PRELIMINARY EXAMINATION IN CRIMINAL LAW 2

1. It is a breach of allegiance to a government, committed by a person who swears allegiance

to it.
a. Rebellion
b. Sedition
c. Insurrection
d. Treason
2. What is the treatment of common crimes committed in furtherance of the crime of treason?
a. They are separate crimes
b. They will be complex with the crime of treason
c. They will become an element of the crime of treason
d. They will be disregarded
3. It 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 the advantage of any foreign nation.
a. Espionage
b. Treason
c. Rebellion
d. Coup d’etat
4. Pedro burns a Chinese Flag. China then banned the entry of Filipinos in their country. The
act of China is called?
a. Compliment
b. Reprisal
c. Commendation
d. Resentment
5. They are communications by means of letters or they may refer to the letters which pass
between those who have friendly or business relations.
a. Friendly agreement
b. International comity
c. Correspondence
d. None of the above
6. It means any water on the sea coast which are without the boundaries of the low water
mark although such water may be in the jurisdictional limits of a foreign government, parts
of the sea that are not included in the exclusive zone, in the territorial seas, or in the internal
waters of the state, or in the archipelagic waters of an archipelagic state.
a. Inner waters
b. Philippine seas
c. High seas
d. Archipelagic waters
7. Which of the following is not a crime against the fundamental laws of the State?
a. Searching domicile without witnesses
b. Illegal associations
c. Prohibition, interruption, and dissolution of peaceful meetings
d. Interruption of religious worship
8. Should the person arrested without a warrant opt to avail his right to a preliminary
investigation, what must he execute?
a. He should waive in writing his rights under Article 125.
b. He should waive in writing or orally his rights under Article 125.
c. He should waive in writing his rights under Article 126.
d. He should waive in writing or orally his rights under Article 126.
9. The following are the modes of committing the crime of violation of domicile.
a. Entering any dwelling against the will of the owner thereof
b. Searching papers or other effects found therein without the previous consent of such
owner
c. Refusing to leave the premises after having surreptitiously entered the said dwelling
and after having been required to leave the same
d. All of the above
10. Which of the following is not a crime against public order?
 a. Rebellion
b. Coup d’etat
c. Treason
d. Insurrection
11. The object of the movement is completely to overthrow and supersede the existing
government.
a. Sedition
b. Treson
c. Rebellion
d. Coup d’etat
12. Which of the following is not punishable act under the crime of sedition?
a. The offender prevents the promulgation or execution of any law or the holding of
any popular election
b. The offender prevents the national government, or any public officer from freely
exercising its or his functions, or prevent the execution of any administrative order
c. The offender inflicted any act of hate or revenge of any person or property of any
public officer or employee
d. The offender prevents, for any personal or social end, any act of hate or
revenge against private persons or any social cases
13. 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. Alarm
b. Outcry
c. Sedition
d. Charivari
14. 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. Allegiance
b. Resistance
c. Citizenship
d. Residency
15. Which of the following is not an element of the crime violation of neutrality?
a. There is a war in which Philippines is not involved
b. A regulation is issued by a competent authority to enforce neutrality
c. Offender violates such regulation
d. None of the above
16. Which of the following is not an element of the crime flight to enemy’s country?
a. Existence of war in the Philippines is involved
b. Offender owes allegiance to the Philippines
c. Offender was able to flee or go to enemy country
d. Going to enemy country I prohibited by competent authority
17. As a general rule, who are liable in the crimes against the fundamental laws of the State?
a. Any person
b. Private person
c. Public officers
d. Private and public officers
18. When is detention considered arbitrary involving cases punishable by light penalties or their
equivalent?
a. When he fails to deliver such person to the proper judicial authorities within 36
hours
b. When he fails to deliver such person to the proper judicial authorities within 24
hours
c. When he fails to deliver such person to the proper judicial authorities within 18
hours
d. When he fails to deliver such person to the proper judicial authorities
within 12 hours
19. The following are punishable by acts of the crime of delaying release.
a. Delaying the performance of judicial or executive order for the release of a prisoner
b. Unduly delaying the service of notice of such order to said prisoner
 c. Unduly delaying the proceedings upon any petition for the liberation of such person.
d. All of the above
20. Proposal to throw hand grenade in a public place, intended to cause commotion and
disturbance, as an act of hate and revenge against the police force is considered as inciting
to sedition.
a. True
b. False
c. Maybe
d. None of the above
21. It 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. Mutiny
b. Piracy
c. Brigandage
d. Fence
22. What court has jurisdiction over piracy committed in the high seas?
a. Only the courts which has the jurisdiction over the residence of the accused
b. Only the courts which has the jurisdiction over the citizenship of the accused
c. International court of justice
d. Jurisdiction is with any court where offenders are found or arrested
23. Which of the following is not a case of arbitrary detention?
a. Detaining a person without legal ground
b. Delay in the delivery of detained persons to the proper authorities
c. Delaying release
d. Illegal arrest
24. When is the detention considered arbitrary involving case punishable by afflictive penalties or
their equivalent?
a. When he fails to deliver such person to the proper judicial authorities
within 36 hours
b. When he fails to deliver such person to the proper judicial authorities within 24
hours
c. When he fails to deliver such person to the proper judicial authorities within 18
hours
d. When he fails to deliver such person to the proper judicial authorities within 12
hours
25. What is the crime committed by any person who, without reasonable ground, arrests or
detains another for the purpose of delivering him to the proper authorities?
a. Unlawful arrest
b. Illegal detention
c. Arbitrary detention
d. Grave coercion
26. Is there a need for a formal declaration of the existence of war in the crime of treason?
a. Yes
b. No
c. Maybe
d. I don’t know
27. If actual acts of treason are committed after the conspiracy or after the proposal is accepted,
what crime is committed?
a. Proposal to commit treason
b. Treason
c. Conspiracy to commit treason
d. All of the above
28. Under the Revised Penal Code, which of the following is not an element of the crime of
piracy?
a. Vessel is on high seas or in Philippine waters
b. Offenders are members of its complement or passengers of the vessel
c. Offenders attack that vessel
d. Offender seize the whole or part of the cargo of said vessel, its equipment or
personal belongings of its complement or passengers
29. What are the special qualifying circumstances that will produce the crime of qualified piracy?
a. Seizure of the vessel by boarding or firing upon the same
b. Abandonment of the victims without any means of saving themselves
c. When the crime is accompanied by murder, homicide, physical injuries or rape
d. All of the above
30. What is the minimum period of detention required in order for one to be liable for the crime
of arbitrary detention?
a. 3 days
b. No minimum period
c. 7 days
d. 24 hours
31. Can sedition be committed by one person?
a. Yes
b. No
c. Maybe
d. I don’t know
32. If the person arrested does not want to waive his rights under Article 125 what is the duty of
the arresting officer?
a. File immediately the case for the conduct of preliminary investigation
b. The arresting officer will have to comply with Article 125
c. The arresting officer must release the person arrested before he can file the case in
the proper judicial authority
d. Coerce the arrested person to waive his rights under Article 125
33. Who can order a person to change his residence?
a. By the President through executive order
b. By the Congress by virtue of law
c. By a final judgment issued by the court
d. No one
34. When committed outside the Philippine territory, our courts do not have jurisdiction over the
crime of
a. Treason
b. Piracy
c. Espionage
d. Rebellion
35. What is the crime committed by a public officer who discloses to the representative of a
foreign nation the contents of the articles, data or information of a confidential nature
relative to the defense of the Philippine archipelago which he has in his possession by reason
of the public office he holds?
a. Espionage
b. Disloyalty
c. Treason
d. Violation of neutrality
36. What is the criminal liability, if any, of a private person who enters the dwelling of another
against the latter’s will and by means of violence or intimidation for the purpose of
preventing some harm to himself?
a. The private person is criminally liable for qualified trespass to dwelling
b. The private person is criminally liable for simple trespass to dwelling
c. The private person incurs no criminal liability
d. The private person is criminally liable for light threats
37. How many witnesses are needed in order to prove the overt act of giving aid or comfort a
mode of committing the crime of treason?
a. By one witness
b. By two witnesses
c. By three witnesses
d. By four witnesses
38. Which of the following is not an element of the crime offending religious feelings?
a. The offender is a public officer only
b. Acts complained of were performed in a place devoted to religious worship (not
necessary that there is religious worship)
 c. Acts complained of were performed during the celebration of any religious ceremony
d. Acts must be notoriously offensive to the feelings of the faithful
39. Who are liable in the crime of rebellion?
a. Leaders
b. Followers
c. Listeners
d. Only A and B
40. Which of the following is not a legal ground for detention?
a. Suspected of a crime
b. Violent insanity or other ailment requiring compulsory confinement of the patient in a
hospital
c. Suspect if caught in flagrante delicto
d. Escaping prisoners
41. It is a status under international law, by means of a stand on the part of a State not to side
with any of the parties at war.
a. Immunity
b. Neutrality
c. Correspondence
d. Nonparticipation
42. Which of the following is not an element of the crime of misprision of treason?
a. Offender must be owing allegiance to the government of the Philippines
b. He has knowledge of any conspiracy to commit treason against the said government
c. He conceals or fails to disclose and made known the same as soon as possible
d. Disclosure is made to the Governor, Fiscal of the province, Mayor or fiscal
of the city, barangay Chairman in which he resides.
43. May a police officer, acting by virtue of a valid warrant of arrest, who detains a person and
failed to deliver such person to proper judicial authorities within the time prescribed, be held
criminally liable?
a. Yes
b. No
c. Maybe
d. I don’t know
44. Which of the following is not a person in authority?
a. Teacher
b. Lawyer
c. Barangay Captain
d. Policeman
45. Delay in the delivery of detained persons to the proper judicial authorities is a crime
committed when the arrest made is
a. By virtue of a warrant of arrest
b. By virtue of a warrantless arrest
c. By virtue of a search warrant
d. None of the above
46. This is a crime committed by a public officer against the constitutional rights of abode and
changing the same.
a. Expulsion
b. Exclusion
c. Violation of Domicile
d. Expiration
47. Upon the opening of the session of the municipal council of San Carlos, Negros Occidental, a
large number of town residents assembled near the municipal building to demand the
dismissal from the office of the municipal treasurer, the secretary, and chief of police. The
persons who took part therein were wholly unarmed while a few carried canes. The crowd
was fairly orderly and well behaved. The council acceded to their wishes. Can they be
charged of sedition?
a. Yes
b. No
c. Maybe
d. It depends
48. While on patrol, X, a policeman, spotted Y standing in a dark street corner. X accosted Y
suspecting him to be a wanted criminal on the basis of appearance. Y had no identification
papers but he gave his name and address. X told Y he would be brought to headquarters for
questioning. When Y refused, X told him to remove his coat so he could find if he has a
tattoo on his left forearm, a mark of the wanted criminal X was hunting. Y refused again and
resisted all efforts of X by pushing and pulling him. Y is liable for?
a. Direct assault
b. Resistance
c. Disobedience
d. None of the above
49. Amy was apprehended by a patrolman for illegal parking. Amy resisted and grappled with
the patrolman. What is the crime committed?
a. Direct assault
b. Resistance
c. Disobedience
d. None of the above
50. A, a detention prisoner, was taken to a hospital for emergency medical treatment. His
followers, all of whom were armed, went to the hospital to take him away or help him
escape. What is the crime committed by the followers?
a. Evasion of service of sentence
b. Infidelity in the custody of prisoners
c. Delivery of persons from jail
d. None of the above