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Razul-Aparecio-Criminal Law 2 - CM3E
Contributed by: Razul-Aparecio
  • 1. Under the Revised Penal Code, treason is committed by _______________________.
A) A Filipino citizen or resident alien who levies war against the Philippines or adheres to its enemies
B) Any person who incites others to war
C) Any Filipino or resident alien who criticizes the Philippine government
D) Any public official who abuses authority
  • 2. When can treason be committed?
A) By members of the military only
B) In times of economic crisis
C) In times of war
D) During a declared national emergency
  • 3. The essential element of "adherence to the enemy" involves ______________.
A) Supporting local protests
B) Wishing the enemy to win the war
C) Filing a case against the government
D) Giving the enemy aid or comfort
  • 4. Who may be held liable for treason under the RPC?
A) Only members of the Armed Forces
B) Only natural-born Filipino citizens
C) Only resident aliens residing in the country
D) Filipino citizens and resident aliens of the Philippines
  • 5. Which of the following best illustrates the crime of treason?
A) Refusing to vote in an election
B) Publishing anti-government blogs
C) Spying for a foreign nation during peacetime
D) Paying taxes to a foreign occupying force
  • 6. What is the minimum number of witnesses required to convict someone of treason based on overt acts?
A) Three witnesses
B) Two witnesses
C) No witness needed if there is extra-judicial confession
D) One credible witness
  • 7. In the crime of searching domicile without witnesses, ______________ is always required.
A) arrest warrant
B) owner's consent
C) presence of two witnesses
D) Search warrant
  • 8. What distinguishes treason from other crimes against national security?
A) It only occurs during peacetime
B) It can be committed by any person regardless of nationality
C) It involves a betrayal of allegiance to the state
D) It is only punishable by administrative sanction
  • 9. The following are elements of treason, except:
A) The accused adheres to the enemy, giving them aid or comfort
B) There is overt participation in protests
C) There is a war in which the Philippines is involved
D) The accused is a Filipino citizen or resident
  • 10. Under Article 116 of the Revised Penal Code, Misprision of Treason is committed by a person who __________________.
A) Joins a rebellion against the government
B) Files a false report of treason
C) Conspires with others to commit treason
D) Has knowledge of treason and fails to report it without taking part in the crime
  • 11. A search warrant shall be valid for ____ days from its issuance.
A) Ten days
B) Twenty days
C) Thirty days
D) Fifteen days
  • 12. Which of the following statements is true regarding misprision of treason?
A) The offender knows about the treason and fails to report it
B) The offender must be a direct accomplice to the treason
C) The crime can be committed even without actual knowledge of the treason
D) The crime requires a conspiracy
  • 13. Gaara, a Filipino blogger, publishes online articles urging the Philippine government to attack a foreign country after a diplomatic dispute. What crime might he be liable for?
A) Sedition
B) Treason
C) Inciting to war or giving motives for reprisals
D) Espionage
  • 14. During a conflict between Country Konoha and Country Suna, which the Philippines is not part of, Juan Enrile volunteers as a soldier for Country Konoha. What crime could this constitute?
A) Treason
B) Violation of neutrality
C) Inciting war
D) Rebellion
  • 15. A retired general writes to a general of a hostile nation during wartime, reminiscing about past operations and unintentionally revealing strategic details. What crime was committed, if any?
A) Conspiracy to commit treason
B) Correspondence with a hostile country
C) Illegal possession of information
D) Espionage
  • 16. Country A and Country B are at war, a College professor from Fullbright writes an open letter addressed to Country A’s leader during wartime criticizing the Philippines and offering to mediate peace talks. Was there a crime committed?
A) Yes, for inciting war
B) Yes, for rebellion
C) Yes, for correspondence with a hostile country
D) Yes, for violation of neutrality
  • 17. A businessman distributes leaflets calling for trade blockades and public burning of foreign flags. He could be charged with ________________ due to this act.
A) Economic sabotage
B) Defamation
C) Misinformation
D) Inciting to war or giving motives for reprisals
  • 18. Pedro, a Filipino student, sends a postcard to his girlfriend residing in a hostile country during wartime without discussing politics. What is the crime committed, if any?
A) Espionage
B) Treason
C) No criminal liability
D) Correspondence with a hostile country
  • 19. A group of armed men boards a 3GO passenger ferry while sailing through the Balabac waters and robs all passengers at gunpoint. Under which law is this act punishable?
A) Presidential Decree No. 532
B) Highway Robbery Law
C) Revised Penal Code, Article 122
D) Anti-Terrorism Act
  • 20. While docked at Puerto Princesa City port, the ship captain forbade all crews and passengers from disembarking from the ship. A crew member wanting to take a stroll at Baybay starts threatening other crew and passengers with a gun to allow them to disembark. What is the crime committed,, if any?
A) Illegal possession of firearms
B) Mutiny under the RPC
C) Piracy under P.D. 532
D) Robbery in band
  • 21. If piracy is committed with homicide, rape, or physical injuries, under the RPC, the crime becomes ___________________.
A) Special complex crime of robbery with homicide
B) Complex crime of piracy with homicide
C) Qualified piracy
D) Robbery in band
  • 22. Arbitrary detention can only be committed by _______________
A) Police officers
B) Public officers or employees
C) Pubic officer without the duty to detain or order detention
D) Any private person
  • 23. What is the maximum period for a public officer to bring a person to judicial authorities if the alleged offense is punishable by light penalties?
A) 18 hours
B) 12 hours
C) 6 hours
D) 24 hours
  • 24. Officer Duterte arrests a person for violation of RA 9165 but keeps him in jail for 48 hours without filing any charges. What crime may the officer be liable for?
A) Delay in delivery to judicial authorities
B) Arbitrary detention
C) Delaying release
D) Illegal Detention
  • 25. In Article 124 (Arbitrary Detention), which of the following is not an element of the crime?
A) The person is guilty of a crime
B) The offender is a public officer with duty to arrest/detain
C) He detains a person
D) There is no legal ground for the detention
  • 26. If a warden fails to release a prisoner despite a lawful release order, he commits _______________.
A) Malicious mischief
B) Delaying release
C) Disobedience of superior orders
D) Arbitrary detention
  • 27. A mayor orders a foreigner who legally resides in his town to leave, without due process or lawful authority. This act constitutes:
A) Violation of Domicile
B) Abuse of authority
C) Expulsion under Article 127
D) Unlawful arrest
  • 28. Officer Santos detains a suspect for 8 hours for an offense punishable by arresto menor without filing charges. What violation has he committed?
A) Arbitrary detention
B) He committed no crime
C) Delaying release
D) Delay in the delivery of detained persons
  • 29. The term “judicial authorities” under Article 125 refers to ____________
A) The President
B) Judge or courts
C) Any member of the PNP
D) City or municipal officials
  • 30. Police officers enter a person’s home at 2:00 a.m. with a warrant and the occupant’s consent. What crime has been committed, if any?
A) Arbitrary detention
B) No crime was committed
C) Violation of domicile
D) Trespassing
  • 31. Officer Cruz conducts a valid search with a warrant but opens and searches rooms not included in the warrant. What is he liable for, if any?
A) Nothing, as the search warrant was issued
B) Arbitrary detention
C) Abuse in the service of a legally obtained search warrant
D) Violation of domicile
  • 32. Which of the following scenarios would not constitute a violation of domicile under Article 128?
A) Entering a house at night without a warrant or consent
B) Entering a house surreptitiously
C) Refusing to leave after being told to do so by the occupant
D) Forcing entry during the day without legal grounds
  • 33. Entry into a dwelling without a search warrant is allowed when _______________.
A) There is suspicion of a crime
B) The occupant consents
C) It is nighttime
D) The officer is off duty
  • 34. Violation of domicile under Article 128 can only be committed by _______________.
A) Homeowners
B) Any person
C) Public officers or law enforcement personnel
D) Private security guards
  • 35. A person lights firecrackers in front of a church during mass, disrupting the service. He can be charged with _______________.
A) prohibition of assembly.
B) Disturbance of proceeding
C) Disturbance of religious worship
D) Offending religious worship
  • 36. A crime committed by any person, who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by a competent authority.
A) Treason
B) Flight to Enemy’s Country
C) Violation of Domicile
D) Correspondence with a Hostile Country
  • 37. What is the primary objective of espionage?
A) To prevent criminal activities in local communitie
B) To gather confidential information for a foreign government
C) To promote international trade
D) To support public diplomacy
  • 38. If a person to whom the proposal is made agrees and decides to commit treason, said person and the proponent shall be held liable for the “crime of conspiracy to commit treason”; the proponent cannot be separately held responsible for proposal to commit treason since conspiracy to commit treason absorbs proposal to commit treason. This is known as the _____________________?
A) Doctrine of Absorption
B) Doctrine of Dissolution
C) Doctrine of Cooperation
D) Doctrine of Conspiracy
  • 39. During an armed conflict, Marco, a Filipino citizen, secretly provides enemy forces with classified information about the Philippine military’s troop locations. He also appears in an online broadcast encouraging Filipino soldiers to surrender and support the enemy. After the conflict, Marco is arrested and charged in court. Which of the following best describes Marco’s criminal liability?
A) He cannot be charged because treason applies only to government officials.
B) He can be charged with treason for giving aid and comfort to the enemy.
C) He is only liable for espionage because he shared information, not allegiance.
D) He is not liable because freedom of speech allows him to express his opinions during wartime.
  • 40. _____________ refers to the obligation of fidelity and obedience which the individuals owe to the government under which they live or sojourn.
A) Domicile
B) Allegiance
C) Citizenship
D) Nationality
E) Loyalty
  • 41. Every person owing allegiance to the government having knowledge of any conspiracy against the government who conceals or does not disclose as soon as possible to the governor or fiscal of the province is considered an ___________ to the crime of treason.
A) Conspirator
B) Accomplice
C) Accession
D) Principal
E) Accessory
  • 42. While visiting the Kalayaan Group of Islands, Donald, a foreign national, takes detailed photographs of a restricted naval installation using a high-powered camera. He was not able to send the photographs as he was intercepted by the guards. It was revealed that his purpose for coming was to get information on the naval base though he claimed he did not intend to harm the Philippines and he was not able to send the photographs anyway. Which statement is most accurate?
A) Donald is liable only if the photographs were actually used to damage national security.
B) Donald is liable for espionage because he obtained information regarding national defense regardless of his claimed intent.
C) Donald is not liable because espionage requires proof of intent to wage war against the Philippines
D) Donald is not liable because he is not a Filipino citizen owing allegiance to the Philippines.
  • 43. There was an impending war between Israel and Iran which the Philippines is not involved, to ensure safety President Marcos immediately issued an order that no Filipinos shall be allowed to go to Iran. Miss A, having procured a ticket and hotel accommodations, talked to someone in Iran and managed to get out of the Philippines and arrived at Iran. Is Miss A liable under the RPC for going to Iran?
A) Yes, Miss A is liable for violation of neutrality.
B) No, Miss A is not liable for any crime under the RPC.
C) No, Miss A is not liable under the RPC but to a special law.
D) Yes, Miss A is liable for flight to enemy’s country.
E) None of the above.
  • 44. Which is NOT an element of a crime of flight to enemy’s country?
A) The offender goes to the enemy country with intent to adhere to the enemy.
B) There is a war in which the Philippines is involved.
C) The offender secretly gathers military information before leaving the Philippines.
D) The offender must be owing allegiance to the Philippine Government.
  • 45. Piracy under the RPC is not committed when ________________.
A) The offenders seized the equipment personal belongings of the passengers.
B) The offender is a member of its complement or passengers of the vessel.
C) The vessel is on the high seas.
D) The vessel is in Philippine waters.
  • 46. __________ refers to the unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of the commander.
A) None of the above
B) Piracy under P.D. 532
C) Piracy under the RPC
D) Mutiny
E) Insubordination to superior officer
  • 47. Under P.D. 532, who can be held criminally liable for acts of piracy?
A) Only passengers of the vessel
B) Only government officials.
C) None of the above
D) Only the captain of the vessel.
E) Any person participating in the attack, whether on board or from outside the vessel.
  • 48. What are the periods of detention that are penalized?
A) 8 days, 15 days, 6 months
B) 3 days, 15 days, 12 months
C) 3 days, 18 days, 6 months
D) 3 days, 15 days, 6 months
  • 49. The period of detention for crimes punishable by correctional penalties shall be _____ in order to prevent violation of Art. 125.
A) 18 hours
B) 12 hours
C) 48 hours
D) 36 hours
  • 50. All are acts punishable under Art. 126 or Delaying Release except ___________.
A) Delaying the performance of a judicial or executive order for the prisoner’s release.
B) Unduly delaying the proceedings upon a petition for the prisoner’s release.
C) Delaying the service of notice of a judicial order directing the prisoner’s release.
D) Failing to deliver an arrested person to the proper judicial authorities within the period fixed by law.
  • 51. All are acts constituting violation of domicile except _____.
A) Refusing to leave the premises after having surreptitiously entered the dwelling.
B) Searching papers or effects inside the dwelling without the owner’s consent.
C) Entering the dwelling by virtue of a valid search warrant at night.
D) Entering a dwelling against the will of the owner without a judicial order.
  • 52. At 10:00 p.m., police officers went to Carlo’s house to question him about a theft case. Without a warrant, they knocked, and Carlo opened the door slightly. The officers immediately pushed the door open, entered the house, and began looking around. Carlo repeatedly objected and asked them to leave, but they continued searching, claiming it was part of their investigation. No emergency or hot pursuit existed. Which statement is most accurate?
A) The officers are not liable because Carlo opened the door, which amounts to implied consent to enter.
B) The officers are liable only if they actually seized property from inside the house.
C) The officers are not liable because police may enter a house anytime while conducting an investigation of a crime.
D) The officers are liable for violation of domicile because they entered and searched the house against the occupant’s will without a warrant or lawful ground.
  • 53. Police officers searched Ana’s house through a valid search warrant and in her presence. They conducted the search without any member of the household or two witnesses from the neighborhood present. Was the rime of searching domicile without witnesses committed?
A) It depends
B) No, it was not
C) Yes, it was
  • 54. All acts constitute Prohibition, Interruption, and Dissolution of Peaceful Meetings except __________.
A) Authorities disperse an assembly because it becomes violent and poses a clear danger to public safety.
B) Authorities disperse a peaceful meeting merely because they disagree with the views expressed.
C) A public officer prevents a group from holding a lawful assembly without legal justification.
D) A public officer interrupts a lawful gathering by threats, intimidation, or force.
  • 55. While a mass was being peacefully celebrated, a police officer entered the church and ordered everyone to stop without apparent reason. Is the officer liable?
A) No, because police officers may stop any public gatherings.
B) Yes, because he interrupted a religious ceremony without lawful reason.
C) No, because no one was arrested.
D) Yes, only if he used physical force.
  • 56. During a religious service inside a church, Ramon began giving a loud “comedy commentary” about the rituals, imitating the officiating minister and making sarcastic remarks that caused laughter among his companions but offended several worshippers. He claimed he was only expressing his personal views and did not intend to stop the ceremony. Which is the most accurate statement?
A) Ramon is liable because acts notoriously offensive to religious feelings, even if framed as jokes, are punishable when done in a place of worship during a ceremony.
B) Ramon is not liable because the ceremony was not actually interrupted.
C) Ramon is not liable because freedom of speech protects all expressions of opinion inside religious places.
D) Ramon is liable only if he intended to insult a particular religion.
  • 57. Police officers arrested Miguel at his home without a warrant. They did not inform him of the reason for the arrest and held him in a detention cell for three days before releasing him without charges. Which of the following best describes the offense committed?
A) Illegal Detention
B) Arbitrary Arrest
C) Delaying Release in the delivery of detained persons
D) Arbitrary Detention
  • 58. Probable cause is defined as _____________.
A) Proof beyond reasonable doubt that a person committed the crime.
B) A belief based on a tip or rumor.
C) The mere suspicion that a person may have committed a crime.
D) A reasonable ground or belief, supported by facts and circumstances, that a person has committed or is committing an offense.
  • 59. Y is a police officer who was removed from service due to corruption. He jokingly detained his friend in a makeshift cell and released him after 3 hours. Is Y liable for arbitrary detention?
A) No, Y is not liable
B) It depends
C) Yes, Y is liable
  • 60. Being a member of the organization of traitors is constitutive of an overt act of treason. True or false?
A) TRUE
B) FALSE
  • 61. A public officer may commit a violation of domicile although he is provided with a search warrant in cases of abuse in the service of search warrants or searching domicile without witnesses. True or false?
A) TRUE
B) FALSE
  • 62. Arbitrary detention is committed by any public officer or employee who detains a person without legal grounds. True or false?
A) TRUE
B) FALSE
  • 63. The crime of offending the religious feelings can only be committed by public officers
A) TRUE
B) FALSE
  • 64. The crime of arbitrary detention under Article 124 may be committed by a private individual.
A) FALSE
B) TRUE
  • 65. The crime of expulsion can be committed by any person.
A) TRUE
B) FALSE
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