ANSWER KEY
CRIMINAL LAW II 6. C. No, their suggestion is incorrect. The
PRE-MIDTERM LONG TEST
INSTRUCTIONS
1. This Pre-Midterm Long Test consists of
THREE (3) PARTS. The questionnaire itself is
eight (8) pages long.
2. In Part 1, there shall be twenty five (25)
Multiple Choice Questions. Read each question
carefully and note the issue emphasized in each
question. From the choices given, choose the
BEST ANSWER. Each correct answer is
accorded 2 points. You only get one try for each
item, so do not answer immediately if you are
unsure. NO ERASURE or CHANGING OF
ANSWERS SHALL BE ALLOWED FOR THIS
PART.
3. Part 2 contains ten (10) modified True or
False Questions. If the statement given is TRUE,
then you simply write TRUE. If the statement is
FALSE, then you shall need to thoroughly
explain why the statement is false. Provide the
legal basis for your answers. Each correct
answer is accorded 3 points.
4. Part 3 consists of only one (1) Essay question
with three (3) sub-questions. Utilize the ALAC
(Answer, Legal Basis, Application, Conclusion)
method in answering the question. Read the
entire problem carefully and note the issue
emphasized in each sub-question. This entire
part is worth 20 points.
5. The entire long test has a total of ONE
HUNDRED (100) points.
6. You are given only two hours to complete this
test, so manage your time well. Please do not
write anything on this test paper. Good luck!
PART 1.MULTIPLE CHOICE QUESTIONS
(50)
1. B. Quasi-Recidivism
2. C. No. Prudencio’s commandeering of
women to satisfy the lust of the Chinese
soldiers is not treasonous even though the
women and the entertainment helps to make
life more pleasant for the enemies. This is
because they do not tend to increase the
strength of the Chinese, nor do the acts
weaken our defense.
3. A. hostes humani generis
4. D. All of the above
5. A. Rebellion
1
crime committed by the policeman in this
case is Violation of Domicile, not merely
Trespass to Dwelling. Mal, being a public
officer, was not acting as a private
individual when he forcibly entered the
house of Alina and searched the same.
7. A. Criticizing the government for specific
acts of incompetence, failure in the
implementation of governmental programs
and other fair commentaries.
8. B. Illegal Use of Uniforms and Insignia
9. A. Misprision of Treason
10. B. Mutilation of Coins
11. D. Cecil is guilty of Direct Assault,
punished under paragraph 2 of Article 148
of the RPC because she caused an injury to
May while the latter was performing her
duties as a person in authority.
12. C. No. This is because of the requirement
that the assertion of a falsehood, in Perjury,
must be made willfully and deliberately.
Hence, good faith or lack of malice is a
defense in perjury.
13. C. No. When Helen certified that she was
eligible for the position, she practically
wrote a conclusion of law. Hence, she may
not be declared guilty of falsification
because Art 171 punishes untruthful
statements in narration of facts.
14. B. 36
15. D.They are liable for Delivery of a Prisoner
from Jail. The crime is not only committed
by removing the prisoner from an
establishment that the prisoner is confined in
but also by helping said person to escape
“by other means".
16. D. Under this principle, all crimes, whether
punishable under special or general law,
which are mere components or ingredients,
or committed in furtherance thereof, become
absorbed in the crime of rebellion and
cannot be isolated and charged as separate
crimes themselves. As an exception, acts
committed with the offender’s own personal
motives, however, shall be charged as
separate common crimes.
ANSWER KEY
17. C. Prostitution PART 2. MODIFIED TRUE OR FALSE (30)
1. FALSE. The crime of Treason may be
18. B. She should file a complaint for Evasion
penalized even when the treasonous act is
of Service of Sentence under Article 157 of
committed outside the Philippines, because
the RPC. One who, sentenced to destierro by
it has extraterritorial application.
virtue of final judgment, and prohibited
2. FALSE. A public officer or employee who
from entering a certain locality, enters it
shall detain any person for some legal
within the period of his or her sentence, is
ground and shall fail to deliver him to the
guilty of evasion of sentence under Article
proper judicial authorities within the legal
157.
period, may be criminal prosecuted.
HOWEVER, the charge for which the
19. C. Prostitution
person has been detained and indicted
cannot be dismissed as they are two separate
20. A. Arbitrary Detention. The intent to prevent
offenses which shall proceed independently
the departure of the DENR Officials against
of each other.
their will is clear. Actual physical restraint is
3. FALSE. The possessor of a falsified
not necessary. So long as there is any
document is presumed to be the author of
deprivation of liberty against the will of the
the falsification.
victim by a public official who has no
4. FALSE. Weekends (Saturdays and
authority to do so, there is arbitrary
Sundays) are included in the computation of
detention.
the period prescribed by law for the filing of
complaint/information in courts in cases of
21. B. Persons in Authority
warrantless arrests, in relation to Art. 125 of
the Revised Penal Code.
22. C. Violation of Article 131 - Prohibition,
5. FALSE. A public officer or employee who
Interruption and Dissolution of Peaceful
either expels any person from the
Meetings
Philippines or compels a person to change
residence without legal authority commits
23. A. No, Virgil's change of citizenship is not a
the crime of Expulsion.
valid defense in the crime of Treason. Since
6. TRUE.
he already performed the traitorous act, his
7. FALSE. In conducting a search of a
change in citizenship becomes irrelevant.
domicile, law enforcement must first
or B. No, Virgil's denouncement of Filipino diligently determine whether the house
citizenship by joining the armed forces of a owners or any of his family members are
foreign country cannot be used by him as a present before they can seek the help of two
defense against the charge of Treason. If such (2) residents of the place where the house or
contention would be sustained, the very crime structure to be searched is located. so that
would be the shield that would protect him from the search may be conducted immediately.
punishment. 8. FALSE. A Sangguniang Bayan Secretary
who alters the contents of a municipal
24. D. Altering the Date of Marriage of Parents
ordinance which penalizes illegal parking
in a Child's Certificate of Live Birth
within the municipality, by changing the
amount of the fine from P1,000 to P5,000
25. A. Father David did not commit a crime.
commits the felony of Falsification of
This is because he is duty bound not to
Legislative Document under Art. 170 of the
disclose anything a penitent confesses to
RPC.
him. The same is considered privileged
9. FALSE. In usurpation of official functions,
information. or B. Father David did not
it is important to establish that the offender
commit a crime because the conspiracy
performed an act pertaining to a person in
involved is one to commit rebellion, not a
authority or public officer, in order for him
conspiracy to commit treason. If it were the
to be liable for Usurpation of Official
latter crime, he would have been liable for
Functions, under Art. 177 of the Revised
Misprision of Treason. Since the crime is
Penal Code.
Conspiracy to Commit Rebellion, Father
10. TRUE.
David incurs no criminal liability.

PART 3. ESSAY PROBLEM (20)

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ANSWER KEY
Ferdinand and Rodrigo were two opposing Direct Assault with Frustrated
parties in a conciliation proceeding conducted at Murder is correct.
Brgy. San Jose, Dulag, Leyte presided over by
Hon. Marcelino Bautista, the barangay
b. The Prosecutor for the Province of of
chairman. Ferdinand complained to the barangay
Leyte filed an Information against
that Rodrigo maliciously blocked his irrigation
Rodrigo before the RTC for Qualified
system; hence, resulting in the ruin of all his
Direct Assault with Murder for the death
crops. Also present in the proceedings was Hon.
of Hon. Antonio de Paz. Is the charge
Antonio de Paz, a barangay kagawad who took
correct? Explain. (6%)
charge in the investigation against Rodrigo and
confirmed that it was indeed Rodrigo who
ANS: The charge of the Prosecutor is
placed a barricade in the irrigation line of
correct.
Ferdinand. The confrontation between Ferdinand
and Rodrigo quickly turned violent when
A person who unlawfully assaults a
Ferdinand challenged Rodrigo to a fistfight.
person in authority while the latter is
Unknown to him, Rodrigo had with him a
performing or on occasion of the
firearm. Before Ferdinand could throw the first
performance of his public duties is
punch, Rodrigo shot him. Then Rodrigo
guilty of Direct Assault. It is even
proceeded to shoot Hon. Marcelino Bautista, the
qualified when the offender uses a
barangay chairman and Hon. Antonio de Paz,
deadly weapon. Moreover, if the
the barangay kagawad. A passerby, Delfin
assault results in the person in
Sabusap, who was also a barangay tanod on his
authority almost dying, the complex
way to the barangay hall for duty was the fourth
crime of Qualified Direct Assault with
person shot by Rodrigo. The barangay
Frustrated Murder results.
chairperson and the barangay tanod barely
survived. Unfortunately, both Ferdinand and Although Hon. Antonio de Paz was
Antonio de Paz, the barangay kagawad lost their not performing his public functions at
lives at the hands of Rodrigo. the time he was shot, he was still
attacked by reason of the
a. The Prosecutor for the Province of of
performance of the said functions.
Leyte filed an Information against
This is because he investigated the
Rodrigo before the RTC for Qualified
matter which is the subject of the
Direct Assault with Frustrated Murder
conciliation proceedings. This,
for the injuries suffered by Hon.
coupled with the fact that Hon. De
Marcelino Bautista. Is the charge
Paz almost died if not for the medical
proper? Explain. (6%)
attention given to him, it can be
ANS: The charge of the Prosecutor is concluded that the charge of Qualified
correct. Direct Assault with Frustrated
Murder is correct.
A person who unlawfully assaults a
person in authority while the latter is
performing or on occasion of the c. The Prosecutor for the Province of of
performance of his public duties is Leyte filed an Information against
guilty of Direct Assault. It is even Rodrigo before the RTC for Qualified
qualified when the offender uses a Direct Assault with Frustrated Murder
deadly weapon. Moreover, if the for the injuries suffered by Delfin
assault results in the person in Sabusap. Is the charge proper? Explain.
authority almost dying, the complex (8%)
crime of Qualified Direct Assault with
Frustrated Murder results. ANS: The charge of the Prosecutor is
incorrect.
When Hon. Marcelino Bautista was
shot by Rodrigo he was performing
A person who unlawfully assaults a
his official functions. This, coupled
person in authority while he is
with the fact that Hon. Bautista
performing or on occasion of the
almost died if not for the medical
performance of his public duties is
attention given to him, it can be
guilty of Direct Assault.
concluded that the charge of Qualified

3
ANSWER KEY
In this case, it is admitted that Delfin
Sabusap is an agent of a person in
authority considering that he is a
barangay tanod. However, he was not
performing his official duties when he
was shot. Rodrigo also did not shoot Prepared by:
him because of his performance of his ANGELICA GRACE GABRIANA-REYES
official functions. Delfin Sabusap was
March 25, 2023
a mere passerby at the time. Hence, it
is incorrect to charge Rodrigo with
Qualified Direct Assault with
Frustrated Murder for the injuries
suffered by Delfin Sabusap.

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