CALABINES, HUEY RANZ KRIZZA R.

JANUARY 21, 2021

CRIMINAL LAW REVIEW FINALS

1.
Pauleen is criminally liable for the crime of malversation through negligence. All
the elements of malversation through negligence is present in this case. Pauleen is a
public employee being a city treasurer and she has custody over the government
vehicle she is using. She is negligent when she deliberately left the key car and the car
unlocked that permits Ruby to take away the same. Hence, Pauleen is criminally liable
for being negligent and for abandoning the said vehicle.
On the other hand, Ruby may be held liable for the crime of carnapping. Because
when she saw that the car was unlocked and the key is also there, she took away the
said car which belongs to another person and without the consent of the said owner.
Hence, she is criminally liable for the crime of carnapping.

2.
A.
Janella is liable for the crime of Serious Physical Injuries. Because in this case,
Nadine obtained a deformity in her body when a big portion of her ear was severed from
her body. The said deformity will become permanent. Hence, Janella shall be liable for
Serious Physical Injuries.
B
Yes, even if the injury will heal within a week the fact that there was a deformity
in the body parts of Nadine. The same liability will apply.

3.
Marian is liable for a complex crime of estafa through falsification of commercial
documents. Because Marian is a bank teller who took advantage of the bank depositors
who had trusted in her enough to leave their passbooks. Without Gabbi’s knowledge,
she forged the signatures and misrepresent it to her co-employees to make it appear as
the depositor’s signature. Estafa would not have been consummated without
falsification of the commercial documents that’s why the two crimes should be
complexed. Hence, Marian is liable for estafa through falsification of commercial
document.
 4.

A.
Yes, Alden and Dereck committed a crime. There marriage is contracted without
the requisites of the law. Alden being a gay and Dereck being a man. Same sex
marriage is illegal in the Philippines. Hence, they shall be liable for illegal marriage.

B.
Yes, Fiona may file a bigamy case against Alden and Dereck. Since the offender
here is legally married and there is a subsequent marriage contracted by Alden and
Dereck, Fiona has a cause of action to file a bigamy case against them. Although Alden
contracted an illegal marriage, the law on bigamy does not qualify whether the
subsequent marriage is valid or not.
5.
A.
Xanjo committed a crime of qualified theft. Xanjo is holding a managerial
position there is a grave abuse of confidence. All the elements of qualified theft are
present, that the steel beams is considered to be a personal property of the said
company, it was known to be missing without the consent of the latter without the
presence of any violence or intimidation it was stolen and lastly it was under the custody
of Xanjo wherein grave abuse of confidence is evident.
B.
The contention of Xanjo is without merit. The fact that the property under his
custody is missing shall establish that a crime against property has been committed.
The beams need not be presented.
6.
The Police Officers committed a crime of unlawful arrest. Because the arrest
made by the Police officers was made without a warrant. This crime is committed by
incriminating innocent person through offender’s planting evidence on the innocent
person while in the process of investigation. Hence, they shall be liable for unlawful
arrest.

7.
 If I were the judge, I will rule on his defenses as untenable and convict him for
the crime of qualified seduction. First he does not need to be Sanya’s teacher to be
criminally liable under the crime charged against him. Second, under the law, virginity
does not refer to physical virginity. It would suffice that the Sanya is a single and living a
chaste life. The law presumes that she is virgin. And third, the consent of Sanya is
immaterial to make Mr. Reyes liable. All of the elements for the crime of qualified
seduction was present in this case. Hence, he is liable.

8.
If I were the prosecutor, I will charge Nate for the crime of reckless imprudence
resulting in homicide, reckless imprudence resulting in damage to property and reckless
imprudence resulting in physical injuries. I will charged him for three crimes. There are
three separate crimes committed in this case through his negligence.
9.
The crime committed by Lysam is robbery with homicide. Robbery is committed
when the offender unlawfully takes a personal property of another with intent to gains by
means of violence, intimidation or force upon things. In the case at bar, the intent of
Lysam is to rob Carlites. Homicide is complex with the robbery because the original
design of Lysam is robbery and the killing was commited by reason or occasion of
robbery. He is also liable for simple arson because he burned the house of Carlites to
conceal the commission of robbery with homicide. The crime of arson becomes a
special aggravating circumstance because Lysam’s intention in burning the house is to
conceal the commission of the crime which is a gain on his part due to destruction of
evidence.