University of Cebu

COLLEGE OF CRIMINOLOGY
Sanciangko St., Cebu City

Name :____________________________________ Course and Yr: ____________ Time and Date: ____________

INSTRUCTION: Please read the entire instruction carefully. After thoroughly reading the question, choose the correct answer.
Select your answer by underlining only the words that corresponds to the best answer without including the letter. Strictly NO
erasure.

I. MULTIPLE CHOICE.

1. It refers to a deliberate and aggravated treatment or punishment not considered as torture, inflicted by a person in
authority or agent of a person in authority against a person under his/her custody, which attains a level of severity causing
suffering, gross humiliation or debasement to the latter.
a. Physical Torture b. Mental Torture
c. Other cruel, inhuman and degrading treatment or punishment d. Physical Abuse

2. It is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body.
a. Physical Torture b. Mental Torture
c. Other cruel, inhuman and degrading treatment or punishment d. Physical Abuse

3. It refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or
confuse the mind and/or undermine a person's dignity and morale.
a. Physical Torture b. Mental Torture
c. Other cruel, inhuman and degrading treatment or punishment d. Physical Abuse

4. Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any
proceedings, except if the same is used as evidence against a person or persons accused of committing torture.
a. Exclusivity Rule b. Exclusionary Rule c. Inadmissibility Rule d. Evidentiary Rule

5. As per definition, it is a law stating that an individual cannot be imprisoned or held in custody inside a prison cell unless
he/she has first been brought before a court of law, which decides whether or not it is legal for the person to be kept in
prison.
a. Writ of habeas data b. Writ of Amparo c. Writ of habeas corpus d. Writ of kalikasan

6. It is an order issued by a court directing a person detaining another to produce the physical body of the detainee at a
designated time and place, and to explain the reason for the detention.
a. Writ of habeas data b. Writ of Amparo c. Writ of habeas corpus d. Writ of kalikasan

7. A remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a private individual or entity.
a. Writ of habeas data b. Writ of Amparo c. Writ of habeas corpus d. Writ of kalikasan

8. The writ shall cover extralegal killings and enforced disappearances or threats thereof.
a. Writ of habeas data b. Writ of Amparo c. Writ of habeas corpus d. Writ of kalikasan

9. It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an
unlawful act of any official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of
data or information.
a. Writ of habeas data b. Writ of Amparo c. Writ of habeas corpus d. Writ of kalikasan

10. An act regulating hazing and other forms of initiation rites in fraternities, sororities, and other organizations and providing
penalties therefor.
a. RA 8940 b. RA 8094 c. RA 8904 d. Republic Act No. 8049

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11. The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the
hazing conducted therein but failed to take any action to prevent the same from occurring.
a. Principal b. Accomplice c. Accessories d. All of the above

12. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents
shall be held liable as ___________ when they have actual knowledge of the hazing conducted therein but failed to take
any action to prevent the same from occurring.
a. Principal b. Accomplice c. Accessories d. All of the above

13. An initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by
placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial,
silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.
a. Torture b. Hazing c. Physical Torture d. Other cruel, inhuman and degrading treatment or
punishment

14. An act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the
arresting, detaining and investigating officers, and providing penalties for violations thereof.
a. Republic Act no. 7843 b. Republic Act no. 7438 c. Republic Act no. 7483 d. Republic Act no. 7834

15. Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any
person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his
rights, EXCEPT:
a) to remain silent and
b) to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial investigation.
c) to have competent and independent doctor, preferably of his own choice
d) None of the above

16. It is made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in
the presence of his counsel OR in the latter's absence, upon a valid waiver, AND in the presence of any of the parents,
elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him.
a. Admission b. Confession c. Extrajudicial admission d. Extrajudicial confession

17. ________________ is executed by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel.
a. Waiver of detention b. Waiver of rights c. Waiver of claims d. Waiver of confession

18. Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences.
a. Miranda rights b. visitorial rights c. right to counsel d. Accusatorial rights

19. Under RA 7438, the person's "immediate family" shall include the following, except:
a. his or her spouse, fiancé or fiancée b. parent or child, brother or sister, grandparent or grandchild
c. common law spouse d. guardian or ward.

20. _________________involves any questioning initiated by law enforcement officers after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way.
a. Custodial interrogation b. Custodial information c. Custodial investigation d. Custodial inquiry

21. It is only after the investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular
suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to
eliciting incriminating statements that the rule begins to operate.
a. Admission b. Confession c. Interrogation d. Custodial investigation

22. An act providing for a comprehensive law on firearms and ammunition and providing penalties for violations thereof.
a. RA 10591 b. PD 1866 c. RA 8294 d. PD 1602

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23. An act codifying the laws on illegal / unlawful possession, manufacture, dealing in, acquisition or disposition, of firearms,
ammunition or explosives or instruments used in the manufacture of firearms, ammunition or explosives, and imposing
stiffer penalties for certain violations thereof and for relevant purposes.
a. RA 10591 b. PD 1866 c. RA 8294 d. PD 1602

24. An act amending the provisions of PD No. 1866, as amended, entitled “Codifying the laws on illegal/unlawful possession,
manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives or instruments used in the
manufacture of firearms, ammunition or explosives, and imposing stiffer penalties for certain violations thereof, and for
relevant purposes."
a. RA 10591 b. PD 1866 c. RA 8294 d. PD 1602

25. Refers to a firearm that is taken into custody by the PNP, NBI, PDEA, and all other law enforcement agencies by reason
of their mandate and must be necessarily reported or turned over to the FEO of the PNP.
a. Confiscated firearm b. Demilitarized firearm c. Loose Firearm d. Forfeited Firearm

26. Refers to a firearm deliberately made incapable of performing its main purpose of firing a projectile.
a. Confiscated firearm b. Demilitarized firearm c. Loose Firearm d. Forfeited Firearm

27. Refers to a firearm that is subject to forfeiture by reason of court order as accessory penalty or for the disposition by the
FEO of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing
rules and regulations.
a. Confiscated firearm b. Demilitarized firearm c. Loose Firearm d. Forfeited Firearm

28. Refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm.
a. Confiscated firearm b. Imitation Firearm c. Loose Firearm d. Forfeited Firearm

29. Refer to weapons designed for use by two (2) or more persons serving as a crew, or rifles and machine guns exceeding
caliber 7.62mm such as heavy machine guns, handheld under barrel and mounted grenade launchers, portable anti-
aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable
launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100mm.
a. Light weapon b. Class-a light weapons c. Class-b light weapons d. Loose firearm

30. Refer to firearms intended to be or primarily designed for individual use or that which is generally considered to mean a
weapon intended to be fired from the hand or shoulder, which are not capable of fully automatic bursts of discharge:
a. Small arms b. Light weapons c. Class-a light weapons d. Class-b light weapons

31. Under RA 10591, the following professionals are considered to be in imminent danger due to the NATURE of their
profession, occupation or business, except:
a. Lawyers b. Accountants c. Cashiers, Bank Tellers d. Teachers

32. Under RA 10591, this type of license allows a citizen to own and possess a maximum of 15 registered firearms.
a. Type 1 b. Type 2 c. Type 3 d. Type 4

33. It is a form of entrapment in which the violator is caught in flagrante delicto and the police officers conducting the
operation are not only authorized but duty-bound to apprehend the violator and to search him for anything that may have
been part of or used in the commission of the crime.
a. Anti-illegal drug operation b. Buy-bust operation
c. Instigation d. In flagrante delicto

34. The turn-over of the illegal drug to the Investigator.

a. The First Link b. The Second Link
c. The Third Link d. The Fourth Link

35. An act prescribing stiffer penalties on illegal gambling.

a. PD 1602 b. RA 9287 c. Art 195-199 RPC d. PD 449

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II. IDENTIFICATION.

1. _________________________ refers to any handheld or portable weapon, whether a small arm or light weapon, that
expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive
force of gases from burning gunpowder or other form of combustion or any similar instrument or implement.

2. _________________________ refers to any firearm which was manufactured at least seventy-five (75) years prior to the
current date but not including replicas; firearm which is certified by the National Museum of the Philippines to be curio or
relic of museum interest; and any other firearm which derives a substantial part of its monetary value from the fact that it
is novel, rare, bizarre or because of its association with some historical figure, period or event.

3. _________________________ refer to parts of a firearm which may enhance or increase the operational efficiency or
accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as, but not limited to,
laser scope, telescopic sight and sound suppressor or silencer.
4. _________________________ refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62mm which have fully automatic mode.

5. Only _________________________ may be registered by licensed citizens or licensed juridical entities for ownership,
possession and concealed carry.

6. _________________________ shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law
enforcement agencies authorized by the president in the performance of their duties:

7. Use of loose firearm in the commission of a crime when inherent in the commission of a crime punishable under the RPC
or other special laws, shall be considered as an _________________________ circumstance.

8. _________________________. The investigative technique of allowing an unlawful or suspect consignment of any

dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to
be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an
authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related
offense, or to facilitate prosecution of that offense.

9. _________________________. The duly recorded authorized movements and custody of seized drugs or controlled
precursors and essential chemicals or plant sources of dangerous drugs or laboratory equipment at each stage, from the
time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court and destruction.

10. _________________________ means the placing by the apprehending officer or the poseur-buyer of his/her initials and
signature on the items seized.

III. ESSAY. (Write your answer at the back of the paper.)

1. Maria was riding a passenger jeepney from school. All of a sudden, Pedro declared hold-up using a fake firearm and
forcefully took the belongings of the passengers. Maria handed her fully paid Iphone 13 Promax to Pedro. However, the
jeepney passed by a checkpoint manned by police officers. Pedro was arrested on the process.

Can Pedro invoke as a defense that the firearm he used is not real thus he cannot be held liable thereof? Anchor your
answer on RA 10591. (5 points)

2. X was arrested for the crime of murder. Cite all the rights of the persons arrested, detained, and under custodial
investigation as provided under RA 7438 and RA 9745. (5 points)

3. If you are the arresting officer, how can you ensure that the extrajudicial confession made by a person arrested, detained
and under custodial investigation is admissible in court and is in conformity with the rules as provided under RA 7438? (5
points)

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