Online Exam: Criminal Law (2011 Bar Exams)

The following questions are copied en toto from the 2011 Bar Exams in Criminal Law (Set A). There are 75 questions in all. Good luck!

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2011 Criminal Law Bar Exams

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Question 1

Arthur, Ben, and Cesar quarreled with Glen while they were at the latter’s house. Enraged, Arthur repeatedly stabbed Glen while Ben and Cesar pinned his arms. What aggravating circumstance if any attended the killing of Glen?

A	Abuse of superior strength.
B	Treachery.
C	None.
D	Evident premeditation.

Question 2

To mitigate his liability for inflicting physical injury to another, an accused with a physical defect must prove that such defect restricted his freedom of action and understanding. This proof is not required where the physical defect consists of

A	complete blindness.
B	a severed leg.
C	a severed right hand.
D	being deaf mute and dumb.

Question 3

Which of the following statements constitute Inciting to Sedition?

A	Speeches extolling communism and urging the people to hold a national strike and paralyze commerce and trade.
B	Speeches calling for resignation of high government officials.
C	Utterance of statements irritating or obnoxious to the ears of the police officers.
D	Leaders of jeepney and bus associations shouting “Bukas tuloy ang welga hanggang sa magkagulo na!”

Question 4

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 had time to reflect when he got his gun.
B	Yes, since the wife and their driver desecrated the marital bed.
C	No, since the accused did not catch them while having sexual intercourse.
D	Yes, since the scene shows that they had an intimate relationship.

Question 5

X, a police officer, placed a hood on the head of W, a suspected drug pusher, and watched as Y and Z, police trainees, beat up and tortured W to get his confession. X is liable as

A	as accomplice in violation of the Anti-Torture Act.
B	a principal 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 6

An extenuating circumstance, which has the same effect as a mitigating circumstance, is exemplified by

A	the accused surrendering the weapon he used in his crime to the authorities.
B	the accused committing theft out of extreme poverty.
C	the accused raping his victim in extreme state of passion.
D	the mother killing her 2-day old child to conceal her dishonor.

Question 7

Isabel, a housemaid, broke into a pawnshop intent on stealing items of jewelry in it. She found, however, that the jewelry were in a locked chest. Unable to open it, she took the chest out of the shop. What crime did she commit?

A	Robbery in an inhabited house or public building.
B	Qualified theft
C	Robbery in an uninhabited place or in a private building
D	Theft

Question 8

Mr. P owns a boarding house where he knowingly allowed children to be videotaped while simulating explicit sexual activities. What is Mr. P's criminal liability, if any?

A	Violation of the Child Pornography Act
B	Violation of the Child Abuse Law
C	None
D	Corruption of minors under the Penal Code

Question 9

The husband has for a long time physically and mentally tortured his wife. After one episode of beating, the wife took the husband’s gun and shot him dead. Under the circumstances, her act constitutes

A	mitigating passion and obfuscation.
B	incomplete self-defense.
C	battered woman syndrome, a complete self-defense.
D	mitigating vindication of grave offense.

Question 10

The crime of robbery in an inhabited house or public building is mitigated when the offenders

A	entered through a window without breaking it.
B	although armed took property valued at only P200.
C	entered the house using false keys.
D	although armed did not fire their weapons.

Question 11

Without meaning anything, Z happened to stare into the eye of one of four men hanging out by a store which he passed. Taking offense, the four mauled and robbed him of his wages. Z went home, took a knife, and stabbed one of his attackers to death. Charged with murder, Z may raise the mitigating circumstance of

A	praeter intentionem.
B	passion or obfuscation.
C	incomplete self-defense preceded by undue provocation.
D	complete self-defense.

Question 12

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, malice is not presumed since X wrote the letter to the presiding judge who has a duty to act on what it states.
B	No, since malice is presumed with respect to defamatory imputations.
C	Yes, since malice is not presumed in libel.
D	No, since malice is self-evident in the letter.

Question 13

Dagami concealed Bugna’s body and the fact that he killed him by setting Bugna’s house on fire. What crime or crimes did Dagami commit?

A	Murder, the arson being absorbed already
B	Arson with murder as a compound crime
C	Arson, the homicide being absorbed already
D	Separate crimes of murder and arson

Question 14

Three men gave Arnold fist blows and kicks causing him to fall. As they surrounded and continued hitting him, he grabbed a knife he had in his pocket and stabbed one of the men straight to the heart. What crime did Arnold commit?

A	Homicide with incomplete self-defense, since he could have run from his aggressors.
B	No crime, since he needed to repel the aggression, employing reasonable means for doing so.
C	Homicide mitigated by incomplete self-defense, since stabbing a person to the heart is excessive.
D	Homicide, since he knew that stabbing a person in the heart is fatal.

Question 15

Which of the following crimes is an exception to the Territoriality Rule in Criminal law?

A	Crime committed by a Filipino in the disputed Spratly's Island.
B	Plunder committed at his place of assignment abroad by a Philippine public officer.
C	Forgery of US bank notes committed in the Philippines.
D	Violation of the Trademark Law committed by an alien in the Philippines.

Question 16

A battered woman claiming self-defense under the Anti-Violence against Women and Children must prove that the final acute battering episode was preceded by

A	2 battering episodes.
B	4 battering episodes.
C	3 battering episodes.
D	5 battering episodes.

Question 17

Minority is a privileged mitigating circumstance which operates to reduce the penalty by a degree where the child is

A	15 years and below acting without discernment.
B	below 18 years acting with discernment.
C	18 years old at the time of the commission of the crime acting with discernment.
D	above 15 years but below 18 acting without discernment.

Question 18

The mitigating circumstance of immediate vindication of a grave offense cannot be appreciated in a case where

A	X kills Y who attempted to rape X’s wife.
B	Following the killing of his adopted brother, P went to the place where it happened and killed S whom he found there.
C	P severely maltreats S, a septuagenarian, prompting the latter to kill him.
D	M killed R who slandered his wife.

Question 19

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	None
B	Both X and Y based on conspiracy
C	Y as the one who negotiated the check contrary to the agreement
D	X as the drawer of the check

Question 20

The three accused forcibly took their victim from his car but the latter succeeded in freeing himself from their grip. What crime did the three accused commit?

A	grave coercion.
B	forcible abduction.
C	frustrated kidnapping.
D	attempted kidnapping.

Question 21

Plaintiff X said in his civil complaint for damages that defendant Y, employing fraud, convinced him to buy a defective vehicle. Y filed a criminal action for libel against X for maliciously imputing fraud on him. Will the action prosper if it turns out that the civil complaint for damages was baseless?

A	Yes, parties must state the truth in their pleadings.
B	No, since malice is not evident.
C	No, since pleadings filed in court are absolutely privileged.
D	Yes, given the fact that the imputation of fraud was baseless.

Question 22

When a penal law is absolutely repealed such that the offense is decriminalized, a pending case charging the accused of the repealed crime is to be

A	dismissed provided the accused is not a habitual delinquent.
B	dismissed without any precondition.
C	prosecuted still since the offended party has a vested interest in the repealed law.
D	prosecuted still since the charge was valid when filed.

Question 23

X killed B, mistakenly believing that she was his wife, upon surprising her having sex with another man in a motel room. What is the criminal liability of X?

A	Homicide.
B	None since he killed her under exceptional circumstances.
C	Parricide.
D	None since he acted under a mistake of fact.

Question 24

Zeno and Primo asked Bert to give them a sketch of the location of Andy’s house since they wanted to kill him. Bert agreed and drew them the sketch. Zeno and Primo drove to the place and killed Andy. What crime did Bert commit?

A	None, since he took no step to take part in executing the crime.
B	Accomplice to murder, since his cooperation was minimal.
C	Accessory to murder, since his map facilitated the escape of the two.
D	Principal to murder, since he acted in conspiracy with Zeno and Primo.

Question 25

The penalty of perpetual or temporary special disqualification for the exercise of the right of suffrage does NOT deprive the offender of the right

A	to vote in a plebiscite.
B	to be elected to a public office.
C	to vote in any popular election for a public office.
D	to hold any public office.

Question 26

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 vindication of a grave offense as just one mitigating circumstance and voluntary surrender as another.
B	It will appreciate all three mitigating circumstances separately.
C	It will appreciate the three mitigating circumstances only as one.
D	It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstance and vindication of a grave offense as another.

Question 27

Removing, concealing or destroying documents to defraud another constitutes the crime of estafa if committed by

A	a public officer officially entrusted with the document.
B	any public officer.
C	private individuals who executed the same.
D	private individuals.

Question 28

A public officer who immediately returns the bribe money handed over to him commits

A	consummated bribery.
B	frustrated bribery.
C	no crime.
D	attempted bribery.

Question 29

The alternative circumstance of relationship shall NOT be considered between

A	mother-in-law and daughter-in-law.
B	stepfather and stepson.
C	aunt and nephew.
D	adopted son and legitimate natural daughter.

Question 30

There is violation of Art. 316, RPC (Other forms of Swindling) where

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 31

Culpa can either be a crime by itself or a mode of committing a crime. Culpa is a crime by itself in

A	serious physical Injuries thru reckless imprudence.
B	complex crime of reckless imprudence resulting in serious physical injuries.
C	medical malpractice.
D	reckless imprudence resulting in murder.

Question 32

The exchanges of highly offensive words between two quarrelling women in the presence of a crowd of people constitute

A	two separate counts of light slander, one for each woman.
B	grave slander against the woman who started it and light slander against the other woman.
C	two separate counts of grave slander, one against each of them.
D	one count of grave slander against the woman who uttered the more insulting expressions.

Question 33

X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y but also Z who was in the store. As a case of aberratio ictus, it is punishable as a

A	special complex crime.
B	compound crime.
C	complex crime proper.
D	continuing crime.

Question 34

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	Caloy, the owner of the house, was not present.
B	Debbie is not a dweller of the house.
C	Dwelling did nothing to provoke Ana into assaulting Debbie.
D	Belen, whom Debbie maligned, also dwells in the house.

Question 35

Motive is generally IMMATERIAL in determining criminal liability EXCEPT when

A	several offenders committed the crime but the court wants to ascertain which of them acted as leader.
B	the evidence of guilt of the accused is circumstantial.
C	the evidence of the crime consists of both direct and circumstantial evidence.
D	ascertaining the degree of penalty that may be imposed on the offender.

Question 36

In an attempted felony, the offender’s preparatory act

A	must not be connected to the intended crime.
B	itself constitutes an offense.
C	must seem connected to the intended crime.
D	requires another act to result in a felony.

Question 37

A private person who assists the escape of a person who committed robbery shall be liable

A	as a principal to the crime of obstruction of justice.
B	as an accessory to the crime of obstruction of justice.
C	as a principal to the crime of robbery.
D	as an accessory to the crime of robbery.

Question 38

He is an accomplice who

A	provided no help, when he can, to save the victim from dying.
B	watched quietly as the murderer stabbed his victim.
C	agreed to serve as a lookout after his companions decided to murder the victim.
D	helped the murderer find the victim who was hiding to avoid detection.

Question 39

X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the circumstances

A	X may plead aberratio ictus as he had no intention to hit Z.
B	X may plead praetor intentionem since he intended only to scare, not kill Z.
C	X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he fired his gun.
D	X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim.

Question 40

A child in conflict with the law shall enjoy all the rights of a child until

A	his minority is setoff by some aggravating circumstance.
B	he forfeits such rights by gross misconduct and immorality.
C	he is found to have acted with discernment.
D	he is proved to be 18 years or older.

Question 41

The police officer in civilian clothes asked X where he can buy shabu. X responded by asking the officer how much of the drug he needed. When he told him, X left, returned after a few minutes with the shabu, gave it to the officer, and took his money. X is

A	not liable for selling since the police operation was an invalid entrapment.
B	liable for selling since the police operation was a valid form of instigation.
C	liable for selling since the police operation was a valid entrapment.
D	not liable since the police operation was an invalid instigation.

Question 42

Sam wrote a letter to his friends stating that Judge Odon loves obscene magazines and keeps these in his desk. Charged with libel, can Sam present proof that Judge Odon indeed loves obscene magazines and keeps these in his desk?

A	Yes, since truth can be a valid defense in libel.
B	No, since Sam imputes the commission of a crime to Judge Odon.
C	No, since the imputation is not related to the duties of a judge.
D	No, since Sam does not impute a crime to Judge Odon.

Question 43

What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel of Russian registry while the vessel is anchored outside the breakwaters of the Manila bay?

A	The Philippine court.
B	The Russian court.
C	Any court that first asserts jurisdiction over the case.
D	The Indonesian court.

Question 44

Which among the following circumstances do NOT qualify the crime of kidnapping?

A	The victim is raped.
B	Ransom is demanded.
C	The victim is killed as a consequence of the detention.
D	The offender is a public officer.

Question 45

When committed outside the Philippine territory, our courts DO NOT have jurisdiction over the crime of

A	rebellion.
B	piracy.
C	espionage.
D	treason.

Question 46

W allowed a man to have sex with her thinking that he was her husband. After realizing that the man was not her husband, W stabbed him to death. Under the circumstances, the mitigating circumstance in attendance constitutes

A	defense of honor.
B	passion or obfuscation.
C	self-defense.
D	immediate vindication of a grave offense.

Question 47

X, a tabloid columnist, wrote an article describing Y, a public official, as stupid, corrupt, and having amassed ill-gotten wealth. X relied on a source from Y's own office who fed him the information. Did X commit libel?

A	No, since X but made a fair commentary on a matter of public interest.
B	No, since he wrote his article under the freedom enjoyed by the press.
C	Yes, since the article was libelous and inconsistent with good faith and reasonable care.
D	No, since X’s article constitutes privileged communication.

Question 48

A proposal to commit a felony is punishable only when the law specifically provides a penalty for it as in the case of proposal to commit

A	sedition.
B	espionage.
C	highway robbery.
D	rebellion.

Question 49

X and his step-father have a long-standing enmity. One day, irked by an argument with his step-father, X smashed the windshield of his step-father’s brand new Audi sports car. X is liable for

A	malicious mischief with the alternative mitigating circumstance of relationship.
B	the civil damage he caused.
C	malicious mischief.
D	malicious mischief with the alternative aggravating circumstance of relationship.

Question 50

A crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is called

A	quasi delict.
B	dolo.
C	tortious crimes.
D	culpa.

Question 51

The maxim "Nullum crimen nula poena sine lege" means that

A	the act is criminal and punished under and pursuant to common law.
B	crime is a product of the law.
C	there is a crime for as long as the act is inherently evil.
D	the act is criminal at the time of its commission and recognized as such at the time of its commission but the penalty therefor is prescribed in a subsequently enacted law.

Question 52

Insuperable cause is an exempting circumstance which may be applied to

A	rebellion.
B	homicide.
C	robbery.
D	misprision of treason.

Question 53

The presence of a mitigating circumstance in a crime

A	increases the penalty to its maximum period.
B	automatically reduces the penalty.
C	changes the gravity of the offense.
D	affects the imposable penalty, depending on other modifying circumstances.

Question 54

Principles of public international law exempt certain individuals from the Generality characteristic of criminal law. Who among the following are NOT exempt from the Generality rule?

A	Chiefs of Mission
B	Ministers Resident
C	Commercial Attache of a foreign country
D	Ambassador

Question 55

A, B, and C agreed to rob a house of its cash. A and B entered the house while C remained outside as lookout. After getting the cash, A and B decided to set the house on fire to destroy any evidence of their presence. What crime or crimes did C commit?

A	Accomplice to robbery since his role in the crime was minimal.
B	Robbery and arson since arson took place as an incident of the robbery.
C	Just for robbery since he only agreed to it and served as lookout.
D	Robbery and arson since C took no step to stop the arson.

Question 56

A qualifying aggravating circumstance

A	raises the penalty by two periods higher.
B	increases the penalty to its next degree but absorbs all the other aggravating circumstances.
C	changes the description and the nature of the offense.
D	is one which applies only in conjunction with another aggravating circumstance.

Question 57

It is a matter of judicial knowledge that certain individuals will kill others or commit serious offenses for no reason at all. For this reason,

A	lack of motive can result in conviction where the crime and the accused's part in it are shown.
B	lack of motive precludes conviction.
C	motive is material only where there is no evidence of criminal intent.
D	the motive of an offender is absolutely immaterial.

Question 58

A criminal action for rape is extinguished when the offender is forgiven by

A	the rape victim’s husband.
B	the offender’s wife who herself is the rape victim.
C	the rape victim herself.
D	his wife for having raped another woman.

Question 59

Direct bribery is a crime involving moral turpitude. From which of the following elements of direct bribery can moral turpitude be inferred?

A	The offender receives a gift by himself or through another.
B	The offender takes a gift with a view to committing a crime in exchange.
C	The offender is a public officer.
D	The act which the offender agrees to perform or which he executes is connected with his official duties.

Question 60

Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner is liable for

A	other deceits.
B	theft.
C	civil damages only.
D	occupation or usurpation of personal property.

Question 61

On hearing a hospital ward patient on the next bed, shrieking in pain and begging to die, Mona shut off the oxygen that was sustaining the patient, resulting in his death. What crime if any did Mona commit?

A	Homicide.
B	Murder if she deliberated on her action.
C	Euthanasia.
D	Giving Assistance to Suicide.

Question 62

A special complex crime is a composite crime

A	with its own definition and special penalty provided by a special penal law.
B	with its own definition and special penalty provided by the Penal Code.
C	made up of 2 or more crimes defined in the Penal Code.
D	made up of 2 or more crimes defined in the Penal Code and special penal laws.

Question 63

Which of the following circumstances of dishonor of a check can be a basis for prosecution under the bouncing checks law?

A	The check was returned unpaid with stamp “stop payment,” although the drawer’s deposit was sufficient.
B	The check, drawn and issued in the Philippines, was dishonored by the drawee bank in a foreign country.
C	The drawer of the dishonored check paid its value within 5 days from notice of dishonor.
D	The check was presented to the bank for payment 6 months after the date of issue.

Question 64

The aggravating circumstance of uninhabited place is aggravating in murder committed

A	in a partly occupied condominium building.
B	on a banca far out at sea.
C	in a house located in cul de sac.
D	in a dark alley in Tondo.

Question 65

In malversation of public funds, the offender’s return of the amount malversed has the following effect

A	The imposable penalty will depend on what was not returned.
B	It is exculpatory.
C	It is mitigating.
D	It is inculpatory, an admission of the commission of the crime.

Question 66

X inflicted violent kicks on vital parts of E's body. E nevertheless was able to flee for fear of his life. Refusing to undergo treatment for his injuries, E died 3 days later. Is X liable for E’s death?

A	No, since kicks on the body cannot cause death.
B	Yes, since E cannot be compelled to undergo medical treatment.
C	Yes, since it was a natural result of the injuries X inflicted on E.
D	No, since it took too long for death to occur.

Question 67

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 the medical director has full discretion in releasing the salary of government doctors.
B	No, since Dr. Chow brought it upon himself, having failed to submit the required DTRs.
C	Yes, since his salary was withheld without prior hearing.
D	Yes, since the medical Director acted with evident bad faith.

Question 68

X, Y and Z agreed among themselves to attack and kill A, a police officer, but they left their home-made guns in their vehicle before approaching him. What crime have they committed?

A	Conspiracy to commit direct assault.
B	Conspiracy to commit indirect assault.
C	Illegal possession of firearms.
D	Attempted direct assault.

Question 69

As a modifying circumstance, insanity

A	is in the nature of confession and avoidance.
B	may be presumed from the offender’s previous behavior.
C	exempts the offender from criminal liability whatever the circumstances.
D	may be mitigating if its presence becomes apparent subsequent to the commission of the crime.

Question 70

A police officer surreptitiously placed a marijuana stick in a student’s pocket and then arrested him for possession of marijuana cigarette. What crime can the police officer be charged with?

A	Incriminating an innocent person
B	Unlawful arrest
C	Complex crime of incriminating an innocent person with unlawful arrest
D	None, as it is a case of entrapment

Question 71

After properly waiving his Miranda rights, the offender led the police to where he buried the gun he used in shooting the victim. How does this affect his liability?

A	This serves as aggravating circumstance of concealment of weapon.
B	It has no effect at all since the law provides none.
C	He is considered to have confessed to murder.
D	This serves as an analogous mitigating circumstance of voluntary surrender.

Question 72

The classification of felonies into grave, less grave, and light is important in ascertaining

A	whether the offender is liable as an accomplice.
B	the correct penalty for crimes committed through reckless imprudence.
C	if certain crimes committed on the same occasion can be complexed.
D	what stage of the felony has been reached.

Question 73

X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he died. Is X criminally liable for the death of Y?

A	Yes because any intervening cause between the infliction of injury and death is immaterial.
B	No because the delay in the administration of the medical treatment was an intervening cause.
C	Yes because the delay did not break the causal connection between X's felonious act and the injuries sustained by Y.
D	No because the infliction of injury was not the immediate cause of the death.

Question 74

The prescriptive period for bigamy is 15 years counted from the date of the

A	discovery of the second marriage by the authorities.
B	registration of the second marriage in the Local Civil Registry.
C	celebration or solemnization of the second marriage.
D	discovery of the second marriage by the offended spouse.

Question 75

To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved his car to the right towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance of state of necessity?

A	No, because the bystanders had nothing to do with the abandoned truck on the road.
B	Yes, since the bystanders should have kept off the shoulder of the road.
C	Yes, since the instinct of self-preservation takes priority in an emergency.
D	No, because the injury done is greater than the evil to be avoided.

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