Title One suspects, subject them to investigation and torture to
Crimes Against Security and the Law of Nations
1. What are the crimes punished under this title?
2. How is Treason committed?
3. What is meant “by levying war”?
4. CHA State sent military ships in our sea and using
powerful weapons fired at the Maharlika ship, a
Philippine Navy Ship. Congress declared the existence of
a war against CHA State. A group of 100 Filipinos took
up arms and engaged the Philippine Navy stationed
near that island in a war. Their purpose is to pave the
way for the coming of the military forces of CHA State
to establish its own government here. What is the crime
committed by this group of 100 Filipinos?
5. What is meant by adherence?
6. Is adherence alone enough to be liable for treason?
7. On January 23, 1945, Francisco De Los Santos, a
Filipino citizen, together with Eligio Torres and twenty
Japanese soldiers, all armed, raided the house of
Cresencio Timpangco and there, found several persons
thereon. They searched the house and asked the people
about the guerillas. As the people denied having any
knowledge about the guerillas, the men were tied and
maltreated. The following day, the five persons who had
been tied were taken to Presa Mayor, City of
Zamboanga. On their way, Eligio Torres continued to
investigate Castro and, because of the latter’s refusal to
admit his connection with the guerrillas, Eligio Torres,
with a saber, cut Castro’s neck causing his death. At
Presa Mayor, Domingo, Crisencio, and Ponciano were
killed. What is the crime committed by De Los Santos?
8. During the Japanese occupation, Almazan became a
member of the “Makabayang Kalipunan ng Mga
Pilipino” or “Makapili” for short. The membership of
Almazan in the Makapili association has been proven by
the testimony of several witnesses who were his barrio
mates and knew the latter well. They saw Almazan fully
armed when he was with the Japanese patrol on several
occasions. Was Almazan guilty of treason?
9. Fernando was an informer and a member of the
Kempei-tai, and as such, he had a group of ten renegade
Filipinos whose mission was to make arrest of guerilla
ferret out whatever information they possessed
regarding the activities of the underground forces, He
held a ranking officer of the guerilla forces and
subjected him to investigation and torture, What is the
crime committed by Fernando?
10. Perez commandeered several women on several
dates, brought them to the residence of Colonel Mini,
Commander of the Japanese Armed Forces in Bohol and
by means of violence, threat and intimidation, said
Japanese Colonel abused and has sexual intercourse
with these women. Did Perez commit treason?
11. What kind of assistance to the enemies qualifies as a
treasonous act?
12. The law on treason requires at least two witnesses
to convict, what must be testified by these two
witnesses?
13. What is the essence of the crime of espionage?
14. Aragoncillo, an intelligence officer of the Armed
Forces of the Philippines, accessed the AFP’s computer
database, and downloaded pertinent top-secret
documents, including among others a report and
analysis on the Scarborough stand-off situation written
by a navy officer. Thereafter, Agoncillo sent these top-
secret files to a US High Government Official. Did
Aragoncillo commit a crime?
15. What are the acts punished as espionage?
16. Are citizenship and war required in espionage?
17. Juan, a Filipino and a waiter of 3MJ Hotel and
Restaurant, was serving food to 20 people engaged in a
meeting in one of the functions room of the hotel. He
heard them planned and agreed to help CHA Republic
against which the Philippines is at war. Juan kept this
information to himself alone. Did Juan commit any
crime?
18. CHA Republic and VET Republic are engaged in a
war. The President and Philippine Congress declared
that the Philippines is not siding with any of the
protagonists. Hernando and his group of 10 Filipinos,
however, wrote a manifesto of support in favor of VET
Republic. Did Hernando and his group commit the crime
of violation of neutrality?
Crim Prelims Reviewer Q&A 1 | P a g e
19. Tension exists between the Philippines and Cha
republic over an island occupied by the Philippines but
which Cha Republic claims as part of its territory. Cha
Republic is bullying the Philippines by sending modern
warships in the area. Governor Makabayan went on
television urging the Filipinos to boycott the products of
Cha Republic found in the Philippines. Does this act of
Gov. Makabayan incite war or give motives for reprisals
and if so, is the Governor liable for the crime punished
under Article 118?
20. Suppose in the above problem, Gov. Makabayan
also burned the flag of Cha Republic in front of the
camera, would Gov. Makabayan escape criminal
liability?
21. Are intention of the offender and war material in
this crime?
22. Suppose the Philippines is at war with Mai Republic.
Congress passed a law prohibiting any communication
with any person residing in Mai Republic. Arlene wrote
his boyfriend who happens to be a citizen of Mai
Republic. The letter merely contains expression of love.
Is Arlene liable for correspondence with hostile
country?
23. Suppose the Philippines is at war with Mai Republic.
Congress passed a law prohibiting any citizen to go to
Mai Republic. Arlene was arrested at the airport when
she chartered a flight to go to Mai Republic to visit her
boyfriend who happens to be a citizen of Mai Republic.
Is Arlene liable for flight to enemy’s country when she
was arrested while still in the airport?
24. While SS Nagoya was negotiating the sea route from
Hongkong towards Manila, and while still 300 miles
from Aparri, Cagayan, its engine malfunctioned. The
ship stopped for emergency repairs lasting for almost 15
hours. While the ship was anchored, a motorboat
manned by renegade Gregorio from Cagayan, passed
by. Gregorio and his men cut the ship’s engines and
took away heavy crates of electrical equipment and
loaded them in their motorboat. What crime was
committed by Gregorio and his men?
25. Supposing that while the robbery was taking place,
the culprits stabbed a member of the crew while
sleeping, what crime was then committed?
26. An inter-island vessel, MV Viva Lines, while cruising
off Batanes was forced to seek shelter at the harbor of
Tasong, Taiwan because of strong typhoon. While
anchored in said harbor, Max, Baldo and Bogart arrived
in a speedboat, fired a bazooka at the vessel, boarded it
and divested the passengers of their money and
jewelry. What crime did the three commit?
27. Suppose in the same problem, Dodong, passenger of
M/V Viva Lines, took advantage of the confusion to
settle an old grudge with another passenger, and killed
him. Is it correct to charge Dodong with qualified
piracy?
28. What is Mutiny?
29. What is the effect of RA No. 7659 on PD No. 532
(Anti-Piracy and Anti-Highway Robbery Law of 1974)?
30. Catantan and Ursal, who were in another boat,
boarded the pump boat of Eugene and Juan. Catantan
leveled his gun at Eugene and struck him with his gun.
Ursal hogtied Eugene and forced him to lie down.
Catantan ordered Juan to ferry them to Daan Tabogon.
Charged with piracy in Philippine waters, Catantan and
Ursal contended that if at all, they should be liable only
for grave coercion since they merely compelled Eugene
and Juan to do something against their will. Is this
contention correct?
31. What are the acts covered and punished by R.A No.
6235? (Anti-Hijacking Law)
32. Christopher is one of the passengers of PH Airlines
bound for Cebu. All the passengers were already in and
all the doors were closed. But because of air traffic, the
airplane could not fly. The airplane was at a stationary
position for about 20 minutes when Christopher, who
was irritated, approached the Captain and with force,
took control of the airplane. What is the crime
committed by Cristopher?
33. If the airplane is of foreign registry, is it necessary
that the airplane is in flight?
34. The Pilots of Pan Am aircraft were accosted by some
armed men and were told to proceed to an aircraft and
fly it to a foreign registry or compel it to land in any part
of the Philippine territory, hijacking is committed.
Crim Prelims Reviewer Q&A 2 | P a g e
35. A Philippine Air Lines is bound for Davao. While the
pilot and co-pilot are taking their snacks at the airport
lounge, some armed men were also there. The pilots
were followed by these men on their way to the
aircraft. As soon as the pilots entered the aircraft, they
pulled out their firearms and gave instructions where to
fly the aircraft. Does the anti-hijacking law apply?
36. While the stewardess of Philippine Air Lines plane
bound for Cebu was waiting for the passenger manifest,
two of its passengers seated near the pilot directed the
pilot, at gunpoint, to fly the aircraft to the Middle East.
However, before the pilot could fly the aircraft towards
the Middle East, the offenders were subdued, and the
aircraft landed. Did the two passengers commit
hijacking?
37. Is carrying or loading flammable, corrosive,
explosive or poisonous substance absolutely
prohibited?
38. What are the main crimes punished in the Human
Security Act of 2007?
39. What are the elements of Terrorism?
40. What are the predicate crimes in terrorism?
41. A Chief of Police, his driver and two policemen were
ambushed and killed. Is this terrorism?
42. Suppose a person bombed a shopping mall. Many
people died. People panicked and fear swept all over
the place. Is this Terrorism?
43. Frustrated by the way his case was being handled by
the Ombudsman, Inspector Jose took control of a bus
plying along EDSA and stopped it at the corner of EDSA
and Quezon Avenue. He took the passengers of the bus
as hostages. He demanded for his exoneration, but the
government refused. Inspector Jose killed all the 50
passengers of the bus before he was subdued by the
responding policemen. Did Jose commit the crime of
terrorism?
44. While SSS Maria, a Philippine registered vessel, was
still 100 miles from Aparri, Cagayan, its engine
malfunctioned. The Captain ordered the ship to stop for
emergency repairs. While the ship was anchored, a
motorboat manned by Remus, who is a resident of
Cagayan, passed by. Remus pointed his M16 rifle
against the officers and crew, while Remus’ men (also
residents of Cagayan) cut the ship engines and took
away several heavy crates of electrical equipment.
Based on these facts, Remus and his men have likely
committed:
A. Piracy in Philippine waters because the vessel was
within the economic zone of the Philippines
B. Piracy in Philippine waters because the offenders
were Filipino citizens
C. Piracy on the high seas because the robbery took
place beyond the 12-mile territorial limit
D. Piracy on the high seas because the crime was
committed in waters without boundaries of low water
mark.
45. Christopher is one of the passengers of PH Airlines
bound for Cebu. All the passengers were already in; all
the doors were closed. But because of air traffic, the
airplane could not fly. The airplane was at a stationary
position for about 20 minutes when Christopher, who
was irritated, approached the Captain and with force,
took control of the airplane. Based on these facts,
Christopher had likely committed:
A. Grave Coercion because he compelled the captain to
do something against his will
B. Grave Coercion because the airplane was in still in
the ground
C. Hijacking because the airplane was already flying.
D. Hijacking because the airplane was already
considered flying.
46. Frustrated by the way his case was handled by the
Ombudsman, Inspector Jose took control of a bus plying
along EDSA and stopped at the corner of EDSA and
Quezon Avenue. He took the passengers of the bus as
hostages. He demanded for his exoneration. The
government refused. Inspector Jose killed all the 50
passengers of the bus before he was subdued by the
responding policemen. Based on these facts, the
Prosecutor will likely:
A. Find Inspector Jose liable for Terrorism because he
coerced the government to give in to his unlawful
demand.
B. Find Inspector Jose liable for Terrorism because the
mere commission of mass murders constitutes the
crime of terrorism.
C. Exonerate Inspector Jose for Terrorism because mass
murder alone is not terrorism.
Crim Prelims Reviewer Q&A 3 | P a g e
D. Exonerate Inspector Hose for Terrorism because the
law penalizing terrorism is void for being vague.
47. When Honorio was already inside the tourist bus, he
tied the hands of the driver to the driving wheel and
closed the door of the bus. He took the 30 passengers
as hostages. He demanded that he be reinstated to his
position in the government. The hostage-taking lasted
for 8 hours; 15 hostages were killed by him and the rest
were rescued alive. The incident caused tremendous
fear to the hostages. The whole incident was
broadcasted by both radio and television. Thousands of
people heard and saw the whole incident. When the
government launched a final assault, the hostage taker
was captured alive. What was the crime committed by
the hostage taker?
A. Terrorism
B. Special complex crime of kidnapping with murder
C. Murder (several counts) pure and simple
D. Serious illegal detention pure and simple
Title Two
Crimes Against the Fundamental Laws of the State
1. How is Arbitrary Detention committed?
2. A janitor at the Quezon City Hall was assigned in
cleaning the men’s room. One day, he noticed a fellow
urinating so carelessly on the floor instead on the bowl.
The janitor resented this. He stepped out of the men’s
room and locked the same. The fellow was able to come
out only after several hours when people outside
forcibly opened the door. Is the janitor liable for
arbitrary detention?
3. A Municipal Treasurer has been courting his
secretary. However, the secretary always turned him
down and thereafter tried to avoid him. One afternoon,
the Municipal Treasurer locked the secretary inside
their office until she started crying. The treasurer
opened the door and allowed her to go home. What
crime, if any, was committed by the Municipal
Treasurer?
4. What is meant by Legal Grounds?
5. What are the legal grounds for a public officer to
detain a person?
6. Suppose a police officer is armed with a warrant of
arrest, can there be an occasion in which he may
commit arbitrary detention?
7. In what situation is arbitrary detention committed
even if the offender performed a criminal act?
8. According to the information gathered by the police
on July 2, 1991, Maguan was driving his car along
Wilson Street. Go entered Wilson Street also. At the
corner of Wilson and J. Abad Santos Streets, Go and
Maguan’s cars nearly bumped each other. Go alighted
from his car, walked over and shot Maguan inside his
car. Go then boarded his car and left the scene. A
security guard at a nearby restaurant was able to take
down Go’s car plate number. The police arrived shortly
thereafter at the scene of the shooting. Verification at
the Land Transportation Office showed that the car was
registered to the wife of Go. On July 8, 1991, Go
presented himself before the San Juan Police Station to
verify news reports that he was being hunted by the
police. The police forthwith detained him. Is the arrest
of Go a valid warrantless arrest?
9. At around 6:45 in the evening, 6 armed men barged
into the Bughao residence and introduced themselves
as members of the NPA. After extinguishing the 3 oil
lamps inside the house, they tied the arms and feet of
Troadio Bughao, his wife and his house helper. Then
they ransacked the cabinets and cleaned out the
premises of every valuable item they could carry. The
following day, the incident was reported to the police. A
police team was promptly dispatched to the place. The
police were able to recover from the suspects a clock,
cash amounting to P1,450, a ring and two caliber .38
paltik revolvers. Was the arrest of the suspects valid?
10. The Police Station at Sta. Barbara, Pangasinan
received a report that a man was found dead on the
field near the rice mill of a certain Mrs. Thelma Bautista
at Barangay Ventinilla West, Sta. Barbara, Pangasinan.
Upon investigation, the policemen found the cadaver,
identified to be that of Manongdo, lying prostrate on
the ground with one gunshot wound on the head.
Subsequently, Cendeña was apprehended and later
charged with the crime of murder. Was the arrest of
Cendeña valid?
11. Two teams of policemen were formed to rescue a
kidnap victim. The second team was stationed at Fort
Crim Prelims Reviewer Q&A 4 | P a g e
Bonifacio to await instructions from the Leader of the
two teams; they had been monitoring what was
happening on the place where the ransom money was
supposed to be delivered through the first team who
were positioned at the said place. The second team had
been waiting from 4PM to 6PM when they received
information that the kidnap victim was released
unharmed. They were further asked to maintain their
position in Fort Bonifacio. At around 7:45PM, they
heard on their radio that suspect’s vehicle, a red Nissan
Sentra, was heading in their direction. A few minutes
later, they saw the red car and tailed it until it reached
Dasmariñas Village in Makati. They continuously
followed the car inside the village. When the said car
slowed down, they blocked it and immediately
approached the vehicle. They introduced themselves as
policemen and accosted the suspect. The suspect was
requested to open the compartment and a gray bag
containing money and jewelry was found inside. The
suspect was then brought to the police station. Was the
arrest of the suspect valid?
12. What are the requisites of an arrest in flagrante
delicto?
13. Article 269 of the Revised Penal Code punishes
unlawful arrest; how do you differentiate arbitrary
detention from unlawful arrest?
14. A police officer pointed his long firearm at Galvante
and searched the latter’s vehicle without a search
warrant and confiscated from Galvante a pistol and
other firearms. The police officer was charged with
making search without search warrant. Is the police
officer liable?
15. What are then the searches punishable by the
Revised Penal Code?
16. What is the meaning of “delivery” under Article
125?
17. In what situation does the article may operate?
18. Within what period should a police officer who has
arrested a person under a warrant of arrest turn over
the arrested person to the judicial authority?
19. On May 28, 2012, Aries was arrested without a
warrant of arrest and detained at the Lubao Police
Station for reckless imprudence resulting in homicide.
Aries did not assist his victim but ran away. Thinking
that reckless imprudence resulting in homicide is
punishable only within prision correctional, the Inquest
Prosecutor filed an Infromation with the Municipal Trial
Court the following day. However, since it was alleged
in the information that Aries escaped without helping
his victim, the case falls within the jurisdiction of the
Regional Trial Court. After 5 days, Aries’ counsel wrote
the Chief of Police of Lubao demanding the immediate
release of Aries considering that he failed to deliver the
detained to the proper judicial authority within 36
hours from May 28. The Chief of Police did not act on
this letter and continued to detain Aries. Is the Chief of
Police of Lubao liable for delay in the delivery of
detained persons to the proper judicial authority?
20. Suppose the person arrested without a warrant is a
suspected terrorist, for how long can he be detained
without a charge filed in court?
21. What are the requisites before this kind of
warrantless arrest can be availed of by the police
officer?
22. What should the PLEP do upon arrest of a person
suspected of terrorism or conspiracy to commit
terrorism?
23. What should the judge do when a suspected
terrorist arrested without warrant is presented to him?
24. What is the liability of the PLEP who failed to make
the report to the judge as mentioned above?
25. Prior surveillance is one of the requisites before a
police officer or law enforcement personnel can arrest a
suspected terrorist without a warrant, how is the
surveillance done?
26. Can communications between lawyers and clients
be the subject of surveillance?
27. The other means to build up a case against a
suspected terrorist is the examination of his bank
accounts; when, who and how is the examination of
bank accounts done?
28. Who has the authority to grant the application to
examine bank deposits, accounts, and records and on
what grounds?
Crim Prelims Reviewer Q&A 5 | P a g e
29. In the event of an actual or imminent terrorist Dominador, without waiting for the mass to finish,
attack, for how long can a suspected terrorist be arrested Father Alfred. Consequently, the mass ended.
detained without judicial warrant of arrest? Did Dominador commit any crime?

30. Is there a criminal liability in case the police or law 36. While a baccalaureate mass was being held at the
enforcement personnel failed to deliver the suspect to school quadrangle, a group of 20 senior college students
the proper judicial authority within 3 days? staged a picket outside of the quadrangle. Their
placards showed naked women dancing in front of
31. Alberto, Bernardo and Carlos were looking for a
priests. Did these students, who are over 18 years of
person named Virgilio whom Carlos suspected of
age, commit the crime of offending the religious
stealing his fighting cock. Alberto and Bernardo were
feelings?
policemen, while Carlos was a caretaker of fighting
cocks. Carlos requested Alberto and Bernardo, then in 37. Suppose a police officer detains a person without
uniform, to accompany him to Virgilio’s house to look legal ground and tortured this person, what is/are the
for the fighting cock. The 3 then went to Virgilio’s crime/s committed by the police officer?
house. When the policemen knocked on the door,
38. What is meant by “Torture” under R.A. No. 9745 or
Virgilio’s wife, Maria, opened it. The policemen told
the Anti-Torture Act of 2009?
Maria that they came to inquire about a lost fighting
cock. Maria protested and immediately demanded the
three to leave. The policemen refused. Instead, they
started searching the house for the fighting cock over
the objections of Maria who said that she would file a
complaint against them after her husband comes home
from work. As they did not see any fighting cock, the
three left. What crimes, if any, did Alberto, Bernardo
and Carlos commit? (1989 Bar Problem)

32. The City Mayor of Manila wanted to make the city

free from prostitution. He ordered certain prostitutes to
be transferred to Davao without observing due process.
What is the crime committed by the Mayor?

33. One hundred students belonging to the Movement

for Progressive Governance staged a rally at the foot of
Mendiola Bridge in Manila without a permit. This place
was designated by an Ordinance as a freedom park.
While the speakers of the rally were still delivering their
speeches, the police dispersed the rally because of the
absence of the permit. Are the policemen guilty of any
crime?

34. Article 131 penalizes interruption or dissolution of

peaceful meeting and Article 153 also penalizes
interruption or disturbances of peaceful meetings, what
is the difference between these two crimes?

35. Dominador, a policeman, was armed with a warrant

of arrest commanding him to arrest Father Alfred who
was charged with sexual abuse. He arrived at the church
at the time Father Alfred was officiating a mass.

Crim Prelims Reviewer Q&A 6 | P a g e