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PNP-SOSIA Private Detective practice questions

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Question 1Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which law expressly repealed Republic Act No. 5487, the Private Security Agency Law?

  1. Republic Act No. 10121
  2. Republic Act No. 11469
  3. Republic Act No. 11917 Correct answer.
  4. Republic Act No. 9136

Explanation

Republic Act No. 11917, the Private Security Services Industry Act, expressly repealed RA 5487. It also repealed inconsistent laws, decrees, orders, rules, and regulations. RA 5487 therefore no longer governs new applications except as historically relevant and for transitions under the IRR.

Question 2Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

When did Republic Act No. 11917 take effect?

  1. Thirty days after approval by the Council
  2. Fifteen days after publication Correct answer.
  3. Immediately upon approval by the PNP Chief
  4. Upon the President's signature

Explanation

RA 11917 contains the standard effectivity clause: it takes effect fifteen days after publication in the Official Gazette or in a newspaper of general circulation. Publication is required so that the public is officially informed of the new law. Approval alone does not make it effective.

Question 3Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Under the private security laws, who is a "private detective"?

  1. An investigator employed by a licensed detective agency Correct answer.
  2. A police officer assigned to a private client
  3. A security consultant who audits plant security
  4. A security guard who investigates theft at his post

Explanation

A private detective is a person who is not a member of the PNP or another law enforcement agency and who is employed by a licensed private detective agency to perform detective work for hire. The law separates this role from that of a security guard or a police officer. A consultant who only audits security systems is not necessarily a private detective.

Question 4Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

How is a "private security agency" defined for purposes of the private security laws?

  1. A government office that supervises guards
  2. A training school for security guards
  3. An entity that supplies security guards for hire Correct answer.
  4. A labor union of security guards

Explanation

The definition covers any person, association, partnership, firm, or corporation engaged in the business of providing security guards for hire. The key element is the business of supplying security guard services. A training school or a labor union is not, by itself, a private security agency.

Question 5Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Before a person may be employed as a security guard, what must he or she possess?

  1. A valid license to exercise the security profession Correct answer.
  2. A permit to carry a firearm outside residence
  3. A certificate of employment from the agency
  4. A barangay clearance and police clearance only

Explanation

No person may be employed as a security guard without a valid license to exercise the security profession issued by the PNP. Clearances and employment certificates do not substitute for the license. A firearm permit, if any, is separate and does not authorize guard employment.

Question 6Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

What is the minimum age required of an applicant for a license to operate a private security agency?

  1. At least twenty-one years of age
  2. At least twenty-five years of age Correct answer.
  3. At least thirty years of age
  4. At least eighteen years of age

Explanation

RA 5487 requires an operator to be a Filipino citizen, at least twenty-five years old, of good moral character, and not convicted of a crime involving moral turpitude. RA 11917 and its IRR retain the substance of these qualification requirements. The minimum age for a security guard is lower than that for an operator.

Question 7Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which PNP unit is primarily responsible for regulating and supervising private security agencies and security guards?

  1. Civil Security Group Correct answer.
  2. Highway Patrol Group
  3. Directorate for Intelligence
  4. Criminal Investigation and Detection Group

Explanation

The PNP Civil Security Group, through its security agencies and guards supervision office, handles licensing and regulation of private security agencies and guards. The other units listed perform intelligence, investigation, or patrol functions. The Civil Security Group acts under the policy guidance of the PSSIC and the DILG.

Question 8Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which body was created by RA 11917 to formulate policies for the private security services industry?

  1. Private Security Services Industry Council Correct answer.
  2. PNP Civil Security Group, through its licensing division
  3. Department of Justice
  4. National Bureau of Investigation

Explanation

RA 11917 created the Private Security Services Industry Council as the policy-making body for the industry. The PNP Civil Security Group implements licensing and regulation, while the Council sets policy direction. The DOJ and NBI are not the policy body for private security.

Question 9Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

A licensed security guard is off duty, in civilian clothes, and carrying his issued firearm while shopping. What is the legal position?

  1. Allowed, provided the guard is off duty and in civilian clothes
  2. Not allowed; carry is permitted only on duty in uniform Correct answer.
  3. Allowed, because the firearm is covered by a valid license
  4. Allowed, if the agency owner gives written consent

Explanation

A security guard may carry a firearm only while on duty, in uniform, and with the required firearm license and permit to carry. Being off duty in civilian clothes takes the guard outside the authorized circumstance. The agency owner's consent cannot cure the lack of legal authority.

Question 10Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which agency issues the license to exercise the security profession to a qualified security guard?

  1. Department of the Interior and Local Government
  2. Department of Justice
  3. Philippine National Police Correct answer.
  4. Local government unit

Explanation

The PNP, through the Civil Security Group, issues the license to exercise the security profession. The DILG exercises general supervision and policy coordination, while the DOJ and local government units do not issue the professional license. A mayor's permit is a business permit, not a guard license.

Question 11Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

An agency owner sells the business and hands over the agency license to the buyer. What is the legal effect?

  1. The transfer is valid if the deed is notarized
  2. The transfer is void; the license is non-transferable Correct answer.
  3. The transfer is valid once the buyer registers the business name
  4. The transfer is valid with the consent of the agency's clients

Explanation

A private security agency license is personal to the licensee and is not transferable. The buyer must apply for and obtain its own license before operating. A notarized deed or client consent does not convert the license into a transferable asset.

Question 12Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

A licensed private detective agency is hired to observe and document a spouse's suspected infidelity. Is the work within the agency's authority?

  1. Yes, provided the subject consents to the surveillance
  2. Yes, if the agency and detective hold valid licenses Correct answer.
  3. No, only the police may conduct surveillance
  4. No, surveillance requires a court order in all cases

Explanation

Surveillance and information gathering for a client are forms of detective work, which a licensed private detective agency may perform through licensed detectives. No court order is required for ordinary observation in public places, although the methods used must remain lawful. The work is not reserved exclusively to the police.

Question 13Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which circumstance is a ground for suspending or revoking a private security agency license?

  1. Filing a complaint against a PNP official
  2. Hiring a duly licensed security guard
  3. Renewing the license before its expiry date
  4. Conviction for a crime of moral turpitude Correct answer.

Explanation

Conviction of a crime involving moral turpitude is a statutory ground for disqualification and for revocation or suspension of a license. Violations of the law and implementing rules may also justify disciplinary action. Filing a complaint, hiring licensed guards, or renewing on time are not grounds.

Question 14Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Under RA 5487 as originally enacted, who was the licensing authority for private security and detective agencies?

  1. Chief of the Philippine National Police
  2. Chief of the Philippine Constabulary Correct answer.
  3. Director of the National Bureau of Investigation
  4. Secretary of National Defense

Explanation

RA 5487 originally vested licensing authority in the Chief of the Philippine Constabulary. When the PC was replaced by the PNP, the function was carried over to the PNP Chief and exercised through the Civil Security Group. The NBI and the Secretary of National Defense never held this licensing function under RA 5487.

Question 15Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

What is the minimum age for a person to be employed as a security guard?

  1. At least thirty years of age
  2. At least twenty-one years of age
  3. At least twenty-five years of age
  4. At least eighteen years of age Correct answer.

Explanation

The private security laws set the minimum age for a security guard at eighteen years. The guard must also be physically and mentally fit, of good moral character, and not convicted of a crime involving moral turpitude. The operator of an agency must be at least twenty-five.

Question 16Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

What does "detective work" refer to in the private security laws?

  1. Directing traffic at a private commercial establishment
  2. Guarding property against theft and trespass
  3. Training security guards in firearms use
  4. Investigating and gathering information for hire Correct answer.

Explanation

Detective work involves investigation, surveillance, and the gathering of information for hire or reward. It is the service that a licensed private detective agency provides through its detectives. Guarding property or training guards are different categories of security service.

Question 17Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which groups fall within the coverage of RA 11917?

  1. Only firearm dealers and training schools
  2. Private security agencies, guards, and detectives Correct answer.
  3. Only government security forces and police units
  4. Only security guards assigned to commercial establishments

Explanation

RA 11917 covers the private security services industry, including private security agencies, security guards, private detectives, and related security personnel and training institutions. It does not regulate government security forces or firearm dealers as its primary subject. The law succeeds RA 5487's coverage of agencies and guards while adding a broader industry framework.

Question 18Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

A security agency licensed in Metro Manila opens a branch office in Cebu without securing any additional authority. What is the legal status of the branch?

  1. It violates licensing rules; a separate authority is needed Correct answer.
  2. It is allowed with only a mayor's permit for the branch
  3. It is allowed because the main license covers the whole country
  4. It is allowed if the branch guards hold valid licenses

Explanation

Agency licenses are issued for the specific entity and office covered by the application; branch offices require separate licensing or authority from the PNP. Operating a branch without the required authority violates the licensing rules. The main license does not automatically extend nationwide.

Question 19Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

An applicant for a private detective agency license was previously convicted of estafa. How should the application be treated?

  1. Granted, if the applicant posts a surety bond
  2. Denied, because estafa involves moral turpitude Correct answer.
  3. Granted, if the applicant has five years of experience
  4. Denied only if the penalty exceeded ten years

Explanation

Estafa involves moral turpitude, and conviction of a crime involving moral turpitude disqualifies an applicant from operating a private detective or security agency. The law requires good moral character and no such conviction. A bond, experience, or the length of the sentence does not erase the disqualification.

Question 20Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

A licensed security guard accepts a paid surveillance job for a private client without any detective license or agency. What is the correct legal assessment?

  1. Allowed, because both jobs involve security work
  2. Not allowed unless he holds a detective license Correct answer.
  3. Allowed, if the agency head gives written consent
  4. Allowed, if the client signs a waiver of liability

Explanation

Detective work requires a private detective license and must be performed through a licensed private detective agency. A security guard license authorizes guard duties, not independent detective work. Agency consent or a client waiver cannot supply the missing license.

Question 21Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

What is the purpose of the implementing rules and regulations (IRR) of RA 11917?

  1. To prescribe penalties not found in the law
  2. To provide details for implementing the law Correct answer.
  3. To repeal the old law and create new agencies
  4. To amend the provisions of the law

Explanation

The IRR supplies the detailed procedures and standards needed to carry out the law, such as licensing steps and transitory rules. It cannot amend the statute, create new penalties, or repeal the law. It must remain consistent with RA 11917.

Question 22Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which applicant is qualified to hold a license to operate a private security agency?

  1. Any foreign corporation duly registered abroad
  2. A corporation with at least 60% Filipino equity Correct answer.
  3. A partnership composed entirely of foreign partners
  4. A sole proprietorship owned by a foreign national

Explanation

The operator must be a Filipino citizen, and a corporate applicant must meet the Filipino ownership requirement of at least sixty percent. Foreign-controlled entities are not eligible to hold the license. This reflects the nationality requirement in the private security law.

Question 23Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which office issues the license for firearms that may be used by qualified security guards?

  1. Department of Justice
  2. PNP Firearms and Explosives Office Correct answer.
  3. National Bureau of Investigation, firearms unit
  4. Department of National Defense

Explanation

The PNP Firearms and Explosives Office regulates firearm licenses and related permits. The guard must also hold a valid security guard license and comply with carry rules. The DND, NBI, and DOJ do not issue firearm licenses to private security guards.

Question 24Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

A private security agency's license expires, but the agency continues to accept clients and deploy guards. What is the legal consequence?

  1. It may continue for six months under the old license
  2. It must stop; operating without a license is unlawful Correct answer.
  3. It may continue while its renewal is pending
  4. It may continue if its clients consent in writing

Explanation

Operating a private security agency without a valid license is unlawful and exposes the operator to penalties. A pending renewal does not by itself extend the license unless the rules allow a provisional authority. Client consent cannot legalize unlicensed operations.

Question 25Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Before a security guard applicant may be licensed, which requirement must be met?

  1. A pre-licensing security training course Correct answer.
  2. A military reserve officer course
  3. A four-year criminology degree
  4. A firearms dealer accreditation course

Explanation

Applicants must complete a pre-licensing security training course from a PNP-accredited training institution. This is part of the professionalization requirement before the license to exercise the security profession is issued. A college degree, military course, or firearm dealer accreditation is not the required pre-licensing training.

Question 26Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which statute currently governs the organization, operation, and activities of private security and detective agencies in the Philippines?

  1. Republic Act No. 11917 Correct answer.
  2. Republic Act No. 8551
  3. Republic Act No. 6975
  4. Republic Act No. 5487

Explanation

Republic Act No. 11917 is the present law regulating the organization, operation, and activities of private security and detective agencies, replacing the earlier RA 5487 framework. The other statutes cited address the organization of the interior and local government department and the reorganization and reform of the police force.

Question 27Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Which entity must obtain its own license from the PNP before it may provide formal instruction and training to applicants for security guard licenses?

  1. A security training institution Correct answer.
  2. A private security agency
  3. A private detective agency
  4. A security consultancy firm

Explanation

Entities that offer formal security training must be separately licensed as security training institutions, and their programs, instructors, and facilities are subject to regulation by the PNP. An agency or detective agency license authorizes operations in the security or investigative business, not the conduct of training courses.

Question 28Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

A security guard is posted at a supermarket under a contract between the client and a licensed agency, and he claims everything needed is already in his possession. Which document authorizes that specific deployment?

  1. The agency's certificate of license to operate
  2. The client's own internal security plan
  3. His license to exercise the security profession
  4. The duty detail order issued for that assignment Correct answer.

Explanation

Under RA 11917 and its implementing rules, a guard may be deployed only under a duty detail order that identifies the client, the specific post, and the tour of duty. The individual license shows authority to practice the profession in general but does not by itself authorize any particular posting.

Question 29Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

The PNP revokes the license to operate of a private security agency after administrative proceedings. What is the effect on the individual licenses of its guards?

  1. The guard licenses lapse and may not be renewed.
  2. The guard licenses are suspended for one year by operation of law.
  3. The guard licenses remain valid unless separately revoked. Correct answer.
  4. The guard licenses are automatically revoked with the agency license.

Explanation

A license to operate belongs to the agency, while a license to exercise the security profession is personal to each guard and is issued, renewed, and revoked through a separate process on separate grounds. Revocation of the agency's license therefore does not by itself invalidate the guards' individual licenses.

Question 30Laws on Private Security and Detective Agencies (RA 11917, RA 5487, and implementing rules)

Two friends plan to hire licensed guards and supply them, for a fee, to shops in a business district. They argue that no agency license is needed because every guard they will hire already holds a valid individual license. How should their plan be treated?

  1. It is lawful because every deployed guard is individually licensed.
  2. It is unlawful because only corporations may supply guards.
  3. It is lawful if the shops pay the guards directly.
  4. It requires a license to operate as a security agency. Correct answer.

Explanation

The business of furnishing security guards for hire may be undertaken only by a licensed private security agency; an individual guard license authorizes practice of the profession, not the operation of an agency. Supplying guards without a license to operate is punishable under RA 11917 even if every guard deployed holds a personal license.

Question 31Criminal Law

A security guard charged with homicide claims he acted only to repel a knife attack. Which legal concept, if proven, would make his act lawful and remove criminal liability entirely?

  1. Minority
  2. Self-defense Correct answer.
  3. Passion and obfuscation
  4. Voluntary surrender

Explanation

Self-defense is a justifying circumstance under Article 11 of the Revised Penal Code; when all its elements are present the act itself is lawful. Voluntary surrender and passion or obfuscation merely mitigate the penalty, while minority exempts the offender from criminal liability without making the act lawful.

Question 32Criminal Law

Under RA 9344, as amended, a child is exempt from criminal liability if, at the time of the commission of the offense, the child was:

  1. fifteen years old or younger Correct answer.
  2. nine years old or younger
  3. twelve years old or younger
  4. eighteen years old or younger

Explanation

Section 6 of RA 9344, as amended by RA 10630, keeps the minimum age of criminal responsibility at fifteen years, so a child fifteen or under at the time of the offense is exempt, subject to intervention programs. The exemption does not extinguish the child's civil liability, which may be enforced against those responsible for the child.

Question 33Criminal Law

A man deliberately kills his legitimate wife. What felony is committed?

  1. Murder
  2. Homicide
  3. Infanticide
  4. Parricide Correct answer.

Explanation

Article 246 punishes as parricide the killing of a legitimate spouse, among other close relatives, and carries the penalty of reclusion perpetua to death. Homicide and murder apply only when the victim does not fall within the relationships listed in Article 246.

Question 34Criminal Law

A private person enters the dwelling of another against the latter's express prohibition, with no other criminal intent. Which felony is committed?

  1. Robbery with force upon things
  2. Trespass to dwelling Correct answer.
  3. Usurpation of real property
  4. Grave coercion

Explanation

Article 280 punishes trespass to dwelling, committed by entering another's dwelling against the express or implied prohibition of the occupant without any other criminal purpose. If the entry is made in order to commit another crime, that other crime is charged instead and the entry is absorbed.

Question 35Criminal Law

A man buys a television set from a thief at a very low price, knowing that it came from a theft. What felony does he commit?

  1. Robbery
  2. Fencing Correct answer.
  3. Theft
  4. Estafa

Explanation

Under PD 1612, fencing is committed by buying, receiving, possessing or selling an article of value derived from robbery or theft, knowing or with reason to know that it came from such a crime. The taker remains liable for theft while the buyer answers for fencing.

Question 36Criminal Law

Which felony is committed when a person, with intent to gain and without the owner's consent, takes another's personal property without violence against persons or force upon things?

  1. Malicious mischief
  2. Theft Correct answer.
  3. Robbery
  4. Estafa

Explanation

Article 308 defines theft as taking another's personal property with intent to gain, without the owner's consent, and without violence against or intimidation of persons nor force upon things. The absence of violence and of force upon things is what separates theft from robbery.

Question 37Criminal Law

The offender performs all the acts of execution that would produce the felony, but the felony is not produced because of a cause independent of his will. This describes:

  1. an attempted felony
  2. a consummated felony
  3. a frustrated felony Correct answer.
  4. an impossible crime

Explanation

Under Article 6, a felony is frustrated when the offender performs all the acts of execution that would produce it but the result is not produced for a cause independent of his will. In an attempted felony the offender has not yet performed all the acts of execution.

Question 38Criminal Law

Two men agree to rob a lending office, assign themselves separate roles, and carry out the robbery, one guarding the door while the other takes the cash. How are they liable?

  1. Only the one who took the cash is a principal.
  2. Both are principals of the robbery. Correct answer.
  3. The guard is merely an accomplice.
  4. The guard is only an accessory.

Explanation

When two or more persons agree to commit a felony and decide to commit it, a conspiracy exists, and all conspirators are liable as principals regardless of the nature and extent of their participation under Articles 8 and 17. The guard's role is not that of an accomplice because he took part in the criminal plan itself.

Question 39Criminal Law

After a theft, the suspect learned that an information had been filed. Accompanied by his lawyer, he went to the police station and submitted himself. Is voluntary surrender mitigating?

  1. No, because he was accompanied by counsel when he surrendered.
  2. Yes, because he was not yet arrested and he surrendered. Correct answer.
  3. No, because an information had already been filed in court.
  4. Yes, but only if he also admitted his participation in the crime.

Explanation

Voluntary surrender requires that the offender had not actually been arrested, that he surrendered to a person in authority or the latter's agents, and that the surrender was voluntary. The filing of an information is not equivalent to arrest, so it does not bar the mitigating circumstance under Article 13(7).

Question 40Criminal Law

Without any public uprising, a private citizen attacks a police officer with a knife while the officer is conducting a lawful checkpoint. The officer survives. What felony is committed?

  1. Unjust vexation
  2. Grave coercion
  3. Direct assault Correct answer.
  4. Resistance and disobedience

Explanation

Article 148 punishes direct assault when, without public uprising, a person attacks or employs force against a person in authority or his agent while the latter is engaged in the performance of official duties. Had the officer been killed, the killing would have been prosecuted as the serious crime and the assault would have been absorbed.

Question 41Criminal Law

A jeweler received a ring from its owner for sale on commission. He sold the ring but kept the proceeds instead of remitting them. What felony is committed?

  1. Theft
  2. Malversation
  3. Estafa Correct answer.
  4. Robbery

Explanation

Under Article 315(1)(b), estafa is committed when money or property received in trust, on commission, or for administration is misappropriated or converted. Because the jeweler acquired juridical possession of the ring and its proceeds, the transaction is not a taking punishable as theft.

Question 42Criminal Law

A housemaid takes her employer's jewelry from the bedroom cabinet and keeps it for herself. What felony is committed?

  1. Estafa
  2. Qualified theft Correct answer.
  3. Simple theft
  4. Robbery with force upon things

Explanation

Theft becomes qualified under Article 310 when committed with grave abuse of confidence, as when a domestic servant takes property from the household that employs her. The penalty is two degrees higher than that prescribed for simple theft.

Question 43Criminal Law

Which act constitutes rape by sexual assault under Article 266-A of the Revised Penal Code, as amended by RA 8353?

  1. Taking indecent liberties with a sleeping person.
  2. Carnal knowledge of a woman deprived of reason.
  3. Inserting an object into another's genital orifice. Correct answer.
  4. Carnal knowledge of a girl under twelve years of age.

Explanation

Under Article 266-A(2), sexual assault is committed by inserting the penis into another's mouth or anal orifice, or any instrument or object into the genital or anal orifice, under any of the circumstances listed in paragraph 1. Carnal knowledge under the same circumstances is rape by sexual intercourse.

Question 44Criminal Law

Which fact is essential to a conviction for bigamy?

  1. The second spouse knew of the first marriage.
  2. The first marriage subsists at the time of the second. Correct answer.
  3. The offender is legally separated from the first spouse.
  4. The first marriage was celebrated in a church.

Explanation

Bigamy under Article 349 requires a valid prior marriage that has not been legally dissolved and a second marriage contracted while the first still subsists. Legal separation does not dissolve the marriage bond; only annulment or a declaration of nullity does.

Question 45Criminal Law

Which conduct constitutes economic abuse under RA 9262?

  1. Slapping a partner during an argument
  2. Threatening a partner with a knife
  3. Withholding a partner's financial support Correct answer.
  4. Shouting at a partner in public

Explanation

RA 9262 defines economic abuse as acts that make or attempt to make a woman financially dependent, such as withdrawing financial support or controlling her finances, property or income. Physical, sexual, psychological and economic abuses are distinct acts punished by the same law.

Question 46Criminal Law

In prosecuting a case under RA 9165, what must the prosecution establish about the drug presented in court?

  1. That the buy-bust team prepared an inventory report.
  2. That the accused signed the inventory receipt.
  3. That the drug is the one seized from the accused. Correct answer.
  4. That the drug was weighed by the forensic chemist.

Explanation

The corpus delicti in dangerous drug cases is the prohibited drug itself, so the prosecution must show through an unbroken chain of custody that the substance offered in court is the same one seized from the accused. Non-observance of the Section 21 procedure is not automatically fatal where justifiable grounds exist and the integrity of the evidence is preserved.

Question 47Criminal Law

A municipal treasurer uses part of the funds in his custody to finance his own business, hoping to return the amount later. What felony is committed?

  1. Theft
  2. Malversation Correct answer.
  3. Estafa
  4. Qualified theft

Explanation

Article 217 punishes malversation when a public officer accountable for public funds by reason of office misappropriates them or permits another to take them. The intention to return the amount is no defense, and failure to account upon demand raises a prima facie presumption of personal use.

Question 48Criminal Law

Which set of elements must be proven for the crime of perjury?

  1. A false statement in a notarized affidavit that is immaterial.
  2. A false statement made to a police officer during investigation.
  3. A false statement made in open court without an oath.
  4. A false sworn statement on a material point. Correct answer.

Explanation

Perjury under Article 183 requires that the accused made a statement under oath or affirmation, before a competent officer, in a case or proceeding where the law requires an oath, and that the statement is false and material. Damage to another is not an element of the felony.

Question 49Criminal Law

An accused is convicted of estafa for misappropriating a client's money. What civil liability may the court impose in the same criminal case?

  1. None, because civil liability must be pursued in a separate action.
  2. Only a fine payable to the government.
  3. Restitution of the amount plus damages proven. Correct answer.
  4. Only moral damages.

Explanation

Article 100 provides that every person criminally liable for a felony is also civilly liable, and Article 104 enumerates restitution, reparation of the damage caused and indemnification for consequential damages. The civil action is deemed instituted with the criminal action unless the offended party reserves it.

Question 50Criminal Law

X shoots at Y intending to kill him, but the bullet misses Y and kills Z instead. What is the legal effect?

  1. X is guilty of two separate crimes in a single act.
  2. X is liable only for attempted homicide against Y.
  3. X is not liable because he did not intend to kill Z.
  4. X is liable for a complex crime under Article 48. Correct answer.

Explanation

Aberratio ictus, or mistake in the blow, occurs when the intended victim is not hit and another person is, producing a complex crime under Article 48 in which the penalty for the more serious offense is imposed in its maximum period. The criminal intent directed at the intended victim carries over to the person actually harmed.