1. The Philippines is engaged in war with China.

A Filipino citizen named Rey

facilitated the supply of weapons and ammunition to the invading Chinese forces.
When Rey was arrested, he confessed to the police authorities the act he committed.
Thus, he was charged with treason. Is Rey’s confession sufficient to convict him for
the crime charged? Explain (3 points) *

No. In the crime of treason, for conviction, the accused should have a confession of his guilt upon the court, or with 2
witnesses testifying to the same over act. Extrajudicial confession of the accused cannot be considered for the
conviction.

2. The Abu Sayyaf group attacked and occupied Zamboanga City. The Philippine
military responded. During the prolonged fighting, Marwan, an Indonesian citizen
residing in Zamboanga City facilitated the supply of weapons, ammunition and food to
the Abu Sayyaf men and tipped them off on the location of Philippine army units. What
felony under the Revised Penal Code, if any, did Marwan commit? Explain (3 points)  *

The felony committed was Rebellion. It was committed when there was no war
against another country to which the Philippines was involved. Rebellion could be
committed by any person who committed public rising and taking arms agains the
government for the purpose of removal to the said Government or its laws whole or a
part of its territory, any land, naval or armed forces. Supplying the rebel group
weapons, ammunition and food is enough to be liable for rebellion as well.

3. Before the Abu Sayyaf attacked Zamboanga City, their leaders and men gathered
and planned the assault and occupation of the city. James, a Malaysian citizen
residing in Basilan but not an Abu Sayyaf member, gained knowledge of the group’s
conspiracy against the Philippine government when he accidentally witnessed and
overheard the group’s meeting. James did not disclose or inform the governor, mayor
or the concerned Philippine government officials of the Abu Sayyaf’s conspiracy
against the government. What felony under the Revised Penal Code, if any, did James
commit? Explain (3 points) *

James did not commit an act of felony because it was at a time of peace. The
conspiracy against the Philippine government was not an act to commit treason
because there was no war against another country in which the Philippines is involved
in, therefore he cannot be liable with misprision of treason or any felon under the RPC.

4. Rose caught her husband, Ryan, having sexual intercourse with Claire, a
policewoman and Ryan’s mistress, in the spouses’ bedroom. Surprised, Claire grabbed
her gun and aimed it at Rose, who was forced to flee. After 2 hours, Rose went to
Claire’s police station and seeing her seated inside, shot her several times, leading to
her death. Rose was charged with homicide, but during trial of the case, it was proven
that after she fled their house, Rose spent the entire time looking for a gun and when
she found one, went to the police station and shot Claire. Rose invokes the absolutory
cause under Art. 247 of the RPC as defense. Is Art. 247 applicable? Explain (3 points)  *

Rose can invoke Art 247 of the RPC to which when a legally married person surprises his or her
spouse at the act of committing sexual intercourse with another person, and immediately
thereafter kills any or both of them or inflicts serious physical injury, that it could be considered
an absolutory cause for the act committed. Immediately thereafter doesn’t necessarily mean
that right at the instant of the discovery. It is sufficient that the killing is a direct by product of
the accused rage, that the discovery, pursuit and killing must all be part of a continuous act.

5. Luis was convicted and sentenced with imprisonment for murder. He timely filed an
appeal over the trial court’s decision. He was in detention during the proceedings at
the trial court. While Luis’s appeal was pending, he escaped prison. Is he liable for
evasion of service of sentence? Explain (3 points) *

No. Luis is considered a detention prisoner since there is still a pending appeal and
has not had his final judgement of sentence. Only those convicted with final judgment
are liable for evasion of service of sentence, a detention prisoner has no liability for
evasion of sentence.

6. Based on the same facts provided in Item No. 5, if Luis was able to escape because
his brother, Angel, gave P20,000 to the prison guards in exchange for them leaving his
prison cell open, what felony or felonies if any under the Revised Penal Code did Angel
commit? Explain (3 points) *

Angel is liable for corruption of public officials since he gave money to the prison guards in
exchange for an unlawful act of deliberately leaving Luis’ prison cell open.

7. Harold, a police officer, armed with a Search Warrant issued by Regional Trial Court
of Manila Branch 23, entered the house of Charissa to search for suspected illegal
drugs. That time, Charissa and the other occupants of the house were away. Harold
used a false key to open the door which was locked. However, when he was inside the
house, Harold had a change of mind and left without searching any drugs, papers or
effects inside. Is Harold liable for Violation of Domicile? Explain (3 points) *
Yes. Despite the change of mind, Harold is still liable for Violation of Domicile in the 1 st
paragraph where in he had entered the dwelling against the owner’s will. The door being
closed, with no occupants inside, and the use of false key to open it is sufficient to conclude
that the entry was against the owner’s will.

8. Elaine killed the 2-day old daughter of her sister with the use of poison. The child
had intra-uterine life of 9 months. What felony, if any, did Elaine commit? Explain (3
points) *
Elaine had committed infanticide, because the elements of infanticide includes the
offender killing a viable person, and that victim is less than 3 days old.

9. Elaine wanted to kill her 3-day old daughter, who had intra-uterine life of 9 months.
She asked her boyfriend, Cesar, to do the killing. As agreed upon by them, Elaine left
her daughter alone in the house, then Cesar came and suffocated the child with a
pillow. What felony, if any, did Elaine and Cesar commit? Explain (3 points) *
Considering the deceased was less than 72 hours of age, the felony committed would
be infanticide for both Elaine and Cesar, both as principals, Elaine being principal via
inducement.

10. Kate was charged with homicide, a crime punishable by afflictive penalty. Warrant
of Arrest was issued against her. It was endorsed to Kelvin, a police officer, for
implementation. One Monday, Kelvin chanced upon Kate and arrested her. By Friday of
the same week though, Kelvin had not brought or delivered Kate to the court. There
were no holidays in between Monday and Friday. Is Kelvin liable for delay in the
delivery of detained person? Explain (3 points) *

No. Kelvin is not liable for the delay of delivery since there is already a warrant of arrest issued
against Kate. Delivery of detained person to the proper judicial authorities is not the literal
bringing of the person to the judicial authorities or court, but having an information or charge
file against the detainee. Kate was already charged and there was an issued warrant for her
arrest, thus there will be no need for her delivery to the court upon arrest.

11. Michael served sentence for Estafa. One day, he saw Efren, the RTC judge who
convicted him, shopping in a mall. Still angry at Efren for convicting him, Michael
punched the judge on the face. Due to the blow, Efren lost two front teeth which he
replaced with dentures. At the time of the attack, Efren is already a Court of Appeals
justice. What felony or felonies if any did Michael commit? Explain (3 points)  *

Michael committed Direct Assault and Serious Physical Injuries. In direct assault, he made an
attack to a person in authority by the reason of a past performance of his official duty. In serious
physical injury, he inflicted an assault that gave rise to a permanent and definite abnormality of
losing the two front teeth.

12. The Clerk of Court of MTC Manila Branch 1 agreed to prepare and sign an Order
making it appear that their Presiding Judge has ordered the release of a detention
prisoner. The prisoner’s brother promised to pay the Clerk of Court P50,000 for it. The
Clerk of Court had signed the Order imitating the Judge’s signature, but before she
could send it to the Jail Warden, she was arrested. At the time of her arrest, the Clerk
of Court has not received the P50,000. What felony or felonies did the Clerk of Court
commit? Explain (3 points) *

The Clerk of Court is liable for Falsification of Public Documents since he imitated the Judges’
signature and prepared a document to pass as an official one, even if no such official document
exists, which are part of the acts punished in the falsification of public documents.
He is also liable for direct bribery since there was an agreement to do an unlawful act in
exchange for a gift or the 50,000. Receiving the gift is immaterial, mere agreement is sufficient
for the commission of the crime.

13. A Philippine Army soldier, Grace, sold her service firearm and used the proceeds of
sale for her own personal benefit. When a surprise audit and inventory was conducted
in her unit, Grace could not produce her service firearm. She claimed that it was lost or
someone must have stolen it in their barracks. What felony, if any, did Grace commit?
Explain (3 points) *

Grace is liable for malversation of public property. The service firearm is a

public property, selling it for own personal gain makes her liable to
malversation.

14. Mario stabbed Ernie on the back. Ernie sustained an injury on his lung, which the
doctor considered as a mortal or fatal wound if not for the timely medical assistance
which saved Ernie’s life. Due to the grave injury, Ernie had to be confined in the
hospital and was incapacitated for work for more than a month. What felony, if any,
did Mario commit? Explain (3 points) *

Mario committed frustrated murder since the injuries Ernie sustained were mortal and fatal if
not for the timely medical assistance which saved his life. The treachery by stabbing on the back
qualifies it to frustrated murder.
15. Romeo, 18 years old, had sexual intercourse with his girlfriend, Maggie, 14 years
old. It was Maggie who persuaded and insisted on Romeo that they should have their
first sex. A year after they broke up, when Maggie was 16 years old already, she filed a
case for Rape against Romeo for the sexual intercourse. Is Romeo liable for Rape?
Explain (3 points) *

No. Maggie has consented, in fact even the one insisted to the sexual intercourse, thus there is
no liability by Romeo for rape. The only type of rape that has liability even with consent is
statutory rape which is only applicable for persons below 12 years of age.