Special Laws-Reviewer

1. Allan is the Manager of Caroline in a factory. He kept on asking Caroline for a date.
One day she received a text message from Allan for a sexual favor in exchange for a
promotion as Supervisor of their unit. Upon receipt of the text, Caroline went to the
Police Station and filed a criminal complaint for violation of RA 7877 or Anti Sexual
Harassment Act. Allan immediately moved for the dismissal of the criminal case
because Caroline did not accept the sexual favor in exchange for the promotion and
nothing happened to them? If you were the police officer assigned to the case? Do
you agree with Allan’s contention of dismissing the case?

A. No. The mere act of demanding a sexual favor from Caroline regardless of
whether she accepted the sexual favor in exchange for promotion is not relevant
in the prosecution of RA 7877 (Sexual Harassment)
B. Yes. The case should be dismissed. Caroline must prove first that she was
promoted as a unit manager because of the sexual favor before Allan can be
prosecuted for RA 7877 (Sexual Harassment).
C. No. Allan should be prosecuted for Acts of Lasciviousness under the Revised
Penal Code instead of RA 7877 (Sexual Harassment)
D. None of the above.

Answer: A

2. Sexual Harassment can happen at the following places except:

A. School
B. Workplace
C. Official Conferences and Seminar
D. None of the above

Answer: D

3. During election gun ban, a commuter was validly searched at a check point
(warrantless) of unlicensed firearm. PO1 Mario sought your advice if he will file violation
of the COMELEC gun ban only or Illegal possession of firearm under RA 10591?

A. I will advise him to file separate charge for each crime for Illegal Possession
Firearm under RA 10591 and Violation of COMELEC Gun Ban.

B. I will advise him to drop the charge for Violation of Election Gun Ban because
the charge for Illegal Possession of firearms under RA 10594 carries heavier
penalty than the Violation of COMELEC Gun Ban

C. I will advise him to drop the charge for Illegal Possession of firearms because
filing a case against him for Violation of COMELEC Gun Ban constitutes double
jeopardy

D. None of the Above

ANSWER: A

4. Obet killed Mario, his rival in courting Maria. Obet used an unlicensed firearm in
killing Mario. How many crimes were committed?

A. One (1)
B. Two (2)
C. Three (3)
D. None of the above

Answer: A
5. If you were the Police handling the above-mentioned case what crime or crimes will
you charge?

A. Homicide only with Aggravating Circumstance of use of Loose Firearms

B. Homicide and separate criminal case for Violation of RA 10591 (Illegal
Possession of Firearms)
C. Violation of RA 10591 (Illegal Possession of Firearms)
D. Homicide

ANSWER: A

6. Marlon sought your advice as a law enforcer. He told you that he only has a license
to own a gun but he has no permit to carry it yet. He asked if his private car can be
considered an extension of his residence, such that he can just place the gun inside his
car. What advice will you give to Marlon if any?

A. I will advise Marlon to desist from placing his gun inside the private car because
a vehicle is not considered as extension of one’s residence. He should apply for
Permit to Carry License otherwise he may be fined or imprisoned or both.
B. I will advise Marlon that he can place the gun inside his car because a motor
vehicle can be considered an extension of one’s own residence.
C. I will advise Marlon to surrender his gun to the Firearms Explosives Office of the
PNP and apply for a permit to carry outside the premises.
D. None of the above

ANSWER: A

7. If Mario did not listen to your advice. He was apprehended and a gun was discovered
inside the compartment box of his car. What violation did he commit?

A. Violation of Section 31 of RA 10591-Absence of Permit to Carry Outside

Residence
B. Violation of Section 29 of RA 10591-Use of Loose Firearm in the Commission
of a Crime
C. Violation of Section 33-Arms Smuggling
D. None of the above

ANSWER: B

8. Jericho with lewd designs, took Ana, 16-year old girl to a nipa hut in his farm and
there had sexual intercourse with her. Ana did not offer any resistance because she
was infatuated with the Jericho, who was good-looking and belonged to a rich and
prominent family in the town. What crime on special penal laws crime, if any, was
committed by Jericho

A. None
B. Child Abuse under Rep. Act No. 7610
C. Human Trafficking under Rep Act No.
D. Rape

ANSWER: B

9. Some concerned citizens went to your police station and brought Lina, a 9 years old
adopted child of Mrs. Juanita. After you conducted an investigation, about the case you
found out that Mrs. Juanita used to whip Lina when she failed to come home on time
from school. Also, to punish her for carelessness in washing dishes, she sometimes
sent him to bed without supper which acts constitute “Child Abuse”under RA 7610.
Suddenly, Mrs. Juanita arrived at the police station telling you that she must not be held
liable for child abuse and requested for you to drop the charges because there is no
evidence she maltreated her adopted child habitually. She did punish her ward for
naughtiness or carelessness, but only mildly. What will you do?

A. I will still proceed with the filing of criminal charges for Child Abuse under RA
7610 against Mrs. Juanita because is not necessary that the maltreatment of
a child be "habitual" to constitute child abuse.
B. I will drop the criminal charges for child abuse because Lina being only an
adopted child, is not a legitimate child of Mrs. Juanita. In case of parents
maltreating their child, it must be proven that their relationship is legitimate for
RA 7610 to prosper;
C. I will drop the criminal charges against Mrs Juanita because her contention is
correct because the maltreatment was not habitual to constitute Child Abuse
under RA 7610;
D. B and C

ANSWER: A

10. Mark who is a regular massage spa-goer went to Hilom Spa. An entrapment
operation by the police was conducted and the one who is giving a massage to him was
a found to be a fifteen years old female. What is the criminal liability of Mark?

A. Acts of Lasciviousness
B. Statutory Rape
C. Attempt To Commit Child Prostitution Under Ra 7610
D. None of the above

ANSWER: C

11. John who is 13 years old committed a serious offense of parricide, what type of
intervention should he undergo under the Juvenile Justice Law?

A. Diversion Contract
B. Imprisonment
C. Intensive Institutional Intervention
D. Intervention to be conducted by the Social Worker

Answer: C

12. Ed who is 16 years old found to have discernment in the commission of a crime with
a penalty of more than six years. What type of intervention should he undergo under
the Juvenile Justice Law?

A. Intervention to be decided by Court like Rehabilitation Center

B. Imprisonment
C. Intensive Institutional Intervention
D. Intervention to be conducted by the Social Worker

Answer: A

13. A battered woman claiming self-defense under the Anti-Violence against Women
and Children must prove that the final acute battering episode was preceded by:

A. 3 battering episodes.
B. 4 battering episodes.
C. 5 battering episodes.
D. 2 battering episodes.

ANSWER: D
14. The Chief of Police of your station ordered you to drop the charge for RA 9262
(VAWC) against the lesbian partner of the complainant because only men are liable
under RA 9165. Is the contention of your Chief of Police correct?

A. No. VAWC may likewise be committed against a woman with whom the
“person”
has or had a sexual or dating relationship.

B. Yes. The Complainant’s lesbian partner and girlfriend, is not a man.

C. None of the above reasons are correct.

ANSWER: A.

15. PO2 Manabat clicked the “like” and “share” button in the facebook post of PO3
Manuel imputing PO1 Eric is a druglord protector and a gambler at the casino even if it
was not true. PO1 Eric subsequently filed an online libel case under Cybercrime
Prevention Act against PO3 Manuel and PO2 Manabat . Will the case against the both
of them prosper?

A. Yes. PO2 Manabat and PO3 Manuel are liable for online libel because the
facebook post tend to dishonor and discredit PO1 Eric

B. Yes. Except for PO2 Manabat. Only PO3 Manuel as the original author is
liable for online libel because his post tend to dishonor and discredit PO1 Eric

C. No. There is no criminal liability when the libelous statements are made
online.

D. None of the above

ANSWER: B

16. What is the criminal liability of PO3 Manuel? If any?

A. Online libel under Cybercrime Prevention Act of 2012

B. Libel under the Revised Penal Code and Cyber libel under Cybercrime
Prevention Act of 2012

C. Online Harassment

D. None of the above

ANSWER: A

17. What is the criminal liability of PO2 Manabat? if any

A. Aiding or Abetting Online Libel under Cybercrime Prevention Act

B. Aiding or Abetting Online Harassment

C. Cyberlibel

D. None. No criminal liability. Only the original author, not those who receive or
react to the post can be penalized.

ANSWER: D
18. PO1 Junard received a tip that Mark Manio’s internet shop is engaged in operating
an online child pornography. PO1 Junard made a thorough investigation and there were
positive findings that computers were used to commit pornography. PO1 Junard is a
new officer in your station who sought your advice as his superior. What is the best
advice that you can give to him?

A. I will advise him to form a team composed of his fellow police officers and
immediately raid the internet shop of Mark Manio by virtue of their personal
knowledge;

B. I will advise him to apply for a warrant of arrest for Mark Manio before the
court

C. I will advise him to apply for Search, Seizure and Examination Warrant under
A.M. No. 17-11-03-SC, Rule on Cybercrime Warrants, which took effect last
August 15, 2018.

D. None of the above.

ANSWER: C

PROBLEM: The Barangay Captain reported to the Police that X was illegally keeping in
his house in the Barangay an Armalite M16 rifle. On the strength of that information, the
police conducted a search of the house of X and indeed found said rifle. The police
raiders seized the the rifle and brought X to the Police station. During the investigation,
he voluntarily signed a Sworn Statement that he was possessing said rifle without
license or authority to possess, and a Waiver of Right to Counsel.

During the trial of X for illegal possession of firearm, the prosecution submitted in
evidence the Rifle and Sworn Statement and individually rule on the admissibility in
evidence of the:

19. Rifle:
A. The rifle is admissible as evidence because possessing a loose firearm is mala
prohibita and should be seized by law enforcers.
B. The rifle is not admissible as evidence because it is a product of fruit of
poisonous tree. It was seized without the benefit of a valid search warrant.
C. The rifle is admissible as evidence because it was seized in plain-view and valid
intrusion

ANSWER: B

20. Sworn Statement:

A. The Sworn Statement of X is not admissible as evidence because it was
executed without assistance by a counsel
B. The Sworn Statement may be admitted as evidence because it was executed in
in writing and duly signed by X
C. The Sworn Statement is admissible as evidence because it was executed
voluntarily and not under duress and threat by the police and he signed a waiver
of right to counsel