ATENEO DE MANILA UNIVERSITY Atenco Law School CRIMINAL LAW IT MIDTERM EXAMINATION MARCH 24, 2017, 6:00-8:00 P.M. SECTION 1-E Atty. Lorenzo U. Padilla Part One EXPLAIN YOUR UNDERSTANDING 1. (a). State the elements essential for the com accused of malversation of public funds (5)%. ion of a person (b) Can restitution, payment or reimbursement be asserted as a defense against a prosecution for malversation of publie funds or property; why (5%)? 2. (a) Hew is simple theft committed and what elements must 4 complaint or information for simple theft contain in order to be sufficient (5%)? (bh) May theft be committed in the frustrated stage; why(5%)? 3. Distinguish scrious ilicgal detention from arbitrary detention Sd Part Two SOLVE THE PROBLEMS: 1. Bureau of Immigration and Deportation (BLD) agent X. conspiring with Y and Others in the BID, took and withheld the passport of A, an alien, without any Icgal purpose. Thereafter, X negotiated with A and his wife for the return of the passport and promise of assistanes in procuring a visa for A, in exchange for a payoff. In an entrapment operation, the payoif was made and received by ¥ for the group, and the passport was returned hy X to A. What crime was committed by X, ¥ and Others (5%)? 2. KD, who appears to be an area leader of the New People's Army (NPA), Sparrow Unit, directed AM, CA, DR, and VB, members of the NPA to go to Barrio Punti and kill one RA, who was suspected by KD to be a Philippine Army (PA) informer. All four of them went to the barrie ef RA, AM carrying a Browning shotgun, DR a Thompson, CA a carbine and VB, a homemade gun called Bulldog, They arrived at Punti at 9:00 A.M, and they saw RA at the -iver bank giving his carabao a bath. DR went to RA and. after a while, shot him. with his gun. AM also shot him with his Browning fallowcd with another shol by GA, as a result of which RA fell down and died. AM then placed on the dead body of RA a writing and drawing made by their association warning the people and the PA of their activities. Thereaftcr, the group returned and reported tw. KD that RA was already dead, Aller subsequent apprehension, an information was filed by the provincial fiscal charging AM, VB, and CA ‘of the crime of murder. After conviction for murder, AM appeuled. Can it be contended, in this appeal, that the crime committed is not murder but rebellion enly (5%)? 3. Araid was staged in the town of Tiaung, Quezon, between 8-00 and 9:00 in the cvening of November 14, Buc, by armed men, whe were members ‘of the New People’s Army (NPA), resulting in the burning down and complete 1eee ee destruction of the nouse of Mayor MP, ineluding its contents; the house of VR, and the house of one YM, the death of Patrolman DP and civilians VS ane LU, and the wounding of Patrolman PL and five civilians. During and after the burning of the houses, some of the raiders engaged in looling, robbing one house and two Chinesc restaurants, The raiders were Gnally dispersed and driven from the lown by the Philippine Army soldicrs whe came te reinforce those stationed in the town. The raiders did not attack the seat of locs! Government. The object if the raid was to kidnap or kill MP, who was then Mayor of Tiaong, and destroy his house, on inducement of the latter’s political a1, in propsration for Une coming elections. What crime or erimes was/were committed (5%)? 4. (a)_‘The Information for Rape against XA reads: “That on or about the 11th day of tune 2002 or prior thereto, in the City of Las Pitas, Phulippines and within the jurisdiction of this onarable Court, the ubuve-named accused, with iewd designs, did then and there willfully, unlawfully and feloniously commits [sic] act{s} of sexual assault with one [BEE), a seven (7) years [sie] old minor, by touching and inserting his finger into her vagina against her will and consent." XA asked that the charge filed against him be amended to acts of lasciviousness instead of cape since “fingering” is not covered under Article 2 A, paragraph 2 of Republic Act No. 8953, Would charges for acts of laseiviousness be appropriate? (2.5)? (b) Lf the accused is charged with acts of lasciviousness for having inserted his finger into the genital or anal orifice of the victim, cam he be convicted of rape by sexual assault (2.5%)? 5. Onc morning, an armed band, hereinafier called “X and Others”, composed of same fiftecn men, according lo some of the witnesses, and of over forty, according to others, entered the town of Binangonan and kidnapped JS, the municipal mayor; JT, provincial sccretary, who happened to be in the Lows; SA, municipal health officer; one LG, and an American whose name docs not appear. Thesc people were led along the read toward the town of Carmona; but when the party had covered about half the distance to the town, a band of Army soldiers was encountered by them. In the course of the fight which ensued, and as a result of the confusion thereby produced. the prisoners succeeded in escaping from their caplors. X and Others were also eventually captured, If all the foregoing facts are alleged in the information, without more, and proved at the trial, can K and Others be convicted of the crime of rebellion; why (5%)? Part Three ‘CHOOSE THE BEST ANSWER (2% EACH) Acts of lasciviousness may be distinguished from attempted rape in terms of: (1) the performance of nets of lascivious character; (b) the manner of committing the crise; (¢) the external manifestation of the crime; [d) the intent of the offender. 2. Where X and Others grabbed a 16-year old girl, dragged her to & nearby forest and there brutally ravished her, the crime is: (a) kidnapping with rape; (b) Tape only; (c) kidnapping only, type being a mere incident thereof, possibly aggravating the same; (d) forcible abchaction with rape 3. Which of the following may serve as basis to differentiate estafa with abuse of confidence from malversation; (a) the circumstance of 2the offender as being entrusted with funds or property; (b) the continuing nature of the offense; (6) the revulling damage or prejudice: (d) the nature of the funds or property involved as public or private. 4. Where X entered the house of Y, a woman, took her moncy and Jewelry, raped her and, then, killed her, the crime committed is: (a) rebbery with rape; (b) robbery with rape, aggravated by homicide; (c] robbery with homicide only; (a) robbery with homicide, aggravated by rape 5. Which of the following is not among the special complex crimes expressly defined in the RPC in relation to rebbery: (a) robbery with homicide; (b) robbery with sape; () attempted or frustrated robbery with homicide; (d) robbery with frustrated homicide or murder. 6. The common clement in various forms of grave coercion is: (a) preventing another from doing omiething not prohibited by law; (b) compelling another to do something against his will, (¢) use of violence or such display of foree as controls the will of the victim; (d) demand for money or imposition of condition. 7. A domestic servant who, taking advantage of the abscnce of the owner thereof, broke open a locked chest and took money and jewelry therefrom and, thereafter, spent the proceeds for her own benefit, committed the crime of: (a) simple theit; (b) qualified theft; (c) estafa with abuse of confidence; (1) robbery with force upon things — 8. X, who picked the pocket of ¥, sueceeding to extract ¥’s wallet therefrom, but threw it away, seconds aftcrwards, after finding it empty, allowing Y, whe was running after X, to retrieve it, is: (u) quilty of theft (b) guilty of unjust vexation; (¢) guilty of an impossible crime; (d) not guilty of any erime at all 9. What clement of theft is lacking when = person takes property belonging to another, believing in good faith that it belongs to him and yeturns the same one day after realizing that it was not #0: (a) violence against or intimidation of persons; (b) use of force upon things, (c) intent of gain; (d) intent to withhold the thing at the time of talking with the character of permanency? 10. A, who, while visiting the house of his married sister, B, saw the Intter's purse and took it, extracting therefrom a PSO bill with which he bought himself some saacks, ia (a) Hable for theft; (b) not criminally Lyul only civilly liable; (c) Hable for cstafa or swindling; (d) exempt from criminal and civil liability 11. X, 2 stranger, poisoned ¥, a pregnant woman, with intent to Mill her. As = consequence, ¥ died, along with the foctus in her womb. Under the circumstances, X should be held liable for: (a) murder; (b) murder With intentional abortion; (c) murder with unintentional abortion; (d) murder and abortion, as two separate and distinct crimes, Zeorgis LZ: A PubMe officer dove not incur criminal liability for revealing Scerets of ptivate individuals coming to his knowledge by reason of hic effice when: (a) the seerets merely affect the name, honor or reputation of Such private indivicuals; (b) the secrets affect merely the fornines of uch Private individuals; (c) the scercts are contrary lo public intersst or the 3