URDANETA CITY UNIVERSITY

COLLEGE OF CRIMINAL JUSTICE EDUCATION

PRELIM EXAMINATION
CRIMINAL LAW BOOK II
SY 2020 – 2021

GENERAL INSTRUCTIONS: Read and understand the questions before

answering. The Examination is good for two hours only. LATE SUBMISSIONS
WILL NOT BE ACCEPTED.

I. MODIFIED TRUE OR FALSE: WRITE TRUE IF THE

STATEMENT IS TRUE. IF THE STATEMENT IS FALSE, WRITE
THE PART OF THE STATEMENT WHICH MADE IT FALSE AND
CHANGE IT TO MAKE IT TRUE.

Example: The crime of treason may be committed by filipino citizens only

FALSE STATEMENT: filipino citizens only

TO MAKE IT CORRECT: filipino citizens and alien residents or by
anyone who owes allegiance to the government

1. Good faith is always a defense in crimes punished by Special Laws.

2. The crime of misprision of treason may be committed by resident
foreigners because they owe temporary allegiance to the Philippines.
3. The crime of piracy defined and penalized under Art. 122 of the
Revised Penal Code may be committed by the passengers of the vessel.
4. All crimes that are punished by special laws are mala prohibita.
5. The crime of misprision of treason is committed by two or more
persons who come to an agreement and decide to commit treasonous
acts.
6. Crimes committed by culpa are those committed with deliberate intent.
7. The doctrine of pro reo states in effect that a person’s act may only be
considered as criminal if there is an existing law defining such act as
criminal and providing penalty thereof.
8. Our criminal laws are retrospective in application unless stated
otherwise or it is beneficial to the accused
9. The crime of misprision of treason may be committed by resident
foreigners because they owe temporary allegiance to the Philippines.
10. Delivery in the crime of delivery of delay in the delivery of detained
persons to the proper judicial authority means physical delivery of the
detained persons in court.

II. MULTIPLE CHOICE: CHOOSE THE BEST ANSWER.

 1. The following are acts of adhering to the enemies by giving them aid and
comfort, except:
a. Giving the enemy country guns and ammunitions
b. Selling food and beverages to the enemy country
c. Supplying the enemy with information critical to our country’s defense
d. Giving the enemy country the identities of our covert operatives
e. None of the above
f. All of the above

2. In which of the following situation may an offender be charged with

Hijacking.
a. While the pilots of British Airlines Flight 111 were having their snack a
group of armed men held them at gunpoint and ordered them to fly the
aircraft to Iraq.
b. After disembarkation, the pilots of Canadian Air Flight 222 where held at
gunpoint by armed men and was ordered to fly the aircraft to Russia.
c. While Philippine Airlines Flight 333 was in flight, a group of armed men
stormed the cockpit and ordered the pilots to fly the aircraft to North
Korea.
d. All of the above
e. None of the above

For questions 3 – 6 the choices are:

a. Doctrine of Pro Reo
b. Nullum crimen, nulla poena sine lege
c. Actus me invito factus non est meus actus
d. Actus non facit reum, nisi mens sit rea
e. All of the above
f. None of the above

3. This legal principle takes application in intentional felonies but not on

felonies by negligence.
4. The legal principle means ambiguities in criminal laws must be interpreted in
favor of the accused.
5. This legal principle means, in the absence of any laws prohibiting an act, the
act is innocent even if it is inherently evil.
6. This legal principle means an offender may not be held guilty for a crime that
he committed under the pressure of uncontrollable fear.

7. Which among the following is correct?

a. Penal laws are legislative acts.
b. All crimes punished under special laws are considered Mala Prohibita.
c. Criminal laws that are favorable to the accused are always given retroactive
application.
 d. All of the above.
e. None of the above.

8. Which is not an element of the crime of treason.

a. The offender owes allegiance to the country.
b. Existence of war in which the Philippines is not neutral.
c. The offender wages war against the government in collaboration with an
alien enemy.
d. All of the above.
e. None of the above.

9. When is the crime of qualified piracy committed?

a. If the crime of piracy is committed with abandonment of victims without
any means of saving themselves
b. If the crime of piracy is committed with asking for ransom and compelling
the government to give in to an unlawful demand
c. If the crime of piracy is committed in a foreign vessel within the Philippine
territory
d. All of the above
e. None of the above

10. Which of the following crimes against the fundamental laws of the state may
be committed by a private individual alone?
a. Delaying release
b. Expulsion
c. Offending religious feelings
d. Interruption of religious worship
e. None of the above
f. All of the above

11. When is a person not considered in detention?

a. The person is locked up in jail
b. The person is kept in a Condominium unit filled with all the things that
he wants while guards are watching outside the door
c. The person is kept in a hotel resort and is given all that he desires but was
threatened not to leave
d. None of the above
e. All of the above

12. Which among the following is incorrect?

a. Following the theory of territoriality, our criminal laws are applicable to
those who lives and sojourn in the Philippine territory.
b. Under the theory of prospectivity of criminal laws, criminal laws are
generally given prospective applications but is subject to certain
exceptions.
 c. The generality principle of our criminal laws state that our criminal laws
covers all those who are found within our territory.
d. None of the above.
e. All of the above.

13. Which among these crimes against National Security may be committed even
in the absence of war.
a. Correspondence with hostile country
b. Misprision of treason
c. Violation of Neutrality
d. None of the above
e. All of the above

14. All are classes of arbitrary detention, except:

a. Delaying release
b. Detaining a person illegally
c. Detention of an insane individual
d. Delay in the delivery of detained persons to the proper authorities
e. All of the above
f. None of the above

15. Mr. LeBron, a filipino patriot, burned the Chinese flag while his group was
rallying against the continuous defiance of the Chinese government to honor
the UN Tribunal’s decision on the West Philippine Sea. What crime is
committed?
a. Violation of Neutrality
b. Violation of the Chinese Flag law stating that it is illegal to burn the
Chinese flag anywhere
c. Inciting to war or giving motives for reprisal
d. None because Mr. LeBron is only exercising his right to free speech, a
right guaranteed by our constitution.
e. None because Mr. LeBron was not caught in the act and cannot be
arrested

16. Under the purview of the crime of treason, levying war must have the
following, except:
a. Actual assembling of men
b. Cooperation with an alien enemy
c. The purpose is to deliver the country or government to a foreign enemy
d. The assembling of men is prohibited by competent government authority
e. All of the above
f. None of the above

17. When is the crime of delay in the delivery of detained persons to the proper
judicial authorities committed?
 a. Failure to bring the arrested person in front of the court when ordered to
do so.
b. Failure to bring the arrested person to the police station after a warrant of
arrest has been severed.
c. Failure to file the appropriate action against the arrested person to the
proper judicial authority.
d. Failure to arrest a person after a competent court has already issued a
warrant of arrest.
e. None of the above
f. All of the above

18. The following may be charged with treason, except:

a. The Ambassador of China residing in Binondo Manila because he owes
temporary allegiance while residing in our country
b. Filipino working in the United States Embassy in the Philippines
c. A Brazilian while vacationing in Boracay
d. All of the above
e. None of the above

19. An offender who conspires with someone to commit treasonous acts and
committed it may be charged with what offense?
a. Conspiracy to commit treason
b. Treason
c. Misprision of treason
d. Proposal to commit reason
e. a and b
f. None of the above

20. When can an offender be charged with violation of neutrality?

a. China and Korea are at war and the offender went to China to help them
fight off the Korean army.
b. USA and Russia are at war and the offender, while in the Philippines, sent
secret Military information to Russia that he gathered in the US Embassy
in the Philippines.
c. Iraq and Iran are at war, the offender went to the Embassy of Iraq in the
Philippines and attacked the employees and staff of the Embassy of Iraq
as a form of sympathizing with Iran.
d. None of the above.
e. All of the above.

III. ESSAY: ANSWER THE QUESTIONS WITH LEGAL

JUSTIFICATIONS.
1. On October 1, 2020, LeBron committed an act in violation of Sec. 2
of RA8888. On October 2, 2020, RA9999 amending RA8888 took
effect.
a. Can LeBron be charged for violating RA9999? Explain your answer.
b. If RA 9999 imposes a penalty lower than that imposed under RA
8888, can the provisions of RA 9999 be made applicable in the case of
LeBron? Explain your answer.

2. On October 2, 2020, Congress passed a law imposing a penalty of life

imprisonment to those who will be arrested for the crime of terrorism
without trial. In passing the law, Congress ratiocinated that we should
act swift to prevent terrorism in the Philippines and to save the lives
of the innocents. Is the law passed by Congress valid or constitutional?
Explain your answer.

3. Bruce Lee a Chinese national residing in the Philippines overheard the

conversation of a group of individuals plotting to commit treasonous
acts against the country. Bruce Lee failed to report what he heard to
the proper authority. Bruce Lee was charged with misprision of
treason.
a. What are the elements of misprision of treason?
b. Is the charge correct?