
CJP 100 ITEMS 9 20 2022
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It refers to branch or division of law which defines crimes, treats of their nature, and provides for their punishment.
There are 3 theories in criminal laws namely:
I. classical theory
II. positivist theory
III. absolute theory
IV. eclectic theory
The penalty for impossible crime is
I. Arresto mayor
II. Fine from 200 to 500 pesos
III. Arresto menor
IV. Fine not exceeding 200 pesos
We can say that injury committed against a person when:
I. personal injury against the private offended party.
II. Punishment is imprisonment.
III. Social injury against the state for the disturbance of peace
X (as principal)committed grave coercion (consummated) punishable by prision correctional. There was one aggravating circumstance in the commission of the crime let us say “with the aid of armed men”. Fix his penalty.
X (as principal) committed the crime ofHomicide (consummated) which is punishable by Reclusion Temporal. Hepleaded guilty to the charge at the arraignment. Determine his penalty.
Which among the following is a compound crime?
X, a member of “Akyat Bahay” was caught by a police officer in the act of removing the wooden boards/jalousies of “Mang Kepweng’s Sari Sari Store”. The police officer testified that X was about to enter the store when he actually affected the arrest of X. What crime was committed by X?
Assume that instead of arsenic, Dr. X mistook sugar for a poison and mixed them to the soup of his wife. Naturally the wife will not die. What crime was committed by Dr. X?
Let us assume thatDr. X did not have a change of heart and upon seeing his wife at the thresholdof death, he merely laughs at the latter. Assuming that it was another doctorwho saved the life of the wife, what crime was committed by Dr. X?
It is a misapprehension of fact on the part of the person who caused injury to another. He is not liable for absence of criminal intent.
It is the use of a particular means to achieve a desired result.
Mistake in identity of victim.
The following are requisites of attempted felony:
I. He does perform all the acts of execution.
II. Offender commences the commission of a felony directly by overt acts.
III. He is not stopped by his own spontaneous desistance.
IV. The non-performance of all the acts of execution was due to cause or accident other than his own spontaneous desistance.
It is an accessory penalty which has the effects of depriving the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos.
Gian and Yasan had a fight. In the course of the fight, Gian killed Yasan. Gian was charged and convicted of homicide. What is the penalty for homicide?
Probation is not a right but a privilege.
It is the conditional releases of the offender from the correctional institution after serving minimum sentence after showing that he has reformed.
DESTIERRO is imposed in the following:
I. Death
II. Serious Physical injuries inflicted under exceptional circumstances
III. When a person give a bond for good behavior.
IV. Penalty for concubine in concubinage.
___________ is the offense of gathering, transmitting or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign region.
The unlawful resistance to a superior or the raising of commotions on board a ship against the authority of its commander.
In case PIRACY was committed outside the Philippine waters, the Philippine courts still have jurisdiction over the offence.
It defined as the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty.
Rose, a Police Officer re-arrest a woman who had been released by means of verbal order of the judge. Rose acted without malice, but did not verify the order of release before proceeding to make the re-arrest. Rose is liable for _________________.
Jayson committed suicide by jumping down from the 3rd floor of a building. However an unfortunate balut vendor who was plying his trade became Jayson’s shock absorber when Jayson accidentally drop on top of him. Jayson lived while the balut vendor died. What crime was committed by Jayson?
Criminal Law has three main characteristics, namely
I. specific
II. general
III. territorial
IV. prospective
The following are characteristics of classical theory:
1. The basis of criminal liability is human tree will and the purpose of the penalty is retribution.
2. That man is essentially a moral creature with anabsolutely free will to choose between good andevil, thereby placing more stress upon the effect or result of the feloniousact than upon the man, the criminal himself.
3. That man is subduedoccasionally by a strange and morbid phenomenon which constraints him todo wrong, in spite of or contrary to his volition.
4. There is a scant regard to the human element.
Are acts and omissions punishable by law
There is fault when thewrongful act results from
I. imprudence
II. negligence
III. lack of foresight
IV. lack of skill.
An act which would be an offenseagainst persons or property. Were it not forthe inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means”.
Supposing that after killing the pig, Jayson makes use of its meat by keeping it in his refrigerator and cooked some. What crime committed by Jayson?
What is the function responsibility of prison guards?
What do you call the court that co-equal to the Court of Appeals?
What is the primary purpose of the pre-sentence investigation?
The following are rights of a witness under the rules of court EXCEPT:
We known that the Lord Jesus Christ, our savior, was brutally crucified in the Middle East some 2100 years ago. According to our criminal/ penal law, What aggravating circumstance will you use to those who conspired in the killing?
The Probation Officer and Volunteer Probation Aides undertake supervision and visitation of the probationer. However, control over the probationer and probation program is exercised by
1. X went to the United States. While he was there, encountered Y an American. They eventually got married. When X returned to the Philippines, his wife Z filed an action against him for violating their marriage. What is X liable to?
In criminal procedure, who conducts the direct examination?
What law prohibits the imposition of death penalty in the Philippines?
A drug user who is placed under probation may be made to serve his sentence by the court if he
Choose the correct circumstance when a woman may be held liable for rape:
Which among the following is a requisite before an accused may be discharged to become a state witness?
What term denotes a new or fresh trial when an appellate court sends a case back to lower court for new trial?
What is referred to as the reduction of the duration of prison sentence?
Facts already known or ought to be known by judge by reason of their office and of which they may properly take and act without proof re called matters of:
1. All data gathered about the probation applicant shall be treated__________.
ho is the Boston bootmaker who was the founder of probation in the United States?
Jeric , a doctor, put a poison on the food of his wife. When she eat the food, moments later, she suffered excruciating pain in the stomach. Seeing his in agony, Jeric got pity on his wife and administered an antidote. Thus, the wife did not die. What crime was committed by Jeric?
1. X tried to kill Y by poisoning. One morning, X put sugar on the food of Y thinking that it was arsenic. Instead of dying, Y suffered diabetes. In this case, the crime is not committed because the material he mixed on the foods is
A complaint may be filed by any of the following, EXCEPT:
The following are classified as crimes against honor, EXCEPT:
The following are classified as crimes against chastity, EXCEPT:
The Post-Sentence Investigation Report is submitted to court within_________.
In special law, the imposed penalty is two years to seven years. Applying the indeterminate sentence law, how many years?
In the Criminal Law, the Court personnel next in rank to the presiding judge in the lower court is the Branch Clerk of Court. In the absence of the judge, the branch clerk of court may hear simple case of unjust vexation.
Which of the following offenses may be prosecuted by a persons other than (not) the offended party?
A picked the pocket of B and succeeded in extracting B’s wallet. Once in possession of the wallet, A opened it, but finding it empty, he threw away the wallet. Is A guilty of an impossible crime?
What is the penalty for impossible crime?
The following is requisites of Conspiracy except:
1. That both party don't decide to commit it
2. That two or more persons came to an agreement
3. That the agreement concerned the commission of a felony
4. That the execution of the felony be decided upon
What is the statement of the wounded person shortly after be received several bolo stabs narrating therein the whole incident to another which is admissible in evidence as a part of:
A treasury warrant was payable to A or his representative. B took possession of the warrant, wrote the name of A, endorsed it at the back and was able to encash it. B is liable for:
Aberatio ictusin which the perpetrator is criminally liable means:
What are the infractions of mere rules of convenience designed to secure a more orderly regulation of the affairs of society?
A neighbor of B shot the pig of the latter which was eating the carrots plant of the former. A thereafter cooked the pig’s meat and consumed the same. What is A liable for?
What acts punishable by law are either intended to directly impute to an innocent person the commission of crime or which are calculated to blemish the honor or reputation of a person by means of intrigues?
A, B C are board mates of D E F and G conspired to kill X, a witch, because she is perceived to cause misery among residents in the town. D knew all about it along. After the conspiracy was executed, A B and C were arrested. The authorities learned that D knew the conspiracy but made no move to report it to the police. In this case D:
What exist when two or more people comes into an agreement concerning the commission of a felony and decided to commit it?
What is the means sanctioned by the rules of court of ascertaining in judicial proceedings the truth as a matter off act?
What crime is committed when A, driving a truck, run over a boy crossing the street during a torrential rain and the boy died?
What crime is committed when the offender, acting under a single criminal resolution, commits a series of acts in the same place at about the same time and all overt acts committed violate one and the same penal provisions?
Who is considered person in authority from among the following?
What rules is observed when generally, there can be no evidence of a writing, the contents of which is the subject matter of inquiry other than the original itself?
Pedro, a 19 year old man had sexual intercourse with her 11 year old girlfriend without threat, force or intimidation. What was the crime committed?
What is the liability of the jail guard if the evasion of the prisoner should occur through his negligence?
Who are criminally liable, when having knowledge of the commission of the crime, without having principally participated therein,
takes part subsequent to the commission, either in profiting by the effects of the crime or by concealing or destroying the body of the crime?
A and B agreed and decided to commit Robbery in the house of X. on the following day, A & B told C about the plan and asked C to drive them to the house of X. C drove A & B to the house of X where A & B committed Robbery. Is C liable? If so, what is his liability?
A and B fought against each other. B suffered some injuries and ran away. B stumbled. While lying face on the ground, A stabbed B on his back. B died. Is treachery presents?
Mr. T with intent to kill hacked Mr. Y. the latter was not hit. Mr. T is liable for__
Johnny thinking that his girlfriend Susan is pregnant administered abortive substance on Susan was not pregnant. What crime did Johnny commit?