Final Exam Book 2
Final Exam Book 2
Final Exam Book 2
FINAL EXAMINATION
Test 1. What crimes against Persons are committed in the following cases. Write
your answer in a separate paper and send it to me thru messenger.
Test II. Choose the correct answer for each question. Write your answer in a
separate piece of paper and send it to me thru messenger.
1. What crime is committed by anyone (adult) who shall kill a child three years
old?
a. murder
b. homicide
c. abortion
d. infanticide
2. What time of physical injury is committed by one who shall wound, beat, assault
another causing the offended party to be incapacitated for labor for ten (10) days or
more (but should not exceed 30 days)?
a. serious physical injuries
b. less serious physical injuries
c. slight physical injuries
d. maltreatment
3. When any person (man or woman) by means of force, threat or intimidation, and
others means specified in article 266-A, inserts his penis into another person’s
mouth or anal orifice, or any instrument or object, into the genital or anal orifice of
another person the technical term for the crime is:
a. rape
b. statutory rape
c. rape by sexual intercourse
d. rape by sexual assault
4. X is the boyfriend of Y. One night against Y’s will, X forcefully had sex with Y.
X now is facing charges for rape. Assuming that Y agrees to the proposal of
marriage by X, what will happen to X’s criminal liability if marriage takes place?
a. criminal liability is partially extinguished
b. criminal liability is totally extinguished
c. it has no effect because rape now is a private crime where the state can prosecute
the case alone
d. actually the marriage has no bearing because the two are sweethearts and
therefore it is the perfect right of X to rape Y.
5. X was staging a bank robbery alone. The responding police arrived and
surrounded the bank where X and the male bank manager were physically trapped
at the time. X used the bank manager as a hostage. After e few minutes of
negotiations X finally was convinced to surrender. With respect to the hostage
incident (never mind the attempted bank robbery) what possible crime could be
charged against X?
a. kidnapping and serious illegal detention
b. slight illegal detention
c. grave coercion
d. arbitrary detention
7. X was able to pocket one pack of detergent soap while inside SM Supermarket.
He was about to leave the premises of SM when he was accosted by an undercover
SM agent and was immediately brought to the police precinct. What crime was
committed by X?
a. consummated theft*
b. frustrated theft
c. attempted theft
d. qualified theft
8. X uttered the following remarks to a certain family of lawyers, “Kayong mga
Atty. Merrera mga magnanakaw, mga walanhiya mga bastos.” What crime was
committed by X?
a. one count of libel
b. as many counts of libel as there are Merrera lawyers
c. one count of grave oral defamation (slander)
d. as many counts of grave oral defamation (slander) as there are Merrera lawyers.
10. X (a man) forcibly grabbed Y (a woman) by the waist and dragged her to a
place hidden from the public view about 20 meters from the place where the latter
was standing. Due to Y’s constant screaming X became afraid and immediately run
away leaving Y alone. What crime was committed by X?
a. illegal detention c. attempted rape
b. acts of lasciviousness d. grave coercion
11. What crime is committed by a man who would forcibly enter another person’s
house without the knowledge of the owner but once inside, immediately and
peacefully left the house the moment he was discovered by the owner of the
house?
a. attempted robbery c. trespass to dwelling
b. frustrated robbery d. qualified trespass to dwelling
12. X became enraged with Y. X was so mad he wanted to get even with Y. At the
spur of the moment Y took the clothes of Y from the drawer and burned them to
ashes. What crime was committed by X?
a. theft c. malicious mischief*
b. robbery d. arson
13. X threatened Y that he would kill the latter if Y would not give Five hundred
pesos (P500). What crime was committed by X?
a. grave coercion c. attempted murder
b. grave threats d. attempted homicide
14. Which among the following is considered as slight physical injuries only?
a. maltreatment
b. loss of one’s reproductive organ
c. loss of one’s tooth/eye
d. burning the skin of another
15. Vegeta slapped the face of Sangoku in front of a lot of people. What crime did
Vegeta commit?
a. unjust vexation c. libel
b. slander by deed d. slight physical injury
16. While walking along Capsule Corporation, Inc., Vegeta saw a beautiful lady by
the name of Bulma. Vegeta suddenly kissed Bulma and gently touched Bulma’s
breasts. Nobody saw the incident as Vegeta and Bulma are the only people around.
Without a word, Vegeta left leaving Bulma stultified and shocked. What crime was
committed by Vegeta?
a. unjust vexation
b. slander by deed
c. acts of lasciviousness
d. attempted rape
17. X was driving his car when he bumped run over a pedestrian crossing the
street. The pedestrian died. What crime was committed by X?
a. reckless imprudence
b. reckless imprudence resulting in homicide
c.homicide
d. homicide thru reckless imprudence
19. A is the son of B. B incurred debt to Don Pedro. Since B did not have the
money to pay Don Pedro, Don Pedro required A to work for him for the purpose of
paying off the indebtedness of B. This scheme is against the will of A but he
cannot do anything as he is being forced by Don Pedro. What crime was
committed by Don Pedro?
a. inducing a minor to abandon home
b. exploitation of child labor
c. child abuse
d. exploitation of minor
21. X is less than three (3) days old. X was killed by his own father because the
father is afraid that his real wife would discover that he (the father) had sired X
with Y their “kumare”. What crime was committed by the father?
a. no crime
b. infanticide
c. parricide
d. murder
22. X (man) married Y (woman) in the Philippines. Later X went to the USA and
married Z. When Y learned of this, he filed a case against X. What crime was
committed by X?
a. adultery c. bigamy
b. concubinage d. immorality
23. In the above case supposing that, X and Z took a vacation in the Philippines.
They rented a condominium unit and were always seen caressing each other in
public places. Are they liable for any crime?
a. yes for bigamy c. yes for concubinage
b. yes for adultery d. no because they are not caught having sex
24. Let us suppose that while in the Philippines a serious misunderstanding took
place between X and Z. X therefore killed Z. What crime was committed by X?
a. murder or homicide
b. parricide
c. infanticide
d. rape
25. A and B were having a heated altercation over some trivial traffic
misunderstanding. The Barangay Captain who happened to pass by saw the two
while they were involved in exchanging unpleasantries. The Barangay Captain
tried to pacified A and B but A resented this intervention and punched the Brgy.
Captain causing the latter to break his jaw requiring more than thirty (30) days
hospitalization and incapacity. What crime was committed by A?
a. Serious Physical injuries
b. Assault upon a person in authority
c. Serious physical injuries with assault upon a person in authority*
d. Assault upon a person in authority resulting to serious physical injuries.
26. X was arrested by Insp. Mills because the former parked his motor vehicle in a
no parking area. What felony was committed by Insp. Mills?
a. illegal arrest c. delay in the delivery of detained person
b. arbitrary detention d. unlawful arrest
27. X and Y are next door neighbors. X became irritated by the constant barking of
Y’s dog so one night he shot the dog causing the dog to die. What crime was
committed by X?
a. homicide
b. murder
c. malicious mischief
d. physical injuries
28. Supposing after killing the dog, X realized that he missed dinner that night and
that he was so hungry so he took the dog’s carcass and cooked it and thereafter ate
it. What crime was committed by X?
a. theft
b. malicious mischief
c. complex crime
d. cruelty to animals
30. X a taxi driver, saw a bag left by one of his passengers which when he opened
contained valuables amounting to thousand of pesos. Assume that he deliberately
fail to restore the bag and its contents to the passenger would X be held liable and
for what crime?
a. yes, for theft
c. no crime he did not take the money by force
b. yes, for qualified theft
d. no crime he did not have criminal intent
32. Assume that X returned the bag to a local radio station for its safekeeping and
eventual return to the owner instead of handing it over to the proper authorities.
Question is X guilty of any crime?
a. yes because the law specifically enumerate the proper person to return lost
property and he failed to do this.
b. Yes if the local radio station failed to return the bag X is guilty as an accomplice
in the crime
c. Yes because by returning the lost property to the media, X’s real purpose is only
to gain media exposure and not really of his desire to return the bag.
d. No, because there is absence of criminal intent which is an element of felonies in
general.
33. X wanted to kill Y. One night he saw Y deep in his sleep in his room. X went
out of the house bought gasoline pour it on Y’s house and set it on fire. As a result
of the fire Y died. What crime was committed by X?
a. arson
b. arson with homicide
c. murder
d. qualified arson
34. Assume that X did not know that Y was inside the house. He poured gas to Y’s
house and set it on fire. His only intention was to burn the house. But again, as
earlier stated Y was inside the burning house (which is unknown to X) which
caused his death. What crime was committed by X?
a. arson
b. murder
c. arson with homicide (qualified arson)
d. technical arson
35. Assume that X entered Y’s room and while the latter was sleeping, stabbed him
to death. X in order to hide any traces of the crime decided to burn the house. What
crime was committed by X?
a. complex crime of murder with arson
b. heinous crime
c. plain murder
d. murder and arson
36. X stabbed Y (a woman). At the threshold of death, that is while Y was about to
die, X suddenly developed the idea of raping Y. What crime was committed by X?
a. rape
b. murder
c. rape with murder
d. murder (rape as aggravating)
37. X shot Y with a revolver (the wound was mortal). Y fell to the ground but
amazingly got up went to his house, and knowing that he would die anyway cut his
throat to expedite his death. Y died. What crime was committed by X?
a. homicide c. physical injuries
b. infanticide d. no crime
38. H and W are husband and wife respectively they having been married before a
judge about 1 year ago. H works as a security guard in midnight shift whereas W
stays home nursing their children. One eventful night H suspicious of W having an
affair with their “kumpare”, decided to go home early, true to his hunch, he saw W
on top of kumpare, the two being completely naked and in the act of sexual
intercourse (copulation). In a fit of anger H killed both W and kumpare. What
crime was committed by H if any?
a. parricide with respect to W, murder with respect to kumpare
b. murder
c. death inflicted under exceptional circumstances
d. no crime as H is exempted.
39. In the above case assume that H merely witnessed W and kumpare in the act of
kissing and caressing each other only. Thereafter he lost his senses and proceeded
to hacked to death W and kumpare. What crime was committed by H if any?
a. parricide with respect to W, and homicide with respect to kumpare
b. murder
c. death inflicted under exceptional circumstances
d. no crime as H is exempted
40. Assume that H surprised W and Kumpare having carnal knowledge (sexual
intercourse), immediately thereafter he inflicted say, serious or less serious
physical injuries upon W or kumpare or both of them, what crime was committed
by X if any?
a. physical injuries
c. death inflicted under exceptional circumstances
b. attempted murder
d. no crime as X is exempted.
For 10 points
Discuss Articles 125 and Article 126 of the Revised Penal Code on Arbitrary
Detention/Arrest