Atty.

Enan Orceo
2nd Sem, 2019-2020

FINAL EXAMINATION

1. Write legibly, concisely and logically


2. Use the 3 paragraphs rule whenever applicable

3. Use black/blue pen

4. Observe the margins and do not write at the back of the page
5. Provide a space or write at the next page after each answer.
6. This is a 3-hour exam.

Good Luck

1. Karding took away a 15-year old minor and gave her to Kadyo for
a price of Php 2,500.00. He deducted the Php 500.00 as his commission
and gave to the minor the remaining Php 2,000.00. After which he left
the minor in the company of Kadyo where he had sexual intercourse
with her.

a) What offence did Karding commit? Explain. (2.5%)

b) What offence did Kadyo commit? Explain. (2.5%)

2. Katulpo brothers learned that Klimako killed their father so they

went to the latter’s house to burn it to avenge their father’s death. Before
they left the scene, they ensured that the house was totally destroyed.
Days later, they were horrified to learn that Klimako did not die from the
fire since he was tendering to his farm when the Katulpo brothers set his
house on fire. What offence is committed? If any. Explain. (5%)

3. During the Enhanced Community Quarantine (ECQ), Mang Kulit

wanted to pass by a checkpoint, which he was not allowed since he was
not a frontliner. In the process of his insistence to go through the
checkpoint, he put in harm’s way the police officer manning the

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checkpoint. Is there an offense committed by Mang Kulit? (10% - Covid
tip: you need to qualify your answer)

4. Aling Kikay was employed as a housemate by a newly wed couple

who advances her fare in going to the couple’s house. Aling kikay brings
her fifteen year old daughter so she could continue her schooling.

After two months of being employed, Aling Kikay escaped from the
house of the couple as she could no longer endure the physical and
mental abuses she is suffering from the couple. She left, however, her
daughter in the house as she hurriedly escaped.

The couple instructed Aling Kikay’s daughter not to leave the

house and worked for them to pay off the fare that they advances to her
mother. What is the offense committed against Aling Kikay’s daughter?
Explain. (5%)

5. After seven years of off and on relationship, a married couple

decided to separate ways. They have a five-year old daughter who is
living with the wife at the time of their separation. One day, the husband
picked up from school their daughter without the knowledge of his wife.
The incident angered the latter especially when the husband did not
return their daughter to his wife even after a demand was made. A case
of kidnapping a minor was filed against the husband. Did the latter
commit any offense? Explain. (5%)

6. Kasuple have always been fantasizing about Kristeta as he always

watches her whenever the latter passes by at his house. At pass 5:00
am one day, Kasuple forcibly took Kristeta and rode her in a car with the
intention of bringing her to a pastor friend to marry her. As a lawyer hired
by Kristeta’s family to file a case against Kasuple, you are in a quandary
what offense to file. Is it kidnapping or abduction? Explain both offenses
and pick your choice. (5%)

7. Kikoy was charged and convicted for ciber-libel. He moved for

reconsideration alleging that the prosecution failed to proved malice. The
latter countered that ciber-libel is a special law under RA No. 10175 or

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the "Cybercrime Prevention Act of 2012″ and therefore, a mere violation
of the law is sufficient for conviction. Decide and explain. (5%)

8. What is the effect of rape now that it is classified as crimes against

persons from crimes against chastity? (5%)

9. Kasmir hired a vehicle from Kasmot for one week. During the
period of contract of lease, Kasmir mortgage the vehicle. Kasmot
learned about it so he demanded the return of his vehicle, but, Kasmir
refused since the period of their contract have not yet expired. Kasmir
further alleged that he can always redeem the vehicle before the
contract ended and return the vehicle to Kasmot. Is there an offense
committed by Kasmir? (5%)

10. In a recent Tokhang operation of the PNP, a group of men took

their oath that they will no longer be engaged in the sellng of prohibited
drugs. Several days thereafter, feeling the lost of their income, they have
a meeting and decided to rob banks and engaged in kidnapping for
ransom. Is there an offence committed? Explain. (5%)

11. Can there be estafa in a contract of sale of goods? Explain. (5%)

12. a) During a buy-bust operation, Kikoy was caught in flagrante

selling two sachets of shabu with a street value of P500.00. When he
was brought to a police station after conducting chain of custody
procedure, the police officer threatened Kikoy that a non-bailable case of
selling shabu will be filed against him if he will not give P100,000.00.
Kikoy was left with no choice but to give P100,000.00. What offense is
committed by the police officer? Explain. (5%)

b) Supposed in the above situation there was no valid unlawful

arrest, but still, the police officer threatened Kikoy of filing a non-bailable
offense of selling shabu if he will not give P100,000.00. What offense is
committed by the police officer, if there is any? Explain. (5%)

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13. Thirteen(13) members of the PNP anti-narcotics unit went inside a
house to implement a search warrant for drugs. Seized inside the house
was twenty-six(26) kilos of shabu with a street value of Php 100 million
pesos with a corresponding penalty of reclusion perpetua. A chinaman
who was guarding the shabu was released without filing a case against
him.

The police officers reported to their superiors thirteen(13) kilos only

of shabu and took with them the remaining kilos. What is the offense
committed by the police officers? Explain. (5%)

14. During the trial in a civil action involving possession of a parcel of

land, the defendant is aware that he will lose the case suddenly locked
the court room and keep hostage the plaintiff and his lawyer and all the
persons inside the court room including the judge. What offense did the
defendant commit? Explain. (5%)

15. An estranged husband who is now living separately with his wife
surreptitiously entered the house of the latter and break open the closed
cabinet where he took the money that was kept inside. The wife was
awaken by the noise and she shouted for help. The husband instantly
stabbed to death his wife to silenced her. He managed to escape from
the house using the window in the kitchen. What offense, if any, is
committed by the husband (5%)

16. Four armed men received an information that a messenger is

regularly depositing money for his employer. While the messenger is on
his way to the bank to deposit the money he was snatched and forced
him to board a car, which was being driven by Kristoper. The incident
caught the attention of the bank security guard and he prevented the
robbers from getting away. Krisologo - one of the robbers fired his gun
against the guard but he missed the shot. Krispulo - another robber who
was in the line of fire of the guard was hit instead that caused his death.
Another shot was fired by Krisologo this time it hit the security guard
resulting to his death.

Kristoper drove the get away car to Silang, Cavite where the
robbers exchanged for another car, which was driven by Krisanto. While

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en route to Batangas, Krisologo opened the bag of the messenger and it
is found empty. Out of frustration, Krisologo shot the messenger and left
him dead in a farmland.

a) What is the offence committed by the robbers? Explain.

(2.5%)

b) Is Krisologo liable for the death of Krispulo? What about for

the death of the security guard? What about for the death of
the messenger (2.5%)

c) Kristoper and Krisanto - the drivers of the getaway cars

testified during the trial that their agreement was only to rob
and they did not expect that the killings will be made. Can
they also be convicted for the three(3) killings? (2.5%)

d) Krisologo testified that since the bag was empty, no robbery

ever took place. At most, he claimed that the offence is one
of impossible crime. (2.5%)

17. Kastelo went Inside the church and he found there three(3)
persons on their kneel and praying. Without them knowing it, Kastelo
took their cellphones and before he left the church, he noticed a sealed
receptacle and broke open it. Found nothing inside the receptacle, he
exit from the main door, which he also used for entry. What is the offense
committed? Explain. (5%)

- - - NOTHING FOLLOWS - - -

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