Criminal Law 1 Mock Board

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

• Violation of the Trademark Law committed by an alien in the Philippines.

• Forgery of US bank notes committed in the Philippines.

• Crime committed by a Filipino in the disputed Spratly's Island.

• Plunder committed at his place of assignment abroad by a Philippine public officer.

May the foreigner be prosecuted before a civil court in the Philippines?

• No. The provisions of the Revised Penal Code are enforceable only within the Philippine Archipelago.

• No. The Philippine Criminal Law is binding only on persons who reside or sojourn in the Philippines.

• No. Foreigners residing outside the jurisdiction of the Philippines are exempted from the operation of the Philippine Criminal Law.

• Yes. The provisions of the Revised Penal Code are enforceable also outside the jurisdiction of the Philippines against those who should forge or counterfeit currency notes of the Philippines or obligations and securities issued by the Government of the Philippines.

Who among the following are NOT exempt from the Generality rule?

• Ministers Resident

• Commercial Attache of a foreign country

• Ambassador

• Chiefs of State

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?

• The Indonesian court.

• The Russian court.

• The Philippine court.

• Any court that first asserts jurisdiction over the case.

Is X liable for E's death?

• No, since kicks on the body cannot cause death.

• No, since it took too long for death to occur.

• Yes, since E cannot be compelled to undergo medical treatment.

• Yes, since it was a natural result of the injuries X inflicted on E.

What is the nature of the circumstance which is involved in the imposition of the maximum term of the indeterminate sentence?

• qualifying circumstance;

• aggravating circumstance;

• modifying circumstance;

• analogous circumstance.

Can there be a frustrated impossible crime?

• Yes. When the crime is not produced by reason of the inherent impossibility of its accomplishment, it is a frustrated impossible crime.

• No. There can be no frustrated impossible crime because the means employed to accomplish the crime is inadequate or ineffectual.

• Yes. There can be a frustrated impossible crime when the act performed would be an offense against persons.

• No. There can be no frustrated impossible because the offender has already performed the acts for the execution of the crime.

What crime is committed by DD, intending to kill EE, peppered the latter's bedroom with bullets, but since the intended victim was not home at that time, no harm came to him?

• DD committed the crime of attempted murder

• DD committed the crime of attempted homicide.

• DD committed the crime of impossible crime.

• DD committed the crime of malicious mischief.

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

• if certain crimes committed on the same occasion can be complexed.

• the correct penalty for crimes committed through reckless imprudence.

• whether the offender is liable as an accomplice.

• what stage of the felony has been reached.

These are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.

• Justifying Circumstance

• Mitigating Circumstance

• Aggravating Circumstance

• Exempting Circumstance