Criminal Law and Jurisprudence Book 2 By Charlemagne James P. Ramos

1. QUESTION AND ANSWER IN CRIMINAL LAW AND JURISPRUDENCE BOOK 2 SET 1 By: Charlemagne James P. Ramos

2. 1. Intod intended to kill Intoy, peppered the house of Intoy with bullets, but since the intended victim was not at home at the time no harm came to intoy. What is the crime committed by Intod? A. Malicious Mischief B. Impossible crime C. Reckless imprudence resulting to Damage to property D. Attempted Homicide

3. 1. Intod intended to kill Intoy, peppered the house of Intoy with bullets, but since the intended victim was not at home at the time no harm came to intoy. What is the crime committed by Intod? A. Malicious Mischief B. Impossible crime C. Reckless imprudence resulting to Damage to property D. Attempted Homicide

4. 2. Amiril a Moro, with five wives who are all living with him, kills by means of poison his second wife married by him is liable for? A. Parricide B. Homicide C. Murder D. No criminal liability

5. 2. Amiril a Moro, with five wives who are all living with him, kills by means of poison his second wife married by him is liable for? A. Parricide B. Homicide C. Murder D. No criminal liability

6. 3. The following are crimes classified as physical injuries EXCEPT: A. Abortion B. Mutilation C. Serious physical injuries D. Maltreatment

7. 3. The following are crimes classified as physical injuries EXCEPT: A. Abortion B. Mutilation C. Serious physical injuries D. Maltreatment

8. 4. The following are elements of abortion practiced by the woman herself or by her parents: I. There is a pregnant woman who suffered an abortion II. The abortion is intended III. It is caused by the woman itself IV. It is cause by any other person, with her consent A. I,II,III,IV C. I,III,IV B. I,II,IV D. I, II, III

9. 4. The following are elements of abortion practiced by the woman herself or by her parents: I. There is a pregnant woman who suffered an abortion II. The abortion is intended III. It is caused by the woman itself IV. It is cause by any other person, with her consent A. I,II,III,IV C. I,III,IV B. I,II,IV D. I, II, III

10. 5. The following are crimes against public order EXCEPT: A. Alarms and scandal B. Illegal association C. Usurpation of authority D. Evasion of service of sentence

11. 5. The following are crimes against public order EXCEPT: A. Alarms and scandal B. Illegal association C. Usurpation of authority D. Evasion of service of sentence

12. 6. The act of diminishing, by ingenious mean, the metal content in the coin may give birth to an accusation called? A. Uttering false coins B. mutilation of coin C. Falsification D. Forgery

13. 6. The act of diminishing, by ingenious mean, the metal content in the coin may give birth to an accusation called? A. Uttering false coins B. mutilation of coin C. Falsification D. Forgery

14. 7. Janeth Lim Napoles in connivance with the other senators and persons, amasses, accumulates or acquires ill‐gotten wealth through combination of series of overt and criminal acts of 200,000,000 Pesos. What is the minimum aggregate amount of the ill‐ gotten wealth in order for Janeth Lim Napoles be held guilty for the crime of Plunder? A. 200,000,000 Pesos B. 100,000,000 Pesos C. 50,000,000 Pesos D. 30,000,000 Pesos

15. 7. Janeth Lim Napoles in connivance with the other senators and persons, amasses, accumulates or acquires ill‐gotten wealth through combination of series of overt and criminal acts of 200,000,000 Pesos. What is the minimum aggregate amount of the ill‐ gotten wealth in order for Janeth Lim Napoles be held guilty for the crime of Plunder? A. 200,000,000 Pesos B. 100,000,000 Pesos C. 50,000,000 Pesos D. 30,000,000 Pesos

16. 8. Robin has in his possession a firearm, unfortunately robin overlaps the date that his license should be register then and there resulting to the expiration of his license to posses’ firearm. Could Robin be held liable for Illegal Possession of Firearm? A. Yes C. No B. It Depends D. Maybe

17. 8. Robin has in his possession a firearm, unfortunately robin overlaps the date that his license should be register then and there resulting to the expiration of his license to posses’ firearm. Could Robin be held liable for Illegal Possession of Firearm? A. Yes C. No B. It Depends D. Maybe

18. 9. During a town fiesta BF and GF were having a romantic moment. while walking together they meet the EX‐BF of GF who is still so in love with GF upon chance of crossing their way EX‐BF kiss and Smashed the neck of GF and utter words that he still love her. What crime did EX‐BF committed? A. Acts of Lasciviousness B. Attempted Rape C. Unjust Vexation D. Seduction

19. 9. During a town fiesta BF and GF were having a romantic moment. while walking together they meet the EX‐BF of GF who is still so in love with GF upon chance of crossing their way EX‐BF kiss and Smashed the neck of GF and utter words that he still love her. What crime did EX‐BF committed? A. Acts of Lasciviousness B. Attempted Rape C. Unjust Vexation D. Seduction

20. 10. A with intent to kill shot B using an unlicensed firearm as a result B died instantly. Now, future Criminologist what crime or crimes was committed by A? A. Homicide, the unlicensed firearm will be appreciated only as an aggravating circumstance B. Separate crime of Homicide and illegal possession of firearms under PD 1866 amended by RA 8294. C. Murder, the use of unlicensed fire will be appreciated as a qualifying aggravating circumstance. D. Separate crime of Murder and illegal possession of firearms under PD 1866 amended by RA 8294.

21. 10. A with intent to kill shot B using an unlicensed firearm as a result B died instantly. Now, future Criminologist what crime or crimes was committed by A? A. Homicide, the unlicensed firearm will be appreciated only as an aggravating circumstance B. Separate crime of Homicide and illegal possession of firearms under PD 1866 amended by RA 8294. C. Murder, the use of unlicensed fire will be appreciated as a qualifying aggravating circumstance. D. Separate crime of Murder and illegal possession of firearms under PD 1866 amended by RA 8294.

22. 11. A citizen who intellectually or emotionally favors the enemy and harbors sympathies or connections disloyal to his country’s interest or policy is guilty of ______ A. Adherence to the enemy B. misprision of treason C. Aid and comfort D. levying war

23. 11. A citizen who intellectually or emotionally favors the enemy and harbors sympathies or connections disloyal to his country’s interest or policy is guilty of ______ A. Adherence to the enemy B. misprision of treason C. Aid and comfort D. levying war

24. 12. Person directly vested with jurisdiction whether as individuals or as members of some court or government corporations, board or commission, are ________ A. persons in authority B. agents of persons in authority C. Constituted authorities D. pubic officers

25. 12. Person directly vested with jurisdiction whether as individuals or as members of some court or government corporations, board or commission, are ________ A. persons in authority B. agents of persons in authority C. Constituted authorities D. pubic officers

26. 13. In the case of Evasion of service of sentence, the person who escaped from prison must have been convicted by final judgment and is serving what? A. destierro C. penalty B. imprisonment D. banishment

27. 13. In the case of Evasion of service of sentence, the person who escaped from prison must have been convicted by final judgment and is serving what? A. destierro C. penalty B. imprisonment D. banishment

28. 14. A married man had sexual intercourse with another woman not his wife. The latter filed a case of concubinage against the paramour of her husband only. Will it that prosper? A. no C. it depends B. yes D. possible

29. 14. A married man had sexual intercourse with another woman not his wife. The latter filed a case of concubinage against the paramour of her husband only. Will it that prosper? A. no C. it depends B. yes D. possible

30. 15. Duterte hates Roxas because of his attitude, one day Roxas left his house not knowing that Duterte has been following his daily routine. Taking advantage of the situation Duterte burned the house of Roxas thereby sows and creates fear and panic among the populace. What crime was committed by Duterte? A. Arson C. Terrorism B. Qualified Arson D. Malicious Mischief

31. 15. Duterte hates Roxas because of his attitude, one day Roxas left his house not knowing that Duterte has been following his daily routine. Taking advantage of the situation Duterte burned the house of Roxas thereby sows and creates fear and panic among the populace. What crime was committed by Duterte? A. Arson C. Terrorism B. Qualified Arson D. Malicious Mischief

32. 17. In the preceding question what law Punishing acts which sows and creates fear and panic among the populace. A. RA 9372 B. RA 9344 C. RA 9346 D. PD 1613

33. 17. In the preceding question what law Punishing acts which sows and creates fear and panic among the populace. A. RA 9372 B. RA 9344 C. RA 9346 D. PD 1613

34. 17. Alden went to the house of his fiancée Maine who is 16 years old knowing that no one is in the house and waiting of that opportunity Alden promise to marry her, due to his promise he succeeded in having sexual intercourse with Maine. What crime was committed by Alden? A. Seduction B. Statutory rape C. Qualified seduction D. Abduction with rape

35. 17. Alden went to the house of his fiancée Maine who is 16 years old knowing that no one is in the house and waiting of that opportunity Alden promise to marry her, due to his promise he succeeded in having sexual intercourse with Maine. What crime was committed by Alden? A. Seduction B. Statutory rape C. Qualified seduction D. Abduction with rape

36. 18. Roxas, Binay and Duterte grabbed Mirriam who is only 17 years old then dragged her to their safehouse, then and there she was raped by Roxas, Binay and Duterte, what crime was committed by them if any? A. Forcible abduction with rape B. Grave threats with rape C. Kidnapping with rape D. Coercion with rape

37. 18. Roxas, Binay and Duterte grabbed Mirriam who is only 17 years old then dragged her to their safehouse, then and there she was raped by Roxas, Binay and Duterte, what crime was committed by them if any? A. Forcible abduction with rape B. Grave threats with rape C. Kidnapping with rape D. Coercion with rape

38. 19. A barangay chairman, without any legal except in strong suspicion that the number one police character in their area will commit a crime, detained the high risk suspect for 10 hours. Is there a crime committed? A. Illegal detention B. arbitrary detention C. Expulsion without legal ground D. none

39. 19. A barangay chairman, without any legal except in strong suspicion that the number one police character in their area will commit a crime, detained the high risk suspect for 10 hours. Is there a crime committed? A. Illegal detention B. arbitrary detention C. Expulsion without legal ground D. none

40. 20. Under our penal laws, is negligence and imprudence in itself a crime? A. possible C. it depends B. no D. yes

41. 20. Under our penal laws, is negligence and imprudence in itself a crime? A. possible C. it depends B. no D. yes

42. 21. In the crime of adultery, the offender is the married what? A. man C. paramour B. lover D. woman

43. 21. In the crime of adultery, the offender is the married what? A. man C. paramour B. lover D. woman

44. 22. The child and youth welfare code is what particular law? A. PD 603 C. RA 7610 B. RA 3815 D. PD 1866

45. 22. The child and youth welfare code is what particular law? A. PD 603 C. RA 7610 B. RA 3815 D. PD 1866

46. 23. While in the town fiesta dance, Jhun boy took Hitomi as his dance partner. Could not control himself because of the beauty of Hitomi and it was already the 3rd year since his wife went abroad, he tightly embraced Hitomi and smashed her neck. What crime if any was committed by Jhun boy? A. Immorality B. seduction C. unjust vexation D. Acts of lasciviousness

47. 23. While in the town fiesta dance, Jhun boy took Hitomi as his dance partner. Could not control himself because of the beauty of Hitomi and it was already the 3rd year since his wife went abroad, he tightly embraced Hitomi and smashed her neck. What crime if any was committed by Jhun boy? A. Immorality B. seduction C. unjust vexation D. Acts of lasciviousness

48. 24. In criminal law particularly in alarms and scandals, this means a mock serenade of discordant voices or sounds designed to deride or insult. It is called? A. Harana C. chorus B. charivari D. videoke

49. 24. In criminal law particularly in alarms and scandals, this means a mock serenade of discordant voices or sounds designed to deride or insult. It is called? A. Harana C. chorus B. charivari D. videoke

50. 25. Bimbi kills his illegitimate grandfather Aquino is liable for? A. Parricide B. Murder C. Homicide D. No criminal liability

51. 25. Bimbi kills his illegitimate grandfather Aquino is liable for? A. Parricide B. Murder C. Homicide D. No criminal liability

52. 26. It is committed by one who on the high seas or in Philippine waters shall attack or seize a vessel or not being a member of its complement or passengers, shall seize the whole or part of the cargo of said vessel, its equipment or personal belongings. A. Terrorism B. Robbery C. Piracy D. Mutiny

53. 26. It is committed by one who on the high seas or in Philippine waters shall attack or seize a vessel or not being a member of its complement or passengers, shall seize the whole or part of the cargo of said vessel, its equipment or personal belongings. A. Terrorism B. Robbery C. Piracy D. Mutiny

54. 27. James and Danga are best friends. To seal their mutual that “come agreement what may” they will help each other until death they sealed their covenant with their own blood. Frustrated because his sweetheart left him, Danga asked James to push him immediately before the train passes near their house and as a result, Danga died. However, before Danga died, he thanked his bestfriend James for a job well done. What is the crime committed? A. Assisted in killing B. Giving assistance to suicide C. Death under tumultuous affray D. No crime at all

55. 27. James and Danga are best friends. To seal their mutual that “come agreement what may” they will help each other until death they sealed their covenant with their own blood. Frustrated because his sweetheart left him, Danga asked James to push him immediately before the train passes near their house and as a result, Danga died. However, before Danga died, he thanked his bestfriend James for a job well done. What is the crime committed? A. Assisted in killing B. Giving assistance to suicide C. Death under tumultuous affray D. No crime at all

56. 28. Mendicancy law on the giving of small amounts of money to street beggars is a special law. When arrested for violating the said law, the suspect argued that he should not be held liable because his motive is not to violate the said law but to help the poor. Would you still charge criminally the man with a soft heart for the poor? A. no because the motive is good B. It depends C. never D. Yes

57. 28. Mendicancy law on the giving of small amounts of money to street beggars is a special law. When arrested for violating the said law, the suspect argued that he should not be held liable because his motive is not to violate the said law but to help the poor. Would you still charge criminally the man with a soft heart for the poor? A. no because the motive is good B. It depends C. never D. Yes

58. 29. RA 9346 also known as the “Law prohibiting the imposition of death penalty” was signed on ________ A. June 24, 2006 C. July 6, 2006 B. August 6, 2006 D. September 6, 2006

59. 29. RA 9346 also known as the “Law prohibiting the imposition of death penalty” was signed on ________ A. June 24, 2006 C. July 6, 2006 B. August 6, 2006 D. September 6, 2006

60. 30. Joime, a sexual pervert failed to have sex for a month. However, in order to preserve for his birthday his ‘manoy’ by sexually abusing Jessy, a losing candidate for Miss Barangay, he used his middle and ring fingers in penetrating the genitals of Jessy. What crime is there? A. Sodomy C. acts of lasciviousness B. No crime D. rape

61. 30. Joime, a sexual pervert failed to have sex for a month. However, in order to preserve for his birthday his ‘manoy’ by sexually abusing Jessy, a losing candidate for Miss Barangay, he used his middle and ring fingers in penetrating the genitals of Jessy. What crime is there? A. Sodomy C. acts of lasciviousness B. No crime D. rape

62. 31. This felony is characterized by a public and malicious imputation of a crime, or of a vice or defect real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. A. Incriminatory machination B. Oral defamation C. Libel D. Slander

63. 31. This felony is characterized by a public and malicious imputation of a crime, or of a vice or defect real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. A. Incriminatory machination B. Oral defamation C. Libel D. Slander

64. 32. In crimes against persons such as murder, homicide and parricide, the victim should die and there must be intent to kill. Which of the said crimes requires relationship between the victim and the perpetrator? A. Homicide C. parricide B. Murder D. none of these

65. 32. In crimes against persons such as murder, homicide and parricide, the victim should die and there must be intent to kill. Which of the said crimes requires relationship between the victim and the perpetrator? A. Homicide C. parricide B. Murder D. none of these

66. 33. A legitimate grandfather who kills his grandson who is three (3) days old is liable for? A. Parricide B. Homicide C. Infanticide D. Murder

67. 33. A legitimate grandfather who kills his grandson who is three (3) days old is liable for? A. Parricide B. Homicide C. Infanticide D. Murder

68. 34. The taking of personal property against the will of its owner and attended by violence against or intimidation of person or force over things is? A. Theft B. Coercion C. Estafa D. Robbery

69. 34. The taking of personal property against the will of its owner and attended by violence against or intimidation of person or force over things is? A. Theft B. Coercion C. Estafa D. Robbery

70. 35. JO1 Bantay, and JO2 Tagatingin are prison guards who escorted Escapo in attending a court hearing in Malabon City. Arriving too early in the court room, JO1 Bantay and went to a nearby restaurant to have a cup of coffee. When Escapo was being watched by CO2 Tagatingin only. Escapo and his cohorts succeeded in escaping. The said prison guards can be held liable for what crime? A. Conniving with prisoner B. Consenting to evasion C. Illegal break time D. Evasion through negligence

71. 35. JO1 Bantay, and JO2 Tagatingin are prison guards who escorted Escapo in attending a court hearing in Malabon City. Arriving too early in the court room, JO1 Bantay and went to a nearby restaurant to have a cup of coffee. When Escapo was being watched by CO2 Tagatingin only. Escapo and his cohorts succeeded in escaping. The said prison guards can be held liable for what crime? A. Conniving with prisoner B. Consenting to evasion C. Illegal break time D. Evasion through negligence

72. 36. Duterte, Roxas and Binay broke into the National Food Authority forcibly destroyed the door of the warehouse in order to address the sufferings of the people within the area. Thus, they called all the people to help them by empting all the goods stored therein. Duterte, Roxas and Binay did not even took something for themselves. What crime was committed? A. Sedition B. Rebellion C. Direct assault D. Indirect assault

73. 36. Duterte, Roxas and Binay broke into the National Food Authority forcibly destroyed the door of the warehouse in order to address the sufferings of the people within the area. Thus, they called all the people to help them by empting all the goods stored therein. Duterte, Roxas and Binay did not even took something for themselves. What crime was committed? A. Sedition B. Rebellion C. Direct assault D. Indirect assault

74. 37. A public officer who has under his custody or charge a prisoner‐serving sentence by final judgment or detention prisoner and such officer connives with or consents to the escapes of such prisoner is liable for? A. Infidelity in the custody of prisoner B. Evasion of service of sentence C. Dereliction of duty D. Prevarication

75. 37. A public officer who has under his custody or charge a prisoner‐serving sentence by final judgment or detention prisoner and such officer connives with or consents to the escapes of such prisoner is liable for? A. Infidelity in the custody of prisoner B. Evasion of service of sentence C. Dereliction of duty D. Prevarication

76. 38. Michael was charged with homicide and after 10 years of litigation, he was convicted and sentenced to suffer 18 years of imprisonment and a civil damage of P100,000.00. While on Appeal, he died of tuberculosis. His death ended the imprisonment penalty. How about the civil liability? A. The obligation continues unless waived B. It depends on the outcome of the appeal C. Still with obligation D. No more obligation

77. 38. Michael was charged with homicide and after 10 years of litigation, he was convicted and sentenced to suffer 18 years of imprisonment and a civil damage of P100,000.00. While on Appeal, he died of tuberculosis. His death ended the imprisonment penalty. How about the civil liability? A. The obligation continues unless waived B. It depends on the outcome of the appeal C. Still with obligation D. No more obligation

78. 39. Contracting a second or subsequent marriage before the former marriage has been legally dissolved is what crime? A. Bigamy C. none B. simulation D. usurpation

79. 39. Contracting a second or subsequent marriage before the former marriage has been legally dissolved is what crime? A. Bigamy C. none B. simulation D. usurpation

80. 40. Insurrection as one of the crimes against public order, the principal objective of the movement is not to overthrow the government but to affect what kind of changes in the government? A. Minor C. general B. Specific D. major

81. 40. Insurrection as one of the crimes against public order, the principal objective of the movement is not to overthrow the government but to affect what kind of changes in the government? A. Minor C. general B. Specific D. major

82. 41. While inside SM Subic, Joime stole an expensive watch in a jewelry store and Mau without knowing that the said watch was stolen property, purchased it from Joime and while on the way out, Mau was caught. What crime shall be filed against Mau if there is any? A. Theft C. none B. Anti‐fencing law D. estafa

83. 41. While inside SM Subic, Joime stole an expensive watch in a jewelry store and Mau without knowing that the said watch was stolen property, purchased it from Joime and while on the way out, Mau was caught. What crime shall be filed against Mau if there is any? A. Theft C. none B. Anti‐fencing law D. estafa

84. 42. In the preceding question what law punishes fencing? A. PD 1612 C. PD 1829 B. PD 9 D. PD 532

85. 42. In the preceding question what law punishes fencing? A. PD 1612 C. PD 1829 B. PD 9 D. PD 532

86. 43. Under art. 125 of RPC how many hour shall a Cop deliver or file a case at the prosecutor’s office or municipal judge in crimes punishable with light penalties? a. 8 c. 12 b. 6 d. 18

87. 43. Under art. 125 of RPC how many hour shall a Cop deliver or file a case at the prosecutor’s office or municipal judge in crimes punishable with light penalties? a. 8 c. 12 b. 6 d. 18

88. 44. Omni is a janitor and a public employee at Pembo Elementary School. He is assigned to clean the Hallways of the school. One day, he noticed a fellow student loitering and spilling suspected liquid that would taint on the floor. Omni got angry and so he locked the student at the Inventory room and was freed from the room after eight hours. Omni committed the crime of? A. Arbitrary detention B. Illegal detention C. Unlawful arrest D. Incriminatory machination

89. 44. Omni is a janitor and a public employee at Pembo Elementary School. He is assigned to clean the Hallways of the school. One day, he noticed a fellow student loitering and spilling suspected liquid that would taint on the floor. Omni got angry and so he locked the student at the Inventory room and was freed from the room after eight hours. Omni committed the crime of? A. Arbitrary detention B. Illegal detention C. Unlawful arrest D. Incriminatory machination

90. 45. In the preceding question what if the crime is accompanied with serious physical injury. Decide A. Omni is liable for illegal detention B. Omni is liable for Serious Unlawful arrest C. Omni is liable for Qualified Arbitrary Detention D. Omni is liable for Serious Illegal Detention

91. 45. In the preceding question what if the crime is accompanied with serious physical injury. Decide A. Omni is liable for illegal detention B. Omni is liable for Serious Unlawful arrest C. Omni is liable for Qualified Arbitrary Detention D. Omni is liable for Serious Illegal Detention

92. 46. A public officer shall commit illegal detention and not arbitrary when _________________________ I. When his duty or function does not include the power to arrest and detain a person. II. Acting in a private capacity or beyond the scope of his official duty III. He becomes an accomplice or accessory to the crime committed by a private person. A. I,II,III C. I and II B. I only D. I and III

93. 46. A public officer shall commit illegal detention and not arbitrary when _________________________ I. When his duty or function does not include the power to arrest and detain a person. II. Acting in a private capacity or beyond the scope of his official duty III. He becomes an accomplice or accessory to the crime committed by a private person. A. I,II,III C. I and II B. I only D. I and III

94. 47. Mutiny and piracy are practically the same. The only difference is that in Mutiny, the offenders are passengers or crew members while in piracy, the attackers are what to the vessel? A. crew members C. passengers B. officers D. strangers

95. 47. Mutiny and piracy are practically the same. The only difference is that in Mutiny, the offenders are passengers or crew members while in piracy, the attackers are what to the vessel? A. crew members C. passengers B. officers D. strangers

96. 48. Planting evidence by a police officer of an innocent person arrested by the former is liable for? A. Incriminatory machination B. Arbitrary Detention C. Intriguing against honor D. Illegal arrest

97. 48. Planting evidence by a police officer of an innocent person arrested by the former is liable for? A. Incriminatory machination B. Arbitrary Detention C. Intriguing against honor D. Illegal arrest

98. 49. The crimes of piracy and brigandage are qualified and provided with greater penalties if this crime is also committed on the occasion of the said crimes. Which of the herein crimes is that? A. Robbery C. rape B. Grave slander D. estafa

99. 49. The crimes of piracy and brigandage are qualified and provided with greater penalties if this crime is also committed on the occasion of the said crimes. Which of the herein crimes is that? A. Robbery C. rape B. Grave slander D. estafa

100. 50. In searching domicile under art. 130 of the RPC, if owner of the house or any member of the family is not around, how many witness residing in that area is required in order to have a valid search? A. 3 C.4 B. 1 D.2

101. 50. In searching domicile under art. 130 of the RPC, if owner of the house or any member of the family is not around, how many witness residing in that area is required in order to have a valid search? A. 3 C.4 B. 1 D.2

102. 51. The offender that employs ingenuity or cunning in order to deprive the victim of his money or property is liable for? A. Theft B. Estafa or swindling C. Robbery D. Usurpation of boundary marks

103. 51. The offender that employs ingenuity or cunning in order to deprive the victim of his money or property is liable for? A. Theft B. Estafa or swindling C. Robbery D. Usurpation of boundary marks

104. 52. Bong issued a check in favor of Cayetano for a debt he has incurred a month ago. When the check was presented for payment, it was dishonored by the bank. What crime is committed by Bong if any? A. Estafa B. Theft C. Violation of bouncing check law D. No Crime was committed

105. 52. Bong issued a check in favor of Cayetano for a debt he has incurred a month ago. When the check was presented for payment, it was dishonored by the bank. What crime is committed by Bong if any? A. Estafa B. Theft C. Violation of bouncing check law D. No Crime was committed

106. 53. Supposing, Bong approach Cayetano and told Cayetano to deliver to him 10,000 Pesos Pesos and Bong would issue in his favor a check in the sum of 13,000 pesos as it was a Sunday and Bong needed the cash urgently. Cayetano gave 10,000 pesos to Bong having in mind the profit of the amount of 3,000 pesos When Cayetano encash the check on the following day it bounced or dishonored. What crime was committed by Bong if any? A. Estafa and violation of BP 22 B. Malversation C. No Crime D. Theft

107. 53. Supposing, Bong approach Cayetano and told Cayetano to deliver to him 10,000 Pesos Pesos and Bong would issue in his favor a check in the sum of 13,000 pesos as it was a Sunday and Bong needed the cash urgently. Cayetano gave 10,000 pesos to Bong having in mind the profit of the amount of 3,000 pesos When Cayetano encash the check on the following day it bounced or dishonored. What crime was committed by Bong if any? A. Estafa and violation of BP 22 B. Malversation C. No Crime D. Theft

108. 54. The law repealing the provision of RPC on pre‐ mature marriage. A. RA 10655 B. RA 10175 C. RA 7659 D. RA 8551

109. 54. The law repealing the provision of RPC on pre‐ mature marriage. A. RA 10655 B. RA 10175 C. RA 7659 D. RA 8551

110. 55. Intellectual property violations is defined and penalized under Republic Act __________ A. 9344 C. 8293 B. 8551 D. 7691

111. 55. Intellectual property violations is defined and penalized under Republic Act __________ A. 9344 C. 8293 B. 8551 D. 7691

112. 56. In crimes against chastity, like act of lasciviousness, is relationship of the offender to the victim considered an aggravating circumstance? A. Yes C. no B. It depends D. possible

113. 56. In crimes against chastity, like act of lasciviousness, is relationship of the offender to the victim considered an aggravating circumstance? A. Yes C. no B. It depends D. possible

114. 57. In seduction and qualified seduction, except when the victim is either the daughter or sister of the offender, the woman seduced must be ________________________ A. Over 9 but less than 12 years of age B. Over 11 but less than 15 years of age C. Over 12 but less than 18 years of age D. Over 13 but less than 19 years of age

115. 57. In seduction and qualified seduction, except when the victim is either the daughter or sister of the offender, the woman seduced must be ________________________ A. Over 9 but less than 12 years of age B. Over 11 but less than 15 years of age C. Over 12 but less than 18 years of age D. Over 13 but less than 19 years of age

116. 58. In arbitrary detention, it is required that the offender is a public officer. If Police Insp. Cardo, and his Jeepdo and Busdo serving as lookout and driver respectively, and without any legal ground conspired in detaining Tricycledo, a police character, whom do you charge if any? A. Jeepdo and Busdo C. Jeepdo and Police insp. Cardo B. All of them D. Police insp. Cardo

117. 58. In arbitrary detention, it is required that the offender is a public officer. If Police Insp. Cardo, and his Jeepdo and Busdo serving as lookout and driver respectively, and without any legal ground conspired in detaining Tricycledo, a police character, whom do you charge if any? A. Jeepdo and Busdo C. Jeepdo and Police insp. Cardo B. All of them D. Police insp. Cardo

118. 59. If a person is arrested by virtue of a warrant, it means that there is already a case and if a person is arrested without a warrant, it means that there is no case filed in court yet. This statement is? A. Correct C. Incorrect B. Partially Correct D. Partially Incorrect

119. 59. If a person is arrested by virtue of a warrant, it means that there is already a case and if a person is arrested without a warrant, it means that there is no case filed in court yet. This statement is? A. Correct C. Incorrect B. Partially Correct D. Partially Incorrect

120. 60. A public officer who agrees to commit a criminal offense in connection with the exercise of the powers of his office in consideration of a price, reward, promise or gift is indication of? A. Direct bribery B. Indirect bribery C. Malversation D. Corruption of public officials

121. 60. A public officer who agrees to commit a criminal offense in connection with the exercise of the powers of his office in consideration of a price, reward, promise or gift is indication of? A. Direct bribery B. Indirect bribery C. Malversation D. Corruption of public officials

122. 61. Those directly vested with the jurisdiction to govern and execute the laws whether as individuals or as members of some court or government corporation board or commission. A. Public officer B. Duly constituted authorities C. Parliament D. Persons in authority

123. 61. Those directly vested with the jurisdiction to govern and execute the laws whether as individuals or as members of some court or government corporation board or commission. A. Public officer B. Duly constituted authorities C. Parliament D. Persons in authority

124. 62. Which of the following is not a person in authority? A. Governor C. barangay tanod B. Barangay captain D. mayor

125. 62. Which of the following is not a person in authority? A. Governor C. barangay tanod B. Barangay captain D. mayor

126. 63. A public officer who does not account for what he collects as a government employee and instead misappropriates the fees collected is liable for? A. Illegal exaction B. Direct Bribery C. Malversation D. Corruption of public official

127. 63. A public officer who does not account for what he collects as a government employee and instead misappropriates the fees collected is liable for? A. Illegal exaction B. Direct Bribery C. Malversation D. Corruption of public official

128. 64. The following are crimes against the fundamental laws of the state EXCEPT: A. Abuse in the service of search warrants B. Arbitrary detention C. Alarms and scandal D. Interruption of religious worship

129. 64. The following are crimes against the fundamental laws of the state EXCEPT: A. Abuse in the service of search warrants B. Arbitrary detention C. Alarms and scandal D. Interruption of religious worship

130. 65. To be qualified theft the coconuts should be stolen from the ________ A. Marketplace B. Coconut Store C. Buko Pie Store D. Premises of the coconut plantation

131. 65. To be qualified theft the coconuts should be stolen from the ________ A. Marketplace B. Coconut Store C. Buko Pie Store D. Premises of the coconut plantation

132. 66. When a municipal treasurer collects payment of taxes from a citizen and fails to issue receipt, the treasurer is liable for what crime? A. Illegal exaction B. Malversation C. Falsification D. Estafa

133. 66. When a municipal treasurer collects payment of taxes from a citizen and fails to issue receipt, the treasurer is liable for what crime? A. Illegal exaction B. Malversation C. Falsification D. Estafa

134. 67. The penalty for concubine and a spouse who kill his wife under exceptional circumstance is? A. Destiero B. Prison Mayor C. A fine of 200 to 500 pesos D. Reclusion Perpetua

135. 67. The penalty for concubine and a spouse who kill his wife under exceptional circumstance is? A. Destiero B. Prison Mayor C. A fine of 200 to 500 pesos D. Reclusion Perpetua

136. 68. Joime Removes, conceals and destroy the court records is liable for? A. Theft B. Swindling (Estafa) C. Falsification of court records D. Malicious Mischief

137. 68. Joime Removes, conceals and destroy the court records is liable for? A. Theft B. Swindling (Estafa) C. Falsification of court records D. Malicious Mischief

138. 69. Philando by means of promises of marriage, induces Philanda a minor of 19 years old to leave her house and then had sexual intercourse with her and immediately thereafter she returns to her house, what crime was committed by philando? A. Rape B. Seduction C. Consented abduction D. No crime

139. 69. Philando by means of promises of marriage, induces Philanda a minor of 19 years old to leave her house and then had sexual intercourse with her and immediately thereafter she returns to her house, what crime was committed by philando? A. Rape B. Seduction C. Consented abduction D. No crime

140. 70. Supposed that in the preceding number what if Philanda is 15 years old and was induced to leave her house and later forcibly raped by Philando. What crime was committed by Philando? A. Rape B. Seduction C. Consented abduction D. No crime

141. 70. Supposed that in the preceding number what if Philanda is 15 years old and was induced to leave her house and later forcibly raped by Philando. What crime was committed by Philando? A. Rape B. Seduction C. Consented abduction D. No crime

142. 71. If the offender is a public officer and vested with the power to arrest and detain a person and detained a person without legal grounds A. Illegal detention B. Unlawful detention C. Arbitrary detention D. Incriminatory machination

143. 71. If the offender is a public officer and vested with the power to arrest and detain a person and detained a person without legal grounds A. Illegal detention B. Unlawful detention C. Arbitrary detention D. Incriminatory machination

144. 72. Under Art. 125 the delivery of the arrested person to the proper authorities does not mean physical delivery of the arrested person to the court but simply means _____________ I. Putting arrested person under the jurisdiction of the court II. By filling the compliant or information against the person arrested in court within 12, 18 or 36 hours, as the case be, depending on whether the crime is punished by light, correctional penalty or their equivalent A. I and II C. I only B. II only D. none of the following

145. 72. Under Art. 125 the delivery of the arrested person to the proper authorities does not mean physical delivery of the arrested person to the court but simply means _____________ I. Putting arrested person under the jurisdiction of the court II. By filling the compliant or information against the person arrested in court within 12, 18 or 36 hours, as the case be, depending on whether the crime is punished by light, correctional penalty or their equivalent A. I and II C. I only B. II only D. none of the following

146. 73. Police Insp. Cardo and Police Senor Insp. Ramos arrested and detained Escapo without legal grounds they are liable for? A. Illegal arrest B. Illegal detention C. Unlawful arrest D. Arbitrary Detention

147. 73. Police Insp. Cardo and Police Senor Insp. Ramos arrested and detained Escapo without legal grounds they are liable for? A. Illegal arrest B. Illegal detention C. Unlawful arrest D. Arbitrary Detention

148. 74. What if the arrest is made without a warrant and under circumstances not allowing a warrant less arrest just so to charge him for a crime he did not commit, the crime committed is A. Illegal arrest B. Illegal detention C. Unlawful arrest D. Arbitrary Detention

149. 74. What if the arrest is made without a warrant and under circumstances not allowing a warrant less arrest just so to charge him for a crime he did not commit, the crime committed is A. Illegal arrest B. Illegal detention C. Unlawful arrest D. Arbitrary Detention

150. Situational numbers 75‐76 Duterte, a taxi driver, had an indebtedness in the sum of Pl00,000.00 which would become due in two weeks. He was starting to worry because he still had not raised the amount to pay for his debt. Every day, he had prayed for divine intervention. One night, while returning the taxi to the garage, he found a wallet on the back seat. Inspecting it, he learned that it contained exactly Pl00,000.00 cash, the amount of his obligation. Thinking it was divine intervention, and that his prayers were answered, he took the money and used it to pay his debt.

151. 75. What crime, if any, did Duterte commit? A. Theft B. Estafa C. Malversation D. Robbery 76. Assuming that instead of using the money, Duterte turned over the wallet and its contents to the nearby police station, and it was the chief of police of that station who appropriated the money for his own benefit, what crime was committed by the chief of police? A. Theft B. Estafa C. Malversation D. Robbery

152. 75. What crime, if any, did Duterte commit? A. Theft B. Estafa C. Malversation D. Robbery 76. Assuming that instead of using the money, Duterte turned over the wallet and its contents to the nearby police station, and it was the chief of police of that station who appropriated the money for his own benefit, what crime was committed by the chief of police? A. Theft B. Estafa C. Malversation D. Robbery

153. Situational numbers 77‐78 Viceganda planned to burn Alden’s house. One evening, during a drinking spree at his house, Viceganda told to his friends what he intended to do and even showed them the gasoline in cans that he would use for the purpose. Bong, a common friend of Viceganda and Alden, was present at the drinking spree. He was still sober when Viceganda told them his plans. Before going home, Bong warned Alden that Viceganda would burn his house and had already bought gasoline that would be used for the purpose. Alden reported the matter to the police authorities. Meanwhile, Viceganda went to Alden’s house and proceeded to pour gasoline around the walls of the house and it was at that point when he was caught by the police.

154. 77. What crime did Viceganda commit, if any? A. No crime B. Attempted Arson C. Frustrated Arson D. Consummated Arson 78. What if Viceganda already lit up the house but eventually arrested by the police and the fire was put off by Alden but it was slightly charred. What crime did Viceganda commit, if any? A. No crime B. Attempted Arson C. Frustrated Arson D. Consummated Arson

155. 77. What crime did Viceganda commit, if any? A. No crime B. Attempted Arson C. Frustrated Arson D. Consummated Arson 78. What if Viceganda already lit up the house but eventually arrested by the police and the fire was put off by Alden but it was slightly charred. What crime did Viceganda commit, if any? A. No crime B. Attempted Arson C. Frustrated Arson D. Consummated Arson

156. Situational numbers 79‐80 Kathrine and Daniel were married in New York, and have been living happily in Manila for the last three years. Daniel was removing junk from his basement when he came across an unlabeled recordable cd he put it in his computer's DVD drive to check its contents. To his surprise, he saw a video of Kathrine and another man James Read in the act of sexual intercourse in the master's bedroom of his house. Angered by what he saw, he filed a complaint for adultery against James Read and Kathrine. During the course of the trial, and again to the surprise of Daniel, it was proved that Kathrine was born male and underwent sex reassignment later in life.

157. 79. May Daniel's charge of adultery against Nadine and James Read prosper? A. Yes C. No B. Maybe D. it depends 80. Can there be an impossible crime of adultery? A. Yes C. No B. Maybe D. it depends

158. 79. May Daniel's charge of adultery against Nadine and James Read prosper? A. Yes C. No B. Maybe D. it depends 80. Can there be an impossible crime of adultery? A. Yes C. No B. Maybe D. it depends

159. Situational numbers 81‐82 Alden After a heated argument over his philandering, Alden punched on the face his wife Maine, who was six and a half months pregnant. Because of the impact, Maine lost her balance, fell on the floor with her head hitting a hard object. Maine died and the child was expelled prematurely. After thirty‐six hours, the child died.

160. 81. What crime(s) did Alden commit? A. Serious Physical Injury B. Homicide with Abortion C. Parricide with Infanticide D. Parricide with Unintentional Abortion 82. What if Maine survived but the fetus died inside the womb of Maine what crime is committed? A. Abortion B. Infanticide C. Unintentional Abortion D. Reckless imprudence resulting to abortion

161. 81. What crime(s) did Alden commit? A. Serious Physical Injury B. Homicide with Abortion C. Parricide with Infanticide D. Parricide with Unintentional Abortion 82. What if Maine survived but the fetus died inside the womb of Maine what crime is committed? A. Abortion B. Infanticide C. Unintentional Abortion D. Reckless imprudence resulting to abortion

162. Situational numbers 83‐85 Nadine convinced Kathrine to work in Japan, promising Kathrine that she would take care of the processing of the necessary documents. Nadine collected 140,000 pesos from Kathrine purportedly for the processing of her papers. Upon receipt of the money, Kathrine was made to accomplish certain forms and was told that she would be deployed to Japan within two weeks. After two weeks, Kathrine followed up on her application. Nadine made some excuses and told Kathrine that the deployment would be delayed. Another month passed and Nadine made other excuses which made Kathrine suspicious. Kathrine later discovered that Nadine was not licensed to recruit. Kathrine confronted Nadine and demanded the return of her money. Nadine promised to return the same in a week's time.

163. 83. A week later, Nadine was nowhere to be found. What crime did Nadine commit? A. Estafa B. Malversation C. Illegal presentation D. Bouncing check 84. In the scenario, Nadine is also liable under illegal recruitment. What law penalizes illegal recruitment? A. RA 8042 B. RA 8493 C. BP 22 D. RA 8294

164. 83. A week later, Nadine was nowhere to be found. What crime did Nadine commit? A. Estafa B. Malversation C. Illegal presentation D. Bouncing check 84. In the scenario, Nadine is also liable under illegal recruitment. What law penalizes illegal recruitment? A. RA 8042 B. RA 8493 C. BP 22 D. RA 8294

165. 85. What if the money collected from Kathrine was produced by means of check and the check was dishonored because of insufficiency of account. What law was violated by Kathrine if any? A. RA 8042 B. RA 8493 C. BP 22 D. RA 8294

166. 85. What if the money collected from Kathrine was produced by means of check and the check was dishonored because of insufficiency of account. What law was violated by Kathrine if any? A. RA 8042 B. RA 8493 C. BP 22 D. RA 8294

167. Situational numbers 86‐88 Alden and Yayadub were married but had been living separately due to irreconcilable differences. Alden later met Viceganda and fell in love with her. Thinking that he could marry Viceganda if Yayadub were to die, Alden decided to kill Yayadub. He secretly followed Yayadub for weeks to learn her daily routine. He decided to kill her at night on her way home. On the night he was to kill Yayadub, Alden wore dark clothes so that he would not be easily seen. He waited in the dark alley for Yayadub to pass by. He saw someone whom he thought looked like Yayadub and shot her with a revolver. The bullet passed through the person's head and grazed another passerby's arm. Some bystanders who heard the shot were able to stop Alden. It turned out that Yayadub did not report for work on that day, and the one who was shot in the head was Pastilla’s Girl, who died. The passerby whose arm was grazed by the bullet required medical attendance for two days.

168. 86. For what crime would Alden be held liable for the passerby who was grazed by the bullet? A. Slight Physical Injury B. Less Serious Physical Injury C. Serious physical injury D. Attempted homicide 87. Will your answer be the same, assuming that the other passerby was hit in the left eye which caused his/her blindness? A. Yes C. No B. Maybe D. It Depends

169. 86. For what crime would Alden be held liable for the passerby who was grazed by the bullet? A. Slight Physical Injury B. Less Serious Physical Injury C. Serious physical injury D. Attempted homicide 87. Will your answer be the same, assuming that the other passerby was hit in the left eye which caused his/her blindness? A. Yes C. No B. Maybe D. It Depends

170. 88. For what crime would Alden be held liable for Pastilla’s Girl? A. Homicide B. Parricide C. Murder D. Frustrated Parricide

171. 88. For what crime would Alden be held liable for Pastilla’s Girl? A. Homicide B. Parricide C. Murder D. Frustrated Parricide

172. Situational numbers 89‐90 A typhoon Yolanda destroyed the houses of many of the inhabitants of Samar Municipality. Thereafter, Samar Municipality operated a shelter assistance program whereby construction materials were provided to the calamity victims, and the beneficiaries provided the labor. The construction was partially done when the beneficiaries stopped helping with the construction for the reason that they needed to earn income to provide food for their families. When informed of the situation, Mayor Maawain approved the withdrawal of ten boxes of food from Samar Municipality's feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on Samar Municipality's annual budget.

173. 89. What crime did Mayor Maawain commit? A. Illegal use of public funds B. Malversation of public funds C. Plunder D. Bribery 90. May Mayor Maawain invoke the defense of good faith and that he had no evil intent when he approved the transfer of the boxes of food from the feeding program to the shelter assistance program? A. Yes C. No B. Maybe D. It depends

174. 89. What crime did Mayor Maawain commit? A. Illegal use of public funds B. Malversation of public funds C. Plunder D. Bribery 90. May Mayor Maawain invoke the defense of good faith and that he had no evil intent when he approved the transfer of the boxes of food from the feeding program to the shelter assistance program? A. Yes C. No B. Maybe D. It depends

175. Situational numbers 91‐94 Mr. Duterte is angry with Mr. Roxas. Oneday, when Mr. Roxas left for town, Mr. Duterte went to his nipa hut and deliberately damaged and removed the sawali sidlings of Mr. Roxas’ house. Contented with the damage and he was about to leave the scene when he decided that he could use the sidings of Mr. Roxas’s house to repair his house so, he took it home.

176. 91. Mr. Duterte is liable for A. Malicious mischief C. theft B. Destruction of property D. robbery 92. One of the following statements is true. Mr. Duterte is _______ A. Liable for malicious mischief B. Not liable of any crime C. Liable for robbery D. Liable for theft

177. 91. Mr. Duterte is liable for A. Malicious mischief C. theft B. Destruction of property D. robbery 92. One of the following statements is true. Mr. Duterte is _______ A. Liable for malicious mischief B. Not liable of any crime C. Liable for robbery D. Liable for theft

178. 93. One of the following statements is true: A. Mr. Duterte is not liable for any crime B. Theft is committed by Mr. Duterte because he used the sidings of the house after having maliciously damaged it C. Robbery is committed by Mr. Duterte because he removed the sidings of the house D. Malicious mischief is committed by Mr. Duterte because he deliberately caused damage to the sidings of the house

179. 93. One of the following statements is true: A. Mr. Duterte is not liable for any crime B. Theft is committed by Mr. Duterte because he used the sidings of the house after having maliciously damaged it C. Robbery is committed by Mr. Duterte because he removed the sidings of the house D. Malicious mischief is committed by Mr. Duterte because he deliberately caused damage to the sidings of the house

180. 94. To constitute malicious mischief, any of the following requisites must be present EXCEPT: A. The offender deliberately caused damage to another’s property B. He damaged the property merely for the sake of damaging it C. The act does not constitute arson D. The offender deliberately caused damage to his property

181. 94. To constitute malicious mischief, any of the following requisites must be present EXCEPT: A. The offender deliberately caused damage to another’s property B. He damaged the property merely for the sake of damaging it C. The act does not constitute arson D. The offender deliberately caused damage to his property

182. Situational numbers 95‐96 Dr. Teresita the division superintendent of Pembo Elementary school of the Department of Education. While she was working in his office, Aryola gave him a fist blow on the right temple and as a result she suffered an injury. The assault made by Aryola was due to a standing grudge of Dr. Teresita for blocking his promotion.

183. 95. If the injury was serious physical injury, what crime was committed? A. Attempted Homicide with physical injuries B. Direct assault with physical injuries C. Indirect assault D. Serious physical injuries 96. If the injury is slight physical injury, what crime was committed? A. Attempted Homicide with slight physical injuries B. Direct assault and slight physical injuries C. Indirect assault with slight physical injury D. Serious physical injuries

184. 95. If the injury was serious physical injury, what crime was committed? A. Attempted Homicide with physical injuries B. Direct assault with physical injuries C. Indirect assault D. Serious physical injuries 96. If the injury is slight physical injury, what crime was committed? A. Attempted Homicide with slight physical injuries B. Direct assault and slight physical injuries C. Indirect assault with slight physical injury D. Serious physical injuries

185. Situational numbers 97‐100 Duterte was convicted for Homicide and was sentenced to suffer an imprisonment from 14 years and 1 day to 17 years. While serving his sentence he was allowed to escape from his cell.

186. 97. If the offender is the custodian of the convicted prisoner what crime was committed? A. Delivering prisoners from jail B. Evasion of service C. Infidelity in the custody of prisoners D. Other cases of evasion 98. If the offender is not the custodian at the time of the escape of said prisoner, what crime was committed? A. Evasion of service B. Delivering prisoners from jail C. Infidelity in the custody of prisoners D. Other cases of evasion

187. 97. If the offender is the custodian of the convicted prisoner what crime was committed? A. Delivering prisoners from jail B. Evasion of service C. Infidelity in the custody of prisoners D. Other cases of evasion 98. If the offender is not the custodian at the time of the escape of said prisoner, what crime was committed? A. Evasion of service B. Delivering prisoners from jail C. Infidelity in the custody of prisoners D. Other cases of evasion

188. 99. What is the liability of the convicted prisoner serving his sentence? A. Evasion of service B. Delivering prisoners from jail C. Consenting or conniving to evasion D. Evasion through negligence 100. But the detention prisoner conspires with the one letting his escapes said is liable for _____ as principal by indispensable cooperation. A. Delivering prisoners from jail B. Infidelity in the custody of the prisoner C. Evasion of service D. Evasion through negligence

189. 99. What is the liability of the convicted prisoner serving his sentence? A. Evasion of service B. Delivering prisoners from jail C. Consenting or conniving to evasion D. Evasion through negligence 100. But the detention prisoner conspires with the one letting his escapes said is liable for _____ as principal by indispensable cooperation. A. Delivering prisoners from jail B. Infidelity in the custody of the prisoner C. Evasion of service D. Evasion through negligence

190. *** END *** “A reviewee with negative personality traits almost invites failure”.

Criminal Law and Jurisprudence Book 2 By Charlemagne James P. Ramos

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Criminal Law and Jurisprudence Book 2 By Charlemagne James P. Ramos