Exam (elaborations) TEST BANK FOR CRIMINAL LAW, PROCEDURE AND EVIDENCE Walter P. Sagnorelli (CRIMINAL JURISPRUDENCE AND PROCEDURE)

I. CRIMINAL LAW (RPC BOOK I) 1. Which among the following is not a source of Philippine criminal law? a. Act No. 3815 and its amendments b. Special penal laws passed by the Phil. Commission, Phil. Legislature, National Assembly, Batasang Pambansa, Phil. Assembly and the Congress of the Philippines. c. Penal Presidential Decrees issued during Martial Law. d. None of the above 2. They are bodies of usages, principles and rules of action which do not rest for their authority upon any declarative will of the legislature. It is recognized in the United States and England but not recognized under Philippine jurisdiction. a. Penal laws c. Common Laws b. Special penal laws d. None of the foregoing 3. This deprives the accused of a crime some lawful protection to which he has become entitled. a. Common law c. Ex-post facto law b. Special law d. Bill of attainder 4. The constitution expressly prohibits the passage of a bill of attainder primarily because: a. It is a substitute, a legislative act for a judicial determination of guilt b. It is unconstitutional c. It is a violation of human rights d. It encroaches upon the power of the. Judiciary by the Congress 5. They are not considered as a source of criminal law due to the fact that they merely explain the meaning of and apply the law as enacted by the legislature. a. Revised Penal Code c. Court decisions b. Special Penal laws d. Executive orders 6. It cannot be recovered as a matter of right; and is discretionary upon the court to be part of the civil liability when a crime was committed with one or more aggravating circumstances. a. Actual damages c. Moral damages b. Nominal damages d. Exemplary damages 7. Civil indemnity for death caused by crime. a. 30,000 c. 100,000 b. 50,000 d. 500,000 8. When rape is committed and the victim was killed, the mandatory civil indemnification shall be. a. 30,000 c. 100,000 b. 50,000 d. 500,000 9. In case of physical injuries it would consist in the payment of hospital bills and doctor’s fee of the offended party. a. Restitution c. Indemnification b. Reparation d. Civil liability 10. Which among the following may totally extinguish criminal liability? a. Absolute pardon c. Amnesty b. Service of sentence d. All of these 2 11. It consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been made. a. Plurality of crimes c. Complex crimes b. Formal crimes d. None of the above 12. Jemma who induced Eric a friend to kill her husband’s mistress is criminally liable as: a. Principal c. Accomplice b. Accessory d. None of the above 13. In crimes against chastity this would be always aggravating. a. Degree of education c. Alcoholism b. Mental condition d. Relationship 14. Its basis is the greater perversity of the offender as manifested by personal circumstance of the offender and also by the means used to secure the commission of the crime. a. That advantage be taken by the offender of his public position. b. That crime be committed in contempt of or with insult to the public authorities. c. That act be committed with abuse of confidence or obvious ungratefulness d. All of the above 15. It means adequate to excite a person to commit a wrong and must accordingly be proportionate to its gravity. a. Self defense c. Unlawful aggression b. Sufficient provocation d. Necessity to prevent a wrong 16. Under this, crimes are not triable in that country unless they merely affect things within the vessel or they refer to the internal management thereof. a. French rule c. Law of preferential application b. English rule d. Spanish rule 17. It refers to inaction, by which a person may be considered criminally liable when the law requires the performance of a certain act, e.g. failure to assist one’s own victim. a. Act c. Fraud b. Intent d. Omission 18. It indicates a deficiency of action. a. Negligence c. Lack of skill b. Imprudence d. Lack of foresight 19. It refers to deficiency of perception. a. Negligence c. Lack of skill b. Imprudence d. Lack of foresight 20. For an act to be considered to be done with Malice or dolo, which among the following must be present? a. Freedom c. Intent b. Intelligence d. All of the foregoing 21. Refers to that cause which in natural is a continuous sequence, unbroken by any efficient superseding ground, produces the injury and without which the result would not have occurred. a. Proximate cause c. Overt acts 3 b.