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

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TEST BANK FOR CRIMINAL LAW, PROCEDURE AND EVIDENCE Walter P. Sagnorelli

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Harvard University

Exam (elaborations) TEST BANK FOR CRIMINAL LAW, PROCEDURE AND EVIDENCE Walter P. Sagnorelli (CRIMINAL JURISPRUDENCE AND PROCEDURE) CRIMINAL JURISPRUDENCE AND PROCEDURE Scope: Elements of the legal provisions and the extent of its application regarding offenses and penalties, knowledge of court...

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Harvard University
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TEST BANK FOR CRIMINAL LAW, PROCEDURE AND EVIDENCE Walter P. Sagnorelli

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, CRIMINAL JURISPRUDENCE AND PROCEDURE

Scope: Elements of the legal provisions and the extent of its
application regarding offenses and penalties, knowledge of
court jurisdiction, venue in criminal cases and the admissibility
of evidences which are of probative value to the courts. (20 %)

1

,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

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Exam (elaborations)

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

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