Monday, March 14, 2011

Sample Multiple Choice Questions in Criminal Law

Note: the underlined words or phrase is the right answer.
1. Rape is carnal knowledge with the use of a. intrigue   b. force and intimidation   c. moral ascendancy d. deceit
2. A complex penalty is a penalty prescribed by law composed of three distinct penalties, each forming a period. If the crime is punishable by prision mayor to death, the minimum penalty is   a. Prision mayor since it is the lowest   b. Prision mayor and reclusion temporal   c. Reclusion temporal only   d. Reclusion perpetua
3. Three are three classes of crimes, namely: intentional and culpable which are punishable under the RPC, as amended and the third by special laws. When the crime is punishable by special laws;   a. intent is not necessary b. dolo is required   c. intent to commit and perpetuate is required   d. The prohibited act is done freely and consciously.
4. What is the effect when a qualifying aggravating circumstance is not alleged in t he information?
   a. The qualifying aggravating circumstance which is not alleged in the information shall be treated as a generic aggravating circumstance.   b. The qualifying circumstance could be proved neither as qualifying aggravating nor as generic aggravating circumstance.   c. The qualifying circumstance may be proved during the trial if the same is not objected to by the counsel for the accused.   d. The qualifying circumstance which is not alleged in the information will not be taken as a generic aggravating circumstance if not proved beyond reasonable doubt.

5. Roly, a high school teacher is convicted under R.A. 7610, a special law, for having sexual intercourse with his minor student. Is he entitled to the benefits of the ISLAW?   a. No, because the ISLAW applies only to crimes punishable under the RPC   b. Yes, because ISLAW applies even to special laws   c. No, because R.A. 7610 did not adopt the nomenclature of penalties under the RPC   d. Yes, because the penalty provided in R.A. 7610 is taken from the range of penalties in the RPC.
6. An accused charged with the crime of homicide pleaded not guilty during the preliminary investigation. Upon elevation of the case to the RTC, the court of competent jurisdiction, he pleaded guilty freely and voluntarily upon arrangement. Can his plea of guilty before the RTC be considered spontaneous and thus entitle him to the mitigating circumstance of spontaneous plea of guilty under Art. 13 (7), RPC?
a. No, because the plea of not guilty was not made immediately; the accused having plead not guilty during preliminary investigation.   b. Yes, because the plea of guilty was made before the presentation of evidence.   c. No, because it is required that the plea of guilty to be mitigating, must be made during the custodial investigation   d. Yes, because the plea of guilty is mitigating if the same was made in any stage of the proceeding as long as made before judgment.
7. What is the legal effect when the offender is a person whose age is 15 years old and below?
a. The act is justified  b. There is no crime   c. The offender is not criminally liable   d. The offender is not criminally and civilly liable.  
8. A husband and wife had a violent quarrel and in the process the husband pushed the wife so hard that caused her fall and hit her head at a hard object that resulted to her death. The crime committed is
a. Murder   b. Homicide  c. Parricide thru reckless imprudence   d. Homicide thru reckless imprudence
9. If the purpose of slapping the face of a woman is to humiliate or to cause shame, the crime committed is 
a. Slander by deed   b. Unjust vexation   c. Physical injuries   d. Acts of lasciviousness
10. The filing of the complaint for purposes of preliminary investigation does not stop the running of the prescriptive period
a. Yes, since the filing id not for trial   b. No, because the case is filed for trial   c. Yes, since the filing is for preliminary investigation   d. No, the filing of the case is for preliminary investigation.
Source: mid term exam.

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