criminal law suggested bar questions and answers

Criminal Law Bar Examination Examination Q & A (1994-2006)

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ANSWERS TO BAR EXAMINATION QUESTIONS IN

Criminal Law Bar Examination Examination Q & A (1994-2006)

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SUGGESTED b) For For the exculpatory. such th tetanus eSuppose, Supp phys physic ose, Conspiracy infection ical al after inju injuri ries the es the tovictim ofrob robbery, robbe F,and A, would ry,kill Bthe and an is not d four not C. A Arturo, shal shalll being incu inANSWER: currone full fullofcrim cr the imin inal two al who liab liabil ilit devised ity y for for the the the Yes. A, B. C and D are liable for destructiv destructive e have per should took seturns died punishable. be with held in raping it. liable therefore. the three Even daughters if it was of crime plan toof murder robbery Joel, with thereby homicide, becomes but a B coshall arson because of inal the ofcaus the only only A inside Danilo who who the actu actual latter's ally ly stab stabbe house, bed d and an but d before caus caused ed not no principal t incu in cur by r direct crim crimin conspiracy. al destruction liab liabil ilit ity y What beca be isuse eroom he of X with the use of an explosive, the hand Criminal Liability: Impossible Crimes (2000) The desistance need not be actuated by p they thhey ysicleft le alft,, in they th juey rieskill killed ed to the th Ge , whol wh B ole aendfami family Cly ato re desisted. needed only B'sisspontaneous an overt act desistance, and both willmade grenade. for an impossible crime is is 1 atntific is iliable s ficati an anation, im im poconspiring swhat siblItet is cr ccrime rim ewith ? (2 (2 % ) and remorse or good motive. enough preven nonetheless pre venttWh identi ide for on, wha cri me did Athat the before incur criminal allLiability actsliability. of execution Arturo's areliability performed, as a SUGGESTED ANSWER: to be imposed only if the act committed 2 the discontinuance I s a n i m p o s s i b comes l e c r i m from e r e a l the l y a person for contributing four commit? Explain. positive acts which led to the exculpatory. conspirator arose Conspiracy from his toparticipation rob and kill is in not (a) Jose, Jos e, Doming Dom o, commission and Man oloofalcommit com would constitute any other crime crime? (2%) who has begun the crime realiz realizati ation on of ingo, athe common com monManolo crimin criminal intent intmitted ent.ted . B jointly per se not punishable. devising devisi ng the criminal plan with under Juan, to Robbery, The desistance need not be actuated the Revised Code. Although the factsby b usiti t tion beed fowhile rehims aFernando llelffacas ts acommitted of look exout, ecu owhil n ile areC posi po oned himsel lookou t,ticomplex wh e kill Jose. AndPenal it was pursuant to that crime of Robbery with Rape, Conspiracy can remorse orthat good motive. It is The enough involved are parallel to the Joel. case of Intod that vs. perf pe orme med. pe rson on D, who whhoweve o has ha s r, bega began the thgh e blocke blorfor cked d d. F's Aescap espers cape. e. how ever, althou altnhough conspiracy Juan killed be inferred from the manner the offenders the discontinuance comes from the person , where it Court of Appeals (215 SCRA 52) comm co mmis sion onconspiracy, of a crim crime e but but be desi deheld sist sted ed, , is part ofissi the cannot liable conspiracy here is actual, not by inferencewas comm co mmit itte ted d the th e robb ro bber ery y but bu t the th e rape rap e was who thewas commission of the crime ruled thatbegun the liability ofdone the offender was for absolved from criminal asrea A reward beca becaus use e he left left the the scen scliability ene e befo before coul could d only.has The overt act pursuant to that committed by Fernando at a place "distant b u t b e f o r e a l l a c t s o f e x e c u t i o n a an impossible crime,Arturo no hand grenade was re to one, who having setthe foot on the occurred. verge of enter the house where stabbing conspiracy whereof is co-conspirator. Conspiracy; Implied Conspiracy (1998) from fr om the th e hous ho use" e" wher wh ere e the th e robb ro bber ery y was wa s perf perfor orme med. d. case, A pers person on who wh o has ha s of bega beaone gan n isthe the used in said which constitutes more crime, call A lthougheeds h he the wa s of eahis rlierconscience part of and the There being a Felonious conspirac conspiracy, y, the act Criminal Liability: Act of Scaring (1996) What is the doctrine of implied conspiracy? committed, not in the presence of the other comm co mmis sion on of a crim cr ime e but butfrom desi desist sted ed, is serious crime though different what returns to the conspiracy, hepath did of notrighteousness. personally participate the actissi of all. therefore, should be,was Alexander, anArturo, escaped convict, ran amuck on SUGGESTED ANSWER: [3%] conspirators. Hence, Fernando alone should absolved from criminal liability as a reward intended, in the execution of the conspiracy crime by acts which liable as a co-conspirator but the penalty on The doctrine of rape, implied holds two board a who Superlines Bus bound forthe Manila In the same breath, E, the driver, cannot be answer for the rendering him liable for to one, having set foot on verge of directly same end him may be that of an accomplice only o re m oecia rtended eial pecomp rstoward onslex pthe ainfliction rtime. ic ie. patin g i(People ne vs. the from Bicol and killed ten (10) persons. Conspiracy; Flight to Evade Apprehension (2003) and also held liable for the ofople physical the th spec sp l co mple x crim cr (Peopl (Pe vs . crime, heeds the call of his conscience vs. Phil. (People vs. Nierra, 96 nt, SCRA 1; People us. b ) mTomoro, Thie mFeal wo108490, uld 38), obno boel1995} rly itlh ALTERNATIVE ANSWER: c o m ssupon iet. ocnriet o f44 a cbre im22 eRisJune c ectiw ve y Terrified by the incide incident, Carol and Benjamin A and B, both store janitors, planned to kill injuries because there showing Canturia al, G.R. returns to the path of righteousness. he was not Medrano, 114liable SCRAbecause Arturo is passengers not he was able H om ihe cisible dhad e le knowledge ..and . (im plie d: the ereconspi ikill s rators ll respon res ponsib liabl liable eof as th co-con cowho are ofmidnight thebecause bus, jumped out their employer C at335) andnot take the that plan tospirato F.stirs able to actually participate in the shooting of to participate in the killing of Joel. conspiracy) alth althou ough gh abse absent nt any any agre agreem emen entt to that that of and lying unconscious mone mothe ney ywindow kept kept in thewhile cash cash regi regist ster er.. A and and B Joel, having been app before Conspiracy; Flight Conspiracy itself isapprehended notrehended punishable unless Avoidance effect, w hento Evade tof heGreater yApprehension aEvil ct (2004) in(2003)concert, after hitting thethe pavement ofthe the road, were together drew sketch of store, where reaching the place where the crime was A and B, both store janitors, planned to kill expressly provided by law and this is not B B a n d C C , b o t h a rme rm e d w i t h k n i v e s , demonstrating unity of criminal intent and a ran and crushed death byand a fast theyover knew C would betosleeping, planned committed. their employer Ceor atvict midnight andST, take true in the case of Murder. A co-conspirator atta attack cked ed purpose FT. FT. The Th vi ctim im's 's son, soThe n, ST , upon upthe on common objective. existence moving Desert Fox bus tailing the Superlines the sequence of their attack. Shortly before Can Alexander beovert liable for the death of mone mo y the kept keeptatta the the cash ca shinferred regi re ster er. . but A anwas d s B must perform an act pursuant to theout seei seeing ng th atin tack ck, , drew dr ew his hisgist gun gu n bu tand wa of aney conspiracy shall be or deduced Bus. midnight, A and Bheld were ready to carry Conspiracy; Common Felonious Purpose (1994) Carol and Benjamin although he was together drew theshooti sketch theattack store, where conspiracy. preven prevented ted from from sho oting ngofthe att ers by from their criminal participation inackers pursuing the the plan lan. When A was was abou aboutt to lift ift C's C's Conspiracy; Implied Conspiracy; Effects (2003) At about 9:30 in the evening, while Dino and completely unaware thathis thedagger, two jumped out they knew C would be sleeping, and planned AA, who grappled with him of the crime and thus the actfor ofpossession one shall be mosquito net to thrust a police SUGGESTED ANSWER: State Sta the con cept tall. of attack. "impli "implied ed consp conspira iracy" cy" Raffy were walking along Padre Faura Street, of bus? Explain. the sequence Shortly before thete gun. FTconcep died from knife wounds. AA, BB deemed the actof oftheir carthe with sirens blaring passed by. B Yes, Alexander can be held hel d liable forScared, the and itsAlegal effects. Manila. Johnny hit them with a rock injuring midnight, and B were ready to carry out and give CC were charged with4% murder. ran out of the store and fled, while A went on death Carol andRaffy Benjamin because of but SUGGESTED Dino atofthe back. approached Dino, In AA invoked the th ehispdefense, lan lan. ANSWER: When When A was was the abou bojustifying ut to lift ift C's C's to stab C to death, put the money in the bag, An "IMPLI "IMPLIED ED of CONSP CON SPIRA IRACY" CY" is one which felonious of running theand proximate suddenly,act Bobby, Steve,was Danny Nonoy circumstance greater or is mosquito net toavoidance thrust hisofdagger, aevil police and ran to look for The B. The latter was only onl y inferr inf erred ed or deduce ded uced dpreventing from from the ST manner manner cause of outside thethe victim's death. is that surrounded duo. Then Bobbyrule stabbed injury, contending that by car with sirens blaring passed by. Scared, B FELONIES nowher now here e in sight. sight . Unknow Unk nown n to him, him , B had the participants the commission of crime when a person, by a Nonoy felonious generates SUGGESTED ANSWER: Dino. Steve, Danny, andact, Johnny kept fromout shooting BBin and CC, he merely ran of the store and fled, while Aavoided went on a lrea ready lean fof t another the plaacsense e. Whofatimminent was wa s the c rstab ried C to o utdeath, its AA's exethe cutmoney ion. prosper? Winhethe re bag, the There in mind was w as expressed between onthe hitting Dino and Raffy conspiracy with rocks. As a aagreater evil. Will defense to put Conspiracy (1997) partic par ticipa ipatio tion n and corres cor respon pondin ding g crimin cri minal al offenders acted in concert in the commission A danger, and B prompting to kill C and the take latter the to latter's escape money. from SUGGESTED ANSWER: result. Dino died, Bobby, Steve, Danny, Reason briefly. (5%) and ran outside to look for B. The latter was A had a grudge against F. Deciding to kill F, A liability of each, if any? Reasons. 8% No, AA defens def e anin will wil l gnot prospe prothei sper becaus bec of the thAA's e 's crim crime, e,ense mean me ing that that th eirrr acts ac tsause are aree The or avoid planned such killing danger and and taking in armed the of process, the money Nonoy and Johnny were charged with nowher now here e in sight. sight . Unknow Unk nown n to him, him , B had and his friends, B, C, and D, (US 41bor Phil, vs. Apra, 27as SUGGESTED ANSWER: SUGGESTED ANSWER: obviously there acconspiracy BB,y c oord oordiinat nated orwas sync yn hron hroniz ized ed iamong n a way wa a sustains ppvs. earValdez, s injuries towith e dies, i1497; ntiand m the aPeople teproceeded person ly relacase? ted homicide. Is there conspiracy in this a l rea re a d y l e f t t h e p l a c e . W h a t was wa s t h e themselves knives to the SCRA 1037.) There an expressed conspiracy between Yes, there isthe conspirac conspiracy y among the offenders, CC andwas AA,that such thatare thepursuing principle athat when indicative they common component committing crimes, felonious hence act afor special is responsible complex partic par ticipa ipatio tion n and corres cor respon pondin ding g crimin cri minal al house of F, taking a taxicab the purpose. Criminal Liability: Felonious Act; Proximateactions Cause (1996) A and is B to kill C andthey take the as manifested their concerted there a conspiracy, the actlatter's of deemed onemoney. is the criminal objective, shall be to c for rim rim such e 20oinjuries fmeters rob roby bbor e rdeath. y their with destination, homicide. the The liability of each, if any? Reasons. 8% About from Vicente the hacked Anacleto with a boloa but the The planned and of the money against victims, demonstrating act acting of all, shall govern. The of ST, the be act ing in killing conspi con spirac racy ytaking and act their the ir crimin cri minal al conspiracy being expressed, not just implied, group alighted afteritinstructing E, the latter was able and to parry with his hand, The effects effect sbcollective, an conspiracy conspiracy" " ate a pim's elegal a's rsshall to eof inst"implied imto anot tebe lyindividual. atgiti etima dmate s common felonious purpose of assaulting the vict vipctim liability son, so n,beappe ap pear ars arellegi le A and B are bound as co-conspirators after driver, to wait, traveled on foot to the house causing upon him a two-inch wound on his are: a) Not all those who are present at the component crimes, hence a special complex victims. The existence of the conspiracy can defens defense e of relati relatives ves;; hence hence,, justif justified ied as a they th ey hpositioned ave ave plan planne ned d and and agre ag ree ed on the the of F. Bpalm. himself at able athe distance asthe the crime will be considered conspirators; b) right Vicente was not to hack scene of the c r i m e o f rob ro b b e r y w i t h h o m i c i d e . T h e be inferred or deduced from manner defens defense e of his father father agains againstt the unlaw unlawful ful sequen seq uence ce of their theCirand attack attack even evenguard before before they they group's D stood outside Only those who participated by acts Anacletolookout. further because three policemen conspiracy being expressed, notcriminal justtoimplied, offenders acted in commonly attacking Dino aggression by BB and CC. ST's act defend committed the crime. Therefore, the principle the house. Before A could enter the house, D commission of the crime will be considered asand in and the arrived and threatened to shoot Vicente if he A B r's are life, bound after Raffy with rocks, thereby demonstrating his father's fathe lif e, cannot canas notco-conspirators be regard regarded ed as an in law that when there is a conspiracy, the left the scene without the knowledge of the conspirators; c) dMere did not of drop his bolo. Vicente was harm on What AA was a lawful they th eyco have avdid e pand lan la ne and anthe dacquiescence agre ag ree eof ddefense, ontolaw, the the a unity criminal design to inflict evil inasmuch asnned itto is,stop in eyes the act of one is theCrime act of all, already governs Conspiracy; Complex with Rape (1996) others. A stealthily entered the house andupon or approval of the commission accordingly by the police atfled the That B ran charged out of the store and not greater and CC ore achieve sequen seq uence ce ofevil, their theto ir allow attack attackBB even eve n before bef they they their victims. a lawful act. them. In fact, A and B were already in the of the crime, without any act of criminal Jose, Domingo, Manolo, and Fernando, armed stabbed F. F ran to the street but was prosecutor's office for attempted homicide. hearin hea ring g the sirens sire ns of the police poli ce car, is not their criminal of stabbing FT. committed theobjective crime. Therefore, the principle store to carry out their criminal plan. partic par ticipa ipatio tion, n, shall sh all not render ren der one crimin cri minall ally y with bolos, at about one o'clock in the blocked by C, forcing him to flee towards Twenty-five late r, e while spontaneo spontaneous usdays desistanc desilater, stance but the flight fligpreliminary ht to evade evade in law that when there is a conspiracy, the co-conspirator. liable as morning, robbed a house at a desolate place another direction. Immediately after A had Conspiracy; Co-Conspirator (1998) investigation was in progress, Anacleto was apprehension. It would be different if B then act of one is the act of all, already governs That B ranArturo out of the store and tofled upon where Danilo, his wife, and three daughters stabbed F, A also stabbed G who was visiting Juan and devised a plan murder rushed the because ofng symptoms trie tr ied d toto stop st ophospital A from from cont contin inui uing with with the the them. In fact, A and B were already in the Criminal Destructive Arsonpolice (2000) hearin hea ring gLiability: the sirens sire ns of near the poli cehouse, car, car, isJuan not were living. While the four were in the F. Thereafter, A exiled from the house and, Joel. In a narrow alley Joel's of tetanus infection on the two-inch w ound commission of the crime; he did not. So the store to carry out their criminal plan. SUGGESTED ANSWER: A, C behind and an D,the all all big arme aremed d with wi thhtand arma ar mali lite tes, s,e spontaneo spon taneous usd desistanc desi stance but flight flig to evade evad process ransacking Danilo's house, together with B and C,the returned to the the of the willB, hide lamppost shoot inflicted by Vicente. died act of Aof inANSWER: pursuing commission SUGGESTED Yes, Vicente may beAnacleto charged charged of homicide for proceeded to the house of X. Y, a neighbor of apprehension. It would be different if B then Fernando, noticing that onea of Danilo's waiting taxicab and motored away. Gd died. Joel when the latter passes through on his following day. Can Vicente be eventually c rim ri m e w h i c h b o t h h e n d B e s i g n eFd, A alone should be held liable for the death the death of Anacleto, unless the tetanus of X, who happened to be passing by, pointed trie tr ied d to stop st op A from fr om cont co ntin inui uing ng with wi th the th e daughters was trying to get away, ran after survived. Whohomicide are forthe thedeath death ofC, G way to work. Arturo will come from the other charged with for of planned, and commenced to commit, would G. The object of theliable conspiracy of A. B, infection which developed twenty five days to theoffour the room that Xnot. occupied. commission of ey theand crime; didously the her and finally caught up with her in a thicket and the physical injuries of F? end theculprits alley all simult simhe ultane aneous ly So shoot sho ot Anacleto? a lso Dwas bwas e tExplain. he kill acFt only. of B ecB, aefficient uC, seand of Dtheir and to Since later, brought about byban ALTERNATIVE ANSWER:from The four peppered the roomofday, with act of A inculprits pursuing thethe commission the somewhat distant the house. Fernando, Joel from behind. On appointed expressed conspiracy. Both are liable for the did not know of the stabbing of G by A, they supervening Vicente's of A shal shalllbringing incu incurcause. r full fu ll crim cr imin inal al liab lifelonious abil ilit ity y the for foact r the th e bulle bu llets. Uns atisfi sfied, eve threw thrBew hand han c rim ets.was wUnsati hicapprehended h boed, th Aheeven an dthe deasig ned, before back the daughter to Arturo by authorities composite crime of robbery with homicide. cannot be held criminally therefor. E, the causing a two-inch wound on Anacleto's right crime of robbery with homicide, but B shall grenad gre nade ereach that tha ting totall totthe ally y alley. destro des yed roo m.t planned, and commenced to commit, would house, raped her first. Thereafter, the four before before rea ching all ey.troyed When Whe n X's Juan Juanroom. shot sho driver, cannot be also held liable for the palm may still be regarded as the proximate Fernando commit? Explain. not no t incu in cur r crim cr imin inal al liab li abil ilit ity y beca be caus use e his he However, unknown to the four culprits, X was a l s o b e t h e a c t o f B b e c a u s e o f t h e i r carted away the belongings of Danilo and Joel as planned, he was unaware that Arturo death of G since the former was completely ALTERNATIVE ANSWER: cause of the latter's death because without desisted. B's spontaneous desistance, SUGGESTED ANSWER: not inside the room was hit or expressed conspiracy. Both are liable for the family. a)of What crime did Jose, Domingo,made was arreste arrested d earlie ear lier. r.and Discus Disnobody cuss s the crimin cri minal al unaware said killing. such wound, no tetanus infection could before all acts of execution are performed, is injured theof Are B, C and D composite crime robbery withA, homicide. Manolo and liability during of Arturo, ifIncident. any. [5%] develop from the victim's right palm, and liable for any crime? Explain. (3%) without

SUGGESTED ANSWER:

1 An im impossible cr crime is an ac act whi which would be an offense against person or property, were if not for the inherent impossibility impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means (Art. 4, par. 2, RPC) 2 No, an an im impossible cr crime is is no not re really a crime. It is only so-called because the act gives rise to criminal liability. But actually, no felony is committed. The accused is to be punished for his criminal tendency or propensity although no crime was committed.

Criminal Law Bar Examination Q & A (1994-2006)

Under Although was powdered Article A died4, milk, of Revised heart not attack, poison. Penal the InCode, short, said any the person attack act done was committing with generated criminal by a intent B's felony felonious byshall Jerry actincur and of criminal hitting her Buddy, would liability with his have although fists.constituted Such the felonious wrongful a act crime act done was thebe against persons immediate different were cause from it not of the for thatheart thewhich inherent attack, he intended. having materially inefficacy In of this the case, means contributed the employed. death to and of the Criminal three passengers hastenedisA'sincurred liability was death.the Even by direct, them thoughalthough natural B may have and no logical acted without crime resulted, consequence intent because toof kill their Luis' his wife, act felonious oflack trying of act to 2. No, the answer would not be the same as which such intent poison created Jun isiscriminal. ofannoimmediate moment when sensethe of victim danger above. Jerry ofand Buddy would betried liable in dies. theHowever, minds Bsaid may passengers be given the who mitigating to instead for less serious physical injuries for avoid circumstance or escape of having from it acted by jumping without out of the Criminal Liability; Felonious Act; Proximate Cause (2004) causing the hospitalization and medical train. intention to commit so grave a wrong as that (People vs. Arpa, 27 SCRA 1O37; U.S. vs. On his Liability; way home office, rode in of a Criminal Felonious Act;3, Proximate Cause (1994) attendance for 10 from days to Jun.ZZ Their act committed (Art. 13, par. Revised Penal Valdez, 41 Phil. 497} jeepney. Subsequently, XX boarded the same Bhey eloped with Scott. Whereupon, Bhey's mixing Code). with the food eaten by Jun the matter jeepney. Uponand reaching aRustom, secluded spot father, brother, went to in which Robin, required such medical attendance, QC, XX pulled out a grenade from his bag Scott's house. Upon reaching therenders house, them committed with criminal intent, and a hold-up. He told ZZ to Rustom from Scott his sister's liableannounced forinquired the resulting injury.about Criminal Liability; Impossible Crimes; Kidnapping (2000) surrender his watch, wallet and cellphone. whereabouts, while Robin shouted and Carla, 4 years old, wasZZ kidnapped by Fearing for tohis life, jumped outEnrique, of the threatened kill Scott. The latter then went the tricycle driver paid by her parents to vehicle. But he fell, hit the downstairs butas Rustom heldhis his head (Scott's) Criminal SUGGESTED Liability; ANSWER: Felonious Act of Scaring (2001) bring and causing fetch Olive, her and from pavement, his to instant Is XX waist. Meanwhile the elderdeath sister.school. of Yes, XX is liable for ZZ's- death because his Maryjane had two suitors Felipe and Cesar. Enrique wrote a ransom note demanding liable ZZ's death? Explain briefly. (5%) Scott, for carrying her two-month old child, acts of pulling out ashow grenade and parents announcing She did not openly her preference but in P500,000.00 from approached Rustom andCarla's Scott to pacify a hold-up, coupled with a demand for the on two occasions, accepted Cesar's invitation exchange Carla's freedom. sent them. Olivefor attempted to removeEnrique Rustom's watch, wallet and cellphone of ZZ is to concerts bynote Regine Pops. Felipe was a the ransom by and mail. However, before hand from Scott's waist. But Rustom pulled felonious, and such felonious act was the SUGGESTED ANSWER: working student andwas could only askby Mary to the ransom note received Carla's Olive's hand causing her to fall over her Yes, Rustom is criminally liable for the death proximate cause of ZZ's jumping out of the see a movie which was declined. Felipe felt parents, Enrique's hideout was discovered by baby. The baby then died moments later. Is of the child because his felonious act was the jeepney, resulting in the latter's death. insulted and made plans to get even with the police. Carla was rescued Enrique Rustom criminally for the while death of the proximate cause him ofliable such death. was Stated otherwise, the ofItZZ wasday, the Cesar by scaring offdeath somehow. One was arrested and incarcerated. Considering child? Rustom's act of pulling Olive's hand which direct, and logical consequence he Cesar's room in their thatentered thenatural ransom note was not boarding received of by caused the latter to fall on her baby. Had Itan XX's felonious act which created house and placed a rubber snake which Carla's parents, the investigating prosecutor SUGGESTED ANSWER: not been for said act of Rustom, which isof ZZ immediate sense of in danger in the mind appeared to be real backpack. merely filed aImpossible case ofCesar's "Impossible Crime toa Criminal Liability; Crime (2004) No, the prosecutor is not correct in filing undoubtedly felonious (atdanger least slight who tried to avoid such by jumping Because Cesar had a weak heart, he suffered Commit Kidnapping" against Enrique. Is the OZ and YO were both courting cocase for "impossible crime to their coercion) there was no cause for Olive toSCRA fall out of the jeepney (People v. Arpa, 27commit a heart attack upon opening his backpack prosecutor correct? Why? (3%) employee, SUE. Because of their bitter kidnapping" Enrique. Impossible over her baby. In short, Rustom's felonious 1037). and seeing theagainst snake. Cesar died without rivalry, OZ decided to get ridwhich of YO by crimes are limited only acts when act is the cause of the evilto caused. Any regaining consciousness. The police poisoning him. OZ poured a substance into performed would be aincrime against persons person performing a felonious act is Felipe investigation resulted pinpointing as YO's coffee thinking it was arsenic. It turned or property. As kidnapping is a crime against criminally liable for the direct, natural and the culprit and he was charged with out that the substance was white sugar personal security and not against persons or logical consequence thereof although Homicide for Cesar's death. In his defense, Criminal Liability; Felonious Act; Proximate Cause (1997) substitute known as Equal. Nothing property, Enrique could not have incurred an different from what he did intended (Art.about 4, par. Felipe claimed that notprepared know SUGGESTED ANSWER: While the crew of after a he steamer to happened to YO he drank the coffee. "impossible crime" to commit kidnapping. 1, RFC; People vs, Pugay, etdeath al, GR No. Cesar's weak heart and that he only intended SUGGESTED ANSWER: Yes, Felipe is liable for the of Cesar raise anchor at liability theno Pasig River, A, evidently What criminal did OZ incur, if any? There ispractical thus impossible crime of 74324, Nov. 18,given 1988). OZ to play incurred a criminal joke on Cesar. liability Is the Felipe for an but he shall be the benefit of Mala in Se vs. Mala Prohibita (1997) impatient with the progress of work, began Explain briefly. (5%) kidnapping. liable the death ofmurder. Cesar or his impossible crime ofbetween Criminal liability mitigating circumstance that hewill did not 1 Distinguish crimes mala inB, se and to usefor abusive language against the men. defense prosper? Why? (5%} shall be incurred by any person performing intend to commit so grave a wrong as that crimes mala prohibita. one of the members of the crew, an act which would be an offense against which was committed (Art.they 13, par. 3,work RPC). 2 May an act be malum in se and be, at the remonstrated saying that could When Felipe intruded into Cesar's room persons or property, were it not for same prohibitum? best iftime, they malum were not insulted. A took B's the without took liberty inherent impossibility itsand accomplishment attitude the as alatter's displayconsent of of insubordination and, with the letter's backpack where he placed or on account of the employment rising in a rage, moved towards B wielding aof the rubber snake. Felipe was already inadequate orthreatening ineffectual means (Art. 4, par. big knife and to stab B. At the In the problem given, the impossibility of committing a felony. And any act done by 2, RFC). instant when A was only a few feet from B, accomplishing the crime of murder, a crime him while committing a felony ishimself no less the latter, apparently believing to be against persons, was due to thewere employment wrongful, considering that they part of in great and immediate peril,OZ threw himself Felipe's claim that he intended only "to play of ineffectual means which thought was SUGGESTED ANSWER: "plans towater, get even with Cesar". into the disappeared beneath the Yes. A can held criminally liable for the to a practical joke on Cesar" does not liability poison. Thebe law imputes criminal surface, drowned. May A beresulted, held death of and B,considering Article 4 ofno thecrime Revised Penal persuade, the offender although that they are not only criminally thethat death of B? liability Code provides infor part criminal friends butliable inhis fact rivals inpropensity courting to suppress criminal because ALTERNATIVE ANSWER: shall be incurred by is any Maryjane. This case is parallel tocommitting the case of a subjectively, he aperson criminal though No, Felipe is not liable because the act of Criminal Liability; Impossible Crimes (1994) felony the act done be objectively, no crime , etwrongful al. was committed. People although vs. Pugay frightening another is nothe a crime. What different from that which intended. In he U.S. did may be wrong, but not all wrongs vs. Valdez 41 Phil. 497 . where the victim who amount to a crime. Because thewith act which was threatened by the accused a knife, jumped into the river but because

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JP, caused of the Aries strong the anddeath Randal current of Cesar planned or because is not to kill a hecrime, Elsa, did not ano criminal know resident how liability ofto Barangay swim, may hearise Pula, drowned, therefrom. Laurel, the Batangas. Supreme They Courtasked affirmed thethe assistance conviction of Ella, for homicide who is of Criminal Liability; Felonious Act Scaringagainst (2005) the accused a of person familiar with because, the place.if On April 3,Gaston 1992, assault at about 10:00 in the Belle saw stealing prized cock of whom a criminal isthe directed believes evening, JP, Aries and Randal, all armed a neighbor and reported him to the police. himself to be in danger of death or greatwith automatic weapons, wentto toescape Barangay Pula. Thereafter, Gaston, while driving a car saw bodily harm and in order jumps Ella, being the the guide, directed Bellethe crossing street. Incensed that of Belle into water, impelled by theher instinct companions to the room in the house of Elsa. had reported him, Gaston decided to scare self-preservation, the assailant is responsible Whereupon, JP, and Randal fired their herthe by trying to Aries make it appear that heby was for homicide in case death results Criminal Liability; Felonious Act; Proximate Cause (1999) guns at her room. Fortunately, Elsa was not about to run her over. He revved the engine drowning. During the robbery in a dwelling house, one around asand shedrove attended a prayer meeting of his car towards her but he of the culprits to fire hisin gun that evening inhappened another barangay Laurel. applied the brakes. Since the road was JP, et al,in were and convicted of upward the ceiling meaning to kill slippery at thatcharged time, without the vehicle skidded attempted murder by the Regional Trial anyone. The owner ofher thedeath. house Was who gaston was and hit Belle causing SUGGESTED ANSWER: Court at Tanauan, Batangas. hiding thereat was hit and killed as a result. criminally liable? What isBelle's the liability of Yes, Gaston is liable forthat death because The defense theorized the killing was a Gaston? Why? (4%) has no intent to kill even though Gaston Belle On appeal to the Court Appeals, all the mere accident and was of not perpetrated in rather just to scare "Tocourt scare" does accused ascribed toBelle. thepurposes trial solenot connection with, or for of,the the indicate intent to kill. However, under Art. 4 error of finding them guilty attempted robbery. Will you sustain theofdefense? Why? SUGGESTED ANSWER: of the Revised Penalthe Code, provides in will part murder. If you were ponente, how (4%) No, I will not sustain the defense. The act SUGGESTED ANSWER: that criminal liability shall be incurred by any you decide the appeal? If I were the ponente, I will set aside the being felonious and the proximate cause of person committing a felony although the judgment convicting the accused the victim's death, the offender is of liable wrongful act done be different from that attempted murder and instead find them therefore although it not be intended which he intended. Inmay other words, the ruleor is guilty of impossible crime under Art. 4, par. different from what he intended. The that when a person, by a felonious act, 2, RPC, inshall relation to Art. 59, for RPC. for offender be mind prosecuted the generates in the of another aLiability sense of impossible crime of arises not only composite crime robbery with homicide, imminent danger, prompting thewhen latterthe to impossibility is but likewise it the is whether the killing was intentional or in escape from or legal, avoid such dangerwhen and factual or physical impossibility, as in the accidental, as long as the killing was on process, sustains injuries or dies, the person ALTERNATIVE ANSWER: Criminal Liability; Felonious Act; Proximate Cause (2001) case at bar. Elsa's absence the house is occasion of the robbery. committing the felonious actfrom is death responsible Yes, Gaston is deeply liable for Belle's Luis Cruz was hurt when his offer of a physical impossibility which renders the for such injuries or death . (US the vs. Valdez, 41 because by his acts revving engine of love was rejected byofhis girlfriend Marivella crime intended Inherently incapable of Phil, 1497; vs. Apra, 27 SCRA 1037.) his and People driving towards Belle is felonious, onecar afternoon when visited Whenof he accomplishment. To he convict theher. accused and such felonious act wasasthe proximate left her house, he walked if he was attempted murder would make Art. 4, par. 2 cause of the vehicle toso skid and hit Belle, sleepwalking so much that a teenage practically useless as all circumstances resulting was in the latter's death. Stated snatcher able to consummation grab his cell phone and which prevented the of the otherwise, the death of Belle was the direct, flee without being chased by incident Luis. At the offense will be treated as an Criminal Liability: Impossible Crimes (1998) natural and logical consequence ofofGaston's next LRT station, he boarded the independent ofFelonious the actor's willone which is an Criminal Liability; Act; Immediate Cause Buddy always resented his classmate, Jun. felonious act. (People v. Arpa, 27 SCRA coaches bound for Baclaran. While seated, element of attempted or frustrated felony (2003) One day. Buddy planned to kill Jun by mixing 1037). he happened to read a newspaper on the (Intod vs. CA,of 215 SCRA 52). the left The conduct wife A aroused ire ofhe her poison in his lunch. Not knowing where seat and noticed that the headlines were husband B. Incensed with angeranother almost can get poison, heofapproached about the sinking the Super Ferry while on beyond his control, B could not help buthis classmate, Jerry to he disclosed its way to Cebu. Hewhom went over the list of inflict physical injuries on A. Moments after B evil plan. Because hewho himself missing passengers wereharbored presumed started hitting A withJun, his fists, A suddenly resentment towards Jerry gave Buddy a dead and came across the name of his complained of severe chest pains. B, poison, which Buddy on Jun's grandfather who had placed raised him fromfood. realizing that A was indeed in serious However, Jun did not die because, unknown childhood after he was orphaned. He was trouble, immediately brought her to the to both Buddy and Jerry, the poison was shocked and his mind went blank for a few hospital. Despite efforts to alleviate A's actually powdered milk. 1, What crime minutes, after which he ran amuck and,or 2. Suppose that, because of his severe pains, she died of heart attack. It turned out crimes, if balisong, any, did Jerry andstabbing Buddy commit? using his at the SUGGESTED ANSWER: started allergy to powdered milk, Jun had to be that she had been suffering from a lingering [3%] B could be ANSWER: held liable forfor parricide because passengers who then scampered away, SUGGESTED hospitalized forWhat 10 days it. with heart ailment. crime, ifingesting any, could B be his act of hitting his wife with fist blows and three of them Jumping out of the train and Yes, is of? liable because Would your answer the deaths first question behe held Luis guilty 8%fortotheir therewith physical injuries on her, is landing oninflicting the road below. All the was committing a felony when he three started SUGGESTED ANSWER: the same? [2%] felonious. A person committing a felonious 1. Jerry and Buddy are liable for the passengers died later of their injuries at the stabbing at the passengers and suchso-called act incursIs criminal liability although the "impossible crime" because, with intent hospital. Luis for the death of the wrongful act wasliable the proximate cause oftosaid wrongful consequence is different from what kill, they tried to poison Jun andout thus three passengers whoout jumped of the passengers' jumping of the train; hence he intended (Art. 4, apar. 1, Revised Penal perpetrate Murder, crime against(5%) persons. moving train? State your reasons. their deaths. Code). Jun was not poisoned only because the would-be killers were unaware that what they mixed with the food of Jun

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Also, criminal liability is generally incurred in crimes mala in se even when the crime is only attempted or frustrated, while in crimes mala prohibita, criminal liability is generally incurred only when the crime is Also in crimes mala in se, mitigating and consummated. aggravating circumstances are appreciated in imposing the penalties, while in crimes mala prohibita, such circumstances are not appreciated unless the special law has adopted the scheme or scale of penalties under the Revised Penal Code. Mala Prohibita; Actual Injury Required (2000)

Mr. Carlos Gabisi, a customs guard, and Mr. Rico Yto, a private Individual, went to the office of Mr. Diether Ocuarto, a customs broker, and represented themselves as agents of Moonglow Commercial Trading, an Importer of children's clothes and toys. Mr. Gabisi and Mr. Yto engaged Mr. Ocuarto to prepare and file with the Bureau of Customs the necessary Import Entry and Internal Revenue Declaration covering Moonglow's shipment. Mr. Gabisi and Mr. Yto submitted to Mr. Ocuarto a packing list, a commercial invoice, a bill of lading and a Sworn Import Duty Declaration which declared the shipment as children's toys, the taxes and duties of which were computed at P60,000.00. Mr. Ocuarto filed the aforementioned documents with the Manila International Container Port. However, before the shipment was released, a spot check w as conducted by Customs Senior Agent James Bandido, who discovered that the contents of the van (shipment) were not children's toys as declared in the shipping documents but 1,000 units of video cassette recorders with taxes and duties computed at P600,000.00. A hold order and warrant of seizure and detention were then issued by the District Collector of Customs. Further investigation showed that Moonglow is non-existent. Consequently, Mr. Gabisi and Mr. Yto were charged with and convicted for violation of SUGGESTED ANSWER: Section 3(e) of R.A. 3019 which makes it Crimes mala in se are felonious acts unlawful among others, for public officers to committed by dolo or culpa as defined in the cause any undue Injury to any party, Revised Penal Code. Lack of criminal intent is including the Government. In the discharge of a valid defense, except when the crime official functions through manifest partiality, results from criminal negligence. On the evident bad faith or gross inexcusable other hand, crimes mala prohibita are those negligence. In their motion for considered wrong only because they are reconsideration, the accused alleged that the prohibited by statute. They constitute decision was erroneous because the crime SUGGESTED SUGGESTED ANSWER: ANSWER: violations of mere rules of convenience was not consummated butaccused was only at malum an Yes, an act may be of malum in se and Yes, the contention the the designed to secure a more orderly that regulation prohibitum attempted stage, at the and same that time. in fact In the People crime notofconsummated is correct, RA. v. of the was affairs society. Government did not suffer any injury. it was held Sunico, et aL. (CA 50 OG 5880) 3019 is a special law punishing undue acts mala a) Is the both accused that thecontention omission or failure of correct? election prohibita. As a rule, of attempted Explain. (3%) Assuming that the attempted inspectors andb)poll clerks to include a voter's or frustrated name in the stage of the violation charged is not punishable, may the accused be nevertheless convicted for an offense punished by the Revised Penal Code under the facts of the case? Explain. (3%)

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violation registry list of aofspecial voters law is wrong is notper punished. se because Actual it disenfranchises injury is required. a voterYes, of his both right ar eto liable vote. for In this attempted regard itestafa is considered thru falsification as malum of in se. commercial Since it is punished documents, under a complex a specialcrime. law (Sec. ... 101 and 103, Revised Election Code), it is Malum in Se vs.malum Malum Prohibitum (2005) considered prohibitum. Mala in Se vs. Mala Prohibita (1999) Distinguish malum in se from malum prohibitum. SUGGESTED DistinguishANSWER: " mala in se" from " mala (2%) In crimes ANSWER: malum in se, an act is by nature SUGGESTED prohibita"(3%) In "mala in constituting the wrong, evil se", or the bad,actsand so generally crimes are inherently evil, bad wrong, andis condemned. The moral trait of or the offender hence involves the faith moral the involved; thus, good or traits lack ofofcriminal offender; while in of "mala prohibita", acts Intent on the part the offender is athe defense, constituting the crimes not inherently unless the crime is theareresult of criminal bad, evil or wrong but prohibited and made negligence. Correspondingly, modifying punishable onlyare forconsidered public good. because circumstances inAnd punishing the In crimes mala prohibitum, an act is not by the moral trait of the offender is Involved in offender. nature wrong, or bad. circumstances, Yet, it is punished "mala in se". evil Modifying the because there is a law prohibiting them for offender's extent of participation in the crime, public good, and of thus good faith or lack of and the degree accomplishment of the criminal doing the prohibited actthe is crime areintent takenininto account in imposing not a defense. penalty: these are not so in "mala prohibita" Mala in vs. Motive Se Intent vs. Mala (1996) Prohibita (2001) where criminal liability arises only when the Briefly state 1 Distinguish what essentially intent fromdistinguishes motive in a acts are consummated. crime mala Criminal Law.prohibita from a crime mala in SUGGESTED se. (2%) 2 MayANSWER: crime be committed without In crimes mala criminal intent? prohibita, the acts are not by nature wrong, evil or bad. They are punished only because there is a law prohibiting them for public good, and thus good faith or lack of criminal intent in doing the prohibited act is not a defense. In crimes mala in se, the acts are by nature wrong, evil or bad, and so generally condemned. The moral trait of the offender is involved; thus, good faith or lack of criminal Intent on the part of the offender is a defense, unless the crime is the result of criminal negligence. Correspondingly, modifying circumstances are considered in punishing the Mala in Se vs. Mala Prohibita (2003) offender. Distinguish, in their respective concepts and legal implications, between crimes mala in se and crimes mala prohibits. 4% SUGGESTED ANSWER:

In concept: Crimes mala in se are those where the acts or omissions penalized are inherently bad, evil, or wrong that they are almost universally condemned. Crimes mala prohibita are those where the acts penalized are not inherently bad, evil, or wrong but prohibited by law for public good, public welfare or interest and whoever violates the prohibition are penalized. In legal implications: In crimes mala in se, good faith or lack of criminal intent/ negligence is a defense, while in crimes mala prohibita, good faith or lack of criminal intent or malice is not a defense; it is enough that the prohibition was voluntarily violated.


It is not necessary to prove motive when the offender is positively identified or the criminal act did not give rise to variant crimes.

Motive vs. Intent (2004)

Distinguish clearly but briefly between intent and motive in the commission of an offense. SUGGESTED ANSWER:

Intent is the purpose for using a particular means to achieve the desired result; while motive is the moving power which impels a person to act for a definite result. Intent is an ingredient of dolo or malice and thus an element of deliberate felonies; while motive is not an element of a crime but only considered when the identity of the offender Motive; Proof thereof; Not Essential; Conviction (2006) is in doubt. Motive is essential in the determination of the commission of a crime and the liabilities of the perpetrators. What are the instances where proof of motive is not essential or required to justify conviction of an accused? SUGGESTED ANSWER: Give at least 3 instances. (5%) 1 When there is an eyewitness or positive identification of the accused. 2 When the accused admitted or confessed to SUGGESTED ANSWER: 1 Motive is the moving power which the commission of the crime. impels one to action for a definite result; 3 In crimes mala prohibita . 4 In direct assault, when the victim, who is a whereas intent is the purpose to use a particular means to effect such results. person in authority or agent of a person in authority was attacked in the actual performance Motive is not an essential element of a felony and need not be proved for purpose of of his duty (Art. 148, Revised Penal Code). conviction, while intent is an essential 5 In crimes committed through reckless element of felonies by dolo. imprudence. 2 Yes, a crime may be committed without criminal intent if such is a culpable felony, wherein Intent is substituted by negligence or imprudence, and also in a malum prohibitum or if an act is punishable by special law. Motive vs. Intent (1999)

1 Distinguish "motive" from "intent". 2 When is motive relevant to prove a case? When is it not necessary to be SUGGESTED ANSWER: established? Explain. (3%) 1 "Motive " is the moving power which impels a person to do an act for a definite result; while "intent" is the purpose for using a particular means to bring about a desired result. Motive is not an element of a crime but intent is an element of intentional crimes. Motive, if attending a crime, always precede the intent. 2 Motive is relevant to prove a case when there is doubt as to the identity of the offender or when the act committed gives rise to variant crimes and there is the need to determine the proper crime to be imputed to the offender.


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of (1998) 86 Exempting Circumstances; Minority degrees than that prescribed for the crime John, an eight-year old boy, is fond of committed shall be imposed in watching the television program "Zeo accordance with Article 68. paragraph 1, Rev. Penal Code. The sentence, Rangers." One evening while he was engrossed watching his favorite television however, should automatically be show, Petra, a maid changed the channel to suspended in accordance with Section enable her to watch "Home Along the Riles." 5(a) of Rep. Act No. 8369 otherwise 1 known Alsoas if the found criminally liable, the ordinary This enraged John who got his father's "Family Courts Act of 1997"; mitigating circumstance of not Intending to revolver, and without warning, shot Petra at SUGGESTED ANSWER: commit so grave a wrong as that committed, the back of her head causing her No, John is not criminally liable for killing under Article 13, paragraph 3, Rev. Penal Code; instantaneous death. Is John criminally Petra because he is only 8 years old when and liable? [2%] he committed the killing. A minor below 2 The ordinary mitigating circumstance of sufficient provocation on the part of the offended nine (9) years old is absolutely exempt from criminal liability although not from civil party immediately preceded the act. liability. (Art. 12, par. 2, RPC).

Exempting; Minority; 11 yrs Old; Absence of Discernment (2000)

While they were standing in line awaiting their vaccination at the school clinic, Pomping repeatedly pulled the ponytail of Katreena, his 11 years, 2 months and 13 days old classmate in Grade 5 at the Sampaloc Elementary School. Irritated, Katreena turned around and swung at Pomping with a ball pen. The top of the ball pen hit the right eye of Pomping which bled profusely. Realizing what she had caused. Katreena immediately helped Pomping. When investigated, she freely admitted to the school principal that she was responsible for the injury to Pomping's eye. After the incident, she executed a statement admitting her culpability. Due to the injury. Pomping lost his SUGGESTED ANSWER: right eye. a) Is Katreena criminally liable? a) No, Katreena is not criminally liable JUSTIFYING & EXEMPTING Why? (3%) b) Discuss the attendant although she is civilly liable. Being a minor CIRCUMSTANCES circumstances effects (2%) over less than fifteenand (15) yearsthereof. old although nine (9) years of age, she is generally Exempting Circumstances; Coverage (2000) exempt from criminal liability. The exception A, brother of B, with the intention of having a is where the prosecution proved that the act night out with his friends, took the coconut was committed with discernment. The shell which is being used by B as a bank for burden is upon the prosecution to prove that coins from inside their locked cabinet using The presumption thatdiscernment. such minor acted the accused actediswith their common key. Forthwith, A broke the without discernment, and this is coconut shell outside of their home in the strengthened by the fact that Katreena only 1 What is the criminal liability of A, if any? presence of his friends. reacted with a ballpen which she must be Explain. (3%) using in class at the time, and only to stop 2 Is A exempted from criminal liability under Pomping's vexatious act of repeatedly pulling Article 332 of the Revised Penal Code for being a her ponytail. In other words, the injury was brother of B? Explain. (2%) b) The attendant circumstances which may accidental. SUGGESTED ANSWER: be considered are: a) A is criminally liable for Robbery with 1 Minority of the accused as an force upon things..... exempting circumstance under Article 12. paragraph 3, Rev. Penal Code, where she b) No, A is not exempt from criminal liability shall be exempt from criminal liability, unless under Art. 332 because said Article applies it was proved that she acted with only to theft, swindling or malicious mischief. discernment. She is however civilly liable ; Here, the crime committed is robbery. 2 If found criminally liable, the minority of the accused as a privileged mitigating circumstance. A discretionary penalty lower by at least two (2)

Justifying vs. Exempting Circumstances (2004)

Distinguish clearly but briefly: Between justifying and exempting circumstances in SUGGESTED ANSWER: criminal law. Justifying circumstance affects the act, not the actor; while exempting circumstance affects the actor, not the act. In justifying circumstance, no criminal and, generally, no civil liability is incurred; while in exempting circumstance, civil liability is generally incurred although there is no criminal liability. Justifying vs. Exempting Circumstances (1998) Distinguish between justifying and exempting circumstances. [3%] SUGGESTED ANSWER:

1. In Justifying 1 The circumstance affects the act, not : Circumstances the actor; 2 The act is done within legal bounds, hence considered as not a crime; 3 Since the act is not a crime, there is no criminal nor civil liability. Whereas, criminal; in an 4 Exempting There being no crime nor criminal, 1 affects the actor, not : Circumstances there isThe no circumstance the act; 2 The act is felonious and hence a crime but the actor acted without voluntariness; 3 Although there is a crime, there is no criminal because the actor is regarded only as an instrument of the crime; 4 There being a wrong done but no criminal.

Criminal Law Examination Q & A (1994-2006) Criminal Law Bar Examination Q &Bar A (1994-2006)

Qualifying; Elements of a Crime (2003) Justifying; SD; Defense of Honor; Requisites (1998) When would qualifying circumstances be

One night, a young ofmarried deemed, if atUna, all, elements a crime?woman, 4% SUGGESTED ANSWER: was sound asleep in her bedroom when she A qualifying circumstance would be itdeemed felt a man on top of her. Thinking was her an element of a crime when husband Tito, who came home a day early 1 it business changes the of him the crime, from his trip,nature Una let have sex bringing about a more serious crime a with her. After the act, the man said,and "I hope heavier penalty; you enjoyed it as much as I did." Not 2 it is essential to the crime involved, recognizing the voice, it dawned upon Lina otherwise some other crime is committed; and that the man was not Tito, her husband. 3 is specifically alleged in and the shot Information Furious,it Una took out Tito's gun the SUGGESTED ANSWER: and proven during the trial. man. Charged with homicide Una denies No, Una's claim that she acted in defense of culpability on the ground of defense of honor, is not tenable because the unlawful honor. Is her claim tenable? [5%] aggression on her honor had already ceased. Defense of honor as included in self-defense, must have been done to prevent or repel an unlawful aggression. There is no defense to speak of where the unlawful aggression no Justifying; Defense of Honor; Elements (2000) longer exists. Osang, a married woman in her early twenties, was sleeping on a banig on the floor of their nipa hut beside the seashore when she was awakened by the act of a man mounting her. Thinking that it was her husband, Gardo,who had returned from fishing in the sea, Osang continued her sleep but allowed the man, who was actually their neighbor, Julio, to have sexual intercourse with her. After Julio satisfied himself, he said "Salamat Osang" as he turned to leave. Only then did Osang realize that the man was not her husband. Enraged, Osang grabbed a balisong from the wall and stabbed Julio to SUGGESTED ANSWER: death. When tried for homicide, Osang No, Osang"s claim of defense of honor should claimed defense of honor. Should the claim not be sustained because the aggression on be (5%) hersustained? honor hadWhy? ceased when she stabbed the aggressor. In defense of rights under paragraph 1, Art. 11 of the RPC, It is required inter alia that there be (1) unlawful aggression, and (2) reasonable necessity of the means employed to prevent or repel it. The unlawful aggression must be continuing Justifying; of Honor; Requisites (2002) when theDefense aggressor was injured or disabled When But if the A arrived aggression home, that he found was begun B by the his by the person making a defense. raping daughter. injured or Upon disabled seeing party A, B already ran away. ceased A took to his gun exist when and the shotaccused B, killingattacked him. Charged him, as with in homicide, the case Aatclaimed bar, the he acted attackin made defense is of a his daughter's retaliation, andhonor. not a Is defense. A correct? Paragraph If not, can 1, A claim Article 11 of the the benefit Code does of not any govern. mitigating SUGGESTED ANSWER: Hence, Osang's of stabbing Julio circumstance or act circumstances? (3%)to death No, A cannot validly invoke defense of his after the sexual intercourse was finished, is daughter's honor in having killed B since the not defense of honor but an immediate rape was already consummated; moreover, vindication of a grave offense committed B already away, hence, there was no against her,ran which is only mitigating. aggression defend againstRequisites and no (1996) defense Justifying; SD;to Defense of Property; tosecurity speak of. upon seeing a man scale the wall of a factory A guard, compound which he was guarding, shot and

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A may, however, invoke by the benefit of the killed the latter. Upon investigation the police who thereafter mitigating circumstance having acted in arrived at the scene of the shooting,of it was discovered that the victim was unarmed. When prosecuted for homicide, the to immediate vindication of a grave offense security guard claimedhis that he merely actedunder in self-defense a descendant, daughter, par. of5, property and of his duty as a security Article 13in the of performance the Revised Penal Code,guard. as Justifying; Defense of Stranger (2002) If you were the judge, would you convic t him of homicide? amended. A chanced upon three men who were Explain. attacking B with fist blows. C, one of the men, SUGGESTED was about ANSWER: to stab B with a knife. Not knowing Yes. would convict securitybecause guard for that BI was actually thethe aggressor he Homicide if I were the Judge, because his had earlier challenged the three men to a claim ofshot having in defense of property fight, A C asacted the latter was about to stab and in performance of a duty cannot fully be B. May A invoke the defense of a stranger as SUGGESTEDEven ANSWER: justified. assuming that the victim was a justifying circumstance in his favor? Why? Yes. Athe may thecompound justifying scaling wall of invoke the factory to (2%) circumstance of defense of stranger since he commit a crime inside the same, shooting was is not involved in the even fight and he shot C him never justifiable, admitting that when the latter was about to stab B. There such act is considered unlawful aggression being no indication A was induced 121 by People vs. Narvaes, on property rights. Inthat revenge, resentment or anyto other person is justified defend evil his SCRA 329, a motive in shooting C, his act is justified property rights, but all the elements of selfunder par 3, Article 11 of the be Revised Penal defense under Art. 11, must present. In Justifying; Fulfillment of Duty; Requisites (2000) Code, as amended. the instant case, just like in Narvaes, the Lucresia, a store(reasonable owner, was robbed of her second element necessity of the Justifying; SD; of Property; Requisites (2003) bracelet in Defense her home. The following day, at means employed) is absent. Hence, he The his family in a aboutaccused 5 o'clock lived in the with afternoon, a neighbor, should be convicted of homicide but entitled neighborhood that often was the scene of 22-year old Jun-Jun, who had an unsavory to incomplete self-defense. frequent robberies. oneto buy time, past reputation, came to herAtstore bottles midnight, the accused went downstairs with of beer. Lucresia noticed her bracelet wounda loaded gun to investigate what As he soon thought around the right arm of Jun-Jun. as were footsteps of an uninvited guest. After the latter left, Lucresia went to a nearby seeing station what appeared to the him help an armed police and sought of a stranger looking around outReyes. to rob He the policeman on duty, Pat. and Willie house, he fired his gun seriously injuring the went with Lucresia to the house of Jun-Jun to man. When lights were turned on, the confront the the latter. Pat. Reyes introduced unfortunate victim turned out to be a brotherhimself as a policeman and tried to get hold in-law on his way to the kitchen get some of Jun-Jun who resisted and ran to away. Pat. SUGGESTED ANSWER: light snacks. The accused was indicted for Reyes chasedshould him and fired two because, warning The accused be convicted serious physical injuries. Should shots in the air. Jun-Jun continued to accused, run even assuming the facts to be the true in and his given the circumstances, be convicted or when he was about 7 meters away, Pat, belief, his act of shooting a burglar when acquitted? Why? 4% Reyes shot him in the right leg. Jun-Jun was there is no unlawful aggression on his person hit fell down but he crawled towards is and not he justified. Defense of property or a fence, intending to pass through an property right does not justify the act of opening underneath. When Pat.the Reyes was firing a gun at a burglar unless life and about meters away, fired another shot limb of5 the accused is he already in imminent at Jun-Jun hitting him at the right lower and immediate danger. Although hip. the ALTERNATIVE ANSWER: Pat. Reyes brought Jun-Jun to the hospital, SUGGESTED ANSWER: accused acted out of a misapprehension of Considering the given circumstances, namely; No, defense Pat. Reyes isbleeding, not tenable. but because profuse he the the facts, he is of not absolved from criminal the frequent robberies in the neighborhood, The defense acted in the eventually died. of Pat having Reyes was subsequently liability. the time was past midnight, and the victim fulfillment of a duty requires as a condition, charged with homicide. During the trial, Pat appeared to be an armed burglar in the dark inter injury by or way offense Reyes alia, raisedthatthethe defense, of and inside his house, the accused could have committed bethat the he unavoidable or necessary exoneration, acted in the fulfillment entertained belief that hisExplain. life and consequence ofhonest the due performance of the of a duty. Isan the defense tenable? limb or those his et.al., family duty vs. of Oanis, 74 are Phil. already 257) . It isin (3%) (People immediate imminent danger. acted Hence,init not enoughand that the accused After Jun-Jun was shot in the right legacted and may be reasonable to accept that he fulfillment of a duty. was already crawling, there was no need for out of an honest mistake of fact and therefore Pat, Reyes to shoot him An further. Clearly, Pat.of without criminal intent. honest mistake Reyesnegatives acted beyond the call of duty fact criminal intent andwhich thus brought about the cause of death of the absolves the accused from criminal liability. victim.

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ALTERNATIVE ANSWER:

A qualifying circumstance is deemed an element of a crime when it is specifically stated by law as included in the definition of a crime, like treachery in the crime of murder.

MITIGATING CIRCUMSTANCES Mitigating; Non-Intoxication (2000)

Despite the massive advertising campaign in media against firecrackers and gun-firing during the New Year's celebrations, Jonas and Jaja bought ten boxes of super lolo and plapla in Bocaue, Bulacan. Before midnight of December 31, 1999, Jonas and Jaja started their celebration by having a drinking spree at Jona's place by exploding their highpowered firecrackers in their neighborhood. In the course of their conversation, Jonas confided to Jaja that he has been keeping a long-time grudge against his neighbor Jepoy in view of the latter's refusal to lend him some money. While under the influence of liquor, Jonas started throwing lighted super lolos inside Jepoy's fence to irritate him and the same exploded inside the latter's yard. Upon knowing that the throwing of the super lolo was deliberate, Jepoy became furious and sternly warned Jonas to stop his malicious act or he would get what he wanted. A heated argument between Jonas and Jepoy ensued but Jaja tried to calm down his friend. At midnight, Jonas convinced Jaja to lend him his .45 caliber pistol so that he could use it to knock down Jepoy and to end his arrogance. Jonas thought that after all, explosions were everywhere and nobody would know who shot Jepoy. After Jaja lent his firearm to Jonas, the latter again started started throwing lighted super lolos and pla-plas at Jepoy's yard in order to provoke him so that he would come out of his house. When Jepoy came out, Jonas immediately shot him with Jaja's .45 caliber gun but missed his target. Instead, the bullet hit Jepoy's five year old son who was SUGGESTED ANSWER: following behind him, killing the boy instantaneously, a) What crime or crimes can Jonas and Jaja be charged with? Explain. (2%) b) If you were Jonas' and Jaja's lawyer, what possible defenses would you set up in favor of your clients? Explain. (2%) c) If you were the Judge, how would you decide the case? Explain. (1%)

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a) Jonas and Jaja, can be charged with the complex crime of attempted murder with homicide because a single act caused a less grave and a grave felony (Art. 48. RPC).... b) If I were Jonas' and Jaja's lawyer, I will use the following defenses: 1 That the accused had no intention to commit so grave a wrong as that committed as they merely intended to frighten Jepoy; That Jonas committed the crime in 2 a state of intoxication thereby impairing his will power or capacity to understand the wrongfulness of his act. Nonintentional intoxication is a mitigating circumstance (People us. Fortich, 281 SCRA 600 (1997); Art. 15, RPC.).

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could have continued to elude arrest. Accordingly, the surrender of the accused should be considered mitigating because it was done spontaneously, indicative of the remorse or repentance on the part of said accused and therefore, by his surrender, the ALTERNATIVE ANSWER: accused saved the Government expenses, Voluntary surrender may not be appreciated efforts, and time. in favor of the accused. Two years is too long a time to consider the surrender as spontaneous (People us. Ablao, 183 SCRA 658) . For sure the government had already incurred considerable efforts and expenses in looking for the accused. Plea of guilty can no longer be appreciated as a mitigating circumstance because the prosecution had already started with the presentation of its evidence (Art. 13, par. 7. Revised Penal Code). Mitigating; Voluntary Surrender (1996)

Hilario, upon seeing his son engaged in a scuffle with Rene, stabbed and killed the latter. After the stabbing, he brought his son home. The Chief of Police of the town, accompanied by several policemen, went to Hilario's house, Hilario, upon seeing the approaching policemen, came down from his house to meet them and voluntarily went with them to the Police Station to be investigated in connection with the killing. When eventually charged with and convicted of homicide, Hilario, on appeal, faulted the SUGGESTED ANSWER: trial for isnotentitled appreciating in his favor Yes, court Hilario to the mitigating the mitigating circumstance of voluntary circumstance of voluntary surrender. The crux surrender. Is he entitled to such a mitigating of the issue is whether the fact that Hilario circumstance? Explain. went home after the incident, but came down and met the police officers and went with them is considered "Voluntary surrender," The voluntariness of surrender is tested if the same is spontaneous showing the intent of the accused to submit himself unconditionally to the authorities. This must be either (a) because he acknowledges his guilt, or (b) because he wishes to save them the trouble and expenses necessarily incurred in his search and capture. (Reyes' Commentaries, p. 303). Thus, the act of the accused in hiding after commission of the crime, but voluntarily went with the policemen who had gone to his Mitigating; Voluntary Surrender; Elements (1999) hiding place to investigate, was held to be When is surrender by an accused considered mitigating People vs. Dayrit, cited voluntary, circumstance.( and constitutive of the mitigating in Reyes' Commentaries, p. 299) circumstance of voluntary surrender? (3%) SUGGESTED ANSWER:

A surrender by an offender is considered voluntary when it is spontaneous, indicative of an intent to submit unconditionally to the authorities. To be mitigating, the surrender must be:

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1 spontaneous, i.e., indicative of acknowledgment of guilt and not for convenience nor conditional; 2 made before the government incurs expenses, time and effort in tracking down the offender's whereabouts; and 3 made to a person in authority or the latter's agents.

Mitigating; Plea of Guilty (1999)

An accused charged with the crime of homicide pleaded "not guilty" during the preliminary investigation before the Municipal Court. Upon the elevation of the case to the Regional Trial Court the Court of competent jurisdiction, he pleaded guilty freely and voluntarily upon arraignment. Can his plea of guilty before the RTC be considered spontaneous and thus entitle him SUGGESTED ANSWER: to the mitigating circumstance of Yes, his plea of guilty before the Regional spontaneous plea of guilty under Art. 13(7), Trial Court can be considered spontaneous, RPC? (3%) for which he is entitled to the mitigating circumstance of plea of guilty. His plea of not guilty before the Municipal Court is immaterial as it was made during preliminary investigation only and before a court not Mitigating; Pleatoofrender Guilty; Requisites (1999) competent judgment. In order that the plea of guilty may be mitigating, what requisites must be SUGGESTED ANSWER: complied with? (2%) For plea of guilty to be mitigating, the 1 That the accused spontaneously requisites are: pleaded guilty to the crime charged; 2 That such plea was made before the court competent to try the case and render judgment; and 3 That such plea was made prior to the presentation of evidence for the prosecution. Mitigating; Plea of Guilty; Voluntary Surrender (1997)

After killing the victim, the accused absconded. He succeeded in eluding the police until he surfaced and surrendered to the authorities about two years later. Charged with murder, he pleaded not guilty but, after the prosecution had presented two witnesses implicating him to the crime, he changed his plea to that of guilty. Should the mitigating circumstances of voluntary SUGGESTED ANSWER: surrender and plea of guilty be considered in Voluntary surrender should be considered as favor of the accused? a mitigating circumstance. After two years, the police were still unaware of the whereabouts of the accused and the latter


Aggravating Circumstances; Generis vs. Qualifying (1999)

Distinguish generic aggravating circumstance from qualifying aggravating circumstance. SUGGESTED ANSWER:

Generic Aggravating 1 affects only : the imposition of the penalty Circumstances prescribed, but not the nature of the crime AGGRAVATING committed; CIRCUMSTANCES 2 can be offset by ordinary mitigating circumstances; Aggravating Circumstances (1996) 3 need not be alleged in the Information as long as proven during the trial, the same shall be Jose, Domingo, Manolo, and Fernando, armed with bolos, at about one o'clock in the Qualifying Aggravating considered in imposing the sentence. 1 must be alleged in the Information and morning, robbed a house at a desolate place Circumstances: proven during trial; where Danilo, his wife, and three daughters 2 cannot be offset by mitigating were living. While the four were in the circumstances; process of ransacking Danilo's house, 3 affects the nature of the crime or brings Fernando, noticing that one of Danilo's about a penalty higher in degree than that daughters was trying to get away, ran after ordinarily prescribed. her and finally caught up with her in a thicket somewhat distant from the house. Fernando, before bringing back the daughter to the 1 did Jose, Domingo,the Manolo house, What rapedcrime her first. Thereafter, four and Fernando commit? Explain. carted away the belongings of Danilo and his 2 family. Suppose, after the robbery, the four took turns in raping the three daughters of Danilo inside the latter's house, but before they left, they killed the whole family to prevent identification, what crime did the four commit? Explain. 3 Under the facts of the case, what aggravating circumstances may be SUGGESTED ANSWER: appreciated against the four? Explain. a) Jose, Domingo, and Manolo committed Robbery, while Fernando committed complex crime of Robbery with Rape...

b) The crime would be Robbery with Homicide because the killings were by reason (to prevent identification) and on the occasion of the robbery. The multiple rapes committed and the fact that several persons were killed [homicide), would be considered as aggravating circumstances. The rapes are synonymous with Ignominy and the additional killing synonymous with cruelty, (People vs. Solis, 182 SCRA; People vs. Plaga, 202 SCRA 531)

c) The aggravating circumstances which may be considered in the premises are: 1 Band because all the four offenders are armed; 2 Noctumity because evidently the offenders took advantage of nighttime; 3 dwelling; and 4 Uninhabited place because the house where the crimes were committed was "at a desolate place" and obviously the offenders took advantage of this circumstance in committing the crime.


again, of habitual delinquency. Is the appeal meritorious? Explain. (5%)

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Aggravating; Must be alleged in the information (2000)

Rico, a member of the Alpha Rho fraternity, was killed by Pocholo, a member of the rival No, the appeal is not meritorious. Recidivism group, Sigma Phi Omega. Pocholo was and habitual delinquency are correctly prosecuted for homicide before the Regional considered in this case because the basis of Trial Court in Binan, Laguna. During the trial, recidivism is different from that of habitual the prosecution was able to prove that the delinquency. killing was committed by means of poison in Juan is a recidivist because he had been consideration of a promise or reward and previously convicted by final judgment for with cruelty. If you were the Judge, with what theft and again found guilty for Robbery with SUGGESTED ANSWER: crime will you convict Pocholo? Explain. (2%) Pocholo should be convicted of the crime of Homicide, which are both crimes against homicide only because the aggravating property, embraced under the same Title circumstances which should qualify the (Title Ten, Book Two] of the Revised Penal crime to murder were not alleged in the Code. The implication is that he is Information. specializing in the commission of crimes The circumstances of using poison, in against property, hence aggravating in the Habitual delinquency, which brings about an consideration of a promise or reward, and conviction for Robbery with Homicide. additional penalty when an offender is cruelty which attended the killing of Rico convicted a third time or more for specified could only be appreciated as generic crimes, is correctly considered ... aggravating circumstances since none of Aggravating; Recidivism vs. Quasi-Recidivism Aggravating Circumstances; Kinds & Penalties(1998) (1999) them have been alleged in the information to Distinguish between and quasiName the four (4) recidivism kinds of aggravating qualify the killing to murder. A qualifying recidivism. [2%]and state their effect on the circumstances circumstance must be alleged in the SUGGESTED penalty of ANSWER: crimes and nature thereof. (3%) Information and proven beyond reasonable In recidivism SUGGESTED ANSWER: Aggravating; Nighttime; Band doubt during the trial to(1994) be appreciated as 1 The of the offender are for The four (4)convictions kinds of aggravating circumstances At about 9:30 in the evening, while Dino and such. crimes embracedAGGRAVATING in the same Title the that Revised Raffy were walking along Padre Faura Street, 1) GENERIC or of those are: Penal can generally Code; and apply to all crimes, and can be Manila. Johnny hit them with a rock injuring 2 This circumstance is generic aggravating offset by mitigating circumstances, but if not Dino at the back. Raffy approached Dino, but and offset, therefore would affect can beonly effect theby maximum an ordinary of the suddenly, Bobby, Steve, Danny and Nonoy mitigating circumstance. penalty prescribed by law; surrounded the duo. Then Bobby stabbed 2) SPECIFIC AGGRAVATING or those that Dino. Steve, Danny, Nonoy and Johnny kept Whereas in quasi-recidivlsm - and cannot apply only to particular crimes on hitting Dino and Raffy with rocks. As a 1 The are not for crimes be offset byconvictions mitigating circumstances: result. Dino died, Bobby, Steve, Danny, embraced 3) QUALIFYING in the same CIRCUMSTANCES Title of the Revised Penal or Nonoy and Johnny were charged with Code, those that provided change thatthe it isnature a felony of the thatcrime was to homicide. Can the court appreciate the committed by or thebrings offender before servingnext sentence SUGGESTED ANSWER: a graver one, about a penalty aggravating of nighttime and No, nighttimecircumstances cannot be appreciated as an by higher final in judgment degree,for and another cannot crime be offset or while by band? 4) INHERENT or those aggravating circumstance because there is serving sentence forAGGRAVATING another crime; and mitigating circumstances; that essentially accompany commission 2 This circumstance is a the special aggravating no indication that the offenders deliberately of the crime and does not affect theby penalty sought the cover of darkness to facilitate the circumstance which cannot be offset any whatsoever. commission of the crime or that they took mitigating circumstance. Aggravating; Cruelty; Relationship (1994) advantage of nighttime (People vs. De los Ben, a widower, driven by bestial desire, Reyes, 203 SCRA 707). Besides, judicial notice poked a gun on his daughter Zeny, forcibly can be taken of the fact that Padre Faura However, band should be considered as the undressed her and tied her legs to the bed. Street is well-lighted. crime was committed by more than three He also burned her face with a lighted armed malefactors; in a recent Supreme cigarrete. Like a madman, he laughed while SUGGESTED ANSWER: Court decision, stones or rocks are raping her. What aggravating circumstances a) Cruelty, for burning the victim's face with considered deadly weapons. are present in this case? a lighted cigarrete, thereby deliberately Aggravating; Recidivism (2001) augmenting the victim's suffering by acts Juan de Castro already had three (3) previous clearly unnecessary to the rape, while the convictions by final judgment for theft when offender delighted and enjoyed seeing the he was found guilty of Robbery with victim suffer in pain (People vs. Lucas, 181 Homicide. In the last case, the trial Judge b) Relationship, because the offended party SCRA 316). considered against the accused both is a descendant (daughter) of the offender recidivism and habitual delinquency. The and considering that the crime is one against accused appealed and contended that in his chastity. last conviction, the trial court cannot consider against him a finding of recidivism and, SUGGESTED ANSWER:

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Would you say that the killing was attended by the qualifying or aggravating circumstances of evident premeditation, SUGGESTED treachery, ANSWER: nighttime and unlawful entry? 1. Evident premeditation cannot be considered against the accused because he resolved to kill the victim "later in the night" and there was no sufficient lapse of time between the determination and execution, to allow his conscience to overcome the 2. TREACHERY resolution of hismay will.be present because the accused stabbed the victim while the latter was sound asleep. Accordingly, he employed means and methods which directly and specially insured the execution of the act without risk himself arising from the defense which the victim might have made (People vs. Dequina. 60 Phil. 279 People vs. Miranda, et at. 3. Nighttime 90 Phil. 91). cannot be appreciated because

there is no showing that the accused deliberately sought or availed of nighttime to insure the success of his act. The Intention to commit the crime was conceived shortly before its commission (People vs Pardo. 79 Phil, 568). Moreover, nighttime is absorbed in 4. UNLAWFUL ENTRY may be appreciated as treachery. an aggravating circumstance, inasmuch as the accused entered the room of the victim through the window, which is not the proper place for entrance into the house ( Art. 14. par. 18. Revised Penal Code, People vs. Baruga 61 Phil. 318).

Aggravating; Treachery & Unlawful Entry (1997)

The accused and the victim occupied adjacent apartments, each being a separate dwelling unit of one big house. The accused suspected his wife of having an illicit relation with the victim. One afternoon, he saw the victim and his wife together on board a vehicle. In the evening of that day, the accused went to bed early and tried to sleep, but being so annoyed over the suspected relation between his wife and the victim, he could not sleep. Later in the night, he resolved to kill victim. He rose from bed and took hold of a knife. He entered the apartment of the victim through an unlocked window. Inside, he saw the victim soundly asleep. He thereupon stabbed the victim, inflicting several wounds, which caused his death within a few hours.


Road, Las Pinas, Metro Manila. She testified during the trial that she merely bought the same from one named Cecilino and even produced a receipt covering the sale. Cecilino, in the past, used to deliver to her jewelries for sale but is presently nowhere to be found. Convicted by the trial court for violation of the Anti-Fencing Law, she argued (or her acquittal on appeal, contending that the prosecution failed to prove that she SUGGESTED ANSWER: knew or should have known that the No, Flora's defense is not well-taken because Jewelries recovered from her were the mere possession of any article of value which proceeds of the crime of robbery or theft. has been the subject of theft or robbery shall be prima facie evidence of fencing (P.D.No. 1612). The burden is upon the accused to prove that she acquired the jewelry legitimately. Her defense of having bought the Jewelry from someone whose whereabouts is unknown, does not overcome the presumption of fencing against her (Pamintuan vs People, G.R 111426, 11 July 1994). Buying personal property puts the buyer on caveat because of the phrases that he should have known or ought to know that it is the proceed from robbery or theft. Besides, she should have followed the Anti-Fencing Law; Fencing vs. Theft or Robbery (1995) administrative procedure under the decree What is the difference between a fence and that of getting a clearance from the an accessory to theft or robbery? Explain. Is authorities in case the dealer is unlicensed in there any similarity between them? order to escape liability. SUGGESTED ANSWER: One difference between a fence and an accessory to theft or robbery is the penalty involved; a fence is punished as a principal under P.D. No. 1612 and the penalty is higher, whereas an accessory to robbery or theft under the Revised Penal Code is punished two degrees lower than the principal, unless he bought or profited from the proceeds of theft or robbery arising from robbery in Philippine highways under P.D. No. 532 where he is punished as an Also, fencinghence is a the malum prohibitum and accomplice, penalty is one degree therefore there is no need to prove criminal lower. intent of the accused; this is not so in SUGGESTED of ANSWER: violations Revised Penal Code. Yes, there is a similarity in the sense that all the acts of one who is an accessory to the crimes of robbery or theft are included in the acts defined as fencing. In fact, the accessory in the crimes of robbery or theft could be prosecuted as such under the Revised Penal Code or as a fence under P.D. No. 1612. (Dizon-Pamintuan vs. People, 234 Anti-Fencing Law; Fencing; Elements (1995) SCRA 63]

What are the elements of SUGGESTED ANSWER: fencing? The elements of fencing are: a. a crime of robbery or theft has been committed;

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1 accused, who is not a principal or accomplice in the crime, buys, receives, possesses, keeps, acquires, conceals, or disposes, or buys and sells, or in any manner deals in any article, item , object or anything of value, which has been derived from the proceeds of said crime; 2 the accused knows or should have known that said article, item, object or anything of value has been derived from the from the proceeds of the crime of robbery or theft; and 3 there is on the part of the accused, intent to gain for himself or for another.

ALTERNATIVE CIRCUMSTANCES Alternative Circumstances; Intoxication (2002)

A was invited to a drinking spree by friends. After having had a drink too many, A and B had a heated argument, during which A stabbed B. As a result, B suffered serious physical injuries. May the intoxication of A SUGGESTED ANSWER: be considered aggravating or mitigating? The intoxication of A may be prima facie (5%) considered mitigating since it was merely incidental to the commission of the crime. It may not be considered aggravating as there is no clear indication from the facts of the case that it was habitual or intentional on the part of A. Aggravating circumstances are not to be presumed; they should be proved beyond reasonable doubt PERSONS Criminally Liable for

FELONIES Anti-Fencing Law; Fencing (1996)

Flora, who was engaged in the purchase and sale of jewelry, was prosecuted for the violation of P.D. 1612, otherwise known as the Anti-Fencing Law, for having been found to be in possession of recently stolen Jewelry valued at P100,000.00 at her jewelry shop at Zapote


sentence is required and thereunder it is one of the conditions for suspension of sentence that the offender be a first time convict: this has been displaced by RA 8369. Suspension of Sentence; Youthful Offender (1995)

37 of 86 for probation mandates that no application shall be entertained or granted if the accused has perfected an appeal from the judgment of conviction.

Suspension of Sentence; Adults/Minors (2006)

There are at least 7 instances or situations in Victor, Ricky, Rod and Ronnie went to the criminal cases wherein the accused, either store of Mang Pandoy. Victor and Ricky as an adult or as a minor, can apply for entered the store while Rod and Ronnie and/or be granted a suspended sentence. SUGGESTED posted themselves at the door. After ordering EnumerateANSWER: at least 5 of them. (5%) 1. Suspension of sentence of minor beer Ricky complained that he was under P.D. 603 as amended by R.A. 9344. shortchanged although Mang Pandoy 2. Suspension of sentence of minor SUGGESTED ANSWER: vehemently denied it. Suddenly Ricky 1. If I were the judge, I will deny the above 15 but below 18 years of age at the whipped out a knife as he announced "Holdapplication for probation. The accused is not time of trial under R.A. 9344. up ito!" and stabbed Mang Pandoy to death. 3. Suspension of sentence of minor entitled to probation as Sec. 9 of the Rod boxed the store's salesgirl Lucy to above 15 but below 18 years of age at the Probation Law, PD NO. 968, as amended, prevent her from helping Mang Pandoy. When commission of the offense, while acting with specifically mentions that those who "are Lucy ran out of the store to seek help from 4. Suspension of sentence by reason of discernment. sentenced todoor serveshe a maximum term people next was chased byof Ronnie. insanity (Art. 79, Revised Penal Code). imprisonment of more than six years" are AsThe soon asand Ricky had stabbed Mang Pandoy, 2. law jurisprudence are to the 5. Suspension of sentence for first not entitled to the benefits of the law. Victor scooped up the money from the cash effect that appeal by the accused from a offense of a minor violating RJV. 9165. (Sec. box. Then andforfeits Ricky his dashed to the 6. Suspension of sentence under the sentence of Victor conviction right to 32) street and shouted, "Tumakbo na kayo!" Rod (P.D. law. probation .(Sec. 4, PD the No. 968. as amended 1 Discuss fully criminal liability by of Victor, probation was 14 and Ronnie was 17. The money and 7. Suspension of death sentence of a 968) PD 1990; Bernardo us. Balagot; Francisco vs. CA: Ricky, Rod and Ronnie. This is the second consecutive year other articles looted from the store of Mang Llamado vs. the CA; De la Cruz vs.and Judge Callejo, CA 2 Are minors Rod Ronnie entitled to pregnant woman. (Art. 83, Revised Penal that this question was asked. It is the Pandoy were later found in the houses of (NOTA BENE: R.A. 9344 is outside the Code) case). suspended sentence under The Child and Youth sincere belief of the Committee that coverage of the examination) Victor and Ricky. Welfare Code? Explain. there is a need to re-examine the Suspension of Sentence; Minors (2003) doctrine. Firstly, much as the accused A was 2 months below 18 years of age when wanted to apply for probation he is he committed the crime. He was charged proscribed from doing so as the with the crime 3 months later. He was 23 maximum penalty is NOT when he was finally convicted and PROBATIONABLE. Secondly, when the sentenced. Instead of preparing to serve a maximum penalty was reduced to jail term, he sought a suspension of the one which allows probation it is but sentence on the ground that he was a fair and just to grant him that right SUGGESTED ANSWER: juvenile offender Should he be entitled to a because it is apparent that the trial No, A is not entitled to a suspension of the suspension of sentence? Reasons. 4% judge committed an error and for sentence because he is no longer a minor at which the accused should not be the time of promulgation of the sentence. made to suffer. Judicial tribunals in For purposes of suspension of sentence, the this jurisdiction are not only courts of offender's age at the time of promulgation of law but also of equity. Thirdly, the the sentence is the one considered, not his judgment of the appellate court age when he committed the crime. So be considered a new Probationshould Law; Right; Barred by Appeal (2003)decision although A was below 18 years old when he as convicted the trial court's Juan was of the decision Regionalwas Trial Court committed the crime, but he was already 23 vacated; hence, heto could take of a crime and sentenced suffer the penalty years old when sentenced, he is no longer advantagefor of athe law when Can offenders, who are of imprisonment minimum of the eight eligible juvenile for suspension of the sentence. decision is remanded to the trial court recidivists, validly ask for suspension of years. He appealed both his conviction and SUGGESTED ANSWER: for execution (Please see Dissenting sentence? Explain. 4% the penalty imposed upon him to the Court of Yes, so long as the offender is still a minor at opinion in Francisco vs. CA). It is Appeals. The appellate court ultimately the time of the promulgation of the sentence. suggested, therefore, that an sustained Juan's conviction but reduced his The law establishing Family Courts, Rep. Act examinee answering in this tenor sentence to a maximum of four years and 8369, provides to this effect: that if the minor shouldimprisonment. be credited with some points. eight months Could Juan is found guilty, the court should promulgate SUGGESTED ANSWER: forthwith file an application for probation? No, Juan can no longer avail of the probation the sentence and ascertain any civil liability Explain. 8% because he appealed from the judgment of which the accused may have incurred. conviction of the trial court, and therefore, However, the sentence shall be suspended cannot apply for probation anymore. Section without the need of application pursuant to 4 of the Probation Law, as amended, PD 603, otherwise known as the "Child and Youth Welfare Code" (RA 8369, Sec. 5a), It is under PD 603 that an application for suspension of the

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Proclamation 1160, which amended Proclamation 724, applies only to offenses committed prior to 1999. Thus, their applications shall be ineffectual and useless. Amnesty; Crimes Covered (2006)

SUGGESTED ANSWER:

1 . All are liable for the special complex crime of robbery with homicide.... 2. No, because the benefits of suspension of sentence is not available where the youthful offender has been convicted of an offense punishable by life imprisonment or death, pursuant to P.D. No. 603, Art. 192, The complex crime of robbery with homicide is punishable by reclusion perpetua to death under Art. 294 (1), RFC [ People vs. Galit. 230 SCRA 486).

EXTINCTION OF CRIMINAL LIABILITY

Amnesty vs. PD 1160 (2006)

Can former DSWD Secretary Dinky Soliman apply for amnesty? How about columnist Randy David? (You are supposed to know the crimes or offenses ascribed to them as published in almost all newspapers for the SUGGESTED ANSWER: past several months.) (2.5%) Proclamation 1160, which amended Proclamation 724, applies only to offenses committed prior to 1999. Thus, their applications shall be ineffectual and useless. General Lim and General Querubin of the Scout Rangers and Philippine Marines, respectively, were changed with conduct unbecoming an officer and a gentleman SUGGESTED ANSWER: of War. Can they apply for under the Articles amnesty? (2.5%)

Under Presidential Proclamation No. 724, amending Presidential Proclamation No. 347, certain crimes are covered by the grant of amnesty. Name at least 5 of these crimes. SUGGESTED ANSWER: (2.5%) Crimes covered under Presidential Proclamation No. 724: 1. Coup 2. Rebellion or d'etat, 3. Disloyalty of public officers insurrection; 4. Inciting to rebellion or or employees; 5. Conspiracy to commit rebellion insurrection; 6. Proposal to commit rebellion or insurrection; 7. or insurrection; 8. Conspiracy to Sedition; 9. commit Inciting sedition;to 10. Illegal sedition; 11. Illegal Assembly; 12. Direct Association; 13. Indirect Assault; 14. Resistance and disobedience to a Assault; 15. Tumults and other person in authority; 16. Unlawful use of means of publications disturbances; and unlawful utterrances; 17. Alarm and 18. Illegal Possession of scandal; firearms.

Law Bar Q & A (1994-2006) Criminal Law BarCriminal Examination Q &Examination A (1994-2006)

such defrauding For position andLorna, under the Alma usual wasprocedure charged Prescription of Crimes; False Testimony (1994) before the required forMunicipal a new appointment. Trial Court ofMoreover, Malolos, Paolo wasAfter charged with Bulacan. the pardon does a protracted not homicide extinguish trial,before Alma the the civil was (Monsanto vs.Factoran, Jr., 170 SCRA 191); see Art. Regional Trial Court of Manila. a convicted. liability arising While fromthe the crime. case Andrew, was pending 36, RPC) prosecution witness, testified he saw appeal in the Regional Trialthat Court of the Prescription of Crimes; Bigamy (1995) Paolo Abby during their same shoot province, Lorna who washeated then suffering Joe Marcy were married in Batanes in argument. While thedied. case is stillmanifested pending, the fromand breast cancer, Alma to 1955. After two years, Joe left Marcy and City of Manila burnedLorna's down and the entire the Hall court that with death, her settled Mindanao where he laterLater, metnow and records ofcriminal the case were destroyed. the (Alma's)in and civil liabilities are married Linda on 12 June 1960. The second records were reconstituted. Andrew was again extinguished. Is Alma's contention correct? SUGGESTED ANSWER: marriage was registered in the civil registry of called witness stand. Thiswould time he What iftoitthe were Alma who died, it affect No. Alma's contention is notitscorrect. The Davao City three days after celebration. testified thatand his first false(3%) and her criminal civil testimony liabilities? was Explain. death of the 1975 offended party does not On 10 October Marcy who remained the truth was he was abroad when the crimein extinguish the criminalmarriage liability ofofJoethe Batanes discovered to took place. The judge the immediately ordered offender, because the offense is committed Linda. On 1 March 1976 Marcya false filed a the prosecution of Andrew for giving The crime of bigamy prescribed in fifteen against the State [People vs. Misola, 87 Phil. 1 Will the case against Andrew prosper? complaint for bigamytoagainst Joe. testimony favorable the defendant in a years 833). computed the day the the crime is it follows civil 830, 2 PaoloHence, was from acquitted. Thethat decision became criminal case. discovered the offended party, liability of by Alma based the final on January 10, 1987. Onon June 18, offense 1994the a authorities or their agents. Joe raised the committed by her is not extinguished. The case of giving false testimony was filed against On theof other hand, if itwhat were Alma who died defense of prescription of the crime, more estate Lorna can continue the case. Andrew. As his lawyer, legal step will you pending appeal of her conviction, her than fifteen years having elapsed from the take? criminal liability be extinguished and celebration of theshall bigamous marriage up to therewith the civil liability underHe the Revised the filing of Marcy's complaint. contended Penal Code (Art. 89,ofpar. RPC).marriage However, that the registration his 1, second in the claim for civil indemnity may be the civil registry of Davao City was instituted under thetoCivil 1157) if constructive notice theCode whole(Art. world of the Has the crime of bigamy charged against Joe predicated on a source of obligation other celebration thereof thus binding upon Marcy. already prescribed? Discuss fully, than delict, such as law, contracts, quasiSUGGESTEDand ANSWER: contracts quasi-delicts (People vs. Bayotas Pardon vs. Amnesty (2006) period for the crime of No. The prescriptive 236 SCRA 239, G.R. 152007, September 2. 1994) Enumerate the differences between pardon bigamy is computed from the time the crime and amnesty. (2.5%) was discovered by the offended party, the SUGGESTED ANSWER: authorities or their agents. The principle of a) PARDON includes crime applies and is constructive notice which any ordinarily exercised by the President, while to land orindividually property disputes should not be AMNESTY applies to classes of persons or applied to the crime of bigamy, as marriage communities who Thus may be guilty of political is not property. when Marcy filed a b) PARDON is exercised when the person offenses. complaint for bigamy on 7 March 1976, it is already convicted, while AMNESTY may be was well within the reglamentary period as it exercised even before trial or investigation. was barely a few months from the time of c) PARDON forward(2000) and relieves Prescription of Crimes;looks Commencement discovery on 10 October 1975. (Sermonia vs. the of thein penalty of the offense Oneoffender fateful night January 1990, whilefor 5CA, 233 SCRA 155) which he has been convicted; it does not year old Albert was urinating at the back of work for the he restoration of the rights to hold their house, heard a strange noise coming public office, or the right of suffrage, unless from the kitchen of their neighbor and such rights are expressly restored by means playmate, Ara. When he peeped inside, he of whilestepmother, AMNESTY looks backward sawpardon, Mina, Ara's very angry and and abolishes the offense and its effects, as if strangling the 5-year old Ara to death. Albert the had committed no offense. sawperson Mina carry the dead body of Ara, place it d) PARDON does not alter the fact that inside the trunk of her car and drive away. the accused is criminally liable as it produces The dead body of Ara was never found. Mina only the extinction of the penalty, while spread the news in the neighborhood that Ara AMNESTY removes the criminal liability of the went to live with her grandparents in Ormoc offender because it obliterates every vestige City. For fear ofbeing his life, Albert did e) PARDON a private act not by tell the of the crime. anyone, even hisbe parents and relatives, about President, must pleaded and proved by the what hepardoned, witnessed.while Twenty and a half (20is&a person AMNESTY which 1/2) years after the Chief incident, and right after Proclamation of the Executive with the his graduation in Criminology, Albert reported SUGGESTED ANSWER: concurrence of Congress is a public act of the crime to NBI authorities. The notice. crime of which the courts should take judicial homicide prescribes in 20 years. Can the state still prosecute Mina for the death of Ara despite the lapse of 20 & 1/2 years? Explain, (5%)

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Yes, the State can still prosecute Mina for the Pardon; Effect; Interdiction (2004) of 20 & 1/2 death of AraCivil despite the lapse TRY was sentenced years. Under Article to 91,death RPC, by thefinal period of judgment. But subsequently he from was granted prescription commences to run the day pardon bythe thecrime President. The pardon was on which is discovered by the silent on the perpetual disqualification offended party, the authorities or their of TRY to hold any public After his pardon, of agents. In the caseoffice. at bar, the commission TRY ran forwas office as Mayor ofAlbert, APP, his the crime known only to who was hometown. His opponent sought to disqualify not the offended party nor an authority or an him. contended heItiswas notdiscovered disqualifiedby agentTRY of an authority. because he was already pardoned byrevealed the the NBI authorities only when Albert SUGGESTED ANSWER: President unconditionally. TRY'S to them the commission ofIsthe crime. Hence, No, TRY's contention is not correct. Article 40 contention correct? Reason briefly. (5%) thethe period of prescription 20 years for of Revised Penal Codeof expressly provides homicide commenced to run only from the that whenofthe death penalty is not executed Prescription Crimes; Commencement (2004) time Albertofrevealed the same to the NBI by commutation or pardon, the OWreason is a private person engaged in cattle authorities.penalties of perpetual absolute accessory ranching. One night, he saw AM stab CV disqualification and civil interdiction during treacherously, then throw the dead man's thirty (30) years from the date of the body into a ravine. For 25 years, CVs body sentence as effects thereof, was nevershall seenremain nor found; and OW told no unless such accessory penalties have one what he had witnessed. Yesterdaybeen after expressly in priest, the pardon. This is to consultingremitted the parish OW decided because pardon only excuses the convict tell the authorities what he witnessed, and from serving not ago. revealed thatthe AMsentence had killedbut CVdoes 25 years Pardon; Effect; Reinstatement (1994) SUGGESTED relieve of the effects the conviction Can AMhim beANSWER: prosecuted forof murder despite the Yes, can be prosecuted for murder LindaAM was convicted by the Sandiganbayan of unless remitted the pardon. lapse ofexpressly 25 years? Reasonin briefly. (5%) despite the lapse of 25 years, estafa, through falsification of because public the crime has not prescribed and legally, its document. Sheyet was sentenced accordingly prescriptive not even and ordered period to pay,has among others, P5,000.00 commenced run. representing to the balance of the amount The period of prescription of a crime shall defrauded. The case reached the Supreme which commence to run only from the Court day on which Extinction; & Civil Liabilities; Effects; of affirmed the of conviction. During the crimeCriminal hasjudgment been discovered by theDeath accused pending appeal (2004) the pendency offended party, ofthe Linda's authorities motionor fortheir AX was(Art. convicted ofsaid reckless imprudence reconsideration the Court, the OW, a agents 91, in Revised Penal Code). resulting in homicide. The trial court President extended to her ankilling absolute private person who saw the but never sentenced to accepted. a prison termparty as well to pardon disclosed which it,him isshe not the offended noras has By reason of such pardon, she wrote the pay crime P150,000 as civil byindemnity and the been discovered the authorities Prescription ofWhile Crimes; Concubinage (2001)pending, Department of Finance requesting that sheAX damages. his appeal was or their agents. On June 1, 1988, complaint concubinage be to hera former postfor assistant metrestored a fatal accident. He left a as young widow, committed in February 1987 was filed What against treasurer, still vacant. The 2 children,which and aismillion-peso estate. is Roberto in the Municipal Trial Court of Tanza, Department ruled that Linda may be the effect, if any, of his death on his criminal SUGGESTED ANSWER: Cavite purposes of preliminary reinstated to her former position without the as well for as civil liability? Explain briefly. (5%) The death AX various while his appeal the investigation. reasons, it from was only necessity ofof a For new appointment and directed judgment of the on 1998 when the Judge ofis said courtof theJuly City3,Treasurer totrial see tocourt it that thepending, sum extinguishes his criminal liability. The decided the case by dismissing it for lack of P5,000.00 be satisfied. Claiming that she civil liability insofar as it arises from the crime jurisdiction since theto crime was committed should not be made pay P5,000.00, Lindain and recoverable under the Revised The Office of the President dismissed the Manila. The was subsequently filed Penal with appealed to case the Office of the President. Code isand also extinguished; indemnity and appeal held acquittal, notdismissed absolute the City Fiscal of that Manila butbut it was damages be recovered in a civil action if pardon. Ismay the only ground for reinstatement on the ground that the crime had already predicated on a source of obligation under to one's former position and that the prescribed. The law provides that the crime of SUGGESTED ANSWER: Art. 1157, Civil Code, such as law, contracts, absolute pardon does not exempt the culprit concubinage prescribes inoften (10) years. No, the Fiscal's dismissal theIs case onnot on quasi-contracts and quasi-delicts, but from payment of civil liability. Linda Was the dismissal by the fiscal correct? Civil basis indemnity and damages under the alleged prescription is (People not correct. The filing SUGGESTED ANSWER: the of delicts. v. Bayotas, 236 entitled to reinstatement? Explain, (5%) No, Linda is not Code entitled reinstatement to if Revised Penal recoverable only of the complaint with are thetoMunicipal Trial SCRA 239 ).

her position inasmuch as her right the former accused hadonly been with finality Court, although forconvicted preliminary thereto had been relinquished or forfeitedthe by before he died. investigation, interrupted and suspended Extinction; Criminal & Civil Liabilities; Effects; Death of reason of of prescription her conviction. The absolute period in as much as thepardon Offended Party (2000) merely extinguished her criminal jurisdiction of a court in a criminalliability, case is (People vs.her Galano. SCRA removed disqualification, and restored determined by the75 allegations in the 193) her eligibility for appointment to that office.of complaint or information, not by the result She has to re-apply for proof.


towards car neutralize and handed Aparri. the two AtHernandez daybreak, sticks of cigarettes and the the crew Salazar found to C. While that rulings. athe robbery transaction Thetook amendment place. was taking They was place, radioed sortthe ofthe a traffic Aparri rider light Port to changed theAuthorities coupto d'etat green resulting law, andRep. the car in Act the No immediately apprehension 6968. ofwas the off. culprits. As the car continued What crimesped committed? Explain. SUGGESTED ANSWER: Art 134-A: Coup d’ etat Quiapo, & Rape; Frustrated to speed towards A clung(2005) to the (2.5%) Piracy the high was committed by the Taking into account the nature and elements windowin of the car seas but lost his grip and fell renegade Ybanags. The culprits, who are of the on felonies of coup d’The etat and may down the pavement. car didrape, not stop. neither members of the complement one be criminally forwhich frustrated coupnor d’ A suffered seriousliable injuries eventually passengers of the ship, seized part of the etat or frustrated caused his death. rape? C wasExplain. charged(2%) with SUGGESTED ANSWER: equipment of the vessel while it was three ROBBERY with HOMICIDE. In the end, the No, one miles cannot be from criminally liable for hundred away Aparri, Cagayan Court was not convinced with moral certainty frustrated coup d’ etatCode). or frustrated rape (Art. 122,guilt Revised Penal that the of C has been established because in that coupwhile d’ etat merewas attack Supposing the the robbery beyond reasonable doubt and, thus, directedplace, against the duly constituted taking the culprits stabbed a acquitted him on the ground of reasonable SUGGESTEDof ANSWER: authorities ofthe thecrew Republic of sleeping. the Philippines, member while doubt. Can the family of the victim still Yes, ascrime against C, committed? A's camp family can still recover or any military or Explain. installation, What was recover civil damages in view of the acquittal SUGGESTED ANSWER: civil damages despite C's acquittal. When the communication networks, public utilities or (2.5%) of C? crime Explain. (5%) prosecution The committed is qualified piracy, accused in a criminal is other facilities needed for the exercise and because was accompanied by physical acquitted it on possession the ground that guilt has not continued of his power would injuries/homicide. The culprits stabbed a been proved beyond reasonable doubt, a consummate the crime. The objective may member thedamages crew the while sleeping (Art. SUGGESTED ANSWER: civil action for for the same act123, or not be toof overthrow government but only Revised Penal Code). 1) Yes. ... omission may be to destabilize orinstituted. paralyze Such the action government Crimesonly Against the Fundamental requires a preponderance of and evidence through the seizure of facilities utilities If A's family can prove the negligence of there B to by 2) On As the lawyer other of hand, Andrew, in the I will crime file of a motion rape {Art. 29, CC). essential to the continued possession and Law of State preponderance of evidence, civil action quash the the Information thethe ground of is no frustrated rape iton is either attempted or exercise of governmental powers. for damages The against B will prosper based who on prescription. consummated rape. crime Ifof false the testimony accused Violation of Domicile vs. Trespass to Dwelling (2002) quasi-delict. Whoever byaact orbecause omission under Art. placed himself 180 has on top prescribed of woman, raising Paolo, her What is the difference between violation of causes damage to another, there being fault the accused skirt and unbuttoning in the principal his pants, case, the was endeavor domicile and trespass to dwelling? (2%) or negligence, is obliged to payand for therefore the acquitted onwith January 1987 to have sex her 10, very apparent, is guilty SUGGESTED ANSWER: damage done. Such fault or negligence, the of Attempted penalty prescribed rape. On for the such other crime hand, is entry The differences between violation of domicile about pre-existing contractual relation arresto mayorto Art.the 180, RPC. by on labia orunder lips of female andthe trespass dwelling are; 1)par. The4,organ offender Crimes punishable byisarresto mayor between the parties, called a quasi-delict the penis, even without rupture of the hymen in violation of domicile is a public prescribes in five (5) years (Art. 90, par. 3, [Art. 2176,acting CC). This is entirely and or laceration of the vagina, consummates the officer under color ofseparate authority; in RPC). But the case against Andrew was filed distinct from civil liability arising from crime of rape. More so, it has long trespass to dwelling, the offender is a Civil Liability; Subsidiary; Employers (1998) only on June 18,“stray” 1994, whereas the principal negligence under the Penal Code 31,vs. abandoned its decision in[Arts, People private personaor public officer acting in Guy, while driving passenger jeepney criminal case was decided with finality on 2176, 2177, CC}. where the accused was Erina 50 Philcapacity. 998 2) a private Violation of domicile is committed in 3 Art 134-A;and Coupoperated d’etat (2002) owned bythence Max, bumped Demy, January 10, 1987 the found guilty of Frustrated rape. different ways: (1)and, by entering the dwelling of If a group of persons belonging to the armed a pedestrian crossing the street. Demy prescriptive periodthe of willcrime commenced another against of the latter; (2) forces a swift attack, accompanied by sustained injuries which required medical to run. makes From January 10, 1987 to June 18, the searching papers and other effects inside Prescription of Crimes; Simple Slander (1997) violence, intimidation and threat against a attendance for three months. Guy was 1994 is more thanthe five (5) years. dwelling without previous consent of the A was charged in an information with the vital military installation for the resulting purpose of charged with reckless imprudence owner;ofor (3) refusing to leavebut theafter premises crime grave oraland defamation seizing power taking over trial, such to physical injuries. Convicted by the which he entered surreptitiously, after being SUGGESTED ANSWER: the court found him guilty only of the offense installation, what crime or crimes are they Metropolitan Trial Court. Guy was sentenced 3) Trespass to dwelling is committed required to leave the premises. The perpetrators, being persons belonging to of simple slander. He filed a motion for guilty of? (3%) to suffer a straight penalty ofby three months of only in one way; that is, entering the the Armed Forces, would to beindemnify guilty of the reconsideration contending that, under the arresto mayor and ordered dwelling of another against the express or crime ofcrime coup d'etat, under Article 134-A of Upon finality ofof the decision, a writ of law, the simple slander would have Demy in the sum of P5,000 and to pay implied will of the latter. the Revised Penal Code, as execution was served upon Guy, butamended, was prescribed in two months from commission, P1,000 as attorney's fees. because their attack was against vital returned due toagainst his insolvency. and sinceunsatisfied the information him was Crimes Against Public Order military installations which after are to Demy moved forfour a subsidiary writessential of alleged filed more than months the the continued possession and exercise of execution against Max. The opposed commission of the crime, thelatter same had Art 134; Rebellion; Politically Motivated; Committed byonis The Solicitor General opposed the motion governmental powers, and their purpose the motion on-the ground that the decision already prescribed. NPAIfMembers (1998) B. the attack but the leader two grounds: first,is inquelled determining the to seize power by taking over such made no mention of his subsidiary liability On May 5, 1992, at about 6:00 a.m., while is unknown, who shall be deemed the prescriptive period, the nature of the offense installations. and that he was not impleaded in the case. SUGGESTED ANSWER: SUGGESTED ANSWER: Governor Alegre of Laguna was on board his leader thereof? (2%) charged the Information should[5%] be How will in you resolve the motion? The leader being unknown, any person who motion is to be granted. Max as an car traveling along the National considered, not the crime proved; Highway second, of in fact directed the others, spoke for them, employer of Guy and engaged in an industry Laguna, Joselito and Vicente shot him on the assuming that the offense had already signed receipts and other documents issued (transportation business) where said head resulting in his instant death. prescribed, the defense was waived byAt thethat in their name, or performed similar acts, on employee is utilized, is subsidiarily civilly time, Joselito and Vicente were members failure of A to raise it in a motion to quash. of behalf of ANSWER: the group shall be deemed the SUGGESTED liable under Article 103 of Revised Penal the liquidation squad of the the New People's Resolve the motion for reconsideration. The leader motion of said for coup reconsideration d'etat (Art 135, should R.P.C.) be Code. the decision made no upon Army Even and though they killed the governor granted.mention of his subsidiary liability, the law orders of their senior officer. Commander violated (Revised to Penal Code) itself Tiago. According Joselito and Vicente,

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Art Coupordered d’etat; NewtoFirearms Lawand (1998)Max a) 134-A; mandates they The were accused for such cannot liability kill be Governor convicted Alegre of the is

1. How is crime of practices. coupignorance d'etat offense deemed because to ofthe know his simple corrupt it because slander although If youof were ittheis 2. Supposing a public school teacher committed? [3%] necessarily law the prosecutor, is neverincluded excused. what in crime And thesince offense will you his of liability charge grave SUGGESTED ANSWER: participated in but a coup d'etat using in anbecause, Joselito slander is not primary and charged Vicente? inonly the [5%J subsidiary information, case his If I were the prosecutor, would charge unlicensed firearm. What crime or crimes did the lesser offense employee cannot had pay; already he I need prescribed not be at Joselito and Vicente with the crime of O.G. 6468; Francisco vs. CA, 122 SCRA 538; he [2%] thecommit? impleaded time thein information the in thewas criminal filed (People case. us. It rebellion, considering that the killers were Magat People. 201 duly SCRAnotified 21) otherwise sufficesvs. that of the Rarang, (CA) 62 he was members the liquidation squad of the New prosecutors can easilyofcircumvent the rule of motion forofissuance a subsidiary writ of People's Army and the killing was upon Civil Liability; When Mandatory; Criminal Liability (2005) prescription in thus lightgiven offenses by the simple execution and the opportunity to orders of their commander; hence, The accused was found guilty of 10 counts of expediment of filing a graver offense which be heard. politically-motivated. This was the ruling rape for having carnal knowledge with the in includes such light offense. b) While theAvila, general is the the failure of involving People vs. 207rule SCRA 1568 same woman. In addition to penalty of an ALTERNATIVE ANSWER: accused to file a motion to quash before he identical facts he which a movement imprisonment, was is ordered to pay taken If I were the prosecutor, I would charge pleads tonotice the complaint or shall judicial of as engaged in rebellion indemnity in the amount of information, P50,000.00 for Joselito and Vicente for of thethe crime of murder be deemed a waiver grounds of a against the Government. each count. On appeal, the accused as the purpose of the killing was because of motion to the quash, theofexceptions to this questions award civil indemnity forare: his "corrupt practices ", which does not (1) nocount, offense was charged complaint each considering that in thethe victim is the appear to be politically motivated. There(3) is or information; (2) lack of Jurisdiction; same woman. How would you rule on the no indication as to how the killing would SUGGESTED extinction ANSWER: of offense orExplain. penalty; and (4) contention of the the accused? (3%) The contention is Since unmeritorious. the promote or further the objective ofUnder the New double jeopardy. the ground invoked ALTERNATIVE ANSWER: law, every person criminally liable is civilly Peoples The killing ishis murder because by crime theArmy. accused motion for The should be in rebellion with murder liable. (Art. 100, Revised Penal Code) Since (People vs. Balagtas) it was committed with treachery. reconsideration is extinction of the offense, considering that Art. 135 of the Revised each count charges different acts then can be raised even afterfelonious plea. In fact, Penalit Code has already been amended by and ought to be punished differently, the LIABILITY it may even be invoked on appeal Rep. Act No.CIVIL 6968, deleting from said Article, concomitant civil indemnity ex delicto for common crimes which used to be punished every criminal act should be adjudged. Said Civil liability; Effect of Acquittal (2000) as part and parcel of the crime ofa rebellion. civil indemnity is mandatory upon finding of Name at least two exceptions to the The ruling in People vs. Hernandez, general 99 Phil. the fact ofinrape; it isacquittal distinct from and should rule that case of of the accused 515 (1994), that rebellion may not be not be denominated as moral damages which in a criminalwith case,common his civil liability is likewise completed crimes committed are based on(2%) differentDamages jural (2006) foundations. SUGGESTED ANSWER: extinguished. Damages; Homicide; Temperate in furtherance was because Exceptions thethereof, rule that from athe (People v. toJalosjos, G.R. acquittal Nos. 132875-76, In a crimecrimes of homicide, the prosecution failed common were then penalized Art. criminal case extinguishes civil liability,in are: November 16, 2001) to present any receipt to substantiate the 135 together with theisrebellion, 1) When the civil action based on with one heirs' arising claim for an48 award of actual damages, penalty and Art. of the Rev. Penal from the act complained of Code as a obligations not such as expenses for the wake and burial. cannot be applied. Art. 135 of said Code 2) When acquittal based on felony;is What kindexactly ofdoubt damages may the the trialon court remained the same when case of reasonable or acquittal is the SUGGESTED ANSWER: award to them and 186 howSCRA much? (5%) Enrile vs, Salazar, (1990) was ground not217 been proven The courtthat mayguilt awardhas temperate damages in resolved. Precisely for the reason that Art. 48 beyond reasonable doubt (Art. 29, New Civil the amount of twenty-five (P25,000.00) cannot apply because the common crimes 3) Acquittal due to an exempting Code); thousand pesos. Under jurisprudence, were punishedlike as part of rebellion in Art. circumstance, Insanity; 4) Where the 135, temperate damages is awarded in homicide that this Article was amended, deleting court states in its Judgment that the case the 48. It is that in vs. when nonoteworthy sufficient proof of Enrile actual damages is common crimesthe therefrom. That the common merely involves a civil obligation; 5) Where Supreme Court said Salazar (supra) offered or if the actual damages proven is crimes were deleted from for said Article, there than was a twenty-five proper reservation the filing these: less thousand (P25,000) demonstrates a apparent clear legislative to of a"There separate civil action; 6) In cases of an need tointention restructure (People v. is Salona, G.R. No. 151251, May 19, treat common crimes as distinct from independent civil actions provided for in Arts. thethe lawAgainst on rebellion, either to raise the 2004). Crimes National Security rebellion and remove the legal impediment 31, penalty 32, 33 and 34 of the New Civil Code; therefor or to clearly define and When the judgment of acquittal 7) and the Law of Nations to the application ofother Art. delimit the offenses to be includes a declaration that the fact from considered as absorbed thereby, so that if which Piracy in the the High civil Seas liability & Qualified might Piracy arise (2006) did not it cannot be conveniently utilized as the 8) Where civil liability is not derived exist While the S.S. Nagoya Maru was negotiating (Sapiera vs.the CA, 314 umbrella for everySCRA sort370); of illegal activity or based on the criminal acttowards of which the the sea route from Hongkong undertaken in314 itsSCRA name. The Court Manila, has no (Sapiera vs. CA. 370). accused is acquitted and while 300 from power to still effect suchmiles change, for Aparri, it can Cagayan, its engines malfunctioned. The interpret the law(2000) as it stands at any Civil only liability; Effect of Acquittal Captain ordered the ship to stop for given time, old and what student is needed lies A was a 17-year working who was emergency repairs lasting for almost 15 beyond Hopefully, earning his keepinterpretation. as a cigarette vendor. B was hours. Due to exhaustion, the officers and Congress the need driving a car will alongperceive busy Espana Street for at Andfell significantly the said amendment to crew asleep. While the ship was promptly seizing the initiative in this about p.m. Beside was C. The was car Art.7:00 135 of the Rev.B Penal Code anchored, a motorboat by renegade matter, which is manned purely with in red its stopped at an intersection because of the made at around theCagayan, time thepassed ruling by in Ybanags from Claveria, province," signal of the traffic light. While waitingtofor Salazar was handled down, obviously and took advantage of the situation. They cut the green signal, C beckoned A to buy some the ship's engines and took away several cigarettes. A approached the heavy crates of electrical equipment and loaded them in their motorboat. Then they left hurriedly


help him escape. barangay chairman, The B, who prison followed guards, them seeing as he suspected that they were that anoutnumbered untoward incident and might that happen. Upon resistance would seeing endanger A inside the the lives classroom, of other X pointed deckled patients, him out to his allow father, the prisoner Y, who to be administered taken by his afollowers. fist blow on What A, causing crime, him if any, to SUGGESTED ANSWER: fall down. was committed Whenby Y was A's followers? about to kick Why? A, (3%) B A's followers shall be pinned liable as principals rushed towards Y and both of the in the crime of Seeing delivery prisoner Jail latter's arms. hisof father beingfrom held by (Art. 156, Revised Penal Code). B, X went near and punched B on the face, which caused him to lose his grip on Y. The felony is committed not only by removing Throughout this incident, Z shouted words of from any jail or penal establishment any encouragement at Y, her husband, and also person confined therein but also by helping in threatened to slap A. Some security guards of the escape of such person outside of said the school arrived, intervened and establishments by means of violence, surrounded X, Y and Z so that they could be intimidation, bribery, or any other means. investigated the principal's Art 157; Evasion in of Service of Sentenceoffice. (1998) Before leaving, Z passed near A and threw a small Manny killed his wife under exceptional flower pot at him but was it wassentenced deflected by a) circumstances and by B.the What, if any, are the respective criminal SUGGESTEDTrial ANSWER: Regional Court of Dagupan City to suffer liability of X Y and (6%) b) Would your a) X is liable for Z? Direct Assault only, the penalty of destierro during which he was answer be the same if B were a barangay assuming the physical not to enter the city. injuries inflicted on B, tanod only? (4%) While serving sentence, Manny went and to the Barangay Chairman, to be only slight Dagupan Citybe toabsorbed visit his mother. Later, he hence, would in the direct 1. Did Manny commit any was arrested in Manila. assault. A Barangay Chairman is a person 2. If so, where he be crime? [3%] in authority (Art.should 152, RPC) and in this case, prosecuted? [2%] was performing his duty of maintaining peace and order when attacked. Y is liable for the complex crimes of Direct Assault With Less Serious Physical Injuries for the fist blow on A, the teacher, which caused the latter to fall down. For purposes of the crimes in Arts. 148 and 151 of the Revised Penal Code, a teacher is considered a person in authority, and having been attacked by Y by reason of his performance of official duty, direct assault is committed with the resulting less serious physical injuries completed. Z, the mother of X and wife of Y may only be liable as an accomplice to the complex crimes of direct assault with less serious physical injuries committed by Y. Her participation should not be considered as that of a coprincipal, since her reactions were b) If B were a Barangay Tanod only, the act only incited by her relationship to X and Y. as of X of laying hand on him, being an agent of the mother of X and the wife of Y. a person in authority only, would constitute the crime of Resistance and Disobedience under Article 151, since X, a high school pupil, could not be considered as having acted out of contempt for authority but more of helping his father get free from the grip of B. Laying hand on an agent of a person in authority is not ipso facto direct assault, while it would always be direct assault if Art 148;to Direct Assault;inTeachers & Professors (2002)to done a person authority in defiance A, lady professor, giving an thealatter is exercisewas of authority. examination. She noticed B, one of the students, cheating. She called the student's attention and confiscated his examination booklet, causing embarrassment to him. The following

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day, while the class was going on, the student, B, approached A and, without any warning, slapped her. B would have inflicted further injuries on A had not C, another student, come to A's rescue and prevented B SUGGESTED ANSWER:his attack. B turned his ire from continuing 1. The crime of coupthe d'etat is committed byor a on C and punched latter. What crime swift attack, accompanied by Why? violence, SUGGESTED ANSWER: crimes, if any, did B commit? (5%) B committed threat, two (2)strategy counts of assault: intimidation, ordirect stealth one for the slapping the professor, A, whoof was against duly constituted authorities then conducting classes and thus exercising the Republic of the Philippines, military authority; another one for the violence camps andand installations, communication on the student C, who came to the aidneeded of the networks, public utilities and facilities said professor. for the exercise and continued possession of By express provision of Article 152, in relation power, carried out singly or simultaneously to Article 148 of the Revised Penal Code, anywhere in the Philippines by persons teachers public or duly belonging and to theprofessors military or of police or holding recognized private schools, colleges and public office, with or without civilian support 2. publicinschool teacher committed universities thefor actual performance ofonly their or The participation, the purpose of seizing or coup d'etat for his participation therein. His professional duties or on the occasion of such diminishing state power. (Art 134-A, RPC). use of an unlicensed firearm is absorbed in performance are deemed persons in authority the coup d'etat under the new firearms law for purposes of the crimes of direct assault (Rep.ofAct No. 8294). and resistance and disobedience in Articles Art 136; Conspiracy to Commit Rebellion (1994) 148 and 151 of said Code. And any person VC, JG. GG and JG conspired to overthrow the who comes to the aid of persons in authority Philippine Government. VG wasofrecognized shall be deemed an agent a person in as the titular head of the conspiracy. authority. Accordingly, the attack onSeveral C is, in meetings were held and the plan was the eyes of the law, an attack on an agent of Art 148; Persons in Authority/Agents of Persons in finalized. hisjust conscience, a person JJ, in bothered authority,by not an attack on a Authority (2000) confessed student. to Father Abraham that he, VG, JG Who arehave deemed to be to persons in authority and GG conspired overthrow the and agents ofFather persons in authority? (3%) government. Abraham did not report SUGGESTED ANSWER: this information to the proper authorities. Did Persons in authority are persons directly Father Abraham commit a crime? If so, what vested with jurisdiction, whether as an SUGGESTED ANSWER: crime was committed? What is his criminal No, Fatheror Abraham did notof commit a crime individual as a member some court or liability? because the conspiracy involved is one to government corporation, board, or commit rebellion, notcaptains a conspiracy commit commission. Barrio and tobarangay treason which a personpersons criminally chairmen are makes also deemed in are Agents of persons in authority liable under Art152, 116, authority. (Article RPC)RFC. And even persons who by it direct of law or by assuming that will provision fall as misprision of election or by appointment by competent treason, Father Abraham is exempted from authority, are charged with12, maintenance of criminal liability under Art. par. 7, as his public thecan protection and security of failure order, to report be considered as due to life and property, such as barrio councilman, "insuperable cause", as this involves the Conspiracy commit rebellion in barrio policeman, barangay leaderresults and any sanctity and to inviolability of a confession. criminalwho liability to to thethe co-conspirators, person comes aid of personsbut in In applying the provisions of Articles 148 and not to a person who learned of such and did authority (Art. 152, RPC), 151 of the Penal authorities Code, teachers, not report to Rev. the proper (US vs. professors persons charged with Vergara, 3 Phil.and 432; People vs. Atienza. 56 Phil. 353).the Art 148; Direct Assault vs. Resistance & Disobedience supervision of public or duly recognized (2001) private schools, colleges and universities, A, teacher in at the Mapaactual High performance School, having anda lawyers of gotten mad at X, duties one ofor his because their professional onpupils, the occasion of of the latter's throwing paper clipspersons at his such performance, shall be deemed classmates, twisted right299, ear. X wentBatas out in authority. (P.D. hisNo. and Art 156; Delivery of Prisoners from Jail (2002) of the classroom crying and proceeded home Pambansa Blg. 873). A, a detention a located at the prisoner, back of was the taken school.toHe hospital emergency treatment. reported for to his parents Ymedical and Z what A had His followers, of Zwhom were armed, went done to him. Yall and immediately proceeded to the hospital to take him away or to the school building and because they were running and talking in loud voices, they were seen by the


fetched by one of Pascual's men tried to appease Pascual and Renato to prevent a violent confrontation. However, Pascual resented the intervention of the barangay captain and hacked him to death. What SUGGESTED crime was ANSWER: committed by Pascual? Discuss Pascual committed the complex crime of fully. homicide with assault upon a person in authority (Arts. 148 and 249 in relation to Art, 48, RPC). A barangay chairman, is in law (Art. 152), a person in authority and if he is attacked while in the performance of his official duties or on the occasion thereof the felony of direct assault is committed. Art. 48, RPC, on the other hand, provides that if a single act produces two or more grave or less grave felonies, a complex crime is committed. Here, the single act of the offender in hacking the victim to death resulted in two felonies, homicide which is grave and direct assault which is less grave.

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acting as principal offenders, launched a swift attack thru strategy, stealth, threat, violence or intimidation against duly constituted authorities of the Republic of the Philippines, military camp or installation, communication networks, public facilities or utilities needed for the exercise and continued possession of governmental powers, for the purpose of seizing or Unlike rebellion which requires a public diminishing state powers. uprising, coup d'etat may be carried out singly or simultaneously and the principal offenders must be members of the military, national police or public officer, with or without civilian support. The criminal objective need not be to overthrow the existing government but only to destabilize Complex Crime;the Direct Assault government. with murder (2000) or paralyze existing Because of the approaching town fiesta in San Miguel, Bulacan, a dance was held in Barangay Camias. A, the Barangay Captain, was invited to deliver a speech to start the Crimes against Public Interest dance. While A was delivering his speech. B, one of the guests, went to the middle of the False Notes; Illegal Possession (1999) dance floor making obscene dance 1 Is mere possession of false money bills movements, brandishing a knife and punishable under Article 168 of the Revised Penal SUGGESTED ANSWER: challenging everyone present to a fight. A Code? (3%) 1. Yes. Explain. Manny committed the crime of approached B and admonished him to keep 2 The accused was caught in possession of evasion of service of sentence when he went quiet and not to disturb the dance and peace 100 counterfeit bills. could not explain to Dagupan City,P20 which heHe was prohibited of the occasion. B, instead of heeding the how and why he possessed the said bills. Neither from entering under his sentence of could he explain what he intended to do with the advice of A, stabbed the latter at his back destierro. when A turned his back to proceed to fake bills. Can he be held criminally liable for such twice A sentence imposing the penalty of destierro SUGGESTED ANSWER: the microphone to continue his speech. possession? Decide. (3%} is evaded when the convict enters any of the The complex crime of direct assaultA fell with to the ground and died. At the time of the place/places he is prohibited from entering murder was committed. A, as a Barangay incident not armed. What crime under the sentence or come within the Captain, Aiswas a person in authority and was was committed? Explain. (2%) prohibited radius. Although destierro does acting in an official capacity when he tried to not involve imprisonment, it is nonetheless a maintain peace and order during the public deprivation of liberty. (People vs. Abilong. 82 dance in the Barangay, by admonishing B to 2. Manny Phil. 172).may be prosecuted in Dagupan City keep quiet and not to disturb the dance and or in Manila where he was arrested. This peace of the occasion. When B, instead of is so because evasion of service of heeding A's advice, attacked the latter, B sentence is a continuing offense, as the acted in contempt and lawless defiance of convict is a fugitive from justice in such authority constituting the crime of direct case. (Parulan vs. Dir. of Prisons, Lassault, which characterized the stabbing of A. 28519, 17 Feb. 1968) And since A was stabbed at the back when he Art. 134; Rebellion vs. Coup d'etat (2004) was not in a position to defend himself nor Distinguish clearly but briefly: Between retaliate, there was treachery in the stabbing. rebellion and coup d'etat, based on their Hence, the death caused by such stabbing constitutive elements as criminal offenses. was murder and having been committed with SUGGESTED ANSWER: Art 148; Direct Assault with murder (1995) direct complex crime of direct REBELLION is committed when a multitude of Pascualassault, operatedaa rice thresher in Barangay assault with murder was committed by B. persons rise publicly in arms for the purpose Napnud where he resided. Renato, a resident of overthrowing the duly constituted of the neighboring Barangay Guihaman, also government, to be replaced by a government operated a mobile rice thresher which he of the rebels. It is carried out by force and often brought to Barangay Napnud to thresh violence, but need not be participated in by the palay of the farmers there. This was any member of the military, national police bitterly resented by Pascual, one afternoon COUP is committed when members or any D'ETAT public officer. Pascual, and his two sons confronted Renato of the military, Philippine National Police, or and his men who were operating their mobile public officer, rice thresher along a feeder road in Napnud. A heated argument ensued. A barangay captain who was

47 of 86 The judge immediately ordered the prosecution of Andrew for giving a false document; or by erasing, substituting, testimony favorable to the defendant in a counterfeiting, or altering by any means the criminal case. 1.] Will the case against figures, letters, words or signs contained therein. Andrew prosper? 2.] Paolo was acquitted. FALSIFICATION, on the other hand, is committed The decision became final on 1 Counterfeiting or imitating any handwriting, by: January 10, 1987. On June 18, 1994 a case of signature or rubric; false testimony was filed against Andrew. As his giving 2 Causing it to appear that persons have lawyer, what legal step will you participated in any act or proceeding when they SUGGESTED take? ANSWER: 1) Yes. For one to be criminally liable under did not in fact so participate; Art. 181, RFC, it is not necessary that the 3 Attributing to persons who have criminal case where Andrew testified is participated in an act or proceeding statements terminated first. It is not even required of the other than those in fact made by them; 4 Making untruthful statements in a narration prosecution to prove which of the two statements of the witness is false and to of facts; prove the statement to be false by evidence 5 Altering true dates; 6 Making any alteration or intercalation in a other than the contradictory statements (People vs. Arazola, 13 Court of Appeals Report, genuine document which changes its meaning; 2) As lawyer of Andrew, I will file a motion to 2nd series, p. 808). 7 Issuing in an authenticated form a quash the Information on the ground of document purporting to be a copy of an original prescription. The crime of false testimony document when no such original exists, or under Art. 180 has prescribed because Paolo, including in such copy a statement contrary to, or the accused in the principal case, was different from, that of the genuine original; or acquitted on January 10, 1987 and therefore 8 Intercalating any instrument or note relative the penalty prescribed for such crime is to the issuance thereof in a protocol, registry, or arresto mayor under Art. 180, par. 4, RPC. official book. Crimes punishable by arresto mayor prescribes in five (5) years (Art. 90, par. 3, RPC). But the case against Andrew was filed only on June 18, 1994, whereas the principal criminal case was decided with finality on January 10, 1987 and, thence the prescriptive period of the crime commenced to run. From January 10, 1987 to June 18, Falsification; Presumption of Falsification SUGGESTED ANSWER: 1994 is more than five (5) years. (1999) A falsified official or public document was 1 No. Possession of false treasury or bank found in the possession of the accused. No note alone without an intent to use it, is not evidence was introduced to show that the punishable. But the circumstances of such possession may indicate intent to utter, sufficient accused was the author of the falsification. to consummate the crime of illegal possession of As a matter of fact, the trial court convicted the accused of falsification of official or public false notes. 2 Yes. Knowledge that the note is counterfeit document mainly on the proposition that "the and intent to use it may be shown by the conduct only person who could have made the erasures and the superimposition mentioned of the accused. So, possession of 100 false bills reveal: (a) knowledge that the bills are fake; and is the one who will be benefited by the alterations thus made" and that "he alone (b) intent to utter the same. Was conviction of the could the have the motive foraccused makingproper such although the conviction was premised merely False Testimony (1994) alterations". on the aforesaid ratiocination? Explain your Paolo was charged with homicide before the SUGGESTED ANSWER: answer. (3%) Regional Trial Court of Manila. Andrew, a Yes, the conviction is proper because there is prosecution witness, testified that he saw a presumption in law that the possessor and Paolo shoot Abby during their heated user of a falsified document is the one who argument. While the case is still pending, the falsified the same. City Hall of Manila burned down and the entire Forgery & Falsification (1999) records of the case were destroyed. Later, the How are "forging" and "falsification" committed? records were reconstituted. Andrew was again SUGGESTED ANSWER: (3%) called to the witness stand. This time he FORGING or forgery is committed by giving testified that his first testimony was false and to a treasury or bank note or any instrument the truth was he was abroad when the crime payable to bearer or to order the appearance took place. of a true and genuine Criminal Law Bar Examination Q & A (1994-2006)


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ALTERNATIVE ANSWER: SUGGESTED ANSWER: There or infidelity accused Danny King but returned there committed ismust no claimed was crime inmake tothe jail no the that of custody reparation early attempt composite subornation they each of aredocuments to corresponding morning, not crime kill? ofpublic perjury. of Explain until Rape shall Sisenando account Dela execution consideration" Works permission Renta andfor which purchased Highways, from may the ofwould his still the government duty be prompt the have suspended officer. share amount produced enforcement of Upon property of the pendente the of is No. Pete did not act in defense of his honor. Pascual committed the complex crime of The be the accountable to the with your imposed. ten-day crime homicide answer. value issentence of officers now Sec. (3%) as thetreated 1 acar of single and, had P.D. which as ifbeen indivisible No. any plain is1829 P800,000.00. crime fully perjury refers served. offense, waswith stockholders enough lite intended the writ P100,000.00 reaching despite ofthe felony factual execution holding front known of Estrella of yard homicide basis as awhich different the of Corporation for his fund iswere home, an apublic for official itfinding not in hetwo office, for dutyof For this defense to apply under Art. 11,taking there homicide with assault upon a person in term SUGGESTED ANSWER: ALTERNATIVE ANSWER; the merely committed, Did not one the a complex to Chief inducing the it of should imposition crime, Police another only commit and of as bethe Theft. the Estafa any higher principal The crime? under installments, malversation. the causes of the construction, noticed PDIC, sheriff independent that when the to making rehabilitation, Indeed, do. light he was of him in the even the charged. the act master betterment, majority his of Dante. explanation bedroom The and The accused is liable for the death of the a) On the premise that even without the must SUGGESTED be an ANSWER: unlawful aggression which is authority (Arts. 148 and 249 in relation to Art, Malversation; Properties; Custodia Legis (2001) inducement, penalty Art. Explain. of Laura's 315,and par. jewelry does and l(b) the not ofwhen the latter, preclude Revised sheasisprincipal prosecution already Penal Code. by dead that "office" Dante was on the had and in guns Sec. the that were intent 13 the ofstolen bedroom R.A. to kill 3019 isjudging incredible. window applies from to For the any if stockholder Improvement thereof (CRBI) and for the eventually, concreting itswas of The Chief of Police is guilty of violation of Art. victim even though he merely aimed and P2,000, Sheriff Ben Rivas had to carry out defined as an attack or material aggression 48, RPC). A barangay is inwho law (Art. Accused Juan Santos, a deputy in a direct foronly What is obstruction is participation theft. the proper of justice, offense even committed? ifsheriff the66same State president. the office weapon Barangay open. firearms Approaching which used, Phanix Because were the theRoad officer manner actually the thechairman, located front stockholders might ofstolen, door, committing incurrently Masinloc, he he was should the sold be (People vs. Podol Phil. 223, RPC, consenting or conniving toheld fired ALTERNATIVE at the ANSWER: latter's leg, "not intending to liable kill the writ of execution and not that he that ain danger to his life or personal 152), aand person in authority and if he iswould Criminal Liability; Tumultous Affray (1997) Regional Trial Court, levied on the personal not constitute the reason(s) .poses Since this for another your case answer. offense. A cannot (5%) be have holding crime surprised reported and to the hear not part the sighs matter necessarily ofundertaken the and body immediately giggles stabbed. the inside office to the the or 365) their Zambales, stocks afailed project to comply with on their proposal Obstruction of Justice is not committed in evasion, the elements of which are (a) he is SUGGESTED ANSWER: the victim", considering that the gunshot was be implementing the writ only because safely. It be a real aggression attacked while inCaptain. performance of hisof During a must town a that free-for-all fight properties of a fiesta, defendant inhe a civil caseto for perjury, the matter testified warranties authorities. position Dante of the Barangay bedroom. is guilty in He attendant relation opened of less to to the serious which the door Informed sale, physical very he Sisenando is that carefully charged the (People vs. Baguiran , 20 SCRA 453; The proper offense committed this case, because the act destroying the a public officer, (b) he is inof charge orwith custody felonious was the proximate cause of the the receipt ofG.R. theC amount by C. AP2,000.00, rushed inside and grabbed but the characterized by ahe physical force or athe official duties orwounds on the occasion thereof the erupted inand the public plaza. As awrit result of before said court, pursuant to awas of being immaterial, cannot therefore be held injuries and peeped for the inside where sustained he saw his by B Felicilda (Segovia us. v. Grospe, Sandiganbayan, GR No. 10294, July No. 3,wife 122740, 1992) withheld fund was payment already exhausted of the second while installment the (1999) Malversation of Public Property, not estafa, Malversation vs. Estafa (1999) evidence in his custody is already penalized of a prisoner, detention or prisoner by final death. An offender is liable for all the direct, said sheriff may be regarded as a gift latter managed to wrest himself free and weapon to cause injury or damage to one's felony of direct assault is committed. tumultuous affray, A sustained one fatal and execution duly issued by the court. Among March responsible as a principal by inducement due Mamerto. concreting having on30,1998). sexual theThere of shares Barangay intercourse appears and deposited Phanix towith be no their Road the intent neighbor remained money to in What Art. 48, constitutes RPC, on the the other crime hand, of malversation provides considering that Reyes andNos. Santos, upon How isinstead, malversation distinguished from by law which imposes adeposited higher Infanticide (2006) judgment, (c) that prisoner escaped, and natural, logical consequences ofstatus. his received by reason of his office and notsuit as a jumped out the window, Aof followed life. (People v. Nahayra, G.R. 96368-69, three superficial stab wounds. He died a day theanother properties levied upon and when heand induced Cthe to testify on his escrow kill unfinished, because aof Dante representative subject merely to assaulted release the once said SUGGESTED ANSWER: Under Article 247 of the Revised Penal of that public if a single funds act or property? produces (2%) two more their application, were constituted as "fiscal estafa? penalty. (Sec. 1, P.I). No. (d) there must be connivance. Ana has been a bar girl/GRO at warranties. aor felonious act different from what "consideration" for the performance of house an and managed to catch C again and after a The October 17, 1991; People v. 1829) Housing, G.R. No. after. B, C, D although and E were proven toClerk be inside the "evidence room" ofas the of Consequently, C is not liable principal byhe stockholders Mamerto Commission without on comply Audit using with conducted the their knife. abeer spot audit SUGGESTED ANSWER: Malversation differs from estafa in that Jurisdiction; Impeachable Public Officers (2006) Relaxation of a prisoner is considered grave or less grave felonies, a complex Code, is destierro a penalty? Explain. agents" of the sequestered firm and were for more than 2 years. She fell in love with intended. However, since specific intent to official duty; hence, only indirect Bribery 64965, July 18, 1991) furious struggle, managed also to strangle participants in theRTC "rumble", each using a Court for Multiple Salas were a direct participation in perjury, having testified stockholders of Elizabeth who concerned, failed to in account turn, rescinded for the the SUGGESTED ANSWER: Malversation of public funds or property malversation is committed by an accountable b) On the part of the plaintiff and her Judge Rod Reyes was appointed bythe former infidelity, thus making the penalty crime is committed. Here, the single act her. of is Perjury (2005) "given custody and possession" of Oniok, the bartender, who impregnated kill is absent, the crime for said death is only would be committed by said sheriff. him to death. A then rushed back to his knife against A, but it could not be refrigerator, a stock of cassette tapes, a on matters not material toDeputy an administrative sale Pl00,000 in question CRBI fund. and Elizabeth, removed Sisenando who was from In the caseFidel of People v.as Abarca, G.R. No. committed by any public officer who, by ALTERNATIVE ANSWER: public officer involving public or lawyer as giver of the bribe-money, the President Ramos Ombudsman ineffectual; although the convict may not the offender in hacking the victim tofunds death Al Chua, aand Chinese national, filed athe petition sequestered properties, including But Ana did not inform him about her homicide not murder (People vs. Pugay bedroom where his wife B was cowering ascertained who among them inflicted the dining table set of chairs and several case. the charged Presidency with malversation of the Estrella of public Corporation, funds, , the Court ruled 74433, September 14, 1987 The accused is liable for the death of the reason of the duties of his office, is property under his custody crime is Corruption of Public Officials under for the Visayas for a term of 7 with years have fled itnot is still (US vs. Bandino, 9they Phil. 459) resulted inand two felonies, homicide which isBand under oath for naturalization, the delivery vans which later could condition instead, went home toACebu to and Samson, 167 SCRA 439) under the bed covers. Still enraged, hit mortal injury. Who shall be held criminally lampshades. Upon the defendant's paying off Sisenando was acquitted then by filed the a Sandiganbayan verified complaint of that for that Article 247 does not define a felony. victim infor. as much as his act of shooting accountable for while public funds or property, shall accountability; estafa isher committed by SUGGESTED ANSWER: Article 212, Revised Penal Code. commencing on July 5,1995. Six months violative of the provision. It also includes athe grave and direct assault which is less grave. Regional account Trial They Court were of thus made In his the petition, conceal her shame. However, parents with fist blows and rendered her liable for the death of AManila. and for what? the judgment creditor, he tried to claim his damages charge but against was nevertheless said stockholders convicted, in his in the However, it went on to state that the penalty victim at the leg is felonious and is the take or misappropriate or shall consent, or Direct Complex Bribery: Crime; Infidelity Parricide in w/ the unintentional Custody of Documents abortion B, C,when D, that and E is being participants in the non-accountable public officerafter or private thereafter, a lady stenographer filed with case the guard allowed the prisoner, he stated he married toof Leni Chua; that depositary and administrator properties drove heras away. So she returned toof Manila unconscious. The police arrived being properties but found out that several items capacity same criminal president case, for and illegal principal use public is merely banishment of the accused, proximate cause ofSampaloc, death. Aproven person (People vs.the Revilla). through abandonment or negligence, shall (2005) (1994) tumultuous affray and having been to individual involving funds orand property for Office of Ombudsman a complaint for acts who serving aher six-day sentence in the he isis living with in Manila; that deposited by public authority and hence, by and stayed with Oniok in hisargued boarding house. summoned by their neighbors arrested were missing, such as the cassette tapes, stockholder funds. On appeal, of Estrella Elizabeth Corporation. that In her intended for his protection. Punishment, performing a felonious act is criminally liable permit any other person tohis take such public During Aldrich a was PNP dismissed buy-bust from operation, Job Cao by his Shih have inflicted serious physical injuries, or has at which he is not accountable to of lasciviousness and with the Supreme Court municipal Jail, to sleep inAfter his house andare eat he the isduties of good of their moral office/position, character; and they that he Upon of her pregnancy, already inthe A wholearning was detained, inquested and charged chairs and lampshades. due and retaliation, conviction was the stockholders erroneous as concerned, she applied after the Public Officers; Infidelity in Custody of Prisoners (1997) therefore, is not inflicted on the accused. Malversation: Anti-Fencing: Carnapping for all the direct, natural, and logical funds or property, wholly or partially, or shall was employer. arrested Upon for reaching selling 20 home, grams his of pregnant SUGGESTED ANSWER: least, employed violence upon A, are government. a petition for disbarment against Such him. there conducted himself in the an irreproachable accountable for such properties. an advanced state, Oniok tried to persuade for the death ofSecurities CMunicipal and serious physical ALTERNATIVE ANSWER: diligent sleuthing by police detectives petitioning amount of P50,000.00 the for and a public Exchange purpose During a town fiesta. A, the chief of police, (2005) Allan, the Treasurer of the a) Yes, A is liable for C's death but under consequences of such act although different SUGGESTED ANSWER: methamphetamine otherwise wife, Carmi, be nagged guilty hydrochloride of him theabout misappropriation money (shabu) for to or criminally liable latter's death. And Forthwith, he filed separate motions to manner during his stay in the Philippines. properties, having been sequestered by the Yes. Article 247 offor thethe Revised Penal Code her to undergo anany but she refused. Injuries of B. a)Gerona, Isabortion, A law liable for C's death? assigned to the case, these missing items Commission without violating to declare the or rescission ordinance valid, permitted B, a detention prisoner and his Municipality of was in a hurry to Elizabeth's contention that her conviction for the exceptional circumstances in Article 247 from what he intended. And since such death malversation of such funds or property, (Art, a her poseur-buyer. medicines. Depressed Cao Shih, through by his dismissal an because it cannot be ascertained who among dismiss the complaint forthe acts However, Government atin the through time the of PCGG, filing are of the in does not define and provide forof ato specific Because of their constant and bitter quarrels, Malversation (1999) Why? (5%) b) Is A liable for B's injuries? were found the house of accused Santos, further appropriating filed a the criminal said amount case for for perjury any specific against compadre, to leave the municipal jail and The failure of Reyes and Santos give any return to his office after a day-long official illegal use of public funds (technical of the Revised Penal Code, where only was SUGGESTED attended ANSWER: by therefore treachery, the will 217, RPC) intermediary, and angered by paid thePatrick, nagging the of Evidence his wife, them inflicted the mortal injury onsame A, there lasciviousness and petition for disbarment, petition, Leni Chua was already living in Cebu, custodia legis and impressed with crime but grants ainthat privilege or benefit to the she suffered birth pangs and gave birth A Municipal Treasurer, accountable for public Why? (5%) who reasoned out he only borrowed SUGGESTED 10:00 a.m. ANSWER: to 8:00 p.m. B returned to the municipal Sisenando, purpose. The claiming absence that of such the latter law or perjured If I were the fiscal/prosecutor, I would file an entertain visitors his house from satisfactory explanation why the vans were conference. He alighted from the government malversation) was erroneous, is legally destierro is prescribed. Article 247 governs constitute murder but the accused should be Custodian Aldrich struck of the Carmi PNP with Forensic his fist. Chemistry She fell to being a free-for-all fight or tumultuous affray. claiming lack of jurisdiction over his person while Al was living with Babes Toh inthe Manila, the character of public property, even though accused for the killing of another or prematurely to a live baby girl while Oniok funds or property, encashed with public The motion to dismiss the complaint of the them temporarily. If you were the fiscal 8:30 p.m. Was there any crime committed by jail at himself ordinance when was, he in stated fact, established. under oath in Is the information for Malversation against Juan missing, is prima facie evidence that they SUGGESTED ANSWER: car tenable which because was officially she was assigned charged to for him, since A surprised his of wife B in the actunborn given of the mitigating Section, the ground. the As amount a result, P500,000.00 she and her inof B, C, D, the and Ebenefit arean all liable for the crime of and office. Are both motions meritorious? with whom he has amorous relationship. the properties belong to a private individual infliction of Serious Physical Injuries. was at his place of work. Upon coming home funds private checks drawn in favor of his SUGGESTED ANSWER: Deputy Ombudsman for the acts of /prosecutor, what would be the nature of the SUGGESTED ANSWER: A? No, Sisenando may not be held liable for verification contention of ofof Elizabeth his complaint legally for tenable? damages that Santos for cassette chain andunder had putcaused thethe same their personal use. leaving theWhat ignition key and the car unlocked, malversation public funds under Art. 217 having sexual intercourse with C, and the circumstance that hetapes, did not intend to consideration baby died. for crime the destruction was committed by Patrick by of death in ato tumultuous affray (5%) After his direct testimony, Al Chua withdrew (Art. 222, RPC). Destierro is a punishment whereby a convict Yes, A committed the crime of infidelity in and learning what happened, he prevailed wife. The checks bounced, the drawer not Murder; Definition & Elements (1999) Aldrich committed the crime of parricide with lasciviousness should be denied as only the information to be filed against the accused? Malversation (2006) Criminal Liability; Tumultuous Affray (2003) perjury because It cannot be reasonably he Explain. is the President of the Estrella Corporation lampshades which he, as deputy sheriff, and rushed to his office. Jules, a bystander, of the Revised Penal Code but was convicted killing of CPatrick was "Immediately thereafter" as commit so grave a wrong as that which was the Aldrich? drug. managed to destroy the Article 251 of the Revised Penal Code. his for naturalization. What crime or crime?upon is banished to certain place and the custody ofisaa prisoner. Since B is a of Ana tothat conceal her dishonor. Hence, having enough cash in the drawee bank. The Define murder. What are the elements the unintentional abortion. When Aldrich struck Ombudsman included in the list of Why? (5%) 1. In 1982, the Philippine National Bank (PNB), In apetition free-for-all brawl that ensued after some maintained he willfully and deliberately Grave Scandal (1996) SUGGESTED ANSWER: when in fact he had already been removed levied upon and thus under his accountability drove off with the car and later sold the same for Illegal use of public funds which is the discovery, escape, pursuit and killing of as C committed (Art. 13(3), RPC) drug. State with reasons whether Patrick crimes, if any, did Al Chua commit? Explain. SUGGESTED ANSWER: prohibited from entering or coming near that detention prisoner. As Chief of Police, A has they placed the infant in a shoe box and Municipal Treasurer, in encashing private [3%] his wife, Carmi, with his fist, he committed impeachable officers found in Article XI of the Al Chua committed perjury. His declaration What are the respective crimes, if any, then a government banking institution, hired SUGGESTED ANSWER: customers inside a night club became unruly, made an assertion of a falsehood when he Pia, a bold actress living on top floor of a such. Under the facts of the case, could as a public officer. Said properties being to hisone brother, Danny for P20,000.00, defined and punished under Art. 220 of1.] said form continuous act. (U.S. vs.(7%) Vargas, 2 committed the following crimes: (a) Murder is the unlawful of person (5%) place designated in the not less custody over B. Even Bsentence, returned toathus the threw itcommitted into a nearby creek. However, an checks from public funds, violated b) crime Likewise, A is liable for the serious the of maltreatment under Art, 266, Patrick the crimes of Direct 1987 the under oath for naturalization that he is of A committed by Allan, Danny and Jules? Henry dela Renta, aTherefore, CPA, askilling Regional Bank guns were fired by aifMakati group, among them alleged in the complaint that he is the plush Constitution. condominium in City sunbathed Sisenando be held liable for perjury? Explain. under levy, are in custodia legis and although the car was worth P800,000.00. Code. A public officer charged with Phil. 194) ; he Direct which otherwise would constitute SUGGESTED ANSWER: than 25 kms. (People v. Araquel, G.R. No. L- only municipal Jail atthe 8:30 p.m. A, as custodian of inquisitive neighbor saw them and with the regulations of his office. Notwithstanding physical injuries inflicted on his wife but par. 3 ofBribery the Revised Penal Code, Since Carmi Bribery and Infidelity inbe the Custody of B Sandiganbayan has jurisdiction over his good moral character and residing at Explain. Auditor. In 1992, he resigned and was and B, that finally put the customers back to President of the Corporation, obviously, he naked at its penthouse every Sunday impressed with character of public malversation may not validly convicted of Did the court correctly order Pete to pay homicide, had it not been attended by any of Allan, the municipal treasurer is liable for 12629, December 9, 1959) the prisoner, has maliciously failed to help of others, retrieved the infant who was restitution of the amount of the checks, can under the same exceptional circumstances died because of the felonious act of Aldrich, Documents. When a public officer is called prosecution (Office of false. the Ombudsman vs. CA, Sampaloc, Manila are This information employed by the Philippine Deposit Insurance their senses. Unfortunately, one customer made the allegation on the premise that his morning. She was unaware that the business property, misappropriation of which illegal use of public funds (technical SUGGESTED ANSWER: indemnity despite his exoneration under 1. With treachery oroftaking advantage of the following circumstances: malversation committed through negligence perform theto duties his office, and when he already from drowning. The incident the Treasurer nevertheless beis in Article 247 of the Revised Penal Code, for upon he isMunicipal criminally to dead perform liable or refrain ofthe parricide from performing under SUGGESTED ANSWER: .naturalization. Likewise, the G.R. 146486, March 4,of 2005) is material his petition forthe Corporation (PDIC), another governmentdied. Subsequent investigation revealed that removal from the presidency is not valid and executives holding office at adjoining tall constitutes the crime malversation malversation) because the latter crime not Yes, notwithstanding restitution ofArt. the Article 247 of the Revised Penal Code? superior strength, or with the aid of armed or culpa. The government car which was permits said prisoner to obtain a relaxation was reported to the police who arrested Ana Juan Santos misappropriated such properties The criminally conviction liable? of What Ana and crime Oniok did he is not commit? the same reasons. 246, RPC in relation to Art. 4, par. 1 of the an official act in exchange for a gift, present Supreme Court hasto jurisdiction over He committed perjury forbelonged this willful and owned and controlled corporation. Inthe 1995, a A's gunshot had inflicted on the victim buildings reported office every Sunday that is precisely the issue brought about by SUGGESTED ANSWER: although said properties to a necessarily nor does it (2005) necessarily amount ofincluded the check, the Municipal Explain. men, or employing means weaken the to assigned to him is public property under his Death under Exceptional Circumstances of hisbecause imprisonment, heuse consents to the and Oniok. The 2the were charged with parricide Explain. correct. They (2%) are liable forhim infanticide when, inindividual breach of trust, heto applied them same Code. Since the unborn baby of Carmi or consideration given to (Art. 210, petition for disbarment, as he is awhich member of deliberate assertion of falsehood isthis Yes, the privilege defined under after the PNB management unearthed many slight wound that did not cause the his complaint to SEC. It is a fact that morning and, with the of powerful private (Art. 222, RPC). include the crime of malversation. The Treasurer will be criminally liable as defense or of means or persons to insure or accountability by reason of hishome duties. Byone his Pete, aArticle security guard, arrived late prisoner escaping the punishment of being under 246 of the Revised Penal Code. his own private use and benefit. His because they killed a child less than three Revised died in the Penal process, Code), but the Aldrich crime had committed no is the bar. His motion to dismiss should be contained in a verified petition made for a Article exempts the offender from criminal irregularities and violations of the bank's rules deceased's death nor materially contribute to Sisenando has been the President of the binoculars, kept on gazing at her while she Sandiganbayan have followed the restitution doesshould not negate criminal liability 2. In consideration of awhich price,can reward afford impunity; Malversation (1994) act of negligence, he permitted the taking of night after rendering overtime. He was deprived of his liberty be After trial, they were convicted of the crime allegation that he only borrowed such days of age (Art. 255, Revised Penal Code). intention to cause the abortion his wife, direct bribery. Secondly, he destroyed the denied (See Rule 139 and 139 of the Rules of legal purpose. (Choa v. People, G.R. No. 142011, liability butB's not from civil liability. (People and dela Renta was found to v. have it. Itregulations, was gunshot that inflicted a fatal corporation and it is in from that position that sunbathed. Eventually, her sunbathing procedure provided Sec. 11, Rule 119 of although it may be considered as a ALTERNATIVE ANSWER: 3. By means oragent, on the occasion of or promise; Randy, an NBI was issued by the NBI the car by another person, resulting shocked Murder &which Sec. to 25, see Flor, No. his 9165wife, (2005) and Benjie, his considered and actual evasion of service charged. Was the conviction correct? properties isreal a lame excuse, devoid of1987; merit Aldrich committed unintentional abortion asin shabu isR.A. an evidence in hisor official Crimes Committed by Public Court). March 14, 2003) Abarca, G.R, No. L-74483, September 14, manipulated certain accounts involving trust wound on the deceased. Abycontended that his the stockholders concerned purportedly became the talk of the town. 1) What crime, No crime was committed the Chief of Rules of Court and order the filing of the mitigating circumstance similar analogous inundation, fire, poison, explosion, shipwreck, an armalite rifle (Ml6) and a Smith and Code SUGGESTED ANSWER: malversation, consistent with the as language best friend, completely naked having Candido stabbed anRPC. innocent bystander who under Article 223 of Revised Penal as there is no one from whom he borrowed custody, defined in thus, Art. constituting 257, Inasmuch infidelity insexual the the Art. 12,and Revised Penal Code) funds time deposits of depositors. liability should, ifOfficers atthe all, be limited toAfter slight removed him, whereupon he filed the if any, did Pia commit? Explain, 2) What Police. It was only an act of leniency or laxity proper Information. (Parungao us. to voluntary surrender. (People stranding of a vessel, derailment or assault Danny violated the Anti-Fencing Law. He isvs. in No, I beg to disagree with A's contention that Wesson Revolver. Cal. 38. After a year, the SUGGESTED ANSWER: of Art. 217 of the Revised Penal Code. intercourse. accidentally Pete bumped pulled him. out The his innocent service gun Homicide; Fraustrated; Physical Injuries (1994) (People vs. Leon Bandino 29 Phil. 459). the same. Thedid fact that it duty was only "after due single act Aldrich produced two grave oris custody ofof documents under Art. 226 ofthe the investigation, he was charged with physical injury. Would you agree? Why? 6% crime, if any, the business executives complaint questioning his removal. There in the performance of his and not in From Sandiganbayan. 197 SCRA 173.) , He will be criminally Velasquez, 73 Phil 98) upon a railroad, fall of an airship, or by possession of killed an item which is the subject of his liability should be limited toforced slight 1) Pia did11:00 notsleuthing commit a crime, the NBI Director made an evening, inspection offelony all the Perjury (1997) and shot and Pete was charged bystander died as aBenjie. result of the stabbing. At about in the Dante 2.] Indirect bribery; and diligent by the police less grave felonies, he falls under Art, 48, Revised Penal Code. malversation ofonly. public funds before the no willful and deliberate assertion of a commit? Explain. excess of his duty (People vs. Evangelista (CA) facts, there is no showing that there is a law P.D. Criminal No. Liabilities; 1612 Rape; (Anti-Fencing Homicide & Theft Law) (1998 No) under Bribery & Corruption of Public Official (2001) liable for malversation. However, if the means motor vehicles, or with the use of thievery. physical injury He should be held liable closest making Pia criminally liable is SUGGESTED ANSWER: firearms issued. Randy, who reported for A, a government employee, was with murder for the death of Benjie. Candido was arrested and(People was tested to be his wayto inside the house ofmotion Mamerto. Jay, detectives assigned toearthquake, the case", that the RPC, ie. a complex vs. Pete Sandiganbayan. He filed a to dismiss falsehood which is acrime requisite perjury. 4. On occasion of an eruption 38 O.G. 158). or ordinance appropriating theof amount tofor a of Section King went 5 to provides the house that of mere Laura possession who was restitution was made immediately, under Deputy Sheriff Ben Rivas received from the any other means involving great waste and Indirect bribery was not committed because SUGGESTED ALTERNATIVE ANSWER: ANSWER: for attempted homicide because he inflicted Public Officers; definition (1999) Grave Scandal, but then such act is not to be work that morning, did not show up during administratively charged with immorality contended that he acted in defense his positive for159 theSCRA use of “shabu” at theoftime Mamerto's son, saw Dante and accosted him, missing items were found in the house of Salufrancia, 401). contending he was no longer an employee of of ainformation volcano, destructive cyclone, epidemic specific public purpose. As aan matter of fact, any good, article, item, object or any thing of Crimes Against alone. Laura offered him acoemployee drink and after RTC Clerk ofwith a use Writ ofabsence Execution in his theis vehement protest against imputation The An contention for of Henry Theft may dela be Renta filed, ison not ruin; he did not receive the because of his said injury the of aPersons firearm which Who are public officers? (2%) considered asCourt scandalous and the inspection. He on having an affair with B,bribe a in the honor and that, therefore, he should be he committed the stabbing. What should beof Dante pulled ahighly knife and stabbed Jaywithout Santos, negates hiswent pretension. Malversation (2001) the PNB but of the PDIC. Is dela Renta's 5. With evident or other public calamity; the problem categorically states that the value consuming which three has been bottles the ofhim subject beer. King of robbery made tenable. case considering of Ejectment Dela that Renta the filed may sheriff by be Mrs. had prosecuted Maria already Estrada for in malversation and without leaving the office, The court found that Benjie died under SUGGESTED ANSWER: office but in consideration of ato crime in a lethal weapon. Intent to kill is inherent offensive against decency and good customs. leave (AWOL). After two years, he same office who believed be single. To acquitted of the crime. the proper charge against Candido? Explain. abdomen. Mamerto heard the commotion Alex Reyes, together with Jose Santos, contention tenable? (2.5%) 6. With cruelty, by deliberately and inhumanly premeditation; ALTERNATIVE ANSWER: absence of such law or ordinance was, in were The Public killing Officers was are not persons attended who, by any by direct of the Complex Crime; Homicide w/ Assault-Authority (1995) or advances thievery to shall her and be prima with force facie, and evidence violence, of malversation vs. deposited Luis Ablan. the even properties The if judgment he had levied ceased being upon in to in favor be the an of he may not be criminally liable. exceptional circumstances and exonerated connection with his official duty. the use of a firearm. (Araneta, Jr. v. Court of In the first place, it was not done in a public surrendered to the NBI the two firearms exculpate himself, A testified that he was (3%) and went outthe of his room. Dante, whothat was former warehousemen of the Rustan Yes, I would agree to A's contention his augmenting suffering of the victim, or fact, established." So, procedurally and provision of the law, popular election or qualifying circumstances enumerated under Pascual a rice thresher inofor Barangay fencing. ravished her. Then King killed Laura and took employee Estrada, "evidence Rivas of room" the went PNB. of the to[1990]) At her Clerk the lawyer's time ofwith Court office the and Pete ofand the crime, but sentenced to Appeals, 187 SCRA 123 place and within public knowledge view. issued tooperated him. He was charged single was willing to B,him He induced about to escape, assaulted Mamerto. Jay Department Store. In marry 1986, the PCGG criminal liability should be for slight physical outraging or scoffing at his person or corpse. Jules is guilty of carnapping. He took the Randy put up the defense that he did not substantially , the Sandiganbayan's decision appointment by competent authority, takes Article 248 of the Revised Penal Code. The Napnud where he resided. Renato, a resident her jewelry. where he was given the necessary amounts commission may have already of the been offense, relieved PNB was of his a destierro, conformably with Article 247 of the Section 3(e) RA 3019 3.] As a matter ofoffact it was discovered by the malversation government property before C to testify and C did of testify that B(Antiwas suffered injuries which, were it not for the sequestered the assets, fund and properties injury only, because he fired his gun only to motor Doming, vehicle King's belonging adopted brother, to another learned without appropriate the armalite rifle and the suffers from serious Infirmity. part inand the performance public functions in killing, however, constitutes murder because of the neighboring Barangay Guihaman, government constituting accountability owned therefor. sheriffs and and fees controlled and expenses Revised Penal Code. Theof court also ordered executives accidentally they have toalso use Graft Corrupt Practices Act); the Sandiganbayan. single. The truth, however, was that A had timely medical attendance, would have of the owners-incorporators of the store, pacify the unruly customers of the night club the about latter's the incident. consent. He (R.A. went No. to 6539) Laura's house, If Juan Santos was no longer the public SUGGESTED ANSWER: revolver for his own use, that the delay in Government of the Philippines, or the commission of a crime under the operated a mobile rice thresher which he for execution in the total amount of P550.00, corporation and therefore, any crime Pete tomarried pay indemnity the heirs of of C. theIs A binoculars haveMamerto public and full viewInjuries of Pia earlier D,they now to aconstitute neighbor caused his to death. sustained alleging that "Ill-gotten and therefore, without intent to kill. B's See. hid her 3(e), body, R.A. cleaned No. 8019 everything was not committed and washed officer who should be accountable for the SUGGESTED ANSWER: 2) The business executives did not commit accounting for them does not constitute performs in said Government or in any its influence of prohibited drugs is a qualifying, often brought to Barangay Napnud to thresh Is the defense of Pete meritorious? SUGGESTED ANSWER: committed aside from P2,000.00 by the Regional in consideration Bank Auditor, of victim in the amount of P50,000.00. (5%) sunbathing in the nude. guilty of perjury? Are A andfamily. C guiltyUpon of of their that incapacitated him for 25 days. What wealth" of the Marcos SUGGESTED ANSWER: No. A is not guilty of perjury because the gunshot that inflicted a fatal wound on the because there was no actual injury to the What, if any, are their respective civil the bloodstains inside the room. properties levied upon and found in his any crime. Their acts could not be acts of Dante committed qualified trespass to conversion and that actually the firearms branches aggravating public circumstance. duties as an (Sec. employee, 25, R.A. No. the palay of the farmers there. This was Explain. prompt ofisthe writ from Estrada who isor aenforcement public officer, subject to the subordination of perjury? crime crimes did Dante commit? application, No. A person Reyes who commits and Santos acts penalized appointed Later, King gave Jose, his legitimate brother, Murder (1999) 2. After his arraignment, the prosecution willful falsehood asserted by him is not deceased may not be imputed A would because government. When there is no specific liabilities? Explain. (5%) house, his taking of such properties no lasciviousness [as there was no overt lustful dwelling, frustrated homicide forto the stabbing were stolen bythe his friend, Chiting. Decide the agent or subordinate official, ofwere any rank or 9165) bitterly resented by Pascual, One afternoon jurisdiction and her lawyer. of The Sandiganbayan writ was successfully (See R.A. SUGGESTED ANSWER: SUGGESTED ANSWER: under Article 247 of the Revised Penal Code for as fiscal agents of the sequestered firm and one Public piece Officers; of Infidelity jewelry in belonging Custody of Prisoners to Laura. (1996) Jose filed a motion for his suspension pendente The accused, not intending to kill the victim, conspiracy cannot exist when there is a freematerial to the charge of immorality. quantified injury, violation is not committed. longer constitute Malversation but Theft, as act), of Jay, or and slander, less serious as the eventual physical injuries talk of the for case. class (Art. 203, RPC) Pascual, and his two confronted Renato 7975 enforced. as amended a) What crime, bysons RA. if 8249). any, did the Allan is under obligation to restitute the Randy is guilty as charged under Art. 217, death orofserious physical injuries inflicted they were given custody and possession of knew that the jewelry was taken from A chief of a municipality, believing lite, to which he filed an opposition claiming treacherously shot the victim while theLaura victim Whether Apolice is single or married, the charge of for-all brawl or tumultuous affray. A and (Garcia-Rueda vs Amor, et al., G.R. No. 116938, there was taking with intent to gain, of town, resulting from her sunbathing, ismobile not B the assault on Mamerto. and his men who were operating their sheriff commit? (3%) b) Was there any crime vehicle or make reparation if not possible. Death under Exceptional Circumstances (2001) SUGGESTED ANSWER: RPC. He is accountable for the firearms they the under sequestered exceptional building circumstances and its is still contents, but nonetheless he sold it for P2,000. in good faith that a him prisoner a What tenthat he can no longer be suspended as he is was turning his back to as him. He aimed at and September 20, 2001) The crime of qualified trespass toexecutives, dwelling immorality against a serving government are liable only for respective act personal property ofa another without the directly imputed totheir the business rice thresher along feeder road in Napnud. committed by Estrada and her lawyer and if a) The sheriff committed the crime of Direct A and B are husband and wife. A is employed issued to him in his official capacity. The Malversation; Technical Malversation (1996) criminally liable. However, this is merely an including various vehicles used in the firm's crime or crimes did King, Doming and Jose day sentence in the municipal jail, would not no longer an employee of the PNB but that of hit the victim only on the leg. The victim, Obstruction of Justice under PD 4.] employee could proceed or prosper. In other should not besuch complexed with frustrated consent of the latter. and besides topic is not to A heated argument ensued. Aintended barangay so, what crime? (2%) Jules must pay the amount he gained from Bribery under the second paragraph of Article as a security guard at Landmark, his shift SUGGESTED ANSWER: failure of Randy to submit the firearms upon Elizabeth is the municipal treasurer of exempting circumstance when the operations. After a few months, anvictim inventory commit? Discuss their criminal liabilities. escape, allowed said prisoner to sleep at the PDIC. Explain whether heone may or may not however, died because of loss of blood. homicide words, A's civil status is not a defense toCan the 1829; defame or... put Piafetched to ridicule. captain who was by of Pascual's the sale ofANSWER: the car which isdiscovered P20,000.00. Patrick SUGGESTED committed the crime of obstruction 210, Revised Penal Code, since P2,000 p.m. to 7:00 a.m. One night, hethe felt sick being from 11:00 demand created the presumption that he and Masinloc, Zambales. On January 10, 1994, Perjury (1996) suffers any other kind of physical injury. In the was conducted and it was that Dante committed frustrated homicide for the [10%] latter's house because the municipal Jail was be suspended. (2.5%) the accused be liable for homicide or murder, charge of immorality, hence, not a materialtwo men tried to appease Pascual and Renato to of justice although the feigner penalty was cold, received hence, he by decided him "in to go home around SUGGESTED ANSWER: converted them for his own use. Even if there she received, municipal from case at that bar, could Pete will suffer the penalty of (2) delivery vans were missing. After demand stabbing Jayasbecause he treasurer, had already so congested andtreachery there was no clearly bed space considering that was matter influence charge. prevent aof violent confrontation. However, imposable on direct bribery midnight after getting is noDepartment direct evidence ofof misappropriation, his the ofacts Public was destierro made for upon the death them, of Benjie. Reyes and Santos performed all the available. Accordingly, the prisoner went involved Pascual resented the intervention of the failure to failed to tosleep giveevery any night satisfactory explanation home barangay captain and hacked him to death. why the vans were missing or to turn them What crime was committed by Pascual? over to the PCGG; hence, they were charged Discuss fully. with Malversation of Public Property. During the trial, the two


Jose and and B bought Serious pancit Physicaland Injuries mixed through it with RecklessA Imprudence poison. gave the food with with respect poison toto the C, but grandson. before C Are could theeat charges it. D,correct? her illegitimate Explain. SUGGESTED C. D and E ANSWER: shared the food inson, the arrived. presence (5%) father, and E, her legitimate Yes, the charges are correct. For deliberately of A who merely watched them eating. C, D running over Mang Jose's prostrate bodyof and E died because of having partaken after having bumped him and his grandson, the poisoned food. What crime or crimes did SUGGESTED ANSWER:committed Murder, the driver indeed A and B commit? A committed the crimeSaid of multiple qualified by treachery. driver's parricide for the killing of C, husband, deliberate intent toher kill lawful Mang Jose was D, her illegitimate father, and E, her legitimate son. demonstrated by his running over the latter's All these killings constitute body twice, by backing up theparricide van and under Article 246 of the Revised Penalwas Code driving it forward, whereas the victim As to the serious physical injuries sustained because of her relationship with the victims. helpless and not in a position to defend B committed the crime of murder as by Mang Jose's 10-year old grandson, asaacohimself or to retaliate. conspirator of Abeen in the C because result of having hit killing by the of speeding the killing was carried out by means vehicle of said driver, the same were the of poison 248. par. 3, which Revised result of (Art. reckless imprudence is Penal Code). But as forafeloniously causing the death punishable quasi-offense in Article 365 of the D Revised and E, Penal B committed two counts Code. The charge of of homicide. The plan was only to kill C. Reckless Imprudence Resulting to Serious Rape (1995) Physical Injuries is correct. The penalty next Gavino his for refusing to higher inboxed degree towife whatAlma ordinarily should be sleep with him. He then violently threw imposed is called for, since the driver did her not Murder; Treachery (1995) on the floor and forced her to have sexual lend help on the spot, which help he could On hisgiven way to buy victims. ahim. lotto As ticket, policeman intercourse a a result Alma have towith the (a) Can Gavino be charged with suddenly found himself surrounded by four suffered serious physical injuries. (b) Can Gavino be charged serious rape? Explain. men. One of them wrestledwith the police officer physical injuries? to the ground andExplain disarmed him while the (c) Willthree yourcompanions answers to (a) and (b) armed be the other who were same before the incident and with aifhunting knife, an ice Gavino pick, and a Alma were legally separated? Explain. balisong, repeatedly stabbed him. The policeman died as a result of the multiple SUGGESTED ANSWER: stab wounds inflicted by his assailants. What All the assailants are liable for the crime of crime or crimes were committed? Discuss murder, qualified by treachery, (which fully. absorbed abuse of superior strength) as the attack was sudden and unexpected and the victim was totally defenseless. Conspiracy is obvious from the concerted acts of the assailants. Direct assault would not complex the crime, as there is no showing that the assailants knew that the victim was a policeman; even if there was knowledge, the fact is that he was not in the performance of Murder; Use ofduties, Illegal Firearms (2004) his official and therefore there is no PH killed OJ, his political rival in the election direct assault. campaign for Mayor of their town. The SUGGESTED ANSWER: Information against PH alleged that he used (b) The elements of murder are: (1) that a an unlicensed firearm in the killing of the person was unlawfully killed; (2) that such a victim, and this was proved beyond killing was attended by any of the abovereasonable doubt by the prosecution. The mentioned circumstances; (3) that the killing trial court convicted PH of two crimes: is not parricide nor infanticide; and (4) that SUGGESTED ANSWER: murder and illegal possession of firearms. Is the accused killed the victim. No, the conviction of PH for two crimes, the conviction correct? Reason briefly. (5%) Murder; Evident Premeditation (1996) murder and illegal possession of firearm is Fidel and Fred a long standing not correct. Underharbored the new law on illegal grudge against Jorge who refused to marry possession of firearms and explosives, Rep. their the be latter got Act No.sister 8294, Lorna, a personafter may only pregnant by Jorge. After weeks of criminally liable for illegal possession of surveillance, they crime finallyis cornered Jorge in firearm if no other committed Ermita, Manila, when the was therewith; if a homicide or latter murder is walking home late at night. Fidel and Fred

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committed forcibly brought with the Jorge use toof Zambales an unlicensed where they keptsuch firearm, himuse hog-tied shall be in aconsidered small nipaas house an located in the aggravating circumstance. middle of a rice field. Two PH therefore may onlyJorge be convicted of his days later, they killed and dumped murder and useWhat of an crime unlicensed firearm body into thethe river. or crimes did in its commission may only be appreciated Fidel and Fred commit? Explain. SUGGESTED ANSWER: as a special aggravating circumstance, Fidel and Fred committed the crime of Murder provided that such use is alleged specifically under Art 248, RPC, the killing being qualified in the information for Murder. by evident Parricide (1999)premeditation. This is due to the long standing grudge entertained by the two Who may be guilty of the crime of parricide? SUGGESTED ANSWER: accused occasioned by the victim's refusal to (3%) Any person who kills hisimpregnating father, mother, marry their sister after her.or In People vs. legitimate Alfeche. 219 SCRA 85,orthe child, whether or illegitimate, intention of theoraccused is determinative his ascendants descendants, or spouse, of the crime committed. Where the intention shall be guilty of parricide. (Art. 246, RPC) is to kill the victim and the latter is forcibly Parricide (1999) taken to another place and later killed, it is In 1975, Pedro, a resident of Manila, murder. There then is no indication that the abandoned his wife and their son, Ricky, who offenders intended to deprive the victim of was only three years if old.the Twenty yearsis his then liberty. Whereas, victim later, an affray place a bar insitus and kidnapped, andtook taken to in another Olongapo between Pedroitand killed as City an afterthought, is his kidnapping Murder; Homicide; Infanticide; Parricide (1999) companions, on one hand, and Ricky with homicide under Art. 267, RPC. and his A killed: upon (1) a the woman with whomthe he father lived friends, other, without without ofeach clergy, (2) their who and son benefit knowing other. Rickychild stabbed was only two days old, (3) their daughter, and killed Pedro in the fight, only to find out, and (4) later, their adopted What crime from or a week when hisson. mother arrived SUGGESTED ANSWER: crimes did A commit? (3%) Manila to visitthe him in jail, that the man whom A committed following crimes: he killed was his own father. 1) What crime HOMICIDE or murder as the case may 1.] did Ricky commit? Explain. 2) Suppose Ricky be, for the killing of his common-law wife knew before the killing that Pedro is his who is not legally considered a "spouse" father, butANSWER: he nevertheless killed him out of SUGGESTED INFANTICIDE for the killing of the child 2.] bitterness for havingparricide abandoned him and his 1) Ricky committed because theold. as said child is less than three (3) days mother, whatwas crime did Ricky commit? person killed own father, and the law (Art. 255, RPC)hisHowever, the penalty Explain. punishing the crime (Art. 246, RPC) does not corresponding to parricide shall be imposed require the crime "knowingly" since Athat is related tobethe child within the committed. Should Ricky be prosecuted 3.] forcrime the of killing of and their degree PARRICIDE defined in the parricide. found guilty of parricide, the penalty to be daughter, whether legitimate or illegitimate, imposed is she Art. is 49not of the Penal as long as lessRevised than three (3)Code days for Homicide (the crime he intended to old at the time of the killing. ALTERNATIVE ANSWER: commit) but in its for maximum period. of their MURDER the killing 4.] Ricky should be held criminally liable only for adopted son as the relationship between A homicide not parricide because the and the said son must be by blood relationship which qualified the killingintoorder for parricide to arise.absent for a period of parricide is virtually Murder; Reckles Imprudence (2001)

twenty years already, such that Ricky could Mang Jose, a septuagenarian, was walking not possibly be aware that his adversary was with his ten-year old grandson along Paseo his father. In other words, the moral basis for de Roxas and decided to cross at the imposing the higher penalty for parricide is intersection of Makati Avenue but both were SUGGESTED ANSWER: absent. hit The by acrime speeding CRV Honda and were 2) committed shouldvan be parricide sent sprawling on the killing pavement a meter if Ricky knew before that Pedro is apart. The because driver, a the Chinese his father, moralmestizo, basis forstopped his car after hitting the two victims but then punishing the crime already exists. His reversed his gears ran over having acted out of and bitterness for Mang havingJose's prostrate body by anew and third time by been abandoned his father may be Parricide; Multiple Homicide (1997) advancing hisParricide; car forward. The grandson considered mitigating. A, a young housewife, and B, hersurvived paramour, suffered broken legs only and but conspired kill C. hermultiple husband,fractures to whom and Mang Josetosuffered she wasribs, lawfully married, broken causing his A instant death. The driver was arrested and charged with Murder for the death of Mang

SUGGESTED ANSWER:

(a) No. A husband cannot be charged with the rape of his wife because of the matrimonial consent which she gave when she assumed the marriage relation, and the law will not permit her to retract in order to charge her husband with the offense (Sate vs. Haines, 11 La. Ann. 731 So. 372; 441 RA 837).

(b) Yes, he may be guilty of serious physical injuries. This offense is specially mentioned in Art. 263 [4], paragraph 2 which imposes a higher penalty for the crime of physical injuries in cases where the offense shall have been committed against any of the persons enumerated in Art 246 (the crime of (c) No, my answer will not be the same. If parricide). Gavino, and Alma were legally separated at the time of the incident, then Gavino could be held liable for rape.


Yes. complaint By express was filed provision by theofoffended Article 266-C partyof or the parents Revised in Penal the Fiscal's Code, asOffice. amended, the subsequent valid marriage between the Rape; Statutory Mentalparty Retardate Victim (1996) offender andRape; offended shall extinguish The complainant, eighteen-year the criminal action oran the penalty imposed,old mental retardate with an intellectual although rape has been reclassified from a capacity between thetoages nine and crime against chastity, that ofofa crime Rape; Consented Abduction (2002) during the trial twelve years, when asked against persons. A withshe lewd designs, 13-year girlthe how felt when took she a was rapedoldby to a nipa hut in his farm and there had accused, replied "Masarap, it gave me much With claim of the accused thatnot the sexualthe intercourse with her. The girl did pleasure." complainant consented for she a was fee to the offer any resistance because sexual intercourse, and who withwas thegoodforegoing infatuated with the man, answer of the complainant, would you looking and belonged to a rich and SUGGESTED ANSWER: convict thefamily accused of town. rape ifWhat you crime, were the prominent in the if A committed the crime of consented SUGGESTED ANSWER: judge trying the case? Explain. any, was committed by A? Why? (2%) Yes, I would convict of rape. abduction under Articlethe 343accused of the Revised Since victim is a mental retardate with an Penal the Code, as amended. The said Article intellectual of of a achild less than punishes thecapacity abduction virgin over 12 12 years old, she is legally incapable and under 18 years of age, carried of outgiving with a valid consent to with the sexual Intercourse. The her consent and lewd designs. Although sexual intercourse is tantamount to the problem did not indicate the victim to bea statutory rapeshould because the level in of virgin, virginity not be understood intelligence is that as of to a child lessathan twelve its material sense, exclude virtuous years the victim is a womanofofage. goodWhere reputation, since of therape essence mental retardate, violence of the crime is not the injuryor toIntimidation the woman is ALTERNATIVE ANSWER: not essential to constitute rape. (People but the outrage and alarm to her A committed "Child Abuse" under family Rep. Act us. Trimor, G,R. 106541-42, 31law, Mar 95) As a (Valdepenas vs.defined People,16 SCRA 871 [1966]). No. 7610. As in said "child matter of fact, RA No. 7659, the Heinous abuse" includes sexual abuse or any act Crimes against Personal Crimes Law, amended 335,Liberty RPC, which debases, degrades Art. or demeans the by adding the phrase is demented." and Security intrinsic worth and"or dignity of a child as a

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Rape; Victim (2002) shall Male bethe imposed service on ofthe theoffender. notice of Serious such order

A, a male, takesprisoner B, another male, to in a rape; motel physical toinjuries said cannot be orabsorbed the proceedings and threat and it canthere, be upon so through ifany the petition injury isfor slight. theintimidation, liberation of succeeds in inserting his penis into the Penal anus such person (Art. 126, Revised Rape; of Intimidation (1995) liability? of B.Absence What, if Force any,& is A’s criminal Code). SUGGESTED ANSWER: Three conducting routine grounds for 2. What are the legal Why? policemen A shall be criminally liable rape by SUGGESTED ANSWER: surveillance (2.5%) of a cogonal area infor Antipole detention? The commission crime, violent committing anRuben, act of sexual assault against chanced upon aa15-year oldortricycle insanity or any other ailment requiring the B, by inserting his penis into the anus of the driver, on top of Rowena who was known to compulsory confinement thenaked patient in a latter. be a child prostitute. Both of were from Even a man may be a victim of rape by hospital shall be considered legal grounds for the waist down and appeared to be enjoying sexual assault under par. 2 ofarrested Article 266-A the detention of any person (Art. 124[2], the sexual activity. Ruben was by of the Revised Penal Code, as amended, Revised Penal Code). the policemen despite his protestations that "when the ispeace inserted 3. When isoffender's an arrest by asex Rowena enticed him topenis have with officer herinto in his mouth or anal orifice." or by a private person considered advance celebration of her twelfth birthday. Rape; Multiple Rapes; Forcible (2000) is 1. When the arrest by aAbduction peace officer lawful? (5%) The townExplain. physician found no semen nor any made pursuant to a valid warrant. Flordeluna boarded a taxi on her way home bleeding on Rowena's but for a may, healed 2. Quezon A peace officer or ahymen private person to City which was driven by Roger, scar. Her hymenal opening easily admitted without a warrant, person: SUGGESTED ANSWER: Flordeluna noticedarrest that aRoger was always two fingers showing thateven no external force Ruben ishis liable rape, if force placing carfor freshener in front oforthe car had been employed on her. Is Ruben liableof intimidation is not present. The bother gravamen aircon ventilation but did not asking for any offense? Discuss fully. Answer; the offense is the carnal knowledge of a Roger why. Suddenly, Flordeluna felt dizzy woman belowunconscious. twelve yearsInstead of age (People vs. and became of bringing since the law doesn't Dela Cruz, 56 SCRA 84) her to Quezon City, Roger brought Flordeluna consider the consent voluntary and she was to his house in Cavite where presumes that a girl below twelve old detained for two (2) weeks. She years was raped does not and cannot have a will of her own. for the entire duration of her detention. May SUGGESTED ANSWER: In People held Perez, CA 37convicted OG 1762 , it Roger beus. charged ofwas the crime No, Roger may notand be charged and convicted that sexual intercourse with a prostitute of rape serious illegalwith detention? of the with crime of rape seriousExplain. illegal Similarly, the years absence does below twelve oldof is spermatozoa rape. (5%) detention. may be charged and not disproveRoger the consummation as the convicted of multiple rapes. Each rape is important consideration is not the emission a human being, whose age is below eighteen distinct offense and should punished but the penetration of the femalebe body by Rape; Effect; Affidavit of Desistance (1993) Arbitrary Detention; Elements; Grounds (2006) (18) years. separately. Evidently, his principal intention the male organ (People vs. Jose 37 SCRA 450; ALTERNATIVE ANSWER: 1 What Ariel intimidated Rachel, mental 1. are the 3 ways of acommitting was tovs. abuse Flordeluna; the detention was People Carandang. 52 SCRA 259). No, Roger may not berape. charged and convicted retardate, with a bolo into having sexual Rape; Anti-Rape Law ofthe 1997 (2002) arbitrary detention? Explain each. only incidental to of the crime with serious illegal SUGGESTED IntercourseANSWER: with him. Rachel's mother What other actsof arerape considered rape under (2.5.%) The 3 ways filed of arbitrary detention detention, since theofdetention was incurred immediately a complaint, supported by her the Anti-Rape Law 1997, amending the in a) Arbitrary detention by detaining a are: raping victim during SUGGESTED ANSWER: sworn statement, before the City Prosecutor's Revisedthe Penal Code? (3%) the days she was person without legal ground committed The other acts considered under the for held. At most, Roger mayrape be prosecuted Office. After the necessary preliminary by any public officer or was employee who, forcible for are: taking Flordeluna to Anti-Rapeabduction Law of 1997 carnal 1.] having investigation, an information signed by the without legal grounds, detains a person Cavite against the latter's will and with lewd knowledge of a woman by a man by prosecutor but did not contain the signature of b) nor Delay the delivery of 344 detained (Art. 124, Penal Code). meansThe of fraudulent machination or grave designs. forcible abduction should be abuse Rachel of Revised her in mother. Citing Art. of the persons to the proper judicial authorities of complexed with one of the multiple rapes RPC (prosecution of the crimes of rape, etc.), Ariel authority, 2.] having carnal knowledge of a which committed bythe a public and the demented woman by aother rapes should be moves for is the dismissal of case. officer Resolveorwith committed, employee who shall detain any person for man even if none of the circumstances prosecuted and punished separately, in required as reasons. Rape; Proper Party (1993) some legal ground and shall fail to deliver in many rapes were charged and proved. 3.] rape be present; and committing an act 2 After the prosecution had rested its case, Ariel intimidated Rachel, a mental retardate, person to the proper judicial of sexual assault by inserting a Arielsuch presented a sworn affidavit of desistance withperson's a bolo penis into into having authorities within the period of: twelve the sexual victim'sIntercourse mouth or anal executed by Rachel and her mother stating that with him. Rachel's mother immediately (12) hours, for crimes or offense orifice, or by inserting any instrumentfiled or object, they are no longer interested in prosecuting the a into complaint, supported by her sworn punishable by light penalties, or their the genital or anal orifice of another case andseparation that they have Ariel. A legal is apardoned separation of What the statement, equivalent; eighteen hours (18), foron person. before the City Prosecutor's effect would this affidavit of desistance have spouses from bed and board (U.S. vs. Office. AfterLawthe preliminary crimes and or civil offenses punishable by Rape; Anti-Rape of 1997necessary (2002) the aspects of theRFC, case? Explain 853.criminal 1981 edition), Johnson, 27 Phil. 477, cited in II Reyes, p. investigation, was signed correctional facilities, or their equivalent; The Anti-Rape an Lawinformation of 1997 reclassified rapeby fully. SUGGESTED ANSWER: the prosecutor but did not contain the andcase thirty-six (36) be hours for crimes or from a crime against honor, a private 1) The should dismissed. ... 2) In the of rape,not any crime from c) crime Delaying release is resulting committed by signature Rachel nor of against her mother. Citing offenses punishable by will afflictive or capital offense, toofthat of a crime persons. The affidavit desistance only amount the any infliction of physical injuries suffered by publicof officer or employee who delays Art. 344 of the RPC (prosecution of the penalties, or their equivalent (Art. Will the subsequent marriage of the offender SUGGESTED ANSWER: to condonation of civil liability but not125, thethe victim on thefor occasion of the rape, is the release the period of time crimes of rape, etc.), extinguish Ariel moves the Revised Penal Code). and the offended the for The case should party not be dismissed. This is criminal liability the case still absorbed by therein thehence crime ofperformance rape.should The injuries specified the of any SUGGESTED ANSWER: dismissal of theor case. Resolve imposed? with reasons. criminal by action the penalty allowed law (People us. Ilarde, 125 SCRA 11). proceed. suffered victim order may, for however, be judicialbyor the executive the release Explain. (2%)that a It is enough considered in determining thedelays proper penalty of the prisoner, or unduly which


Graveand Coercion vs. Maltreatment of1) Prisoner (1999) Job Trespass lesson Nonoy to dwelling in Christian committed is not humility" applicable kidnapping does to any not and Forcibly brought the another's police serious person constitute who illegal shall detention a to crime. enter withheadquarters, homicide dwellingand fora Alternative Answer: person and maltreated by and rape the purpose forwas thetortured of: subsequent a) Preventing death some of Dang, serious a) Andy and to Jimmy committed agents ofhimself, the law in occupants, order compel him to 2) harm kidnapping toJaime, with its rape against or aher third sister, kidnapping with ransom. After kidnapping confess a victims, crime to service him. The Lyn. person; Theand b) imputed Rendering who were kidnapped to agents and Luke, they demanded ransom with the threat failed, however, tosubsequently draw from himraped a detained, humanity orwere justice; and of killing However, the killing oftoof Luke is Any person who shall enter cafes, taverns, confession which was their intention obtain killed (as him. regards Dang) in the course their separate from the kidnapping having inns, andthe other public houses, while the been through employment of such means. detention. The composite crime is committed committed by other who had same are open will likewise not be liable (Art. What crime committed by the agents of regardless ofwas whether thepersons, subsequent crimes SUGGESTED ANSWER: nothing to do with the kidnapping, and who 280, Revised Penal Code). the law?purposely Explain your answer.or(3%) were sought merely an ALTERNATIVE ANSWER: Evidently, the Rule person tortured and Tresspass of Absorption (1994) will be to Dwelling; liable for different crime afterthought (People v. aLarranaga, G.R.of Nos. Job and Nonoy committed 2 counts the b) Emil and Louie who smashed the maltreated bypar. the agents of Dante the law is a At about 11:00 in the evening, forced (Penultimate of2004). Art. 267, Revised Penal 138874-5, Februarys, complex crime of forcible abduction with rape head of the victim and buried the latter in suspect and may have been detained by his way inside the house of Mamerto. Jay. Code). (Art. 342, Revised Penal Code) and the the sand committed murder qualified by them. If so son, and he had already been booked Mamerto's saw Dante and accosted him, separate offense of crime murder treachery or of stabbed superior strength. and put in jail, the is against maltreatment of Dante pulled a abuse knife and JayDang. on hisThe crime committed is abduction because there They are and not liable forthat kidnapping because prisoner the fact the suspect was abdomen. Mamerto heard the commotion was lewd design when they took the victims they did not conspire, nor are they aware subjected to torture to extort a confession and went out of his room. Dante, who was of away and subsequently raped them. The the intention toabout detain whompenalty. they would bring aLuke higher In about to escape, assaulted Mamerto. Jaywere c) Mario has no liability since he was not killing thereafter, constitutes the separate informed was hiding from the NBI (Art. 248, addition to the offender's liability for the suffered Injuries which, were it not for the But if the suspect was forcibly brought to the aware of the criminal intent and design of offense of murder qualified by treachery. Revised Penal Code). physical injuries inflicted. timely medical attendance, would have 2. What penalties should be imposed on police headquarters to make himofadmit the Jaime, Andy and Jimmy. His act bringing caused his death. Mamerto sustained Injuries them? (2.5%) crime and tortured/ him Luke to SUGGESTED Navotas ANSWER: formaltreated "a lesson to in make Christian that incapacitated him for 25 days. What SUGGESTED ANSWER:qualified Dante committed trespass confess to such crime, but later toreleased humility" does not constitute a crime. crime or crimes did Dante commit? Since the death penalty has already been dwelling, frustrated homicide stabbing because the agents failed for tothe draw such prohibited, reclusion perpetua is the Kidnapping w/ Homicide (2005) of Jay, and less serious physical injuries for confession, the crime is grave coercion appropriate penalty (RA. 9346). Into the case Paz assault Masipag worked asemployed a housemaid and the Mamerto. because of on the violence compel of the minor Nonoy, his penalty shall be one The crime of qualified trespass to dwelling yaya of the one-week old son of the spouses such confession without the offended party degree lower (Art. 68, Revised Penal Code). should not be complexed frustrated Martinconfined and Pops Kuripot. When Paz learned being in jail. (US with vs. Cusi, 10 Phil 143) 3. Will Nonoy's minority exculpate him? It isher noted that when the offended party homicide because the trespass is was that 70 year-old mother was seriously ill, SUGGESTED ANSWER: (2.5%) merely "brought" to the police headquarters committed a means commit a more and she asked Martin for toa cash advance of Under RA. as 9344, the Juvenile Justice and is thus not a detention prisoner. Had he serious offense, trespass to dwelling is P1,000.00 but Martin refused. One morning, Reform Act, which retroacts to the date that been validly the arrested, the crime absorbed greater crime, andcommitted the Paz mouth of Martin’s son the gagged crimebywas committed, Nonoy willwith be would be maltreatment of prisoners. former constitutes an aggravating stockings; placed the child in a box; sealed it exculpated ifvs. he was 15 years old orfor below. Illegal Detention Grave Coercion (1999) Dante committed frustrated homicide the circumstance of dwelling (People vs.box Abedoza, with masking tape and placed the in the However, he was above 15 years Distinguish coercion from illegal detention. stabbing ofifJay.... Dante is guilty ofdemanded lessold but 53 Phil.788). attic. Later in the afternoon, she below 18 years of age, he will be liable if he SUGGESTED ANSWER: (3%) serious physical injuries forthe the release wounds P5,000.00 as ransom for of his Coercion acted with may discernment. bedays, distinguished Asdiscovered the from problem illegal After a couple of Martin the sustained by Mamerto... son. Martin did acted not pay thetheransom. shows that Nonoy with he detention follows: in of Unjust vs Acts of Lasciviousness (1994)basis box inVexation theas attic with hiscoercion, childdiscernment, already dead. Subsequently, Paz disappeared. will beisentitled to a suspension of sentence. criminal liability is the and employment When embracing, kissing touching a of According to the autopsy report, the child (NOTABENE: R.A. 9344 is outside the coverage of violence or serious intimidation approximating girl's considered only unjust vexation died breast ofIs asphyxiation barely three minutes 4. the non-recovery of Lyn's body the examination) violence, authority law, to prevent instead ofwithout acts of lasciviousness? after the boxthe was sealed. ofliability What crime or material to criminal of Job a person from doing something not prohibited SUGGESTED ANSWER: crimes did Paz commit? Explain. (5%) SUGGESTED ANSWER: and Nonoy? Paz committed theof composite crime of The acts of embracing, kissing a woman by law or to(2.5%) compel him do something The non-recovery Lyn'sto of body is not kidnapping with homicide under Art. 267, arising either out of passion or other motive against his be right wrong; material to will, the whether criminal it liability of or Job and RFC as amended by R.A. No. 7659. Under the and the touching of her breast as a mere while in Illegal detention, the basis of liability Nonoy, because the corpus delicti of the law, any person who shall detain another incident of the embrace without lewd design is the which actualis restraint or with locking ofora crime kidnapping rapeup of Lyn in any manner deprive himvexation of liberty and the constitutes merely unjust (People ALTERNATIVE ANSWER: person, thereby depriving him of his liberty has been duly proven. The non-recovery of Lyn's body is not victim dies as a consequence is liable for vs, Ignacio. CA GRNo. 5119-R, September 30, without authority of law. If there was no intent material to liability of shall Job party and where the kissing, 1950). kidnapping with homicide and be to lockHowever, up the or criminal detain the offended Kidnapping (2002) Nonoy, because the corpus delicti of the embracing and themaximum touching of the breastisof penalized penalty. unlawfully,with the the crime of illegal detention not A and B were legally separated. Their child In this case, notwithstanding the fact that the crime which is forcible abduction with rape a woman are done with lewd design, the committed. C, a minor, was placed in the custody A one-week old child was merely kept (People inofthe of Lyn has been duly proven. same constitute acts of lasciviousness the mother, subject to monthly visitations by attic of his house, gagged with stockings and Kidnapping; Proposal to Kidnap (1996) Crimes Against Property vs. Percival Gilo, 10 SCRA 753). B, his father. onehis occasion, when B hadthe C placed in induced aOnbox sealed with tape, Edgardo friend Vicente, in in his company, B decided not to return C to deprivation of liberty and the intention to kill consideration money, Arson; Destructiveof Arson (1994)to kidnap a girl he is his mother. Instead, Bmay took C with him to the becomes apparent. Though it may appear courting so that he succeed to raping Tata owns a three-storey building located at United States where he intended for them to that the eventually means employed byShe Paz was her 3and making her accede to No. Herran Street. Paco, Manila. wanted SUGGESTED ANSWER: reside permanently. What crime, if any, did attended by treachery (killing of an infant), marry him. Vicente asked for more money to had no money B construct committeda new the building crime ofbut kidnapping and B commit? Why? (5%) to charge nevertheless, a failed separate murder which Edgardo put up.of Angered to finance the construction. So, she insured failure to return a minor under Article 271, in will not be proper in the amendment. because Edgardo didview not of put up the money the building for P3,000,000.00. She then relation to Article Here, the term "homicide" is used toin the its he required, he Yongsi, reported urged Yoboy and for Edgardo generic sense and covers all forms of killing police. whether in the nature of murder or

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monetary 270, otherwise. May of Edgardo theconsideration, Revised It is be ofcharged Penal no toCode, moment bum with as herattempted amended. that building the Article evidence kidnapping? so she 271 could shows expressly Explain. collect thethe death penalizes insurance of the anyproceeds. child parent took SUGGESTED ANSWER: Yoboy who shall place three andtake Yongsi minutes from burned and afterdeliberately the box saidwas building fail sealed to No, Edgardo may not be charged with restore resulting toor itsher total minor loss. Whattocrime the did or and the his demand for the child ransom tookparent place in attempted kidnapping inasmuch as no overt SUGGESTED ANSWER: Tata, guardian the afternoon. Yoboy to whom and The Yongsi custody intention commit? of the is minor controlling has Tata, Yoboy and Yongsi committed the crime act ALTERNATIVE toplaced. kidnap ANSWER: or restrain the liberty the girl been Since the custody of C,of the here, that is, ransom was demanded. Murder qualified by treachery because the of destructive arson because they collectively had been commenced. At most, what minor, has been given to the mother and B victim was only one old. The caused the destruction of byoffense means Edgardo has done inweek theproperty premises was has only the right of monthly visitation, the a was attended with the aggravating of fire under the circumstances which proposal toofVicente kidnap the girl, which latter's act taking to C to the United Slates, circumstance of lackthe of respect due exposed to danger life ornot property of is only a there preparatory act and antoovert to reside permanently, constitutes athe age of the victim, cruelty and abuse of Kidnapping (2006) (Art, 320, par. 5, RPC. as amended by RA others act. Theof said attempt to commit violation provisions of law. a felony confidence. People (G.R. in No, L-49430, Jaime, Andy In and Jimmy, laborers the No. 7659). commences with thev. Lora commission of overt Arson; Destructive Arson (2000) the Court found that a child March 30, 1982), noodles of Luke Tan, agreedtotocommit kill act, not factory preparatory act. Proposal One early evening, there was a fight Kidnapping; Serious Illegal Detention (1997) subjected treatment as the infant him due toto his arrogance and miserliness. kidnapping is similar not a crime. between Eddie Gutierrez and Mario Cortez. A B conspiring with eachinstantly, other, in this case would have died Oneand afternoon, they seized him and loaded Later that evening, at about 11 o'clock, Eddie kidnapped C and detained him. The duo then negating anydriven intent by to kidnap or detain when him in a taxi Mario. They told Mario passed by the house of Mario carrying a called up C's wife informing herransom that they ransom was sought. Demand for did they will only teach Luke a lesson in Christian plastic bag containing gasoline, threw the had her husband and would release him only not convert thedrove offense intotokidnapping humility. Mario them a fishpond with in bag at the house of Mario who was inside if she paid a ransom in the amount of murder thewas demand was to merely a Navotas because where Luke entrusted Emilthe Kidnapping; Effects; Voluntary Release (2004) i. When, in his presence, the house watching television, and then lit it. The P10,000,000 and that, if she were to fail, scheme by the offender (Paz) to conceal the and Louie, the fishpond caretakers, asking DAN, would a private individual, kidnapped CHU, a person to be arrested has committed, front wall ofvictim. the house blazing and they kill him. Thestarted next day, C, who body her them of to hide Luke in their shack because he minor. On the second day, DAN released isneighbors actually committing, or is attempting some shouted. had just recovered from anand illness had was running from theyelled NBI. The trio then left a CHU even before any criminal information toFearing commit an might offense, Forthwith, Mario poured water on the burning relapse. he die if not treated in Mario's car for Manila where they called up ii.ofby When offense has incase, fact wasonce filed against him.an At the trial of hisrushed portion the house. Neighbors also at a doctor, A and B released C Luke's family and threatened them to he kill Charged just with been kidnapping committed, and serious and illegal has DAN raised the defense that he did notday incur in to help put the fire under control before during the early morning of the third of Luke unless they give a ransom within 24 detention provided Article 267, RPC, Afacts and personal knowledge of the any criminal liabilityin since hebe released great damage could inflicted and detention. hours. Unknown to that them, because of a to leak, SUGGESTED ANSWER: B filed a petition for bail. They contended indicating the person be child before the lapse of the 3-day period before the flames have extensively spread. the Eddie kidnapping is liable was for destructive announced over arson the in the iii. When the person to be arrested that since theyhas had voluntarily released C committed it, and and before criminal proceedings for Only aarrested portion of the house was radio consummated and TV. Emil stage. and ItLouie is destructive heard theburned. arson SUGGESTED ANSWER: is a prisoner who has escaped from within three days from commencement of kidnapping wereliability, instituted. Will DAN's Discuss Eddie's (3%) broadcast because fire and was panicked, resorted especially to in destroying when the No. DAN's defense will not prosper. Voluntary penal establishment or been place where he the detention, without having paid any defense prosper? Reason briefly. (5%) announcer the house stated of Mario that which there is is a an shoot-to-kill inhabited release by the offender of the offended party is serving final judgment or temporarily amount of the ransom demanded and before order house for the or kidnappers. Theand arson Louie took isor in isdwelling. not Besides, such confined while hisEmil case isproceedings pending, thekidnapping institution ofabsolutory. criminal Luke consummated to the seashore because of the Dagat-dagatan house was in fact release is irrelevant and immaterial in this escaped while being transferred againsthas them, the crime committed was only where already they burned smashed although his head not with totally. ainshovel In case because the victim being minor, the After hearing, the trial court found the from one confinement to aanother (Sec. slight illegal detention prescribed Article and arson, it not him required in113,1985 the sand. thatRules However, the be crime committed isbekidnapping and serious evidence guilt to strong andpremises therefore 5,isofRule on they Criminal 268,buried RPC. were seen totally burned by a barangay for the kagawad crime who to be illegal detention under Art. 267, Revised denied the petition for bail. On appeal, the Procedure). Arson; New Arson Law (2004) arrested consummated. them It brought is enough them tothat the does the Penal Code, to and which such circumstance ALTERNATIVE ANSWER: only issue was: Was the crime committed CD is the stepfather of FEL. One day, CD got Grave Coercion (1998) a) Jaime, Andy and Jimmy committed police premises station. suffer Upon destruction interrogation, by burning. they not apply. The circumstance may kidnapping and serious detention or slight be very mad at FEL for failing in his his college SUGGESTED Isagani lostANSWER: his gold necklace kidnapping with homicide. Thebearing original confessed and pointed to Jaime, Andy, Jimmy appreciated only in the crime of Slight Illegal Illegal detention? Decide. courses. In his fury, CD got the leather The crime committed by A and B 10 is initials. He saw Roy wearing the said intention was to demand ransom from the and Mario as those responsible for the Detention in Art. 268 (Asistio v. San Diego, Kidnapping; Illegal Detention; Minority (2006) suitcase of FEL and burned itarrested together with kidnapping and serious illegal necklace. Isagani asked to return to him family with the threat of killing. As adetention kidnapping. Later, the 4 Roy were and SCRA 673 [1964]) Dang 1. What was crime a beauty was committed queen in a university. all its contents. because they made a demand for ransom the necklace as it belongs to him, but consequence ofcrime the kidnapping, however, charged. What or crimes did theRoy 6 2. Isthreatened CD criminally liable? Explain Job, by CD? awas rich classmate, was so latter's enamored with and to kill C if the wife did refused. Isagani then drew his gun and told Luke killed. Thus, the victim was suspects commit? (5%) briefly. (5%) her that he persistently wooed and pursued not the same. Without the demand Roy,pay "If you will not give backthe thesubsequent necklacefor deprived of his freedom and her. Dang, being in love with another man, ransom, the crime could have been slight to me, Ithough will killcommitted you!" Out of for his life killing, byfear another person, The contention of A and B that they had rejected him. This angered Job, Sometime illegal detention only. and against his will, Roy gave the necklace was a consequence of the detention. Hence,in voluntary released C within three days from SUGGESTED ANSWER: September 2003, while Dang and her sister to Isagani, What offense Isagani commit? this properly qualified thedid crime as the Isagani committed the crime ofand grave the commencement of the detention is (People v. Mamarion, G.R. No. 137554, Lyn were on their way home, Job his (5%) complex crime of kidnapping for special coercion (Art. 286, RPC) for compelling Roy, October 1, 2003; Art. 267, Revised Penal immaterial as they are charged a crime minor friend Nonoy grabbed with them and ransom withand homicide Code). b) means Emil Louie who the head by of serious threats or death intimidation, where the penalty prescribed is (Asistio pushed them inside a smashed white van. They of the and the latter in the sand to do victim something against the latter's will, vs. San Diego. 10SCRA673). brought them toburied an abandoned warehouse They were properly denied bail because the committed murder qualified by treachery or whether it be right or wrong. Serious threats where they forced them to dance naked. trial court found that the evidence guilt in abuse of superior strength. Theyto areof or intimidation approximating violence Thereafter, they brought them a not hill in a the information kidnapping and serious liable for barangay kidnapping because they didthreats. not constitute grave for coercion, not grave nearby where they took turns Illegal detention is strong. conspire, nornature are they aware oftheir the Such is them. the of the threat inintention this case raping After satisfying lust, Job Trespass to Luke Dwelling; Private Persons (2006) to detain whom they were informed was because it was committed with a gun, is a ordered Nonoy to pushmay Dang down a ravine, Under what situations a private person The crime is not robbery because intent to 1. What crime or crimes were hiding from NBI (Art.Lyn 248, Revised Penal deadly weapon. resulting in the her death. ran away but Job enter any dwelling, residence, c) Mario has no liability sinceelement heor wasother not gain, which isJob anand essential of committed by Nonoy? (2.5%) Code). and NonoyANSWER: chased her and being pushed liable her inside SUGGESTED establishments without for aware of the intent andthe design of robbery, is criminal absent since necklace the van. to Then the duo drove away. Lyn was SUGGESTED ANSWER: trespass dwelling? (2.5%) Jaime, Andy and Jimmy. His act of bringing belongs to Isagani. never seen again. Luke to Navotas for "a


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BP 22; Memorandum Check (1994)

1 What is a memorandum check? 2 Is the "bouncing" thereof within the purview of BP Blg. 22? SUGGESTED ANSWER:

1

A "Memorandum Check" is an ordinary check, with the word "Memorandum", "Memo" or "Mem" written across its face, signifying that the maker or drawer engages to pay its holder absolutely thus partaking the nature of a promissory note. It is drawn on a bank and is a bill of exchange within the purview of Section 185 of the Negotiable Instruments Law (People vs. Judge David Nitafan, G.R. No. 75954, October 22, 1992).

2

Yes, a memorandum check is covered by Batas Pambansa No. 22 because the law covers any check whether it is an evidence of Indebtedness, or in payment of a pre-existing obligation or as a deposit or guarantee (People versus Nita-fan).

SUGGESTED ANSWER:

The crime committed by CD is arson under Pres. Decree No. 1613 (the new Arson Law) which punishes any person who burns or sets fire to the property of another (Section 1 of Pres. Decree No. 1613). CD is criminally liable although he is the stepfather of FEL whose property he burnt, because such relationship is not exempting from criminal liability in the crime of arson but only in crimes of theft, swindling or estafa, and malicious mischief (Article 332, Revised Penal Code). The provision (Art. 323) of the Code to the effect that burning property of small value should be punished as malicious mischief has long been repealed by Pres. Decree 1613; hence, there is no more legal basis to consider burning property of small value as malicious mischief.

BP 22; Memorandum Check (1995)

1 What is a memorandum check ? 2 Is a person who issues a memorandum check without sufficient funds necessarily guilty of violating B.P. Blg. 22? Explain. 3 Jane is a money lender. Edmund is a businessman who has been borrowing money from Jane by rediscounting his personal checks to pay his loans. In March 1989, he borrowed P100,000 from Jane and issued to her a check for the same amount. The check was dishonored by the drawee bank for having been drawn against a closed account. When Edmund was notified of the dishonor of his check he promised to raise the amount within five days. He failed. Consequently, Jane sued Edmund for violation of the Bouncing Checks Law (BP. Blg. 22). The defense of Edmund was that he gave the check to Jane to serve as a memorandum of his indebtedness to her and was not supposed to be encashed. Is the defense of Edmund valid? Discuss fully.


Such contention is invalid. A trust receipt arrangement doesn't involve merely a simple loan transaction but includes likewise a security feature where the creditor bank extends financial assistance to the debtorimporter in return for the collateral or security title as to the goods or merchandise being purchased or imported. The title of the bank to the security is the one sought to be protected and not the loan which is a separate and distinct agreement. What is being penalized under P,D. No. 115 is the misuse or misappropriation of the goods or proceeds realized from the sale of the goods, documents or Instruments which are being held in trust for the entrustee-banks. In other words, the law punishes the dishonesty and abuse of confidence in the handling of money Estafa (1999) or goods to the prejudice of thethrough other, and Is there such a crime as estafa hence there Explain. is no violation negligence? (2%) of the right against imprisonment for non-payment of debt. (People vs. Nitafan, SCRA 725) Aurelia introduced Rosa207 to Victoria, a dealer in jewelry who does business in Timog, Quezon City. Rosa, a resident of Cebu City, agreed to sell a diamond ring and bracelet to Victoria on a commission basis, on condition that, if these items can not be sold, they may be returned to Victoria forthwith. Unable to sell the ring and bracelet, Rosa delivered both items to Aurelia in Cebu City with the understanding that Aurelia shall, in turn, return the items to Victoria in Timog, Quezon City. Aurelia dutifully returned the bracelet to Victoria but sold the ring, kept the cash proceeds thereof to herself, and issued a check to Victoria which bounced. Victoria sued Rosa for estafa under Article 315, R.P.C., Victoria insisting that delivery to a third person of the thing held in trust is not a defense in ANSWER: estafa. Is Rosa criminally liable for SUGGESTED estafa under thesuch circumstances? Explain, (a) There is no crime as estafa through SUGGESTED ANSWER: [4%) negligence. In estafa, the profit or gain must 1. A memorandum check is an ordinary be obtained by the accused personally, check withownthe through his acts, word and his"Memorandum", mere "Memo", or "Mem" written across the face, negligence in allowing another to take signifying maker or drawer engages advantagethat of orthe benefit from the entrusted to pay its holder absolutely thus partaking chattel cannot constitute estafa. (People v. the nature a promissory It is liable drawn (b) No, RosaofCA, cannot be6135) held note. criminally Nepomuceno, 46OG on a bank and is a bill ofreceived exchange within the for estafa. Although she the jewelry (People vs. Nitafan, 215ofSCRA purview of Section 185 the Negotiable from Victoria under an obligation to return the 79) Instruments Law. same or deliver the proceeds thereof, she did 2. Yes, a person who issued a not misappropriate it. In fact, she gave them memorandum check without sufficient funds to Aurelia specifically to be returned to is guilty of violating B.P. Blg. 22 as said law Victoria. The misappropriation was done by covers all checks whether it is an evidence of Aurelia, and absent the showing of any indebtedness, or in payment of a preexisting conspiracy between Aurelia and Rosa, the obligation, or as deposit or guarantee. latter cannot be held criminally liable for (People vs. Nitafan) Amelia's acts. Furthermore, as explained above, Rosa's negligence which may have allowed Aurelia to

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misappropriate 3. The defense the of jewelry Edmund does is NOT not valid. makeA memorandum her criminally liable checkfor upon estafa. presentment is generally accepted by the bank. It does not Estafa vs.whether BP 22 (1996) matter the check is in the nature of a The accused was convicted under B.P, Blg. memorandum as evidence of indebtedness. 22 for having issued several checks which What the law punishes is the mere issuance were dishonored by the on their of a bouncing check anddrawee not the bank purpose for due because thethe accused closed her whichdate it was issued nor terms and account after the issuance of checks. On conditions relating thereto. The mere act of 1 Blg. 22 by reason of the closing of her appeal, argued that isshe could not be issuing ashe worthless check a malum account because said law applies solely to convicted under prohibitum. The understanding that the check checks dishonored by reason of insufficiency will not be presented at the bank but will be of funds and at the time the redeemed bythat the maker whenshe theissued loan falls checks concerned, she had adequate funds due is a mere private arrangement which in thenot bank. While admits that the shepenal may may prevail to she exempt it from BP 22; Presumption of Knowledge (2002) be held liable forBlg. estafa Article 215 of sanction of B.P. 22. under (People vs. Nitafan) A a businessman, from the Revised Penal borrowed Code, sheP500,000.00 cannot however B, afound friend. To pay the loan, A issued a be guilty of having violated postdated check to be presented payment 2 Blg. 22. Is her contention for correct? 30 days after the transaction. Two days Explain. before the maturity date of the check, A called up B and told him not to deposit the check on the date stated on the face thereof, as A had not deposited in the drawee bank the amount needed to cover the check. Nevertheless, B deposited the check in question and the same was dishonored of insufficiency of funds. A failed to settle the SUGGESTED ANSWER: amount B for in spite of the Yes, A Iswith liable violation of latter's BP. Blg. 22 demands. Is A guilty of violating Blg. 22, (Bouncing Checks Law), AlthoughB.P. knowledge otherwise known as the Bouncing Checks by the drawer of insufficiency or lack of Law? Explain. (5%) funds at the time of the issuance of the check is an essential element of the violation, the law presumes prima facie such knowledge, unless within five (5) banking days of notice of dishonor or nonpayment, the drawer pays the holder thereof the amount due thereon or makes arrangements A notice A to the payee B formere payment inby fullthe by drawer the drawee of such before the maturity date of the check will not checks. defeat the presumption of knowledge created by the law; otherwise, the purpose and spirit of B.P. 22 will be rendered useless. Estafa & Trust Receipt Law (1995)

Julio obtained a letter of credit from a local bank in order to import auto tires from Japan. To secure payment of his letter of credit, Julio executed a trust receipt in favor of the bank. Upon arrival of the tires, Julio sold them but did not deliver the proceeds to the bank. Julio was charged with estafa under P.D. No. 115 which makes the violation of a trust receipt agreement punishable as estafa under Art. 315, par. (1), subpar. (b), of the Revised Penal Code. Julio contended that P.D. No. 115 was unconstitutional because it violated the Bill of Rights provision against imprisonment SUGGESTED ANSWER: for nonpayment of debt. Rule on the contention of Julio, Discuss fully.

Criminal Law Bar Examination Q & A (1994-2006) SUGGESTED ANSWER: Estafa Money Placement (1996) bully,vs. while B Market is reputed to be gay but noted Yes, both are liable for attempted estafa thru On his March 31, and 1995, Orpheus Financing for industry economic savvy which falsification of commercial documents, a Corporation from Maricar sum of allowed himreceived to amass wealth in the leaps and complex crime. They tried to defraud the P500,000 asincluding money market placementand for bounds, registered Government the in use ofper false commercial sixty days atwith fifteen (15) cent interest, unregistered lands several barangays. and documents. Damage is not on and public the President of said Corporation issued Resenting B's riches and relying his necessary. a check influence, covering the amounttoincluding the political A decided harass and Estafa; Falsification of Commercial Documents (1997) interest due thereon, intimidate B into sharingpostdated with him May some 30, of The accused opened a saving account with 1995. On considering the maturity however, his lands, that date, the latter was Bank A with an initial deposit of P2,000.00. Ato Orpheus Corporation single andFinancing living alone. One night,failed A broke few days later, he deposited inplacement the savings deliver Maricar's with into B'sback house, forced money him to bring out some account a Bank B check forinterest P 10,000.00 the and corresponding earned, titles after picking out a title covering drawn and endorsed purportedly by upon C. Tensaid notwithstanding repeated 200 square meters in demands their barangay, days later,President he withdrew P Orpheus 10,000.00 from his Did the Corporation comply its compelled Bto to typeofwith out a commitment. DeedFinancing of Sale savings Corporation account. incur C complained any criminal to Bank liability B and for conveying the said lot to him for P1.00 when the was from his of estafa forcheck reason of deducted the nonpayment the other valuable considerations. All the while, SUGGESTED ANSWER: account. Two days thereafter, the accused money market placement? Explain. A carried a paltik .45 should in fullcorporation view B, No, thecharge President ofBank the financing What or caliber charges be of filed deposited another B check of P who signed the criminal deed outliability of fear.forWhen A does not incur estafa against A? signed Explain. (5%) 10,000.00 and endorsed allegedly by later on tried to register the deed, B SUGGESTED ANSWER: because a money market transaction C. A week later, the accused went to Bank AA summoned enough courage and had The charge for Robbery under Article 298 of Convicted under two informations of estafa partakes of the nature of a loan, such that to withdrawand P10,000.00. While withdrawing arrested charged in court after the Revisedhe Penal Code should berise filed and attempted estafa both through nonpayment thereof would not give to the amount, was arrested. preliminary investigation. against A. Said Article provides that any falsification of commercial documents, he set estafa through misappropriation or person who, In with intent to defraud another, up the defenses that, except for the showing conversion. money market placement, by means of violence or intimidation, shall that the ofownership C had beenofforged, no there is signature transfer of the money compel him to sign, execute and deliver further evidence was presented to establish to be invested and therefore the liabilityany for public document held (a) thatinstrument heiswas the forger of(Perez the shall signature of its return civil inor nature vs. be Court of Estafa vs. Theft (2005) The paltik caliber .45 firearm carried by A guilty of robbery. C nor (b), that as to the second charge C Appeals, 127 SCRA 636; Sebreno vs. Court of SUGGESTED ANSWER: DD was engaged in the warehouse business. was obviously intended intimidate B and suffered any damage. on the defense. Appeals etal, G.R. 84096,Rule 26to Jan 95). The defense is not tenable; (a) the possessor Sometime in November 2004, he was in dire thus, used in the commission of the robbery. of a falsified document is presumed to be need of money. He, thus, sold merchandise If it could be established that A had the no author of the falsification (People vs. deposited in his warehouse to VR for license or permit to possess and carry such Sendaydtego, 81 SCRA Koh Tiek vs. People, P500,000.00. DD was charged with as firearm, it should be120; taken only astheft, special et al, Dec. 21, 1990) ; (b) In estafa, a mere principal, while VR as accessory. court aggravating circumstance to theThe crime of ALTERNATIVE ANSWER: disturbance of property rights, even convicted DD of subject theft but acquitted VR on robbery, not of a if separate On premise that the of Sale temporary, would be sufficient to, causewhich the theground that heDeed purchased the prosecution. A compelled Binto good sign, not attained the damage. Moreover, in a had crime of falsification merchandise faith. However, the character of VR adocument, instrument or of a commercial or intent court ordered to"public" return damage the merchandise document, A should be charged for the crime DD moved for the reconsideration of the to cause damage is not necessary because the owner thereof and ordered DD to of Qualified Trespass to Dwelling under decision insisting that he should be acquitted the principal thing punished is the violation of refund the P500,000.00 to VR. Estafa; Defense of Ownership (2002) A sold Article 280 of the Revised Penal Code for of theft because being the depositary, he had the public faith and the destruction of the a washing machine to B on credit, with having into house, and the for the juridical possession ofB’s the merchandise. VR truth asintruded therein solemnly proclaimed. understanding that B could return the 286 also moved crime of Grave for Coercion the reconsideration under Article of the of appliance within two weeks if, after testing same Code, for compelling B was to sign such decision insisting that since he acquitted Robbery vs. Highway Robbery (2000) the same, B decided not to buy it. Two weeks deed sale against hisand will.that he purchased of theofcrime charged, Distinguish Robbery lapsed without Highway B returning appliance. the merchandise in goodthe faith, he under is Anot SUGGESTED ANSWER: Presidential Decree No. 532 from Robbery found out that B had sold the washing obligated to return the merchandise to its SUGGESTED The motion for reconsideration should be committed on a (3%) machine toANSWER: a third partyIs B liable for owner. Rule onhighway. the motions with reasons. Highway By Robbery under Pres. Decree 532 granted. depositing the merchandise in his estafa? Why? (5%) SUGGESTED ANSWER: (5%) differs from ordinary Robbery committed on warehouse, he for transferred not hemerely No, B is not liable estafa because is a highway in these physical also respects: juridical possession. The not just anbut entrustee of the washing machine 1 In Highway Robbery under PD 532, the element of taking in the crime of theft is which he sold; he is the owner thereof by robbery isAt committed indiscriminately against wanting. the most, he could be held liable virtue of the sale of the washing machine to persons who commute in such highways, for estafa of isthe him. The sale for beingmisappropriation on credit, B as buyer On regardless the other of the hand, potentiality the motion they of offer; VR must while in merchandise only liable fordeposited. the unpaid price of themoment also be denied. Hiscommitted acquittal is ordinary Robbery onofa no highway, the washing machine; his obligation is only a civil Estafa; Swindling (1998) because robbery isthe committed thing, subject only against matter predetermined of the obligation. There is no felonious offense, Divina, the owner be restored of a 500-square to the owner meter even victims;isshall misappropriation that could constitute residential in Makati covered bya532, TCT though 2 Itit is islot Highway found in Robbery theCity possession under PD of thirdwhen estafa. person No. the offender 1998. who Asacquired is her a brigand son needed it byorlawful one money who means. for roams his (Art. in trip abroad, 105, public RFC) Divina mortgaged her

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lot to her neighbor Dino for P1,000,000. Estafa; Elementssold (2005) Later Divina the same lot to Angel for DD purchased television forshe P50,000.00 P2,000,000. In athe Deed ofset Sale, with the use of a that counterfeit credit is card. expressly stated the property freeThe ownerany of the hadWhat no inkling from lien establishment or encumbrance. crime, SUGGESTED ANSWER: that the credit card used by DD was if any, did Divina commit? [5%] Divina committed estafa swindling under counterfeit. What crime oror crimes did DD Art. 316,Explain. par. 2 of the Revised Penal Code SUGGESTED ANSWER: commit? (5%) DD committed the crime estafa Art. because, knowing that ofthe realunder property 315, par. 2(a) of the Revisedshe Penal Code by a being sold is encumbered, still made falsely pretending toinposses credit. misrepresentation the Deed of The Sale that elements of estafa underfrom this penal the same is free any provision lien or are; (1) the accused another by encumbrance. Theredefrauded is thus a deceit or fraud Robbery (1996) means ofdamage deceit; to and (2)buyer damage or lot. causing the of the Five robbers robbed, one after the other five prejudice capable of pecuniary estimation is houses occupied by different families located caused to the offended party or third party. The accused also violated R.A. 8484, inside a compound enclosed byNo. a six-feet Mr. Carlos Gabisi, a use customs guard, and which punishes the or possession of Mr, SUGGESTED ANSWER: high hollow block fence. How many robberies Rico Yto, a private Individual, went to the SUGGESTED ANSWER: No, the contention of the fakethe or five counterfeit credit card.accused is not did commit? Explain. office of Mr. Diether Ocuarto, aone customs The offenders committed only robbery in Estafa; Falsification ofas Commercial Document (2000)were correct. As long the checks issued broker, and represented themselves as the eyes of the because issued to apply on law account or for when value, they and agents of Moonglow Commercial Trading, an entered the compound, they were impelled was dishonored upon presentation for Importer of children's clothes and toys. Mr. only by a single indivisible criminal resolution payment to the drawee bank for lack of Gabisi and a Mr. Ytoon engaged Mr. Ocuarto toact to commit robbery as they were not aware insufficient funds their due date, such prepare andthe fileambit with the Bureau Customs that there were five families inside falls within of B.P. Blg. of 22. Said said law the necessary Import Entry and Internal compound, considering the same was expressly punishes anythat person who may Revenue Declaration covering enclosed by a six-feet hollow-block have insufficient funds in high theMoonglow's drawee bank shipment. Mr. Gabisi and Mr. Yto submitted to fence. The series of robbery committed in the when he issues the check, but fails to keep Mr. Ocuarto a packing list, the a commercial same compound about the time sufficient funds toat cover full same amount of Robbery under RPC (2000) invoice, a bill of lading and a Sworn Import constitutes one continued crime, motivated the check when presented to the drawee A, B, C,criminal D 22 and B were in a beerhouse Estafa vs. BP (2003) Duty Declaration which the thealong by one impulse. bank within ninety (90)declared days from date MacArthur Highway having athe drinking spree. A and B agreed to meet at the latter's house shipment as children's toys, taxes and appearing thereon. At about 1 o'clock in the morning, they to discuss B's financial problems. duties of which were computed atOn his way, decided to car leave andblew sofiled asked for the one of A's up.the Before A bill. left P60,000.00. Mr. tires Ocuarto They pooled money they following thetheir meeting, hetogether asked to lend aforementioned documents with theBbut Manila were short ofa Port. P2,000.00. E before him (A)still money to buy new spare tire. Bthen had International Container However, orchestrated a plan whereby A, B, C and D temporarily hisa spot bank deposits, the shipmentexhausted was released, check w as would go out, flag a taxicab and rob the taxi leaving zero balance. Anticipating, conductedaby Customs Senior Agent James driver of all his money while E would wait for however, a replenishment of his account Bandido, who discovered that the contents of them in the beerhouse. A. B, C and D agreed. soon, issued A were a postdated check with the vanB(shipment) not children's toys All armed with A, B,tire. C and D which A negotiated for adocuments new When as declared in thebalisongs, shipping but hailed the of first taxicab they encountered. presented, the check bounced for lack 1,000 units video cassette recorders withof After robbing X, the driver, of his earnings, funds. Theduties tire company filed criminal case taxes and computed at aP600,000.00. A SUGGESTED ANSWER: which amounted to P1,000.00 only, they against A and B. What would be the criminal hold order and warrant of seizure and A who negotiated the unfunded check of B in needed P1any, ,000.00 more meet their bill. liability, of each of to the two accused? detention then issued by District buying aifwere new tire for his carthe may only be So, they 8% decided to hail another taxicab and Explain. Collector of Customs. Further investigation prosecuted for estafa if he was aware at the they again robbed driver of his hard-earned showed that Moonglow is Tnon-existent. time of such negotiation that the check has money amountingGabisi to P1,000. On their way Consequently, Yto were no sufficient Mr, funds in and the Mr. drawee bank; back the convicted beerhouse, they of were chargedtowith forliable. violation SUGGESTED ANSWER: otherwise, he and is not criminally apprehended by a police team upon the A. B, C,accommodated D and are3019 liable for two (2) counts Section 3(e) of E R.A. makes it may B who A which with his check complaint ofunder X, others, theArticle driver of the first cab. of robbery 294 ofofficers the22 Rev. unlawful among for public to nevertheless be prosecuted under BP for They pointed to E as the mastermind. What Penal not highway cause Code; any undue Injury toknowing anyRobbery party, having issued thefor check, at theunder time crime or The crimes, if has any,no didIn A, B, C, the D and B PD 532. offenders are not brigands but including thethat Government. the discharge of of issuance it funds in bank commit? Explain fully. (3%) only committed the robbery raise money official functions through manifest partiality, and that A will negotiate it to to buy a new tire, to pay their bill because it happened evident faith gross i.e., for bad value. B or may notinexcusable be prosecutedthat for they were short of money to pay the same. negligence. In their motion for estafa because the facts indicate that he is Robbery under RPC (2001)accused alleged that the reconsideration, not actuated by the intent to defraud in issuing A and B are neighbors in Barangay decision was erroneous because the Nuevo crime I, the check which A negotiated. Obviously, B Silang, A is a barangay Kagawad was notCavite. consummated but was onlytoathelp anand issued the postdated check only A: known tointent be a or dolo attempted stage, and that in fact the criminal is absent. Government did not suffer any undue injury. Assuming that the attempted or frustrated stage of the violation charged is not punishable, may the accused be nevertheless convicted for an offense punished by the Revised Penal Code under the facts of the


Jose. Henry, likewise, moved to reconsider the decision, asserting that he is liable only for attempted robbery with homicide with no aggravating circumstance, considering that he and Mario did not benefit from the P500,000.00. He further alleged that arson is a felony and not an aggravating circumstance; dwelling is not aggravating in attempted robbery with homicide; and nighttime is not aggravating because the house of Jose was lighted at the time he was SUGGESTED ANSWER: killed. isResolve with reasons the respective Mario not correct. Mario conspired and motions of Mariowith and Henry Henry.to (7%) acted in concert commit robbery. Hence, the act of one is the act of all and the extent of the specific participation of each individual conspirator becomes secondary, each being held liable for the criminal deed(s) executed by another or others. As a conspirator, Mario casts his lot with his fellow conspirators and becomes liable to any third person who may get killed in the course of implementing the criminal Henry is incorrect, since he acquired design. (People v. Punzalan, et al.. G.R. No. possession of the money. The crime of 78853, November 8, 1991) robbery with force and intimidation is consummated when the robber acquires possession of the property, even if for a short time. It is no defense that they had no opportunity to dispose of or benefit from the money taken. (People v. Salvilia, et al., G.R. No. Since crime in robbery with force and 88163,the April 26, 1990) intimidation against persons (robbery with homicide), dwelling is aggravating. Arson, which accompanied the crime of robbery w ith homicide is absorbed (Art. 294, RFC as amended by R.A. No. 7659) and is not aggravating because the RPC does not provide that such crime is an aggravating circumstance. (People v. Regala, G.R. No. 130508, April 5, 2000) Nighttime, likewise, is not aggravating. There is no showing that the same was purposely sought by the offenders Robbery w/ Homicide (1996) to facilitate the commission of the crime or Jose, Domingo, Manolo, and Fernando, armed impunity. with bolos, at about one o'clock in the morning, robbed a house at a desolate place where Danilo, his wife, and three daughters were living. While the four were in the process of ransacking Danilo's house, Fernando, noticing that one of Danilo's daughters was trying to get away, ran after her and finally caught up with her in a thicket somewhat distant from the house. Fernando, before bringing back the daughter to the house, raped her first. Thereafter, the four carted away the belongings of Danilo and his family. a) What crime did Jose, Domingo, Manolo and Fernando commit? Explain. b) Suppose, after the robbery, the four took turns in raping the three daughters of Danilo inside the latter's house, but before they left, they killed the whole family

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to prevent highways identification, and carries what out his crime robbery did the in fourpublic commit? highways Explain.as venue, whenever the SUGGESTED ANSWER: opportunity to do so arises. It is ordinary (a) Robbery Jose, Domingo, andRevised Manolo Penal committed under the Code Robbery, while Fernando committed when the commission thereof in complex a public crime of Robbery with Rape. Conspiracy highway is only incidental and can the be inferred from the manner the offenders offender is not a brigand: and committed the robbery but under the rape 3. In Highway Robbery PD was 532, committed by Fernando a place "distant there is frequency in theatcommission of the from the inhouse" the robbery was robbery publicwhere highways and against committed, not in the presence of the other persons travelling thereat; whereas ordinary conspirators. Hence, Fernando alone should Robbery in public highways is only occasional answer rape, rendering him liable for against for a the predetermined victim, without the special complex crime. (People vs. frequency in public highways. b) The crime would be Robbery with Homicide Canturia al, G.R. things 108490, 22 June 1995} Robbery w/et. force because the upon killings (2000) were by reason (to A, brother of B, with theand intention having aof prevent identification) on theofoccasion nightrobbery. out with The his friends, took the coconut the multiple rapes committed shell which is being used by B as a bank and the fact that several persons were for killed coins from inside their locked cabinet using as [homicide), would be considered their commoncircumstances. key. Forthwith, AThe broke the are aggravating rapes coconut shell with outside of theirand home the synonymous Ignominy theinadditional presence of his friends. What is the criminal killing synonymous with cruelty, (People vs. liability A, if any? Explain. (3%) A 531) Solis, 182ofSCRA; People vs. Plaga, 202IsSCRA Robbery w/ Homicide (1998) exempted from criminal liability under Article A, B,ofC the andRevised D all armed, bank,aand 332 Penal robbed Code fora being SUGGESTED ANSWER: when they were about to get out of the brother of B? Explain. (2%) a) A is criminally liable for Robbery with bank, policemen came and ordered them to force upon things, because the coconut shell surrender but they fired on the police with thewho coins inside, officers fired backwas andtaken shot with it outintent with to gain and broken outside of their home, 1. Suppose a bank employee was killed and them. (Art.bullet 299 (b) (2). killed RPC). him came from the the which b) No, A not exempt from with criminal firearm of is the police officers, whatliability under Art. you 332 because said Article applies 2. Suppose it was robber D who was crime shall charge A, B. C and D? killed [3%] only topolicemen theft, swindling or prosecutor malicious mischief. by the and the Here, the crime committed is robbery. charged A, B and C with Robbery and Homicide. They demurred arguing that they Robbery w/ Homicide R.A. No. (2005) (A, B and C) were- not the7659 ones who killed Jose employed Mario as gardener robber D, hence, the charge should and onlyHenry be as cook. They learned that Jose won Robbery. How would you resolve their P500,000.00 in the lotto, and decided to rob argument? (2%) him. Mario positioned himself about 30 meters away from Jose’s house and acted as lookout. For his part, Henry surreptitiously gained entry into the house and killed Jose who was then having his dinner. Henry found the P500,000.00 and took it. Henry then took a can of gasoline from the garage and burned the house to conceal the acts. Mario and Henry fled, but were arrested around 200 meters away from the house by alert Mario andtanods. Henry The were charged with the and barangay tanods recovered convicted of robbery with homicide, with the P500,000.00. aggravating circumstances of arson, dwelling, and nighttime. Mario moved to reconsider the decision maintaining that he was not at the scene of the crime and was not aware that Henry killed the victim; hence, he was guilty only of robbery, as an accomplice. Mario also claimed that he conspired with Henry to commit robbery but not to kill

SUGGESTED ANSWER:

1.

A, B, C and D should be charged with the crime of robbery with homicide because the death of the bank employee was brought about by the acts of said offenders on the occasion of the robbery. They shot it out with the policeman, thereby causing such death by reason or on the occasion of a robbery; hence, the composite crime of robbery with homicide. 2. The argument is valid, considering that a separate charge for Homicide was filed. It would be different if the charge filed was for the composite crime of robbery with homicide which is a single, indivisible offense.

Criminal Law Bar Examination Q & A (1994-2006) SUGGESTED ANSWER: Robbery w/ Homicide (2003) committed hence, with Family of certain Internal Rule Code, the crimes, taking by Revenue, 110 such one like of with as who, rape, the inA, intent Article with seduction the Revised intent to speaker, 27 gain which to and Rules isgain, inisthe aon The crime committed by XA, YB and ZC is the A learned two days ago that had received appropriates complete Criminal marriage course adultery. ofProcedure. It in and his has articulo property lecture, thus no definite the mortis. lamented of crime another concept IfBis the the without second asfact a that the composite crime Robbery with a dollar bills amounting to $10,000 hissaid consent consummated. marriage a crime. great ofmajority was its owner. validof of even And those without the serving crime afrom marriage isRape, in single, indivisible offense under Art. 294(1) Theft; Concubinage Stages (2002) of Execution (2000) daughter working in the United States. Withof committed license, agencies then were even CBP utterly when would dishonest the be offender liable and forreceives bigamy. corrupt. Miscellaneous the Penal Code. Sunshine, A is Revised married. beauteous He has a "colegiala" paramour with but awhom the intention of robbing Bthe of those dollars, Aof The property following ofa another morning, but acquires whole only group Otherwise, CBP is not liable for bigamy but shoplifter, he has sexual went relations to the Ever on Department a more or Store less entered B's house attomidnight, with a physical employees possession in the two hold bureaus the armed same. who attended Corpus Delicti (2001) Although the conspiracy among the Theft (2001) for Illegal Marriage in Art. 350 for the Revised and regular proceeded basis. to They the meet women's at wear least section. once a knife which he used to gain entry, and began the seminar, as complainants, filed a criminal At a birthday party in Bogo, Cebu, A got offenders was only to commit robbery and Francis Garcia, a Jollibee waiter, found a gold Penal Code, specifically designated as The week saleslady in hotels, was motels ofAthe impression and other that places quietly searching the drawers, shelves, and complaint against for uttering what the intoxicated and started quarrelling with Bshe only XA raped CD, the other robbers, YB and bracelet in front of his working place in "Marriage contracted against provisions of brought where they to the can fitting be alone. room three Is A guilty (3) pieces of any of otherC.likely receptacles of the cash. While group claimed to beof defamatory statements and At the height their arguments, A ZC, SUGGESTED were ANSWER: present and aware of rape Makati and, upon inspecting it, saw the name laws." swimsuits crime? Why? ofB different (3%) colors. When came doing awoke, rushed out from the of thethat, lecturer. In court, A filed a she motion to left took a bolo from his house, after A isand guilty of the crime of concubinage by being committed by their co-conspirator. and address of the owner engraved on the out of the fitting room, she returned only two bedroom, andinformation, grappled with A for quash the reciting fully the which he returned to the party andthe having sexual intercourse scandalous SUGGESTED ANSWER: Bigamy; Prescriptive Period (1995) Having done nothing tounder stop XA from inside. Remembering his parents' admonition (2] pieces to the clothes rack. The saleslady possession of the knife which A was then above facts, on the ground that no crime threatened tothe stab everybody. B got scared Icircumstances, would grant the motion to quash on the with a woman who is not his Joe committing and Marcy were rape, married YB and in Batanes ZC thereby in that he should notIftake anything which does became suspicious and the store holding. After stabbing Balerted to charged death, A turned were committed. you were the judge, how and ran towards the seashore, with A chasing ground that the facts do not wife. 1955. After two years, Joe leftlatter's Marcy and concurred in the commission of the rape by not belong to him, he delivered the bracelet detective. Sunshine was stopped bythe the over B's pillow and found the wallet would you resolve the motion? 8% him, B ran up a steep incline along shore The criminal liability of all, XA, YZ and ZC, Having sexual relations on a more or constitute an offense, since there isless no settled in Mindanao where he later met and their co-conspirator XA. to PO1 Jesus Reyes of the Makati Quad detective before she could leave the store underneath the pillow, which was bulging and was cornered on top of a cliff. Out of shall be the same, as principals in the special regular basis in hotels, motels and other SUGGESTED ANSWER: definite person or persons dishonored. The married Linda on 12office June 1960. Thefor. second precinct with the instruction to locate the and brought to the of the store with the dollar bills he was looking A took fear, B jumped from the cliff into the sea, A is The crime committed is robbery with complex crime of robbery with rape which places may be considered a scandalous crime of libel or slander, is a crime against marriage was registered in the civil registry of owner and return it to him. PO1 Reyes, manager. The detective and the manager the bills and left the house. What crime or returned to the scene of their confrontation homicide, athree composite crime. This is the sopersons a single, indivisible offense where rape circumstance that offends public conscience, honor such that the person or Davao City days after its celebration. instead, sold the bracelet and searched her and foundcriminal her wearing the third crimes were committed? 8% and seeing that nobody was there, because A's primordial intent is to SUGGESTED ANSWER: accompanying giving rise to criticism thebe robbery and general iswent protest just a dishonored must identifiable even On 10 October 1975 Marcy who remained inby misappropriated the proceeds. Subsequent swimsuit under herand blouse and pants. Was The theft was consummated because the home to sleep. The next day, B's wife commit a robbery in the course of the component. such acts being imprudent and wanton innuendoes: otherwise the crime against Batanes discovered thefact marriage of Joe toand events brought out the that the bracelet the theft of the swimsuit consummated, ALTERNATIVE ANSWER: Robbery; Homicide; Arson (1995) taking or asportation was complete. The reported to the police station that her robbery, the killing of B took place. Both the setting a bad example (People vs. Santos, 86 honor is not committed. Moreover, A was not Linda. On 1or March 1976 Marcy filed agrabbed wasisdropped by a of snatcher who had A not guilty any crime because a frustrated attempted? Explain. (5%) Harry, an overseas contract worker, arrived asportation is complete when the offender husband had not yet come home. A search robbery and the killing were consummated, The crime of bigamy prescribed in fifteen SCRA 705a[1978]). making malicious imputation, but merely complaint for bigamy against Joe. it from the owner a block away from where married man does not incur the crime of from Saudi Arabia with considerable savings. acquired exclusive control of the personal was by residents of the thus conducted giving rise to the special complex crime years computed from the day the crime is a stating an opinion; he was delivering Francis had found it and further investigation concubinage by merely having a paramour, Knowing him to be "loaded", his friends property being taken: in this case, w hen barangay but after almost two days, B or his of robbery with homicide. The primary discovered by offended party, the lecture with nothe malice at as all during a seminar traced the last possessor PO1 Reyes. unless under scandalous circumstances, or Jason, Manuel and Dave invited to poker Sunshine wore the swimsuit under her blouse body could nottheir be located and his criminal authorities intent or being agents. to commit Joe raised ahim robbery, the workshop. Malice being inherently absent in Charged with theft, PO1 Reyes reasoned out he keeps her in the conjugal dwelling as a Libel (2005) SUGGESTED session at a rented beach cottage. When he and pants and was on her way out of the disappearance continued for the next few any killing defense ofANSWER: on prescription the "occasion" ofstatement the of crime, the robbery, more the utterance, the is not that he had not committed any crime mistress, or cohabits with her in anytaking other Charged In an interview with theft, aired PO1 on Reyes iswhich Cindee was losing almost all his money to hima store. With evident intent totelevision, gain, the days. Based on the testimony of Ccriminally and other though not by reason thereof, is considered than fifteen years having elapsed from the actionable as defamatory. because it was not he who had found the place. His weekly meetings with his liable. uttered His defamatory contention statements that he has against not Erika, was his savings of a lifetime, he discovered constitutes and being complete, it guests, whotheft had A and B on top of the component crime of robbery with celebration of theseen bigamous marriage upis to bracelet ALTERNATIVE and, ANSWER; moreover, itper turned out to have paramour does not se constitute Robbery w/was Homicide; Special Complex Crime (1995) committed a successful any and crime reputable because businesswoman. he was not that he being cheated by his friends. consummated. It is not necessary that the cliff, A was arrested and charged with homicide as avs. single indivisible offense. the filing of Marcy's complaint. He contended SUGGESTED ANSWER: Unjust Vexation Act of Lasciviousness (2006) The crime of theft was only frustrated because been stolen. Resolve the case with reasons. scandalous circumstance. Victor, Ricky, Rod and Ronnie went to the the What one crime who found or crimes the bracelet did Cindee and itcommit? turned Angered by he decided to take offender is inthe a position to dispose of the Murder. In his defense, he claimed that since The defense of Abetrayal is tenable. "Corpus that the registration of his second marriage in Eduardo Quintos, anot widower for the past 10 Sunshine has not yet left the store when the SUGGESTED ANSWER: (10%) Harry ordered several bottles of Tanduay store of Mang Pandoy. Victor and Ricky out Explain. to be (3%) stolen also, is devoid of merit. It is revenge on the three cheats. property, B's body has not been found, there was no delicti" does not refer to the body of the the civilfelt registry of Davao City was years, that his retirement at the age of Cindee committed libel for uttering offense was opportunely discovered theto Rhum and gave them to his companions entered the store while Rod and Ronnie enough that the bracelet belonged toand evidence of "corpus delicti' and therefore, he purported victim which had not been found. constructive notice to the whole world of the 70 gave him the opportunity toall engage in yet his defamatory remarks tending toordering cause article seized from her. She does not have drink, as they did, until they fell asleep. posted themselves at the door. After another and the failure to restore the same should be acquitted. Is the defense of A Even without the body of the purported celebration thereof thus binding upon Marcy. favorite pastime — voyeurism. Ifintent not using his dishonor or discredit to Erika. Libel can the freedom to dispose of the swimsuit shebe SUGGESTED ANSWER: When Harry saw his companions already beer Ricky complained that he was to its owner is characterized by to tenable or not? State the reason(s) for your victim being found, the offender can be Has the crime of bigamy charged against Joe high-powered binoculars to peep at committed in television programs or The was No. The act taking of prescriptive PO1 Reyes ofMang selling for the the crime bracelet of .his (People vs.period Dino, 45 O.G. sound asleep he hacked allCA of Pandoy them to3446) death. shortchanged although gain. answer. (5%) convicted when the facts and circumstances already prescribed? Discuss fully, neighbor's homes and domestic activities, broadcasts, though itSuddenly was not specifically Moreover, bigamy which does is remembered computed in not case belong of doubt from tohis him the as time and toRicky whether which the he ithis is Then he losses. He crime rifled vehemently denied it. of a crime, the body of the crime or "corpus second choice was to follow sweet young mentioned the article since itparty, was not yet consummated was only discovered heldwords, toin be or delivered byfrustrated, the offended to its the owner, doubt is the must through the victims and got whipped apockets knife asof hehis announced "HoldIn other the non-recovery of the body delicti" isout established. girls. One day, he trailed a teenage girl up to in existence then, but is included as "any be authorities furtive resolved misappropriation or in their favor agents. of the with milder The intent principle criminal to gain. of back all the money lost. He ran away upthe ito!" and stabbed Mang to death. of victim is Rights not ahe bar to Pandoy thethen prosecution Usurpation of Real (1996) the LRTbefore station at salesgirl EDSA-Buendia. similar Defamatory statements aired responsibility. constructive notice ordinarily but burning the cottage to While hide Rod boxed the store's Lucy applies toand of A not for means." Murder, butwhich the fact of death Teresita is the owner of a two-hectare land in Where a finder of lost or mislaid property ascending the stairs, he stayed one step on television is similar to radio, theatrical to land or property disputes should not police be his misdeed. The following day prevent her from helping Mang Pandoy. When identity of the victim must be established Bulacan which she to rice and corn. entrusts itout toor another for delivery to the behind her and inplanted a moment of bravado, exhibition cinematographic exhibition, applied to the crime of bigamy, as marriage investigators found among the debris Lucy ran of the store to seek help fromthe beyond reasonable doubt. Slander (1988) Upon her arrival from a three-month vacation After the Provincial owner, the person to whom such property is placed his hand on her hip and which are among theleft modes for the is notpreliminary property. Thus Marcy filed agently charred bodies ofinvestigation, Jason, Manuel, Dave and Corpus Delicti; Definition & when Elements (2000) people next door she was chased by Ronnie. For some time, bad blood had existed in the United States, she was surprised to Prosecutor charged Harry with the complex entrusted and who accepts the same, massaged it.ofbigamy She screamed and shouted for commission libel. (Arts. and 355, complaint for on 7 353 March itRPC) the caretaker of the resort. a) Define "corpus delicti". (2%) b)1976, As soon as Ricky had stabbed Mang Pandoy, ALTERNATIVE ANSWER: between the two families of Maria Razon and discover that her land had been taken over crime of arson with quadruple homicide and assumes the relation of the finder to the help. Eduardo was arrested and charged with was well within thethe as it What are the elements of "corpus Victor scooped up money fromperiod theacts cash The designation ofreglamentary the crime as of Judge Gadioma who were neighbors. First, by Manuel and Teofilo who forcibly evicted robbery. Was Harry properly charged? owner as if he was the actual finder: if he acts of lasciviousness. Is the designation of SUGGESTED ANSWER: was barely a few months from the time of delicti"? (3%) box. Then Victor and Ricky dashed to the lasciviousness is not correct. There is no lewd SUGGESTED ANSWER: there was a boundary dispute between them Simulation of Birth & Child Trafficking (2002) her tenant-caretaker Juliana, after Discuss fully. would misappropriate it, he is guilty of theft the crime correct? literally (5%) means "the body or Corpus Delicti discovery on 10net October 1975. (Sermonia vs. street and shouted, "Tumakbo na kayo!" Roda design exhibited by Eduardo when he placed No, Harry was Harry Theft; which Qualified was Theft still (2002) pending in court. A childless couple, Aproperly and B,the wanted to Maria's have threatening to kill the latter if charged. she would (People vs. Avila, 44 Phil. 720). substance of the crime" or fact that a CA, 233 SCRA 155) was 14 and Ronnie was 17. The money and his hand on the left hip of the victim should have been charged with three (3) A fire they mother broke also out filed in an a department administrative store, A, and child could call their own. C, ancomplaint unwed resist their taking of the land. Thereafter, crime has been committed, but does not other articles looted from the store of Mang gently massaging it. The act does not clearly separate crimes, namely: murder, theft SUGGESTED ANSWER: against the judge which was however taking advantage ofplowed, the confusion, entered mother, sold her newborn baby towho them. Manuel and Teofilo cultivated andand include the identity of the person Pandoy were later found in the houses of show an exclusively sexual motivation. All are liable for the special complex crime of arson. the store and dismissed. The carried Razons away also felt intimidated which he Thereafter, A the and B caused their names to appropriated harvest forgoods themselves toThe committed it. (People vs. Pascual 44 OG 2789). Victor and Ricky. Discuss fully the criminal crime he committed is only unjust vexation Harry killed Jason, Manuel and Dave with robbery with homicide. The acts of Ricky in by the position alleged of their later sold. What crime, if any, didofhe commit? be stated in birth certificate the child the exclusion ofand Teresita. 1) influence What crime or Elements ofthe corpus delicti: liability of Victor, Ricky, Rod and Ronnie. for causing annoyance, irritation or evident premeditation, as there was stabbing Mang Pandoy to death, of Rod in SUGGESTED ANSWER: Why? neighbor. (2%) fireTeofilo to thein situation as his parents. Thisand was done connivance crimes did Fanning Manuel commit? The actual commission by someone of thewas A disturbance committed to the the crime victim of qualified (Art. 287, theft Revised considerable lapse of time before he decided boxing the salesgirl to prevent her from the practice ofwho theManuel Gadiomas of delivery throwing with the 2) doctor assisted in Explain. particular crime Suppose charged. It is and a the compound Teofilo killed ALTERNATIVE ANSWER: SUGGESTED ANSWER: because Penal Code), he took not the acts goods of lasciviousness on the occasion (Art. to commit the crime and the actual helping Mang Pandoy, of Ronnie in chasing garbage and animal excrement into the of C. What are the criminal liabilities, if any, Juliana when the latter refused to surrender fact made up of two things: The crime should be Other Acts of Child 1) Manuel and Teofilo committed the crime of of 336, and Revised taking Penal advantage Code). of the fire which SUGGESTED ANSWER: commission of the crime. In addition, Harry the salesgirl to prevent her in seeking help, Razon's premises. In an explosion of anger, 1 The existence of a certain act or result of the couple A and B, C and the doctor? possession of the land, what crime or crimes Abuse under Section 10 of RA. 7610, par. b usurpation of real rights under Art. 312 ofcash the SUGGESTED ANSWER: The couple Ameans and B, and the store. doctor shall be broke out in the department The employed which weakened the of Victor in scooping up money from the Maria forming called the basis Judge of Gadioma the criminal "land charge; grabber", and did the two commit? Explain. of Section 3crime thatof refers to ofchild abuse Maria committed the crime slander or Revised Penal Code for employing violence liable for the simulation of birth, occasion of existence aJason, calamity such as fire, when the defense Manuel and Dave. Harry box, and Ricky and Victor inor dashing to the "shameless", and "hypocrite." What crime 2 The of a criminal agency as committed by any act, deeds words which slight defamation only because she wasthe against orcommitted, intimidation of persons. The threats penalized under Article 347 of until the Revised theft was qualifies the crime gave them the liquor tothe drink they were street and announcing escape, are all was cause committed of the act or by result Maria, if any? Explain debases, or of demeans the intrinsic under the influence anger. When Maria to kill employed by them in forcibly entering The rule isdegrades settled that when homicide takes Penal Code, as amended. The actPenal ofHarry making under Article 310 of the Revised Code, drunk and fell asleep. This gave indicative of conspiracy. briefly. 3 The identity of the offender is not athe worth and dignity of a child as a human called Judge Gadioma a hypocrite Theft; Qualified Theft (2002)certificate the land is the means of committing the crime place as ainconsequence or on plan the occasion it appear the birth of and aof child as amended. opportunity to carry out his murder necessary of corpus being. In element relation thereto, Section 10 and therefore absorbed in thedelicti of a robbery, all those that the persons named therein are the with impunity. provides criminal liability for other acts of parents of the child when child abuse, cruelty or exploitation, or for other condi

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The who A felony, tions they land vehicular took grabber taking are prejudicial unless not part accident ofshe really in the the to the imputed the intimidation money the robbery occurred child's biological tofrom him are development. onresulted guilty the the parents national victims asin of a The principals was highway more said commission reaction child a serious mere inconstitutes ofBulacan. of the of felony. crimes. afterthought the crime victim, Among the of robbery crime screaming the of of first the with simulation tokillings. for arrive homicide, Hence, at help of birth. the upon Harry scene unless the committed occurrence of the theaccused accident the of the tried separate touching was to prevent A,crime who Slander (1996) 2} C, the The unwed crime would mother still is be criminally usurpation liable of real for the theft of found indicates killing onethat and of she the not perceived victims the complex already herSCRA dignity dead crime .and of (People vs. Baello, 224 218)was Pia, aothers bold actress living on top floor of a said rights "child under trafficking", Art. 312, a violation RPC, even of ifArticle the IV, Further, robbery the being debased the with aggravating unconscious. homicide. or violated. circumstance Although Before theft rescuers of was offenders Sec. plush condominium 7come, ofkilled Rep. Act in caretaker Makati No. 7610. City because sunbathed The the law craft committed could could be against assessed A, the taking dead against advantage persons, the accused it of is still Crimes Against the Civil Status naked at its penthouse every Sunday killing punishes is the inter Violence alia the against act persons" ofof buying which and for pretending legally helpless possible condition toas be the ofcustomers the offended victims, party Mang took are their the of Persons ALTERNATIVE ANSWER: Robbery w/ Intimidation vs. Theft (2002) In burning the cottage to hide his misdeed. morning. She was unaware that business is selling the means of a child. for committing the the crime and as Pandoy. estates wallets of and the jewelry. victims. However, the police, The couple A house and B, the unwed mother C, A entered the of another without Harry became liable for another separate executives holding office at the adjoining tall such, determinative only. However, this gives who responded to the report of the accident, Bigamy (1994) and the doctor all every involved in He the SUGGESTED ANSWER: employing force orbeing violence upon things. crime, arson. This act of was buildings reported to office Sunday way to the proviso that the penalty provided caught A. What crime orburning crimes didnot A A committed the crime of qualified theft Issa simulation and Bobby, of birth who were of the first newborn cousins, were child, was seen by a maid who wanted to scream necessary for the consummation of the two morning and, with the use of powerful for therein is "in addition to the penalty commit? Why? (5%) because he took wallets and jewelry married in Inthe 1993, Bobby told violate Rep. Act No. 7610. Their acts but was prevented from doing sowas because Aof (2) previous offenses he committed. The fact incurred binoculars, in1975. kept the acts on gazing of violence at her while (murder she or the victims with evident intent to gain and that constitute his marriage child to Issa trafficking was incestous which are threatened her with a gun. A then took that the caretaker died from the blaze did sunbathed. Eventually, her sunbathing homicide] executed by them. The crime is (People vs. Judge Alfeche, plus the fine on the occasion of crime aIVwhere vehicular accident under the law then in force and penalized under Article of said law. money not qualify and other Harry's and into left. a killing Is complex A became the talk ofvaluables the town. 1) therefore What crime, similar to a robbery a is mentioned therein. SUGGESTED ANSWER: wherein he took advantage of the helpless void ab initio. He married Caring. Crimes Against Honor guilty of theft or of robbery? Explain. (3%) crime of arson with homicide for there is no if any, did Pia commit? Explain,giving 2) What committed byrobbery reason thereof, rise only A is liable for because ofcharged the Charged with bigamy, Bobby raised the crime SUGGESTED ANSWER: condition of the victims. But only one Hence, Harry was improperly with Crimes Against Chastity such crime. crime, if any, did the business executives to one indivisible offense 1) Pia did not commit a crime, The felony intimidation he employed on the maid before defense that his first marriage is void ab of qualified theft was committed although the complex crime of arson with quadruple Libel (2002) Explain. commit? closest to making Pia criminally liable is of the taking ofmore the money and other valuables. initio therefore, isVexation no previous there were than one victim divested of a homicide and robbery. Harry should have A. ofAand was nominated Secretary Acts Lasciviousness vs.there Unjust (1994) Grave Scandal, but then such act is not to be It is the intimidation of person relative to the marriage to speak of. Will you sustain been their valuables, charged with because three (3) all the separate taking crimes, of the Department in the Executive Branch of the When is embracing, kissing and touching a SUGGESTED ANSWER: considered as highly scandalous and taking that qualifies the crime as robbery, Bobby's defense? valuables were made on one and the same murder, theft and arson. government. His nomination was thereafter girl's breast considered only defense, unjust vexation No. I will not sustain Bobby's Bobby Theft; Qualified Theft (2006) offensive Robbery; Rape against (1997) decency good customs. instead of simply theft. Theand non-employment occasion, thus constituting a continued submitted to the Commission on instead of acts of lasciviousness? remarried in 1993, or after the Family Code 1. Forest Ranger Jay Velasco was patrolling In the first place, it was not done in a public After raping the complainant in her house, of force upon things is of no moment crime. SUGGESTED ANSWER: Appointments for confirmation. While the took effect onembracing, August 3, 1988, and therefore the Balara Watershed Reservoir place androbbery within public knowledge or view. the accused struck aand match to smoke because is committed not only by a The acts of kissing of awhen woman Commission was considering the nomination, his capacity to marry in 1993 shall be he noticed a big pile of cut logs outside the As a matter of out fact it was discovered the cigarette before departing from theby scene. employing force upon things but also by arising either of passion or caused other motive a group of concerned citizens to be governed by said Code. In Art. 40 of the gate of the watershed. Curious, he scouted executives accidentally and they have to use The brief light from the match allowed him to employing violence against or intimidation of and the touching of her breast as a mere published init the newspapers a absolute full-page Robbery w/ Rape (1999) Family Code, is mandated that the around and after a few minutes, he saw notice binoculars a of watch to have in public her wrist. and full He lewd view demanded of Pia persons. incident the embrace without design statement objecting to B, A's appointment They 2) The business executives did not When commit Two young men, A and conspired to rob a nullity of a previous marriage maybe invoked Rene and Dante coming out of the gate with sunbathing in the nude. that she hand over the watch. she constitutes merely unjustdependent, vexation that (People alleged that A was a drug he any crime. Their acts could not be acts of residential of things of value. They for purposes of remarriage on basis solely some more newly-cut logs. He apprehended refused, hehouse forcibly grabbed itthe from her. The us, Ignacio. CAmistresses, GRNo. 5119-R, September 30, had several and that he was lasciviousness [ascommission there wasproper no lustfulof succeeded inthem the ofovert their original of a final judgment declaring such previous and charged with the offense. accused was charged with and convicted However, where the kissing, 1950). corrupt, having accepted bribes or favors SUGGESTED ANSWER: SUGGESTED ANSWER: act), or slander, asshort, the eventual talk of the plan to rob. A, however, was marriage void. In there is a sexually need of What is simply that offense? Explain. the special complex crime of robbery with embracing and the touching of the breast of The offense is Qualified Theft under Sec. 68 from parties transacting business in his No. the court erred in convicting the accused town, resulting from her sunbathing, is not aroused when he saw the lady owner of the a judicial declaration of such nullity rape. Was the court correct? a woman arecomplex done with design, the of P.D. 705, P.D.lewd No. 330, which previous office, and therefore heexecutives, was unfit for of the special crime of robbery with directly imputed to the business house and so,amending raped her. before Bobby may validly remarry same constitute acts of lasciviousness (People Bigamy (1996) penalizes any person who directly or the position to which he had been nominated. The lady victim testified B did notbe in any rape. The accused should instead held and Adultery besides (2002) such topic isthat not 211 intended to (Dorothy Terre vs. Jordan Terre, SCRA 6). vs. Percival Gilo, 10 SCRA 753). Joselito married Ramona in July, 1995, only to indirectly cuts, gathers, removes, or As Slander a result by Deed of vs. the Maltreatment publication, (1994 the ) nomination way participate in the rape but B watched liable forortwo (2) crimesintercourse of robbery A, defame a married putwoman, Piaseparate to ridicule. had sexual learn later on that Ramona was previously smuggles timber, or other forest products was not confirmed by the Commission on Distinguish slander by deed from the from a window and did and rape, since the primary intent or withhappening a man who was not her husband. The SUGGESTED ANSWER: married to David, from whom Ramona had SUGGESTED ANSWER: from any of the public forest. The Balara Appointments. The official sued the maltreatment. nothing stop the rape. Is Bcitizens as criminally objective the accused only to and rape the Iman will acquit the concerned the didtoof not know she was was married. What SLANDER BY DEED afrom crime committed been separated for is more than ten years. Watershed is protected by the cited laws. concerned citizens and the newspapers for liable as A for robbery with rape? Explain. complainant, and his commission of the newspapers involved, the crime of libel, crime, if any, did each of them commit? 2. During the preliminary investigation and when a person publicly subjects another to Believing that his marriage to Ramona was an SUGGESTED ANSWER: libel and damages on account of his nonSUGGESTED ANSWER: (4%) (2%) robbery was merely an afterthought. The because obviously they made the Why? Yes, B is as criminally liable as A for the up to the trial proper, Rene and Dante an act intended or calculated to cast absolute nullity, Joselito contracted a A, the married woman, committed crime confirmation. you decide case? robbery must How precede the rape. Inthe order to denunciation out ofwill a moral or social duty composite crime of robbery with rape under contended that if they were to be held liable, dishonor, discredit or contempt upon the subsequent marriage with Anabelle. Can of adultery under Article 333 of the Revised (3%) give rise there to the special of complex and thus is absence malice.crime for SUGGESTED ANSWER: Art. 294 (1). Although the conspiracy ofto A the their liability should be limited only Theft (1998) latter. Absent the intent to cast dishonor, Joselito be prosecuted for bigamy? Explain. Penal Code, as amended, for having sexual Since A was a candidate for very important which the court convicted theaaccused. Yes, Joselito can be prosecuted for bigamy and B found was only to arob, was present when newly-cut logs found inB possession but discredit, contempt, or insult to the offended Mario a watch in atheir jeep he was riding, intercourse with aDepartment man not her husband public position of Secretary, his for his subsequent marriage with Anabelle the rape was being committed which gave not to those found outside the gate. If you and party, since the crime it did is only not MALTREATMENT belong to him, he while her marriage isphysical still subsisting. But the moral, mental and fitness for the even though hispar. marriage Ramona was SUGGESTED ANSWER: rise towho a composite crime, a single indivisible were the judge, what will be your ruling? under Art, 266. 3, knowledge where, by deed, approached P with and delivered the man had carnal of her, not public trust inpoliceman such position becomes aan public The contention is untenable, the presence of an absolute nullity. offense of robbery with rape. B would not (2.5%) offender ill-treats another without causing watch with instruction to return the same toat knowing her to beinterest married, shall not be liable concern as the of the public is Despite the nullity of the first marriage, the newly cut logs outside the gate is Slander vs. Criminal (2004) Concubinage (1994) have been liable had heto endeavored tothat the whoever injury. may beConversation found be the owner. for adultery. stake. It is pursuant to such concern Joselito should have filed a case circumstantial evidence, which, ifof unrebutted, Distinguish but briefly between oral P failed to clearly return the watch to theBut owner Abe, married towas Liza, contracted another prevent the commission of the rape. denunciation made; hence, bereft dissolution of such marriage under Art. 40,forof establishes that they are the offenders defamation and criminal conversation. and, instead, sold it in and appropriated marriage with Connie Singapore. since he did not when he could have donewho so, B. If defamatory imputations are made not malice. Family Code, before contracting a second SUGGESTED ANSWER: gathered the same. himself the proceeds of the sale. Thereafter, Abe and Connie returned to the he inpublication effectofacquiesced with the rape as a by by inknown the newspapers Theft; Stages Execution (1998) Oral defamation, as SLANDER, but is a marriage with Anabelle. Robbery w/ Rape; Conspiracy (2004) Philippines and lived as husband and wife in component of the robbery and so he is also broadcast over the radio, do they constitute Bigamy (2004) In the jewelry section of a act, big omission, department malicious imputation ofreasoned any Together XA, YB and ZC planned to rob Miss Charged with theft, P out that SUGGESTED ANSWER: the hometown of Abe Calamba, Laguna. he 1) liable for robbery with in rape. libel? Why? (2%) CBP isbecause legally married to OEM. Without store, Julia snatched abecause couple ofwas condition or circumstance against abracelets person, OD. They entered her house by breaking one Yes, cannot be found libel guilty may be committed it not by he Can Abe be prosecuted for bigamy? 2) If not, ALTERNATIVE ANSWER: obtaining aANSWER: marriage CBP contracted and put these inArticle herlicense, purse. At the store's done orally inthe public, tending to cause of the windows in her house. After taking her SUGGESTED who found watch and, moreover, the radio broadcast 355 of the Revised can he be prosecuted for any other crime? 2. The argument raised by A, B and C guard is not a second marriage to RST. Is CBP liable for exit, however, she was arrested by the dishonor, discredit, contempt, 1) No, Abe may not be prosecuted for personal properties and as they were about watch Penal turned Code punishes out their to beliability stolen libel committed property. Is P's by correct because islatter. not only for SUGGESTED ANSWER: bigamy? Reason briefly. (5%) after being radioed by the store personnel embarassment or ridicule to the This SUGGESTED ANSWER: bigamy ... to leave,valid? XA decided onheld impulse tofor rape OD. defense [5%] means, among others, of liable radio broadcast, Whether CBP could be bigamy Robbery but for the special complex crime of No, who P's caught defense the is act not in valid. the store's In a charge moving for is a crime against honor penalized in Art. 358 2) Yes, Abe, together with Connie, may be As XA was molesting her, YB and ZC stood inasmuch as the broadcast made by radio is or not, depends on that whether the second Robbery Butpersonal the facts stated SUGGESTED ANSWER: theft, camera. iswith enough Isdoor the crime the consummated, property of the it Revised Penal Code. prosecuted forhomicide. concubinage under Art. outside the ofdefamatory. her bedroom and did a334 public and may be The crime is consummated theft because marriage is invalid or valid even without impresses that separate crimes of Robbery CRIMINAL CONVERSATION. The term ishaving used subject frustrated, thereof or attempted? belongs to[5%] another and notthe to of the Revised Penal Code for Libel (2003) nothing to prevent XA from raping OD. What taking of license. the bracelets was after marriage Although as acomplete general rule, "and" Homicide were charged, which is not in making a polite reference to sexual the offender (P). It is irrelevant whether the cohabited as husband and wife. But During seminar workshop attended by crimesucceeded or acrimes didputting XA, YB them andlicense ZC Julia in in commit, heraare purse. marriages solemnized without correct. What was was single intercourse as in person deprived ofacommitted the possession of the concubinage being private crime requires government employees from the Bureau of and what is the criminal liability of each? Julia acquired complete control of Theft the null and void ob initio, there are marriages indivisible offense of Robbery with homicide, watch has or has no right to the watch. the sworn complaint of Liza, the offended Customs and the Bureau Explain briefly. (5%) bracelets after in her purse; exempted fromputting licensethem requirement under not crimes. is two in spouse accordance Chapter 2, Title 1 of the

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Entrapment vs. Instigation (1995)

Distinguished entrapment from SUGGESTED Instigation.ANSWER:

In INSTIGATION, the instigator practically induces the prospective accused into commission of the offense and himself becomes co-principal. In ENTRAPMENT, ways and means are resorted to for the purpose of trapping and capturing the lawbreaker w hile executing his criminal plan. Instigation (1995) Suspecting that Juan was a drug pusher, SPO2 Mercado, leader of the Narcom team, gave Juan a Pl00-bill and asked him to buy some marijuana cigarettes. Desirous of pleasing SPO2 Mercado, Juan went inside the shopping mall while the officer waited at the corner of the mall. After fifteen minutes, Juan returned with ten sticks of marijuana cigarettes which he gave to SPO2 Mercado who thereupon placed Juan under arrest and charged him with violation of The Dangerous Drugs Law by selling marijuana cigarettes. Is Juan guilty of any SUGGESTED ANSWER: offense punishable underofThe Juan cannot be charged anyDangerous offense Drugs Act? Discuss fully. punishable under The Dangerous Drugs Act. Although Juan is a suspected drug pusher, he cannot be charged on the basis of a mere suspicion. By providing the money with which to buy marijuana cigarettes, SPO2 Mercado practically induced and prodded Juan to commit the offense of illegal possession of marijuana. Set against the Entrapment vs. Instigation (2003) defense available facts instigation is a valid Distinguish fully between entrapment and to Juan. instigation in Criminal Law, Exemplify each. SUGGESTED ANSWER: 4% In ENTRAPMENT 1 the criminal design originates from and is already in the mind of the lawbreaker even before entrapment; 2 the law enforcers resort to ways and means for the purpose of capturing the lawbreaker in flagrante delicto- and 3 this circumstance is no bar to prosecution and conviction of the lawbreaker. In INSTIGATION1 the idea and design to bring about the commission of the crime originated and developed in the mind of the law enforcers; 2 the law enforcers induce, lure, or incite a person who is not minded to commit a crime and would not otherwise commit it, into committing the crime; and this circumstance absolves the 3 accused from criminal liability (People v. Dante Marcos, 185 SCRA

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Example of Entrapment: A, an anti-narcotic agent of the Government acted as a poseur buyer of shabu and negotiated with B, a suspected drug pusher who is unaware that A is a police officer. A then issued marked money to B who handed a sachet of shabu to B. Thereupon, A signaled his anti-narcotic team to close-in and arrest B. This is a case of entrapment because the criminal mind is in B already Example of Instigation: when A transacted with him. Because the members of an anti-narcotic team are already known to drug pushers. A, the team leader, approached and persuaded B to act as a buyer of shabu and transact with C, the suspected drug pusher. For the C. After CA handed the sachet of shabu to B purpose, gave B marked money to be used and the latter handed in buying shabu from the marked money to C, the team closed-in and placed B and C under arrest. Under the facts, B is not criminally liable for his participation in the transaction because he was acting only under instigation by the law enforcers.

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Highways and in the discharge of his official administrative functions, did then and there willfully and unlawfully work for and facilitate the approval of B's claim for the payment of the price of his land which the government had expropriated, and after the claim was approved, the accused gave B only P1,000.00 of the approved claim of P5,000 and willfully and unlawfully appropriated for himself the balance of P4,000, thus causing undue injury to B and A has a motion to quash the information, the filed Government." contending that it does not charge an offense. Is he correct? SUGGESTED ANSWER:

Yes, the contention of A is correct. The information failed to allege that the undue injury to B and the government was caused by the accused's manifest partiality, evident bad faith, or gross Inexcusable negligence, which are necessary elements of the offense charged, ie., violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. The accused is employed in the Office of the Special Penal Laws District Engineer of the DPWH which has nothing to do with the determination and Anti-Carnapping Act; Carnapping w/ Homicide (1998) fixing of the price of the land expropriated, Samuel, a tricycle driver, plied his usual and for which expropriated land the route using a Honda motorcycle with a Government is legally obligated to pay. There sidecar. One evening, Raul rode on the is no allegation in the information that the sidecar, poked a knife at Samuel and land was overpriced or that the payment of instructed him to go near the bridge. Upon the amount was disadvantageous to the reaching the bridge, Raul alighted from the Government. It appears that the charge was motorcycle and suddenly stabbed Samuel solely based on the accused having followed several times until he was dead. Raul fled SUGGESTED ANSWER: up the payment for B's land which the from the scene taking the motorcycle with Raul committed the composite crime of Government has already appropriated, and him. What crime or crimes did Raul commit? Carnapping with homicide under Sec. 14 of that the accused ALTERNATIVE ANSWERS: eventually withheld for |5%] Rep. Act No. 6539, as amended, considering himself the price of athe said to land, the 1. Yes, Afrom is correct in filing motion quash that the killing "in the course or "on the amount of P4,000 forSection his services. No the information because 3(e) of occasion of a carnapping (People vs. De la violation Act of Section 3(e) ofonly the to Anti-Graft and Republic 3019 applies officers and Cruz, et al. 183 SCRA 763). A motorcycle is Corrupt Actofappears. At most, the accused employees government corporations included in the definition of a "motor vehicle" should bewith merely charged administratively charged the grant of licenses or permits in said Rep. Act, also known as the 'Antior other concessions, and not to DPWH, Carnapping Act of 1972'. There is no 2. A is In the case of Meforda vs. which isnot not correct. a government corporation. apparent motive for the killing of the tricycle Sandiganbayan. 151 SCRA 399, which driver but for Raul to be able to take the involves a substantially identical information ALTERNATIVE ANSWER: motorcycle. The fact that the tricycle driver as the Information quoted in the question, the The crime committed by Raul is carnapping, was killed brings about the penalty of Supreme Court held that the Information was punished by Section 14 of Rep. Act No. 6539. reclusion perpetua to death. valid. While it is true that the information The killing of Samuel is not a separate crime quoted In the question, failed to allege but only an aggravating circumstance. evident bad faith, gross inexcusable negligence or manifest partiality, said Anti-Graft & Corrupt Practices - RA 3019 (1997) Information Is nevertheless adequate because A is charged with the crime defined in it averred the three (3) elements for the Section 3(e) of the Anti-Graft and Corrupt violation of Section 3(c) of RA. 3012 when it Practices Act in an Information that reads: stated (1) that the accused is a public officer That from 01 to 30 January 1995, in the City of and within the jurisdiction of this Honorable Court,at the time the commission of the crime, Pasig 154. of [1990]). the accused, being then employed in the Office of being employed in the Office of the District District Engineer, Department of Public Works andEngineer, DPWH; (2) that the accused caused the undue Injury to B and the Government, with the statement that BT the owner of the land, received only P1,000.00 instead of the full value of P5,000.00; and (3)


of Section that Manila penalty in the isfor a33 discharge member the ofviolation P.D.of 704 ofthe A's of which 14K said official Gang makes law isselling it administrative shabu reclusion unlawful and for perpetua marijuana. any functions, person to death. SPOl tohe knowingly Lorenzo "did (Sec.then 20-A, and and R.A. SPO3 there Peralta No. possess, 6425, willfully were deal as instructed amended). in, andorunlawfully sell for to conduct profit workany forfish and Dangerous Drugs Act;buy-bust Consummation of Sale (1996) facilitate surveillance which have thebeen and approval illegally of his caught. operations claim During xxx against and the Pat. Buensuceso, posing as a buyer, "willfully Lay. trial, Their the three and informant unlawfully vendors contacted claimed appropriate Lay thatand for they a 2:00 in the afternoon 1993. approached Ronnie, aaon suspected drug himself meeting bought the the was fish balance arranged fromof P4,000.00 fishing atFebruary T. Pinpin boat x14, Restaurant which x x". An SPO1 Lorenzo andnot SPO3 Peralta, acting as pusher, and offered to buy P300 worth information at they duly identified. need The employ prosecution or use theof very poseur-buyers, purchased fromback Lay 10 sticks shabu. Ronnie then left, came five words or however claimed language that of the the statute. three vendors It may also Anti-Hazing law – RA 8049 (2002) of marijuana and paid P500. Later, Lay minutes later and handed Pat, Buensuceso use words should nevertheless or language be of held similar liableimport. for the agreed sell towere them one kilo ofshabu. driedin What isto hazing as defined by law? an aluminum foil containing the offense as they the ones caught SUGGESTED ANSWER: marijuana fruiting tops which he gave (2%) However, Buensuceso was them able to possessionbefore of thePat, fish illegally caught. On the Hazing, as defined by law, is an initiation rite SUGGESTED ANSWER: at his of residence. deliver the money to Ronnie, the basis themarked above facts, if you were the No, Ipolicemen would not convict the three fish vendors or practice as a prerequisite for admission The arrested Lay and a search latter spotted a policeman at a distance, judge, would you convict the three fish if I were the judge. possession of such into membership inMere a fraternity, or was conducted. Found were 356 sorority grams of whom Ronnie knew to be connected with the vendors? Explain. fish without knowledge of the fact that the organization by placing the recruit, neophyte marijuana seeds, 932 grams of marijuana Narcotics Command of the Police. Upon same were caught with theofuse of explosives or applicant in some embarrassing or was fruiting tops and 50 sticks seeing the latter, Ronnie ran marijuana away but does not by itself render the seller-possessor humiliating situations such as forcing him to cigarettes. What offenselater or offenses Lay arrested thirty minutes by otherdid SUGGESTED ANSWER: criminally liable under P.D. 704. Although the do menial, silly, pursued foolish and similar tasks commit? [5%] policemen who him. Under the or Lay committed offenses of illegal SUGGESTED ANSWER: act penalized inthe said Decree may be aselling malum activities or otherwise subjecting him to circumstances, would you consider the crime Yes, the sale of prohibited drug ispossession, already of dangerous drugs illegal possession of prohibitum, the law and punishes the physical or psychological suffering or injury. of sale of a prohibited drug already consummated although the marked money dangerous drugs which should be made What does the law before dealing in or selling ofrequire such fish only when consummated? Explain. was not yet delivered. When Ronnie handed subject of separate informations. initiation rites may be performed? (3%) "knowingly" done that the fish were caught SUGGESTED ANSWER: The crime of illegal selling of dangerous the aluminum containing the shabu to with the use offoil explosives; hence criminal Section 2committed of Rep.pursuant Act No. 8049 (Anti-Hazing drugs is as regards the 10 sticks Pat. Buensuceso to their agreed intent is essential. The claim by the fish Law) requires that before hazing or Payment initiation of marijuana and as regards the one (1)from kilo sale, the crime was consummated. vendors that they only bought the fish rites may be performed, notice to the school dried marijuana tops, which of should of the consideration is not an element fishing boats whichfruiting they "duly identified", authorities or head of organizations shall be be subject of two (2) separate informations requisite of the crime. If ever, thefish marked renders their possession of such innocent given seven (7) days before the conduct of because acts were committed atthat different money the isthe only evidentiary to strengthen the unless prosecution could prove they Illegal Possession of Firearms – RA 8294 (1998) Dangerous Drugs Act; Criminal Intent to Posses (2002) such rites. The written notice shall indicate times and in different places. case of the prosecution. have knowledge that explosives used in (3) days; (b) the ofwalking those to be The crime of Illegal possession ofwere dangerous Supposing a public teacher A his fiancee B school were in the plaza (a)and the period of names the initiation activities, not catching such fish, and the accused had subjected to such activities, and (c)an an drugs is committed as d'etat regards the marijuana participated in aa coup using when exceeding they three met group of policemen who knowledge thereof. undertaking that tipped no physical violence shall seeds, marijuana fruiting tops and marijuana unlicensed firearm. What crime orwas crimes had earlier been off that A in did SUGGESTED ANSWER: be employed by anybody during such cigarettes which are not the subject the he commit? [2%] possession of prohibited drugs. Uponofseeing CHILD ABUSE; RA 7610 (2004) The public school teacher committed only initiation rites. sale.policemen Another information filed for the and sensingshall thatbe they were Mrs. MNA was charged of child abuse. It His coup d'etat his participation therein. this. after him, A for handed a sachet containing appears the evidence that she use of an unlicensed firearm isher absorbed Dangerous Drugs Act (2006) shabu tofrom his fiancee B, telling to failed hide in ittoin give immediately the required medical the coup d'etat under the new firearms law After receivingThe reliable information her handbag. policemen saw B that placing attention to her adopted child, BPO, when he (Rep. Act No. 8294). A prosecution for illegal Dante Ong, a notorious drug smuggler, was the sachet inside her handbag. If B was was accidentally bumped by her car, possession of firearm under the new law is arriving PAL 181, Chief unawareon that A Flight was a NO. drugPR user orPNP pusher or SUGGESTED ANSWER: resulting in his head injuries and impaired allowed only if the unlicensed firearm was Inspector Samuel Gamboa formed a group of that what was inside the sachet given to her No, B will not be criminally liable because she vision that could lead to Ong night blindness. The not used in the commission ofarrived another crime. anti-drug agents. When at the was shabu, is she nonetheless liable (2000) under Illegal Possession ofA Firearms Ammunitions is unaware that was a &drug user orseized pusher accused, according to the social worker on airport, the group arrested him and his the Dangerous Drugs Act? (5%) A has long been wanted by the police or of the content of the sachet handed to her the case,case. usedUpon to whip him when he failed attache inspection inside the to authorities for various crimes committed by A, and therefore the criminal intent to come home on time from school. Also, to by Immigration holding area, the attache case him. Acting on anbags information a tipster, possess drug in violation ofby the punish him for carelessness in washing yielded 5the plastic of heroin weighing 500 She moved to quash the charge on thewould the police proceeded to an apartment where Dangerous Drugs Act is absent. There dishes, she sometimes sent him to bed grams. Chief Inspector Gamboa took the ground that there is nocriminal evidence she A was often seen. The tipster warned the be no basis impute liability to her without supper. attache caseto and boarded himalso in an maltreated her adopted child habitually. She policemen thatdriven A was always armed.Lorbes. At the in the absence of animus possidendi. unmarked car by PO3 Pepito Dangerous Drugs Plea-Bargaining (2004) by addedaddress, that theAct; accident was caused her given a lady who introduced On thewho wayisto30Camp Crame andcharged upon herself nearing MNO, years old, was as a driver's negligence. She did punish her ward as the Plains elder sister A, opened door and White cornerof EDSA, Chief the Inspector drug pusher under the Comprehensive for the naughtiness orin carelessness, but only let policemen inside, the team found A Gamboa ordered PO3 Lorbes toDuring stop the car. SUGGESTED ANSWER: Dangerous Drugs Act of 2002. premildly. Is her motion meritorious? Reason sleeping on the floor. Immediately beside him They brought out the drugs from No, the motion to quash is not meritorious. trial, he offered towhich, plead guilty to the the case lesserinIt briefly. (5%) was a clutch bag when opened, the trunk and gotthat 3 use plastic sacks of heroin. is not necessary movant's maltreatment offense concerning of dangerous drugs. contained a .38Ong caliber paltik revolver and a They then told to alight from the car. of a child be "habitual" to constitute child Should the Judge allow MNO's plea to the hand grenade. After verification, the Ong left with the 2 remaining plastic sacks of abuse. SUGGESTED The ANSWER: wrongful acts penalized as "Child lesser offense? Explain briefly. (5%) authorities discovered that A was not a heroin. No, the Chief Judge Inspector should not Gamboa allow MNO's advised plea him to Abuse" under Rep. Act No. 7610 refers to the licensed holder of the .38 caliber a offense, plea-bargaining in tolesser keep silent and gochild, home whichpaltik the latter maltreatment of because the "whether habitual revolver. As for the hand grenade, it was did. prosecutions Unknown of to drug-related them, an NBI cases team is of no agents or not": this is expressly stated in Sec. 2(b) of established thatby only military personnel are had longer been allowed following them Act and No. witnessed 9165, the the SUGGESTED said Law. ANSWER: Mrs. Rep. MNA should be liable for authorized to carry hand grenades. transaction. child abuse. They arrested Chief Inspector Subsequently, A was charged with theanother crime Gamboa and PO3 Lorbes. Meanwhile, of of Firearms and arrested NBIIllegal teamPossession followed Ong and likewise Ammunition. During trial, A maintained that him. All of them were later charged. What are the bag containing the unlicensed firearm their respective criminal liabilities? (5%) and hand grenade belonged to A, his friend, and

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Child Abuse; RAnot 7610 that Comprehensive Chief the he Inspector was Gamboa in(2006) actual Dangerous and possession PO3Drugs Pepito thereof Act of Eduardo Quintos, widower for the past 10 Lorbes 2002, at the regardless time who he conspired was ofaarrested. the inimposable taking Are the the penalty. attache years, felt that his retirement at the age of case allegations are liable meritorious? for the following Explain.crimes (3%) SUGGESTED ANSWER: Highway (2001) 70 gaveRobbery him the to engage defined under RA.opportunity 9165: a) Sec. 27 for in his A's allegations are not meritorious. Police Diego Chan, being member of favoriteSgt. pastime — voyeurism. Ifanot using his misappropriation or failure to account for the Ownership is not an essential element of the the Theft and Robbery Division of the high-powered binoculars to peep confiscated or seized dangerous drugs.at b) his crime possession of firearms Western Police District and assigned to the neighbor's homes domestic his Sec. 4 of in illegal relation toand Sec. 3(ee) foractivities, theirand acts ammunition. What the law requires is merely South Harbor, privy towho andyoung more second choiceManila, was of towas follow sweet as protector/coddler Dante Ong possession, which includes not only actual In addition, by allowing Ong to escape or less familiar with the schedules, routes girls. Onedrugs day, he trailed a teenage girl up to imported physical butimportation also constructive prosecution forthe illegal illegal and of movements of or container the hours LRTpossession station at EDSA-Buendia. While possession where the firearm and explosive transportation of dangerous drugs, where vans, as well as the mobile police patrols, ascending the stairs, he stayed one step are subject toand the penalty isone's life imprisonment death, from the pier area to moment theand different export behind her in control a oftobravado, management. (People us. De Grecia, 233 SCRA they are also liable for qualified bribery processing zones outside Metro Manila. From placed his hand on Bribery her left hip and gently PD 46 & RA 6713 & Indirect (2006) 716; U.S. vs. Juan, 23 Phil. 105: People vs. Soyag, under Art. 211-A of the Revised Penal Code. time to time, he gave valuable and detailed massaged it. She screamed and shouted for Commissioner Marian Torres of the Bureau of ALTERNATIVE ANSWER: With respect to Dante Ong, he is guilty of 110 Phil. 565). information on these matters to a group help. Eduardo was arrested and charged with internal Revenue (BIR) wrote solicitation The crime should be Other Acts of Child illegal importation of dangerous drugs interested in those shipments in under said acts ofaddressed lasciviousness. designation of letters to the Filipino-Chinese Abuse under Section 10Is ofthe RA. 7610, par. b Sec. 4, R.A. 9165, if PR 181 is an container vans. On(5%) several instances, using the crime of correct? Chamber Commerce and Industry and to of Section 3 that refers to child abuse international flight. IfasPR 181basis, is a domestic the saidCEOs information their thewhich gang certain of various multinational committed by any act, deeds or words flight, he is liable for violation of Sec. 5, hijacked andrequesting pilfered the contents of RA. the corporations donations of gifts for debases, degrades or demeans the intrinsic 9165 for illegal transportation of dangerous vans. Prior to their sale to "fences" in her office Christmas party. She used Dangerous Drugs Act (6425); Marked Money worth and dignity of a child as(2000) athe human drugs. Banawe, Quezon City and Bangkal, Makati Bureau's official stationery. The response was At aboutIn 9 o'clock in the morning, a Narcom being. relation thereto, Section 10 City, the gang Informs Sgt, Chan who then prompt and so much soacts that of Group laid aoverwhelming plan to entrap and apprehend provides criminal liability for other inspects the pilfered makes his choice Commissioner Torres'goods, office was overcrowded A, a long suspected drug dealer, through a child abuse, cruelty or exploitation, or for of the valuable items and them with rice cookers, radio sets, freezers, "buy-bust" operation. At thedisposes appointed time, other conditions prejudicial to theofelectric child's through histoasters. own sources orhanded "fences". When B. A poseur-buyer marked P100 was over to A stoves and Her staff also received the approached who was development. The bill reaction of Athe victim, the highjackers were traced on one occasion P.D. 532, otherwise known as cash the Anti-Piracy who in turn, the poseur-buyer one for (1) several envelopes containing money then with screaming forgave help upon the occurrence of and arrested, upon custodial investigation, Dangerous Drug Act: Plea-Bargaining (2005) and Anti-Highway Robbery Act of 1972. Is the tea bag of marijuana leaves. The members of the employees' Christmasthat luncheon. Has touching indicates she perceived SUGGESTED ANSWER: they implicated Sgt. Chan and the fiscal Obie Juan is suspected to have in his contention of Sgt. Chan valid and tenable? the team, who were then positioned Commissioner Torres committed her dignity was being debased orany violated. Yes, Commissioner Torres violated the behind charged them all, including Sgt. Chan as not copossession an unspecified amount of Explain, (5%) thick leaves,or closed in but evidently were impropriety irregularity? What laws or following: principals. SUGGESTED ANSWER: Sgt. Chan, in his defense, claimed methamphetamine hydrochloride or “shabu”. swift enough since A of and B wereand able to run decrees did she violate? (5%) 1. RA. 6713 — Code Conduct Ethical No, the contention of Sgt. Chan is not valid or that he should not be charged as a principal An entrapment operation was conducted away. Twofordays later, A was arrested by in Standards Public Officials and Employees tenable because by express of P.D. but only as an accessory the fact under police officers, resulting inafter hisprovision arrest following connection with another incident. It appears 2. P.D. 46solicited — Making it accept punishable for public when he gifts 532, Section 4, operations, a person who knowingly and the discovery ofand 100 grams of(Sec. the said that during the the police officers officials and employees to receive, and for 7[d]). in any manner, aids or protects highway dangerous drug in his possession. He were not able toto seize the marked money was but private persons give, gifts on any robbers/brigands, such as giving them subjected to a drug test and was found were ableincluding toBribery get possession the marijuana 3. Indirect (Art. 211,ofRevised Penal occasion, Christmas. information about the movement ofanother police positive for the use of marijuana, tea bag. was subsequently prosecuted for Code) for Areceiving gifts offered by reason of officers or acquires or receives property dangerous drug. He was subsequently violation of Section 4, Article II of Republic office. taken brigands, or Violation who directly or charged with two crimes: of Section Act No.by 6425, otherwise known as the SUGGESTED ANSWER: a) Are the charges proper? indirectly the commission of trial, highway 11, Article abets IIDrugs of RA 9165 for the the possession of Dangerous During the SUGGESTED Yes. A canANSWER: be held Act, liable. The absence of the Explain. robbery/brigandage, shall be considered as “shabu” and violation of presented. Section 15,Can Article II marked money wasdangerous not be No. Themoney use of drugs isinAnot ALTERNATIVE ANSWER: marked will not create a hiatus the accomplice of the principal offenders and of RA 9165 for the use of marijuana. (5%) held liable? Explain. (2%) No, the contention ofas Sgt. Chan he committed when Obie Juan was also found prosecution's evidence long asrules thethat sale of punished in accordance with the in the should be charged only as accessory after to have in his possession such quantity of the dangerous drugs is adequately proven Revised Penal Code. the fact is not tenable he RA. was a any dangerous drug. (See s.the 11 and 16, No.is and the drug subject ofbecause transaction principal participant in the commission of the 9165) presented before the court. There was a b) So and as not to be to death, crime in pursuing the criminal design. (People perfected contract of sentenced sale of the drug An accessory after the fact involves himself in Obie Juan offers to plead guilty a vs. Ong Co, 245 SCRA 733; Peopletovs. the commission of a crime only after the Dangerous Drugs Act (6425); Plea Bargaining (1998) lesser offense. Can 625). he do so? W hy? Zervoulakos, 241 SCRA SUGGESTED ANSWER: crime hadwas already beenwith consummated, Edgardo charged importation not of No. Obie Juan cannot plead guilty to a lower before, Fordrugs his criminal participation the prohibited in an information filedinwith offense asofitthe is highjacking prohibited under the execution of the container the Regional Trial Court of Kalookan Citylaw. on (Section 23, Chan RA. Any person vans,4, Sgt. is 9165) a isco-principal by June 1994. The No. offense punishable by charged anyto provision of this Act indispensable cooperation. reclusion under perpetua death. Can Edgardo regardless of penalty shall not Illegal - PDthe 704imposable (1996) [2%] SUGGESTED ANSWER: avail Fishing of plea-bargaining? be allowed tocannot avail of the of provision No, Edgardo avail plea-bargaining Upon a laboratory examination of on thepleafish Dangerous Drugs Act (1998) bargaining. because his seized bythe the imposable police andpenalty agents for of the Superintendent Al Santiago, Chief of the violation of the Dangerous Drugs Act (R.A. Fisheries Commission, it was indubitably Narcotics Division, Police District, No. 6425. as amended) is reclusion perpetua determined that theWestern fish they were selling received information that a certain Lee Lay to death. Section 20-A expressly provides were caught with the use of explosives. of-No. 8 Tindalo Street, Tondo, that plea-bargaining shall not be allowed Accordingly, the three vendors were where the charged imposable criminally with the violation


PD 46 (1997)

A, 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 P10.000.00. The judge accepted the gift knowing it came from A. What crime or SUGGESTED ANSWER: crimes, if any, were committed? The Judge committed the crime of Indirect bribery under Art. 211 of the Revised Penal Code. The gift was offered to the Judge by reason of his office. In addition, the Judge will be liable for the violation of P.D. 46 which punishes the receiving of gifts by pubic officials and employees on occasions like Plunder under RA 7080; Prescriptive Period (1993) Christmas. Through kickbacks, percentages or commissions and other fraudulent schemes /conveyances and taking advantage of his position, Andy, a former mayor of a suburban town, acquired assets amounting to P10 billion which is grossly disproportionate to his lawful income. Due to his influence and connections and despite knowledge by the (20) years from defeat in the last authorities of hishis Ill-gotten wealth, he was elections he participated in. 1) May Andy still charged with the crime of plunder only after be held criminally liable? Why? 2) Can the twenty State still recover the properties and assets that he illegally acquired, the bulk of which is in the name of his wife and children? Reason SUGGESTED ANSWER: out. 1) Andy will not be criminally liable because Section 6 of RA 7080 provides that the crime punishable under this Act shall prescribe in twenty years and the problem asked whether Andy can still be charged with the crime of plunder after 20 years. 2) Yes, because Section 6 provides that recovery of properties unlawfully acquired by public officers from them or their nominees or transferees shall not be barred by prescription, laches or estoppel. R.A. No. 9160 Anti-Money Laundering Act (2005)

Don Gabito, a philanthropist, offered to fund several projects of the Mayor. He opened an account in the Mayor’s name and regularly deposited various amounts ranging from P500,000.00 to P1 Million. From this account, the Mayor withdrew and used the money for constructing feeder roads, barangay clinics, repairing schools and for all other municipal projects. It was subsequently discovered that Don Gabito was actually a jueteng operator and the amounts he deposited were proceeds from his jueteng operations. What SUGGESTED ANSWER: crime/s Who areAct criminally Don Gabitowere violatedcommitted? the Anti-Money Laundering (Sec. 4, liable? Explain. (6%) R.A. No. 9160) for knowingly transacting money

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as property which involves or relates to the proceeds of an unlawful activity such as jueteng. In addition, he may be prosecuted for liability as ajueteng operator. (R.A. No. 9287)

The mayor who allowed the opening of an account in his name is likewise guilty for violation of the AMLA. He, knowing that the money instrument or property involves the proceeds of an unlawful activity, performs or fails to perform any act which results in the facilitation of money laundering. Ra 3019; Preventive Suspension (1999)

A public officer was accused before the Sandiganbayan of a violation of Section 3 (e) of RA No. 3019, the Anti-Graft and Corrupt Practices Act. Just after arraignment and even before evidence was presented, the Sandiganbayan issued an order for his suspension pendente lite. The accused questioned the said Order contending that it is violative of the constitutional provision (c) Whatan pre-conditions to be against ex post facto are law.necessary Will you sustain met or satisfied before the objection of the accused? Why?preventive [2%] suspension may be ordered? (2%) SUGGESTED ANSWER:

(b) No, I will not sustain the objection of the accused. Suspension of the accused pendente lite is not violative of the constitutional provision against ex-post facto law. Ex-post facto law means making an (c) The pre-conditions necessary to be met or innocent act a crime before it is made satisfied before a suspension may be ordered punishable. are: (1) there must be proper notice requiring the accused to show cause at a specific date of hearing why he should not be ordered suspended from office pursuant to RA 3019, as amended; and (2) there must be a determination of a valid information against PD 46 (1994) the accused that warrants his suspension. Gino was appointed Collector of Customs and was assigned at the Ninoy Aquino International Airport, Gerry, an importer, hosted a dinner for 100 persons at the Westin Philippine Plaza in honor of Gino. What are the offense or offenses committed SUGGESTED ANSWER: by Gino and Gerry? Both Gino and Gerry are liable for violation of Presidential Decree No. 46, which punishes any public official or employee who receives, directly or indirectly, and for private persons who give, offer any gift, present or valuable thing on any occasion, including Christmas, when such gift or valuable thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors, or the giver hopes or expects to receive a favor or better treatment in the future. Being an importer, Gerry reasonably expects future favor from Gino. Included within the prohibition is the throwing of parties or entertainment in honor of the official or employee or of his immediate relatives.

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