CRIMINAL LAW

FINAL EXAMINATION

1. Are there crimes in the Revised Penal Code that can be committed solely by public
officers? If yes, explain each (at least 4). (5)
a. Arbitrary Detention
In UMIL v RAMOS, (187 SCRA 311), Subversion is a continuing crime. As such, authorities,
upon determination of probable cause may execute a valid arrest pursuant to Rule 113 of
the Revised Rules on Criminal Procedure.
b. derelection of duty
c. unjust judgement- the source of unjust judgement may either (a) error or (b) ill-will or
revenge or (c) revenge
d.

2. Distinguish rebellion, coup ’de tat and sedition and how the crime is identified if there
are mixtures of participants. (7)
Subversion like rebellion or insurrection is perceived as a continuing offense and
unlike other so called “common” offenses i.e. adultery, murder, arson, etc. which
generally end upon their commission, subversion and rebellion are anchored on an
ideological base which compels the repetition of the same acts of lawlessness and
violence until the overriding objective of overthrowing organized government is
attained. UMIL v RAMOS (187 SCRA 85) July 9, 1990, G.R. 81567

In deciding if the crime committed is rebellion, not murder, it becomes imperative for
the courts to ascertain whether or not the act was done in furtherance of a political
end. The political motive of the act should be conclusively demonstrated as it is not
enough that the overt acts of rebellion are duly proven otherwise if no political motive
is established and proved, the accused should be convicted of the common crime and
not of rebellion. PEOPLE v LOVERDIORO (250 SCRA 389) November 29, 1995, G.R.
112235

Where the purpose of the raid and acts of the raiders in rising publicly and taking up
arms, were not exactly against the Government and for the purpose of doing the
things defined in Article 134 of the Revised Penal Code under rebellion, but rather, by
means of force and intimidation, to inflict an act of hate or revenge upon the person
or property of a public official, the crime committed is sedition. PEOPLE v UMALI (96
PHIL 185) November 29, 1954 G.R. L-5803
3. Polano, a known religious cleric had been very vocal of his ideology of leading the
country through tenets of his religious belief. However, realizing the complexity of his
goal, he persuaded the brigade commander of his home province to separate the
province from the infestation of the national government. Convinced, they launched an
attack on the province taking the lives of thousands innocent civilians who refused to
adhere to their ideology. In a matter of few hours, the province was taken. After their
 success, they declared the independence of the province. What crime/s was
committed? (5)

4. After the Marawi siege has ended, Polano feeling free again roamed around the cleared
areas at night. Spotted by the police officers, Polano was brought to the provincial
capitol where he was told to stay there the whole night. Polano argued that he could
not be forced to stay at the complex of the provincial capitol since no curfew is being
enforced through a municipal ordinance. The head of the police company counter
argued, that he was not being detained but was brought only to the provincial capitol
where he was free to roam around, for his safety. Was there a crime/s committed?
Explain (5)
5. Suba was arrested for allegedly stealing two roasters in the morning of Friday. The
police officers brought to the judicial authorities on Monday. Polano, feeling violated,
filed a case of Delay in the delivery of detained persons to the proper judicial authorities
under article 25. He argued, that even assuming arguendo that that in flagrante arrest
was valid, however his detention which lasted for three days, is a violation of the
provision of article 125. Decide the case. (5) If Polano, despite having bailed was refused
released, what is his remedy? Explain. (5)
In PEOPLE v BURGOS, (144 SCRA 1), When the accused is arrested on the sole basis of a verbal
report, the arrest without a warrant under Section 6(a) of Rule 113 is not lawful and legal
since the offense must also be committed in his presence or within his view. It is not enough
that there is reasonable ground to believe that the person to be arrested has committed a
crime for an essential precondition under the rule is that the crime must in fact or actually
have been committed first. It is therefore, the contention of the accused is meritorious.
6. Polano is a police officer assigned at Marawi City. On the 23 rd of May 2017, Polano was
in Iligan for personal reasons. The siege of Marawi commences at late afternoon and
with this, Polano who had left behind his issued pistol by the PNP in their house, was not
able to retrieve the same. On their countdown inspection, he failed to present his
firearm. Upon inquiry, Polano explained the circumstances of why he failed to present
his issued firearm. What is the crime committed, if any? (5)

7. The City Mayor of Marawi, in the course of the siege, was in need of funding to aid the
Displaced constituents. With the budget itemed, what the mayor did was to realign
some of the funds of the city to finance the purchase of relief goods. Was there a crime
committed? Explain (5)
8. Distinguish forgery from falsification? (5)

In Del Rosario V People (3 SCRA 650), in forgery, the Possession of genuine treasury notes of
the Philippines any of "the figures, letters, words or signs contained" in which had been
erased and/or altered, with knowledge of such erasure and alteration, and with the intent to
use such notes of the Philippines, is punishable under Art. 168 in relation to Art. 166,
subdivision (1) of the Revised Penal Code. Thus, possession of genuine treasury notes of the
Philippine Government where one of the digits of the penultimate had been altered and
changed from 9 so as to read 0 is punishable.

While, in Siquian V People (171 SCRA 223) Falsification of public document is committed
when the accused issues a certification which states that funds are available for the position
to which a person is appointed and the accused knows that, in reality, the position itself does
not even exist and no funds had been appropriated therefor. The existence of a wrongful
intent to injure a third person is not necessary when the falsified document is a public
document. In falsification of public documents, the controlling consideration is the public
character of a document and the existence of any prejudice caused to third persons or, at
least, the intent to cause such damage becomes immaterial.

9. In a criminal case, Polano, a prosecution witness was being cross-examined by the

defense. The defense through the cross examination, was able to induce from the said
witness certain information already damaging to the prosecution’s case. The said
information must be removed from the transcript or else the prosecution would loss the
case. The prosecution lawyer approached the stenographer and promised to give him
P200, 000...00 if the latter would remove from the transcript certain information
revealed by the witness. The stenographer agreed. The prosecution lawyer told him to
prepare the revised transcript within three days. On the day the transcript was
supposed to be given to the prosecutor, the stenographer was arrested by the
policemen. What crime/s the stenographer and the lawyer may be held liable for?
Explain (15)
Both are forger. In People V Manansala, (58 PHIL 796), G.R. L-38948, When a person has in his
possession a falsified document and makes use of the same, the presumption or inference is
justified that such person is the forger. Here, there is an alteration of information. Hence,
forgery.

10. Polano was charged with the crime of theft. While he was at the witness stand, he was
asked first of his personal circumstances. He said that he is married with 3 kids and that
he is only 25 years old. However, he is actually single and is already 30 years old. May he
be held liable for the commission of the crime of perjury? (5)
In Diaz V People (191 SCRA 86), A person who stated under oath in his application to take a
police examination that he had never been convicted of any crime, when as a matter of fact
he has previous convictions, committed perjury. The elements of the crime of the crime of
perjury are: 1) the accused made a statement under oath or executed an affidavit upon a
material matter 2) that the statement or affidavit was made before a competent officer
authorized to receive and administer oath 3) accused made a willful and deliberate assertion
of falsehood 4) that a sworn statement or affidavit containing the falsity is required by law or
made for a legal purpose. Here, there is a false statement in the part of Polano. Hence, a
perjury.
 11. Identify and explain the variant crimes that may result in the felony of Kidnapping and
Illegal Detention. (7)

In People v Muit (568 SCRA 251), the elements of the crime of kidnapping and serious illegal
detention are the following: (a) the accused is a private individual; (b) the accused kidnaps or
detains another, or in any manner deprives the latter of his liberty; (c) the act of detention or
kidnapping is illegal; and (d) the commission of the offense, any of the four circumstances
mentioned in Article 267 is present. The totality of the prosecution’s evidence in this case
established the commission of kidnapping for ransom with homicide.

The essence of the crime of kidnapping is the actual deprivation of the victim’s liberty,
coupled with the intent of the accused to effect it. It includes not only the imprisonment of a
person but also the deprivation of his liberty in whatever form and for whatever length of
time. It involves a situation where the victim cannot go out of the place of confinement or
detention, or is restricted or impeded in his liberty to move.
12. Polano, a handsome and gorgeous professor of law, is the crush of most if not all of
female students in the college. Suba, one of the male students in the college, has been
passionately attracted to Polana, a classmate. However, Polana is affectionately
attracted to Polano. In one of their meetings, Polano called Polana to recite. Polana
could not answer, and Polano instead of getting angry, just winked at Polana and let her
sit. Enraged, Suba, after the end of the class, while Polano was preparing his coffee in
the canteen punched the latter. Charged for direct assault, Suba alleged that no such
crime was committed. Should the charge of direct assault prosper? Explain. (5)

In People v Tac-An, (182 SCRA 601), G.R. 76338-39, The last paragraph of Article 152 shows
that while a teacher or professor of a public or recognized private school is deemed to be a
"person in authority," such teacher or professor is so deemed only for purposes of application
of Articles 148 (direct assault upon a person in authority), and 151 (resistance and
disobedience to a person in authority or the agents of such person) of the Revised Penal
Code. Here, Polano being a person in authority who was punched by his student, Suba.
Hence, the charge of direct assault against the student prosper.
13. A policeman was running after a drug pusher. Since he could not catch up with him, he
shouted at the man standing there to help him arrest the pusher. The bystander was
able to catch the pusher but he was stabbed with a kitchen knife. What is the crime/s
committed? (5)

14. Distinguish highway robbery and brigandage. (5)

In People Vs. Laurente, G.R. No. 116734 March 29, 1996 the main object of the Brigandage
Law is to prevent the formation of bands of robbers. The heart of the offense consists in the
formation of a band by more than three armed persons for the purpose indicated in art. 306. Such
formation is sufficient to constitute a violation of art. 306. It would not be necessary to show, in a
 prosecution under it, that a member or members of the band actually committed robbery or
kidnapping or any other purpose attainable by violent means. The crime is proven when the
organization and purpose of the band are shown to be such as are contemplated by art. 306. On
the other hand, if robbery is committed by a band, whose members were not primarily organized
for the purpose of committing robbery or kidnapping, etc., the crime would not be brigandage,
but only robbery. Simply because robbery was committed by a band of more than three armed
persons, it would not follow that it was committed by a band of brigands. In the Spanish text of
art. 306, it is required that the band "sala a los campos para dedicarse a robar.

15. A bus line operator gave the chairman of the LTFRB and his family a vacation trip to
three key destinations in Asia. The chairman accepted the said gift. Did the operator and
the chairman commit any crime? Explain (6)
Yes. Republic Act 671 (The Code of Conduct and Ethical Standard for Public Officials and Employees)
prohibits public officials and employees from soliciting or accepting, directly or indirectly, any gift,
gratuity, favor, entertainment, loan, or anything of monetary value from any person; a. In the course
of their official duties; or b. In connection which may be affected by, the functions of their officer.
Here, the chairman and the operator are public officers, who shall take part in the performance of the
public functions in the government of the Philippine Islands. Hence, Republic Act 671 is committed.

16. Who are public officers under the RPC? (3)

In Nida P. Corpuz, Petitioner, Vs. People Of The Philippines, G.R. No. 241383, a public officer,
as defined in the RPC,18 is "any person who, by direct provision of law, popular election, or
appointment by competent authority, shall take part in the performance of public functions
in the Government of the Philippine Islands, or shall perform in said Government or in any of
its branches public duties as an employee, agent or subordinate official, of any rank or class.”
17. Do you deserve to pass? (2)
Yes. I deserve to pass because despite all the academic challenges brought by this pandemic I
did all the best I can just to cover all the readings in preparation to our online classes,quizzes
or exam though many times disconnected.

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