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