Midterm Examinations

CRIMINAL LAW AND PROCEDURES

October 9, 2017

NAME : ______________________________________________
SIGNATURE : ______________________________________________
SECTION : ______________________________________________

INSTRUCTIONS

1. This Questionnaire contains 11 pages including this Instructions page.

Check the number of pages and the page numbers at the lower right
hand corner of each page of this Questionnaire and make sure it has
the correct number of pages.

2. This Questionnaire sheet has 3 parts with a total of 65 Questions to be

answered within three (3) Hours.
a. PART I has 50 MULTIPLE CHOICE QUESTIONS (MCQs).
b. PART II has 5 ENUMERATION Questions.
c. PART III has 10 ESSAY.

3. The Questions are worth 100 Points of the whole examination.

4. Your answers to the MCQs should be written on the Questionnaire Sheet

by ENCIRCLING the letter which you deem as the correct answer.

5. The answers to PART II (ENUMERATIONS) and PART II (ESSAY) questions

should be written on separate sheets. Write your answers only on the
front, not the back page of your Answer Sheet.

6. Read each question very carefully and write your answers in the same
order the questions are posed.

7. Note well the allocated POINTS for each number or question. In your
answers, use the numbering system in the questionnaire. A Yes or No
answer without explanation does not carry any point.

8. Answer all questions legibly, clearly and concisely.

9. After answering all the questions, please hand over the ANSWER SHEETS
to the instructor or proctor assigned in your room.

GOODLUCK!

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 PART I
50 MULTIPLE CHOICE QUESTIONS
(One Point for Each Correct Answer)

1. Where the act of a person is in accordance with law, such person is

deemed not to have violated the law.

A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance

2. Grounds for exception from punishment because there is wanting in the

agent of the crime any of the conditions which make the act voluntary or
negligent.

A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance

3. One while advanced in age has a mental development comparable to

that of children between 2 and 7 years old. He is exempt in all cases from
criminal liability.

A. Insane
B. Imbecile
C. Stupid
D. None of the Above

4. One who acts with complete deprivation of intelligence or reason or

without the least discernment or with total deprivation of freedom of will.

A. Insane
B. Imbecile
C. Stupid
D. None of the Above

5. Offender uses violence or physical force to compel another person to

commit a crime.

A. Irresistible Force
B. Uncontrollable Fear
C. Duress
D. None of the Above

6. Offender employs intimidation or threat in compelling her to commit a

crime.

A. Irresistible Force
B. Uncontrollable Fear
C. Duress
D. None of the Above

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7. Mental capacity to fully appreciate the consequences of the unlawful act.

A. Motive
B. Intent
C. Discernment
D. None of the Above

8. Actus Me Invito Factus Non Est Meus Actus means

A. Any act done by me against my will is not my act

B. No intent to commit so grave a wrong
C. He who is the cause of the cause is the cause of the evil caused
D. None of the Above

9. Some motive which has lawfully, morally, or physically prevented a person

to do what the law commands.

A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above

10. Where the act committed is a crime but for some reason of public policy
and sentiment, there is no penalty imposed.

A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
D. None of the Above

11. Those which if present in the commission of the crime reduces the penalty
of the crime but does not erase criminal liability nor change the nature of
the crime.

A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
D. Exempting circumstance

12. Any unjust or improper conduct or act of the offended party, capable of
exciting, inciting or irritating anyone.

A. Provocation
B. Vindication
C. Passion
D. Obfuscation

13. Those which, if attendant in the commission of the crime, serve to have
the penalty imposed in its maximum period provided by law for the
offense or those that change the nature of the crime.

A. Justifying circumstances

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 B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances

14. It is a kind of aggravating circumstance which apply to all crimes.

A. Generic aggravating circumstance

B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

15. A kind of aggravating circumstance that change the nature of the crime.

A. Generic aggravating circumstance

B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

16. A kind of aggravating circumstance which of necessity accompany the

commission of the crime.

A. Generic aggravating circumstance

B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance

17. A kind of aggravating circumstance which arise under special conditions

to increase the penalty of the offense and cannot be offset by mitigating
circumstances.

A. Generic aggravating circumstance

B. Special aggravating circumstance
C. Inherent aggravating circumstance
D. Qualifying aggravating circumstance

18. In Criminal Law, nighttime as an aggravating circumstance is also referred

to as

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

19. In Criminal Law, uninhabited place as an aggravating circumstance is

known as

A. Obscuridad
B. Despoblado
C. Encuadrillia
D. None of the Above

20. In Criminal Law, Band to be considered aggravating

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 A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men

21. En Cuadrillia means

A. Uninhabited place
B. Band
C. Nighttime
D. None of the Above

22. One who at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title
of the RPC.

A. Recidivist
B. Habitual delinquent
C. Quasi-recidivist
D. None of the Above

23. All of the following except one is a person in authority.

A. Barangay Chairman
B. Barangay Tanod
C. Mayor
D. Governor

24. Where the offender has been previously punished for an offense to which
the law attaches an equal or greater penalty or for two crimes to which it
attaches a lighter penalty. This generic aggravating circumstance is
known as

A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism

25. Reiteracion means

A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism

26. Where a person within a period of ten years from the date of his release
or last conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa, or falsification, is found guilty of the said crimes a
third time or oftener. This extra ordinary aggravating circumstance is
known as

A. Recidivism
B. Habitual delinquency

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 C. Reiteracion
D. Quasi-recidivism

27. Where a person commits felony before beginning to serve or while serving
on a previous conviction for a felony. This special aggravating
circumstance is known as

A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism

28. This aggravating circumstance involves the use of intellectual trickery or

cunning on the part of the accused.

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

29. This aggravating circumstance involves the use of insidious words or

machinations to induce the victim to act in a manner which would enable
the offender to carry out his design.

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

30. This aggravating circumstance involves resorting to any device to

conceal identity.

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

31. Astucia means

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

32. Disfraz means

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

33. When the offender commits any of the crimes against the person,
employing means, methods or forms in the execution thereof which tend

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 directly and specially to insure its execution without risk to himself arising
from the defense which the offended party might make.

A. Evident Premeditation
B. Astucia
C. Disfraz
D. Treachery

34. A Circumstance pertaining to the moral order which adds disgrace and
obloquy to the material injury caused by the crime.

A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad

35. This Aggravating Circumstance is present when the culprit enjoys and
delights in making his victim suffer slowly and gradually, causing
unnecessary physical pain in the consummation of the criminal act.

A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz

36. Which of the following is not one of the three types of principals?

A. Principal by Direct Participation

B. Principal by Induction
C. Principal by Indispensable Cooperation
D. None of the Above

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

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

38. A Person received and used property from another, knowing it was stolen.
This is an example of a

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

39. Placing a weapon in the hand of the dead who was unlawfully killed to
plant evidence or burying the deceased who was killed by the
mastermind. This is an example of

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 A. A Principal
B. An Accomplice
C. An Accessory
D. None of the Above

40. One of the following accessory is not exempt from criminal liability.

A. When the Principal is his Spouse

B. When the Principal is his Ascendant
C. When the Principal is his Descendant
D. None of the Above

41. A Theory of justifying penalty to prevent or suppress the danger to the

state arising from the criminal act of the offender.

A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity

42. A Theory justifying penalty so as to protect society from the threat and
wrong inflicted by the criminal.

A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice

43. A Legislative Act which inflicts punishment without trial.

A. Bill of Attainder
B. Ex Post Facto Law
C. Republic Act
D. None of the Above

44. Which of the following is not an Ex Post Facto Law?

A. A Law which makes criminal an act done before the passage of

the law and which was innocent when done.
B. A Law which aggravates a crime or makes it greater than it was
when committed.
C. A Law which changes the punishment and inflicts a greater
punishment than the law annexed to the crime when committed.
D. None of the Above

45. Age of absolute irresponsibility in the commission of a crime.

A. 15-18 years old

B. 18-70 years old
C. 9 years old and below
D. between 9 & 15 years old

46. Deliberate planning of act before execution.

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 A. Treachery
B. Evident premeditation
C. Ignominy
D. Cruelty

47. Ways and means are employed for the purpose of trapping and capturing
the law breaker in the execution of his criminal plan.

A. Misfeasance
B. Entrapment
C. Inducement
D. Instigation

48. Those where the act committed is a crime but for reasons of public policy
and sentiment there is no penalty imposed.

A. Impossible crimes
B. Aggravating circumstances
C. Absolutory causes
D. Complex crimes

49. An alternative circumstance.

A. Insanity
B. Intoxication
C. Passion or obfuscation
D. Evident premeditation

50. An act or omission which is a result of a misapprehension of facts that is

voluntary but not intentional.

A. impossible crime
B. mistake of facts
C. accidental crime
D. complex crime

PART II
ENUMERATION

1. What are the circumstances affecting criminal liability and define each? -
14 Points

2. What are the requisites of selfdefense? (3 Points)

3. State 2 Exempting Circumstances? (2 Points)

4. What is the minimum age, the criminal liability and the treatment when a
minor is in conflict with the law? (9 Points)

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 5. An unwed mother killed her child in order to conceal a dishonor. Explain
what circumstance/s could the mother invoke to lower her liability? (2
Points)

PART III
ESSAY

1. One night, Lina, a young married woman, was sound asleep in her bedroom
when she felt a man on top of her. Thinking it was her husband Tito, who came
home a day early from his business trip, Lina let him have sex with her. After the
act, the man said, "I hope you enjoyed it as much as I did." Not recognizing
the voice, it dawned upon Lina that the man was not Tito, her husband.
Furious, Lina took out Tito's gun and shot the man. Charged with homicide, Lina
denies culpability on the ground of defense of honor. Is her claim tenable? (2
Points)

2. If the person being defended is a second cousin, can defense of relative be

invoked? Explain (2 Points)

3. Lucresia, a store owner, was robbed of her bracelet in her home. The following
day, at about 5 o'clock in the afternoon, a neighbor, 22year old JunJun, who
had an unsavory reputation, came to her store to buy bottles of beer. Lucresia
noticed her bracelet wound around the right arm of JunJun. As soon as the
latter left, Lucresia went to a nearby police station and sought the help of a
policeman on duty, Pat. Willie Reyes. He went with Lucresia to the house of
JunJun to confront the latter. Pat Reyes introduced himself as a policeman
and tried to get hold of JunJun who resisted and ran away. Pat Reyes chased
him and fired two warning shots in the air JunJun continued to run and when
he was about 7 meters away. Pat. Reyes shot him in the right leg. JunJun was
hit and he fell down but he crawled towards a fence, intending to pass
through an opening underneath. When Pat. Reyes was about 5 meters away,
he fired another shot at JunJun hitting him at the right lower hip. Pat Reyes
brought JunJun to the hospital, but because of profuse bleeding, he
eventually died. Pat. Reyes was subsequently charged with homicide. During
the trial, Pat. Reyes raised the defense, by way of exoneration, that he acted
in the fulfillment of a duty. Is the defense tenable? Explain. (2 Points)

4. Baculi, who was not a member of the band which murdered some American
school teachers, was in a plantation gathering bananas. Upon hearing the
shooting, he ran. However, Baculi was seen by the leaders of the band who
called him, and striking him with the butts of their guns, they compelled him to
bury the bodies. Is he liable as an accessory to the crime of crime? (2 Points)

5. The evidence on record shows that at the time the ransom money was to be
delivered, appellants Arturo Malit and Fernando Morales, unaccompanied by
any of the other accused, entered the van wherein Feliciano Tan was. At
that time, Narciso Saldaa, Elmer Esguerra and Romeo Bautista were waiting
for both appellants from a distance of about one (1) kilometer. Is their
defense of uncontrollable fear tenable? (2 Points)

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6. Is a minor offender entitled to a privilege mitigating circumstance of minority
under R.A. 9165 (The Comprehensive Dangerous Drugs Act of 2002)? State the
general rule and its exception. (2 Points)

7. Why does the law require that provocation must be immediate to the act,
i.e., to the commission of the crime by the person who is provoked? (2 Points)

8. Upon learning that the police wanted him for the killing of Polistico, Jeprox
decided to visit the police station to make inquiries. On his way, he met a
policeman who immediately served upon him the warrant for his arrest. During
the trial, in the course of the presentation of the prosecutions evidence,
Jeprox withdrew his plea of not guilty. Can he invoke the mitigating
circumstances of voluntary surrender and plea of guilty? Explain. (2 Points)

9. In 1975, the offender committed robbery. While the same was being tried in
1978, he committed theft. In 1980, he was convicted of theft and he did not
appeal this decision. The trial for robbery ended in 1981. May the judge in
imposing the penalty for robbery consider the accused a recidivist considering
that he was already convicted in 1980 for the crime of theft which is under the
same title of the Revised Penal Code as that of robbery? (2 Points)

10. When is a motor vehicle considered as an aggravating circumstance and

when it is not? (2 Points)

-end-

PREPARED BY:

Instructor L Dayoja

APPROVED

RAMON GEORGE O. ATENTO

Dean, CBA

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