PART I

1. The conviction was not correct. The proper crime should be infanticide. The elements
for the crime of infanticide are: the child is below three (3) years old, committed by any
person even by the parents of the infant child. In the case, the parents should be
charged with infanticide, as the child according to the facts in the case is an infant, and
committed by any one, including the parents, Ana and Oniok.
2. The crime is parricide. The elements of the crime are: 1) the offender killed the offended
party, 2) the offended party is his/her legitimate or illegitimate parents, child or
legitimate ascendants or descendants, in the direct line, and by blood. In the case all the
requisites have been met. Wherein the son killed his father. There is an offender Ricky,
the son, and Pedro the father. The element does not provide for the element of
knowledge. Hence, the crime that Ricky commit is parricide.
3. The crime that Paz committed was kidnapping and serious illegal detention for ransom
with homicide. The intent of the Paz is to extort ransom, and the kidnapping and serious
illegal detention are necessary means to commit the extortion of ransom, and as a result
thereof, there was killing of the victim. Therefore, the crime that Paz committed was
kidnapping and serious illegal detention for ransom with homicide.
4. Eddie’s liability is that he should be guilty of the crime of Arson. The elements of arson
are: 1) with intent to damage the properties, 2) through the use of fire. In this case,
Eddie already consummated the crime of arson. He used fire to damage the property of
the house of Mario. The front wall of the house already started blazing. He already
performed all the acts necessary for the execution and completion of the crime of
Arson. Moreover, the jurisprudence states that, the crime of arson does not admit of
the frustrated stage.
5. Yes. The President of Orpheus Financing Corporation incurred Estafa. The elements of
estafa in general are: 1) there is deceit, or abuse of confidence, 2) there is damage that
is capable of pecuniary estimation, 3) and the act falls under the three modes of estafa
under the 1st act, such as misappropriation of the thing entrusted to the offender,
altering the substance of the thing to be delivered, and also false pretense. For failing to
deliver the payment, there was committing of the false pretense.
6. Motion of DD must be meritorious. The Court is not correct for convicting DD of theft for
the reason that the elements of theft are: there is unlawful taking, without violence or
intimidation against persons or force upon things, and that there must be material
possession. In the case, it was only juridical possession, as juridical possession being
legally defined, contemplated that the person in the possession has a better right than
the owner of the thing. In this case, DD was engaged in the warehouse business, the
deposited thing in his warehouse does give him a better right over the thing than the
owner himself/herself. Hence, it will not amount to theft but must be estafa.
7. Yes. Under the Revised Penal Code, it punishes the crime of estafa. Under estafa, for the
1st mode such as: Alteration of substance of the thing to be delivered, when there is
obligation to do so, whether illegal or legal. In this case, what has been agreed upon is
the shipment of children’s toys, however, it turned out that it was 1,000 units of video
cassette recorders with taxes and duties.
 8. The defense is not correct. Damage is not an element for falsification of public
documents such as commercial documents.
9. The defense shall fail. Estafe through falsification of public documents, or commercial
documents as in the case are falling under public documents. For this, it is a settled rule
that, damage is not an element of estafa through falsification of public documents.
10. No. It should be multiple murder with robbery. The main intent of the offender, Harry is
to take revenge and kill them, and by reason and occasion thereof, there is commission
of robbery, and robbery is not the main intent of Harry. It cannot be robbery with
homicide. For the crime of arson, it qualified the crime to murder from homicide. Hence,
the proper crime should be, multiple murder with robbery. Murder became a necessary
means to commit the crime of robbery.
11. Yes. The designation of the crime is correct. The elements of acts of lasciviousness are:
1) with lewd design, 2) the victim is a virgin or of good reputation, 3) without intent to
lie, and 4) against the will of the victim. All the elements are attained as the manner that
the offender followed and then later gently massaged the hip of the offended party is a
clear indication that there is lewd design, and provided that the victim is of good
reputation.

PART II.

RESOLUTION

Based on the facts established, all the elements necessary for the crime of Estafa, as defined
and penalized under the Revised Penal Code, are present.

The elements of Estafa are as follows:

a. There is damage capable of pecuniary estimation

b. There is abuse of confidence or deceit employed.
c. Committed through any of the three modes: 1) abuse of confidence, 2) through
fraudulent acts and false pretense, or 3) through fraudulent means.

In the case stated, as stated by the respondents, that the complainants who promised to
respondents that they will be delivering the ten post-dated checks at a later date as they forgot
to bring the same then. Hence, the action for estafa be filed under the 2 nd mode though
fraudulent acts and false pretense.

In view of the foregoing, probable cause exists which would warrant the indictment of the
accused for the crime of estafa, under the Revised Penal Code.

Let the information be filed in Court.