MCQ on Criminal law of ________________

1. Macario was caught smoking inside his room in a hotel. The prosecutor is studying the case
whether he could be charged for:
a. violation of anti-smoking ordinance ;
b. violation of anti-smoking ;
c. violation of illegal smoking ;
d. violation of illegal possession of cigarettes.

2. Jose, 80 years old, was apprehended for jay-walking. Whether due to his old age, he should
be charged for:
a. intentional felony; c. infraction ;
b. unintentional felony; d. culpable felony

3. During their hunting in Sierra Madre for a wild pig, Juan’s bullet fired against a running wild
pig hit a stone and recoilled back hitting his companion Max resulting to a serious injuries. Max
is contemplating to file a criminal action against Juan based on:

a. culpable felony; c. lack of skill;

b. negligence; d. lack of foresight.

4. Susan was robbed by the “akyat-bahay” gang. Due to darkness, she could not identify the
face of the robber when a police line up was made. Hence, the police authorities wanted to
drop the case. As a lawyer, would there be a good ground to pursue the case?

a. criminal intent; c. criminal negligence;

b. circumstantial evidence; d. criminal motive.

5. Bruno, while driving a car, fall asleep and awaken due to a big bang hitting the electric post
of Davao Light. His car was damaged greatly and demanded for damages from Davao Light.
As a defense counsel of the Davao light, state your possible defense:

a. damnum absque injuria; c. criminal intent;

b. criminal negligence; d. felony.

Should Davao Light intend to prosecute Bruno, state your possible ground:

a. criminal negligence; c. unintentional crime;

b. culpable felony; d. lack of skill.

6. Maria sued Juan when the latter look at her with a lascivious eyes which Maria felt that she
is being raped. As a defense counsel, state your basis for the accusation :

a. statutory crime; c. nullum crimen nulla poena sine lege;

b. mala prohibita. d. common law crime;

7. The Japanese vessel docked at Davao City wharf. While unloading merchandise, a Filipino
crew and an American crew had a hated arguments resulting to a rumble among all its crews.
The court is asking your opinion whether it has jurisdiction over the rumble due to :

a. English rule; c. Philippine rule;

b. French rule; d. Japanese rule.

8. A vessel without any registration was caught fishing within the 200 exclusive economic miles
of the Philippines. When search, it was loaded with shabu manufactured in the vessel itself.
The PDEA is asking whether it could validly apprehend the vessel ?

a. yes, based on illegal fishing; c. yes, based on illegal intrusion;

b. yes, based on manufacturing shabu; d. yes, based on illegal entry
.
9. While patrolling the Philippine boarders, the navy sighted a vessel carrying a Chinese flag is
moving out from the Philippine territory and standby just outside the 12 miles limit. The navy is
asking your opinion whether the said vessel could be apprehended and charge for a crime but
on what basis ?

a. transitory crime; c. illegal intrusion;

b. violation of the boarder; d. continuing crime.

10. A cruise ship loaded with tourists from Mexico docked at the Philippine port. During the
routenary inspection, the coast guard discovered shabu placed inside a drawer in cabin # 5
which belongs to tourist-passenger Matutina. What possible crime should you charged
Matutina, if there is any?

a. illegal possession of prohibited drugs,

b. illegal possession of shabu;
c. no crime is committed under the French rule ;
d. no crime is committed under the English rule;

11. A Chinese vessel carrying smuggle goods intended for the Zambaonga City barter trade
from Malaysia was intercepted by the American navy, just outside the Philippine territory,
during the annual balikatan exercise held in Sulo. Would it be proper to charge the Chinese
vessel here in the Philippines for:
a. smuggling; c. transitory crime;
b. illegal entry; d. continuing crime.

12. While in Hongkong, Filipino Max with the connivance of Hongkong nationals printed
Philippine bills and circulated it in Hongkong. A Filipino tourist was one of the victims. Upon
return to the Philippines, the victim filed a criminal case before the Manila RTC and a warrant
of arrest was issued against Max. Max was apprehended at the NAIA. As counsel of Max,
what possible defense would be available ?
a. territoriality; c. forum non convenience;
b. jus cogen; d. amicable settlement.

13. Filipino Susan was hired as the domestice helper of japanese ambassador Kukuryo. One
night, she was apprehended in a karaoke bar for singing “my way” and detained for alarm and
scandal. Hence, his employer went to the police precint and wanted to have her released.
Decide.
a. the employer can not demand for the released of Susan. Otherwise, he could be
liable for obstruction of justice;
b. the employer’s immunity for arrest is extended to Susan, as the domestic helper;
c. Susan should not be released for no one is above the law;
d. Susan should be released on bail until the crime has been fully discharged.

14. Marilyn got married in America while she was still married to Bembol in the Philippines
whom they were secretly married in Davao City. Moreover, due to conflict of laws, she may not
be prosecuted in the Philippines due to :

a. territoriality; c. secrecy of marriage;

b. nationality; d. generality;

15. A person may be criminally even though he has no criminal intent because of :

a. criminal intent; c. classical theory;

b. positivist theory; d. culpable felony.

16. When Johnny and Susan breaks-up, Johnny was so depressed that he escaped his meals
and sleeps resulting to unsoundness of mind. It is at this stage that Johnny became violent
against women. As a criminal mind psychologist, what could be the possible reason of the
unbecoming of Johnny ?

a. insanity; c. positivist theory;

 b. women hatred syndrome ; d. classical theory.

17. Max loves his wife so much the he takes care of her with tender loving cares 24 hours a
day. But because of poor eye sight, he poured a muriatic acid in her glass thinking that it was
her milk. Instantly, the wife died upon drinking the same. As counsel of Max, what possible
defense would you invoke ?
a. actus mi invito non est mios actus;
b. absence of criminal intent;
c. actus non facit reum nisi mens sit rea;
d. nullem crimen nulla poena sine lege.

On the contrary, as the prosecution counsel, what would be the proper charge would you
institute ?

a. parricide; c. reckless imprudence resulting in

homicide;
b. homicide; d. impossible crime.

18. Kirk was a Texan whose laws allows carrying of firearms even without license. The
purchase invoice issued by the gun’s store is enough to consider such legal possession. So,
when he was in the Philippines, he was caught carrying a 45 cal. Hand gun without the
necessary permit from the PNP. Should he be arrested just like other Filipinos ?

a. illegal possession of firearm; b. generality;

c. territoriality; d. comity with all nation

19. Ambassador to the US, Mario, was accused by his subordinate for sexual harassment
committed against American citizen Jane Smith when she was still applying for a job in his
office. Later, Jane decided to file a criminal action against Mario in the RTC of Manila,
Philippines. Rule on the merits of the merits of the case.

a. the case should be dismissed due to lack of jurisdiction;

b. the case should be dismissed for the complainant is an alien and the alledged crime
was committed beyond the jurisdiction of the court;
c. the case should prosper. The court has jurisdiction consider that it was committed in
the Philippines under the principle of exterritoriality;
d. the case should prosper under the principle of extraterritoriality.

20. While on board the Philippine Air Lines and about 5 minutes more, the same will be landing
at California Airport, USA, Filipino passenger Matibay run wild hurting co-passengers when he
received a call from his son that his mother had eloped with their neighbor. The Pilot captain
arrested Matibay and asking your opinion whether he could contineuosly detained him to be
turned over to the PNP or turn over him to the Californian authorities whose laws are similar to
the Philippine laws.

a. the PNP has the jurisdiction over Magtibay on the ground that he hurted his co-
passenger while on board PAL;
b. the PNP has no jurisdiction over the crime. Having committed outside the
Philippine territory;
c. the PNP has jurisdiction over the crime under the principle of exterritoriality;
d. the PNP has jurisdiction over the crime under the principle of extraterritoriality.

21. While on vacation in Metro Manila, John was caught spitting on the cemented floor of the
MRT terminal. The MMDA is confused whether he should be charged for :

a. infraction; b. felony c. crime; d. offense

As counsel of John, who just arrived from Africa where there is no prohibition of spitting, what
would your defense in order to exonerate your client from possible 1 month imprisonment ?
a. ignorantia lege excusat;
 b. request for stern warning. John is totally knows nothing about the same;
c. good faith;
d. lack of felonious intent to commit the same;
e. lack of motives to commit the same;

22. While playing foot ball, AA kicked the ball so hard that it landed on the head of co-player
BB which resulted to brain hemorrhage and died. This is a case of :
a. aberratio ictus;
b. error en personae;
c. praeter intentionem;
d. criminal negligence;
e. reckless imprudence resulting in homicide.

23. Juan raped Suan. Fortunately, the rape law was abolished. Hence, he judge is asking what
to do with the case against Juan.

a. Dismissed the case due to the principle of nullum crimen nulla poena sine lege;
b. Dismissed the case but recommend for re-implamentation of the same to the Pres.
Noynoy;
c. Continue the case and imposed the proper penalty because raped is mala in se;
d. Continue the case and imposed the proper penalty as a deterent to future rapist.

24. The abu sayaf group kidnapped a chinaman for ranson. While negotiations with the victims
family is on-going, the victim have to be moved around to various places to avoid from the
military detection. However, due to the influence of Kung fu and shao lin martial arts, the
chinaman was able to cripple his guard and carried him to the military camp. What is the
classification of the crime committed by the abu sayaf ?
a. continued crime; c. transitory crime;
b. continuing crime; d. caso continuado.

25. Since the world is too cruel to Romeo, he decided to jump from the top of a tall building
along the crowded street of Makati City to end his life. But he landed on the shoulder of an old
woman which it was the old woman who died. Romeo is liable for culpable felony due to :

a. lack of skill; c. lack of foresight;

b. imprudence; d. negligence

26. Due to drunkenness, Binoy, a Filipino seaman, stabbed to death Sio May, a Singaporean
seaman, aboard M/V "Princess of the Pacific", an overseas vessel, while sailing the Pacific
ocean. The vessel, although an American registered, is owned by Don Pepot, a Filipino
businessman. When the vessel docked at Cebu City port, the Captain of the vessel turned
over Binoy to the PNP and an information for homicide was filed against Binoy in the RTC of
Cebu City. What possible defense would be available, if any ?
a. the principle of exterritoriality;
b. the principle of nationality;
c. the principle of extraterritoriality;
d. the principle of generality;
e. the principle of territoriality;

what law shall govern during the incident ?

a. Philippine law – nationality theory of Binoy;
b. American Law – nationality of the vessel;
c. Singaporean law – nationality of the victim;
d. Philippine law – nationality of the owner.

27. AA, BB, CC, and DD, armed themselves with knives and proceeded to the house of FF to
kill the latter. About 20 meters from their destination, the group alighted and after instructing
EE, the driver, to wait, traveled on foot to the house of FF. BB positioned himself as the
group's lookout. CC and DD stood guard outside the house. Before AA could enter the house,
DD left the scene without the knowledge of the others. AA stealthily entered the house and
stabbed FF. FF ran to the street but was blocked by CC, forcing him to flee towards another
direction. Immediately after AA had stabbed FF, AA also stabbed GG who was visiting FF.
Thereafter, AA exited from the house and, together with BB and CC, returned to the waiting
taxicab and motored away. GG died. FF survived. Who is/are liable for the death of GG ?
1. AA; 2. BB; 3. CC; 4. DD; 5. EE.

Who is/are liable for the physical injuries of FF ?

a. AA, BB, CC;
b. AA, BB, CC, DD;
c. AA, BB;
d. AA, BB, DD
e. AA, BB, DD, CC, EE.
f. AA, BB, DD, EE.

28. XX and YY attacked Juan with knives. Seeing that his father is being attacked, he draw a
gun but prevented by ZZ from firing it. Unfortunately, Juan died due to knife wounds. Hence,
XX, YY and ZZ were charged for murder. Who would be liable for the death of Juan ?

XX, YY and ZZ;

XX and YY;
XX and ZZ;
YY and ZZ.

Will the act of ZZ be considered valid ?

a. not valid. Being an act to prevent a lawful act of defense of relative ;
b. not valid. Being done in the pursue of conspiracy;
c. valid. It is to prevent a greater evil;
d. valid. It is an act of self defense.

29. Juan and Arturo planned to murder Bruno where Juan will shoot Bruno when the latter
passes through on his way to work and Arturo will simultaneously shoot Bruno from behind. On
the appointed day, Arturo surrendered to the PNP before the shooting happen although Juan
executed the plan. Will Arturo be held criminally liable ?

a. Arturo is liable due to presence of conspiracy;

b. Arturo is exempt from criminal liability due to his surrender prior to the commission
of the act;
c. Arturo is liable as a conspirator. An act of one is the act of all;
d. Arturo is exempt as he returned to the path of righteousness.

Supposing on the appointed date, Arturo was apprehended by the PNP while on the way to the
site, what would be the extent of his participation, if any ?

a. as co-conspirator due to presence of conspiracy and liable as principal;

b. as co-conspirator due to presence of conspiracy but liable as accomplice;
c. as co-conspirator due to presence of conspiracy but liable as accessory;
d. not liable for having been arrested prior to the commission of the crime.

30. Juan snatched the cellphone of Susan. When Susan chased Juan, 4 drunked people
blocked her way and started to grab her. Will the 4 drunked people criminally liable for the
snatching ?

a. no. due to absence of conspiracy;

b. no. although no conspiracy exist, but they are individually liable for grabbing Susan;
c. yes. by blocking Susan and allowing Juan to escape, they are considered accessory;
d. yes, due to presence of implied conspiracy as manifested by their concerted
act of blocking Susan.
31. Max, an escapee, ran amuck on board a Bus bound for Manila. Terrified by the incident,
Passenger Johnny jumped out of the window with head hitting the pavement of the road, were
he was ran over by a fast moving Supersonic bus tailing the Bus.

Max was charged and convicted for the death of Johnny although he was not aware of such
act of jumping out from the bus. As a judge, what would be the basis of the conviction of Max ?

a. The rule is that when a person, by a felonious act, generates in the mind of another
a sense of imminent danger, prompting the victim to escape from or avoid such
danger and in the process, sustains injuries or dies, the person committing the
felonious act is responsible for such injuries or death.
b. El que de la causa es causa del mal causado;
c. Criminal negligence;
d. Alarm and scandals.
e. Grave threat.

32. Accute TB patient/actor Benhur had a lips-to-lips kissing scene with actress Diana. A year
later, Diana died due to TB as a result of that kissing scene. As counsel, would you charge
Banhur for the death of Diana ? if so, on what ground ?
a. on the ground of kissing Diana which transfer the TB illness;
b. on the ground that TB is a communicable disease;
c. on the ground that he who is the cause of the cause is the cause of the evil cause;
d. on the ground that the kissing is the proximate cause of the death.

If so, what probable crime would you institute ?

a. homicide; c. criminal negligence;

b. impossible crime; d. dolo;

33. Is impossible crime really a crime by itself ?

a. yes. it is a crime as mentioned under art. 4, par. 2 of the RPC;

b. no. it is not a crime. It is so-called a crime because the act gives rise to criminal
liability;
c. yes. because the offender is having a criminalistic intent;
d. no. the act produces no harm to the alleged victim.

34. Makoy wear a mask of a witch during the hallowen party which scared the real witch,
Susan, who suffered a heart attack and died instantly. The counsel of Susan is contemplating
to file a criminal action against Makoy. Please assist the counsel on what possible crime
makoy had committed.

a. murder due to presence of treachery;

b. homicide due to proximate cause of scaring;
c. reckless imprudence resulting in homicide for scaring the real witch;
d. impossible crime;

On the other hand, as counsel of Makoy, what possible argument would you present to
absolve or lessen the penalty ?
a. justifying circumstance of self-defense;
b. mitigating circumstance of lack of intent to commit so grave a wrong;
c. exempting circumstance of the occasion;
d. praeter intentionem.

35. The robber robbed the house of Noynoy by breaking and entering thru the window and
exited thru the door using a false key. Valuables worth P100,000.00 were carted away after
raping the house helper. As counsel of the robber, what would be your defense due to charges
of Rape, robbery, trespass to dwelling, damage to property (window) and illegal possession of
false key.

a. the principle of single criminal intent;

 b. the pro reo doctrine;
c. the complex crime theory;
d. the conspiracy theory.
e. The complex crime proper theory.

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1. Commander Salamander, an African and a noted leader of the peklat pirates group
operating world wide, particularly in Panama canal where hundreds of ocean going vessel
were seizes and demanded for ransom from the owners, was caught in Manila. What possible
crime would he be charged ?
a. Piracy; b. qualified piracy;
b. robbery on the high seas; c. transitory crime.

Having been charged before the RTC and as counsel of the accused, what possible defense
may be invoked ?
a. The principle of territoriality – the Philippine court has no jurisdiction over the
case considering that the crime committed is outside its territory.
b. The principle of nationality theory – that the accused should be charged before
his country;
c. The principle of sovereignty – the state shall have the right to prosecute its
subject;
d. The principle of forum non convenience – that the Philippine court is inconvenient
to both the offender and the offended.

As a judge, would the above-chosen defense be allowed ?

a. yes – it is allowed under the rules of court;
b. yes – it is a judicial notice;
c. no. – the act committed is triable anywhere in the world;
d. no. – the act committed is a crime against humanity.

2. A group of 1,000 armed men from the AFP marched thru the Mendiola bridge and camped
at a hotel adjacent to the Malacanang Palace demanding for the ouster of the President of the
Republic of the Philippines Romeo Santi because of massive cheating during the presidential
election which lead to his presidency and refusing to recognize the government under him.
This is a case of :

a. coup d’ etat c. sedition e. mutiny

b. rebellion d. treason f. disloyalty

3. When negotiations fails, a firefight ensued between the hostage taker and the Policemen.
when silence settled, 10 of the hostages were killed thru gunshot wounds and according to the
ballistic examinations, 4 of the victims died due to gunshot from the pistol of the hostage taker
and the other 6 victims died from gunshot fired from the policemen. Will the hostage taker be
liable for the death of the other 6 victims ?

a. yes. the hostage taking is the primary cause of the firefight;

b. yes. the hostage taking is the cause of the death of the 6 victims. Accordingly, he
who is the cause of the cause is the cause of the evil cause.
c. no. the death of the hostage taker extinguishes the criminal and civil liability;
d. no. the hostage taker is civilly liable for the death of the 6 victims.

4. Boy Kidlat sells stolen items on commission basis. When the principal (robber) is charged.
Should Boy Kidlat be implicated as :

a. fence; c. principal by indispensable cooperation;

b. accessory ; d. accomplice. e. fencer.

5. Jose and Boboy agreed to robbed the house of Danilo, were his wife, and a daughter resides..
While Jose is in the process of ransacking Danilo's house, Boboy raped the daughter and carted
away the belongings. To avoid from detection, they killed the whole family. What crime does Jose
had committed ?
 a. a compound crime; c. a multiple crime;
b. a complex crime; d. a continuing crime;

6. Max and Bruno planned to kill and rob their employer Susana. The details were all ready for
execution. However, when Max is about to stab Susana, a police siren was heard by the two,
prompting Max to run away without having executed his part. Although, Bruno was able to take
the money and fled. Decide whether conspiracy exist.

a. No conspiracy. When Max heard the police siren, he fled and thereby abandoning the
criminal intent;
b. No conspiracy. The act of Max is an act of returning to the path of righteousness;
c. Conspiracy is present as manifested by their common design to perpetuate a crime;
d. Conspiracy is present. The act of robbing and killing has been planned.

How would you interpret the act of Max’s running away ?

a. manifestation of returning to the path of righteousness;
b. manifestation of evading from possible arrest;
c. manifestation of cowardness;
d. manifestation of abandonment of the plan to commit a crime.

How would you treat such act of running away ?

a. as a mitigating circumstance;
b. as an exempting circumstance;
c. as a justifying circumstance;
d. as an exculpatory act.

7. After raping the victim, a passersby Jose also raped the victim upon invitation of the first rapist.
What is the status of the criminal liability of the 1 st and 2nd rapist ?

a. collective act ; c. compound or complex crime;

b. express conspiracy; d. implied conspiracy.

8. With intent to kill, a group of armed men fired their armalites to the house of their opponent
who happened to be outside of his house attending a party in a restaurant. And even throw hand
grenades that totally burned the house. What possible crime would you charge against the armed
group ?

a. Arson ; c. impossible crime;

b. Damage to property ; d. complex crime.

9. Johnny and Susan were sweetheart. Due to jealousy, Susan, a license boxer, punch the chest
of Johnny and decided to break-up their relationship. Upon hearing, Johnny suffered a heart
attack. Record shows that Johnny is lingering from heart ailment. Sensing that Johnny had a hard
breathing, Susan brought him to a hospital but to no avail. Would Susan be liable for the death of
Johnny ?

a. yes. the act of punching constitute the proximate cause of his death;
b. yes. the act of breaking-up the relationship is the proximate cause of his death;
c. no. the act of punching and breaking their relationship is a remote cause;
d. no. the act of punching and breaking their relationship is a proximate cause;
e. no. the proximate cause of the death is the heart ailment;
f. yes. the act of punching and the breaking-up of their relationship is the immediate
cause.

10. With intent to kill the victim, Max offered a glass of milk to the victim whom he believe that it
was a glass of muriatic acid. When the victim drink the same, he suffered allergies and have to
be hospitalized for 2 days. What crime would you charge Max ?

a. impossible crime; c. slight physical injuries;

b. food poisoning; d. frustrated homicide.
11. Luisa was kidnapped by the Nerbioso Gang for ransom. A note containing a P1,000,000.00
demand was sent thru LBC but return to the sender because the addressee (family of Luisa)
could not be located. And thanks to the alertness of the PNP which rescued the victim and
arrested the Nerbioso Gang. What crime would you charge against them ?

a. impossible crime of kidnapping for ransom;

b. frustrated kidnapping for ransom;
c. kidnapping and frustrated ransom;
d. complex crime of kidnapping with extortion.

12. Immediately after the raped committed by Abdul against Suraida, she pulled the dagger of
Abdul and stab Abdul to death. Such act of Suraida constitute as a :

a. justifying circumstance; c. mitigating circumstance;

b. exempting circumstance; d. qualifying circumstance

Would it also be considered as :

a. defense of honor; c. self defense;

b. vindication of a wrong; d. defense to virginity.

13. AA, during the absence of his brother BB, took the latter’s “alcansiya” and broke it. Took out
the coins and used for his “bisyo”. BB is now asking your opinion as to what action should be
instituted ?

a. Thief; c. Malicious mischief;

b. Robbery with force upon thing; d. swindling;

14. 8 year old Max Jr. was watching his favorite tv show “ Lone Ranger”. But Petra changed the
tv channel to enable her to watch Wiling Willie show which enraged Max jr. So, he pulled a knife
and stabbed the back of Petra causing her instantaneous death. What circumstance beneficial to
Max Jr. ?

a. exempting circumstance; c. exculpatory circumstance;

b. justifying circumstance; d. mitigating circumstance.

15. Jenneth opened and deposited a P5,000.00 saving’s account with the Bank covered by an
ATM card with pin no. 00-00-01 with privilege to change the pin number by the depositor. Hence,
Jenneth changed the pin no. into 11-11-11 which happened to be the same pin no. of Donya
Buding, also a depositor of the bank. On one occasion, Jenneth withdraw from the bank
P1,000.00 and the receipt shows that her remaining deposit balance is P1,000.000.00. So, she
kept on withdrawing until the remaining balance is P5,000.00. Does Jenneth commits a crime ? if
so, what possible crime was committed ?

a. malicious mischief; c. robbery; e. electronic thief;

b. swindling; d. thief; f. hacking;

16. Policeman A saw X and Y were exchanging blows. When X pulled out his fun and about to
shot Y, A immediately draw his gun and shot X resulting to his instantaneous death. Upon
investigation, it turns out that it is X who is the aggressor. What possible defense A may availed
of :

a. defense of a relative; c. defense of a stranger;

b. self-defense; d. fulfillment of a duty.

17. Security Guard Mariano was assigned to secure the properties of the bank when a man
appearing with a gun tucked-in in his belt is scaling the bank’s wall. Mariano shouted and fired a
warning shot, but the man continue with his act and Mariano has no other choice, except to shot
and hit the head of the man appearing to him as a robber. The man died and the alleged gun
tucked-in in his belt is a toy gun. As counsel of the Mariano, what possible defense would you
invoke ?
 a. defense of property; c. fulfillment of a duty;
b. mistake of facts; d. self-defense.

18. Max and Bruno were having a drinking session when Juan, a gay, passed by. Max scared
Juan by showing his tattoos while Bruno shows his “cock”. All were done jokingly, but Juan was
so shock that he collapsed, fell on the ground with his head hitting the pavement and died. What
proper information should be filed against the two ?

a. malicious mischief ; c. homicide;

b. alarm and scandal; d. reckless imprudence resulting to homicide.

As counsel of the two accused, what possible defense would you invoke ?
a. lack of intent to commit so grave a wrong;
b. under the state of intoxication;
c. lack of intent to commit a crime;
d. all of the above.

19. Macario had been convicted of swindling, theft, robbery and malicious mischief. On the last
conviction, can an additional penalty be imposed against him aside from the penalty for malicious
mischief ?
a. yes, because he is considered as a recidivist ;
b. yes. because he is considered as a quasi-recidivist;
c. yes. because he is considered as a habitual delinquent;
d. yes. because he is considered as a recidivist and a habitual
delinquent.

20. Adela sold her golden bracelet she is wearing to Susana when the former losses in a casino.
Unaware that the golden bracelet was the object of robbery complaint filed in court, Susana was
apprehended by the authorities upon seeing the bracelet she is wearing. Charged for violation of
anti fencing law (PD 1612). What possible defense could Susana invoke ?

a. good faith and for value; c. present Adela as witness;

b. absence of criminal intent; d. return the bracelet.

21. Jose bought the 1 year old Pajero of his neighbor Tomas, a known carnapper for
P100,000.00, including a fake car registration transferred to Jose. Not long after the sale, the long
arms of the law catches Jose and charged for violation of PD 1612 (Anti-fencing law). Should he
be charged as :

a. accessory; c. principal;
b. accomplice; d. witness.

22. During the coup d’ etat, soldiers were given foods by the people believing for the worthy
causes of the soldiers. Hence, soldiers loyal to the government arrested them. What possible
crime the people (supporters) be liable ?

a. aiding and comfort to the enemy of the country;

b. assistance to the renegade soldiers;
c. Treason;
d. sedition;
e. no crime committed;

23. A group of armed men formed themselves as vigilantes to change the form of the present
government into a communist form of government killed the civilians who refuses to join them.
The alledged leader of the group, commander waray-waray was caught by the authorities and
confessed to the killing of Juan Tamban and raping Maria Malandi. What proper crime(s) should
be instituted against Commander Waray-waray ?
a. complex crime of murder with rape ;
b. complex crime of homicide with rape ;
c. complex crime of rebellion with rape ;
 d. Rebellion and rape.

24. Congressman Magaling was arrested by the PNP when the victim of slapping inflicted by the
former complaint to them. The congressman demanded for his immediate release because he
wanted to attend their regular session. But the PNP refuses until the complaint is settle between
him and the victim. The congressman hired your service to retaliate against the PNP, particularly
the arresting and detaining officers. What would be your plan ?
a. hires gun-for-hire to salvage the arresting and the detaining officer;
b. file against them a criminal case of illegal detention;
c. file against them a criminal case for violation of his parliamentary immunity;
d. file against them a criminal case.

25. Max, while being arrested by PO1 Malambot, shouted to the latter as “pisot” ‘matapang ka
lang kapag naka uniporme at mi bakal, hubarin mo yan at lumaban ka sa lalaki sa lalaki.’
Heading for the challenge, PO1 Malambot undress his uniform and engage in a fist fight with
Max. May max be liable for direct assault ?

a. no. direct assault is committed when the person to be arrested inflict injury to
the arresting officer ho is performing his duty/function as such;
b. no. by accepting to a fist fight, PO1 Malambot divest itself of such status as
agent of a person in authority;
c. yes, if PO1 Malambot losses in the fist-fight, then arrest Max and assert his
authority as a police officer and charge Max for direct assault;
d. yes. accepting a fist-fight and removing his uniform does not divest itself of
his status as a police officer.

26. The Ampatuan brothers were charged for multiple counts of murder and detained at Camp
Bantay. Atty. Tigasin was hired as their counsel who successfully defended them and eventually
to their release from Camp Bantay while the case is on going. The counsels for the prosecution is
planning to implicate Atty. Tigasin criminally. But for what crime Atty. Tigasin may be held liable ?

a. delivering prisoners from jail;

b. aiding the prisoners to escape from jail;
c. assisting prisoners to escape from confinement;
d. no crime committed.

27. Tom complaint before the PNP that Jerry is the one who robbed his house. Hence, the PNP
arrested Jerry and locked him in jail. 2 hours later, Jerry escaped with the assistance of a co-
detainee by using a false key. Hence, the PNP is contemplating to institute a criminal action.
What possible crime would you institute against the co-detainee ?

a. delivering a prisoner from jail;

b. aiding the prisoner to escape from jail;
c. assisting prisoner to escape from confinement;
d. evasion of sentence.
e. illegal possession of false key.

28. The Visconde massacre (People vs. Webb) is still pending before the Supreme Court while
the accessory Adiong had already been release from jail because he had already serve the
sentence. Although the case of Adiong (People vs. Adiong) is still pending before the CA. Would
you consider the release of Adiong extinguishes his criminal liabilities ?

a. yes. one of the mode of extinguishing criminal liability is service of

sentence;
b. no. because the CA have not yet fully discharged the case of Adiong;
c. yes. the case of Adiong is separate from the case Webb;
d. no. because the principal case (Webb) is still pending before the SC.

5 year old Robert saw Aling Nena killed her step-sister 6 years old Roxanne who carted the
corpse and disappeared but telling around the barangay that Roxanne went to her Grand parents
in Saranggani Province. Robert totally forgotten the incident but when elected as a senator,
Robert revealed the incident to his parents and to the authorities who arrested Aling Nena. Aling
Nena interposed a defense of prescription. Decide.
a. crimes punishable by death, reclusion perpetua or life imprisonment prescribed after 20
years from date of commission;
b. Aling Nena should not be held liable due to prescription. The commission of the crime
was witnessed by Robert, a relative of the victim. Hence, prescription commence to run from the
date of execution;
c. Aling Nena should be prosecuted for the crime committed. The prescription of the crime
commence to run only at the time Robert revealed the same to his parents and authorities.
d. Aling Nena should be prosecuted. The law provides that prescription of the crime
commence to run upon knowledge of the authorities, relatives or agent of the victim. 5 year old
Robert may not competent to be considered as relative of the victim.

Susara withdraw P5,000.00 from the bank wherein the bank give her 5 pieces of P1,000.00 bill.
Without examining the notes/bill, she directly went to a grocery store using the 5 notes in paying
the groceries. The cashier secretly notified the in house police that the notes/bills were fake.
Hence, Susara was accosted and charged for illegal possession of fake money. Decide.
a. Susara is not liable for the crime charged due to lack of intent to utter the fake money;
b. Susara is liable, good faith is not a defense in illegal possession of fake money;
c. Susara is not liable. The fake money does not originate from her, but from the bank;
d. Susara is liable. It is not the possession in good faith but the act of uttering is the one
being punished by the law.

The accused was acquitted by the court from illegal possession of Shabu despite of the testimony
of the lone witness of the prosecution who was PO1 Matapat that during the search, he
discovered a sachet of shabu in the left pocket of the accused. Decide what possible retaliatory
act that the accused may institute against PO1 Matapat.
a. false testimony in court; c. illegal arrest;
b. planting of evidence; d. perjury.

What possible defense that PO1 may invoke when charged before the court ?
a. the testimony in court is privilege and therefore, can not be sued for it;
b. the testimony in court is true and its is the truth;
c. the act is proper. Based on the presumption of regularity in the performance of duty ;
d. the act is commendable, being an officer, he is loyal to his department.

One night, PO2 Manalangin went home early and caught his wife and Terry in an actual sexual
act. Angered by the situation, he pulled his gun, shot and hit Terry, who is on top of his wife.
Unfortunately, the bullet penetrate down to his wife, causing the instantaneous death of the two.
PO2 was convicted and sentence to suffer destierro. PO2 Manalangin is wondering whether he
relly commits a crime when in fact he is hust defending his honor ?
a. Yes. killing his wife and terry is a crime of parricide and murder which is punishable
under the RPC;
b. Yes. the act of killing a person is itself a crime punishable under the RPC;
c. No. in reality his act is in defense of his honor, hence, does not constitute as a crime.
However, due to possible vengeance from the relatives of the victims, the court, by
sentencing him for destierro, is to avoid him such.
d. No.acts punishable by destierro is not a crime.

Wang Si was caught during buy-bust operation of the PDEA and confiscated from him 100 grams
of shabu. He give P100,000.00 to the PDEA chemist in order to declare it as “Tawas” and
eventually destroy them which the chemist obliquely destroy them. Hence, Wang Si was
acquitted due to absence of evidence. As counsel of the PDEA, what possible crime the chemist
may have committed. If any ? .
a. Dereliction of duty and bribery;
b. Dereliction of document in his lawful custody and bribery;
c. Dereliction of evidence in his lawful custody with bribery;
d. Dereliction of document and direct bribery;
e. Obstruction of justice and bribery.
1. Mario, credit card verifier of XY mega mall, swipes the credit card of a customer
(Margarita) to pay his Davao light bill amounting to P50,000.00. At the end of the
month, Margarita received a bill from the provider of her credit card that she owes
P50,000.00 as payment to the Davao Light. Finally it was traced to Mario who used
the said credit card.
Under the RPC, do you consider such act as a felony ?

a. yes. such act constitute thivery;

b. yes, such act constitute robbery;
c. yes, such act constitute as estafa;
d. no. such act only constitute a civil liability.

On the other hand, supposing it was a felony and Mario had been penalized for it.
May he be criminally liable under RA 8484 – illegal possession of fake credit card ?
(essay type question) NO. for lack of intent to possess (animus posedendi)

2. Teban had a hated altercation with Barangay Chairman called his attention that
next time he must show respect to him as Barangay chairman. Unhappy about
such call, he draw his bolo and hacked the Barangay Chairman who happened to
be his opponent in the recent Barangay election. Due to such incident, Teban was
charged for a crime of Direct assault and another crime of murder for the death of
the Barangay chairman. As prosecutor, resolve whether the charges are proper ?

a. yes. its proper. Direct assault is committed because the victim is a person in
authority. And murder is proper because of the death of the victim is a result
of hacking without giving the victim the opportunity to defend himself;
b. yes. its proper. Direct assault could stand separately because they are
crimes under different titles of the RPC;
c. no. there should only be one information because it arises from a single
impulse of Teban.
d. No. murder is absorbed by the direct assault or the direct assault is
absorbed by murder. Hence, it should considered as a complex crime.

3. Due to differences in political affiliation. The Mayor, who belongs to the Liberal
Party, while the barangay chairman belongs to the Nationalista party has an
altercation regarding a local government project which was opposed by the
barangay chairman resulting to a personal exchange of fist blows. Hence, each
one filed a direct assault against the other. But the prosecution could not determine
who initiated the said fight because each of them is invoking self-defense. Advice
the prosecutor what proper action he should do.

a. dismiss the complaint of both. Being in pari delicto;

b. dismiss the complaint of both. Baing a case of damnum absque injuria;
c. admit both the case and have the parties litigate before the court;
d. certify both the case and let the best man.

4. Jaime Tan presented to the Davao City office of the customs all the pertinent
papers for the release of his 1 container van allegedly containing imported toys
from China for sale this coming christmas. And paid the corresponding duties.
However, upon final inspection, it was discovered that the said container van
contains high valued racing cars which is 100 times higher that its declarations. The
bureau of customs is contemplating to file criminal charge(s) against Jaime Tan.
 a. smuggling;
b. falsification of commercial document;
c. falsification of private document;
d. falsification of public document;

5. Public school teacher Maria twisted the ear of pupil Johnny when the latter was
so noisy while the former was sleeping during the class. After the noon dismissal,
Bruno, the father of Johnny, accompanied his son and boxed Maria for her act of
twisting the ear of Johnny. The incident caused Maria a week medication. The
school administration is asking what acceptable solution/remedy to the situation ?

a. expel Johnny from the school;

b. reprimand Johnny;
c. reprimand Bruno;
d. file a case against Bruno;

Should the school administration decided to file a case against Bruno, what should
then it be ?
a. civil case for indemnity for medical expense;
b. civil case for moral, exemplary and temperate damages;
c. criminal case of direct assault;
d. criminal case of physical injuries;

6. Finding that there is the existence of probable cause, the prosecutor filed the
necessary information before the court. However, without the knowledged of the
prosecutor, the victim and the accused agreed to settle the issue amicably whereby
the victim executed an affidavit of desistance in exchange for a big sum of money.
Hence, the prosecutor was surprise when the defense move for the dismissal of the
case due to such desistance of the victim. As a judge, what will you do with the
motion ?

a. Dismiss the case. The court losses jurisdiction due to such affidavit of
desistance;
b. Dismiss the case. The prosecutor losses authority to prosecutes the case;
c. Denied the motion. The affidavit is immaterial when the court already
acquired jurisdiction. Such jurisdiction continues until fully disposed of by
the court;
d. Denied the motion. the crime committed is against the state and therefore,
it is the state who should execute the affidavit of desistance.

7. Due to non payment of the imposed P50,000.00 campaign fee by the NPA, Max
and Bruno shot and killed the newly elected barangay chairman per order of their
leader. When caught, what proper charge(s) should be filed against them ?

a. murder; c. rebellion;
b. direct assault; d. homicide.

And why ? (essay type question) act in furtherance of their objective which is to
overthrow the duly established government.
8. Cesar is suspecting that Piolo and Gretchen (wife of Cesar) were having a carnal
relation. Hence, Cesar warned Piolo to stay away from their place, otherwise, he
will be liquidated. If Piolo would consult you, what will be your advised ?

a. file a case of coercion for compelling Piolo to do an act against his will;
b. file a case of grave threat for threatening Piolo’s life for possible death;
c. file a case for violation of Piolo’s constitutional rights against his liberty of
abode;
d. file a petition for writ of amparo.

9. The municipality of Tambo is composed of Bawang island and Ahos island.

Mayoralty candidate Luy-a feared that Bawang island is under the control of the
incumbent re-electionist Mayor Sibuyas, Luy-a contacted the pirates luring around
the islands under the leadership of pirate Tinedor to snatch the ballots when being
transported from Bawang island to Ahos island where the municipal government
was establish. Per agreement, the pirates executed the plan which resulted to the
killing of the police escorts and employee from the comelec and took away their
weapons. What crime the offender be liable ?

a. piracy c. murder;
b. qualified piracy; d. violation of election law.

10. Watusi pregnated his live-in partner Sukiyaki. To hide the said prenancy, they
bought a “pang palaglag” substance from an old woman in Quiapo. However, it
failed to effect, hence, a child was born premature and immediately placed the child
inside a shoe box and throw it to the Pasig river, but rescued by a passerby. Upon
authopsy, the child died due to drowning. What possible crime the two had
commited “
a. parricide; c. homicide;
b. infanticide; d. abortion.

11. Kanor is courting Kanora but to no avail. Hence, Teban suggested to Kanor to
kidnap Kanora and demand for ransom from her parents and at the same time to
rape her so that she would be forced to marry him. Teban even prepared the plan
which Kanor executed in kidnapping Kanora successfully. However, since Kanor
refuses to share an amount from the proceeds of the ransom, Teban reported to
the police the kidnapping which irked Kanora. Kanora is contemplating to file a
case of kidnapping. May Teban be liable ?

a. No. because Taban had no participation in the commission of

kidnapping;
b. yes. because there was conspiracy. An act of one is the act of all.
c. No. because proposal to commit a crime is not punishable unless it is
transformed into an overt act.
d. Yes. Teban is considered as a principal by inducement.

12. Wife Grechen jokingly told her husband Boy that she has a sweetheart in the
name of Abunda. Irked by what he heard, Boy slapped the face of Grechen
resulting to the damage of her face surgery. What crime would you charge against
the husband ?

a. violation of Violence against woman and child law;

b. violation of the RPC for Physical Injuries;
 c. violation of law on marriage;
d. violation of canon law.

13. With the connivance of her paramour Lucas, Matutina prepared a pansit mixed
with a poison to kill her husband James so that Lucas and Matutina could live
happily ever after.
Upon arrival from office, Matutina served her husband the said pansit for his
merienda. While eating, James compare arrived and shared with the pansit. Both
died due to food poisoning. What would be the crime of Lucas and Matutina ?

a. murder ;
b. parricide;
c. murder for the death of James’ compare;
d. parricide for the death of James commited by Matutina and murder on
the part of Lucas.

14. The attending midwife during the delivery of Salani, forcibly pulled the head of
the child because the mother could no longer “utong” to push the child out from her
vagina. Due to such force, the head of the child was separated from its body. The
child died. Hence, the parents hired your expertise on the matter because you have
taken your bar review from the vinta legis review. What possible action would you
institute against the midwife ?

a. murder; d. reckless imprudence resulting in

homicide;
b. infanticide ; e. homicide;
c. medical malpractice ; f. criminal negligence.

15. While repairing the car, the mechanic accidentally touched a live wire which
resulted to a battery short circuit and totally burn the car. As car owner who
demanded for the value of the said car but refused by the repaired shop. Would a
criminal or civil action be proper in this case ?

a. Criminal action of damage to property is proper ;

b. Criminal action of reckless imprudence resultng in damaged to property is
proper ;
c. Civil action of civil negligence is proper;
d. Civil action for damages is proper to recover the value of the car.

16. If civil action is instituted against the repair shop, what will be your defense ?
a. doctrine of fortuitous event;
b. lack of intent to commit so grave a wrong;
c. doctrine of pari delicto;
d. damnum absque injuria.

If criminal action is instituted, what would be your defense ?

a. preater intentionem;
b. aberratio ictus;
c. Actus mi invito non est mios actus;
d. Good faith.

17. Santos threw a lighted cigarette on the roof of the nipa hut of Ramos due to
their quarrel. The hut was burn and due to strong wind, the fire traversed to the
bungalow type residence of Aquino. On what basis would you consider that Santos
is also liable for the burning of the bungalow house as a consequence of his act ?

a. Since Santos is liable for burning the nipa hut of Ramos, he should also
be liable for the possible consequence of his act;
b. Ramos should be held liable for the burning of the bungalow house
under the doctrine of proximate cause;
c. Ramos is not liable for the burning of the bungalow. It is the wind that
brought the fire that burn he bungalow;
d. Ramos is not liable because of lack of intent to burn the bungalow.

18. Sensing that he has no match in a fist-to-fist fight with Tarsan, Barok run inside
his house. However, Tarsan followed him and stabbed Barok to death inside the
kitchen while holding a spoon full of rice. Would self-defense be available on the
part of Tarsan ?

a. yes. otherwise, the act of getting inside the house carries with it the
intention to kill Tarsan;
b. yes, the act of eating is to energized him in order to have a good fight;
c. no. by running from the fight is a manifestation of cessation of
aggression;
d. no. because when Tarsan killed Barok, the latter is not in a position to
retaliate.

19. Luis was charged for 10 counts of acts of lasciviousness filed by 10 offended
parties separately. To expedite the proceedings, the court consolidated the hearing
and rendered a decision of 1 year imprisonment for each count or for a total of 10
years imprisonment. Because this is the 1 st time he commits a crime, would he be
entitled to a probation ?

a. yes. because he is not a habitual delinquent;

b. yes. because probation is granted to offender whose penalty does not
exceed 6 years imprisonment ;
c. no. because his penalty is more than than 6 years ;
d. no. because libel is not subject for probation.

20. A group of akyat-bahay gang entered the house of Digna. Thereafter, they
discovered that there are other 3 houses owned by different owners aside from the
house of Digna. So they decided to rob also the other 3 houses. When caught, the
authorities filed a single information of robbery against the gang. Decide whether
the act of the authorities is proper ?
a. improper. It should be a 4 separate informations because there are 4
individuals
victimized;
b. improper. Consolidation of the crimes into one informations negates the
criminal liability to the other victims;
c. proper. There is only one intent to commit robbery. The other 3 supposed
robbery were done on occasion of the robbery against Diana;
d. proper. It is within the prerogatives of the prosecutor.

21. Max lost his necklace with his name engrave therein. Upon seeing the same
around the neck of Bruno. He demanded for its return but Bruno refuses. Hence,
Max draw his pistol and told Bruno that if he will not return it, he will kill him. Feared
by the words of Max, a noted killer for hire, he gave to Max the said necklace.
Although, it was Bruno who snatch the said necklace, he is contemplating to file a
criminal action against Max because such act cause him to loss his status as
“tigasin” in the area. What would be your action as counsel of Bruno ?

a. file a criminal action of grave threat;

b. file a criminal action of grave coercion;
c. file a criminal action of robbery with intimidation upon person;
d. file a criminal action of thief ;

22. Moises obtained a loan from Pluto. The very same money was used by Moises
in buying a tv set from an appliance store. For failure to pay the loan despite of
repeated demands. Accompanied by a policeman, Pluto went to the house of
Moises and forcibly opened the cabinet where the said TV set was hidden and took
the TV set as a payment of the loan. A case of robbery was instituted against Pluto
and implicating the policeman.
a. the act of implicating the policeman is improper. The policeman is present
to preserve peace and order;
b. the act of implicating the policeman has no basis. the policeman is not a
party to the unlawful act;
c. the act of implicating the policeman is proper. The policeman is an
implied co-conspirator in the crime of robbery ;
d. the act of implicating the policeman is proper. Such act of accompanying
Pluto signifies an implied connivance for consenting the act of Pluto.

23. Municipal treasurer John is afraid to bring the money collected to his house
from possible robbery. Hence, he used to have it change into check from the
businessmen around particularly during Saturdays. The checks of the businessmen
never had bounced. On one audit date, the cash on hand of the treasurer is exactly
equal to the amount collected but composed of personal checks of the
businessmen in exchange for the actual cash collected. Since there was a personal
grudge between the auditor and the treasurer because of the latter’s refusal to
exchange the personal check of the former, the former decided to report the
incident to the office of COA. As counsel of COA, what possible action would you
institute against the treasurer, if there is any.

a. Technical malversation; c. graft and corruption;

b. Malversation; d. no crime committed.

24. City ordinance creating a trust fund for the creation of a school canteen in every
school operated by the city government and requiring all parents to contribute
P100.00 per month until the required budget for the completion of the school
canteen is meet. Laura was designated as the over-all treasurer. Instead of
preserving the money collected, Laura losses it in a casino. What proper charge(s)
would you institute against Laura ?

a. violation of the ordinance; c. Malversation;

b. estafa; d. Swindling.

25. When a student found a celphone inside the jeep he was riding, he turn it over
to a passing policeman with instruction that “ paki bigay nalang po itong celphone
sa owner”. The policeman tried to locate the owner but to no avail. And sensing that
the celphone can send message even without any load, he decided to kept it for
himself for consumption. If former chief justices who were already in “heaven” could
come down, what possible crime they would institute against the policeman ?

a. robbery; c. estafa;
b. thief; d. swindling;

26. Items pawned which were not redeemed were foreclosed and sold at public
auction by Maligaya pawnshop. When there is no bidder, the items were entrusted
to Aling Osang for sale and return the item within 30 days if unsold. If sold Aling
Osang will return the proceeds minus the 20% commission. This is the practice of
the Maligaya pawnshop and Aling Osang for the past years. However, due to old
age, Aling Osang suffered “rayuma” and could hardly walk. So, she asked a favor
from her neighbor Aling Nenita to return the items to Maligaya pawnshop. Aling
Nenita, instead of returning the items to the pawnshop, pawned them to Malungkot
pawnshop. What proper action should be instituted by Maligaya pawnshop against
Aling Osang ?

a. violation of trust receipt law; b. estafa;

c. malversation of private fund/property c. thief ;

As a judge, will you convict or acquit Aling Osang ?

a. convict Aling Osang for failure to return the items per the trust
agreement which resulted to damage on the part of the Maligaya
pawnshop;
b. convict Aling Osang for estafa;
c. acquit Aling Osang for no crime was commited.
d. Acquit Aling Osang for it was Aling Nenita who commits the wrongful
act;

27. Lorena used to take a bath inside a bathroom full of holes. She was aware that
guys use to peep whenever she was bathing nakedly. She does not complain
because it would enticed the men to pay her higher price as a prostitute. Wives of
the peeping Toms complained to the Barangay over the incident and it becomes
the talk of the town about the beautiful body of Lorena. Would it be proper to
charge Lorena for :

a. Alarm and Scandal for exposing his naked body to almost of the barangay’s
men ;
b. Illegal promotion of her business of prostitution;
c. Prostitution;
d. Obscene publication;
e. No crime committed.

Supposing Lorena is aggrieved by the act of the peeping Toms who exposed what
they have seen from Lorena, would it be proper to charged them for :

a. illegal peeping;
b. libel;
c. alarm and scandal;
d. no crime committed.
28. A married B. Later, A discovered that they were related within the 3 rd civil
degree. A married C. B aggrieved by the act of A in entering into a second married,
B also got married to D. if A and B would file charges of bigamy against each other,
would it prosper ?
a. yes. A committed bigamy when he married C because his 1 st marriage
was not yet dissolved. And likewise, when B married D, her marriage to A was not
yet dissolved;
b. yes. any subsequent marriage while the 1 st marriage is still subsisting is
considered bigamous marriage;
c. no. because of pari delicto;
d. no. because there is no marriage to talk about because their marriage is
null and void being an incestuous marriage.

29. Oh Tao, a chinaman executes an affidavit of good moral character to support

his application for Filipino naturalization which was not true because he is a fugitive
in China. When presented in court, and after swearing that he will tell the truth and
nothing but the whole, he was made to read his affidavit of good moral character.
What would be the possible crime he may had committed ?

a. false testimony ;
b. no crime commited, it there is any, it was committed outside the
Philippine jurisdiction;
c. perjury;
d. falsification of public document .

30. While standing on board a bus, passenger Susan, at times, bumped her boobs
unto the back portion of a gay passenger which irritated the latter and
contemplating to file a criminal charges against Susan. What would be the proper
charge ?

a. acts of lasciciousness;
b. act of unjust vexation;
c. act of physical injuries;
d. act of alarm and scandal;
e. No crime committed.

31. Lorna and John, both 15 years old, were sweetheart. Everytime they goes
together, they were always holding their hands and when to part, they always
kissed each other. But sad to say that the parents of Lorna is against their
relationship. So, the two decided to eloped. The parents of Lorna filed a kidnapping
of minor against John who is willing to go to jail just to proved his faithful love to
Lorna. Would you consider John guilty of kidnapping ?

a. John is guilty of kidnapping, the voluntary act of Lorna in going with him
(eloping) does not constitute a valid consent being a minor;
b. John is not liable for kidnapping. Under the Juvenile justice law, a 15 years
old is exempt from criminal liability;
c. John is liable for kidnapping with lewd designed;
d. John is not liable. There is mutual consent if eloping.

32. Nonoy was courting Lucring but rejected because she already had a
sweetheart. Feeling offended, Nonoy, with the assistance of Boyaks, kidnapped
Lucring and brought her to a warehouse. 2 days latter, she was brought near the
crater of Taal volcano and raped by Noynoy. Thereafter, she was pushed and fell
inside the crater of the volcano with a boiling lava. Her body could no longer be
retrieved. As a prosecutor what possible crime(s) would you file against Noynoy ?

a. kidnapping;
b. illegal detention; d. murder;
c. rape; e. all of the above.

Since the body of the victim could no longer be retrieved. Will the said accusation
prosper ?
a. it will not prosper. The corpus delicti could not be established;
b. it will not prosper. The guilt of the accused could be proven beyond
reasonable doubt;
c. it will prosper despite of the absence of the body of the victim thru
circumstantial evidence;
d. it will prosper. By utilizing Boyaks as a state witness.

33. Teban is married to Tiburcia. However, he maintained a paramour whom they

meet in a motel every week for their sexual intercourse. What possible crime Teban
may have committed, if there is any ?

a. adultery; c. violence against women;

b. concubinage; d. no crime committed.

34. When Robin was imprisoned for a crime committed, the gay prison cell mayor,
Zuseth, called him for a sexual favor inside the cell which Robin could not refuse.
Otherwise, he will be tortured. On one occasion, Zuseth obligated him to insert his
“cock” into the gay’s anus which Robin do so. What crime(s) Zuseth may have
committed against Robin ?

a. rape; c. acts of lasciviousness;

b. grave threat; d. grave coercion.

35. A, B, C and D were having a drinking spree at Kulas beer house. Unfortunately,
their monies were not sufficient to pay their bill. So, armed with balisong, they went
out and hold-up a passing taxicab and rob his earning in order to pay their bill.
Mang Kulas reported to the authorities about the non-payment of the bill when they
went out from the beer house. Hence, the policemen apprehended A, B, C, and D.
what possible crime would you institute for robbing the taxicab.

a. estafa and highway robbery; c. estafa and thief;

b. estafa and robbery; d. estafa and malicious mischief.

36. The truth commission reported to President Noynoy that they uncovered a
behest loan obtained in 1975 during the Marcos presidency implicating the former
first Lady. As an adviser on legal matters, would you suggest the dropping or
pursuing the case ?
a. dropped the case because of prescription;
b. dropped the case. All the parties may no longer be existing;
c. pursue the case. It is at the time of discovery when prescription
commence to run
and not from the time of commission;
 d. pursue the case. The death of the offenders is immaterial because the
victim is the
government.

37. Basilio married Sisa. Sisa went to Saudi Arabia. Convert herself into Islam and
married Crispin, an OFW, in Saudi. After the end of their contract, the two decided
to return to the Philippines and resided in Bohol. It was in Bohol that Crispin
learned that Sisa is already married to Basilio but he could not leave Sisa as she is
already 5 months pregnant. Upon knowing their return, what possible crime Basilio
may file against them ?

a. bigamy; c. adultery; e. no crime committed.

b. concubinage; d. acts of lasciviousness.

Who should then be considered as the father of the 5 months old foetus ?
a. Basilio b. crispin

38. Salcedo had a sexual intercourse with a 30 years old special child, Margie,
whose mentality is like of an 8 year old child. Margie seems to be enjoying the act
and even ask for another round. What possible crime may Salcedo have committed
?

a. acts of lasciviousness; c. qualified rape; e. raped with

consent.
b. rape; d. statutory rape.

39. Rosalinda invest her P100,000.00 in a money placement for 30 days which
would earned an interest of P15,000.00. The president of the Masuerte money
placement and finance Corporation issued a check worth P115,000.00 posted for
30 days as the return and the supposed income of Rosalind. When matured, the
check bounced when deposited. What possible criminal liability may be instituted
against the Drawer ?

a. estafa c. violation of BP 22;

b. falsification of private document; d. estafa and violation of BP 22.

40. Upon his retirement from the government service, Macario’s past time is to
follow young girls until such time that he could touch either their legs, hips, boobs
or kiss them. On one occasion, a young girl shouted when Macario touches her
boobs. When arrested, what possible crime should be charged against him ?

a. acts of lasciviousness; c. alarm and scandal;

b. other acts of child abuse; d. unjust vexation.

41. Pregnant Linda approached childless couple Mario and Maria wherein the
parties agreed that when Linda enter the hospital for delivery, she would register
herself as Maria married to Mario and that the hospital bills shall be paid by the
couple in exchange for the child. The birth certificate of the child appears that his
parents were Mario and Maria. The child was baptized as Tiburcio. 50 years later,
Tiburcio became the President of the Philippines and would it be possible for Linda
to claim back her child ?
 a. yes. by filing a petition for habeas corpus;
b. yes. by filling a criminal case against the couple for simulation of birth;
c. no. the crime, if there is any, already prescribed. The maximum
prescriptive period is 20 years;
d. no. he who comes to court must come with a clean hands.

42. The meat inspector of Manila City arrested a market vendor for selling a double
dead pork. The vendor ask for forgiveness because he is not aware that the said
meat is from a double dead pig. Decide whether the vendor should be charged for
violation of the city ordinance prohibiting the selling of double dead pork ?

a. the vendor should be released for absence of knowledge that the said
meat comes from a dead pig;
b. the should be released due to lack of criminal intent to possession and
sell double dead pork;
c. the vendor should be charged because as a vendor he ought to know the
nature of the pork his is selling;
d. the vendor should be charged as an accessory to the violation of the
ordinance.

43. Seeing that his corn (plant) is being eaten by the carabao of Teban, Goliath got
a ripple and shot the carabao hitting its forehead and instantaneously died. Not
satisfied, he butchered the carabao, sold its meat and bring home some for
consumption. Teban reported the incident to the authorities and arrested Goliath.
Now, the authorities is contemplating to file an action against Goliath. If it is a civil
action, for what ?

a. civil action for recovery of damages;

b. civil action for indemnification;
c. civil action for moral and actual damages;
d. civil action for restitution.

If it is a criminal action, for what ?

a. malicious mischief; c. cattle rustling;
b. damaged to property; d. illegal butchering.

44. Tomas regretted for legally adopting Santino who happen to be the son of a
rascal. Considering that the adopter could no longer file a petition to cancel the
adoption, Tomas decided to place the 5 year old Santino inside a jute sack, tied it
and throw it into the ocean where the big fishes feasted on it. What crime would
you file against Tomas ?

a. homicide; c. parricide; e. criminal negligence.

b. murder; d. reckless imprudence resulting to homicide;

45. On board a bachelor bus from Ecoland terminal bound for Butuan City. When
the bus stopped at Tagum terminal, Passenger Max handed a P100.00 peso bill to
vendor Soraida for a bottle of water costing P10.00. Due to lack of available
change, Soraida have to look for a co-vendor for a change and the bus commence
to run leaving behind the supposed change. Was there a crime committed by
Soraida who has the change in her possession ?

a. yes. for failure to give the change, she committed estafa;

b. yes. for failure to give the change, she committed thief;
c. no. for lack of criminal intent;
d. no. for lack of intent to commit so grave a wrong.

46. The office of the COA assigned a celphone to each auditor for reporting and
communication. Auditor Belen was one of the recipient. During her audit
examination, she was so buzy that she forgot the celphone on top of the table
which was taken by their janitor Roman and sold it to a bystander Loloy for
P100.00.

In the case of Auditor Belen, what possible crime would be attributable to her :
a. culpable negligence;
b. reckless imprudence resulting in thief;
c. malversation resulting from negligence;
d. technical malversation.

In the case of the Janitor Roman, what possible crime would be attributable to him :

a. thief ; c. malicious mischief;

b. violation of anti-fencing law ; d. unjust enrichment.

In the case of the bystander, what possible crime would be attributable to him :
a. illegal possession of celphone; c. violation of anti-fencing law;
b. fencing; d. thief.

47. Maria was pregnated by Juan. However, Juan refuses to marry her. Hence,
Macario, the brother of Maria, hunted Juan and finally cornered him in Matina
Beach. Abducted Juan and brought to Cotabato City. Still Juan refuses to marry
Maria on the ground that he was not the father of the foetus. No other choice but
Macario killed Juan to save their face. When charged for kidnapping with murder,
what mitigating circumstance Macario may invoke ?

a. lack of intent to commit so grave a wrong; c. defense of an honor;

b. vindication of a wrong; d. defense of a relative.

48. Senator Layasin was charged for kidnapping and killing a prominent person and
his driver. Sensing that he could not get a fair trial, he decided to escape from
justice and hide under the protection of a fellow senator, Maconat. Unfortunately,
Senator Layasin was caught and what possible crime the DOJ may institute against
Senator Maconat ?

a. accessory; c. principal;
b. accomplice; d. obstruction of justice.

49. The Armed forces of Timbukto arrested suspected rebel’s group while they are
conducting medical training for the assistance of their injured comrads-in-arms.
However, the President of the Republic of Timbukto decided to release them.
Supposing their laws are similar to the laws of the Philippines, what possible action
may be instituted against the President, if any.

a. impeachment; b. culpable violation of the constitution;

c. betrayal of trust; d. other high crime.

50. Laila married to Vic. Their union got sour when Vic got a mistress Vicky.
Practically the earnings of Vic goes to the mistress. Hence, Laila have to work for
the support of her family. Aside from that, threat against life has been received from
Vicky. As a good neighbor, what advice would you share to Laila ?

a. report the matter to the Barangay and seek for barangay protection order
;
b. file a petition for writ of amparo before the RTC;
c. file a concubinage case against Vic and Vicky;
d. seek protection from the DOJ for protection order.

51. Roxanne deposited P300,000.00 in the morning and before the bank closes,
she again deposited another P250,000.00. The bank was quite amazed of the huge
amount of deposits made considering that Roxanne is an ordinary market vendor.
As a bank, what possible action would you do on this matter ?

a. refuse the deposits for being of doubtful source;

b. report the matter to the Anti-money laundering council ;
c. conduct an investigation as the source of money deposited;
d. perform a lifestyle check on Roxanne.

52. The participant of the BIR personnel management seminar were awaken when
the resource person Tirador says that “ almost all of the personnels of the BIR are
corrupt, if not swindlers”. The following day, they filed a libel case against the
speaker. Decide.

a. such words implicates to destroy the good images of the bureau;

b. the words spoken is libelous to the personnels;
c. it has no implication, just to awaken the spirit of the participants;
d. it bears no criminal intent. It merely renders an opinion.

53. During the buy-bust operation, Tang An was apprehended by the PDEA.
Evidence of shabu was properly identified in the presence of the Barangay
chairman and his councilors. It was turn-over to their laboratory for examination.
The chemist interchanged it with the shabu confiscated from Ang si, although of
the same quantity. As a judge, knowing what happened in the custody of the
Chemist, would you acquit Tang An and Ang si ?

a. no. because of the same quantity;

b. no. because the truth is that they were arrested due to possession of
illegal drugs;
c. yes. due to failure to observe the chain of custody rule;
d. yes. the evidence presented in court are considered planted evidence,
being not the real shabu confiscated from them.
54. Market vendor Susan deposited with the PNB Agdao branch, P300,000.00 and
on the later hour of the same day, she deposited again P250,000.00 with PNB, San
Pedro, but on her different accounts. May she be a proper target of Anti-money
laundering council investigation ?

a. yes. because she exceeded the P500,000.00 deposits in one banking

day.
b. Yes. because of her status as a market vendor which creates a doubt as
to the source of the money.
c. No. because of the bank secrecy law;
d. No. it is exempt from the AMLAC investigation being deposited in different
account.

55. Lucio and Maria agreed to allow Lucio having sexual intercourse with Maria’s
13 year old daughter, Ignacia. What would be the possible participation of Maria in
the rape case ?

a. yes, the agreement present an express conspiracy to rape;

b. yes, the agreement being for a price makes Maria a principal by
inducement;
c. no. Maria did not participate in the commission of the rape;
d. no. but Maria is considered as an accessory to the crime of rape.

56. Rustom and Claudine were sweetheart since 1990. However, in 2010 when
Rustom became diabetic, Claudine broke their relationship with objection from
Rustom. Since Rustom wanted to patch up their relationship, Rustom sent a naked
photo image of Claudine thru celphone. Disturbed by the message, she consulted
you for proper action against Rustom. Decide.

a. file a case of harassment ;

b. file a case of libel ;
c. file a case of electronic evidence;
d. file a case of violation of women and child.

57. OFW Gatdula Magpantay purchased an ingram pistol in Israel and brought it to
Dubai. Such places does not requires license to possess. When about to board the
PAL flight to the Philippines, the Dubai Police confiscated the said pistol, however,
due to good explanation in English which the Dubai authorities could not
understand, the pistol was entrusted to the captain of the PAL who loaded it in the
plane’s cockpit. Upon arrival in Manila, Gatdula signed the plane manifesto one (1)
ingram gun as his baggage. Due to absence of such document, the gun was
confiscated and charged Gatdula for :

a. illegal possession of firearm; c. illegal shipment of weapon;

b. illegal importation of firearm; d. illegal trafficking.

As counsel of the DOJ, what possible reason(s) would you invoke against
Gatdula ?
a. Gatdula is liable. The gun is considered as in his position when loaded at
the plane;
b. Gatdula is liable. the loading of the gun in the PAL plane is considered as
extension of the Philippine territory. Hence, the crime is committed within
the Philippines jurisdiction;
 c. Gatdula is not liable. the acquisition of the gun was committed outside the
Philippine territory. And territory is a jurisdictional requirement for the
criminal action to prosper;
d. Gatdula is not liable. the crime of illegal possession was committed in
Dubai and
therefore, outside the Philippine territory.

58. The father used to “himas-himas’ his 15 years old daughter and during the
night, he had sexual intercourse with her. When convicted, the father appealed the
RTC decision. It was during the appeal that the father died. What is the effect of
such death towards the civil liability ?

a. the civil liability is enforceable. Having been decided by the RTC;

b. the civil liability is extinguish by reason of death;
c. the civil liability is dismissed;
d. the civil liability still exist. The death only extinguish the criminal liability.

59. The land owner, thru force, threat and intimidation, signed a deed of sale of his
land in favor of Don Pepot. What possible criminal action may instituted against
Don Pepot ?

a. robbery c. grave threat;

b. thief; d. grave coercion.

60. Abdul married to Grace. Abdul had a paramour 17 years old Malou. There are
times that Abdul and Malou had sexual intercourse. What crime Abdul may have
committed against Malou ?
a. child abuse; c. rape with consent;
b. sexual abuse; d. concubinage.

61. It was during the honeymoon night of the newly wed couple Johnny and Susan
that Johnny felt that a person is peeping them thru a hole. Hence, he decided to
urinate unto to hole and a person shouted ouch because of the heavy uric acid, the
person was blinded. It turns out that the peeping tom is Abdul. What possible felony
Abdul may have committed ?

a. illegal peeping; c. unjust enrichment;

b. obstruction of justice; d. no crime committed.

On the part of Johnny, what possible felony may have committed ?

a. aberratio ictus; c. impossible crime; e. no crime committed.

b. error en personae; d. illegal urinating;

62. Farmer Tiburcio found a bag dropped from a passing airplane containing
$1,100,000.00. Afraid of being robbed or discovered, he deposited the same in a
Bank. Thru enough, the said money is the grease money for the ZTE deal. Hence,
the supposed person intended for it demanded for its return from Tiburcio who
refuses. Hence, they filed a plunder case against Tiburcio. Decide.

A. the plunder case will not prosper. The crime of plunder is committed by
any public officer;
 B. the plunder case will not prosper. Tiburcio is not a party to that ZTE
deal;
C. the plunder case will prosper. Because the money amassed is more
than P50,000.000.00 ;
D. the plunder will prosper. Plunder may also be committed by a private
person just like Tiburcio.

63. Makarami, a pure blooded unschooled bilaan, was caught planting marijuana
by the PDEA on his ancestral land. The marijuana is being sold in the low land
market who supplied him with the seeds. The PDEA is consulting you whether the
ancestral land where the marijuana was planted be escheated in favor of the
state ?

a. no. ancestral lands/domains are preserve for the indigenous

people and therefore exempt from escheating;
b. no. ancestral land/domains has been owned by the indigenous
people since time immemorial;
c. yes. for no one is above the law;
d. no comment.

64. Sazon, a DENR employee, upon seeing logs inside the compound of RR Shipyard
demanded a receipt for it. Due to failure to present the corresponding papers, Saz
demanded P100,000.00 from RR Shipyard otherwise, the manager would be arrested a
the logs be confiscated. What crime could have been committed by Sazon ?

a. Robbery extortion; c. grave coercion; e. qualified bribery

b. Thief extortion; d. bribery;

65. Makoy opened a number account with the Oro Bank. Lately, RA 9160 which
prohibits the numbered or anonymous account in banks was passed. So, the bank
is asking your opinion whether the number account of Makoy be allowed to
continue or closed ?

a. the numbered account should continue. It was created prior to the

enactment of RA 9160. Otherwise, RA 9160 would be considered as an
ex-post facto law;
b. the numbered account should be allowed based on priority in time, priority
in right;
c. the numbered account should be closed. The intention of RA 9160 would
be defeated if not applied;
d. the numbered account should be closed. The intention is to protect the
public from possible anomalous banking transactions.

66. Filipino Michelle and German Von Stoki live together without the benefit of
marriage in Cebu City and a child was born. When the child is already 1 year old,
Von Stoki disappeared with the child and no where to be found. The latest
information is that Von Stoki and the child is in Germany. What possible action
would Michelle institute against Von Stoki ?
a. kidnapping; c. writ of amparo; e. writ of habeas corpus
b. illegal detention. d. child abuse;
67. The horse of AA was standing quietly under the shade of a mango tree when
BB makes a fun of it by pinching its bulls (eggs). Hence, the horse reacted by
kicking which hit BB, resulting to his serious physical injuries. May BB ask for
indemnification from AA based on :

a. damnum absque injuria; c. aberration ictus;

b. prater intentionem; d. impossible crime;
e. nullum crimen nulla poena sine lege.

MCQ – mercantile

The newly elected President of the Philippines appointed his friend X for a
managerial position in the PNB. During their schools days in Wanbol University
taking automotive course, the President is assured by X that he will allows the
former to copy in every examination. Hence, as a gesture of paying the good favor
extended to him. Upon discovery by the Central Bank, it orders the dismissal of X.
as counsel of the Central bank, what would be the basis of his removal ?

a. lack of experience in banking as shown by his credential;

b. fit and proper rule;
c. qualification standard rule.
d. Midnight appointment rule.

Cocoy Romualdez was charged before the ombudsman for violation of RA 3016
committed during the Marcos regime. Decide whether Coycoy be held liable ?
a. Yes, violation of RA 3019 is committed against the state and therefore
imprescriptible;
b. Yes. he have to return the money amessed to the government;
c. No. due to prescription;
d. No. due to in action since 1986.

48. Senator Layasin was charged for kidnapping and killing a prominent person and his
driver. Sensing that he could not get a fair trial, he decided to escape from justice and hide
under the protection of a fellow senator, Maconat. Unfortunately, Senator Layasin was
caught and what possible crime the DOJ may institute against Senator Maconat ?

a. accessory; c. principal;
b. accomplice; d. obstruction of justice.

49. The Armed forces of Timbukto arrested suspected rebel’s group while they are
conducting medical training for the assistance of their injured comrads-in-arms. However, the
President of the Republic of Timbukto decided to release them. Supposing their laws are
similar to the laws of the Philippines, what possible action may be instituted against the
President, if any.

a. impeachment; b. culpable violation of the constitution;

c. betrayal of trust; d. other high crime.

50. Laila married to Vic. Their union got sour when Vic got a mistress Vicky. Practically the
earnings of Vic goes to the mistress. Hence, Laila have to work for the support of her family.
Aside from that, threat against life has been received from Vicky. As a good neighbor, what
advice would you share to Laila ?
 a. report the matter to the Barangay and seek for barangay protection order ;
b. file a petition for writ of amparo before the RTC;
c. file a concubinage case against Vic and Vicky;
d. seek protection from the DOJ for protection order.

51. Roxanne deposited P300,000.00 in the morning and before the bank closes, she again
deposited another P250,000.00. the bank was quite amazed of the huge amount of deposits
made considering that Roxanne is an ordinary market vendor. As a bank, what possible
action would you do on this matter ?

a. refuse the deposits for being of doubtful source;

b. report the matter to the Anti-money laundering council ;
c. conduct an investigation as the source of money deposited;
d. perform a lifestyle check on Roxanne.

52. The participant of the BIR personnel management seminar were awaken when the
resource person Tirador says that “ almost all of the personnels of the BIR are corrupt, if not
swindlers”. The following day, they filed a libel case against the speaker. Decide.

a. such words implicates to destroy the good images of the bureau;

b. the words spoken is libelous to the personnels;

c. it has no implication, just to awaken the spirit of the participants;

d. it bears no criminal intent. It merely renders an opinion.

53. During the buy-bust operation, Tang An was apprehended by the PDEA. Evidence of
shabu was properly identified in the presence of the Barangay chairman and his councilors. It
was turn-over to their laboratory for examination. The chemist interchanged it with the shabu
confiscated from Ang si, although of the same quantity. As a judge, knowing what happened
in the custody of the Chemist, would you acquit Tang An and Ang si ?

a. no. because of the same quantity;

b. no. because the truth is that they were arrested due to possession of illegal
drugs;
c. yes. due to failure to observe the chain of custody rule;
d. yes. the evidence presented in court are considered planted evidence, being
not the real shabu confiscated from them.

54. Market vendor Susan deposited with the PNB Agdao branch, P300,000.00 and on the
later hour of the same day, she deposited again P250,000.00 with PNB, San Pedro, but on
her different accounts. May she be a proper target of Anti-money laundering council
investigation ?
a. yes. because she exceeded the P500,000.00 deposits in one banking day.
b. Yes. because of her status as a market vendor which creates a doubt as to the
source of the money.
c. No. because of the bank secrecy law;
d. No. it is exempt from the AMLAC investigation being deposited in different
account.

55. Lucio and Maria agreed to allow Lucio having sexual intercourse with Maria’s 13 year old
daughter, Ignacia. What would be the possible participation of Maria in the rape case ?

a. yes, the agreement present an express conspiracy to rape;

b. yes, the agreement being for a price makes Maria a principal by inducement;
c. no. Maria did not participate in the commission of the rape;
d. no. but Maria is considered as an accessory to the crime of rape.

56. Rustom and Claudine were sweetheart since 1990. However, in 2010 when Rustom
became diabetic, Claudine broke their relationship with objection from Rustom. Since
Rustom wanted to patch up their relationship, Rustom sent a naked photo image of Claudine
thru celphone. Disturbed by the message, she consulted you for proper action against
Rustom. Decide.

a. file a case of harassment ;

b. file a case of libel ;

c. file a case of electronic evidence;

d. file a case of violation of women and child.

57. OFW Gatdula Magpantay purchased an ingram pistol in Israel and brought it to Dubai.
Such places does not requires license to possess. When about to board the PAL flight to the
Philippines, the Dubai Police confiscated the said pistol, however, due to good explanation in
English which the Dubai authorities could not understand, the pistol was entrusted to the
captain of the PAL who loaded it in the plane’s cockpit. Upon arrival in Manila, Gatdula
signed the plane manifesto one (1) ingram gun as his baggage. Due to absence of such
document, the gun was confiscated and charged Gatdula for :

a. illegal possession of firearm; c. illegal shipment of weapon;

b. illegal importation of firearm; d. illegal trafficking.

As counsel of the DOJ, what possible reason(s) would you invoke against Gatdula ?
a. Gatdula is liable. The gun is considered as in his position when loaded at the
plane;
b. Gatdula is liable. the loading of the gun in the PAL plane is considered as
extension of the Philippine territory. Hence, the crime is committed within the
Philippines jurisdiction;
c. Gatdula is not liable. the acquisition of the gun was committed outside the
Philippine territory. And territory is a jurisdictional requirement for the criminal
action to prosper;
d. Gatdula is not liable. the crime of illegal possession was committed in Dubai and
therefore, outside the Philippine territory.

58. The father used to “himas-himas’ his 15 years old daughter and during the night, he had
sexual intercourse with her. When convicted, the father appealed the RTC decision. It was
during the appeal that the father died. What is the effect of such death towards the civil
liability ?
a. the civil liability is enforceable. Having been decided by the RTC;
b. the civil liability is extinguish by reason of death;
c. the civil liability is dismissed;
d. the civil liability still exist. The death only extinguish the criminal liability.

59. The land owner, thru force, threat and intimidation, signed a deed of sale of his land in
favor of Don Pepot. What possible criminal action may instituted against don Pepot “
a. robbery c. grave threat;
b. thief; d. grave threat

60. Abdul married to Grace. Abdul had a paramour 17 years old Malou. There are times that
Abdul and Malou had sexual intercourse. What crime Abdul may have committed against
Malou ?
a. child abuse; c. rape with consent;
b. sexual abuse; d. concubinage.

61. It was during the honeymoon night of the newly wed couple Johnny and Susan that
Johnny felt that a person is peeping them thru a hole. Hence, he decided to urinate unto to
hole and a person shouted ouch because of the heavy uric acid, the person was blinded. It
turns out that the peeping tom is Abdul. What possible felony Abdul may have committed ?

a. illegal peeping; c. unjust enrichment;

 b. obstruction of justice; d. no crime committed.

On the part of Johnny, what possible felony may have committed ?

a. aberratio ictus; c. impossible crime; e. no crime committed.

b. error en personae; d. illegal urinating;

62. Farmer Tiburcio found a bag dropped from a passing airplane containing $1,100,000.00.
Afraid of being robbed or discovered, he deposited the same in a Bank. Thru enough, the
said money is the grease money for the ZTE deal. Hence, the supposed person intended for
it demanded for its return from Tiburcio who refuses. Hence, they filed a plunder case against
Tiburcio. Decide.

A. the plunder case will not prosper. The crime of plunder is committed by any
public officer;
B. the plunder case will not prosper. Tiburcio is not a party to that ZTE deal;
C. the plunder case will prosper. Because the money amassed is more than
P50,000.000.00 ;
D. the plunder will prosper. Plunder may also be committed by a private person just
like Tiburcio.

63. Makarami, a pure blooded unschooled bilaan, was caught planting marijuana by the
PDEA on his ancestral land. The marijuana is being sold in the low land market who supplied
him with the seeds. The PDEA is consulting you whether the ancestral land where the
marijuana was planted be escheated in favor of the state ?

e. no. ancestral lands/domains are preserve for the indigenous people and
therefore exempt from escheating;
f. no. ancestral land/domains has been owned by the indigenous people
since time immemorial;
g. yes. for no one is above the law;
h. no comment.

64. Sazon, a DENR employee, upon seeing logs inside the compound of RR Shipyard
demanded a receipt for it. Due to failure to present the corresponding papers, Sazon
demanded P100,000.00 from RR Shipyard otherwise, the manager would be arrested and
the logs be confiscated. What crime could have been committed by Sazon ?

a. Robbery extortion; c. grave coercion; e. qualified bribery

b. Thief extortion; d. bribery;

65. Makoy opened a number account with the Oro Bank. Lately, RA 9160 which prohibits the
numbered or anonymous account in banks was passed. So, the bank is asking your opinion
whether the number account of Makoy be allowed to continue or closed ?

a. the numbered account should continue. It was created prior to the enactment of
RA 9160. Otherwise, RA 9160 would be considered as an ex-post facto law;
b. the numbered account should be allowed based on priority in time, priority in right;
c. the numbered account should be closed. The intention of RA 9160 would be
defeated if not applied;
d. the numbered account should be closed. The intention is to protect the public from
possible anomalous banking transactions.

66. Filipino Michelle and German Von Stoki live together without the benefit of marriage in
Cebu City and a child was born. When the child is already 1 year old, Von Stoki disappeared
with the child and no where to be found. The latest information is that Von Stoki and the child
is in Germany. What possible action would Michelle institute against Von Stoki ?

a. kidnapping; c. writ of amparo; e. writ of habeas corpus

b. illegal detention. d. child abuse;
67. Cocoy Romualdez was charged before the ombudsman for violation of RA 3016
committed during the Marcos regime. Decide whether Coycoy be held liable ?
a. Yes, violation of RA 3019 is committed against the state and therefore
imprescriptible;
b. Yes. he have to return the money amessed to the government;
c. No. due to prescription;
d. No. due to in action since 1986.

68. For whatever reason, the car of Johnny was intentionally bumped at its rear by the car of
Susan. The crime committed should be :
a. damages to property b. malicious mischief c. reckless imprudence resulting to
damages. d. intentional felony

Sy vs. People GR#183879 April 14, 2010 Criminal Law

Facts : Sy recruited Navarro for deployment to Taiwan and having paid P120,000.00 placement fee. Navarro
even participated in the processing of her papers but to no avail. Hence, Navarro demanded the return of the
P120,000.00 which Sy failed to do so.

Issue : Whether Sy could be simultaneously charged for Illegal recruitment and estafa under RPC Art. 315(2a)
which
arises from a single act ? YES

Issue : whether acquittal in either case be a ground for acquittal in the other case ? NO

Held : Illegal recruitment and estafa cases may be filed simultaneously or separately. The filing of charges for
illegal recruitment does not bar the filing of estafa, and vice versa. Sy’s acquittal in the illegal recruitment case
does not prove that she is not guilty of estafa. Illegal recruitment and estafa are entirely different offenses and
neither one necessarily includes or is necessarily included in the other.

People vs. Billaber 465 Phil 726 (2004)

A person who is convicted of illegal recruitment may, in addition, be convicted of estafa under Article 315,
parag. 2(a) of the RPC. In the same manner, a person acquitted of illegal recruitment may be held liable for
estafa. Double jeopardy will not set in because illegal recruitment is malum prohibitum, in which there is no
necessity to prove criminal intent, whereas estafa is malum in se, in the prosecution of which, proof of criminal
intent is necessary.

Held : Swindling or estafa is punishable under Article 315 of the RPC. There are three ways of committing
estafa :
(1) with unfaithfulness or abuse of confidence;
(2) by means of false pretenses or fraudulent acts; or
(3) through fraudulent means.

The three ways of committing estafa may be reduced to two :

(1) by means of abuse of confidence; or
(2) by means of deceit.

The elements of estafa are :

(a) that an accused defrauded another by abuse of confidence, or by means of deceit; and
(b) that damage is caused on the offended party or third person.

The act complained of in the instant case is penalized under Article 315, paragraph 2(a) of the RPC, wherein
estafa is committed by any person who shall defraud another by false pretenses or fraudulent acts executed
prior to or simultaneously with the commission of the fraud. It is committed by using :
fictitious name, or by pretending to possess power or influence, qualifications, property, credit, agency,
business or imaginary transactions, or by means of other similar deceits.

People vs. Temporada 574 SCRA 258 December 17, 2008

The addition of one year imprisonment for each additional P10,000.00, in excess of P22,000.00, is the
incremental penalty. The incremental penalty rule is a mathematical formula for computing the penalty to be
actually imposed using the prescribed penalty as the starting point. This special rule is applicable in estafa and
in theft.

People vs. Cruz GR#168446 September 18, 2009 Criminal Law

Facts : Atty. Soriano boarded the Jeep after being assured that one the passenger is the
compare of his trusted farm caretaker. However, when on board, he was made to surrender his valuables after
being poked with a knife on his neck inside the jeep and brought to a secluded place.

Issue : whether there was kidnapping ?

Held : People v. Santos 283 SCRA 443 … the fact that the victim voluntarily went with the accused did not
remove the element of deprivation of liberty, because the victim went with the accused on a false inducement
without which the victim would not have done so.

Issue : whether the offender be criminally liable for robbery ? YES

Concept of conspiracy or “the darling of the modern prosecutor’s nursery.”

General rule : The conspirators shall be held equally liable for the crime, because in a conspiracy the act of one
is the act of all.

in United States v. Peoni …“that nobody is liable in conspiracy except for the fair import of the concerted
purpose or agreement as he understood it; If later comers change that, he is not liable for the change; his
liability is limited to the common purpose while he remains in it.”

in United States v. Crimms …while conspirators are responsible for consequent acts growing out of the
common design they are not for independent acts growing out of the particular acts of individuals.

Issue : whether offender be liable for kidnapping and serious illegal detention ? YES
Issue : whether Atty. Soriano was kidnapped when he voluntarily goes with the offenders ?
Held : Although Atty. Soriano boarded the vehicle without any protestation, he was under the impression that
the said persons inside the same vehicle were to be trusted as he was assured by appellant Agustin about that
matter. Without such assurance, the victim would not have boarded the said vehicle. Moreover, it is important
to emphasize that, in kidnapping, the victim need not be taken by the accused forcibly or against his will. What
is controlling is the act of the accused in detaining the victim against his or her will after the offender is able to
take the victim in his custody.

People vs Deduyo GR#138456 October 23 , 2003… the carrying away of the victim in the crime of kidnapping
and
Serious illegal detention can either be made forcibly or
fraudulently.

People vs. Reyes 178300 March 27, 2009

RA 9346 took effect on June 24, 2006, prohibits the imposition of death penalty. In accordance with Sections 2
and 3 thereof, the penalty that should be meted out to the accused is reclusion perpetua without the possibility
of parole.

People vs. Algarme GR#175978 February 12, 2009 Criminal Law

Facts : Algarme took away the earnings and decided to kill the victim tricycle driver.
Issue : Whether the accused be liable for complex crime of Robbery with homicide ? NO
Held : The act of killing was not related to the robbery. Therefore, 2 separates crime were committed. Theft and
homicide

Note : No law or police regulation requires a police line up for proper identification in every case.

A special complex crime of robbery with homicide takes place when a homicide is committed either by reason,
or on the occasion, of the robbery.

Elements to sustain a conviction for robbery with homicide,

(1) the taking of personal property belonging to another;
(2) with intent to gain;
(3) with the use of violence or intimidation against a person; and
(4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense,
was
committed.

People v. Salazar 227 scra 67…the Court expounded on the concept of robbery with homicide under Article
294(1) of the RPC

if the original criminal design does not comprehend robbery, but robbery follows the homicide as an
afterthought or as a minor incident of the homicide, the criminal acts should be viewed as
constitutive of two offenses and not of a single complex offense. Robbery with homicide arises only
when there is a direct relation, an intimate connection, between the robbery and the killing, even if
the killing is prior to, concurrent with, or subsequent to the robbery.

People vs. Concepcion GR#131477 April 21, 2001…where the accused did kill and unlawfully take the
personal property of the victim, but the original criminal design to commit robbery was not duly proven – the
accused should be held liable for the separate crimes of homicide or murder (as the case may be) and theft,
and not for the special complex crime of robbery with homicide.

Briones vs. People GR#156009 June 5, 2009 Criminal Law

Facts : SG Molina lost his service pistol while he was pacifying the group of Briones and charged Briones for
divesting him of such firearm.
Issue : whether the crime committed is robbery or theft ?
Held : The crime committed was theft.
 Concept of robbery vs. theft
Elements of robbery :
(1) the taking of personal property be committed with violence or intimidation against
persons;
(2) the property taken belongs to another; and
(3) the taking be done with animo lucrandi.

Elements of theft are:

(1) that there be taking of personal property;
(2) that said property belongs to another;
(3) that the taking be done with intent to gain;
(4) that the taking be done without the consent of the owner; and
(5) that the taking be accomplished without the use of violence against or intimidation of
persons or force upon things.

The distinguishing element between the crimes of robbery and theft is the use of violence or intimidation as a
means of taking the property belonging to another; the element is present in the crime of robbery and absent in
the crime of theft.

Criminal : Arturo boarded a jeepney upon assurance by his compare that the other passengers on board were
good people. Only to discover that the same passengers poked a knife on his neck and divested him of all his
personal belongings and left abandoned after 3 days of “captivity” in an isolated house.
a. whether there was kidnapping committed ?
b. whether there was conspiracy between his compare and the alleged passengers ?
c. whether the act of driver following the instructions of the passengers a ground to implead him in
the charge sheet ?