WW2 EXAM

By Atty. Re Charles P. Tupas

1. Crimes that may NOT be possibly committed when a person is transported from one
place to another. D
a. Forcible Abduction
b. Kidnapping with serious illegal detention
c. Grave Coercion
d. Grave Threats to deprive a person’s liberty

2. Maria, a minor, was dragged to the house of Gutierrez after she refused to go with him.
Upon reaching the house, he tied her hands. When Maria pleaded that she be allowed to
go home, he refused. Although Maria only stayed outside the house, it was inside the gate
of a fenced property which is high enough such that people outside could not see what
happens inside. What crime was committed by Gutierrez? C
A. Art. 271, Inducing a Minor to Abandon His Home
B. Art. 270, Kidnapping and Failure to Return a Minor
C. Art. 267, Kidnapping and Serious Illegal Detention
D. Unlawful Arrest

3. Anniban and Lerio are neighbors. Lerio entered the house of Anniban, laid down beside
the infant child of Anniban and began chatting with her. Lerio then told Anniban that she
would take the infant outside to bask him under the morning sun but the latter refused. A
few minutes later, Anniban realized that Lerio and her child were no longer in the house.
After searching, Anniban found her infant child, Lerio’s boyfriend, and Lerio on board a
vessel. Lerio, together with co-accused were charged with Kidnapping of a Minor. Are
they liable as charged? B
a. No, Crime is infanticide
b. Yes, Crime is Kidnapping and Serious Illegal Detention
c. No, Crime is Failure to Return a Minor
d. No, Crime is Grave Coercion

4. Suppose the kidnapped victim disappeared, will such disappearance negate criminal
liability of the kidnappers? A
a. No because the crime itself is mala in se.
b. Yes because there is no corpus delicti to speak of.
c. No because the crime is a felony that may be committed either by dolo or culpa.
d. Yes because no evidence can no longer be presented in the court of law

5. Which of the following effects of the voluntary release of the victim on the criminal
liability of the kidnappers is incorrect? D
a. If it is serious illegal detention, the voluntary release has no effect on the criminal
liability of the offenders.
b. If it is slight illegal detention, the voluntary release will mitigate the criminal liability
of the offenders.
c. In kidnapping for ransom, voluntary release will not mitigate the crime.
 d. Regardless of any kidnapping, a release of the victim shall exonerate the offender
from the crime under the exempting circumstances.

6. A mere extortion of ransom without any demand shall aggravate the penalty of
Kidnapping. True.

7. The following are special complex crimes that may arise in kidnapping except: D
a. Kidnapping with homicide
b. Kidnapping with rape
c. Kidnapping with physical injuries
d. Kidnapping with child abuse

8. Rafael was forcibly dragged and poked with a gun by the accused. Upon Rosalina’s plea
for pity due to Rafael’s existing heart ailment, Rosalina was allowed to apply CPR. Later
that afternoon, while being detained inside a room unknown to Rosalina, Rafael had just
died and his body was placed inside the trunk of a car. What crime/s was/were
committed? A
a. Special Complex Crime of Kidnapping with Homicide
b. Separate Crimes of Kidnapping and Murder
c. Complex Crime of Forcible Abduction with Murder
d. Separate Crimes of Forcible Abduction and Murder
e. Murder
f. Homicide

9. The accused detained the victim AAA for 39 days and raped her four (4) times, what
crime/s was/were committed? B
a. kidnapping with rape, four counts of rape and rape through sexual assault were
committed.
b. Special Complex Crime of Kidnapping with Rape
c. Kidnapping and separate crimes of Rape
d. Kidnapping only because Rape is absorbed
e. Rape only because Kidnapping is absorbed

10. Sexy boarded a taxi on her way home from a party. Because she was already tipsy, she
fell asleep. Pogi, the taxi driver, decided to take advantage of the situation and drove
Sexy to a deserted place where he raped her for a period of two (2) weeks. What crime
did Pogi commit? A
a. Special Complex Crime of Kidnapping with Rape
b. Kidnapping and separate crimes of Rape
c. Kidnapping only because Rape is absorbed
d. Rape only because Kidnapping is absorbed
11. If the crime of kidnapping was committed through conspiracy and rape was committed
on the occasion thereof, but one of the conspirators were no longer associated with the
one who raped the victim, ca he be held liable for kidnapping with rape? A.
a. No, he cannot be held liable for the subsequent rape of the victim.
b. Yes, in conspiracy, the act of one is the act of all.
 c. No, he cannot be liable for rape and also for kidnapping because he disassociated
himself from the Special Complex Crime of Kidnapping with Rape.
d. Yes, he can be liable because there was an agreement to commit a felony and he had
executed the same.

12. In 1944, The accused wrote the word “victory” in ink at the back of a genuine pre-war
treasury certificate, which has been withdrawn from circulation. The accused used this
certificate to buy balut eggs. He is liable for forgery. True.

13. Falsification is committed through except: D

a. Issuing in an authenticated form a document
b. Altering true dates
c. Counterfeiting or imitating any handwriting, signature or rubric;
d. Making truthful statements in a narration facts

14. Max was forced by a policeman to sign a document entitled “Sinumpaang Salaysay” in which Max
implicated Xyrell as the brain behind the robbery of a bank where P600, 000.00 were lost. The document was
prepared by the policeman upon the advice of Ben, the bank’s lawyer, who was present when the policeman
asked Max to sign the document. As Max refused to sign it, the policeman held him by the neck and forced him
to sign, which he did as he was afraid he might be bodily harmed.

During the hearing of the robbery before the Fiscal’s Office, Ben submitted the “Sinumpaang Salaysay” as
evidence, on the basis of which Xyrell was included in the information filed by the Fiscal in court.

When Max testified in court, he repudiated the document and told the court there was no truth to its contents
as he was merely forced to sign it. Which in the Article of RPC is the lawyer Ben liable? A.

A. Art.172
B. Art. 173
C. Art. 174
D. Art. 175

14. Ara signed her husband’s name in endorsing his treasury warrants which were delivered
to her directly by the district supervisor who knew that her husband had already died, and
she used the proceeds to pay for the expenses of her husband’s last illness and his burial.
She knew that her husband had accumulated vacation and sick leaves the money value of
which exceeded that value of the three treasury warrants, so that the government suffered
no damage. Andrea’s appeal is based on her claim of absence of criminal intent and of
good faith. What crime should she be guilty of?

A. falsification of public documents

B. estafa

C. Using False Certificates

D. Manufacturing and possession of instruments or implements for falsification

 15. A falsified official or public document was found in the possession of the accused. No evidence was
introduced to show that the accused was the author of the falsification. As a matter of fact, the trial
court convicted the accused of falsification of official or public document mainly on the proposition
that “the only person who could have made the erasures and the superimposition mentioned is the
one who will be benefited by the alterations thus made” and that “he alone could have the motive for
making such alterations”.

Was the conviction of the accused proper although the conviction was premised merely on the aforesaid
ratiocination? A.

a. Yes

b. It depends.

c. No.

d. The intent must be determined first.

16. Rico testified on the genuineness of the document in Court knowing otherwise, what
crime did he commit? A.

a. False Testimony in Civil Cases

b. Perjury

c. Offering false testimony in evidence

d. Falsification of Public Document

e. No Criminal Liability

17. Subordination of perjury refers to the act of a person procuring a false witness to testify and thereby
commit perjury. Based on the aforementioned, the procurer in such crime is merely:

a. Principal

b. Accomplice

c. Principal by Conspiracy

d. Accessory

18 Shaolin purchased the share of the stockholders of SUX Corporation in two installments, making
him the majority stockholder thereof and eventually, its president. Because the stockholders who
sold their stocks failed to comply with their warranties attendant to the sale, Shaolin withheld
payment of the second installment due on the shares and deposited the money in escrow instead,
subject to release once said stockholders comply with their warranties. The stockholders
concerned, in turn, rescinded the sale in question and removed Shaolin from the Presidency of
the Sux Corp., Shaolin then filed a verified complaint for damages against said stockholders in
 his capacity as president and principal stockholder of SUX Corp. In retaliation, the stockholders
concerned, after petitioning the Securities and Exchange Commission to declare the rescission
valid, further filed a criminal case for perjury against Shaolin, claiming that the latter perjured
himself when he stated under oath in the verification of his complaint for damages that he is the
President of the SUX Corporation when in fact he had already been removed as such.

Under the facts of the case, what crime did Shaolin commit if any? E.

a. False Testimony in Civil Cases

b. Perjury

c. Offering false testimony in evidence

d. Falsification of Public Document

e. No Criminal Liability

18. Angelina, a government employee, was administratively charged with immorality for having an affair
with Ben, a co-employee in the same office who believed him to be single. To exculpate himself,
Angelina testified that he was single and was willing to marry Ben, He induced Charlene to testify and
Charlene did testify that Ben was single. The truth, however, was that Angelina had earlier married
Dino, now a neighbor of Charlene. Which statement is correct? A.

a. Angelina is not guilty of perjury.

b. Angelina is guilty of perjury.

c. Angelina is guilty of perjury same as Charlene.

d. Angelina is not guilty of perjury but Charlene is guilty of perjury.

19. Rizzo Tupas, a Chinese national, filed a petition under oath for naturalization, with the Regional Trial
Court of Manila. In his petition, he stated that he is married to Rizza Cruz; that he is living with her in
Sampaloc, Manila; that he is of good moral character; and that he has conducted himself in an
irreproachable manner during his stay in the Philippines. However, at the time of the filing of the
petition, Rizza Cruz was already living in Cebu, while Rizzo was living with Bebelyn Rodriguez in
Manila, with whom he has an amorous relationship. After his direct testimony, Rizzo Tupas withdrew
his petition for naturalization. What crime or crimes, if any, did Rizzo Tupas commit? B.

A. False Testimony in Civil Cases

B. Perjury
 C. Offering false testimony in evidence

D. Falsification of Public Document

E. No Criminal Liability

20. Rosa Roces, a bold actress living on top floor of a plush condominium in Bacolod City sunbathed
naked at its penthouse every Sunday morning. She was unaware that the business executives holding
office at the adjoining tall buildings reported to office every Monday morning and, with the use of
powerful binoculars, kept on gazing at her while she sunbathed. Eventually, her sunbathing became
the talk of the town. What crime, if any, did the business executives commit? E.

a. Grave Scandal

b. Vagrancy

c. Obscenity

d. Alarms and Scandal

e. No Criminal Liability

21. John and Mary are workmates. Later, intimacy developed between them. One day, John
sent to Petra a booklet contained in a pay envelope which was securely sealed. The
booklet contains their photos having sexual intercourse as a couple. Whoch felony, if any,
did John commit? E.

a. Par. 3 of Art. 201 of the RPC

b. Acts of Lasciviousness

c. Unjust Vexation

d. Grave Scandal

e. No Criminal Liability

22. During a PNP buy-bust operation, Shaolin was arrested for selling 20 grams of
methamphetamine hydrochloride (shabu) to a poseur-buyer. Shaolin through an
intermediary, paid Ricky, the Evidence Custodian of the PNP Forensic Chemistry
Section, the amount of P500,000 in consideration for the destruction by Ricky of the
drug. What crime did Ricky commit, if any? D.
 A. Corruption of Public Officers

B. Indirect Bribery

C. Malversation

D. None of the above

23. Ara, who is the private complainant in a murder case pending before a Regional Trial
Court judge, gave a judge a Christmas gift, consisting of big basket of assorted canned
goods and bottles of expensive wines, easily worth P100,000. The judge accepted the gift
knowing it came from Ara. Which one is true? C.

a. The judge committed Direct Bribery.

b. Ara committed Direct Bribery.

c. The judge Committed Indirect Bribery.

d. Ara committed Indirect Bribery

e. The Judge committed Corruption of Public Officers

24. Which one is not true with regard to Qualified Bribery?A

A. A judge can be charged of this felony,

B. A police can be charged of this felony.

C. A prosecutor can be charged of this felony.

D. A chief of police can be charged of this felony.

25. Dennis, who is a Municipal Treasurer of the town, was also the treasurer of a charity ball
of the church. Because he was short of payroll funds for the municipal employees, he
used part of the church funds to replenish the payroll funds with the intention of returning
the same when the public funds came. Based on the facts, what crime did Dennis
commit? F

a. Malversation.

b. Technical Malversation

c. Corruption of Public Officers

 d. Direct Bribery

e. Indirect Bribery

f. None of the Above

26. Dario, an NBI agent, was issued by the NBI an armalite rifle (M16) and a Smith and Wesson Revolver
Cal. 38. After a year, the NBI Director made an inspection of all the firearms issued. Dario, who
reported for work that morning, did not show up during the inspection. He went on absence without
leave (AWOL). After two years, he surrendered to the NBI the two firearms issued to him. He was
charged with malversation of government property before the Sandiganbayan.
Dario put up the defense that he did not appropriate the armalite rifle and the revolver for his own
use, that the delay in accounting for them does not constitute conversion and that actually the
firearms were stolen by his friend, Chiting. Which one is correct? B
a. Dario has no criminal liability.
b. Dario is liable for Malversation of Public Funds or Property.,
c. Dario is liable for corruption of Public Officers
d. Dario is liable for Indirect Bribery
e. Dario is liable for technical Malversation
27. Mary is the municipal treasurer of Bacolod City. On January 1, 2004, she received, as municipal
treasurer, from the Department of Public Works and Highways, the amount of P400, 000.00 known
as the fund for construction, rehabilitation, betterment, and Improvement (CRBI) for the concreting
of Barangay Estefania Road located in Bacolod City, a project undertaken on proposal of the Barangay
Captain. Informed that the fund was already exhausted while the concreting of Barangay Estefania
Road remained unfinished, a representative of the Commission on Audit conducted a spot audit of
Elizabeth who failed to account for the P400, 000 CRBI fund. Elizabeth, who was charged with
malversation of public funds, was acquitted by the Sandiganbayan of that charge but was
nevertheless convicted, in the same criminal case, for illegal use of public funds. On appeal, Elizabeth
argued that her conviction was erroneous as she applied the amount of P100, 000.00 for a public
purpose without violating any law or ordinance appropriating the said amount for any specific
purpose. The absence of such law or ordinance was, in fact, established. Which one is true? A
A. Mary is not liable for technical malversation.
B. Mary is liable for technical malversation.
C. None of the above.
D. No criminal liability because of Mary’s good faith,

28. Upon their application, Mara and Clara were appointed as Fiscal agents of the
sequestered firm and they were given custody and possession of the sequestered building
and its contents, including various vehicles used in the firm’s operations.

After a few months, an inventory was conducted and it was discovered that two (2) delivery vans
were missing. After demand was made upon them, Mara and Clara failed to give any satisfactory
explanation why the vans were missing or to turn them over to the PCGG; hence, they were charged
with Malversation of Public Property. During the trial, the two accused claimed that they are not
public accountable officers and, if any crime was committed, it should only be Estafa under Art. 315,
par. 1(b) of the Revised Penal Code. What is the proper offense committed, if any? B.
A. No Criminal Liability
B. Malversation
C. Technical Malversation
 D. Estafa
E. Direct Bribery
F. Corruption of Public Officers

29. Antonio, the Municipal Treasurer of the Municipality of Hinoba-an, was in a hurry to return to his
office after a day- long official conference. He alighted from the government car which was officially
assigned to him, leaving the ignition key and the car unlocked, and rushed to his office. Julio, a
bystander, drove off with the car and later sold the same to his brother, Gino for P720, 000.00,
although the car was worth P1,000, 000.00. What crime did Antonio commit? A.

A. Malversation

B. Technical Malversation

C. Carnapping

D. Fencing

E. No criminal liability

30. Evasion of Prisoners from Jail can be committed thru Negligence. A.

a. True

b. False

c. It Depends
31. During a town fiesta, Edgar, the chief of police, permitted Ben, a detention prisoner and his
compadre, to leave the municipal jail and entertain visitors in his house from 10:00 am to 8:00 pm.
Ben returned to the municipal jail at 8:30 pm. What crime did Edgar commit, If any? A.
a. Infidelity in the Custody of a Prisoner
b. Corruption of Public Officers
c. Malversation
d. Technical Malversation
e. No criminal liability
32. Raymund was dismissed from his job by his employer. Upon reaching home, his pregnant wife,
Carmela, nagged him about money for her medicines. Depressed by his dismissal and angered by the
nagging of his wife, Raymund struck Carmela with his fist. She fell to the ground. As a result, she and
her unborn baby died. What Crime did Raymund Commit, if any? B.
a. Double Parricide
b. Parricide with Unintentional Abortion
c. Parricide with Infanticide
d. Parricide with Homicide
e. Death under exceptional Circumstance
33. In 1991, Peter, then a resident of Bacolod City , abandoned his wife and their son, Jose, who was then
only three years old. Twenty years later, an affray took place in a bar in Bacolod City between Peter
and his companions, on one hand, and Jose and his friends, upon the other, without the father and
son knowing each other. Jose stabbed and killed Peter in the fight, only to find out, a week later, when
 his mother arrived from Manila to visit him in jail, that the man whom he killed was his own father.
What crime did Jose commit? C.
a. Murder
b. Death in a Tumultuous affray
c. Parricide
d. Homicide

Maria was pregnant with Mario’s child. Upon learning of her pregnancy, already in an advanced state,
Mario tried to persuade her to undergo an abortion, but she refused. Because of their constant and bitter
quarrels, she suffered birth pangs and gave birth prematurely to a live baby girl while Mario was at his place
of work. Upon coming home and learning what happened, he prevailed upon Maria to conceal his dishonor.
Hence, they placed the infant in a shoe and threw it into a nearby creek on the same day of birth. However, an
inquisitive neighbor saw them and with the help of others, retrieved the infant who was already dead from
drowning. The incident was reported to the police who arrested Maria and Mario. What crime did they
commit? C

a. Parricide

b. Infanticide

c. Abortion

d. Homicide

e. Murder

34. Ara, a Senior Citizen woman, was brought to the hospital in a coma with slight cerebral hemorrhage.
An endotracheal tube was inserted in her mouth to facilitate her breathing. Dado, a hospital janitor,
removed the tube. The victim started to convulse and bleed in the mouth. Only the timely arrival of
the nurse prevented the patient’s death. The patient was then transferred to another hospital where
she died the next day of cardio-respiratory. Is Dado criminally liable? If so, what crime was
committed? B.
a. No, good faith to end the suffering of the woman.
b. Yes, murder.
c. Yes, Homicide.
d. Yes, Parricide if she knows that woman is his sister.

35. Candido stabbed instantaneously an innocent bystander who accidentally bumped him. The innocent
bystander died as a result of the stabbing. Candido was arrested and was tested to be positive for the
use of “shabu” at the time he committed the stabbing. What should be the proper charge against
Candido? “A”
a. Murder
b. Homicide
c. No criminal liability because it is just an accident
d. Death in a Tumultuous Affray

36. In a free-for-all brawl that ensued after some customers inside a nightclub became unruly, guns were
fired by a group, among them Adam and Steve, that finally put the customers back to their senses.
Unfortunately, one customer died. Subsequent investigation revealed that Adam’s gunshot had
 inflicted on the victim a slight wound that did not cause the deceased’s death nor materially
contribute to it. It was Steve’s gunshot that inflicted a fatal wound on the deceased. What is the
Criminal Liability of Adam? B.
a. Slight Physical Injury
b. Attempted Homicide
c. Less Serious Physical Injury
d. Frustrated Homicide
e. Serious Physical Injury
f. Consummated Homicide

37. Beauty saw Ben stealing the prized cock of a neighbor and reported him to the police. Thereafter,
Ben, while driving a car, saw Beauty crossing the street. Incensed that Beauty had reported him, Ben
decided to scare her by trying to make it appear that he was about to run her over. He revved the
engine of his car and drove towards her but he applied the brakes. Since the road was slippery at that
time, the vehicle skidded and hit Belle causing her death. What is the liability of Gaston? A.
A. Homicide
B. No criminal liability, no intent to kill
C. Physical injuries only because there is no intent to kill
D. Murder

38. The complainant, an eighteen-year old mental retardate with an intellectual capacity between the
ages of nine and twelve years, when asked during the trial how she felt when she was raped by the
accused, replied “Masarap, it gave me much pleasure.” With the claim of the accused that the
complainant consented for a fee to the sexual intercourse, and with the foregoing answer of the
complainant, would you convict the accused of rape if you were the judge trying the case? B
a. No, the sexual intercouse is consented.
b. Yes, the consent is vitiated from the offended party.
c. No, the effended party in the said sexual intercourse is of legal age.
d. Yes, all sex even consented is rape if not done by married couple.
e. No, the offended finds it pleasurable therefore no violation of right

39. Ana charged Ben with the crime of rape. While the case was pending in court, Ben, together with his
mother and brother, overpowered Ana while riding a tricycle, dragged her inside a carenderia owned
by them and detained her for two (2) days. They demanded that she sign an affidavit of desistance
and reimburse Ben the sum of P5, 000.00 which he paid to his lawyer in the case. She was released
only after she signed the affidavit asking for the dismissal of the case and delivered to B P1, 000.00.
She promised to deliver the balance of P4, 000.00 thirty (30) days later. What crime was committed
by B, his mother and brother? C

A. Unlawful Arrest
B. Kidnapping only
C. Kidnapping with Ransom
D. Robbery

40. At about 11:00 in the evening, Daniel forced his way inside the house of Max. Jesus, Max’s son, saw
Daniel and accosted him. Daniel pulled a knife and stabbed Jesus on his abdomen. Max heard the
commotion and went out of his room. Daniel, who was about to escape, assaulted Max. Jesus suffered
 injuries which, were it not for the timely medical attendance, would have caused his death. Max
sustained injuries that incapacitated him for 25 days. Which of the following is not correct? D

A. Daniel committed the crime of qualified trespass to dwelling.

B. Daniel committed frustrated homicide for the stabbing of Jesus

C. Daniel committed less physical injuries for the assault on Max.

D. Daniel committed frustrated murder for the stabbing of Jesus.

41. Abel lost his gold necklace bearing his initials. He saw Cain wearing the said necklace. Abel asked Roy
to return to him the necklace as it belongs to him, but Cain refused. Abel then drew his gun and told
Cain, “If you will not give back the necklace to me, I will kill you!” Out of fear for his life and against
his will, Cain gave the necklace to Abel. What offense did Abel? C

a. None, the act is a justifying circumstance.

b. Attempted Homicide because of the intent to kill

c. Grave Coercion for compelling Cain to do something against the latter’s will.

d. Grave threats for threatening against Cain’s person life.

42. The suspect was forcibly brought to the police headquarters to make him admit the crime
and tortured/maltreated to make him confess to such crime but later released because the
agents failed to draw such confession. The agents committed the crime of: A

a. Grave coercion

b. Maltreatment of Prisoners

c. Physical Injuries

d. Attempted or Frustrated Homicide, as the case may be.