criminal law 1

Criminal law RPC (Book 1)

Criminal Law - a branch of municipal law which defines crimes,treats of their nature and provides for their punishment.

Characteristics of Criminal Law1. General 2. Territorial 3. Prospective

General - binding on all persons who reside or sojourn in the Philippines. Exceptions: 1. Treaty Stipulation 2. Laws of Preferential Application 3. Principles of Public International Law ex. 1. Sovereigns and other chief of state 2. Ambassadors, Minister resident, and charges d' affaires

Note: Consuls, Vice Consuls, and other foreign commercial representatives can not claim the privileges and immunities accorded to ambassadors and ministers.

Territorial - Penal laws of the Philippines are enforceable onlywithin its territory. Exception: Art. 2 of the RPC - binding even on crimes committed outside the Philippines. 1. Offenses committed while on a Philippine ship or airship. 2. Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the government. 3. Introduction into the country of the above mentioned obligations and securities. 4. While being public officers and employees, an offense is committed in the exercise of their functions. 5. Crimes against the National Security and the Law of the Nations.

Prospective - The law does not have any retroactive effect. Exception: When the law is favorable to the accused.

Exception to the Exception:

1. The New Law is expressly made inapplicable to pending actions or existing causes of action. 2. Offender is a habitual criminal.

Theories of Criminal Law1. Classical Theory - basis is man's free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory.

2. Positivist Theory - basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency.

3. Mixed Theory - combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate.

Construction of Penal Laws1. Liberally construed in favor of offender. Example: a. The offender must clearly fall within the terms of the law. b. An act is criminal only when made so by the statute.2. In cases of conflict with official translation, original Spanish text is controlling.3. No interpretation by analogy.

Limitations on Power of Congress to Enact Penal Laws1. Ex Post Facto Law2. Bill of Attainder3. Law that violates the equal protection clause of the constitution.4. Law which imposes cruel and unusual punishments nor excessive fines.

Criminal Law Review Questions 1

1. A Branch of municipal law which defines crimes, treats of their nature and provides for their punishment. A. Procedural Law B. Civil Law C. Criminal Law D. Political Law

2. One of the following is not a characteristic of criminal law. A. General B. Territorial C. Prospective D. Retroactive

3. Criminal law is binding on all person who reside or sojourn in the Philippines. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. Retroactive

4. One of the characteristics of criminal law is generality. Which of the following is not an exception to the principle of generality. A. Treaty Stipulation B. Laws of Preferential Application C. Principles of Public International Law D. None of the Above

5. One of the following person is not immune from Philippine criminal law. A. Sovereigns and other chief of state B. Ambassador C. Consuls D. Charges d' Affaires

6. Penal laws of the Philippines are enforceable only within its territory. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. None of the above

7. One of the following is not an exceptions to the territorial principle of criminal law.

A. Offenses committed while on Philippine ship or airship B. Forging or counterfeiting any coin or currency note of the Philippines or the obligations and securities issued by the government. C. Crimes committed against national security and the law of nations. D. Crimes committed against public order.

8. Criminal law does not have any retroactive effect. This characteristic of criminal law is known as A. General B. Territorial C. Prospective D. Retroactive

9. When the law is favorable to the accused, is an exception to which characteristic of criminal law. A. General B. Territorial C. Prospective D. Retroactive

10. A Theory of criminal law, Basis is man's free will to choose between good and evil. The purpose of penalty is retribution. A. Classical Theory B. Positivist Theory C. Mixed Theory D. None of the above.

Answer:

1. C2. D3. A4. D5. C6. B7. D8. C9. C10. A


1. Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This theory of criminal law is known as A. Classical Theory B. Positivist Theory C. Mixed Theory D. None of the above

2. In the construction of penal laws, it must be ______________ construed in favor of offender. A. Strictly B. Liberally C. Severely D. Precisely

3. Which of the following is not a limitation on power of congress to enact penal laws. A. Ex post facto law B. Bill of Attainder C. Law that violates the equal protection clause of the constitution. D. None of the Above

4. The Revised Penal Code took effect on A. March 6, 1929 B. March 6, 1930 C. January 1, 1932 D. February 1, 1934

5. What determines whether a vessel is a Philippine vessel for purposes of the application of criminal law? A. Place of Registration B. Place of Construction C. Citizenship of the Owner D. None of the Above

6. Crimes committed aboard foreign vessel within the territorial waters of a country are not triable in the courts of such country. In Criminal law, this principle is known as A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above

7. Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. In Criminal law, this principle is known as A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above

8. For Offenses committed aboard foreign vessel committed in Philippine waters. What principle is applicable to the Philippines. A. The Philippine Rule B. The English Rule C. The French Rule D. None of the Above

9. Acts and omissions punishable by the RPC is known as A. Felonies B. Crimes C. Misdemeanor D. None of the Above

10. Acts and omissions punishable by any law is known as A. Felonies B. Crimes C. Misdemeanor D. None of the Above

Answer:

1. B2. B3. D4. C5. A6. C7. B8. B9. A10. B


1. Failure to perform a duty required by law.

A. Exception B. Exclusion C. Avoidance D. Omission

2. There is no crime when there is no law punishing it. In criminal law, this principle is known as A. Nullum crimen, nulla poene sine lege B. Ignorantia Legis Non Excusat C. Actus Non Facit Reum, Nisi Mens Sit Rea D. Actus Me Invito Factus Non Est Meus Actus

3. These Felonies are committed by means of deceit (dolo). A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above

4. These Felonies are committed by means of fault. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above

5. This classification of felony has the following requisites, freedom, intelligence, and intent. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above

6. This classification of felony has the following requisites: freedom, intelligence, negligence, and imprudence. A. Culpable Felonies B. Intentional Felonies C. Unintentional Felonies D. None of the Above

7. Which of the following is not a characteristics of an offense mala in se? A. Moral trait of offender is considered. B. Good Faith is a defense C. Mitigating and aggravating circumstances taken into

account in imposing penalty D. Degree of participation when there is more than one offender is generally not taken into account

8. Which of the following is not a characteristic of an offense mala prohibita? A. Mitigating and aggravating circumstance is not generally taken into account B. Degree of accomplishment of the crime is taken into account only when consummated C. Good Faith is not a defense D. Moral trait of offender is considered.

9. Moving power which impels one to act. A. Motive B. Intent C. Purpose D. None of the Above

10. Purpose to use a particular means to effect a result. A. Motive B. Intent C. Purpose D. None of the Above

Answer:

1. D2. A3. B4. A5. B6. A7. D8. D9. A10. B


1. In Criminal Law, Error in Personae means A. Mistake in Identity B. Mistake in Blow C. Lack of intent to commit so grave a wrong D. None of the Above

2. In Criminal Law, Abberatio Ictus means A. Mistake in Identity B. Mistake in Blow C. Lack of Intent to commit so grave a wrong D. None of the Above

3. In Criminal Law, Praetor Intentionem means A. Mistake in Identity B. Mistake in Blow C. Lack of intent to commit so grave a wrong D. None of the Above

4. The cause which in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred. A. Immediate Cause B. Intervening Cause C. Proximate Cause D. Natural Cause

5. Which of the following is not a requisites of an impossible crime? A. Act would have been an offense against persons or property B. Accomplishment is inherently impossible or inadequate or ineffectual or ineffectual means are employed C. Act is not an actual violation of another provision of the RPC or of special law. D. There was no criminal intent

6. A Stage in the execution of felonies when all the elements necessary for its execution and accomplishment are present. A. Consummated B. Frustrated C. Attempted D. None of the Above

7. This Stage in the execution of felonies have the following elements: a. offender performs all acts of execution b. All the acts would produce the felony as a consequence c. But the felony is not produce d. By reason of causes independent of the will of the perpetrator. A. Consummated

B. Frustrated C. Attempted D. None of the Above

8. This Stage in the execution of felonies have the following elements: a. Offender commences the felony directly by overt acts b. Does not perform all acts which would produce the felony c. His acts are not stopped by his own spontaneous desistance A. Consummated B. Frustrated C. Attempted D. None of the Above

9. In the stages of execution of felonies, the element that all acts of execution are present, must be present in A. Attempted and Frustrated B. Attempted and Consummated C. Frustrated and Consummated D. Frustrated and Attempted

10. Which of the following do not admit of frustrated and attempted stages? A. Offenses punishable by special penal laws B. Formal Crimes C. Impossible Crimes D. All of the Above

Answer:

1. A2. B3. C4. C5. D6. A7. B8. C9. C10. D


1. Which of the following crimes do not admit of frustrated stage. A. Rape B. Bribery C. Adultery D. All of the Above

2. The General Rule is that light felonies are punishable only when they have been consummated. One of the following is an exception. A. If committed against the law of the nation B. If committed against public order C. If committed against persons or property D. None of the Above

3. Two or more persons come to an agreement for the commission of a felony and they decide to commit it. A. Proposal B. Conspiracy C. Agreement D. Non of the Above

4. A Person has decided to commit a felony and proposes its execution to some other person. A. Conspiracy to commit a felony B. Proposal to commit a felony C. Agreement to commit a felony D. None of the Above

5. Under the RPC , afflictive penalties are imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above

6. Under the RPC, Correctional penalties are imposed for a A. Grave Felonies B. Less Grave Felonies C. Light Felonies D. None of the Above

7. Under the RPC, aresto menor is imposed for a A. Grave Felonies

B. Less Grave Felonies C. Light Felonies D. None of the Above

8. Light Felonies are punishable by A. 1 day to 30 days B. 1 month and 1 day to 6 months C. 6 months and 1 day to 6 years D. 6 years and 1 day to 12 years

9. Where the act of a person is in accordance with law, such person is deemed not to have violated the law. A. Mitigating circumstance B. Aggravating circumstance C. Justifying circumstance D. Exempting circumstance

10. Grounds for exception from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. A. Mitigating circumstance B. Aggravating circumstance C. Justifying circumstance D. Exempting circumstance

Answer:

1. D2. C3. B4. B5. A6. B7. C8. A9. C10. D


1.One while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability. A. Insane B. Imbecile

C. Stupid D. None of the Above

2. One who acts with complete deprivation of intelligence or reason or without the least discernment or with total deprivation of freedom of will. A. Insane B. Imbecile C. Stupid D. None of the Above

3. Offender uses violence or physical force to compel another person to commit a crime. A. Irresistible Force B. Uncontrollable Fear C. Duress D. None of the Above

4. Offender employs intimidation or threat in compelling another to commit a crime. A. Irresistible Force B. Uncontrollable Fear C. Duress D. None of the Above

5. The Juvenile Justice and Welfare Act is known as A. R.A. 9343 B. R.A. 9434 C. R.A. 9433 D. R.A. 9344

6. Mental capacity to fully appreciate the consequences of the unlawful act. A. Motive B. Intent C. Discernment D. None of the Above

7. Actus Me Invito Factus Non Est Meus Actus means A. Any act done by me against my will is not my act B. No intent to commit so grave a wrong

C. He who is the cause of the cause is the cause of the evil caused D. None of the Above

8. Some motive which has lawfully, morally, or physically prevented a person to do what the law commands. A. Absolutory cause B. Insuperable cause C. Mitigating circumstance D. None of the Above

9. Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. A. Absolutory cause B. Insuperable cause C. Mitigating circumstance D. None of the Above

10. Those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime. A. Justifying circumstance B. Mitigating circumstance C. Aggravating circumstance D. Exempting circumstance

Answer:1. B2. A3. A4. B5. D6. C7. A8. B9. A10. B


1. Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone. A. Provocation B. Vindication C. Passion

D. Obfuscation

2. Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. A. Justifying circumstances B. Mitigating circumstances C. Exempting circumstances D. Aggravating circumstances

3. It is a kind of aggravating circumstance which apply to all crimes. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance

4. A kind of aggravating circumstance that change the nature of the crime. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance

5. A kind of aggravating circumstance which of necessity accompany the commission of the crime. A. Generic aggravating circumstance B. Specific aggravating circumstance C. Qualifying aggravating circumstance D. Inherent aggravating circumstance

6. A kind of aggravating circumstance which arise under special conditions to increase the penalty of the offense and can not be offset by mitigating circumstances. A. Generic aggravating circumstance B. Special aggravating circumstance C. Inherent aggravating circumstance D. Qualifying aggravating circumstance

7. In Criminal Law, nighttime as an aggravating circumstance is also referred to as A. Obscuridad

B. Despoblado C. Encuadrilla D. None of the Above

8. In Criminal Law, uninhabited place as an aggravating circumstance is known as A. Obscuridad B. Despoblado C. Encuadrillia D. None of the Above

9. In Criminal Law, Band to be considered aggravating A. There must be three or more armed men B. There must be four or more armed men C. There must be five or more armed men D. There must be six or more armed men

10. En Cuadrillia means A. Uninhabited place B. Band C. Nighttime D. None of the Above Answer:1. A2. D3. A4. C5. D6. B7. A8. B9. B10. B


1. One who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. A. Recidivist B. Habitual delinquent C. Quasi-recidivist D. None of the Above

2. All of the following except one is a person in authority. A. Barangay Chairman B. Barangay Tanod C. Mayor D. Governor

3. Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This generic aggravating circumstance is known as A. Recidivism B. Habituality C. Multi-recidivism D. Quasi-recidivism

4. Reiteracion means A. Recidivism B. Habituality C. Multi-recidivism D. Quasi-recidivism

5. Where a person 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, robbery, theft, estafa, or falsification, is found guilty of the sdaid crimes a third time or oftener. This extra ordinary aggravating circumstance is known as A. Recidivism B. Habitual delinquency C. Reiteracion D. Quasi-recidivism

6. Where a person commits felony before beginning to serve or while serving on a previous conviction for a felony. This special aggravating circumstance is known as A. Recidivism B. Reiteracion C. Habitual delinquency D. Quasi-recidivism

7. This aggravating circumstance involves the use of

intellectual trickery or cunning on the part of the accused. A. Craft B. Fraud C. Disguise D. None of the Above

8. This aggravating circumstance involves the use of insidious words or machinations to induce the victim to act in a manner which would enable the offender to carry out his design. A. Craft B. Fraud C. Disguise D. None of the Above

9. This aggravating circumstance involves resorting to any device to conceal identity. A. Craft B. Fraud C. Disguise D. None of the Above

10. Astucia means A. Craft B. Fraud C. Disguise D. None of the Above

11. Disfraz means A. Craft B. Fraud C. Disguise D. None of the Above

Answer:1. A2. B3. B4. B5. B6. D7. A8. B9. C

10. A11. C


1. When the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. A. Evident Premeditation B. Astucia C. Disfraz D. Treachery

2. A Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime. A. Astucia B. Disfraz C. Ignominy D. Obscuridad

3. This Aggravating Circumstance is present when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. A. Ignominy B. Cruelty C. Obscuridad D. Disfraz

4. Which of the following is not one of the three types of principals? A. Principal by Direct Participation B. Principal by Induction C. Principal by Indispensable Cooperation D. None of the Above

5. Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts, which are indispensable to the commission of the crime. A. Principal

B. Accomplice C. Accessory D. None of the Above

6. A Person received and used property from another, knowing it was stolen. This is an example of a A. Principal B. Accomplice C. Accessory D. None of the Above

7. Placing a weapon in the hand of the dead who was unlawfully killed to plant evidence or burying the deceased who was killed by the mastermind. This is an example of A. A Principal B. An Accomplice C. An Accessory D. None of the Above

8. This Law penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. A. P.D. 1928 B. P.D. 1892 C. P.D. 1829 D. P.D. 1982

9. This Law penalizes the act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. A. P.D. 1261 B. P.D. 1216 C. P.D. 1621 D. P.D. 1612

10. One of the following accessory is not exempt from criminal liability. A. When the Principal is his Spouse B. When the Principal is his Ascendant C. When the Principal is his Descendant

D. None of the Above

Answer:1. D2. C3. B4. D5. B6. C7. C8. C9. D10. D

criminal law 1

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