Name: ________________________________________________________________ Block ____ Date: _________ Score: _______

1. ____________________ is an act committed or omitted in violation of a public law forbidding or commanding it.
2. ____________________ are acts and omissions punishable by the Revised Penal Code.
3. ____________________ is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative act
for a judicial determination of guilt.
4. ____________________. One of the characteristics of criminal law which states that criminal law is binding on all persons who live
or sojourn in Philippine territory.
5. ____________________ One of the characteristics of criminal law which states that criminal laws undertake to punish crimes
committed within the Philippine territory.
6. ____________________ One of the characteristics of criminal law which states that a penal law cannot make an act punishable in
a manner in which it was not punishable when committed.
7. Penal laws are strictly construed against the government and liberally in favor of the ____________________.
8. ____________________ is a misapprehension of fact on the part of the person who caused injury to another. He is not, however,
criminally liable, because he did not act with criminal intent.
9. ____________________ Criminal liability shall be incurred by any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate
or ineffectual means.
10. ____________________. One of the theories of criminal law which states that man is subdued occasionally by a strange and morbid
phenomenon which constrains him to do wrong, in spite of or contrary to his volition.

(11-13) Give the 3 requisites of Culpa. Write your answers below.

11. ________________________________________
12. ________________________________________
13. ________________________________________

(14-15) Give at least 2 exceptions to the territorial application of criminal law (Article 2 of the Revised penal Code.) Write your answers
below.
14. ________________________________________________________________________________
15. ________________________________________________________________________________

16. One who gave a fist blow on the head of D, causing the latter to fall with the latter’s head striking a hard pavement, is liable for the
death of D, which resulted although the one who gave the fist blow had no intention to kill D. Encircle the correct answer.
a. Error in personae b. Aberratio ictus c. Praeter intentionem

17. One who stabbed another in the dark, believing that the latter was E, when in fact he was G, is liable for the injury caused to G,
although the one who stabbed him had no intention to injure G.
a. Error in personae b. Aberratio ictus c. Praeter intentionem

18. One who fired his gun at B, but missed and hit C instead, is liable for the injury caused to C, although the one who fired the gun had
no intention to injure C.
a. Error in personae b. Aberratio ictus c. Praeter intentionem

19. A, with intent to gain, took a watch from the pocket of B. When A had the watch in his possession, he found out that it was the watch
which he had lost a week before. What was the crime committed?
a. Theft b. Attempted Theft c. Impossible Crime

20. A, determined to poison to poison B, uses sufficient quantity of arsenic by mixing it with the food given to B, but B has developed
strong resistance to poison because he has been working in a mine. What was the crime committed?
a. Attempted Murder b. Frustrated Murder c. Impossible Crime

21. A fired at B, his brother, who was lying on bed, not knowing that B was dead hours before. What was the crime committed?
a. Murder b. No crime c. Impossible Crime

22. A fired at B, his brother, who was lying on bed, knowing that B was dead hours before. What was the crime committed?
a. Murder b. No crime c. Impossible Crime

(23-25) Give at least 3 differences between Mala in se and Mala prohibita.

Mala in se Mala prohibita

23.
24.
25.
1. A felony is __________________________ when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
2. A felony is __________________________ when all the elements necessary for its execution and accomplishment are
present.
3. A felony is _________________________ when the offender commences the commission of a felony directly by overt act and
does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own
spontaneous desistance.
4. _________________________. Crimes that are consummated in one instant, no attempt.
5. _________________________ exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.
6. _________________________ exists when the person who has decided to commit a felony proposes its execution to some
other person or persons.
7. _________________________. Crimes with three stages of execution.
8. _________________________ 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, except in par. 4 of Article 11, where the civil
liability is borne by the persons benefited.

True or False.
9. ____________. Insulting words addressed to the accused, no matter how objectionable they may have been, without physical
assault, could not constitute unlawful aggression.
10. ____________. Slap in the face is an unlawful aggression.
11. ____________. A mere slight push on the head with the hand, not followed by other acts, constitute unlawful aggression.
12. ____________. If A acted in defense of the husband of A’s sister-in-law, there is defense of relative.
13. ____________. A heard screams and cries for help. When A responded, he saw B attacking his (B’s) wife with a dagger. A
approached B and struggled for the possession of the weapon, in the course of which A inflicted wounds on B. A acted in defense of a
stranger.
14. ____________. During the storm, the ship which was heavily loaded with goods was in danger of sinking. The captain of the
vessel ordered art of the goods thrown overboard. In this case, there is avoidance of greater evil or injury.
15. ____________. A surgeon who amputated the leg of a patient to save him from infection is not liable for the crime of
amputation, because he was acting in the lawful exercise of his office.

16. A and B agreed and decided to rise publicly and take arms against the government with the help of their followers. However,
they did not carry out their plan to overthrow the government. A and B are liable for?
a. Rebellion and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit rebellion under Article 136 of the Revised Penal Code.
c. No crime committed.

17. But if A and B and their followers did rise publicly and take arms against the government to overthrow it, thereby succeeded in
carrying their plan to overthrow the government. A and B is liable for?
a. Rebellion and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit rebellion under Article 136 of the Revised Penal Code.
c. No crime committed.

18. A, B and C, after conceiving the criminal plan, got together, agreed and decided to kill D. But A, B and C failed to carry out the
plan for some reason or another. They are liable for?
a. Murder and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit murder.
c. No crime committed.

19. But if A, B and C carried out their plan and personally took part in its execution, which resulted in the killing of D, they are
liable for?
a. Murder and their conspiracy is only a manner of incurring criminal liability.
b. Conspiracy to commit murder.
c. No crime committed.

20. In the Supply Depot at Quezon City, the accused removed from the pile nine pieces of hospital linen and took them to their
truck where they were found by a corporal of the MP guards when they tried to pass through the check point. The crime committed
was?
a. Attempted theft
b. Frustrated theft
c. Consummated theft

21. A doctor conceived the idea of killing his wife, and to carry out his plan, he mixed arsenic with the soup of his victim.
Immediately after the victim took the poisonous food, the offender suddenly felt such a twinge of conscience that he himself washed out
the stomach of the victim and administered to her the adequate antidote. What was the crime committed?
a. Attempted parricide
b. Frustrated parricide
c. Consummated parricide
d. Physical Injuries

The deceased entered a chapel. The chapel was lighted with electric lights, and there were already several people inside.
Then the deceased went to sit by the side of the accused and placed his hand on the upper part of her right thigh. Accused pulled out
her fan knife and with it stabbed the deceased at the base of the left side of the neck, inflicting the mortal wound.

22-23. Was there an unlawful aggression? Explain.

___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________

24-25. Was there a complete self-defense? Explain.

___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________

I. Indicate whether the exemption from punishment is based on the complete absence of INTELLIGENCE, FREEDOM OF ACTION,
INTENT or NEGLIGENCE.

22. ____________________________. An imbecile or an insane person, unless the latter has acted during lucid interval.
23. ____________________________. A person fifteen (15) years or under.
24. ____________________________. A person above fifteen (15) years but below eighteen (18) years of age, unless he has acted
with discernment.
25. ____________________________. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
26. ____________________________. Any person who acts under the compulsion of an irresistible force.
27. ____________________________. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
28. ____________________________. Any person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause.

II. Identification.

29. ____________________________. The capacity of the child at the time of the commission of the offense to understand the
differences between right and wrong and the consequences of the wrongful act.
30. ____________________________. Something that happens outside the sway of our will, and although it comes about through
some act of our will, lies beyond the bounds of humanly foreseeable consequences.
31. ____________________________. Those where the act committed is a crime but for reasons of public policy and sentiment there
is no penalty imposed.

11-12
ENTRAPMENT INSTIGATION

13-14
JUSTIFYING CIRCUMSTANCES EXEMPTING CIRCUMSTANCES

15-17. ABSOLUTORY CAUSES. Pedro and Maria are husband and wife. Believing that his work as a lawyer is sufficient to provide for
the needs of their family, Pedro convinced Maria to be a stay at-home mom and care for their children. One day, Pedro arrived home
earlier than usual and caught Maria in the act of having sexual intercourse with their female maid, Alma, in their matrimonial bed. In a fit
of rage, Pedro retrieved his revolver from inside the bedroom cabinet and shot Alma, immediately killing her.
Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the Revised Penal Code (RPC) applicable in this
case given that the paramour was of the same gender as the erring spouse?
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________

At early dawn, John was surprised by a policeman while in the act of making an opening with an iron bar on the wall of a store of cheap
goods. At that time the owner of the store was sleeping inside with another Chinaman. John had only succeeded in breaking one board
and in unfastening another from the wall.

18-20. Is there an attempted robbery in this case?

___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________

21-23. Is there a frustrated robbery in this case?

___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________

24-25. What is Battered Woman Syndrome as a Defense?

___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________