MOCK BAR EXAMINATION QUESTIONS INCRIMINAL LAW

63. In the crime of arson, it is necessary that the property be totally destroyed by fire.

a. Trueb. False. It is consummated even if only a small portion of the wall or any part of the

house is burned.c. False. If the property is not totally burned it is frustrated arson.d. The consummation of the crime of arson depends upon the extent of the damage

caused.

64. The Revised Penal Code took effect on January 31, 1932.

a. Trueb. False, January 1, 1934c. False, January 1, 1932d. False, October 31, 1935

65. A penal law is always prospective in its application

a. Trueb. False, it is retroactivec. False, it may be given retroactive effect if favorable to the accused who is not a

habitual delinquentd. False, it is retroactive if the new law imposes a heavier penalty

66. Felonies cannot be committed by omissions but only through overt acts.

a. Trueb. False, only external acts are punished.c. False, felonies are acts or omissions punishable by law.d. False, there is no criminal intent in omission.

67. Reclusion perpetua is a divisible penalty.

a. Trueb. It is an accessory penaltyc. It is the same as life imprisonmentd. It remains an indivisible penalty despite its duration

68. Entrapment is an absolutory cause.

a. Trueb. False. It is not a bar to the prosecution and conviction of the lawbreaker because

consistent with public policyc. It is similar to instigation which absolves the accused from criminal responsibilityd. The ways and means resorted to for the purpose of framing up the lawbreaker