Criminal Law

Answer Key

1. “X” committed the crime of murder as provided under Article 248 of the Revised Penal Code
2. The husband committed the crime of Parricide as provided under Article 246 of the Revised
Penal Code while the killer committed the crime of murder as provided under Article 248 of the
Revised Penal Code.
3. No. There was no intention to kill the patient.
4. The following are the elements of Rape by a man who shall have carnal knowledge of a woman
a. Offender is a man
b. Offender had carnal knowledge of the woman
c. Such is accomplished under any of the following circumstances:
i. Through force, threat or intimidation
ii. When the offended party is deprived of reason or is otherwise
unconscious
5. The criminal liability of the offender is extinguished
6. The following are the elements of kidnapping as provided under Article 267 of the Revised Penal
Code
a. Offender is a private individual who is not any of the victims
b. He kidnaps or detains another, or in any other manner deprives the latter of his
liberty
c. In the commission of the offense, any of the following circumstances are present:
i. Kidnapping or detention lasts for more than 3 days;
ii. It is committed simulating public authority;
iii. Any serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made, or
iv. The person kidnapped or detained is a minor, female, or a public officer.
7. No. Only one crime is committed, and that is Special complex crime of Kidnapping with rape. The
three other instances by which the act of rape was committed by the offender will be
considered as generic aggravating circumstances.
8. The following are the elements of Grace coercion as provided under Article 286 of the Revised
Penal Code:
a. A person prevented another from doing something not prohibited by law, or that he
compelled him to do something against his will, be it right or wrong
b. Prevention or compulsion be effected by violence, threats or intimidations; and
c. Person who restrained the will and liberty of another has no authority of law or the
right to do so
9. The following are the elements of the Robbery as provided under Article 293 of the Revised
Penal Code:
a. There is personal property belonging to another
b. There is unlawful taking of the property
c. Taking must be with intent to gain
d. There is violence against or intimidation of any persons or force upon things
 10. No. there is only one crime committed, and that is the crime of Special Complex crime Robbery
with Homicide.
11. The following are the elemets of Adultery as provided under Article 333 of the Revised Penal
Code:
a. To convict a woman in adultery, it is necessary:
i. That she is a married woman; and
ii. That she unites in sexual intercourse with a man not her husband
b. To convict a man for adultery, it is necessary:
i. That he had actual intercourse with a married woman; and
ii. That he commits the act with the knowledge that the said woman is
married
12. The following are the elements of Concubinage as provided under article 334 of the Revised
Penal Code:
a. Man must be married
b. He committed any of the following acts:
i. Keeping a mistress in the conjugal dwelling
ii. Having sexual intercourse under scandalous circumstances, with a woman
who is not his wife; or
iii. Cohabiting with her in any other place.
13. Atty. Juderick C. Ramos

Criminal Evidence

Answer Key

1. Admission- those made in the course of the proceeding in the same case and does not require
proof and may be contradicted by showing that it was made through palpable mistake or that
no such admission was made and is not considered as an admission of guilt.
2. Confession is a statement of fact which involves an acknowledgment of guilt; can be made only
by the party himself and in some instances, are admissible against his co-accused.
3. Object as evidence are those addressed to the senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined or viewed by the court.
4. Parol evidence
5.