CRIMINAL JURIS- SET A

1ST REMARKS: 82/100

82 * 20 % = 16.4

 MISTAKES

8. A and b agreed and decided to commit robbery in the house of X. On the following
day, A and B told C about the plan and asked C to drive them to the house of X. C drove
A and B to the house of X where A and B committed Robbery. Is C liable? If so, what is
his liability?
 Yes, as an accomplice

- Accomplice- done by cooperating either by previous OR simultaneous acts without

which the crime would still be committed. While, Principal by Indispensable
Cooperation is one who cooperates in the commission of the crime without such act the
crime would not have been committed.
- A and B are both Principals while C is only an Accomplice

9. Joseph was charged before the police with Attempted Abduction of Susan, A 16
year old girl. Before the institution of criminal action in court, the parents of Susan
pardoned Joseph. What is the effect of the pardon granted by the parents of Susan to the
criminal liability of Joseph?
 Pardon is not sufficient to remove criminal liability

 Forcible abduction- abduction of any woman without her consent and with lewd
designs. RECLUSION TEMPORAL
- the abduction of a woman under 12 years of age w/out her consent shall also be
punishable
 Consented abduction- is the abduction of a woman who is over 12 years old and
under 18 years old with her consent and with lewd designs. Prision Correcional.
 The attempted abduction of Susan by Joseph can either be forcible or consented,
or with or without her consent, still if pardoned by the parents of Susan, it does
not NEGATE THE CRIMINAL LIABILITY OF JOSEPH.

15. A group of persons gathered and attended a meeting where they discussed how to
distribute shabu in different schools and universities. Is their illegal assembly?
 No, because Illegal Assembly does not include violation of special law

Illegal Assembly- Title Three “Crimes Against Public Order”, Chapter Three, Article
146 of Criminal Law Book II, RPC.
- Only punishes crimes of such assembly “meeting” by armed men or not, as stated in
RPC (act 3815), and does not punishes acts OF ASSEMBLY “meetings”, under
special laws.

16. Roberto is a sugarcane planter in Hacienda Ymana. He nurtured a grudge and ill
feeling against Don Geraldo, the owner of hacienda because he had not been giving his
workers their due shares and benefits. Roberto attacked Don Geraldo with a fist blows
and kick blows. What crime did Roberto commit?
 He committed Direct Assault

Direct Assault- Title 3, crimes against public order, chapter four, article 148.
2 ways of commission:
1. Without public uprising by employing force or intimidation for attainment of a goal
of any purpose defined in the crimes of Rebellion and Sedition.
2. Employs force or intimidation upon persons in authority

19. A killed B and was charged with Homicide in Manila. A warrant for his arrest was
issued. To prevent his arrest, he went to Bacolod City and publicly used another name. Is
he liable for Using Fictitious Name?
 NO, because the purpose was to EVADE ARREST
“Using fictitious name to EVADE ARREST does not fall or enumerated under article
178 of Using Fictitious Name, therefore “A”, is NOT LIABLE for using Fictitious
Name”

Using Fictitious Name and Concealing True Name- Title Four, Crimes Against Public
Interest, Chapter Two “Other Falsifications”, Article 178.

USING FICTITIOUS NAME:

HOW COMMITTED: Purpose
1. To conceal a crime
2. Evading execution of judgment
3. Causing damage

CONCEALING TRUE NAME

- Any person who conceals his true name and other personal circumstances shall be
punished by arresto menor or a fine not to exceed 200 pesos.

22. What is Republic Act 3019?

 Anti Graft and Corrupt Practices Act

29. X was jogging at Burnham Park at 5 a.m. He saw a man profusely bleeding. The man
asked him to help him and bring him to the hospital. X ignored the man and continued to
jog away. Is X liable for Abandonment of a Person in Danger?
 NO, because the man is just bleeding and not on imminent dying and the place is
not uninhabited

X will not be liable for Abandonment of a person In danger under article 275 of title
9, chapter 2 which is crimes against security of section 1 abandonment of helpless
persons because it does not fall in any of circumstances mentioned in the said article,
due to the fact that the place is not uninhabited and the person ignored was the in not
the state of dying.
Abandonment of person in danger and abandonment of one’s own victim- TITLE 9
“Crimes against Personal Liberty and Security”, Chapter 2 “Crimes against
Security”, Section 1 “Abandonment of helpless persons and exploitation of minors”,
Article 275.

Art. 275. Abandonment of person in danger and abandonment of one's own victim.
— The penalty of arresto mayor shall be imposed upon:

1. Any one who shall fail to render assistance to any person whom he shall find in an
uninhabited place wounded or in danger of dying, when he can render such assistance
without detriment to himself, unless such omission shall constitute a more serious offense.

2. Anyone who shall fail to help or render assistance to another whom he has
accidentally wounded or injured.

3. Anyone who, having found an abandoned child under seven years of age, shall fail to
deliver said child to the authorities or to his family, or shall fail to take him to a safe place.

30. A owes B a sum of money. A was not able to pay his debt. One day, B forcibly seized
the bicycle of A for the purpose of applying it as a payment. B is liable for what crime?
 Light Coercion

- Why LIGHT COERCION and not THEFT? The definition of theft under article 308,
of Chapter 3, TITLE 10 of Crimes against property states that theft is committed by any
person who with intent to gain but WITHOUT VIOLENCE against or intimidation of
persons nor FORCE UPON THINGS, shall take the personal property of another without
the latter’s consent.

- In the case of B, he FORCIBLY SEIZED the bicycle of A, so one of the elements of

theft which is “WITHOUT FORCE UPON THINGS” is diminished in the paragraph
above.
 Intent to gain- there is intent
 Without violence or intimidation of persons- there is violence or intimidation
because he forcibly seized the property of A as a means of payment of his debt.
 Without force upon things- there is also force because the taking was by means of
“forcibly seizing the bicycle”
 Shall take the personal property of another w/out his/her consent- the taking was
without consent because it forcibly taken away.

- Therefore, the elements to qualify for the crime of THEFT is inapplicable!! A is not
liable for theft, rather he is LIABLE FOR LIGHT COERCION!!!! because the means
employed of B was with violence by means of forcibly seizing the bicycle of A who was his
debtor and was not able to pay and so the bicycle was used as a purpose for the applying
the same as payment for the debt of A.

Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent to
gain but without violence against or intimidation of persons nor force upon things, shall
take personal property of another without the latter's consent.

Art. 287. Light coercions. — Any person who, by means of violence, shall seize anything
belonging to his debtor for the purpose of applying the same to the payment of the debt,
shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the
value of the thing, but in no case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine
ranging from 5 pesos to 200 pesos, or both.

Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of
wages by means of tokens.) — The penalty of arresto mayor or a fine ranging from 200 to
500 pesos, or both, shall be imposed upon any person, agent or officer, of any association
or corporation who shall force or compel, directly or indirectly, or shall knowingly permit
any laborer or employee employed by him or by such firm or corporation to be forced or
compelled, to purchase merchandise or commodities of any kind.

The same penalties shall be imposed upon any person who shall pay the wages due a
laborer or employee employed by him, by means of tokens or objects other than the legal
tender currency of the laborer or employee.

 What is the elements that would qualify for the crime of UNJUST VEXATION?

37. A with intent to kill fired his gun at B hitting him on his right shoulder. The injury
required medical attendance for 2 days. The gun used by A was not licensed and A has no
license to carry the gun. What crimes or crimes did A commit?
 Attempted Homicide Only

 According to the review material of Elmer Brabante entitled Criminal law

Review Notes states that in order to qualify for FRUSTRATED
Homicide/murder/parricide that wound inflicted should be mortal. If not mortal
regardless if the gun has already been discharged the crime be committed is only
ATTEMPTED HOMICIDE/MURDER/PARRICIDE.

 In Araneta vs. Court of Appeals, it was held that if a person is shot at and is
wounded, the crime is is automatically attempted homicide/murder/parricide,
provided the would inflicted is not a mortal wound.
 PD 1866- CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR
INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS,
AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES
FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES"

 RA 8294- AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL

DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN,
ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF
FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER
PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT
PURPOSES."

RA 8294:

 "SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession

of Firearms or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms or Ammunition. — x x x.
 "The penalty of prision mayor in its minimum period and a fine of Thirty thousand
pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm
which includes those with bores bigger in diameter than .38 caliber and 9 millimeter
such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered
powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms
with firing capability of full automatic and by burst of two or three: Provided,
 however, That no other crime was committed by the person arrested. (Other
Crime here means crimes not mention in RA 8294, if such other crimes are not
involved in the said law, a separate case for such crime shall be filed)
 "If homicide or murder is committed with the use of an unlicensed firearm,
such use of an unlicensed firearm shall be considered as an aggravating
circumstance. (if this is the case illegal possession of firearm shall be tried
together and in one and same information)
 "If the violation of this Section is in furtherance of or incident to, or in connection
with the crime of rebellion or insurrection, sedition, or attempted coup d'etat, such
violation shall be absorbed as an element of the crime of rebellion, or insurrection,
sedition, or attempted coup d'etat.

 RA 9516- AN ACT FURTHER AMENDING THE PROVISIONS

OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN
THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES,
AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS
THEREOF, AND FOR OTHER RELEVANT PURPOSES"

 Before the amendment of PD 1866 by virtue of RA 8294, if a crime of

homicide/murder is committed along with Illegal Possession of Firearm, a separate
information for both crimes shall be instituted and shall also be tried separately, this
was the ruling of the SC in the case of People of the Philippines vs. Daniel Quijada
in 1996.
 In 1997, RA 8294 amended PD 1866 which paved the way for absorption of illegal
possession of firearm on certain crimes mentioned in the said RA by either as an
element of such crime or aggravating form, this was the ruling of SC in the case
“Angel Celino vs. Court of Appeals (2007)”, where it was stated that provided no
other crime is committed then Illegal possession of firearm shall be prosecuted
separately if that OTHER CRIME involves certain crimes not mention in RA 8294, a
separate case for illegal possession of firearm shall be prosecuted and to that Other
crime not involved in RA 8294 shall be also prosecuted separately. So, probably there
can be 2 or more separate offenses tried separately. (SC RULING “

44. Are Offenses defined and penalized by special laws subject to the provisions of the
Revised Penal Code? What is the function of the RPC with regard to these offenses?
 NO, special laws are not subject to the provisions of the PRC.
- Provision means a stipulation or a legislative rule, it can also mean as a
GENERAL rule. So to simply decrypt what it means “Special laws does not follow
the rules of RPC nor it will the bases for punishing such offenses of the former,
unless it is expressed by provisions of either of the two”.

47. Taking advantage of his public position and abuse of confidence is___.
 An Aggravating Circumstance

48. A _____ is one who at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the RPC.
 Recidivist

60. The term mala inse (plural term, the singular term is malum inse) refers generally to
felonies defined and penalized under ____.
 Revised Penal Code

The term mala prohibita is plural term (singular term is malum prohibita) refers
generally to offenses defined and punished under SPECIAL LAWS.

70. The crime of kidnapping is committed if the purpose of the offender is to extort
ransom either from the victim or from any other person. But if a person is transported not
for ransom, the crime is _____.
 Illegal detention

 Kidnapping and Serious Illegal Detention is punishable under Article 267 of

Title Nine, Chapter 1, Crimes Against liberty.

 What is the distinction between kidnapping and serious illegal detention? And
what is their difference in classification?
 If there is Slight Illegal Detention is there such thing as Less Serious Illegal
Detention? If so, under what law is it punishable?

 In Arbitrary Detention it is a public officer who violates it while in Illegal

Detention it is committed by any ordinary person.

 If the purpose of kidnapping is to EXTORT RANSOM. Is it true that the

purpose of illegal detention is without extorting ransom? Although it was stated
under article 267? Is it valid that the purpose of Illegal Detention is by
transportation without ransom?

75. If a person goes to a sauna parlor and finds there a descendant and despite that, had
sexual intercourse with her, regardless of her reputation or age, the crime of _____ is
committed.
 Qualified Seduction

 Carnal knowledge- means sexual intercourse

 Chaste- means virgin
 Chastity- virginity/purity of character or reputation
 Chaste Character-
 Unchaste- engaging in sexual activity/illicit/extramarital affair/nature
 Extramarital- a sexual relationship of a married person to another who is not
his/her husband or wife.

What is CHASTE?
 a legal term that is applied to an unmarried female who has yet to experience sexual
intercourse (define by law dictionary)

ACTS OF LASCIVIOUSNESS

(batasnatin.com)
A. Concept: the act of making a physical contact with the body of another person
for the purpose of obtaining sexual gratification other than, or without intention
of, sexual intercourse.

1. The contact may be by the body of the accused such as by the lips, hands, foot; or by
means of any object or instrument. In either case there must be no form of insertion into
the anus, mouth or sex organ amounting to rape through sexual abuse.

2. It is distinguished from Attempted Rape in that there is no intent to have sexual

intercourse with the victim. The intent may be inferred from the circumstances of time,
place, and occasion, or inferred from the nature of the act itself.

3. It is distinguished from Unjust Vexation in that there is no lewd design in unjust

vexation

Example: (i) The acts of an ardent lover such as kissing, embracing arising from his
passion, are unjust vexation merely. (ii). The touching of the private parts of a woman
out of curiosity is unjust vexation.

4. If the acts of lasciviousness (including sexual intercourse) is performed upon a child

exploited in prostitution or other sexual abuse (i.e. abuse other than the acts of
lasciviousness such as when the child is the subject of an obscene publication or
pornography or of indecent shows) whether male or female, the acts would constitute
sexual abuse punished under R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A.,
July 29, 2006).

What is Incestuous Rape? And under what law is it punishable? Or is it really

punish under the Philippine law by either the RPC or Special Laws (etc)?
 Incestuous Rape is punish under RA 7610

 Qualified Seduction is punished under Article 337, Title 11 Crimes Against

Chastity, Chapter 3 SEDUCTION, CORRUPTION OF MINORS AND WHITE
SLAVE TRADE.
 Under Article 337, 2nd paragraph punishes The penalty next higher in degree shall
be imposed upon any person who shall seduce his sister or descendant, whether
or not she be a virgin or over eighteen years of age.
 Under the provisions of this Chapter, seduction is committed when the offender has
carnal knowledge of any of the persons and under the circumstances described herein.
(carnal knowledge is SEXUAL INTERCOURSE)

 What is the distinction between RAPE and SEDUCTION?

 Does sexual intercourse w/out force present in Seduction?
 What is the definition of Seduction?

85. An admission favorable to the party making it. It is not admissible in evidence
because of its hearsay character, and for the further reason that a man may be safely
believed if he declares against his own interest, but not if he advocates his interest.
 Self- Serving Evidence (use of this Originated in England)

95. Whenever a new statute (law/legislation) dealing with crime establishes conditions
more lenient or favorable to the accused, it can be given a ___.
 Retroactive Effect

This is the Doctrine of Pro Reo, one example of application of the doctrine or retroactivity
was the case of Robin Padilla who was punished with the crime of “Illegal Possession of
unlicensed firearms”.

 What law governs the “Illegal Possession of Unlicensed Firearms?”

- PD 1866, amended by RA 8294 AND RA 9516
 What law also repealed the first law of Illegal Possession of Unlicensed Firearms
which downgraded the penalty of imprisonment?
- RA 8294- lowered the penalty provided in PD 1866

97. Which of the following occurs when the offender hits or injures another person and
not the victim intended?
 Error Personae

- Punishable under Article 49, while Aberratio Ictus is punished under Article 48
which gives rise to a complex crimes if the act resulted to two or more grave or less
grave felonies. If an accused raised the defense of Abberatio Ictus, however the
crime committed did not result to a complex crimes, then do not talk about
Aberratio Ictus. There is no complex crime if the other acts resulted to LIGHT
FELONIES.

There are 2 kinds of complex crime:

1. Compound Crime
2. Complex Crime Proper

Article 48: Defines Complex Crime as: a single act constitutes two or more grave or
less grave felonies, /or when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be imposed, the same to be
applied in its maximum period.

Separate definition:

1. Compound Crime: a single act constitutes two or more grave or less grave
felonies.

Ex: Juan was a barangay captain who was killed while discharging his duty, the crime is a
complex crime of homicide w/ assault upon a person of authority.

2. Complex Crime Proper: when an offense is a necessary means for committing

the other.

98. The basis of criminal liability in mala inse is intent while the basis of crime mala
prohibita is ____.
Voluntariness

 DELITO COMPUESTO- compound crime

 DELITO COMPLEJO- complex crime proper
 DELITO CONTINUADO- continuous crime
 INCESTUOUS RAPE- can be found in RA 7610
 Appellant- is a person who applies to a higher court for a reversal of a decision of a
lower court/ one who appeals a judgment made by a lower court.