Question #1

On 1 August 2006 at about 6:00 in the evening, while Greeco was outside the perimeter fence of
their residence Julian who was under the influence of liquor approached him and challenge him
to a fight. Greeco went inside his yard, but from the outside of his fence, Julian threw stones at
him and spit on his face and destroyed a portion of their fence and forced himself inside the yard.
He then attacked Greeco but the latter was able to defend himself and pushed him outside his
yard. For what crime if any is Julian liable? Explain.

Question 2 (1 point)
Paolo was charged with homicide before the Regional Trial Court of Manila. Andrew, a
prosecution witness, testified that he saw Paolo shoot Abby during their heated argument. While
the case is still pending, the City Hall of Manila burned down and the entire records of the case
were destroyed. Later, the records were reconstituted. Andrew was again called to the witness
stand. This time he testified that his first testimony was false and the truth of the matter was he
was abroad when the crime took place.
The judge immediately ordered the prosecution of Andrew for giving a false testimony favorable
to the defendant in a criminal case. Will the case against Andrew prosper?

Question 3 (1 point)
Jose Dee Kiam, a Chinese citizen born in Macao having applied with a recruitment agency to
work in Kuwait, went to Quezon City Hall to procure a Community Tax Certificate. He stated
therein that his name is Leo Tiampuy, a Filipino citizen, born in Binan, Laguna. As he paid for
the Community Tax Certificate, Cecille dela Cruz, an employee in the office, recognize him and
reported to her boss that the information written were all lies.
Treat the following contentions separately.
a.) Shortly thereafter, an information was filed against Dee Kiam alias Tiampuy. What crime, if
any, may he be indicted for?
b.) Dee Kiam moved to quash the information on the ground that it did not alleged that he had
the obligation to disclose the truth in the Community Tax Certificate; that the same is a scrap of
paper which one can buy even in the Quiapo underpass and that he had no intent of deceiving
anybody much less the government. If you were the judge, would you grant the motion to quash
the information on the basis of Dee Kiam’s allegations?

Question 4 (1 point)
A, a young housewife, and B, her paramour, conspired to kill C, her husband, to whom she was
lawfully married. A and B bought pancit and mixed it with poison. A gave the food with poison
to C but before C could eat it, D, her illegitimate father and E her legitimate son, arrived. C, D
and E shared the food in the presence of A who merely watched them eating. C, D and E died
because of having partaken of the poisoned food. What crime was committed by A and B?

Question 5 (1 point)
A and B conspiring with each other kidnapped C and detained him. The duo then called up C’s
wife informing her that they had her husband and would release him only if she paid a ransom in
the amount of P1,000,000.00 and if she were to fail, they would kill him. The next day, C, who
had just recovered from an illness had a relapse. Fearing he might die if not treated at once by a
doctor, A and B released C during the early morning of the third day of detention. Charged with
kidnapping and serious illegal detention provided in article 267 RPC, A and B filed a petition for
bail. They contended that since they had voluntarily released C within three (3) days from
commencement of the detention without having been paid any amount of the ransom demanded
and before the institution of criminal proceedings against them, the crime committed was only
slight illegal detention prescribed in article 268 RPC. What crime was committed, Kidnapping
and Serious Illegal Detention or Slight Illegal Detention? Justify your answer.

Question 6 (1 point)
A entrusted her car to B for repainting at the agreed cost of P22,000.00. When the painting job
was finished, A wanted to get the car but B refused to deliver until payment is made. When A
went back the following week, the shop was already closed and B and the car were nowhere to
be found. When finally B was located, he told A that he sold the car and applied the amount to
the repainting cost and labor. What crime, if any, is committed by B?

Question 7 (1 point)
Analyn is the owner of a two-hectare land in Bulacao which she planted to rice and corn. Upon
her arrival from a three-month vacation in Canada, she was surprised to discover that her land
had been taken over by Cyron and Badi who forcibly evicted her tenant-caretaker Jennnifer, after
threatening the latter that if she would resist their taking of the land. Thereafter, Cyron and Badi
plowed, cultivated and appropriated the harvest for themselves to the exclusion of Analyn. What
crime or crimes did Cyron and Badi commit? Explain.