DEADLINE: FRIDAY 5PM

Person Question Answer Topher: Agree or

Assigned disagree with the
answer? Any
comments?

Mikki How is incriminatory Incriminatory machinations (Title 13, Agree.

machination Chapter 2) can be committed
committed? through incriminating an innocent
person or intriguing against honor.

Art 363. Incriminating innocent

person
1. Offender performs an act
2. By such act, he directly
incriminates or imputes to an
innocent person the
commission of a crime
3. Such act does not constitute
perjury

Art 364. Intriguing against honor

1. A person who shall make an
intrigue
2. Such intrigue has for its
principal purpose to blemish
the honor or reputation of a
person

Sasha In the context of the (a) In the context of Article 354, Agree.
law on libel, (a) privileged communication is
discuss the notion of defined as exceptions to the
privileged presumption that every
 communication, its defamatory imputation is
types and the legal malicious. These are:
consequences (i) A private communication made by
thereof; (b) when is any person to another in the
proof of truth a performance of any legal, moral, or
defense? social duty; and
(ii) A fair and true report, made in
good faith without any comments or
remarks, of any judicial, legislative,
or other official proceedings which
are not of confidential nature, or of
any act performed by public officers
in the exercise of their function.

The two kinds of privileged

communications are: (1) absolute;
and (2) conditional or qualified.

A communication is said to be
absolutely privileged when it is not
actionable, even if the actor has
acted in bad faith. It is practically
limited to legislative and judicial
proceedings and other acts of the
state. Conditionally or qualified
privileged communications are those
which, although containing
defamatory imputations would not
be actionable unless made with
malice or bad faith.

(b) Proof of truth is admissible as a

defense in any of the following:

(i) When the act or omission

imputed constitutes a crime
regardless of whether the offended
party is a private individual or public
officer
(ii) When the offended party is a
government employee, even if the
act or omission does not constitute a
crime, provided it is related to the
discharge of his official duties (Art.
361, RPC)

Kach Distinguish The following are what HAHA Agree.

bigamy from distinguishes bigamy (Article
adultery. 349) from adultery (Article
 333):
In adultery, the act or crime
by the offending party being
punished is having sexual
relations with a man not her
husband. It is not necessary
for the wife to contract a
subsequent marriage with
the man she was having
sexual intercourse with.
While in bigamy, the crime
being punished is the act of
contracting a second
marriage before her previous
marriage has been
dissolved. It must be shown
that the subsequent
marriage is valid except for
the defect that it was
contracted while the first
marriage was still subsisting.
In adultery, the offending
party must be the woman
while in bigamy, it may be
committed by either the man
or the woman.
Only the offended spouse
can initiate the action for
adultery against his wife in
cases of adultery as said
crime is a private act. While
in bigamy, anyone can
institute the action because
the offense is a public act as
it is against the state and not
the first spouse.
In cases of adultery, there
are no accomplices. On the
other hand, in cases of
bigamy, the second spouse
who knew of the first
marriage as well as the
witness who falsely attested
 to the capacity of the
offending party to contract
the marriage are identified as
accomplices to the crime.
In bigamy, the second
spouse/ offending partys
partner is not necessarily
liable for bigamy along with
the offending party. S/he
shall only be held liable if
they were aware of the
offending partys subsisting
marriage before contracting
the subsequent marriage.
For cases of adultery, the
offending partys partner is
also liable for adultery as it is
required that s/he knew of
the subsisting marriage in
order for the case to prosper.
Consent of the offended
party can bar his action for
adultery such as when
consent is manifested
through inaction (if his wife
resumed living with the co-
defendant after serving her
sentence and he did nothing
to interfere, the husband
may no longer assert his
rights in a second charge of
adultery) or through an
agreement of separation
which allows the wife the
continue with her illicit
relations with the co-
defendant (even if the
agreement is void).
However, such instances are
not applicable in cases of
bigamy, and the offended
party will still have a cause of
action against the offending
 party, not until the latter
attains a declaration of nullity
for the subsisting marriage in
order to be able to contract a
valid second marriage.
The disappearance of the
offended party in cases of
adultery without any
justification can mitigate the
punishment for the offending
party. But in cases of
bigamy, punishment cannot
be mitigated by the
disappearance of the
offended party without any
justification. It does not
excuse the contracting of the
second marriage, not unless
the offending party acquires
a judicial declaration for
presumptive death of the
offended party.
The punishment in cases of
adultery is prision
correccional in its medium
and maximum periods while
in bigamy, it is prision mayor.

Beeya When is the Complainant must wait for the Agree.

appropriate time to finality of judgment in the case
file a criminal action where false testimony was given
for false testimony against a defendant before filing a
against a defendant criminal action. This is because the
in a criminal case? violation under Art. 180 of the RPC
Why? depends upon the penalty imposed
by the court to the defendant against
whom a false testimony was given.
Defendant must be sentenced to at
least a correctional penalty or a fine,
or must be acquitted.

Kim Discuss the crime of Piracy is committed when any - High seas or in
piracy. person who, on the high seas, shall Philippine waters
attack or seize a vessel or, not being - Art. 122, RPC
a member of its complement nor a - Do offenders for
passenger, shall seize the whole or BOTH modes of
 part of the cargo of said vessel, its piracy be NOT
equipment, or personal belongings members of the
of its complement or passengers. vessels
complement or
passengers of
the vessel or no?
Reyes
Commentary
says yes. :o

Francis A is accused of Yes, because he committed - Elements of

robbery Could arbitrary detention by imprudence Arbitrary
SPO2 B be held under Article 124 of the RPC. In the Detention:
liable for arbitrary case of People vs Misa, even 1. That the offender
detention? though the accused acted without is a public officer
malice, he should have verified the or employee
order of release before proceeding 2. That he detains
to make the re-arrest. The crime a person
committed is arbitrary detention 3. That the
through imprudence. detention is
without legal
grounds

Jana SU, a field agent of SU is liable for falsification of public People v. Uy, 101
the National Bureau documents under Art. 171, RPC Phil. 159
of Investigation because the PDS was a public and
What crime, if any, official document and also, SU took
was committed by advantage of his official position
SU if he indeed when he filled up the PDS with false
made those false statements.
statements in his
PDS. Why?

Topher X, a clerk in the Falsification of private document I cant find this

office of the under Art. 172, RPC, committed case hahaha but
municipal without abuse of official position by you can refer to
treasurer what a public officer as his duty was to U.S. v. Infante, 36
crime was enter in the book the amounts paid Phil. 146
committed by X? on vouchers presented to the
treasurer for payment. The private ^ Ang chic may
document is falsified to obtain from case citations!!!
the offended party the money which
the offender later misappropriated, HAHAHA of
the deceitful purpose motivating it couuuuurse he only
serving merely as an element gives kasi full
thereof. points kapag may
proper citation
Present in the case are the huhu so its just me
elements of falsification of private being praning LOL
 document under Art. 172 (2), RPC
are:

(1) That the offender committed

any of the acts of
falsification, except those in
par. 7, enumerated in Art.
171,
(2) That the falsification was
committed in any private
document, and
(3) That the falsification caused
damage to a third party or at
least the falsification was
committed with intent to
cause such damage.

Idem KD, who appears to Yes the crime can be classified as Yes. There is no
be an area leader of rebellion only given the political complex crime of
the New Peoples motive behind the murder of RA. In rebellion with
Army (NPA)... Can it this case, the crime of murder is murder.
be contended, in this absorbed because it is in
appeal, that the furtherance of rebellion. Citing Enrile v
crime committed is Amin: Acts
not murder but An imperative fact of the case is that committed in
rebellion only? the crime of murder in killing RA was furtherance of
Why? politically motivated, namely to rebellion though
eliminate a suspected Philippine crimes in
Army (PA) informer; murder thus themselves are
was used as a means for carrying deemed absorbed
out rebellion. in one single crime
of rebellion.

Art. 134

JV A, a lady B committed two separate crimes of It says in the other

professor for what direct assault and indirect assault. B samplex that its a
crime, if any, is B committed direct assault against A complex crime
liable? Why? because he employed force against
a person in authority by slapping Which samplex?
her. B committed indirect assault by No year, but 1-C
punching C, who aided a person in Midterms reviewer
authority
Hmmm medyo
weird actually na
may complex crime
of direct assault
and indirect
assault, cause
indirect assaults
 can only rise on
occasion of direct
assaults. Also cant
find the case for
this one :(

Art. 148-149

Hanna A wanted to A should be prosecuted for sedition Agree. Naka-2.5

eliminate his political on one hand as he, together with siya ehhh
rival for what some members of the NPA who ^^^ BEST
crime or crimes were engaged in continuing
should A be hostilities against the government, General Rule:
prosecuted? Why? acted in conspiracy and attacked As Sedition is to be
political rival. A should also be separated from
prosecuted for the separate and other crimes used
individual crimes of serious physical to attain sedition for
injuries because of infliction of such the purpose of
on the person of his rival and the imposing penalty
crime of arson because of burning (Art. 139; People v.
the house of B. Umali, 96 Phil. 185;
People v. Cabrera,
43, Phil. 64 and 82)

Paolo RM, as Vice No, RM is not liable for perjury for Art. 183
President of the the statements he made in the GIS
MHADC Can RM which he later asserted to be
be held liable for erroneous in a counter-affidavit filed
perjury for the in connection with the preliminary
statements he made investigation of a case before the
in the GIS? prosecutors office. This is because
perjury cannot be committed by
negligence.

Ervin Two rival groups of No, the crime of sedition was not Art. 139
jeepney drivers committed by them because,
did the rival groups although there was a tumultuous
of jeepney drivers uprising, its object was not to
commit sedition? prevent the policemen from freely
Why? exercising their functions, or to
attain any other object of sedition.
Objectives of sedition:
a. o To prevent the
promulgation or execution of
any law or the holding of any
popular election
b. o To prevent the National
Government, or any
provincial or municipal
government, or any public
 officer thereof from freely
exercising its or his
functions, or prevent the
execution of any
administrative order
c. o To inflict any act of hate or
revenge upon the person or
property of any public officer
or employee
d. o To commit, for any political
or social end, any act of hate
or revenge against private
persons or any social class
e. o To despoil, for any political
or social end, any person,
municipality, or province, or
the national Government, of
all its property or any part
thereof

Jed X, Y and Z, board Yes, the acts of X, Y, and Z, Agree.

members of an LPG constitute a combination to prevent
Dealers free competition in the market by
Association Can fixing the price of their merchandise,
X, Y and Z be held in violation of Art. 186(1), RPC.
liable for any crime
under the RPC on Any person who shall enter
the basis of that into any contract or
agreement/resolutio agreement or shall take part
n? Why? in any conspiracy or
combination in the form of a
trust or otherwise, in restraint
of trade or commerce or to
prevent by artificial means
free competition in the
market;

Trish Foreign Country X is No. Art. 114

planning to invade
an area of the so- Such Filipinos cannot be prosecuted
called West for treason. This is because actually
Philippines Sea assembling and gathering together
Could such Filipinos for the purpose of overthrowing the
be prosecuted for government must take place in the
treason? Why? context of war in order to constitute
treason.
Foreign country X has not yet
invaded the Philippines and is only
planning to invade the Philippines
one year from now. It cannot be said
that the Philippines is in the context
of war

The elements of treason are:

1. The offender is a Filipino
citizen or an alien residing in
PH
2. The Philippines is involved in
war
3. The offender either levied
war against the government
or adheres to the enemies,
giving them aid of comfort

The second element is not present

in this case. The Philippines is not
yet involved in war. It must first first
formally declared a war against
foreign country X.
Bea, Ryan and Mikee - MULTIPLE CHOICE QUESTIONS FOR SAMPLEX 1 (1-55) AND 2 (1-
25)
Samplex 1 41. A 25. B
1. A 42. A
2. D 43. D
3. A 44. C
4. D 45. D
5. C 46. D
6. C 47. D
7. D 48. D
8. D 49. C
9. D 50. C
10. C 51. B
11. C 52. D
12. A 53. C
13. C 54. B
14. A 55. B
15. A
16. C Samplex 2
17. D 1. C
18. D 2. A
19. C 3. B
20. D 4. C
21. D 5. B
22. B 6. B
23. A 7. B
24. B 8. B
25. A 9. C
26. D 10. C
27. D 11. A
28. C 12. C
29. B 13. D
30. C 14. B
31. B 15. D
32. C 16. B
33. A 17. B
34. A 18. A
35. B 19. B
36. A 20. B
37. C 21. C
38. D 22. B
39. D 23. D
40. A 24. A