pre test (1-26) feb 26

26問 • 1年前

問題一覧

Which of the following will be evidence to prove evident premeditation?

one day reflection or meditation by the offender before the commission of the crime

What is that cause which, in a natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury without which the result would not have occurred?

proximate cause

X committed a crime when his mind was lucid, however of his trial, he became insane, What is the effect of his condition to triai?

trial will be suspended until he regains his mental sanity

Dr. Rex in his desire to get rid of his wife placed poison in the wife's food, however he changed his heart and administered anti dote in his wife which prevented the death of the latter which of the following element frustrated parricice is absent?

the felony is not produced because of the causes independent of the will of the perpetrator's will

Assuming that instead of arsenic poison, Dr. Rex mistook sugar as arsenic and placed it in the soup of his wife. Naturally, the wife did not die. What crime was committed by Dr. Rex, if there is any?

impossible crime

Toro is charge with frustrated unjust vexation which is classified as light felony, however the court found out that the crime is not frustrated but only attempted unjust vexation. What will happen to the case of Toro?

Toro will be acquitted because an attempted felony is not a crime against person or property, hence not punishable under the RPC

Which of the following statement is Not Correct?

In justifying circumstances there is no criminal liability however civil liability may be imposed by the court as evidence warrant

If an offense is committed on foreign merchant's vessel during its voyage in the Philippine waters. Assuming that Juan, a sailor of the vessel killed his fellow officer while the victim was sleeping. What crime was committed

Murder to be tried in the first court of jurisdiction in the Philippine court

All of the following are exempted from criminal liability, except one?

Custom

Which of the following is true about doubts in criminal cases?

All doubts should be resolved in favor of the accused

T with intent to kill the victim shot the latter on his head, however due to poor eyesight, I missed and instead hit his victim on the shoulder. When I was about to fire again his firearm, he has changed his mind and just leave the victim running away. What crime was committed by T?

Physical injury

Whenever possible, a complaint or information should state the designation given to the offense by the statue, besides the statement of the acts or omissions constituting the same and if there is no such designation, reference should be made to the section or subsection of the statute offense to the information or complaint to:

Accord the constitutional guarantee that no person shall be deprived of life, liberty or property without due process of law

The Rules pointed out the exception that the information need not specify the exact place of the commission of the offense, unless

When the particular place is an element of the offense

If the owner property subject of the offense, or any appellation or nickname by which such person is not known, and if there is no better way of identifying him, he must be described under what name?

All of these

A complaint or information must charge but one offense, except only in those cases in which the existing laws prescribe a single punishment for various offense. Of the following crimes, one is the exemption,

Complex crime

Where an offense is committed on a railroad train, in an aircraft, or in other public or private vehicle while in the course of its trip, the criminal action may be instituted and tried in the court of • The municipality where the train, aircraft or other vehicle passed during such trip: 21 x (25.6%) The municipality where the train, aircraft or other vehicle has departed during such trip: 18 X (22.0%) The municipality where the train, aircraft or other vehicle has arrived during such trip: 16 X (19.5%) In all of these 22 (26.8%) It depends: 5 x (6.1%)

In all of these

Extinction of civil action does not carry with extinction of the civil action, unless

The declaration in the final judgment that the fact from which the civil might arise did not exist.

For what offense preliminary investigation is required?

For all offenses where the penalty is above 4 years and 2 months without regard to fine

In what instance when the prosecutor without need of preliminary investigation may file a complaint or information provided an incuest has been conducted in accordance with existing rules?

When a person is lawfully arrested without warrant in an offense where preliminary investigation is required

Is the method fix by law for the apprehension and prosecution of a person for his punishment whenever convicted.

criminal procedure

In what instances warrant of arrest is not necessary?

either of these

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, lack of motive can result in conviction where the crime and the accused's part in it are shown. 33 (38.8%) motive is material only where there is no evidence of criminal intent: 34 x (40.0%) lack of motive precludes conviction.. 7X (8.2%) The motive of an offender is absolutely immaterial.: 8 x (9.4%) ⚫it depends: 1 x (1.2%) Some of these 2X (2.4%) none of these: OX

lack of motive can result in conviction where the crime and the accused's part in it are shown.

The venue of the criminal case may be changed what court in order to avoid miscarriage of justice?

court of appeals

When a person is lawfully arrested without warrant of arrest involving an offense, which requires a preliminary investigation, the complaint or information may be filed without need of such investigation, provided ________ has been conducted in accordance with the existing law.

inquest

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

no crime

A special complex crime is a composite crime

with its own definition and special penalty provided by the Penal Code

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問題一覧

Which of the following will be evidence to prove evident premeditation?

one day reflection or meditation by the offender before the commission of the crime

What is that cause which, in a natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury without which the result would not have occurred?

proximate cause

X committed a crime when his mind was lucid, however of his trial, he became insane, What is the effect of his condition to triai?

trial will be suspended until he regains his mental sanity

the felony is not produced because of the causes independent of the will of the perpetrator's will

Assuming that instead of arsenic poison, Dr. Rex mistook sugar as arsenic and placed it in the soup of his wife. Naturally, the wife did not die. What crime was committed by Dr. Rex, if there is any?

impossible crime

Toro will be acquitted because an attempted felony is not a crime against person or property, hence not punishable under the RPC

Which of the following statement is Not Correct?

In justifying circumstances there is no criminal liability however civil liability may be imposed by the court as evidence warrant

Murder to be tried in the first court of jurisdiction in the Philippine court

All of the following are exempted from criminal liability, except one?

Custom

Which of the following is true about doubts in criminal cases?

All doubts should be resolved in favor of the accused

Physical injury

Accord the constitutional guarantee that no person shall be deprived of life, liberty or property without due process of law

The Rules pointed out the exception that the information need not specify the exact place of the commission of the offense, unless

When the particular place is an element of the offense

If the owner property subject of the offense, or any appellation or nickname by which such person is not known, and if there is no better way of identifying him, he must be described under what name?

All of these

Complex crime

In all of these

Extinction of civil action does not carry with extinction of the civil action, unless

The declaration in the final judgment that the fact from which the civil might arise did not exist.

For what offense preliminary investigation is required?

For all offenses where the penalty is above 4 years and 2 months without regard to fine

In what instance when the prosecutor without need of preliminary investigation may file a complaint or information provided an incuest has been conducted in accordance with existing rules?

When a person is lawfully arrested without warrant in an offense where preliminary investigation is required

Is the method fix by law for the apprehension and prosecution of a person for his punishment whenever convicted.

criminal procedure

In what instances warrant of arrest is not necessary?

either of these

lack of motive can result in conviction where the crime and the accused's part in it are shown.

The venue of the criminal case may be changed what court in order to avoid miscarriage of justice?

court of appeals

inquest

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

no crime

A special complex crime is a composite crime

with its own definition and special penalty provided by the Penal Code