QUIZ

CLAW22 (CRIMINAL LAW, BOOK 2)

Atty. John I. G. Pallera
Section 2

Name: ______________________________ Score: ____________

INSTRUCTIONS:

 WRITE LEGIBLY.
 Read and analyze the questions very, very, well before answering them. They
may not be as easy as they appear to be.
 In your answers, use simple but grammatical sentences. Avoid compound and
complex sentences. They could compound or complicate your answers.
Examination scores are determined by the responsiveness of the answers to the
question and not by the number of words used therein.
 GOOD LUCK!

Multiple Choice: (10 points each)

1. ELEMENTS OF REBELLION OR INSURRECTION

A. THAT THERE BE PUBLIC UPRISING AND TAKING ARMS AGAINST THE GOVERNMENT
B. THAT IT IS COMMITTED BY MEANS OF A SWIFT ATTACK ACCOMPANIED BY VIOLENCE,
INTIMIDATION, THREAT, STRATEGY OR STEALTH
C. THAT THE ATTACK IS DIRECTED AGAINST DULY CONSTITUTED AUTHORITIES OF THE REPUBLIC OF
THE PHILIPPINES

2. HOW COUD D’ETAT COMMITTED?

A. SWIFT ATTACK, ACCOMPANIED BY VIOLENCE, INTIMIDATION, THREAT, STRATEGY OR STEALTH,
DIRECTED AGAINST DULY CONSTITUTED AUTHORITIES OF THE REPUBLIC OF THE PHILIPPINES
B. VAST MOVEMENT OF MEN AND A COMPLEX NET OF INTRIGUES AND PLOTS
C. THE INCITING IS DONE BY MEANS OF SPEECHES OR OTHER REPRESENTATIONS TENDING TO THE
SAME END

3. WHO ARE LIABLE FOR REBELLION, INSURRECTION AND/OR COUP D’ETAT?

A. ANY PERSON WHO PROMOTES, MAINTAINS OR HEADS A REBELLION, ANY PERSON WHO LEADS,
DIRECTS OR COMMANDS OTHERS TO UNDERTAKE A COUP D’ETAT
B. OFFENDERS FOUND GUILTY OF SUBSEQUENT OFFENSES
C. ANY PERSON WHO SHALL MONOPOLIZE ANY MERCHANDISE OR OBJECT OF TRADE OR COMMERCE

4. HOW SEDITION COMMITTED?

A. COMMITTED BY PERSONS WHO RISE PUBLICLY AND TUMULTUOUSLY IN ORDER TO ATTAIN BY
FORCE, INTIMIDATION, OR BY OTHER MEANS OUTSIDE OF LEGAL METHODS
B. VIOLATION BY A SUBJECT OF HIS ALLEGIANCE TO HIS SOVEREIGN OR TO THE SUPREME AUTHORITY
OF THE STATE
C. ANY PERSON WHO ASSAULTS, STRIKES, WOUNDS OR IN ANY MANNER OFFERS VIOLENCE TO THE
PERSON

5. WHAT ARE THE CRIMES CLASSIFIED UNDER PUBLIC DISORDERS?

A. THEY ARE TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER, UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES, ALARMS AND SCANDALS, DELIVERING PRISONERS
FROM JAILS
B. EVASION OF SERVICE OF SENTENCE BY VIOLATING THE CONDITIONS OF CONDITIONAL PARDON
C. MUST HAVE PERFORMED AN INDEPENDENT ACT WHICH OPERATES TO THE PREJUDICE OF A THIRD
PERSON
 6. TWO WAYS OF COMMITTING THE CRIME OF DIRECT ASSAULTS
A. BY EMPLOYING FORCE OR INTIMIDATION, BY ATTACKING OR BY SERIOUSLY RESISTING ANY
PERSON IN AUTHORITY OR ANY OF HIS AGENTS
B. BY INDUCING DISOBEDIENCE TO A SUMMONS
C. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER

7. ACTS PUNISHED AS ALARMS AND SCANDALS

A. DISCHARGING ANY FIREARM, ROCKET, FIRECRACKER OR OTHER EXPLOSIVE WITHIN ANY TOWN
B. UTTERING OF SUCH FALSE OR FORGED OBLIGATIONS IN CONNIVANCE WITH THE IMPORTERS
C. COUNTERFEITING OR IMITATING ANY HANDWRITING, SIGNATURE OR RUBRIC

8. THREE KINDS OF EVASION OF SERVICE OF SENTENCE

A. BY ESCAPING DURING THE TERM OF HIS SENTENCE, ON THE OCCASION OF DISORDERS, BY
VIOLATING THE CONDITIONS OF CONDITIONAL PARDON
B. BY PLEADING GUILTY TO THE CHARGE OF HAVING PASSED A PHP10 COUNTERFEIT BILL
C. MUST HAVE PERFORMED AN INDEPENDENT ACT WHICH OPERATES TO THE PREJUDICE OF A THIRD
PERSON

9. WHAT ARE ACTS OF DISLOYALTY WHICH ARE PUNISHED?

A. BY FAILING TO RESIST A REBELLION BY ALL THE MEANS IN THEIR POWER, BY CONTINUING TO
DISCHARGE THE DUTIES OF THEIR OFFICES UNDER THE CONTROL OF THE REBELS, BY ACCEPTING
APPOINTMENT TO OFFICE UNDER THEM
B. ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL ASSEMBLY AND SIMILAR BODIES
C. DISTURBANCE OF PROCEEDINGS

10. WHAT ARE ILLEGAL ASSEMBLIES?

A. ANY MEETING ATTENDED BY ARMED PERSONS FOR THE PURPOSE OF COMMITTING ANY OF THE
CRIMES PUNISHABLE UNDER THE CODE, ANY MEETING IN WHICH THE AUDIENCE, WHETHER
ARMED OR NOT IS INCITED TO THE COMMISSION OF THE CRIME OF TREASON, REBELLION OR
INSURRECTION, SEDITION OR ASSAULT UPON A PERSON IN AUTHORITY OR HIS AGENTS
B. WHEN THE MEETING TO BE HELD IS NOT PEACEFUL
C. RELIGIOUS CEREMONIES OR MANIFESTATIONS OF ANY RELIGION ARE ABOUT TO TAKE PLACE OR
ARE GOING ON.

ESSAY:
1. TOFER WAS SENTENCED TO A PENALTY OF 6 YEARS AND 1 DAY OF PRISION MAYOR. HE
SERVED 2 YEARS, 5 MONTHS AND 22 DAYS OF THE SENTENCE AND WAS GRANTED
CONDITIONAL PARDON. THE TERM REMITTED BY THE PARDON IS 3 YEARS, 6 MONTHS AND 8
DAYS. THE LAW APPLICABLE IS THE FIRST PART OF ARTICLE 159 WHICH IMPOSES A PENALTY
OF PRISION CORRECIONAL IN ITS MINIMUM PERIOD.

CAN THE COURT REQUIRE THE CONVICT TO SERVE THE UNEXPIRED PORTION OF HIS
ORIGINAL SENTENCE IF IT DOES NOT EXCEED SIX YEARS? EXPLAIN

2. WHEN MAY AN OUTCRY OR DISPLAYING OF EMBLEMS OR PLACARDS BE A CRIME OF INCITING

TO REBELLION OR A CRIME OF INCITING TO SEDITION AND WHEN MAY IT BE CONSIDERED A
SIMPLE PUBLIC DISORDER UNDER PARAGRAPH 4 OF ARTICLE 153? EXPLAIN

BONUS : GIVE TEN (10) CURRENT EVENTS

1. What is Treason?

a. a breach of allegiance to a government, committed by a person who owes

allegiance to it.
b. offense of gathering, transmitting or losing information respecting the national
defense with intent or reason to believe that the information is to be used to the
injury of the republic of the philippines.
c. a nation or power which takes no part in a contest or arms going on between
others.

2. What are the circumstances qualifying the offense of Treason?

a. notice or information might be useful to the enemy, offender intended to aid the
enemy
b. there is a war in which the phils. is involved, offender must be owing allegiance
to the government
c. vessel is on the high seas or in philippine waters, offenders are not members of
its complement or passengers of the vessel

3. When is there detention?

a. actual confinement of a person in an enclosure or in any manner detaining and

depriving him of his liberty.
b. the commission of a crime.
c. by entering any dwelling against the will of the owner thereof..

4. What are the crimes against religious worship?

a. interruption of religious worship, offending the religious feelings

b. prohibiting the holding of a peaceful meeting, hindering any person from joining
any religious meetings
c. using unnecessary laudable noise, executing indecent acts

5. Ways or modes of committing piracy?

a. by attacking or seizing a vessel on the high seas or in phil. waters, by seizing in

the vessel while on the high seas or in phil. waters the whole or part of its cargo,
its equipment or personal belongings of its complement or passengers
b. whenever they have seized a vessel by boarding, whenever the pirates have
abandoned their victims without means of saving themselves
 c. whenever the offenders have seized the vessel, whenever the crime is
accompanied by murder, homicide, physical injuries or rape

Essay: (15 points each)

1. The Iglesia ni Cristo held a meeting at a public plaza after securing a permit to do so from
the mayor. The meeting started with some singing, after which the minister of the sect
read from the Bible and then delivered a sermon, in the course of which he attacked the
catholic and Aglipayan churches. The Chief of Police ordered his policemen to stop the
minister. When the minister refused, the Chief of Police fired two shots in the air which
dispersed the crowd and stopped the meeting. State which Article of the Revised Penal
Code did the Chief of Police violated, if so, what penalty shall be imposed to him?
Explain.

2. A, B and C were looking for a person named D whom C suspected of stealing his fighting
cock. A and B were policemen while C is a caretaker of fighting cock. C requested
A&B then in uniform to accompany him to D’s house to look for the fighting cock. The
three of them went to D’s house. When the policemen knocked the door, D’s wife E
open it. The policemen told E that they came to inquire about lost fighting cock. Before
E could utter a word, the trio barged inside the house. Once inside, the policemen told E
that C was suspecting his husband and immediately required the three to leave. The
policemen refused instead and started searching the house for the fighting cock over the
objection of E who said that she would file a complaint against them after husband comes
from work. As they did not see any fighting cock, the three left. What crimes, if any did
A, B and C committed? Explain.

3. On March 23, 1978, the troops of the Logistic Command of the AFP at Camp Gen Emilio
Aguinaldo headed by their operation Officer Col. Dan Flores, withdrew firearms and
bullets and per prior agreement, attacked in separate teams the officer of the Chief of
Staff, the Secretary of National Defense and other officers, held hostage the Chief of
Staff of LOGCOM and other officers, killed 3 pro-government soldiers, inverted the
Philipine Flag and announced complete control of the camp. Because of the superiority
of the pro-government forces, Col. Dan Flores and his troops surrendered at 9:00 in the
morning of that day. What crimes were committed? Explain.

4. Major Tamayo while patrolling Bago Community in a police car with PO3 Angara blew
his whistle to stop a Nissan Sentra car which wrongly entered a one way street. After
demanding from Maria Solis, the driver, her driver license, Tamayo asked her to follow
them at the police precint. Upon arriving there, he gave instructions to PO3 Angara to
guard Maria Solis in one of the rooms and not to let her out of sight until he returns, then
got the car key from Maria Solis. The latter was not allowed to make any phone calls but
was given food and access to a bathroom. When Mayor Tamayo showed up after 2 days
he brought Maria Solis to a private house and told her that he would only release her and
return the car if she made an arrangements for the delivery of Php500k in a doctor’s bag
at certain place within 24 hours. When Major Tamayo went to the designated spot to
pick up the bag of money he suddenly found himself surrounded by several armed
civilians who introduced themselves as NBI agents. What offense did Tamayo
committee? Explain.

5. Peace negotiation on spratly’s situation had failed, the Republic of China declared war
against Phils. Mina, a filipina who live with her Italian expatriate boyfriend discovered
email correspondence between him and a certain General Chua of China. On April 3,
2010, Mina discovered that on that date her boyfriend had sent an email to Gen Chua in
which he agreed to provide vital informatioon on ther military defense of the Phils. to the
Chinese govt in exchange for Php1 million and his safe return to Italy. Two weeks later,
Mina decided to report the matter to the proper authoritites. Did Mina commit a crime?
Explain.