Republic of the Philippines

SOUTHEAST ASIAN INSTITUTE OF TECHNOLOGY

Municipality of Tupi, South Cotabato

DEPARTMENT OF CRIMINOLOGY
Midterm Examination
Wednesday, April 4, 2024 06:00 p.m. 730:00 p.m.
-----------------------------------------------------------------------------------------------------
CRIMINAL JURISPRUDENCE AND PROCEDURE

SET A – MULTIPLE CHOICE

INSTRUCTION: Select the correct answer for each of the following questions.
Mark only one answer for each item by shading the box corresponding to the letter
of your choice on the answer sheet provided. STRICTLY NO ERASURES
ALLOWED. Use pencil no. 1 only.

1. Any Filipino citizen who levies war against the Philippines or adheres to her
enemies, giving them aid or comfort within the Philippines or elsewhere is
guilty of ______.

A. Treason C. Rebellion
B. Quo de etat D. Insurrection

2. An alien, residing in the Philippines who commits the act of ________shall

be punished by reclusion perpetua.

A. Treason C. Rebellion
B. Quo de etat D. Espionage

3. Any person, without authority therefor, enters a warship, fort, naval or

military establishment or reservation to obtain any information, plans,
photographs, or other data of confidential nature relative to the defense of
the Philippine Archipelago may be guilty of ______.

A. Treason C. Violation of neutrality

B. Espionage D. None of these

4. Arbitrary detention is committed by _______;

A. Public officer C. Agent of person in authority

B. Private individual D. All of the above

5. Delay in the delivery of detained persons to the proper judicial authorities is

committed by the public officer or _____.

A. Private individual C. Officer of the court

B. Agent of the public officer D. None of these

Page 1 of 8
6. Violation of domicile may be committed by any public officer or employee
who, not being authorized by judicial order, shall enter any dwelling _____.

A. Against the will of the owner thereof

B. To search papers or other effects found therein
C. Surreptitiously entered the said dwelling
D. None of these

7. When a public officer or employee who shall prevent or disturb the

ceremonies or manifestations of any religion shall be held guilty of the crime
of _________.

A. Prohibition, interruption, and dissolution of peaceful meetings

B. Interruption of religious worship
C. Offending religious feelings
D. None of these

8. Coup d’ etat is a swift attack accompanied by violence, intimidation, threat,

strategy or stealth directed against duly constituted authorities of the
Republic of the Philippines or any military camp or installation,
communication networks, public utilities or other facilities needed for the
exercise and continued possession of power, singly or simultaneously
carried out anywhere in the Philippines by ______

A. Any person or persons C. Any public office or employment

B. military or police D. None of these.

9. A proposal to commit coup d’etat is _________.

A. Punishable by the Revised Penal Code

B. Only punishable if done by a civilian
C. Committed when civilian join forces with the military or police
D. None of these

10. Sedition is committed by persons who rise publicly and tumultuously in

order to attain by force, intimidation or by other means outside of legal
methods with the object to ___

A. Prevent promulgation or execution of any law

B. Holding any popular election
C. Prevent the National Government, or any provincial or municipal
government or any public officer thereof from freely exercising its or his
function or prevent the execution of any administrative order
D. All of the above

11. Conspiracy to commit Sedition is punishable when _____.

A. It is done jointly or in coordination with the military or police

Page 2 of 8
 B. It is done by civilian alone
C. It is done by military or police officers alone
D. None of these

12. Mr. Juanma Uy while heavily intoxicated with alcoholic drinks went inside
the halls of the Senate of the Republic of the Philippines while the same is in
session, grabbed the microphone of the Senate President and declared in a
loud voice, “Let us go to war with China!”. What crime is he guilty of?

A. None at all C. Inciting to sedition

B. Inciting to commit Rebellion D. Disturbance of proceedings

13. Any public officer who shall agree to perform and act constituting a crime,
in connection with the performance of his official duties, in consideration of
any offer, promise, gift, or present, received by such officer personally or
through the mediation of another is guilty of _____.

A. Indirect bribery C. Direct bribery

B. Qualified bribery D. None of these

14.Which of the following crimes over which the Philippine laws have
jurisdiction even if committed outside the country?

A. Espionage C. Treason
B. Piracy and Mutiny D. All of these

15.In filling a complaint or information, how is the real nature of the crime
charged determined?

A. Law specifically violated;

B. Facts recited in the complaint or information;
C. Title at the charge sheet;
D. Evidences to be presented.

16.Which of the following is NOT true?

A. In justifying circumstance, there is no civil liability except in causing

damage to another in state of necessity;

B. A person who acts by virtue of a justifying circumstance does not

transgress the law because there is nothing unlawful in the act as well as the
intention of the actor;

C. NONE of these
D. In exempting circumstance there is a crime but there is no criminal.

Page 3 of 8
17.For a waiver of the rights of a person under custodial investigation to be
valid, how must it be made?
A. All of these
B. Voluntarily, intelligently and knowingly;
C. Waiver in writing;
D. With counsel presence and assistance.

18.The legal duty of a prosecuting officer to file charges against whomsoever

the evidence may show to be responsible for the offense means that
___________.

A. NONE of these

B. Prosecutor has no discretion at all;

C. Prosecutor has all the discretion;

D. Discretion in determining evidence submitted justifies a responsible belief

that a person committed an offense.

19.What is the period of prescription of crimes punishable death, reclusion

perpetua or temporal?
A. 15 years
B. 5 years
C. 20 years
D. 10 years

20.Which one of the following does not belong to the group?

A. Lack of skill
B. Imprudence
C. Negligence
D. Intent

21._______________ are facts and circumstances that would lead a reasonably

discreet and prudent man to believe that an offense has been committed and
that the object sought in connection with the offense are in place to be
searched.

A. Probable cause
B. Warrant of arrest
C. NONE of these
D. Search warrant

22. What are those circumstances that affect criminal liability because of the
conditions, which make the act voluntary, or that negligence is wanting as an
agent of the crime.

Page 4 of 8
 A. Exempting circumstance C. Mitigating circumstance
B. Justifying circumstance D. Aggravating circumstance

23.Who among the following is NOT an agent of a person in authority?

A. Post master C. All of them

B. Policemen D. Municipal treasurer

24. What is the importance of classifying felonies based on gravity of penalty?

A. All of these
B. It ascertains whether the suspect is detainable or not;
C. It gives a period that he may be legally detainable;
D. It determines whether the case if for inquest or not.

25. Crimes against religious worship are of two kinds: One is interruption of
religious worship and the other is _____________.

A. NONE of these
B. Usurpation of power
C. Offending the religious feelings
D. Revelation of religious secrets

26. Which of the following is a continuing offense?

A. After uttering defamatory words against the offended party, the accused
attacked and assaulted the later, resulting in slight physical injury;

B. NONE of these

C. A thief takes from the yard of a house two game roosters belonging to two
different persons;

D. The accused after robbing one house proceeded to rob another house and
then to another house where the third robbery was committed.

27. What personal property CANNOT be seized?

A. Property used or intended to be used as a means of committing an offense;

B. Property stolen or embezzled and other proceeds or fruits of the offense;

C. Any property that can be used as evidence to prosecute the offender;

D. Property subject of the offense.

28. It is said that searches of house, room or premises, should be made in the
presence of two witnesses. Who are these witnesses supposed to be?

Page 5 of 8
 A. Two members of his family
B. Two lawful occupants thereof
C. NONE of these
D. Witnesses of sufficient age and discretion residing in the same locality.

29.There is _______ when the criminal act is performed with deliberate intent.
A. Freedom of action
B. Fault
C. Dolo or deceit
D. None of these

30.When the wrongful act results from imprudence, negligence, lack of

foresight or lack of skills then there is:
A. Dolo
B. Deceit
C. Fault or culpa
D. Malice

31. If the accused is lawfully arrested without a warrant of arrest for a grave
offense, he can only be detained within this period, otherwise he
will be released after____.

A. 36 hours
B. 18 hours
C. 12 hours
D. 72 hours

32.The penalty of reclusion temporal prescribes in:

A. 20 years
B. 15 years
C. 10 years
D. 5 years

33. It refers to the final determination by a Court of competent jurisdiction of

the issues submitted to in a case such that after it is issued, the case ends if
the losing party does not appeal.

A. Appeal C. Subpoena
B. Summons D. Judgment

34. It is also known as “crime of the giver” when a private person gives money
to a public officer so that he will do something favorable to the giver –

Page 6 of 8
 A. Direct bribery
B. Indirect bribery
C. Corruption of a public official
D. Accused is pregnant

35. It is the crime committed when a public officer uses public funds for his
own personal benefit or for the benefit of another person.

A. Illegal use of public funds

B. Malversation of public funds
C. Plunder
D. Estafa

Page 7 of 8
 SET B
Definition of Terms

Instruction: Select 15 from the 30 legal terminologies given and define each.

1. Serious illegal detention

2. Grave coercion
3. Acts Of Lasciviousness
4. Adherence
5. Agent Of Person In Authority
6. Aid or Comfort
7. Alarms and Scandal
8. Allegiance
9. Charivari
10. Conspiracy
11. Coup d' Etat
12. Customs
13. Decency
14. Delay in the Delivery of Detained Persons
15. Dereliction of Duty
16. Direct Assault
17. Direct Bribery
18. Indirect Bribery
19. Duel
20. Espionage
21. False Testimony
22. Forgery
23.Grave scandal
24. Illegal Detention
25. Illegal Exactions
26. Illegal marriage
27. Imprudence
28.Insurrection
29. Malfeasance
30. Negligence

Page 8 of 8