown. E) He is exempt from criminal liability but civil liability falls on his parents or guardians if fault/negligence is shown.
A) Voluntary surrender is a mitigating circumstance that should be weighed against aggravation but public position aggravation (Art. 14(1)) may still increase penalty. B) Aggravating (public position) overrides voluntary surrender; impose maximum C) Voluntary surrender is a mitigating circumstance that should be weighed against aggravation but public position aggravation (Art. 14(1)) may still increase penalty. D) Since the accused is public officer, only absolute penalties apply and no mitigation allowed (Art. 63). E) Confession completely exempts him from penalty.
A) Punished as accessory because means were inadequate. B) Acquitted because impossibility negates criminality. C) Treated as having consummated the crime and punished fully. D) Penalized with arresto mayor or a fine (Art. 59) taking social danger into account. E) Penalized with arresto mayor or a fine (Art. 59) taking social danger into account.
A) Automatically be imposed reclusion temporal due to habitual delinquency. B) Only civil penalties apply. C) Receive penalty for the last crime plus additional prision correccional (medium & maximum). D) Be treated as first-time offender — no habitual rules apply. E) Receive penalty for the last crime plus additional prision correccional (medium & maximum).
A) A principal by inducement because he accepted reward B) An accessory (Art. 19) — punished two degrees lower and possibly face disqualification if public function abused. C) An accessory (Art. 19) — punished two degrees lower and possibly face disqualification if public function abused. D) Not criminally liable because he did not take part in the killing. E) An accomplice (Art. 18) — punished one degree lower.
A) Crime prescribed because 12 > 20 years for reclusion temporal. B) Prescription not yet run because it starts from discovery; 12 years < 20 years, so prosecution is timely. C) Prescription interrupted by absence from Philippines (term does not run while absent) — time outside excluded; so still within 20-year period. D) Prescription fixed at 15 years regardless of penalty class. E) Prescription interrupted by absence from Philippines (term does not run while absent) — time outside excluded; so still within 20-year period.
A) Apply the lesser indivisible penalty if mitigating circumstances attend. B) Apply the greater indivisible penalty since no aggravating circumstances exist. C) Convert penalty to prision mayor because of confession. D) Apply full reclusion temporal regardless of mitigating circumstances (indivisible penalty). E) Apply the lesser indivisible penalty if mitigating circumstances attend.
A) Liable for reckless imprudence resulting in homicide. B) Exempt from liability — lawful exercise of duty with due care. C) Liable for simple negligence — misdemeanor under special law. D) Liable as principal in homicide due to intent to kill. E) Exempt from liability — lawful exercise of duty with due care.
A) Two mitigating, no aggravating — impose penalty one degree lower (Art. 64[5]). B) Two mitigating, no aggravating — impose penalty one degree lower (Art. 64[5]). C) Two mitigating (old age + voluntary confession) — reduce by one degree. D) None — voluntary confession applies only when crime is complex. E) One mitigating (voluntary confession) — impose penalty in minimum period.
A) It aggravates the penalty because intoxication was habitual. B) It has no legal effect since alcohol is not covered under Book I. C) It aggravates the penalty because intoxication was habitual. D) It neutralizes other mitigating circumstances. E) It mitigates the penalty because intoxication diminishes intent.
A) As a single complex crime — one act producing multiple grave felonies. B) As frustrated murder with multiple counts of reckless imprudence. C) As a single complex crime — one act producing multiple grave felonies. D) As attempted homicide with no aggravation. E) As five separate homicides — multiple penalties.
A) The insane person remains civilly liable, but penalty is suspended. B) Civil liability subsists and devolves upon the person having him under authority or care if negligent. C) Civil liability transfers to the State. D) None — insanity exempts from both criminal and civil liability. E) Civil liability subsists and devolves upon the person having him under authority or care if negligent.
A) Accomplice, because he assisted prior to arrest. B) Principal by inducement. C) Accessory, fully liable since crime is heinous. D) Accessory, exempted due to relationship (Art. 20). E) Accessory, exempted due to relationship (Art. 20).
A) 50 years cumulative. B) Based on judge’s discretion, no cap. C) 30 years maximum. D) 40 years maximum (3-fold rule). E) 40 years maximum (3-fold rule).
A) Yes, pardon does not restore right to hold office unless expressly stated. B) Yes, pardon does not restore right to hold office unless expressly stated. C) No, after completion of sentence he’s automatically rehabilitated. D) Yes, but only if conviction was for treason. E) No, pardon restores all rights automatically.
A) No credit without undertaking. B) Full credit (5 years). C) Half credit only. D) 4/5 credit of the time served. E) 4/5 credit of the time served.
A) Mitigating automatically outweighs all aggravating. B) Court ignores offsetting; applies all aggravating. C) Mitigating provocation cancels one aggravating; remaining aggravating increases penalty. D) Provocation fully justifies the act. E) Mitigating provocation cancels one aggravating; remaining aggravating increases penalty.
A) Accessory – he profited from the crime after its commission. B) Principal by inducement – his purchase encouraged the robbery. C) Accessory – he profited from the crime after its commission. D) Not liable – transaction occurred after the robbery ended. E) Accomplice – he cooperated before the crime.
A) Accomplice, because he cooperated. B) Accessory, for aiding their escape. C) Exempt – acted under irresistible force or uncontrollable fear. D) Principal – participated in flight from crime. E) Exempt – acted under irresistible force or uncontrollable fear.
A) Exempt – defense of rights always absolute. B) Partially excusable – mitigated for lack of intent to kill. C) Unjustified – excessive force; liable but mitigating passion. D) Fully justified – defense of property. E) Unjustified – excessive force; liable but mitigating passion.
A) Prisión correccional (maximum) B) Penalty one degree lower (Art. 64[5]) – arresto mayor C) Same penalty in medium period D) Penalty one degree lower (Art. 64[5]) – arresto mayor E) Prisión mayor (minimum)
A) Successively – reclusión temporal first then prisión mayor. B) Simultaneously. C) Successively – reclusión temporal first then prisión mayor. D) Judge may choose order freely. E) Serve the shorter first.
A) Penalty for attempted murder. B) Penalty for slight injuries in maximum period. C) Penalty for homicide in maximum period. D) Penalty for slight injuries in maximum period. E) Penalty for homicide in minimum period.
A) Penalty next lower than that prescribed for consummated homicide. B) Penalty next lower than that prescribed for consummated homicide. C) Penalty two degrees lower than homicide. D) Penalty same as attempted homicide. E) Penalty prescribed for homicide in maximum period.
A) One day for each ₱8 — not exceeding one year. B) One day for each ₱8 — not exceeding one year. C) One day for each ₱8 — no limit. D) One day for each ₱5 — maximum one year. E) One day for each ₱10 — maximum six months.
A) No – period begins only upon evasion and was interrupted by recapture. B) No – period begins only upon evasion and was interrupted by recapture. C) Yes – he already served half of it. D) Yes – 15 years for afflictive penalties elapsed. E) No – prescription never applies to escapees.
A) Pardon revoked; he serves remaining sentence plus new penalty. B) Pardon remains valid; conditions are not binding. C) Only new penalty for theft applies. D) Pardon revoked; he serves remaining sentence plus new penalty. E) Sentence automatically extinguished.
A) Punishable only if the law expressly penalizes that conspiracy (e.g., treason, rebellion). B) None – mere agreement is not punishable. C) Punishable only if the law expressly penalizes that conspiracy (e.g., treason, rebellion). D) Conspiracy to commit a crime is always punishable. E) Proposal is punishable because they bought guns.
A) Yes B) Yes C) No D) No E) Partly liable
A) Light felonies are punishable only when consummated (Art. 7). B) Frustrated light felony – punishable. C) Attempted light felony – punishable. D) Always punishable if against property. E) Light felonies are punishable only when consummated (Art. 7).
A) Mitigated by passion or obfuscation (Art. 13[6]). B) Mitigated by passion or obfuscation (Art. 13[6]). C) Aggravated by jealousy. D) Completely justified. E) No effect – crime is murder.
A) Arresto mayor B) Prisión mayor C) Reclusión perpetua D) Prisión correccional E) Prisión mayor
A) Negligent homicide through culpa. B) Grave misconduct only. C) Negligent homicide through culpa. D) Accessory after the fact. E) None – mere omission not punishable.
A) Evasion of service of sentence (Art. 157). B) Evasion of service of sentence (Art. 157). C) Violation of conditional pardon. D) Contempt of court only. E) NONE
A) No B) Yes C) Yes D) Partially extinguished E) Subject to presidential discretion.
A) Both criminal and civil liability based on the offense are extinguished. B) Only fine is extinguished. C) Criminal liability extinguished but civil liability subsists. D) Civil case continues against estate. E) Both criminal and civil liability based on the offense are extinguished.
A) 15 days per month for five years. B) NONE C) 5 days per month for 2 years + 8 days per month for next 3 years. D) 5 days per month for 2 years + 8 days per month for next 3 years. E) 10 days per month for five years.
A) Liable only if he personally pulled the trigger. B) Principal by negligence resulting in homicide. C) Accessory only. D) Principal by negligence resulting in homicide. E) NONE
A) Ignorance never excuses. B) Illiteracy is mitigating when it shows lack of instruction (Art. 13[10]). C) Illiteracy is mitigating when it shows lack of instruction (Art. 13[10]). D) It aggravates liability because ignorance of law excuses no one. E) Neutral – has no effect.
A) One complex crime of homicide with homicide. B) Two separate crimes with separate penalties. C) One complex crime of homicide with homicide. D) Two counts of homicide. E) Frustrated homicide.
A) Only penalties, not rules of liability, apply. B) Yes C) No D) Yes E) Yes
A) Quasi-recidivist. B) Recidivist. C) Habitual delinquent D) Reoffender E) Habitual delinquent
A) Penalty increased by one degree (quasi-recidivism). B) Ordinary recidivism – one aggravating circumstance. C) Separate offense of evasion of sentence. D) Penalty increased by one degree (quasi-recidivism). E) No effect; same as other prisoners.
A) Principal by inducement for arson with homicide (complex crime). B) Civilly liable only. C) Accessory – benefited but did not act. D) Accomplice only. E) Principal by inducement for arson with homicide (complex crime).
A) Treachery only. B) In a place dedicated to religious worship (Art. 14[5]). C) In uninhabited place and nighttime. D) By taking advantage of public position. E) In a place dedicated to religious worship (Art. 14[5]).
A) Court discretion. B) No C) Partially extinguished by imprisonment. D) Yes E) No
A) Attempted entrapment B) Instigation C) Conspiracy D) Instigation E) Entrapment
A) No B) No C) No D) Yes E) Yes
A) Aggravating, because intentional. B) Extinguishes liability if intoxication severe. C) Neutral, since voluntary drunkenness has no effect. D) Mitigating, because intoxicated. E) Aggravating, because intentional.
A) Impossible crime under Art. 4(2). B) Frustrated homicide. C) None – act harmless. D) Impossible crime under Art. 4(2). E) Attempted homicide.
A) Both remove criminal liability; only exempting removes civil liability. B) Justifying makes the act lawful; exempting excuses actor despite unlawfulness. C) There is no distinction. D) Both excuse, but justifying includes mitigating. E) Justifying makes the act lawful; exempting excuses actor despite unlawfulness.
A) Principal by participation. B) Accomplice C) Accessory D) Not liable E) Accomplice
A) No B) No C) Yes D) Yes E) Yes
A) Attempted murder multiple times. B) Several counts of physical injury. C) As many as shots fired. D) One crime — all acts constitute a compound single crime. E) One crime — all acts constitute a compound single crime.
A) Prisión mayor. B) Prisión mayor. C) Prisión correccional. D) Reclusión temporal (medium to maximum). E) Arresto mayor.
A) Political rights restored only if expressly stated. B) Pardon revives prior conviction. C) Civil liability extinguished automatically. D) Political rights restored only if expressly stated. E) Pardon removes moral stain and record.
A) Convict under general justice. B) Refer to jurisprudence for conviction. C) Dismiss case but report to Chief Executive or Congress. D) Impose penalty similar to analogous crimes. E) Dismiss case but report to Chief Executive or Congress.
A) Yes, because more than 10 years have passed since discovery. B) No, discovery delays prescription. C) No, because filing of complaint interrupts prescription. D) Yes, because 8 years > 10-year prescriptive period. E) No, because filing of complaint interrupts prescription.
A) Principals, accomplices, and accessories jointly and severally, in proportion to participation. B) Principals, accomplices, and accessories jointly and severally, in proportion to participation. C) Only principals and accomplices. D) Civil liability attaches only to principals and is subsidiary for others. E) Only principals.
A) No B) Yes C) Yes D) No
A) No B) No C) Yes D) Yes
A) No B) Yes C) No D) Yes
A) No B) Yes C) Yes D) Mitigated only. E) No
A) Liable for impossible crime. B) Liable for homicide of Y only. C) Liable for homicide of Y and attempted homicide of X (Art. 4, aberratio ictus). D) Liable for homicide of Y and attempted homicide of X (Art. 4, aberratio ictus). E) Liable only for physical injuries.
A) 3 crimes (one per month). B) Separate felonies per act. C) One continued crime of theft. D) 12 crimes of theft. E) One continued crime of theft.
A) Acquitted and released immediately. B) Exempt from criminal liability but confined to mental institution. C) Exempt from criminal liability but confined to mental institution. D) Convicted of homicide but penalty suspended. E) Conviction with mitigating circumstance.
A) Yes B) Yes C) No
A) Exempt – act was purely accidental, without fault or intent. B) Exempt – act was purely accidental, without fault or intent. C) Mitigated due to sudden illness. D) Reckless imprudence. E) Homicide through negligence.
A) Mitigating B) Aggravating C) Mitigating D) Justifying E) Exempting
A) Homicide against Y; intent transfers (Art. 4). B) Impossible crime. C) Attempted homicide against X. D) Homicide against Y; intent transfers (Art. 4). E) Acquittal due to mistake.
A) Yes B) Only if nighttime also present. C) No D) Yes E) No
A) Amnesty obliterates offense itself; pardon forgives penalty B) Amnesty obliterates offense itself; pardon forgives penalty C) Amnesty is personal; pardon is general. D) Pardon erases guilt entirely. E) Both require acceptance.
A) No B) Yes C) Only if evidence was fabricated. D) No E) Yes
A) Impose sentence immediately. B) Exempt due to minority. C) Apply full adult penalty. D) Suspend sentence and commit to training institution. E) Suspend sentence and commit to training institution.
A) Both jointly liable for ₱100,000. B) One liable for ₱40,000, other ₱60,000. C) Both jointly liable for ₱100,000. D) Liability extinguished by restitution. E) Each liable for half.
A) Aggravating B) Not mitigating C) Mitigating by analogy to voluntary surrender. D) Neutral factor. E) Mitigating by analogy to voluntary surrender.
A) Reclusión temporal. B) Reclusión perpetua. C) Death. D) Reclusión perpetua. E) Prision major.
A) Impossible crime. B) Force majeure C) Culpa D) Accident E) Culpa
A) None B) Frustrated homicide. C) Consummated homicide. D) Frustrated homicide. E) Attempted homicide.
A) Light felony. B) Frustrated theft. C) Attempted theft. D) None E) None
A) Reasonable necessity of means. B) Lack of provocation. C) Unlawful aggression. D) Unlawful aggression. E) All of the above.
A) Separate penalties for robbery and homicide. B) Only homicide punished. C) Mitigated penalty since homicide incidental. D) Penalty for robbery with homicide in maximum period. E) Penalty for robbery with homicide in maximum period.
A) Neither B) Neither C) Quasi-recidivism. D) Recidivism. E) Habitual delinquency.
A) No B) No C) Yes D) Yes E) Yes
A) One degree lower. B) Minimum period. C) Maximum period. D) Medium period. E) Minimum period.
A) One day per ₱10, max 6 months. B) Up to one year. C) One day per ₱8, not exceeding one-third of principal penalty. D) Automatically one month. E) One day per ₱8, not exceeding one-third of principal penalty.
A) 40 years B) 30 years. C) 20 years. D) 40 years E) 50 years.
A) Complex crime. B) Negligent homicide. C) Praeter intentionem D) Intentional homicide. E) Praeter intentionem
A) No B) Yes C) Accessory. D) Yes E) None of the above.
A) No aggravation due to time gap. B) Recidivism C) Habitual delinquency. D) Recidivism E) Quasi-recidivism.
A) Yes B) No C) Yes D) Yes E) NONE OF THESE
A) Use of minor as means (Art. 14[10]). B) Treachery. C) Nighttime. D) Use of minor as means (Art. 14[10]). E) Cruelty.
A) Complete justification. B) Mitigated penalty C) Exemption. D) Complete justification. E) No effect.
A) Cruelty B) NONE OF THESE C) Evident premeditation. D) Abuse of superior strength. E) NONE OF THESE
A) No B) Yes C) No D) Yes E) Yes
A) Light felony. B) Less grave felony. C) NONE OF THESE D) Grave felony. E) Less grave felony.
A) NONE OF THESE B) Automatically waived. C) Civil liability subsists only if based on another source. D) Civil liability remains if act caused damage, even if justified. E) Civil liability remains if act caused damage, even if justified. |