CRIMINAL LAW

Easy
2005 Q-15
In an interview aired on television, Cindee uttered defamatory statements against Erika, a
successful and reputable businesswoman.
What crime or crimes did Cindee commit? Explain.

2006 Q-IX
Eduardo Quintos, a widower for the past 10 years, felt that his retirement at the age of 70 gave him
the opportunity to engage in his favorite pastime - voyeurism. If not using his high-powered
binoculars to peep at his neighbor's homes and domestic activities, his second choice was to follow
sweet young girls. One day, he trailed a teenage girl up to the LRT station at EDSA-Buendia.
While ascending the stairs, he stayed one step behind her and in a moment of bravado, placed his
hand on her left hip and gently massaged it. She screamed and shouted for help. Eduardo was
arrested and charged with acts of lasciviousness. Is the designation of the crime correct?

2009 Q-VI
Baldo killed Conrad in a dark corner, at midnight, on January 2, 1960. Dominador witnessed the
entire incident, but he was so scared to tell the authorities about it.
On January 2, 1970, Dominador, bothered by his conscience, reported the matter to the police.
After investigation, the police finally arrested Baldo on January 6, 1980. Charged in court, Baldo
claims that the crime he committed had already prescribed.
Is Baldo’s contention correct? Explain.

2010 Q-VI
There being probable cause to believe that certain deposits and investments in a bank are related
to an unlawful activity of smuggling by Alessandro as defined under Republic Act (RA) No. 9160,
as amended (Anti-Money Laundering Act) an application for an order to allow inquiry into his
deposit was filed with the Regional Trial Court.
After hearing the application, the court granted the application and issued a freeze order.
Pass upon the correctness of the court’s order. Explain.
2014 Q-II
Macho married Ganda, a transgender. Macho was not then aware that Ganda was a transgender.
On their first night, after their marriage, Macho discovered that Ganda was a transgender. Macho
confronted Ganda and a heated argument ensued. In the course of the heated argument, a fight
took place wherein Ganda got hold of a knife to stab Macho. Macho ran away from the stabbing
thrusts and got his gun which he pointed at Ganda just to frighten and stop Ganda from continuing
with the attack. Macho had no intention at all to kill Ganda. Unfamiliar with guns, Macho
accidentally pulled the trigger and hit Ganda that caused the latter’s death. What was the crime
committed?

Medium
2007 Q-I
What are the penalties that may be served simultaneously?

2008 Q-II
While Carlos was approaching his car, he saw it being driven away by Paolo, a thief. Carlos tried
to stop Paolo by shouting at him, but Paolo ignored him. To prevent his car from being carnapped,
Carlos drew his gun, aimed at the rear wheel of the car and fired. The shot blew the tire which
caused the car to veer out of control and collide with an oncoming tricycle, killing the tricycle
driver.
1. What is the criminal liability of Carlos, if any? Explain.
2. What is the criminal liability of Paolo, if any? Explain.

2013 Q-X
Frank borrowed P1,000,000 from his brother Eric. To pay the loan, Frank issued a post-dated
check to be presented for payment a month after the transaction. Two days before maturity, Frank
called Eric telling him he had insufficient funds and requested that the deposit of the check be
deferred. Nevertheless, Eric deposited the check and it was dishonored. When Frank failed to pay
despite demand, Eric filed a complaint against him for violation of Batas Pambansa Big. 22 (The
Bouncing Checks Law).
Was the charge brought against Frank correct?
Hard
2008 Q-XV
Roger, the leader of a crime syndicate in Malate, Manila, demanded the payment by Antonio, the
owner of a motel in that area, of P10,000 a month as "protection money". With the monthly
payment, Roger assured, the syndicate would provide protection to Antonio, his business, and his
employees. Should Antonio refuse, Roger warned, the motel owner would either be killed or his
establishment destroyed. Antonio refused to pay the protection money. Days later, at round 3:00
in the morning, Mauro, a member of the criminal syndicate, arrived at Antonio's home and hurled
a grenade into an open window of the bedroom where Antonio, his wife and their three-year-old
daughter were sleeping. All three of them were killed instantly when the grenade exploded.
State, with reason, the crime or crimes that had been committed as well as the aggravating
circumstances, if any, attendant thereto?

2014 Q-XXIV
A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when
he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal
Possession of Dangerous Drugs for which the imposable penalty is life imprisonment and a fine.
Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on
minor offenders, the penalty shall be reclusion perpetua to death. Under R.A. 9344, a minor
offender is entitled to a privilege mitigating circumstance.
1. May the privilege mitigating circumstance of minority be appreciated considering that the
penalty imposed by law is life imprisonment and fine?
2. Is the Indeterminate Sentence Law applicable considering that life imprisonment has no
fixed duration and the Dangerous Drugs Law is malum prohibitum?
3. If the penalty imposed is more than six (6) years and a notice of appeal was filed by A and
given due course by the court, may A still file an application for probation?
4. If probation is not allowed by the court, how will A serve his sentence?