Criminal Law MCQ (1-10) 1. What crime is best described by the following statement?

A movement which strives for the complete overthrowing and superseding of the existing government, which is, by its nature, a crime perpetrated by a multitude or collective during peace time. a. Insurrection b. Treason c. Rebellion d. Sedition 2. Under the Human Security Act (RA 9372), a penalty shall be imposed upon any police or law enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, and a. Fails to deliver such charged or suspected person to the proper judicial authority within three days b. Fails to deliver such charged or suspected person to the proper judicial authority within five days c. Fails to deliver such charged or suspected person to the police station within three days d. Fails to deliver such charged or suspected person to the police station within five days

c. The president, vice-president, manager or any officer thereof who knows or should have known the commission of the offense. d. The president, vice-president, manager, treasurer or any officer thereof who knows or should have known the commission of the offense. 5. A, Principal of a public school, entered into an agreement with the teachers of said school wherein he will help in facilitating the collection of their salary differentials. With this kind of arrangement, he was able to collect from the teachers PHP 10,000 in consideration for having officially intervened in the release of the salary differentials. He is charged with violation of Sec 3B of RA 3019. He is not liable because: a. There is no law which invests A with the power to intervene in the payment of salary differentials of the public school teachers. b. He is not a public officer as defined by law. c. He is a public officer with a salary grade lower than 27. d. His liability is civil in nature.

3. There is no perjury when in a sworn statement when: a. The statement is material to the principal matter under investigation b. The statement was not made in open court c. The statement is not material to the principal matter under investigation d. The statement contains no falsehood

6. Maria was walking home from work when two men attacked and raped her. As a result, she became pregnant. Nine months later, Maria gave birth to the child who was alive at the time of birth. She was so full of disgust that she took a pillow and suffocated her baby. Natividad, a neighbour, was passing by Marias house, where she gave birth, when she saw Maria in the act of killing her baby. Instead of stopping Maria, Natividad did nothing. When Maria asked for her help to bury the dead child, Natividad agreed. What crime can Natividad be charged of? a. Murder b. Homicide c. Infanticide d. No crime can be charged against Natividad.

4. If the fence (the one who/which commits the act of fencing) is a corporation, who are liable? a. The president, manager, treasurer or any officer thereof who knows or should have known the commission of the offense. b. The president, manager or any officer thereof who knows or should have known commission of the offense.

7. In a buy-bust operation, Orlando was accosted selling dried marijuana fruiting tops outside of his residence to Russelle. On the same occasion, found also in his possession were dried marijuana leaves wrapped in a newspaper. An information was filed against him for the possession, control, and custody as well as illegal sale of marijuana, a prohibited drug. After

arraignment and trial, the court may convict Orlando of: a. Violation of Section 8, in relation to Section 20, of Rep. Act No. 6425, as amended, for his possession of marijuana, a prohibited drug, ONLY; b. Violation of Sec 5, in relation to Section 20, of Rep. Act No. 6425, as amended, for illegal sale of marijuana, a prohibited drug, ONLY; c. Violation of Section 8, in relation to Section 20, of Rep. Act No. 6425, as amended, for his possession of marijuana, a prohibited drug, OR violation of Sec 5, in relation to Section 20, of the law, for illegal sale of marijuana, a prohibited drug; d. violation of Section 8, in relation to Section 20, of Rep. Act No. 6425, as amended, for his possession of marijuana, a prohibited drug, AND violation of Sec 5, in relation to Section 20, of the law, for illegal sale of marijuana, a prohibited drug.

8. Which of the following civil liabilities is not provided under Article 104 of the Revised Penal Code? a. Restitution b. Indemnification for actual damages c. Indemnification for consequential damages d. Reparation

9. An act or omission which is a result of misapprehension of facts that is voluntary but not intentional. a. Impossible crime b. Mistake of facts c. Accidental crime d. Complex crime

10. Under the Human Security Act, what is the period of detention in the event of an actual or imminent terrorist attack? a. 3 days from the moment the charged person has been apprehended b. Not more than 3 calendar days c. Not more than 24 hours d. Not more than 18 hours

1.c 2.a 3.c 4.b 5.a 6.c 7.d 8.b 9.b 10. b