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COLLEGE OF CRIMINAL JUSTICE EDUCATION

Criminal Law 1 (CLJ3)
Second Semester 2022—2023
Preliminary Examination
Complete Name: __________________________________________________________Score: _________________
Class Schedule: ____________________ ; Year Level: ___________________; Section: _________________
TEST I. MULTIPLE CHOICE. Please UNDERLINE entirely the term or phrase which represents your answer. There
may be two or more possible answers to a given question, but choose the best answer.
1. This is the power of the State to enact laws and to prosecute violators of the law for the protection of life, liberty or
property, or to deprive one thereof when required by the interest of the society:
A. Military power C. Police power
B. Power of Taxation D. Power of Eminent Domain.
2. The Revised Penal Code of the Philippines, as amended (Act No. 3815), is an exercise by the State of its ________.
A. Military power C. Police power
B. Power of Taxation D. Power of Eminent Domain.
3. This is the principle of law that hears before it condemns, which proceeds to inquiry, and renders judgment only
after trial.
A. Judicial process C. Death penalty
B. Due process D. Imprisonment.
4. This is the aspect of due process which was observed or complied with by Congress when it enacted the Revised
Penal Code (RPC), as amended.
A. Substantive C. Power of Taxation
B. Procedural D. Police power
5. This is the aspect of due process which was observed or complied with by law enforcers when they arrest an offender
in flagrante delicto.
A. Substantive C. Power of Taxation
B. Procedural D. Police power
6. The three (3) characteristics of Criminal Law are the following, except:
A. General C. Prospective
B. Territorial D. Extraterritorial
7. This is the principle of Criminal Law used by Philippine Coast Guard when they arrest pirates in the open seas.
A. Generality C. Prospectivity
B. Territoriality D. Extraterritoriality
8. This is the principle of Criminal Law used by Philippine Marines when they arrest pirates in a large body of water
between and connecting the islands of Palawan, Visayas, and Mindanao.
A. Generality C. Prospectivity
B. Territoriality D. Extraterritoriality
9. The following are branches of government, except:
A. Judiciary C. Executive
B. Legislative D. Local Government Units
10. Branch of government whose function to enact, amend, and repeal laws, otherwise known as the law-making body.
A. Supreme Court C. Executive
B. Congress D. Department of Justice
11. The branch of government whose exclusive domain or function is the interpretation and application of laws.
A. Supreme Court C. Executive
B. Congress D. Department of Justice
12. The exclusive domain of this branch of government is the implementation of public policy and enforcement of laws.
A. Supreme Court C. Executive
B. Congress D. Department of Justice
13. In this government, the will of the people is determined by the principle of “majority rule.”
A. Democracy C. Monarchy
B. Aristocracy D. Oligarchy.
14. A kind of government wherein sovereignty resides in the people:
A. Democracy C. Monarchy
B. Aristocracy D. Oligarchy.
15. In this government, one man assumes all the powers of the three branches of government:
A. Democracy C. Monarchy
B. Aristocracy D. Oligarchy.
16. In this government, succession or appointment to public office is determined not by the will of the people but by
hereditary succession:
A. Democracy C. Monarchy
B. Aristocracy D. Oligarchy.
17. In this government, property and wealth is the basis for occupying public office:
A. Democracy C. Monarchy
B. Aristocracy D. Oligarchy.
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18. In this government, excellency in physical, mental, moral, academic and cultural fitness is the basis for assuming
public office:
A. Democracy C. Monarchy;
B. Aristocracy D. Oligarchy.
19. This is a government wherein only the rich can assume and occupy public office:
A. Democracy C. Monarchy
B. Aristocracy D. Plutocracy
20. In a democratic and republican State like the Philippines, sovereignty resides in, and all government authority
emanates from, the ___________________________________.
A. Rich and powerful people C. Educated class of people
B. Military and the police D. People
21. The kind and system of government of the Republic of the Philippines is established and laid down in the:
A. Constitution C. Corporation Code
B. Civil Code D. None of them.
22. In this kind of government, sovereignty is lodged with the king, queen, sultan, or datu:
A. Democracy C. Monarchy
B. Aristocracy D. Oligarchy.
23. Under monarchy, the people are subject to the will of the king, queen, sultan, or datu. But under democracy, public
officials from the highest to the lowest are subject to the will of _______________________.
A. The people. C. The king or queen
B. Datu or sultan D. The military
24. In monarchy, public officials are accountable to the king, queen, datu, or sultan. But in democracy, public officials
are accountable to the people:
A. Wholly true C. Wholly false
B. Partly false D. Partly true.
25. In monarchy, public officials and employees are officers of the king or queen. Whereas in democracy, public officials
and employees are servants of the people:
A. Wholly true C. Wholly false
B. Partly false D. Partly true.
26. This doctrine or theory is the basis of democracy:
A. Social contract theory C. Force or necessity theory
B. Divine rights of kings theory D. Utilitarian theory
27. “Every individual is both a king and a law unto himself, subject to no restraint except the limits of his own might.”
This postulate is recognized in:
A. Social contract theory C. Force or necessity theory
B. Divine Rights of Kings Theory D. Utilitarian theory
28. The President cannot be charged of any crime in court during his term in office because of the need for governmental
stability. This President’s immunity from suit is the reason underlying the principle of ___________________.
A. Judicial Review C. Presidential Veto
B. Legislative Veto D. Impeachment.
29. Even if the President has a security of tenure because of his immunity from suit during his term, he may nonetheless
be removed from office during his term by virtue of ______________________________.
A. Judicial Review C. Presidential Veto
B. Legislative Veto D. Impeachment.
30. Under the 1987 Philippine Constitution, the impeachable public officials are the following, except:
A. President C. Justices of the Supreme Court
B. Ombudsman D. Senator
31. These public officials are not impeachable, except:
A. Secretary of Justice C. Vice-President
B. Congressman D. Governor
32. The following offenses are grounds of impeachment, except:
A. Treason C. Concubinage
B. Bribery D. Graft and Corruption
33. The following offenses are not impeachable, except:
A. Adultery C. Illegal Possession of Firearms
B. Concubinage D. Culpable Violation of the Constitution.
34. In Presidential system of government, the legislature, executive, and judiciary are separate and independent from
each other. This system is based on the principle of:
A. Separation of powers C. Fusion of powers
B. Checks and Balances D. Blending of power.
35. Under this principle and practice, three branches of government will work together towards the achievement and
accomplishment of a declared national policy.
A. Separation of powers C. Fusion of powers
B. Checks and Balances D. Blending of power.
36. The political branches of government are the following, e×cept:
A. Legislative C. E×ecutive
B. Judiciary D. None of the them
37. Under this judicial power, the Supreme Court can strike down or annul any acts of the political branches of the
government on grounds of grave abuse of discretion.
A. Judicial review C. Judicial power
B. Judicial supremacy D. Judicial discretion
38. When the Government undertakes to build bridges and roads, it acts in the exercise of its __________________.
A. Constituent function C. Ministrant function
B. Malfunction D. Dysfunction.
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39. When the Government purchases new weaponry and upgrades the capability of its armed forces, it acts in the
exercise of its ______________________________.
A. Constituent function C. Ministrant function
B. Malfunction D. Dysfunction.
40. The performance of constituent function by the Government is mandatory since it is constitutive of the essence of:
A. Government C. Social welfare
B. Police power of the State D. Military power
41. Under International law, a State cannot sue in its judicial jurisdiction another state or its organs. This immunity is
based on ____________________________________.
A. Sovereign rights of State B. Right to independence
B. Right to Equality D. Freedom of political intercourse
42. This is a proceeding of law enforcement or a process of prosecution which includes the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is suspected to have committed.
A. Custodial investigation C. Preliminary investigation
B. Inquest proceeding D. Extrajudicial confession
43. The practice of law enforcement agencies in issuing “invitation” to a person suspected of having committed an
offense of which he is investigated is equivalent to a/an:
A. Issuance of subpoena C. Service of summonse
B. Conduct of inquest proceeding D. Actual arrest
44. This is what the law enforcer will do to an “invited” person who is suspected of having committed an offense of
which he is being investigated. Called the “first thing first” before conducting custodial investigation.
A. Inform arrestee of his Custodial rights C. Conduct custodial investigation
B. Conduct preliminary investigation D. Get extrajudicial confession
45. This is the “first thing first” for the custodial investigator after having informed him of his Miranda rights and before
propounding investigative question to the arrestee or detainee.
A. Inform of his Miranda rights C. Provide counsel for the detainee
B. Conduct preliminary investigation D. Get extrajudicial confession
46. This is a voluntary acknowledgment of one’s guilt before the custodial investigator.
A. Custodial statement C. Preliminary investigation
B. Judicial confession D. Extrajudicial confession
47. This is a voluntary acknowledgment of one’s guilt before the court.
A. Custodial investigation C. Preliminary investigation
B. Judicial confession D. Extrajudicial confession
48. This is the penalty prescribed by RA No. 7438 to a public officer or employee who fails, refuses, or neglects to inform
the arrested or detained person of his custodial rights or Miranda rights .
A. 8 years to 10 years imprisonment or a fine of P6,000.
B. Not less than 8 years but not more than 10 years plus fine of P6,000.
C. Not less than 4 years nor more than 6 years plus fine of P4,000.
D. Absolute perpetual disqualification from holding public office.
49. This is the penalty prescribed by RA No. 7438 to a public officer or employee who obstructs, fails, refuses to allow
custodial visit to an arrested or detained person.
A. 8 years to 10 years imprisonment or a fine of P6,000.
B. Not less than 8 years but not more than 10 years plus fine of P6,000.
C. Not less than 4 years nor more than 6 years plus fine of P4,000 .
D. Absolute perpetual disqualification from holding public office.
50. This is not part of Custodial Investigation:
A. Police lineup C. Issuance of invitation
B. Questioning of the detainee D. Detention
51. This is part of general inquiry into the commission of an offense:
A. Police lineup C. Issuance of invitation
B. Questioning of the detainee D. Detention
52. Persons who can visit the detainee at any hour of the day or at night.
A. Medical doctor C. Priest
B. Religious Minister D. Lawyer
53. Persons with right to visit the arrested or detained person at any hour of the day, except:
A. Medical doctor C. Punong Barangay
B. Priest D. Religious Minister
54. The following are members of the immediate family of the arrested or detained persons, except:
A. Spouse C. Fiance/Fiancee
B. Cousins D. Parent or child
55. Which/Who among the following is not a member of the immediate family of the arrestee or detainee?
A. Grandparent or grandchild C. Uncle or aunt
B. Guardian or ward D. None of the above
56. The following are grounds of warrantless arrest, except:
A. Arrest in flagrante delicto C. Arrest of fugitives from justice
B. Arrest in hot pursuit D. Arrest of terrorists
57. The following are grounds of warrantless search, except:
A. Search of moving vehicles C. Search of smuggled goods
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B. Search incidental to a lawful arrest D. Search of a dwelling

58. The following crimes are grounds for the declaration or proclamation of martial law, except:
A. Kidnapping C. Lawless violence
B. Invasion D. Rebellion
59. This is the factor or circumstance which determines whether or not the writ of habeas corpus shall be suspended.
A. National calamity C. Public safety
B. Public security D. Public opinion
60. This is the Commander-in-Chief of all the armed forces of the Republic of the Philippines.
A. Senate President C. Speaker of the House
B. Chief Justice D. President
61. This is the duration or number of days of martial law when proclaimed by the President.
A. Not exceeding 60 working days C. Not exceeding 60 days
B. Exceeding 60 calendar days D. 60 calendar days
62. Within this period of time from the proclamation of martial law or suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to Congress.
A. Within 48 hours C. After 48 hours
B. Beyond 48 hours D. Within 60 hours
63. Within 48 hours the proclamation of martial law or suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to _______________________________.
A. Senate C. Supreme Court
B. Congress D. House of Representatives
64. This branch of government can revoke the proclamation of martial law or suspension of the privilege of habeas
corpus by at least majority votes of all its members.
A. Senate C. Supreme Court
B. Congress D. House of Representatives
65. The Congress may revoke the proclamation of martial law or suspension of the privilege of habeas corpus by this
quality, amount or number of votes.
A. Minority vote C. Majority vote of all its members
B. Unanimous vote D. Majority vote of all its members present during session.
66. The two houses of Congress shall vote for the revocation or extension of martial law in this Congressional session.
A. They shall vote jointly C. They shall vote separately
B. They shall vote alternately D. They shall vote simultaneously
67. In Latin term, it literally means “show me the body.”
A. Ignorantia legis C. Res ipsa loquitor
B. Habeas corpus D. Nullum crimen
68. This is an instrument called “The Great Writ of Liberty” which safeguards the individual freedom against arbitrary
and abusive exercise of State power. It protects the individual against unlawful arrest, detention, and imprisonment.
A. Ignorantia legis C. Habeas corpus
B. Res ipsa loquitor D. Nullum crimen
69. In instances of warrantless searches and seizures, the police officer may conduct or perform search and seizures even
without a warrant issued by a court:
A. True. The rationale of the law and the exigency of the moment require that the judicial
warrant be dispensed with, otherwise the purpose of the law will be defeated.
B. False. The Constitution provides that the right of the people to be secure in their persons, houses, papers
and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce;
C. None of the above.
70. Search and seizure cannot be made without warrant in the following instances, except:
A. “Stop and frisk” in the light of the police officer’s experience and the surrounding circumstances to warrant a
reasonable belief that the person frisked has weapons concealed with him, and when contraband or
prohibited articles are in plain view.
B. When the right has been voluntarily, knowingly, and intentionally waived, or under exigent circumstances
which demand immediate action and which require that the application of a warrant should be dispensed
with.
C. All of the above.
71. Search and seizures may be made even without warrant in the following instances, except:
A. When a person is caught in flagrante delicto, search may be made contemporaneously with the arrest and
within permissible area of search;
B. Search of vessel and aircraft for violation of fishery, immigration, and customs laws and of vehicles at
boarders or constructive boarders for violation of immigration and smuggling laws;
C. Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations;
D. All of the above
72. The following places or premises can be searched without judicial warrant, except:
A. Search of a warehouse where smuggled goods are kept and stored.
B. Search of the residential house of a drug trafficker being used as a packaging center for marijuana.
C. Search of the factory building where shabu and other contraband are manufactured.
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D. All of the above.

73. What shall the law enforcers do after having arrested a person by virtue of a warrant of arrest?
A. Institute a criminal action against the arrestee
B. Conduct preliminary investigation
C. Conduct inquest proceeding
D. Submit the arrestee to the jurisdiction of the court

TEST II. CASE ANALYSIS. Please ENCIRCLE the letter of your choice, just the letter, don not
underline the entire phrase or term.

I. FACT: The Jail is packed with several prisoners and detainees. The bedroom and kitchen are swarmed with flies,
mosquitoes and bugs. The inmates make scheduling and shifting of their sleeping hours, so that some go to beds while
others stand still, because there is no enough space and beds in the jail. Is there violation of human rights committed by
prison authorities?
A. Yes. The Constitution forbids the use of substandard or inadequate penal facilities under subhuman condition. This
constitutional mandate does not need legislative enactment for its application or efficacy and may be deemed a self-
executing provision.
B. No. The inhuman condition of the prisoners is part of their penalty and an effective deterrent for the commission of
crimes. Otherwise, people will be encouraged to commit more crimes when they are treated fairly and provided with
comfortable housing facilities within the penal establishment.
C. Yes. Prisoners are humans and they must be treated humanely. Prisoners and “freemen” are all violators of the law.
The only difference between the two is that prisoners are charged and convicted of their crimes, while the “freemen”
are not charged of their crimes or even if charged they cannot be convicted.
D. No. When those prisoners committed heinous crimes they stripped themselves of their humanity and are clothed
with the status of a beast, thereby effectively forfeiting their human rights under the Constitution.

II. FACT: Suppose Congress passed a law defining and punishing a certain sexual assault as rape and imposed the
penalty of castration instead of the death penalty. Said law was approved by the President but it was not promulgated
through publication in the Official Gazette or in a newspaper of general circulation. Juan was convicted by the trial court
for violation of said law. What aspect of due process is violated?
A. The substantive aspect of due process is violated because the law is unjust, unreasonable, and arbitrary as it imposed
an unconscionable and inhumane punishment; and it lacks the element of promulgation since it was not published
in the Official Gazette or in a newspaper of general circulation.
B. The procedural aspect of due process is violated by said law because castration involves the intervention of medical
expert as it requires surgical operation.
C. The substantive aspect of due process is violated because the President has signed it into law notwithstanding the
objectionable provisions of said law.
D. Due process is not violated. If death which terminates life is allowed as a penalty, then it is with more reason that
castration is allowed because it merely mutilates the organ of reproduction without extinguishing human life.

III. FACT: Suppose that Congress passed a law authorizing the DENR Secretary to impose a penalty for certain illegal
acts as destruction of the natural resources. Pursuant to said law, the DENR Secretary imposed a penalty of 10 years and
one day to 15 years of imprisonment for anyone who cuts a tree without DENR Permit. Is the law valid?
A. Yes. The Department Secretary was authorized by Congress to promulgate rules and regulation for the
implementation of said law and such rules and regulations so implemented had adopted the penalties provided by
the law; hence, valid for being not overbreadth.
B. Yes. The implementing rules and regulations faithfully adopted the provisions of the law;
C. No. The DENR is not a competent authority to enact a law. Congress is the only branch of government vested by the
Constitution with legislative power to fix a penalty for a criminal offense.
D. No. The police officers should have first obtained a warrant from the court before they effected the arrest, and having
failed to do so, it follows that the court did not acquire jurisdiction over the person of the accused.

IV. FACT: Emilio had long suspected that Alvin, his employee, had been passing trade secrets to his competitor, Randy,
but he had no proof. One day, Emilio broke open the desk of Alvin and discovered a letter wherein Randy thanked Alvin
for having passed on him vital trade secrets of Emilio. Enclosed in the letter was a check for P50,000 drawn against the
account of Randy and payable to Alvin. Emilio then dismissed Alvin from his employment. Emilio’s proof of Alvin’s
perfidy are the said letter and check which are objected to for having been obtained through an illegal search. Alvin filed
a suit assailing his dismissal. Rule on the admissibility of the check as evidence against Alvin.
A. The check is admissible against Alvin, because the constitutional prohibition against unreasonable searches and
seizures is a restraint upon the Government and not upon private parties.
B. The check is admissible against Alvin, because it is a conclusive proof of his perfidy and illegal acts which has caused
damage against his employer.
C. The check is not admissible against Alvin, because it was obtained without search warrant issued by the court;
D. The check is not admissible against Alvin, because it was obtained in violation of Alvin’s right to privacy of
communication and correspondence; it being the fruit of a poisonous tree.

V. Based on the preceding number, is the letter admissible against Alvin as proof of his illegal act?
A. Yes. The letter is admissible against Alvin, because the constitutional prohibition against unreasonable searches and
seizures is a restraint upon the Government and not upon private parties.
B. Yes. The letter is admissible against Alvin, because it is a conclusive proof of his perfidy and illegal acts which has
caused damage against his employer.
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C. No. The letter is not admissible against Alvin, because it was obtained in violation of Alvin’s right to privacy of
communication and correspondence; it being the product of an illegal search or the “fruit of a poisonous tree”
because the letter was seized without judicial warrant.
D. None of the given answers is applicable.

VI FACT: Children who are members of the religious sect have been expelled from their respective public schools for
refusing, on account of their religious belief, to take part in the flag ceremony which includes the singing of the national
anthem, saluting the Philippine flag and reciting the patriotic pledge. The students and their parents assail the expulsion
on the ground that the school authorities have acted in violation of their right to free public education, freedom of
speech, and religious freedom and worship. Is the expulsion valid?
A. Yes. The requirement of participation on the flag ceremony and singing of the National anthem is a valid exercise by
the State of its police power of which freedom of religion must be subordinated; hence, the school authorities are
authorized by law to expel pupils or students for their refusal to participate in the Flag Ceremony.
B. No. The students cannot be expelled from school. To compel students to take part in the flag ceremony when it is
against their religious belief will violate their religious freedom. Their expulsion also violates the duty of the State
under the Constitution to protect and promote the rights of all citizens to quality education and make such education
accessible to all.
C. No. Their expulsion will violate the students’ right to due process and equal protection of the laws.

VII FACT: Saint Therese College did not allow certain of its students to graduate on grounds of immorality and
indecency based on the alleged acts of said students in going to night clubs virtually naked and posting such naked
appearance on Facebook. The students argued that their virtual naked appearance posted on Facebook is protected by
the freedom of expression and right to privacy. The College contended that it acted pursuant to its academic freedom and
its duty to instill moral values to the youth. The trial and appellate courts decided in favor of the students. The College
elevated the case to the Supreme Court. Is the act of Saint Therese College in expelling it students a valid exercise of
academic freedom?
A. Yes. The argument of the students cannot prevail against the academic freedom of the College and its constitutional
duty to instill moral and spiritual values to the youth. Their acts of appearing virtually naked in night clubs and
posting such appearance on Facebook is no longer confined in private but had already exposed them to the public.
B. Yes. The disallowance of said students from graduating for having exhibited their nakedness in public is a valid
exercise of the police power of the State.
C. No. The acts of the students in appearing virtually naked in night clubs and posting such appearance on Facebook is
a valid exercise of individual freedom protected under the freedom of expression clause and the right to privacy
clause.
D. No. The act of the College in not allowing the students to graduate for having appeared virtually nude in public is
arbitrary and unreasonable because it is not relevant to its academic freedom.

VIII FACT: One day a bus conductor found a man’s bag left in the bus. When the conductor opened the bag, he found a
calling card, with the owner’s name (Dante Galang) and address, and a small plastic bag containing a white powdery
substance. He brought the powdery substance to the National Bureau of Investigation (NBI) for examination and it was
found out to be methamphetamine hydrochloride or shabu, a prohibited drug. Dante Galang was subsequently traced
and brought to the NBI Office where he admitted ownership of the handbag and its contents. In the course of the
interrogation by NBI agents, and without the assistance of counsel, Galang was made to sign a receipt for the plastic bag
and its shabu contents. Galang was charged with in court with illegal possession of prohibited drugs. Is the plastic bag
and its contents admissible in evidence against Galang?
A. Yes. The plastic bag and its contents are admissible in evidence, since it was not the NBI but the bus conductor who
found and opened the bag and brought it to the NBI Office. The constitutional right against unreasonable search and
seizure is a restraint upon the government. It does not apply so as to exclude evidence which came into the
possession of the Government through a search made by a private person.
B. Yes. The plastic bag and its contents should be admitted in evidence against the accused to ensure the prosecution
and conviction of criminals as they are a scourged to the society.
C. No. The pieces of evidence against the accused are products of illegal search or fruits of a poisonous tree because
they were obtained by the NBI without search warrant.
D. No. The Constitution mandates that the right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures shall be inviolable.

IX FACT: Based on the preceding number, is the signature of Galang for the receipt of the bag and its contents
admissible in evidence against him?
A. Yes. The facts of the case show that Galang had voluntarily and freely signed the receipt of the bag or articles
without being forced or coerced by the NBI agents. Hence, such signed receipt should be admitted as evidence of
voluntary admission of guilt.
B. Yes. The acts of Galang in signing voluntarily the receipt of the bag or articles amounts to a waiver of his rights and is
an indication of voluntary extrajudicial confession of guilt.
C. No. The receipt which Galang signed without the assistance of counsel is inadmissible in evidence even if the
signature was freely and voluntarily affixed. Since the receipt is a document admitting the offense charged, Galang
should have been assisted by counsel as required by the Constitution;
D. None of the above.

Prepared by: Reviewed by: Approved by: Noted by:

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GALAO G. LOMIOAN, AB; LLB. MARK P. CIANO, BS CRIM; MS CRIM TROFIMA M. PANGONILO, ED. D.
JOSSETTE Y PEREZ-DAES, RN; MAED
Classroom Teacher Dean V.P. Academics School
President