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Criminal Law and Jurisprudence

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This course focuses on the study of general legal ideas and principles of criminal liability and aims to provide students with an understanding of the three main elements of the justice system: the courts, policing and corrections.

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STRATFORD MAGIS LAW AND JURISPRUDENCE BOOK 2
1. One of the following belongs to the Crimes against the Law of Nations.
A. Rebellion B. Treason C. Piracy* D. Coup d etat
2. Where can the crimes against the law of nations be tried?
A. In any courts that have jurisdiction over the case* C. In the place where the crime was committed
B. In the place or residence of the victim D. In the place or residence of the accused
3. These crimes can only be committed in times of war.
A. Crimes against the law of nations C. Crimes against the national security*
B. Crimes against public order D. Crimes against the fundamental laws of the state
4. It is a breach of allegiance to a government, committed by a person who owes allegiance to it.
A. Treason* B. Rebellion C. Sedition D. Coup d etat
5. It is the obligation of fidelity and obedience which one owes to the government under which
he lives, in return for the protection he receives.
A. Adherence B. Levying C. Integrity D. Allegiance*
6. The following are the persons who may be liable for the crime of treason, except one:
A. Filipino citizens and resident aliens living in the Phil.
B. Resident alien owes temporary allegiance to the gov’t
C. An alien although living abroad but actively supporting treason activities in the Philippines*
D. Filipino citizen living abroad participated secretly
7. It means that the citizen intellectually or emotionally favors the enemies and harbors sympathies or convictions
disloyal to his country’s policy or interest. It means that there is intent to betray.
A. Adherence* B. Aid and comfort C. Integrity D. Allegiance
8. It is required to prove the same overt act of giving aid or
comfort in the crime of treason.
A. Direct evidence B. Circumstantial evidence C. Two witness* D. Corroborative evidence
9. A testified that he saw X going to the house of C in search of the latter’s revolver. B testified that when C went to the
garrison, X required C to produce his revolver. Is the two witness rule complied with?
A. Yes B. No* C. Either D. Neither
10. One witness said he heard a gun report, and saw a smoking gun in the hand of the accused and saw
the victim fall. Another witness, who was deaf, said he saw the accused raise and point the gun and saw a puff of smoke
from it. Is the two‐witness rule complied with?
A. Yes* B. No C. Either D. Neither
11. It means any act which strengthens or tends to strengthen the enemy of the government in the conduct of
war againstthe government or an act which weakens or tends to weaken the power ofthe government to resist or
to attack the enemies of the government.
A. Adherence B. Aid and comfort* C. Integrity D. Allegiance
12. A crime of treason is a- A. Formal crime* B. Material crime C. Delito continuado D. Delito compuesto
13. X, a Filipino citizen, has knowledge of treason committed by someone and does not report its commission to the proper
authorities. Can he be held liable for Misprision of Treason?
A. Yes, knowledge of treason actually committed by another
B. Yes, because he did not report it to the authorities
C. No, because the crime of treason is already committed*
D. No, the two witnesses rule must be applied
14. This crime is punished as an accessory to the crime of treason.
A. Conspiracy to commit treason B. Proposal to commit treason C. Frustrated treason D. Misprision of treason*
15. Is the offense of gathering, transmitting, or losing information respecting the national defense with intent, or there is
reason to believe that information is to be used to the injury of the Republic of the Philippines or to the advantage of
any foreign nation. A. Treason B. Espionage* C. Coup d etat D. Piracy
16. X burning the Chinese flag went viral in the social media. If China bans the entry of Filipinos, that is-
A. Retaliation B. Unlawful C. Economic sabotage D. Reprisal*
17. Is robbery or depredation in the high seas, without lawful authority and done with animo furandi (with intent to steal)
and in the spirit and intention of universal hostility.
A. Piracy* B. Mutiny C. Sea-robbery D. Hijacking
18. It is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a
ship against the authority of its commander.
A. Piracy B. Mutiny* C. Sea-robbery D. Hijacking
19. When piracy is committed and accompanied by murder, homicide, physical injuries and rape, what crime is committed?
A. Piracy and murder B. Piracy with murder C. Qualified piracy* D. Murder
20. If the aircraft is of Philippine registry but it is not in flight, the perpetrators orders the pilot to run it and fly. What crime are
they liable?
A. Piracy B. Hijacking C. Qualified hijacking D. Grave coercion*
21. In the course of the hijacking, a passenger or complement was shot and killed. What crime or crimes were committed?
A. Hijacking* B. Qualified hijacking C. Hijacking with murder D. Hijacking and murder
22. A, a police officer, and B civilian, they arrested and detained C without legal ground. A is liable for-s
A. Illegal detention B. Serious detention C. Arbitrary detention* D. Violation of domicile
23. In relation to #22, B is liable for-
A. Illegal detention B. Serious detention C. Arbitrary detention* D. Violation of domicile
24. Can a barangay chairman be guilty of arbitrary detention?
A. Yes, because he is a person in authority charge with peace and order*
B. No, because he is not member of police or NBI
C. Yes, only if the person is under his barangay
D. No, because that is not his main function
25. A police officer re‐ arrests a woman who had been released by means of verbal order of the judge. The police officer acted
without malice, but did not verify the order of release before proceeding to make the re‐arrest. He is liable for-
A. Arbitrary detention C. Unlawful arrest
B. Illegal detention D. Arbitrary detention through imprudence*
26. If the public officer who effected the arrest has no such authority to detain a person, what crime can he be made liable for?
A. Arbitrary detention C. Unlawful arrest
B. Illegal detention* D. Arbitrary detention through imprudence
27. For arbitrary detention to be committed under Art. 125, RPC, the officer was not able to file charges against the accused, if
the crime is punishable by light penalty, within the period of-
A. 6 hours B. 12 hours* C. 18 hours D. 36 hours
28. If a person is arrested pursuant to a warrant of arrest, within what period should a police officer turn over the arrested
person to the judicial authority, if the offense is grave in nature?
A. No time limit* B. 12 hours C. 18 hours D. 36 hours
29. Should the person arrested without a warrant opt to avail his right to a preliminary investigation, what must he execute?

, STRATFORD MAGIS LAW AND JURISPRUDENCE BOOK 2
34. Suppose, X, a suspected pusher lives in a condominium unit. Agents of the PDEA obtained a search warrant but the
name of person in the search warrant did not tally with the address indicated therein. Eventually, X was found but in
a different address. X resisted but the agents insisted on the search. Drugs were found and seized and X was
prosecuted and convicted by the trial court. Is the search valid-
A. Yes, because illegal contrabands were found anyway C. Yes, a search warrant has been issued against him
B. No, because X resisted on the search D. No, the search was different from the instruction of the search warrant*
35. A, B, C are leaders of the senior citizen meeting organized to secure orderly coordination with the DSWD. While the session
is on-going D, a member therein, shouted and interrupts the meeting. What crime did he commit?
A. Unjust vexation* C. Interruption of peaceful meeting
B. Dissolution of peaceful meeting D. Sedition
36. X, a private person, boxed a priest while the priest was giving homily in maligning his relative. X is liable for-
A. No crime is committed C. Serious physical injury
B. Interruption of religious worship D. Offending religious feeling*
37. The movement seeks merely to effect some change of minor
importance, or to prevent the exercise of governmental authority with respect of particular matters of subjects.
A. Rebellion B. Insurrection* C. Sedition D. Treason
38. On May 5, 1992, at about 6:00 a.m., while Governor Alegre of Laguna was on board his car traveling along the
National Highway of Laguna. Joselito and Vicente shot him on the head resulting in his instant death. At that time, Joselito
and Vicente were members of liquidation squad of the New People’s Army and they killed the governor upon orders
of their senior officer Commander Tiago. According to Joselito and Vicente, they were ordered to kill Governor Alegre
because of his corrupt practices. If you were the prosecutor, what crime did Joselito and Vicente commit?
A. Rebellion* B. Murder C. Rebellion with homicide D. Rebellion and murder
39. Is a swift attack upon the facilities of the Philippine government, military
camps and installations, communication networks, public utilities and facilities essential to the
continued possession of governmental powers.
A. Rebellion B. Insurrection C. Sedition D. Coup d etat*
40. When the person who has decided to rise publicly and take arms against the government for any of the
purposes of rebellion, proposes its execution to some other person.
A. Rebellion B. Conspiracy to commit rebellion C. Insurrection D. Proposal to commit rebellion*
41. Rebellion is a-
A. Continuing crime* B. Delito complejo C. Delito compuesto D. Formal crime
42. Suppose murder is committed in the course of sedition, what is the proper charge against the accused?
A. Sedition C. Murder C. Sedition with murder D. Sedition and murder*
43. If there is conspiracy to commit sedition, is there also a crime of proposal to commit sedition?
A. Yes B. No* C. Either D. Neither
44. Under the law on sedition, if words used tend to create a danger of public uprising, then those words could properly be
subject of penal clause, this rule is known as-
A. Clear and present danger rule C. Dangerous tendency rule*
B. Expost facto rule D. Clear and convincing rule
45. The 1987 Constitution exempts members of Congress
from arrest while Congress is in session for all offenses punishable by a penalty less than -
A. Prision mayor* B. Prision correctional C. Arresto mayor D. Reclusion perpetua
46. Suppose the illegal purpose for the gathering is for the commission of a crime punishable under special laws (i.e. the
gathering of drug lords to facilitate drug trafficking), what crime is committed?
A. Illegal assembly B. Sedition C. Illegal association* D. Organized crime group
47. Suppose the person in authority or the agent was killed when no longer performing official functions, what
crime was committed?
A. Direct assault B. Indirect assault C. Homicide* D. Quasi-delict
48. If A would attack and kill a policeman while engaged in the performance of his duties, that of maintaining peace and
order during a barangay fiesta, the crime would be –
A. Homicide with direct assault* B. Homicide only C. Direct assault only D. Homicide and direct assault
49. Any person who by direct provision of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and security of life and property.
A. Public official B. Person in authority C. Agent of person in authority* D. Government employee
50. Because of the approaching town fiesta in Gensohn City, a dance was held in Barangay Dimakita. A, the Barangay
Captain, was invited to deliver a speech to start the dance. While A was delivering his speech, B, one of the guests, went to
the middle of the dance floor making obscene dance movements, brandishing a knife and challenging everyone
present to a fight. A approached B and admonished him to keep quiet and not to disturb the dance and peace of the
occasion. B, instead of heeding the advice of A, stabbed the latter at his back twice when A turned his back to proceed to
the microphone to continue his speech. A fell to the ground and died. At the time of the incident A was not armed. What
crime was committed?
A. Murder B. Murder with direct assault* C. Direct assault and murder D. Indirect assault and homicide
51. It means to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any
of the objects of rebellion or sedition.
A. Sedition B. Incite C. Outcry* D. Charivari
52. If the offender discharges a firearm in a public place but the firearm is not pointed to a particular person when
discharged, the crime is-
A. Attempted homicide B. Alarm* C. Physical injury D. Illegal discharge
53. In relation to #52, if the firearm was directed to a particular person who was not hit if intent to kill is not proved, the crime
is-
A. Attempted homicide B. Alarm C. Physical injury D. Illegal discharge*
54. In relation to #52, if the person was hit and if there is intent to kill.
A. Attempted homicide* B. Alarm C. Physical injury D. Illegal discharge
55. In relation to #52, if the person was hit and injured but there was no intent to kill.
A. Attempted homicide B. Alarm C. Physical injury* D. Illegal discharge
56. It is a mock serenade of discordant noises made of cans, pans, kettles, tins, horns etc. designed to annoy and insult.
This brings about the crime of alarms and scandals.
A. Sedition B. Public disturbance C. Outcry D. Charivari *
57. If A, pretending to be an NBI agent, asked the jailer of prisoner B to turn the latter over him on the pretext thathe (A)
will investigate the prisoner, but after several hours of drinking liquor with B in a
store, returned the said prisoner to the
jailer, the crime of A is-
A. Giving assistance to escape C. Evasion of service of sentence
B. Delivering prisoners from jail* D. Infidelity to the custody of a prisoner
58. A jail guard who, while he was off duty, brought a released prisoner inside the jail to substitute for a detention

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