PRELIMINARY EXAMINATION IN CRIMINAL LAW & JURISPRUDENCE 2

(CLJ-2)

Our Lady of Fatima University

2nd Semester, SY 2011-2012

Read the questions carefully before answering. Choose the letter of your answer.

1. Jason, an American, has knowledge of a conspiracy to commit treason against the Republic of the Philippines. He concealed
such fact to the proper authorities in the Philippines. What crime, if any, did Jason commit?
A. Treason C. Conspiracy to commit treason
B. Misprision of Treason D. No crime was committed

2. It refers to a crime committed by any person owing allegiance to the Republic of the Philippines who
attempts to flee or go to an enemy country when prohibited by competent authority
A. Violation of neutrality C. Flight to enemy’s country
B. Correspondence with hostile country D. Espionage

3. The public burning of the flag of another country may give rise to the crime of:
A. Treason C. Sedition
B. Violation of neutrality D. Inciting to war or giving motives for reprisals

4. SS Lady Lala is en route to Manila coming from China. While traversing the sea, its engine malfunctioned. The Captain
ordered the ship to stop for emergency repairs lasting for almost 15 hours. Due to exhaustion, the officers and crew fell
asleep. While the ship was anchored, a motorboat manned by Douglas and his group took advantage of the situation and cut
the ship’s engines. They took several mechanical equipment from the ship and loaded them in their motorboat. What crime,
if any, did Douglas and his group commit?
A. Piracy C. Qualified Piracy
B. Mutiny D. Robbery

5. In question number four (4), supposing that while the taking of the equipment was taking place, the culprits stabbed a
member of the crew while sleeping. What crime was committed?
A. Robbery with Homicide C. Qualified Piracy
B. Qualified Mutiny D. Murder

6. The entering of an unauthorized person in a warship, fort, or naval or military establishment to

Obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippines is
the crime of:
A. Correspondence to hostile country C. Treason
B. Espionage D. Inciting to war

7. No person shall be convicted of treason, unless based on:

A.Testimony of two witnesses to the same overt act C. A only
B. Confession of the accused in open court D. A and B

8. It is punishable even if it is just a mere preparatory act to commit treason because in this crime,
the very existence of the state is in jeopardy
A. Misprision of treason C. Conspiracy to commit treason
B. Treason D. Proposal to commit treason

9. JUAN MATULUNGIN, always give food to NPA rebels whenever the latter stops by in JUAN’s
house in the mountain. What crime, if any, did Juan commit?
A. Treason C. Sedition
B. Rebellion D. No crime was committed

10. A public officer who accepts an appointment to office under the control of rebels commit the
crime of:
A. Rebellion C. Conspiracy to commit rebellion
B. Disloyalty of public officers or employees D. Proposal to commit rebellion

11. It was raining cats and dogs. PO1 BERTO BOLERO took refuge in one’s house. The lady owner allowed him to enter her
house and had her pretty daughter serve PO1 BERTO BOLERO some tea. Thereafter, PO1 BERTO BOLERO started flirting
with the daughter. As a consequence, the mother ordered Jimmy to leave. What crime was committed?
A. Violation of domicile C. Trespass to dwelling
B. Violation of neutrality D. No crime was committed

12. A person who, on the occasion of a war in which the Philippines is not involved, violates any regulation issued by competent
authority for the purpose of enforcing neutrality commits the crime of:
A. Violation of neutrality C. Correspondence with hostile country
B. Espionage D. Proposal to commit treason

13. One mode of committing treason is by:

A. Giving aid or comfort to the enemy C. Adherence to the Philippines’ enemy
B. Adherence to the Philippines’ enemy by giving D. All of these
the latter aid or comfort
14. FIDEL and ERNESTO got fed up with the administration of president Juan de la Cruz because of the
alleged corruption and poor governance of the latter. They, together with a couple of other
people decided to take up arms in order to overthrow the government. On the date of
their plan to overthrow the government, FIDEL and ERNESTO suddenly felt a sense of guilt and
decided that they will not push through with their plan. What crime, if any, did FIDEL and ERNESTO commit?
A. Rebellion C. Conspiracy to commit rebellion
B. Proposal to commit rebellion D. No crime was committed

15. Supposing, in number fourteen (14) above, FIDEL and ERNESTO decided to consummate their
plan, what is the crime committed?
A. Inciting to rebellion C. Coup d’etat
B. Sedition D. None of these

16. It is committed by any person who, in a place devoted to religious worship or during the celebration of any religious
ceremony perform acts notoriously offensive to the feelings of the faithful:
A. Interruption of religious worship C. Illegal assembly
B. Offending the religious feelings D. Illegal associations

17. if a group of persons belonging to the armed forces makes a swift attack, accompanied by violence, intimidation and threat
against a vital military installation for the purpose of seizing power and taking over such installation, what crime are they
guilty of?
A. Coup d’etat C. Insurrection
B. Rebellion D. Sedition

18. In question number seventeen (17) above, in case the attack is quelled but the leader is unknown, who shall be deemed the
leader thereof?
A. any person who directed the others C. Both A and B
B. any person who spoke for them D. None of these

19. Under Article 125 of the Revised Penal Code, delivery of a detained person to the proper judicial authorities means:
A. Physical delivery of the person to the judicial authorities C. Both A and B
B. Filing of an information against the accused D. None of these

20. A Police officer procured a search warrant without just cause. What is the crime committed?
A. Searching domicile without witnesses C. No crime was committed
B. Unjust vexation D. None of these

21. Under Article 130 of the Revised Penal Code, searching domicile must be done in the presence of witnesses. In case the
owner of the domicile, papers or other belongings is not present, who can substitute as a witness if any member of the
family of the owner is/are also not present?
A. Two-witness rule A. Lawyer
B. Punong Barangay of the locality D. two witnesses of age and
discretion residing in the
same locality

22. Under Article 116 (Misprision of treason) of the Revised Penal Code, the person who has knowledge of any conspiracy to
commit treason against the government of the Philippines must disclose the same to the proper authorities within what
period:
A. 12 hours C. As soon as possible
B. 3 days D. Immediately

23. What crime is committed against all mankind and whose jurisdiction consequently recognizes no
territorial limits?
A. Piracy C. Treason
B. Inciting to war D. Espionage

24. A swift attack accompanied by violence, intimidation, threats, strategy and stealth directed against duly constituted
authorities, public utilities, military camps and installation, with or without civilian support for the purpose of diminishing
state power
A. Sedition C. Rebellion
B. Insurrection D. Coup d’etat

25. A public officer or employee who, without legal grounds, detains a person is liable for:
A. Kidnapping C. Arbitrary detention
B. Illegal Detention D. Delay in the delivery of detained persons
to the proper judicial authorities

26. If the attacking or seizing of a vessel was committed and the perpetrators abandoned their victims without means of saving
themselves, the crime/s committed is/are:
A. Qualified Piracy C. Piracy
B. Qualified Mutiny D. A or B

27. It is one of the exceptions to the territoriality principle in criminal law

A. Crimes against public order C. Crimes against national security
B. Crimes against the fundamental and the law of nations
law of the state D. Crimes against persons
28. A Filipino citizen residing abroad who adheres to the Philippines’ enemy by giving them aid or comfort is liable for what
crime?
A. Treason C. Proposal to commit treason
B. Conspiracy to commit treason D. Rebellion

29. A governor who ordered the forced transfer of prostitutes from Manila to Basilan may be held liable for what crime?
A. None C. Expulsion
B. Disloyalty of public officers or employees D. Inciting to sedition

30. A Filipino who corresponds with his friend who is a foreign soldier from a country to which the Philippines has a strained
relation with, is liable for what crime?
A. Correspondence with hostile country C. Inciting to war
B. Violation of neutrality D. no crime was committed

31. Rebellion is a:
A. compound crime C. composite crime
B. complex crime D. continuing crime

32. Rebellion and Sedition have this common element:

A. Taking up arms C. overthrow the government
B. Public uprising D. all of these

33. Coup d’etat is a:

A. crime against the fundamental C. crime against national security
law of the state
B. crime against the law of nations D. crime against public order

34. An object of the crime of sedition is:

A. To prevent the promulgation or execution of C. levy war
any law or the holding of any popular
election
B. Overthrow the government D. destablize the
government

35. Hijacking under RA 6235 is committed by any person who

A. Compels a change in the course or
destination of an aircraft of
Philippine registry while it is in flight
B. Attacks or seizes a vessel by firing or
boarding upon the same
C. loads or carries in a passenger
aircraft operating as a public
utility within the Philippines, any
explosive or poisonous substance.
D. Both A and C

36. It is a crime, in its general sense, as the raising of commotions or disturbance in the state
A. Rebellion C. Sedition
B. Inciting to sedition D. Insurrection

37. In conspiracy to commit sedition, there must be:

A. an agreement to commit sedition C. a decision to commit sedition
B. an agreement and a decision to D. proposal and agreement to commit sedition
commit sedition

38. It is any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised
Penal Code
A. Illegal assemblies C. Interruption of religious worship
B. Illegal association D. Unlawful meeting

39. It is any association totally or partially organized for some purpose contrary to public morals
A. Illegal association C. Illegal group
B. Illegal assembly D. None of these

40. Act. No 3815, is otherwise known as:

A. Special penal law C. Revised Penal Code
B. Criminal law D. Criminal Procedure

41. Under Art. 129 of the Revised Penal Code, if a search warrant was maliciously obtained, what other crime may be committed
by the public officer in case the latter made a willful and deliberate assertion of falsehood in the affidavits filed in support of
the application for search warrant?
A. Violation of domicile C. Perjury
B. Disloyalty of public officers or employees D. Unjust vexation

42. It is such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the
means taken in prosecuting it, are legally just and proper
A. Reasonable belief C. Reasonable suspicion
B. Probable cause D. Inference
 43. A private individual who accepts an appointment to office under the control of rebels, is liable for what crime?
A. Rebellion C. Disloyalty of public officers or employees
B. Proposal to commit rebellion D. No crime was committed

44. Waiver of Art. 125 of the Revised Penal Code must be done
A. In writing C. Verbally with the assistance
B. In writing and in the of a lawyer
presence of the person’s lawyer D. Either B or C

45. the following are legal ground/s for the detention of any person:
A. commission of a crime C. a person suspected of committing
a crime
B. insanity of a person D. all of these

46. A person arrested in flagrante delicto, but without a warrant of arrest, must undergo
A. preliminary investigation C. custodial investigation
B. inquest proceedings D. police investigation

47.Correspondence with hostile country can be committed:

A. only in times of war c. Anytime
B. only in times of peace d. If there is a law that prohibits correspondence

48. Reclusion perpetua is a penalty under the Revised Penal Code that has a duration of:
A. twenty years to forty years C. less than twenty years
B. twenty years and one day to forty years D. none of these

49. A police officer that detains a person for some legal ground commits:
A. No crime C. Illegal detention
B. Arbitrary detention D. Delay in the delivery of detained
persons to the proper judicial authorities

50. Armed with a valid search warrant, police officers Charlie Barumbado and Joseng Gatilyo went to a certain house in Valenzuela City
to serve the search warrant to a suspected drug pusher. Once there, they knocked to the door and introduced themselves as
policemen but no person answered them. They waited for about half an hour before they decided to let themselves inside the house
and searched the personal property identified in the search warrant. What crime, if any, did the two police officers commit?
A. No crime was committed C. Trespass to dwelling
B. Violation of neutrality D. Searching without witnesses

51. A public officer that hinders any person from joining any lawful association commits
A. No crime C. Prohibition, interruption, and dissolution
of peaceful meetings
B. Interruption of religious worship D. Illegal Association

52. A police officer that arrests a person without a warrant of arrest

A. is criminally liable C. may or may not be criminally liable
B. is not criminally liable D. none of these

53. A search warrant can only be issued by

A. Prosecutor C. Judge/Justice
B. Chief of police of the PNP D. President

54. A public employee that prevents or disturbs the ceremonies or manifestations of any religion commits
A. Interruption of religious worship C. Unjust vexation
B. Offending the religious feelings D. Prohibition, interruption, and dissolution of
Peaceful meetings

55. Intent to gain is an element in the crime of

A. Piracy C. Treason
B. Mutiny D. Both A and B

56. Qualified piracy is a

A. complex crime C. compound crime
B. special complex crime D. delito continuado

57. Offending the religious feelings may be committed by

A. Public officer C. Both A and B
B. Private individual D. None of these

58. Rebellion is a
A. crime against national security C. crime against public order
B. crime against the law of nations D. crime against the fundamental
law of the state
59. A public officer that deports an alien without legal grounds may be held liable for what crime?
A. Violation of neutraility C. Expulsion
B. Violation of domicile D. Espionage
60. A public officer that delays the release of a prisoner or detention prisoner is liable for what crime?
A. Violation of domicile C. Delay in the delivery of detained persons
B. Arbitrary detention D. Delaying release

61. The essence of arbitrary detention is the

A. Detention of any person without legal grounds C. Detention without a warrant of arrest
B. Arrest of a person without legal grounds D. Detention due to the commission of a crime

62. MARVIN MALINIS, a public employee working as a janitor in Valenzuela city hall was assigned to clean toilets in the Office of the
Mayor. One day, he noticed someone urinating carelessly, partly at the bowl, at the wall and on the floor. MARVIN MALINIS got angry
and so he locked the toilet while the man was still urinating. The man was freed from the toilet after several hours. What crime, if any,
did MARVIN MALINIS commit?
A. Illegal detention C. Unlawful arrest
B. Arbitrary detention D. Kidnapping

63. This means that a Filipino citizen intellectually or emotionally favors the enemy and harbors sympathies not loyal to the Philippines’
interest
A. Levying war C. adherence to the enemy by giving aid or comfort
B. Adherence to the enemy D. all of these

64. MICHELLE was arrested by Police officer DELA CRUZ for illegal parking. She was detained at the police precinct, underwent
investigation, and released only after 48 hours? What crime, if any, did police officer DELA CRUZ commit?
A. Arbitrary detention C. Illegal detention
B. Delay in the delivery of a detained person D. No crime was committed
to the proper judicial authorities

65. PERLA, ANNA and Samantha were looking for a person named EPIFANIO whom Samantha suspected of stealing her laptop
computer. PERLA and ANNA were policewomen, while Samantha was a businesswoman. Samantha requested PERLA and ANNA, then
in uniform, to accompany her to EPIFANIO’s house to look for the laptop computer. PERLA, ANNA and Samantha went to EPIFANIO’s
house. When the policewomen knocked on the door, EPIFANIO’s wife, RUBY opened it. The Policewomen told RUBY that they came to
inquire about a lost laptop computer. Before RUBY could utter a word, the trio barged inside the house. Once inside, the policewomen
told RUBY that Samantha was suspecting her husband, EPIFANIO, to have stolen her laptop computer. RUBY protested and
immediately required the three to leave. The policewomen refused. Instead, they started searching the house for the laptop computer
over the objections of RUBY who said that she would file a complaint against them after her husband comes from work. As they did not
see any laptop computer, the three left. What crime, if any, did PERLA and ANNA commit?
A. Violation of domicile C. Unlawful arrest
B. Trespass to dwelling D. Expulsion

66. In question number 65 above, what crime, if any did Samantha commit?
A. Violation of domicile C. Unlawful arrest
B. Trespass to dwelling D. no crime was committed

67. Proposal to commit a felony is punishable only in the crime/s of

A. Rebellion C. Robbery
B. Sedition D. all of these

68. Mutiny becomes qualified when:

A. a vessel is seized by boarding or C. Both A and B
firing upon the same
B. accompanied by murder D. None of these

69. Conspiracy to commit a felony is punishable only in the crime/s of

A. Insurrection C. Sedition
B. Coup d’etat D. All of these

70. Treason can be committed by a Filipino citizen:

A. Inside or outside the Philippines C. Outside the Philippines only
B. Inside the Philippines only D. none of these

71. Espionage can be committed:

A. In times of peace only C. both in times of war and peace
B. In times of war only D. In times of extreme neccesity

72. It is committed by a public officer who by reason of the public office that he holds, is in possession of articles, data, or information,
and discloses their contents to a representative of a foreign country
A. Misprision of treason C. Espionage
B. Treason D. conspiracy to commit treason

73. Ordinarily, a public officer, under Art.125 of the Revised Penal Code should deliver a detained person to the proper judicial
authorities within 12-18-36 hours as the case may be. However, a new law was passed granting an exception to the said 12-18-36
hour rule, wherein a suspected person may be detained within a period of three (3) days from the date of apprehension, arrest or
detention of the said person. What special law is this?
A. Anti-subversion law C. Anti-torture act of 2009 (RA 9745)
B. Human Security act of 2007 (RA 9372) D. Anti photo and video voyeurism
act of 2009 (RA 9995)
74. PD 532 is known as
A. Anti-Piracy and anti-highway robbery C. Anti-carnapping law
Law of 1974
B. Anti-hijacking law D. None of these

75. The object of a search warrant is

A. Real or immovable property C. Both A and B
B. Personal or movable property D. Private property

76. As a mode of committing treason, it means an actual assemblage of persons for the purpose of accomplishing a treasonable design
A. Levying war C. giving aid or comfort to the enemy
B. Adherence to the enemy D. none of these

77. The highest penalty that can be imposed in the crime of qualified piracy at present is
A. Death penalty C. reclusion temporal
B. Reclusion perpetua D. life imprisonment

78. Prohibition, interruption, dissolution of a peaceful meeting, under Article 131 of the Revised Penal Code can be committed by
A. Private individual only C. Public officer or employee only
B. Alien D. Both A and C

79. The culprit under Art. 131 above must be a

A. participant in the meeting C. both A and B
B. stranger D. none of these

80. Effects, documents, objects obtained by the authorities without a valid search warrant is/are
A. admissible in evidence C. both A and B
B. inadmissible in evidence D. necessary to file a case in court

81. Interruption of religious worship under Art.132 of the Revised Penal Code is qualified when the offender committed the crime
with/during
A. nighttime C. violence or threats
B. abuse of authority D. all of these

82. Article 131 of the Revised Penal Code is a violation of the people’s constitutional right of/to
A. religion C. due process
B. equal protection of the laws D. freedom of expression

83. The Iglesia ni Cristo held a meeting in a public plaza. Thereafter, the minister started reading the bible and delivered a sermon, in
the course of which he attacked the catholic and aglipayan churches. The chief of police ordered his men to stop the minister. When
the minister refused, the chief of police fired two shots in the air that dispersed the crowd and stopped the meeting. What crime was
committed by the Chief of Police?
A. Interruption of religious worship C. prohibition, interruption, and
B. Offending the religious feelings dissolution of peaceful meetings
D. Illegal assembly

84. What is the crime committed when an offender does not take arms but incites others to the execution of any of the acts of
rebellion
A. Inciting to sedition C. inciting to rebellion
B. Conspiracy to commit rebellion D. proposal to commit rebellion

85. Which of the following is not defined as a felony under the Revised Penal Code?
A. Proposal to commit sedition C. Proposal to commit rebellion
B. Proposal to commit coup d’etat D. Proposal to commit a felony

86. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which
tend to disturb the public peace is an act of:
A. Inciting to riot C. Sedition
B. Inciting to rebellion D. Inciting to sedition

87. It means that the words must be of such a nature that by uttering them there is a danger of a public uprising and that such danger
should be both clear and imminent
A. clear and present danger rule C. dangerous tendency rule
B. balancing of interests rule D. none of these

88. It is a felony committed by a person who,
committees or sub-committees, constitutional
municipal council or board
A. Disturbance of proceedings
B. Acts tending to prevent the meeting
Of the National Assembly (Congress)
by force or fraud, prevents the meeting of the Congress of the Philippines or any of its
commissions or committees or divisions thereof, or of any provincial board or city or
C. Illegal association
D. illegal assembly

89. It is a law that defines crimes, treats of their nature and provide for their punishment
A. Criminal procedure C. Criminal law
B. Criminal jurisprudence D. Penal Code
90. Which of the following is not defined as a felony under the Revised Penal Code?
A. Inciting to rebellion C. Inciting to sedition
B. Inciting to coup d’etat D. Inciting to insurrection

91. In sedition, the purpose of the offenders may be

A. political only C. social only
B. political or social D. Economic

92. Book Two of the Revised Penal Code is about

A. crimes and penalties C. general provisions
B. basic principles D. all of these

93. The Revised Penal Code took effect on

A. January 1, 1932 C. January 31, 1930
B. February 2, 1987 D. None of these

94. Acts and omissions punishable by law are called

A. Offenses C. felonies
B. special penal laws D. Infractions

95. The penalty of life imprisonment has a duration of

A. twenty years and one day to forty years C. more than forty years
B. no fixed duration D. Ten years

96. In case of doubt, criminal law is liberally construed or interpreted

A. in favor of the accused C. either A or B
B. against the accused D. in favor of the constitution

97. Which of the following statement/s is/are true?

A. generally, no person can arrest anyone without a valid warrant of arrest
B. a private individual cannot arrest a person actually committing a crime
C. not all crimes are punishable
D. both A and C

98. Illegal association is a

A. crime against the fundamental law of the state C. crime against all mankind
B. crime against national security D. crime against public order

99. Who are the persons liable for illegal assembly?

A. leaders of the meeting C. Both A and B
B. persons merely present at the meeting D. none of these

100. Who are the persons liable for illegal association?

A. founders of the association C. members of the association
B. directors of the association D. all of these

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