ESSAY. Essay.

This is in WORD FORMAT answer immediately after the

question, feel free to edit spaces. Please use BLUE FONT COLOR for your
answer. 10 points each question. HONESTY & GOOD FAITH ARE THE
VIRTUES OF A BAR PASSER!

1. Joey, 15 years and 1 month old, stabbed Paul, 9 years and 3 months
old, which caused the latter’s death.
a. What crime(s) is/are committed? 10 pts. Explain fully.
b. State the defense(s) that Joey may avail. 10 pts. Explain fully.

ANSWER HERE:
A. Joey committed the crime of murder against Paul.

Since his age is above 15 but below 18 years old he may now be
charged with the criminal act. Under Article 248, murder is committed
when a person is killed and the accused killed the person which
qualifies the case of Joey stabbing Paul which causes Paul’s death
based on the facts given.

B. The following are the defenses that Joey may avail:

1. If found criminally liable, the minority of the accused is a privileged

mitigating circumstance. A discretionary penalty lower by at least two
(2) degrees than that prescribed for the crime committed shall be
imposed in accordance with Art. 68(1) of RPC. The sentence however,
should automatically be suspended in accordance with Sec. 5(a) of
R.A. No. 8369 (Family Courts Act of 1997);
2. Likewise if found criminally liable, the ordinary mitigating
circumstance of not intending to commit so grave a wrong as that
committed under Art. 13(3) of the RPC may apply.

2. Because of her overflowing love and affection, Mary 17 years old

eloped with his boyfriend Karlo, one month before her 18th birthday. With
the two of them alone in his boarding house, Karlo being a gentleman, only
caress, kiss, touch and fondle Mary’s private parts, because, Mary refused to
have sexual intercourse with him until she’s turned 18 years old. After her
18th birthday, Karlo and Mary have repeated consensual sexual intercourse.
a. What crime(s) is/are committed? 10 pts. Explain fully.
b. State the defenses that Karlo may avail. 10 pts. Explain fully.

ANSWER HERE:

A. Karlo committed the crime of Simple Seduction.

 Article 338 provides that when an offended party is below 18 years old
and in good reputation who had sexual intercourse with the offender
by means of deciet is guilty of simple seduction.

Since, Mary is only 17 years old even if she consented from the
touching of or fondling of her private areas but due to her minority,
then the actions of Karlo are guilty of Seduction.

Otherwise, Karlo will be liable for rape through sexual assault. As in

the 2000 case of People vs Campuhan the court ruled that a violation
of the body orifices by the fingers is within the expanded definition of
rape under RA 8353.

B. As to the defense of Karlo, he may fulfill the promise she made to

Mary. As in this case, in order to avoid further criminal liability, Karlo
may marry Mary in order to avoid criminal prosecution for the actions
he commits.

3. Marlon and Chester, both males, are married. They are both British
citizens and their marriage was celebrated on December 28, 2019, in London
where same sex marriage is legal. On their summer honeymoon vacation at
Boracay Philippines, Chester met Sam, a Filipino woman, whom Chester fell
in love with. Chester and Sam have their secret marriage celebrated before
the Municipal Mayor of Kalibo, Aklan, after complying with the requirements.
When Marlon discovered Chester’s marriage to Sam, he filed a complaint
before the Provincial Prosecutor of Kalibo, Aklan for Bigamy. Will the
criminal complaint prosper? 10 pts

ANSWER HERE:

No, the criminal complaint will not prosper.

In order for the crime of Bigamy to transpire the following elements

must be present as discussed in Art 349 of the RPC:
A. The offender is legally married;
B. The marriage is legally dissolved;
C. The offended contracted subsequent marriage;
D. And that the subsequent marriage has all the essential requisites of a
validity of a marriage.

In the case of Marlon and Chester, the problem occurs in the first
element which is the legal marriage. Although both of them have been
legally married in London, such marriage is not recognized in the Philippines.
Same sex marriage is not one of the valid marriages recognized by the law
even if valid elsewhere.
 Thus, the criminal complaint filed by Marlon will not prosper.

4. Curacha and Dindo are common law spouses and have been cohabiting
for 15 years now. After Dindo contracted sexually transmitted disease,
Curacha refused to have sexual intercourse with him, so he compelled her
using death threats, violence and force including infliction of physical injuries
if she continue to resist. He forcefully had sexual intercourse with her for 57
times for the past six months starting January 2020 to June 2020.
a. Discuss fully the crime(s) committed and criminal liability of Dindo. 10
pts.
b. Separately, supposed Curacha managed to kill Dindo on the 58th
occasion of said sexual intercourse sometime July 2020. What defense may
Curacha avail. 10 pts.

ANSWER HERE:

A. Dindo is guilty of 57 counts of rape.

In the case of People of the Philippines vs. Edgar Jumawan, the court
ruled that, clearly, it is now acknowledged that rape, as a form of
sexual violence, exists within marriage. A man who penetrates her
wife without her consent or against her will commits sexual violence
upon her, and the Philippines, as a State Party to the CEDAW and its
accompanying Declaration, defines and penalizes the act as rape under
R.A. No. 8353.

The penalty of rape is reclusion perpetua. Thus, if found guilty, Dindo

will suffer the penalty of Reclusion Perpetua 57 times.

B. Curacha may raise the defense of battered woman syndrome.

The law provides that victim-survivors who are found by the courts to
be suffering from battered woman syndrome do not incur any criminal
and civil liability notwithstanding the absence of any of the elements
for justifying circumstances of self-defense under the Revised Penal
Code.

In People vs. Genosa, G.R. No. 135981 January 15, 2004, the
Philippine Supreme Court, for the first time, elucidated on the concept
of the BWS.

In this case, a woman shot her husband because her husband was
beating her. She was not only defending herself, but also her fetus,
since she was 8 months pregnant. In this case, the woman was raising
the defense of BWS. Thus, the Supreme Court defined a battered
woman as a woman “who is repeatedly subjected to any forceful
 physical or psychological behavior by a man in order to coerce her to
do something he wants her to do without concern for her rights.

5. Alvin an employee of “Stupid Digital Loading Services”, which is

engaged in the business of wholesale digital money reloading. They cater
retail reloading centers for SMART Communications, Globelines, Sun Cellular,
Talk n’ Text, TM digital and several online prepaid cards and digital loading
systems. Alvin works on commission basis where he shall acquire 10% of
the collected cash payments from various retailer reloading centers. He will
deduct his earned commission before remitting the proceeds to “Stupid
Digital Loading Services”. Alvin arranged with his friend Peter, to rob him,
where Peter will hit Alvin’s head with the butt of a rifle which shall render
Alvin unconscious. Alvin was then attacked and sustained fatal injury and
was put into coma for 10 days. Eventually, Alvin recovered and they shared
in equal shares their loot in total amount of Php 2,874,000.00. What crime
is committed by Peter? What crime is committed by Alvin. Explain fully your
answer. 10 pts.

ANSWER HERE:

Alvin is guilty of Qualified Theft as the principal and Peter as accessory

to the crime of Alvin.

The theft committed by Alvin is committed with grave abuse of

discretion. Alvin abused the trust and confidence reposed upon him by the
management. The participation of Peter made him an accessory by
defrauding the Company into believing that Alvin was really robbed when in
fact it was Alvin’s idea to be injured in order to make the con believable

6. On August 28, 2020, the Astrodome at Digos was bombed resulting to

several deaths of person. On September 18, 2020 the Metro Railway Transit
at Pasay was derailed resulting to several deaths. On November 1, 2020
Asian Spirit boeing A3810 airplane was exploded in mid-air again resulted
into several deaths. On November 14, 2020, one Acmed Makabansa,
release a personal video on YouTube claiming responsibility of the above-
enumerated incidents. Acmed Makabansa was apprehended in a manhunt
operation yesterday, and is now brought for inquest before you. As the
prosecutor, what crime will you charge Acmed Makabansa? Discuss fully the
crime(s) committed. 10 pts.

ANSWER HERE:

Acmed Makabansa is in violation of Anti-Terrorism Act of 2020.

 Acmed is guilty of terrorism which includes causing mass destruction
through the use of explosive. For doing so, once found guilty will suffer life
imprisonment.

Under the absorption principle in terrorism, all other crimes committed

by Acmed Makabansa will now be absorbed by the act of terrorism.

7. Melai applied agricultural loan for Php 1,000,000.00 from LandBank of

the Philippines. During credit investigation, Cardo Dalisay, the assigned
investigator for Melai’s loan application, made an ocular inspection of the
land offered as security for the loan. Cardo found out that said land is
located in Kapatagan, Digos City, but there was no proper documentation
pertaining to the land. Melai obtained a Transfer Certificate of Title No.
209837 from a printing press located at Bolton St., Davao City and
submitted the same to Cardo. Cardo then indorse the loan with real estate
mortgage to be approved by the Manager. When Melai failed to pay the loan,
LandBank foreclosed the mortgage, however, it was discovered that the
parcel of land foreclosed is part of the reserved National Park at Kapatagan,
Digos City. Discuss the crimes committed and who committed such crimes,
if any? 10 pts

ANSWER HERE:

Melai is guilty of Falsification of private individuals and use of falsified

documents under Art 172.

In order to gain from the loan, Melai obtained a fake transfer of title
just to obtain the money she would appropriate.

As to Cardo, he is only administratively liable for endorsing the loan

and failing to ensure that the title is authentic. This is because Cardo did not
gain from the actions of Melai.

8. What are the five (5) pillars of our Criminal Justice System? Explain
briefly.

The five pillars are law enforcement, prosecution, judiciary, penology,

and the community.

The law enforcement consists of the officers and men of the Philippine
National Police (PNP), the National Bureau of Investigation (NBI), and other
agencies.
 The investigation and prosecution of all cases involving violations of
penal laws are lodged with the Department of Justice (DOJ) through its
National Prosecution Service (NAPROSS).

If the preliminary investigation results in the finding that a crime has

been committed and the suspect is probably guilty thereof, the public
prosecutor will file the corresponding information in the proper court; thus,
activating the judicial process.

Punishment is the isolation of the convicts by imprisonment for the

periods laid down by the courts or in extreme cases, their execution by the
method prescribe by law—and correction and rehabilitation are functions
undertaken by the institutions set up by law, e.g., the Bureau of Prisons,
Parole and Probation Administration.

After the convicts have passed through the correction component—

either unconditionally (as by full service of the term of imprisonment
imposed on them), or by parole or pardon—they go back to the community
and either lead normal lives as law-abiding citizens in their barangays, or,
regrettably, commit other crimes and thus, go back through the same
processes and stages of the criminal justice system.