Cedric Cedric came came home home one night night and surpr surprise ised d his wife, wife, the beauti beautiful ful De Denie niece ce,, and her paramour, Vhon, in the act of illicit sexual intercourse, but Vhong had a gun so Cedric scampered away, looked for a gun, returned and in a state of passionate outburst, killed Vhong. The latter has his gun still tucked on his waste when shot by Cedric. About one hour had already passed from the time Cedric surprised Deniece and Vhong in the act of sexual intercourse and the time the latter was actually killed. Art. 2! "#C pro$ides % Death or physical in&uries in'icted under exceptional exceptional circumstances. Any legally married person who ha$ing surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both in the act or immediately thereafter, or shall in'ict upon them any serious physical in&ury shall su(er the penalty of destierro. QUESTION 1: )f Cedric is prosecuted for the death of Vhong, which of the following could
make him best a$ail of the bene*cient e(ect of Art. 2! despite the fact that the article re+uires that the killing be done while the spouse and the other person were in the act of sexual intercourse or immediately thereafter Cedric was still blinded by his anger when he killed Vhong -#eople $. Abarca
ANSWER:
QUESTION 2: /hat about Deniece that was killed by Cedric, what crime is committed ANSWER:
010 % Art. 2! does penali3e a felony.
QUESTION 3: 4upposing Deniece was 5 months pregnant and because of shame and fear,
&umped o( from the 67 th 'oor of 8orbeswood Condo. 9nfortunately on her way down to the concrete pa$ement she fell on the shoulder of a passing :reg ;inunos who conse+uently dided. The foetus was aborted but Deniece sur$i$ed. As regards to the aborted foetus, what was the crime Deniece committed ANSWER:
01 C")< C1<<)TTD. ART. 253 o o
A person who commits suicide is not liable A woman who tried to commit suicide is not committing a felony. Thus, she is not liable for abortion for expelling the foetus instead.
:reg ;inunos, what was the crime crime committed by Deniece Deniece QUESTION 4: As regards :reg 010=. )n'icting death upon exceptional circumstances does not make one liable for in&uries sustained by third persons as a result thereof. -Art. 2!
ANSWER:
QUESTION 5: As regards to herself, Deniece is liable for what crime
010=. 4uicide is not a felony. Attempting to commit suicide is not a crime -Art. 2>5
ANSWER:
?ack and ?ill were lo$ers. 1ne day the couple went up the hill to get a pail of 4an
49AB A44A9BT. As held in #eople $. 4oriano a person is guilty of rape by sexual assault when he inserted his *nger into the $agina of his $ictim.
ANSWER:
QUESTION 7: /hat crime did ?ack commit
C1049<
ANSWER:
QUESTION 8: 4uppose ?ill had an orgasm while ?ack was manipulating his fore*nger, what
crime would ?ack be liable of "A#= character of o(ended "A#= o(ended woman woman is immaterial immaterial in rape -#eople -#eople $. ;lanco.
ANSWER:
QUEST UESTIION 9: ?inggoy, accountable public ocer, has in his possession #7,777.77
appropriated for the repair and painting of the
ANSWER:
QUESTION 10: /hich of the following is an element of serious illegal detention
a b c d e ANSWER:
"ansom Dehu De huma mani ni3i 3ing ng Acts Acts Con* Co n*ne neme ment nt of of the the $ict $ictim im 9nch 9nchas aste te desi design gn 0one 0one of the the abo abo$e $e C108)0<0T 18 T V)CT)<
01T B)A;B.
cal pistol. The *scal *led a case of Gdeath in tumultuous a(rayH against all the participants par ticipants in the melee. Do you agree "easons. ANSWER:
01.
Death caused in a tumultuous a(ray is committed whenI 6. There There are se$er se$eral al person persons s 2. That That did not compose compose groups groups organi organi3ed 3ed for the common common purpose purpose of assaulting and attacking each other reciprocally 5. That That these these se$eral se$eral person persons s +uarrele +uarreled d and assault assault one another another in a confused and tumultuous manner . That someon someone e was killed killed in the course course of the a(ray >. That it cannot cannot be be ascertaine ascertained d who actually actually kille killed d the deceased deceased J. That That the person person or persons persons who in'icte in'icted d seriou serious s physical physical in&uri in&uries es or who used $iolence can be identi*ed. 8urthermore, Art. 2>6 of the "#C pro$ides thatI G)f it cannot be determined who in'icted the serious physical in&uries on the deceased, all those who shall ha$e used $iolence upon the person of the $ictim are liableH. )n the case at bar, it was not known who *red the shots that killed Tito. Bikewise, it cannot be identi*ed who among the 7 persons actually in'icted serious physical in&uries or used $iolence against him. Thus, the case death caused in a tumultuous a(ray cannot be *led against all 7 participants since the law re+uires that the identities of the persons who
in'icted serious or physical in&uries or who used $iolence against the $ictim can be identi*ed. FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF FFFFFFFFFFFFFFFFFFFF FFFF FFFFFFFFFFFFFFFFFFFFFF 4#16 Don ?uan responded to a call for assistance from the manager of appy and :lad night club. )t appears that ;rutus, a customer, had been creating trouble in the night club, and was asked by the manager to lea$e. ;rutus pulled a gun and shot the manager, but missed and was subdued by other customers. 4#16 Don ?uan +uestioned ;rutus and found out that the latter@s gun was unlicensed. The police ocer con*scated the said *rearm. 4#16 Don ?uan sold the *rearm of ;rutus. /hat felony under the "#C, if any, did the police ocer commit :i$e the elements of the o(ense as part of the explanation in your answer. answer. ANSWER:
)n the case at bar, 4#16 Don ?uan committed mal$ersation of public property. 9nder Art. 26! of the "#C, the elements of the crime areI 6. The o(e o(ende nderr is a publi public c oce ocerr 2. That he had had the custody custody or control control of propert property y by reasons reasons of the duties duties of of his oce 5. That the prope property rty was publi public c property property for which which he he was account accountable able . That That he appr approp opri riat ated ed,, took took,, misa misapp ppro ropr pria iate ted d or cons consen ente ted d or, or, thro throug ugh h abandonment or negligence, permitted another person to take them. 4#16 Don ?uan is a public ocer who had custody of the *rearm by reason of the duties of his oce. As held in #eople $. 77 bill inside and handed it to Torres. Thereafter, Torres returned the license and allowed him to go. /hat criminal prosecution may be *led against Trac Aide Torres andLor ;; ANSWER:
Direct bribery may be *led against Trac Aide Torres as he was a public ocer, he accepted a gift to refrain from arresting ;; and con*scating his license % an act connected with the performance of Torres@ duties. 1n the other hand, ;; can be charged for corruption of a public ocial. e ga$e a gift to Torres Torres who is a public ocer, and the gift gi$en under circumstances will make the latter liable for direct bribery.
