Take the 2011 Bar Exams MCQs – Criminal Law Quiz.
2011 Bar Exams - Criminal Law [Questions 1 - 40]
Question 1 |
A | The offender is a public officer. |
B | The victim is raped. |
C | Ransom is demanded. |
D | The victim is killed as a consequence of the detention. |
Question 2 |
A | Accomplice to murder, since his cooperation was minimal. |
B | None, since he took no step to take part in executing the crime. |
C | Accessory to murder, since his map facilitated the escape of the two. |
D | Principal to murder, since he acted in conspiracy with Zeno and Primo. |
Question 3 |
A | None, as it is a case of entrapment |
B | Unlawful arrest |
C | Complex crime of incriminating an innocent person with unlawful arrest |
D | Incriminating an innocent person |
Question 4 |
X draws a check upon request of Y, the payee, who told X that he would merely show the check to his creditor to gain more time to pay his account. The check bounced upon presentation by the creditor. Under the circumstances, who can be prosecuted for estafa based on the dishonored check?
A | Both X and Y based on conspiracy |
B | X as the drawer of the check |
C | Y as the one who negotiated the check contrary to the agreement |
D | None |
Question 5 |
A | not liable since the police operation was an invalid instigation. |
B | liable for selling since the police operation was a valid form of instigation. |
C | liable for selling since the police operation was a valid entrapment. |
D | not liable for selling since the police operation was an invalid entrapment. |
Question 6 |
A | grave slander against the woman who started it and light slander against the other woman. |
B | two separate counts of light slander, one for each woman. |
C | one count of grave slander against the woman who uttered the more insulting expressions. |
D | two separate counts of grave slander, one against each of them. |
Question 7 |
A | entered the house using false keys. |
B | although armed did not fire their weapons. |
C | although armed took property valued at only P200. |
D | entered through a window without breaking it. |
Question 8 |
A | increases the penalty to its maximum period. |
B | affects the imposable penalty, depending on other modifying circumstances. |
C | automatically reduces the penalty. |
D | changes the gravity of the offense. |
Question 9 |
A | No, since X’s article constitutes privileged communication. |
B | No, since X but made a fair commentary on a matter of public interest. |
C | Yes, since the article was libelous and inconsistent with good faith and reasonable care. |
D | No, since he wrote his article under the freedom enjoyed by the press. |
Question 10 |
A | Utterance of statements irritating or obnoxious to the ears of the police officers. |
B | Speeches extolling communism and urging the people to hold a national strike and paralyze commerce and trade. |
C | Speeches calling for resignation of high government officials. |
D | Leaders of jeepney and bus associations shouting “Bukas tuloy ang welga hanggang sa magkagulo na!” |
Question 11 |
A | Commercial Attache of a foreign country |
B | Ministers Resident |
C | Ambassador |
D | Chiefs of Mission |
Question 12 |
A | No, since malice is not evident. |
B | No, since pleadings filed in court are absolutely privileged. |
C | Yes, parties must state the truth in their pleadings. |
D | Yes, given the fact that the imputation of fraud was baseless. |
Question 13 |
A | provided no help, when he can, to save the victim from dying. |
B | helped the murderer find the victim who was hiding to avoid detection. |
C | watched quietly as the murderer stabbed his victim. |
D | agreed to serve as a lookout after his companions decided to murder the victim. |
Question 14 |
A | other deceits. |
B | occupation or usurpation of personal property. |
C | theft. |
D | civil damages only. |
Question 15 |
A | It is exculpatory. |
B | The imposable penalty will depend on what was not returned. |
C | It is inculpatory, an admission of the commission of the crime. |
D | It is mitigating. |
Question 16 |
A | exempts the offender from criminal liability whatever the circumstances. |
B | may be presumed from the offender’s previous behavior. |
C | may be mitigating if its presence becomes apparent subsequent to the commission of the crime. |
D | is in the nature of confession and avoidance. |
Question 17 |
A | private individuals who executed the same. |
B | any public officer. |
C | a public officer officially entrusted with the document. |
D | private individuals. |
Question 18 |
Ana visited her daughter Belen who worked as Caloy’s housemaid. Caloy was not at home but Debbie, a casual visitor in the house, verbally maligned Belen in Ana’s presence. Irked, Ana assaulted Debbie. Under the circumstances, dwelling is NOT regarded as aggravating because
A | Belen, whom Debbie maligned, also dwells in the house. |
B | Dwelling did nothing to provoke Ana into assaulting Debbie. |
C | Debbie is not a dweller of the house. |
D | Caloy, the owner of the house, was not present. |
Question 19 |
A | mother-in-law and daughter-in-law. |
B | stepfather and stepson. |
C | adopted son and legitimate natural daughter. |
D | aunt and nephew. |
Question 20 |
A | the act is criminal and punished under and pursuant to common law. |
B | there is a crime for as long as the act is inherently evil. |
C | crime is a product of the law. |
D | the act is criminal at the time of its commission and recognized as such at the time of its commission but the penalty therefor is prescribed in a subsequently enacted law. |
Question 21 |
A | X may plead aberratio ictus as he had no intention to hit Z. |
B | X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim. |
C | X may plead praetor intentionem since he intended only to scare, not kill Z. |
D | X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he fired his gun. |
Question 22 |
A | Evident premeditation. |
B | Abuse of superior strength |
C | Treachery |
D | None |
Question 23 |
A | the owner of property sells a property and subsequently rescinds the sale. |
B | the real property subject of the sale does not exist. |
C | the owner disposes of his encumbered real property as if it is free from encumbrances. |
D | the property was mortgaged for a usurious contract of loan. |
Question 24 |
A | dolo. |
B | quasi delict. |
C | culpa. |
D | tortious crimes. |
Question 25 |
A | Homicide, since he knew that stabbing a person in the heart is fatal. |
B | Homicide with incomplete self-defense, since he could have run from his aggressors. |
C | No crime, since he needed to repel the aggression, employing reasonable means for doing so. |
D | Homicide mitigated by incomplete self-defense, since stabbing a person to the heart is excessive. |
Question 26 |
A | prosecuted still since the offended party has a vested interest in the repealed law. |
B | dismissed without any precondition. |
C | dismissed provided the accused is not a habitual delinquent. |
D | prosecuted still since the charge was valid when filed. |
Question 27 |
A | mitigating vindication of grave offense. |
B | battered woman syndrome, a complete self-defense. |
C | incomplete self-defense. |
D | mitigating passion and obfuscation. |
Question 28 |
A | Homicide. |
B | None since he killed her under exceptional circumstances. |
C | Parricide. |
D | None since he acted under a mistake of fact. |
Question 29 |
A | No, since the imputation is not related to the duties of a judge. |
B | No, since Sam imputes the commission of a crime to Judge Odon. |
C | Yes, since truth can be a valid defense in libel. |
D | No, since Sam does not impute a crime to Judge Odon. |
Question 30 |
A | complete blindness. |
B | a severed right hand. |
C | being deaf mute and dumb. |
D | a severed leg. |
Question 31 |
A | Robbery and arson since arson took place as an incident of the robbery. |
B | Just for robbery since he only agreed to it and served as lookout. |
C | Robbery and arson since C took no step to stop the arson. |
D | Accomplice to robbery since his role in the crime was minimal. |
Question 32 |
A | the accused raping his victim in extreme state of passion. |
B | the mother killing her 2-day old child to conceal her dishonor. |
C | the accused surrendering the weapon he used in his crime to the authorities. |
D | the accused committing theft out of extreme poverty. |
Question 33 |
X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X of libel. Does Y need to prove the element of malice in the case?
A | Yes, since malice is not presumed in libel. |
B | No, since malice is self-evident in the letter. |
C | Yes, malice is not presumed since X wrote the letter to the presiding judge who has a duty to act on what it states. |
D | No, since malice is presumed with respect to defamatory imputations. |
Question 34 |
A | lack of motive precludes conviction. |
B | the motive of an offender is absolutely immaterial. |
C | motive is material only where there is no evidence of criminal intent. |
D | lack of motive can result in conviction where the crime and the accused's part in it are shown. |
Question 35 |
Dr. Chow, a government doctor, failed to submit his Daily Time Record (DTR) from January to March 2000 and did not get approval of his sick leave application for April because of evidence that he was actually moonlighting elsewhere. Thus, the medical Director caused the withholding of his salary for the periods in question until he submitted his DTRs in May 2000. Can Dr. Chow prosecute the medical director for causing him undue injury in violation of the Anti-Graft and Corrupt Practices Act?
A | Yes, since the medical Director acted with evident bad faith. |
B | Yes, since his salary was withheld without prior hearing. |
C | No, since the medical director has full discretion in releasing the salary of government doctors. |
D | No, since Dr. Chow brought it upon himself, having failed to submit the required DTRs. |
Question 36 |
A | as a principal to the crime of obstruction of justice. |
B | as a principal to the crime of robbery. |
C | as an accessory to the crime of robbery. |
D | as an accessory to the crime of obstruction of justice. |
Question 37 |
A | Robbery in an inhabited house or public building. |
B | Robbery in an uninhabited place or in a private building |
C | Qualified theft |
D | Theft |
Question 38 |
A | an accomplice in violation of the Anti-Hazing Law. |
B | a principal in violation of the Anti-Hazing Law. |
C | a principal in violation of the Anti-Torture Act. |
D | as accomplice in violation of the Anti-Torture Act. |
Question 39 |
A | above 15 years but below 18 acting without discernment. |
B | 15 years and below acting without discernment. |
C | below 18 years acting with discernment. |
D | 18 years old at the time of the commission of the crime acting with discernment. |
Question 40 |
A | Arson with murder as a compound crime |
B | Separate crimes of murder and arson |
C | Arson, the homicide being absorbed already |
D | Murder, the arson being absorbed already |
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2011 Bar Exams - Criminal Law [Questions 41 - 75]
Question 1 |
A | The check, drawn and issued in the Philippines, was dishonored by the drawee bank in a foreign country. |
B | The check was returned unpaid with stamp “stop payment,” although the drawer’s deposit was sufficient. |
C | The check was presented to the bank for payment 6 months after the date of issue. |
D | The drawer of the dishonored check paid its value within 5 days from notice of dishonor. |
Question 2 |
A | on a banca far out at sea. |
B | in a partly occupied condominium building. |
C | in a house located in cul de sac. |
D | in a dark alley in Tondo. |
Question 3 |
A | is one which applies only in conjunction with another aggravating circumstance. |
B | raises the penalty by two periods higher. |
C | increases the penalty to its next degree but absorbs all the other aggravating circumstances. |
D | changes the description and the nature of the offense. |
Question 4 |
A | requires another act to result in a felony. |
B | itself constitutes an offense. |
C | must not be connected to the intended crime. |
D | must seem connected to the intended crime. |
Question 5 |
A | No, since it took too long for death to occur. |
B | Yes, since E cannot be compelled to undergo medical treatment. |
C | No, since kicks on the body cannot cause death. |
D | Yes, since it was a natural result of the injuries X inflicted on E.
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Question 6 |
A | complete self-defense. |
B | incomplete self-defense preceded by undue provocation. |
C | passion or obfuscation. |
D | praeter intentionem. |
Question 7 |
A | made up of 2 or more crimes defined in the Penal Code. |
B | made up of 2 or more crimes defined in the Penal Code and special penal laws. |
C | with its own definition and special penalty provided by a special penal law. |
D | with its own definition and special penalty provided by the Penal Code. |
Question 8 |
A | Illegal possession of firearms. |
B | Attempted direct assault. |
C | Conspiracy to commit indirect assault. |
D | Conspiracy to commit direct assault. |
Question 9 |
The accused was shocked to discover his wife and their driver sleeping in the master’s bedroom. Outraged, the accused got his gun and killed both. Can the accused claim that he killed the two under exceptional circumstances?
A | Yes, since the scene shows that they had an intimate relationship. |
B | Yes, since the wife and their driver desecrated the marital bed. |
C | No, since the accused did not catch them while having sexual intercourse. |
D | No, since the accused had time to reflect when he got his gun. |
Question 10 |
A | rebellion. |
B | treason. |
C | espionage. |
D | piracy. |
Question 11 |
A | The offender receives a gift by himself or through another. |
B | The offender is a public officer. |
C | The offender takes a gift with a view to committing a crime in exchange. |
D | The act which the offender agrees to perform or which he executes is connected with his official duties. |
Question 12 |
A | It has no effect at all since the law provides none. |
B | This serves as aggravating circumstance of concealment of weapon. |
C | He is considered to have confessed to murder. |
D | This serves as an analogous mitigating circumstance of voluntary surrender. |
Question 13 |
A | Violation of the Child Abuse Law |
B | Corruption of minors under the Penal Code |
C | Violation of the Child Pornography Act |
D | None |
Question 14 |
A | rebellion. |
B | robbery. |
C | homicide. |
D | misprision of treason. |
Question 15 |
A | complex crime proper. |
B | continuing crime. |
C | compound crime. |
D | special complex crime. |
Question 16 |
A | whether the offender is liable as an accomplice. |
B | the correct penalty for crimes committed through reckless imprudence. |
C | what stage of the felony has been reached. |
D | if certain crimes committed on the same occasion can be complexed. |
Question 17 |
A | attempted bribery. |
B | no crime. |
C | consummated bribery. |
D | frustrated bribery. |
Question 18 |
A | his wife for having raped another woman. |
B | the rape victim’s husband. |
C | the rape victim herself. |
D | the offender’s wife who herself is the rape victim. |
Question 19 |
A | 4 battering episodes. |
B | 3 battering episodes. |
C | 5 battering episodes. |
D | 2 battering episodes. |
Question 20 |
Deeply enraged by his wife’s infidelity, the husband shot and killed her lover. The husband subsequently surrendered to the police. How will the court appreciate the mitigating circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary surrender that the husband invoked and proved?
A | It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstance and vindication of a grave offense as another. |
B | It will appreciate all three mitigating circumstances separately. |
C | It will appreciate the three mitigating circumstances only as one. |
D | It will appreciate passion or obfuscation and vindication of a grave offense as just one mitigating circumstance and voluntary surrender as another. |
Question 21 |
A | defense of honor. |
B | self-defense. |
C | immediate vindication of a grave offense. |
D | passion or obfuscation. |
Question 22 |
A | M killed R who slandered his wife. |
B | P severely maltreats S, a septuagenarian, prompting the latter to kill him. |
C | X kills Y who attempted to rape X’s wife. |
D | Following the killing of his adopted brother, P went to the place where it happened and killed S whom he found there. |
Question 23 |
A | several offenders committed the crime but the court wants to ascertain which of them acted as leader. |
B | the evidence of the crime consists of both direct and circumstantial evidence. |
C | ascertaining the degree of penalty that may be imposed on the offender. |
D | the evidence of guilt of the accused is circumstantial. |
Question 24 |
A | Murder if she deliberated on her action. |
B | Giving Assistance to Suicide. |
C | Euthanasia. |
D | Homicide. |
Question 25 |
A | The Philippine court. |
B | The Russian court. |
C | The Indonesian court. |
D | Any court that first asserts jurisdiction over the case. |
Question 26 |
A | medical malpractice. |
B | complex crime of reckless imprudence resulting in serious physical injuries. |
C | serious physical Injuries thru reckless imprudence. |
D | reckless imprudence resulting in murder. |
Question 27 |
A | his minority is setoff by some aggravating circumstance. |
B | he is found to have acted with discernment. |
C | he is proved to be 18 years or older. |
D | he forfeits such rights by gross misconduct and immorality. |
Question 28 |
A | malicious mischief. |
B | malicious mischief with the alternative mitigating circumstance of relationship. |
C | the civil damage he caused. |
D | malicious mischief with the alternative aggravating circumstance of relationship. |
Question 29 |
A | No, because the bystanders had nothing to do with the abandoned truck on the road. |
B | Yes, since the instinct of self-preservation takes priority in an emergency. |
C | Yes, since the bystanders should have kept off the shoulder of the road. |
D | No, because the injury done is greater than the evil to be avoided. |
Question 30 |
A | discovery of the second marriage by the offended spouse. |
B | registration of the second marriage in the Local Civil Registry. |
C | discovery of the second marriage by the authorities. |
D | celebration or solemnization of the second marriage. |
Question 31 |
A | grave coercion. |
B | frustrated kidnapping. |
C | attempted kidnapping. |
D | forcible abduction. |
Question 32 |
A | Crime committed by a Filipino in the disputed Spratly's Island. |
B | Plunder committed at his place of assignment abroad by a Philippine public officer. |
C | Forgery of US bank notes committed in the Philippines. |
D | Violation of the Trademark Law committed by an alien in the Philippines. |
Question 33 |
A | to vote in a plebiscite. |
B | to be elected to a public office. |
C | to vote in any popular election for a public office. |
D | to hold any public office. |
Question 34 |
A | No because the infliction of injury was not the immediate cause of the death. |
B | No because the delay in the administration of the medical treatment was an intervening cause. |
C | es because the delay did not break the causal connection between X's felonious act and the injuries sustained by Y. |
D | Yes because any intervening cause between the infliction of injury and death is immaterial. |
Question 35 |
A | rebellion. |
B | espionage. |
C | highway robbery. |
D | sedition. |
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