SET A 100PTS

NORTHWEST SAMAR STATE UNIVERSITY - SAN JORGE CAMPUS

BACHELOR OF SCIENCE IN CRIMINOLOGY
CDI 8 – LEGAL FORMS

TEST I. MULTIPLE CHOICE

Direction: Read the questions below and write your answer on the space provided
before the number.

1. What is the definition of government in the context of a sovereign state?

A. The ruling political party
B. The institution responsible for making and enforcing laws
C. The military forces
D. The state's economic system
2. In the Philippines, the government consists of three main branches. Which
branch is responsible for creating and passing laws?
A. Executive Branch
B. Judicial Branch
C. Legislative Branch
D. Military Branch
3. What is the role of the Executive Branch in the government of the Philippines?
A. Interpreting the laws
B. Enforcing the laws
C. Making the laws
D. Reviewing the laws
4. The Judiciary in the Philippines is responsible for:
A. Enforcing laws
B. Making laws
C. Interpreting laws
D. Overseeing the military
5. Which branch of government in the Philippines includes the Supreme Court
and other lower courts?
A. Executive Branch
B. Legislative Branch
C. Judicial Branch
D. Defense Branch
6. The President of the Philippines is the head of which branch of government?
A. Legislative Branch
B. Judicial Branch
C. Defense Branch
D. Executive Branch
7. What is the primary role of the Legislative Branch in the Philippines?
A. Interpreting the laws
B. Enforcing the laws
C. Making the laws
D. Reviewing the laws
8. In the Philippines, which branch is responsible for ensuring that the laws are
carried out and enforced effectively?
A. Legislative Branch
B. Judicial Branch
C. Executive Branch
D. Defense Branch
9. The process through which the President of the Philippines can check and
balance the power of the Legislative Branch by refusing to sign a bill into law is
called:
A. Veto
B. Ratification
C. Judicial Review
D. Enforcement
10. The power of the Supreme Court of the Philippines to declare a law
unconstitutional is known as:
A. Veto
B. Ratification
C. Judicial Review
D. Legislative Interpretation
11. How can the Legislative Branch in the Philippines check the power of the
Executive Branch?
A. By vetoing executive orders
B. By impeaching the President
C. By dismissing judges
D. By declaring martial law
12. The Ombudsman in the Philippines is primarily responsible for:
A. Enforcing criminal laws
B. Handling military affairs
C. Investigating government officials for corruption
D. Leading the armed forces
13. The branch of government that plays a crucial role in the prosecution of
offenses in the Philippines is:
A. Executive Branch
B. Legislative Branch
C. Judicial Branch
D. Defense Branch
14. In the Philippines, who has the power to appoint judges to the Supreme Court
and other lower courts?
A. The President
B. The Senate
C. The Chief Justice
D. The Ombudsman
15. In the prosecution of offenses in the Philippines, which branch of government
is responsible for interpreting and applying the law to individual cases?
A. Executive Branch
B. Legislative Branch
C. Judicial Branch
 D. Defense Branch
16. In a criminal case, the complaint or information must charge only one offense.
What is the term for this requirement?
A. Rule on Duplicity
B. Rule on Specificity
C. Rule on Single Offense
D. Rule on Unanimity
17. Which of the following courts has jurisdiction over offenses punishable by
reclusion perpetua or death?
A. Metropolitan Trial Court
B. Regional Trial Court
C. Municipal Trial Court
D. Municipal Circuit Trial Court
18. Who has the authority to conduct a preliminary investigation for offenses
cognizable by the Regional Trial Court?
A. City Prosecutor
B. Municipal Trial Judge
C. Office of the Ombudsman
D. Department of Justice Secretary
19. During a preliminary investigation, what standard of evidence is required for
the issuance of a warrant of arrest?
A. Clear and convincing evidence
B. Preponderance of evidence
C. Beyond reasonable doubt
D. Probable cause
20. What is the maximum number of hours a person can be detained without an
arrest warrant if caught committing a crime?
A. 12 hours
B. 18 hours
C. 24 hours
D. 36 hours
21. In a warrantless arrest, which of the following elements is NOT required?
A. Presence of a crime
B. Presence of a warrant
C. Probable cause
D. Personal knowledge of the arresting officer
22. Which rule ensures that the accused has the right to be informed of the nature
and cause of the accusation?
A. Rule on Due Process
B. Rule on Double Jeopardy
C. Rule on Speedy Trial
D. Rule on Sufficiency of Information
23. Under the Rule on Double Jeopardy, what does it mean if a person is acquitted or
convicted of an offense?
A. They can be tried again for the same offense.
B. They cannot be tried again for the same offense.
C. They can be tried for a different offense.
 D. They can be retried with a new judge.
24. What is required for a valid search warrant?
A. Probable cause
B. Clear and convincing evidence
C. Reasonable suspicion
D. Preponderance of evidence
25. Which of the following is NOT a requirement for a valid warrantless search
and seizure?
A. Exigent and emergency circumstances
B. Plain view doctrine
C. Voluntary consent
D. Subpoena issued by the court

26. Who has the authority to file a criminal complaint in court?

A. Any private individual
B. Only law enforcement officers
C. Only lawyers
D. Any person who knows of the offense

27. In a criminal case, the party bringing the complaint against the accused is
called the:
A. Plaintiff
B. Defendant
C. Complainant
D. Accused
28. Under what circumstances may a warrantless arrest be made?
A. When an offense is in the presence of the arresting officer
B. Anytime, without limitations
C. Based on mere suspicion
D. When the arresting officer chooses to do so
29. When can a warrantless arrest be made inside a dwelling without a warrant?
A. Anytime, with or without justification
B. Only when the arresting officer is invited inside
C. When there is probable cause to believe the person committed a crime
D. Never, it is always illegal and a warrant must be served
30. What doctrine allows law enforcement officers to seize evidence right at their
sight during a search?
A. Exigent Circumstances Doctrine
B. Plain View Doctrine
C. Probable Cause Doctrine
D. Emergency Search Doctrine
31. What is the term for the legal process that requires the presence of the
accused in court to face the charges against them?
A. Search warrant
B. Bench warrant
C. Bail
D. Arraignment
32. The accused's right against self-incrimination is protected by which rule?
A. Rule 112
B. Rule 113
C. Rule 120
D. Rule 115
33. In a criminal trial, who is responsible for ensuring that the trial proceeds fairly
and impartially?
A. Prosecutor
B. Defense counsel
C. Trial judge
D. Jury
34. When can a person be detained without an arrest warrant if caught
committing a crime?
A. For as long as the police choose to detain them
B. For up to 24 hours
C. For 12 hours maximum
D. For up to 48 hours
35. Who has the authority to issue a search warrant?
A. Prosecutor
B. Mayor
C. Judge
D. Police officer
36. In a warrantless search and seizure, which element is NOT required for its
validity?
A. Voluntary consent
B. Exigent and emergency circumstances
C. Probable cause
D. Plain view doctrine
37. The police received an anonymous tip about potential drug activity in a
specific house. They want to conduct a search without a warrant. Is this action
constitutional?
A. Yes, because they received an anonymous tip.
B. Yes, because it's a matter of national security.
C. No, unless they have a search warrant or probable cause.
D. No, because the Constitution allows searches without warrants in drug-related
cases.
38. A person was arrested without a warrant, and no formal charges have been
filed against them. Is this a violation of their constitutional rights?
A. No, as long as the police have a probable cause.
B. No, because the person must be detained during an investigation.
C. Yes, it violates the right to liberty without due process.
D. Yes, if the person was involved in a criminal activity.
39. A person is subjected to a strip search at the airport without their consent or a
valid reason. Is this a violation of their constitutional rights?
A. No, as long as it is conducted by airport security.
B. No, because it is for security purposes.
C. Yes, it violates the right against unreasonable searches.
 D. Yes, if the person is a suspected terrorist.
40. The police conduct a warrantless search of a person's house, claiming it's for
a routine inspection of compliance with building codes. Is this action
constitutional?
A. Yes, because it is a routine inspection for public safety.
B. Yes, as long as the police have a valid reason to search.
C. No, unless there is probable cause or a search warrant.
D. No, because building codes don't require inspections.
41. An individual is subjected to a full-body search at an event venue without their
consent, even though they are not suspected of any criminal activity. Is this a
violation of their constitutional rights?
A. No, as long as the security measures are in place.
B. No, because it is for the safety of the public.
C. Yes, it violates the right against unreasonable searches.
D. Yes, unless the person has a history of criminal behavior.
42. During a protest, the police detain individuals without charges, citing public
safety concerns. Is this action constitutional?
A. Yes, if it prevents potential violence.
B. Yes, because the police have authority at protests.
C. No, it violates the right to due process.
D. No, if the protest is considered unlawful.
43. A person is arrested without a warrant because they were seen in the vicinity
of a recent crime. Is this a violation of their constitutional rights?
A. No, as long as the person was near the scene of the crime.
B. No, because law enforcement has broad discretion in making arrests.
C. Yes, unless there is probable cause for the arrest.
D. Yes, as long as the person matches the description of the suspect.
44. In the context of search and seizure, what does "probable cause" mean?
A. Strong evidence of guilt attributable to the crime committed
B. Clear and convincing evidence
C. Reasonable suspicion
D. A reasonable belief that a crime has been or is being committed
45. In a warrantless search, under what circumstances can law enforcement
officers conduct a search of a person's property or belongings?
A. Whenever they choose to do so
B. When they believe a crime may be committed in the future
C. When there are exigent and emergency circumstances
D. Only with the owner's consent
46. Which constitutional right is violated when evidence obtained through an
unreasonable search and seizure is admitted in court?
A. Right to remain silent
B. Right to counsel
C. Right against self-incrimination
D. Right to privacy
47. In a warrantless arrest, what standard of evidence is required to establish
probable cause for the arrest?
A. Preponderance of evidence
 B. Beyond reasonable doubt
C. Clear and convincing evidence
D. Probable cause
48. Which of the following is NOT a valid exception to the requirement of a search
warrant in the Philippines?
A. Search incident to a lawful arrest
B. Inventory of personal belongings during arrest
C. Consent of the person being searched
D. Routine inspections for compliance with building codes
49. Which of the following is NOT an essential element of due process of law?
A. Notice B. Counsel C. Impartial tribunal D. Speedy trial
50. What is the purpose of the notice requirement in due process?
A. To inform the accused of the charges against them
B. To provide an opportunity for the accused to escape
C. To delay the legal proceedings
D. To confuse the accused
51. Which constitutional right is violated when a person is not informed of the
charges against them and the evidence presented in court?
A. Right to counsel
B. Right to remain silent
C. Right to due process
D. Right to speedy trial
52. In the context of due process, what does "equal protection of the laws" mean?
A. Everyone is equally protected from criminal charges.
B. The government treats all individuals equally under the law.
C. Only certain groups are protected by the law.
D. The rich are treated more favorably than the poor.
53. What is the purpose of the right to counsel in the due process of law?
A. To allow the accused to represent themselves
B. To ensure the accused is provided with an attorney
C. To delay the legal proceedings
D. To prevent the accused from speaking in court that may incriminate him
54. What is the primary purpose of the exclusionary rule in criminal law?
A. To ensure that evidence obtained illegally is admitted in court
B. To protect the rights of the accused by excluding unlawfully obtained evidence
C. To encourage law enforcement to conduct more searches and seizures
D. To speed up the trial process
55. Which legal doctrine allows evidence obtained through a violation of the right
to due process to be excluded from trial?
A. Inevitable discovery doctrine
B. Fruit of the poisonous tree doctrine
C. Miranda doctrine
D. Grandfather clause doctrine
56. What constitutional provision in the Philippines emphasizes the right of the
accused to remain silent during custodial investigation?
A. Article III, Section 1
B. Article IV, Section 4
 C. Article III, Section 12
D. Article VI, Section 7
57. During custodial investigation, what is the primary purpose of the right to
remain silent?
A. To protect the accused from providing false statements
B. To ensure the police are in control of the questioning
C. To protect the accused from self-incrimination
D. To speed up the interrogation process

58. What is the purpose of providing the accused with the right to counsel during
custodial investigation?

A. To provide legal advice to the police officers

B. To ensure the accused has an attorney present to protect their rights
C. To expedite the questioning process
D. To allow the accused to choose not to answer any questions
59. When can the right to counsel be waived during custodial investigation?
A. At any time, as long as the accused agrees
B. Never, it cannot be waived
C. Only when the police believe it's unnecessary
D. Only when it's in the presence of the accused's family
60. What is the significance of the "right to be informed" during custodial
investigation?
A. It allows the accused to dictate the questions they will answer.
B. It ensures the accused understands their rights and the consequences of waiving
them.
C. It allows the police to keep the accused in the dark about their rights.
D. It allows the police to skip the questioning process.
61. In the context of custodial investigation, what does "exclusionary rule" refer
to?
A. A rule that allows the police to exclude evidence that benefits the accused.
B. A rule that allows the accused to exclude evidence that benefits the prosecution.
C. A rule that excludes evidence obtained in violation of the accused's constitutional
rights.
D. A rule that allows the police to exclude the accused's attorney from the
interrogation.
62. When can the right to bail be denied during custodial investigation?
A. It cannot be denied under any circumstances.
B. Only when the accused has no attorney present.
C. When the evidence against the accused is strong, and they are charged with a
capital offense.
D. When the accused has refused to answer questions during interrogation.
63. What is the significance of the "right to a preliminary investigation" during
custodial investigation?
A. It allows the accused to interrogate the police officers.
B. It ensures the accused has access to all the evidence.
C. It allows the accused to investigate the alleged crime themselves.
 D. It allows the accused to challenge the evidence and the charges against them.
64. Under what circumstances can the right against self-incrimination be invoked
during custodial investigation?
A. Only when the accused has an attorney present.
B. Only when the accused is being questioned by a judge.
C. At any time, including during police questioning.
D. Only when the accused is the one asking the questions.
65. When is the accused entitled to the right to confront and cross-examine the
witnesses against them during custodial investigation?
A. Only during the trial phase.
B. Only when the witnesses are police officers.
C. At any time during the investigation.
D. Never, it is not a right guaranteed by the Constitution.
66. What constitutional right protects the accused from being tried for the same
offense more than once?
A. Right to remain silent
B. Right to counsel
C. Right against double jeopardy
D. Right to a preliminary investigation
67. When can the accused invoke the right against double jeopardy during
custodial investigation?
A. When they are questioned by the police.
B. Only during the initial arrest.
C. After being acquitted or convicted of an offense.
D. Only when they are facing serious charges.
68. A suspect is arrested without a warrant and is taken to the police station.
During interrogation, the police do not provide the suspect with a lawyer, and
they continue to question the suspect for several hours. The suspect is reluctant
to answer questions and asks for legal counsel. What action should the police
take in this situation?
A. Provide the suspect with an attorney immediately.
B. Continue the questioning since the suspect has not explicitly invoked the right to
counsel.
C. Wait for the suspect to confess voluntarily before providing an attorney.
D. Inform the suspect that they will not receive an attorney until after they answer
some questions.
69. During custodial investigation, a law enforcement officer informs the suspect
of their right to remain silent but neglects to mention that anything the suspect
says can be used against them in a court of law. Is this a violation of the
suspect's rights?
A. Yes, it's a violation of the right to remain silent.
B. No, as long as the suspect is informed of their right to silence.
C. Yes, it's a violation of the right to counsel.
D. No, as long as the suspect is aware that they are being questioned.
70. The police detain a suspect and inform them of their right to counsel. The
suspect, however, decides to waive their right to counsel voluntarily and
proceeds to answer questions without an attorney present. Can the suspect later
claim that their statements were made involuntarily due to police pressure?
A. Yes, because the police should have insisted on providing an attorney.
B. No, the suspect voluntarily waived their right to counsel.
C. Yes, if the police did not inform the suspect of the consequences of waiving
the right to counsel.
D. No, as long as the suspect provided a written waiver of their rights.
71. During a custodial investigation, the police promise the suspect a reduced
sentence and favorable treatment if they confess to the crime. The suspect
subsequently confesses to the offense. Is this confession admissible in court?
A. Yes, because the suspect willingly confessed.
B. No, because the confession was obtained through a promise of leniency.
C. Yes, as long as the suspect is not a first-time offender.
D. No, because the police can make such promises to secure confessions.
72. A suspect is arrested, and during the initial stages of custodial investigation,
they invoke their right to remain silent. However, the police continue to ask
questions, hoping to elicit a response. What should the police do in this
situation?
A. Continue the questioning as long as they remain respectful.
B. Inform the suspect of the consequences of invoking the right to remain silent.
C. Cease all questioning immediately.
D. Advise the suspect to cooperate to avoid further legal consequences.
73. The police arrest a suspect and inform them of their right to an attorney. The
suspect, however, chooses not to have an attorney present during questioning.
Can the police proceed with the interrogation without counsel?
A. Yes, because the suspect waived their right to counsel.
B. No, unless the police believe the suspect is guilty.
C. Yes, as long as the interrogation is conducted within 24 hours.
D. No, because an attorney must always be present during custodial investigation.
74. The police are conducting a custodial investigation, and the suspect invokes
their right to remain silent repeatedly, but the police continue to ask questions.
Can the suspect take legal action against the police for ignoring their requests?
A. Yes, the police are required to respect the right to remain silent.
B. No, because the suspect was initially willing to answer questions.
C. Yes, but only if the suspect explicitly demands an attorney.
D. No, as long as the police obtain a signed waiver from the suspect.

75. Which principle underlies the applicability of the RPC to all persons, whether
public officials or private individuals?

A. Territoriality B. Personality C. Actus reus D. Felonious intent

76. In which case does the RPC not apply to a person who committed a crime?
A. If the person is of unsound mind
B. If the person is a public officer
C. If the person is an alien residing in the Philippines
D. If the person is a minor below the age of criminal responsibility
77. What is the minimum age of criminal responsibility for a minor under the
RPC?

A. 9 years old B. 12 years old C. 15 years old D. 18 years old

78. What is the effect of the presence of mitigating and aggravating

circumstances in a criminal case?
A. Mitigating circumstances reduce the penalty, while aggravating circumstances
increase the penalty.
B. Mitigating circumstances and aggravating circumstances cancel each other out.
C. Only mitigating circumstances are considered in determining the penalty.
D. Aggravating circumstances are not considered in criminal cases.
79. In the RPC, which of the following is NOT a circumstance that affects criminal
liability?
A. Justifying circumstances
B. Exempting circumstances
C. Consummated circumstances
D. Aggravating circumstances
80. In the RPC, when a penalty consists of two indivisible penalties, what is the rule for
applying the same?
A. The lesser penalty is applied.
B. Both penalties are applied successively.
C. The maximum penalty is applied.
D. The penalty closest to the maximum is applied.
81. What is the general rule regarding the retroactivity of penal laws?
A. Penal laws are not applied retroactively.
B. Penal laws are always applied retroactively.
C. Penal laws are applied retroactively only if they are beneficial to the accused.
D. Penal laws are applied retroactively only if the accused is a minor.
82. Which circumstance must exist for a penal law to have extraterritorial effect
under the RPC?
A. The crime must involve a heinous offense.
B. The offender must be a Filipino citizen.
C. The crime must be punishable by more than 12 years of imprisonment.
D. The crime must be committed by a public official.
83. In the RPC, what is the effect of a repeal of a penal law?
A. All cases pending under the old law are automatically dismissed.
B. The old law continues to apply to pending cases.
C. The accused can choose whether to be tried under the old or new law.
D. The new law applies to all pending cases, unless the new law is more favorable
to the accused.

84. In the context of the RPC, what do we call the absence of criminal liability?

A. Exemption B. Extenuating C. Exclusion D. Extirpation

85. What is the principle that guides the application of penalties in the RPC?
 A. Principle of totality
B. Principle of proportionality
C. Principle of equanimity
D. Principle of non-retroactivity
86. In which justifying circumstance does the person committing the crime act in
defense of the person's rights, such as the right to life or property, against an
unlawful aggression?
A. Self-defense
B. Defense of relative
C. Defense of stranger
D. Defense of property
87. What is the legal effect of a mitigating circumstance on the penalty for a crime?
A. It increases the penalty.
B. It decreases the penalty.
C. It has no effect on the penalty.
D. It changes the nature of the crime.

88. In the context of the RPC, which of the following is NOT an aggravating
circumstance?

A. Treachery
B. Ignominy
C. Evident premeditation
D. Relationship

89. Under the RPC, what is the effect of recidivism on the penalty for a
subsequent crime?
A. It decreases the penalty.
B. It increases the penalty.
C. It has no effect on the penalty.
D. It changes the nature of the crime.
90. Which of the following is true regarding compulsion and provocation as
circumstances affecting criminal liability?
A. Both compulsion and provocation are justifying circumstances.
B. Compulsion is an exempting circumstance, while provocation is a mitigating
circumstance.
C. Compulsion involves irresistible force, while provocation involves insults.
D. Compulsion and provocation are not recognized as circumstances affecting
criminal liability.

91. Ignominy is an aggravating circumstance in the RPC. What does it refer to?
A. Excessive cruelty
B. Shaming or degrading the victim
C. Lack of discernment
D. Uncontrollable fear

92. In which circumstance does the RPC presume unlawful intent on the part of
the accused?
 E. When the accused is a public officer
F. When the accused is a minor
G. When the accused is a family member of the victim
H. When the accused is found in possession of instruments for housebreaking
93. Under the RPC, when can a person be criminally liable for acts committed by
another?
A. Only when the person is a co-principal in the crime
B. Only when the person conspires with the perpetrator
C. When the person is an accomplice
D. When the person is an accessory
94. Which of the following does NOT result in the extinction of criminal liability
under the RPC?
A. Death of the accused
B. Prescription of the crime
C. Amnesty granted to the accused
D. Pardon by the offended party

95. When can the defense of property, as a justifying circumstance, be invoked

under the RPC?

A. To protect one's property against any aggression

B. To protect one's property against theft
C. To protect one's property against aggression that does not constitute a felony
D. To protect one's property against trespassers

96. What is the effect of exemption from criminal liability under the RPC?
A. The accused is acquitted and not subject to any penalty.
B. The accused is declared insane and institutionalized.
C. The accused is released on probation.
D. The accused is fined but not imprisoned.
97. In the context of the RPC, when can intoxication be considered an exempting
circumstance?
A. When the accused is habitually intoxicated
B. When the accused is completely deprived of reason and freedom
C. When the accused is under the influence of alcohol
D. When the accused is voluntarily intoxicated
98. Who is considered a principal by direct participation in a crime under the Revised
Penal Code (RPC)?
A. A person who had knowledge of the crime but did not actively participate.
B. A person who committed the crime personally.
C. A person who planned the crime but did not execute it.
D. A person who provided moral support to the actual perpetrator.
99. What distinguishes a principal from an accomplice under the RPC?
A. The principal is the person who incites the crime, while the accomplice
participates directly.
B. The principal is more culpable than the accomplice.
C. The principal always has direct criminal intent, while the accomplice may not.
 D. The principal is the person who plans the crime, while the accomplice follows
orders.
100. When may an accessory to a crime avoid criminal liability?
A. By providing false information to the authorities
B. By surrendering the principal to the authorities
C. By claiming lack of knowledge of the crime
D. By having no direct involvement in the crime

“Nandito na si Chito, si Chito Miranda

Nandito na si Kiko, si Francis Magalona
Nandito na si Gloc-9, wala s'yang apelyido
Magbabagsakan dito in five, four, three, two”

PAOLO NAPAL MENOZO

SET B 50PTS

NORTHWEST SAMAR STATE UNIVERSITY - SAN JORGE CAMPUS

BACHELOR OF SCIENCE IN CRIMINOLOGY
CDI 8 – LEGAL FORMS

TEST II. Give what is asked in the following questions.

1. Enumerate the 3 branches of government and briefly explain their respective

functions. 5pts
2. Enumerate the rights of the accused during custodial investigation as outlined in
Article 3, Section 12 of the Constitution. 5pts
3. Enumerate the rights of the accused during criminal prosecution. 9pts
4. Define search warrant and warrant of arrest. 2pts
5. Enumerate and briefly explain at least 5 circumstances for a valid warrantless
search. 5pts
6. Enumerate and briefly explain the circumstances for a valid warrantless arrest.
5pts
7. Enumerate the requisites for a sufficient information or complaint. 6pts
8. Enumerate the circumstances affecting criminal liability. 5pts
9. Give the types of felony according to: a. nature (2pts); b. degree of execution
(3pts); and c. degree of penalty (3pts) 8pts

Paolo Napal Menozo

SET C 50PTS

NORTHWEST SAMAR STATE UNIVERSITY - SAN JORGE CAMPUS

BACHELOR OF SCIENCE IN CRIMINOLOGY
CDI 8 – LEGAL FORMS

Direction: Answer each question intelligibly with sufficient legal basis. Cite a provision
of the law or a jurisprudence by using the phrase, “Under the law” or “The Supreme
Court held that”, respectively, to support your answer. Mere “Yes” or “No” renders the
answer void ab initio.

1. During the regular session of the 19th Congress of the Philippines, the bill on
Sexual Orientation, Gender Identity, and Expression or SOGIE was approved on
3rd and final reading. The bill contains penal provisions for harassment, public
ridicule, discrimination, and other similar acts committed against members of the
LGBT. On September 08, 2023, the bill was approved into law by President
Marcos. Thereafter, a group of heterosexual male and female citizens filed a
petition to the Supreme Court citing the law unconstitutional for violating Article 3,
Section 1 or the equal protection clause of the constitution. They contend that the
said law discriminates them because they appear to be excluded from its
provisions. Therefore, the petitioners pray that as the law-interpreting branch of
government, the Supreme Court shall declare said law unconstitutional.
Can the Supreme Court make such a decision? 5pts

2. Because of the upcoming Barangay and Sangguniang Kabataan Elections

(BSKE) and pursuant to the police power of the State, police officers have been
deputized to different locations to conduct extensive checkpoints. One evening,
while in transit to his home, Mr. Dabuet was flagged down for checkpoint. He was
asked to present his driver’s license and his motorcycle’s certificate of
registration. Not being able to present any, Mr. Dabuet hurriedly ran away from
the checkpoint vicinity, but he was captured 5 days later inside the premises of
Northwest Samar State University San Jorge Campus. In his arrest, the police
recovered 4 sachets of shabu, 8 sticks of cigarette-looking marijuana, and 2
empty pistol bullets. In Court, the police held that Dabuet was arrested in relation
to his unusual conduct during the checkpoint. They believed that he escaped
because of fear of being caught for a graver offense, therefore, his arrest was
valid by virtue of hot pursuit. Unfortunately, 8 years later, no resolution was made
to his case. Dabuet, not having granted bail, remained inside the penal
establishment during the entire pendency of his case. Hence, through counsel,
he filed a petition to dismiss the case on the ground of violation of the right to
speedy trial.
A. Was the arrest valid? 5pts
B. Was the search valid? 5pts
C. Was the evidence admissible? 5pts
D. Was his right to speedy trial violated? 5pts
 3. Mr. X, 21; Mr. Y, 20; and Mr.Z, 17 are best friends who happen to fall in love with
the same girl, Ms. A, a decent, conservative, and reserved girl from a remote
place in Gandara who is also their classmate in college. In the party bar, the
three planned to take Ms. A in an abandoned building near the school to ask her
who can possibly have her heart to finally cool down their friendship dispute.
Afterwards, the three barged into Ms. A’s house and took her to the place. There,
Ms. A, while crying heavily, answered that she did not like any of them. The boys
felt bad. Due to extreme intoxication, they decided to have forceful carnal
knowledge with Ms. A. The boys kept doing it while she was praying for mercy. A
little later, a guard on duty saw the incident but didn’t do anything while the boys
were tainting and molesting her dignity. Eventually, Ms. A died due to extreme
pain which she sustained from forceful, relentless beating. Her skull was largely
opened, her breasts withered, and her vagina looked indescribably damaged with
traces of cigarette burns, stabs, and semen scattered around her body. Before
leaving, Mr. Z saw and took a high-value necklace from Ms. A’s pocket. The three
boys admitted to the offense charge, however each interposed the following
defenses: Mr. X, Y, and Z had no intention to commit a wrong so grave as that
committed and that they are ‘young individuals’ whose sexual desire is
unstoppable. Aside from that, Mr. Z also interposed that he is a minor and is
therefore exempt from criminal liability.
A. If you were the police officer, what offense would you charge against
the accused? 5pts.
B. Describe the criminal responsibility of Mr. X, Mr. Y, Mr. Z, and the guard
on duty. 10pts
C. What are the aggravating and mitigating circumstances attendant to
the case that would increase or decrease the liability of the accused?
D. Can Mr. X, Y, and Z’s defenses warrant consideration in the eyes of the
law?

“Nandito na si Chito, si Chito Miranda

Nandito na si Kiko, si Francis Magalona
Nandito na si Gloc-9, wala s'yang apelyido
Magbabagsakan dito in five, four, three, two”

Prepared by:

PAOLO NAPAL MENOZO