Crim 2

Criminal Law
Past Bar Questions and Answers | 2005 - 2022

for the 2023 Bar
Criminal Law Past Bar Questions and Answers | 2005 - 2022 | for the 2023 Bar
Table of Contents
Interpretation of Penal Laws Rod) perpetrated the crime showed clearly the presence of
conspiracy. When a homicide takes place by reason or on the
Book I of the RPC 2 Mala in se and Mala prohibita
occasion of robbery, all those who took part shall be guilty of
the special complex crime of robbery with homicide, whether
Book II of the RPC and (2018) II. Rico, a hit man, positioned himself at the rooftop
or not they actually participated in the killing.
of a nearby building of a bank, to serve as a lookout for Red
Related Special Penal Laws 42 Regardless of the fact that the killing of the woman depositor
and Rod while the two were robbing the bank, as the three of
them had previously planned. Ramiro, a policeman, was individually performed by Rico, the basic principle in
conspiracy is that the “act of one is the act of all”, the criminal
Book I of the Revised Penal Code responded to the reported robbery. Rico saw Ramiro and, to
eliminate the danger of Red and Rod being caught, pulled the liability of Rod and Red is one and the same with that of Rico
(P. v. Hinlo (G.R. No. 212151, Feb. 18, 2015).
General Principles trigger of his ri e, intending to kill Ramiro. He missed as
Ramiro slipped and fell down to the ground. Instead, a
Felonies woman depositor who was coming out of the bank was fatally (2017) I. Tonito, an 8-year-old boy, was watching a free
shot. After their apprehension, Rico, Red, and Rod were concert at the Luneta Park with his father Tony. The child
Penalties charged with the special complex crime of robbery with stood on a chair to be able to see the performers on the stage.
homicide. Rico's defense was that he never intended to shoot Juanito, a 10-year-old boy, who was also watching the concert,
Execution and Service of Sentence could not see much of the performance on the stage because
and kill the woman, only Ramiro. Red and Rod's defense was
that they were not responsible for the death of the woman as Tonito was blocking his line of sight by standing on the chair.
Extinction of Criminal Liability
they had no participation therein. Using his elbow, Juanito strongly shoved Tonito to get a good
Civil Liabilities in Criminal Cases view of the stage. The shove caused Tonito to fall to the
(a) Is Rico's defense meritorious? (2.5%)
ground. Seeing this, Tony struck Juanito on the head with his
(b) Is Red and Rod's defense meritorious? (2.5%)
hand and caused the boy to fall and to hit his head on a chair.
General Principles Tony also wanted to strangle Juanito but the latter's aunt
(A) Rico’s defense is not meritorious, because the homicide
prevented him from doing so. Juanito sustained a lacerated
Mala in se and Mala prohibita was committed on the occasion of robbery; thus, the crime
wound on the head that required medical attendance for 10
committed is robbery with homicide as long as the killing
Scope and Characteristics days.
occurred on the occasion of the robbery whoever be the
Pro Reo Principle victim, whether intended or not. Tony was charged with child abuse in violation of Sec. 10(a),
in relation to Sec. 3(b)(2), of R.A. No. 7610 (Child Abuse
(B) No, the defense of Red and Rod’s is also not meritorious.
Ex Post Facto Law Law) for allegedly doing an "act by deeds or words which
The concerted manner in which the three (Rico, Red and
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debases, degrades or demeans the intrinsic worth and dignity that he had thereby intended to humiliate or embarrass provisions of the RPC cannot be applied and enforced against
of a child as a human being." In his defense, Tony contended Juanito. It appears that the laying of hands on Juanito have her because both she and the victim are not Filipino nationals,
that he had no intention to maltreat Juanito, much less to been done at the spur of the moment, and in anger, indicative and besides, the alleged crime was committed in an
degrade his intrinsic worth and dignity as a human being. of his being then overwhelmed by his fatherly concern for the Indonesian-registered vessel.
personal safety of his own minor son, Tonito, who fell to the
(a) Distinguish crimes mala in se from crimes mala (a) Is Ms. M's contention against the application of
ground due to the shoving by Juanito. With the loss of his
prohibita. (3%) the RPC against her tenable? Explain. (3%)
self-control, he lacked that speci c intent to debase, degrade or
(b) Was Tony criminally liable for child abuse under (b) Assuming that the provisions of the RPC can be
R.A. No. 7610? Explain your answer. (3%) demean the intrinsic worth and dignity of a child as a human applied against Ms. M, what crime under the
being that was so essential in the crime of child abuse; hence, RPC should she be charged with? Explain. (2%)
the crime committed is only slight physical injuries. (Bongalon
(A) Mala in se and mala prohibita are distinguished as follows:
y People, G.R. No. 169533, March 20, 2013)
(1) Mala in se are inherently wrong or immoral, while (A) No, the RPC can be applied and enforced against Ms. M
mala prohibita are not inherently wrong; they are only although both the o ender and the o ended party are foreign
Scope and Characteristics nationals and the crime was committed onboard a foreign
wrong because they are prohibited by law;
vessel. Based on the territorial principle, the English rule
(2) In mala in se, good faith or lack of criminal intent is a (2019) B.11. Ms. M, a Malaysian visiting the Philippines, was adopted in the Philippines, crimes perpetrated aboard foreign
defense, while in mala prohibita, good faith is not a about to depart for Hong Kong via an Indonesian-registered vessels are generally triable in the courts of the country within
defense; commercial vessel. While on board the vessel, which was still the territory in which they were committed. [People v. Wong
(3) Modifying circumstances can be appreciated in mala in docked at the port of Manila, she saw her mortal enemy, Ms. Chen, G.R. No. L-18924, October 19, 1922] Moreover, under
se. These circumstances can not be appreciated in mala A, an Australian citizen. Ms. A was seated at the front portion the Principle of Generality, the penal laws of the Philippines
prohibita, unless the special law that punishes them adopts of the cabin and was busy using her laptop, with no idea apply to all who live or sojourn in the country regardless of
the technical nomenclature of the penalties of the Revised whatsoever that Ms. M was likewise onboard the ship. their citizenship. The fact that the vessel was registered in
Penal Code; Consumed by her anger towards Ms. A, Ms. M stealthily Indonesia is likewise irrelevant. Thus, the killing committed by
approached the Australian from behind, and then quickly Ms. M while onboard an Indonesian-registered vessel that is
(4) Mala in se are punishable under the Revised Penal
stabbed her neck with a pocketknife, resulting in Ms. A's docked at the port of Manila is triable within the jurisdiction
Code; or special laws where the acts punishable therein are
immediate death. Operatives from the Philippine National of the Philippines.
wrong by nature. Mala prohibita are punishable under
special laws. Police - Maritime Command arrested Ms. M for the killing of (B) Ms. M should be charged with the crime of Homicide
Ms. A and thereafter, intended to charge her under the under the RPC. Article 249 of the RPC punishes any person
(B) Tony laid hands on Juanito without intent to debase the
Revised Penal Code (RPC). Ms. M contended that the who shall kill another without the attendance of any of the
intrinsic worth and dignity” of Juanito as a human being, or
qualifying circumstances mentioned in Art. 248, including it was held that since the Philippine territory extends to three
3. The penal law must not be a bill of attainder or one which
treachery. The suddenness of the attack does not by itself, miles from the headlands, when a foreign merchant vessel
punishes without due process.
su ce to support a nding of alevosia, even if the purpose was enters this three-mile limit, the ship’s o cers and crew become
to kill, so long as the decision was made all of a sudden and the subject to the jurisdiction of our courts. The space within 4. The penal law must not impose cruel, unusual, or degrading
victim’s helpless position was accidental [People v. Lubreo, three miles of a line drawn from the headlands which embrace punishment.
200 SCRA 11]. In a number of cases, the Court held that the entrance to Manila Bay is within territorial waters.
treachery cannot be appreciated simply because the attack was (2008) VI. Hubert and Eunice were married in the
In the case under consideration, the killing of Iason happened
sudden and unexpected [People v. Vilbar]. Philippines. Hubert took graduate studies in New York and
just a few moments after the vessel left the port of Manila.
met his former girlfriend Eula. They renewed their friendship
Hence, it is deducible that the crime was committed within
(2015) XII. Ando, an Indonesian national who just visited and nally decided to get married. The rst wife, Eunice,
the Philippine territory. The fact that the vessel is a
the Philippines, purchased a ticket for a passenger vessel heard about the marriage and secures a copy of the marriage
Malaysian-registered ship is irrelevant as it matters only when
bound for Hong Kong. While on board the vessel, he saw his contract in New York. Eunice led a case of Bigamy against
the crime was committed on the high seas.
mortal enemy Iason, also an Indonesian national, seated at the Hubert in the Philippines.
Moreover, the English rule which is observed in Philippine
back portion of the cabin and who was busy reading a a. Will the case prosper? Explain. (4%)
jurisdiction provides that crimes committed aboard merchant
newspaper. Ando stealthily approached Iason and when he b. If Eunice gave her consent to the second
vessels while in the territorial waters of another country are
was near him, Ando stabbed and killed Iason. The vessel is marriage, what will your answer be? Explain.
triable in that country, unless they merely a ect things within
registered in Malaysia. The killing happened just a few (3%)
the vessel or they refer to the internal management thereof
moments after the vessel left the port of Manila. Operatives
(Reyes, 2008). Killing a person does not only a ect the
from the PNP Maritime Command arrested Ando. Presented (A) No, because the Philippine Courts have no jurisdiction
internal management of the vessel as public interest is
for the killing of Iason, Ando contended that he did not incur over a crime committed outside of the Philippine territory.
involved. Thus, Philippine courts can take cognizance of this
criminal liability because both he and the victim were Under the principle of territoriality, penal laws, speci cally the
case.
Indonesians. He likewise argued that he could not be RPC, are enforceable only within the bounds of our territory
prosecuted in Manila because the vessel is a (Art. 2, RPC).
Malaysian-registered ship. (2012) III.b. What are the constitutional provisions limiting
the power of Congress to enact penal laws? (5%) (B) The answer will be the same. The consent of Eunice would
Discuss the merits of Ando's contentions. (4%) not confer jurisdiction on Philippine Courts.
1. The penal law must be general in its application, otherwise,
Ando’s contentions are not tenable. Pro Reo Principle
it would violate the equal protection clause.
In the case of US vs. Bull, 15 Phil. 7 (as cited in Reyes, 2008), 2. The penal law must not be an ex post facto law.
(2010) XII. application to the prejudice of the accused. It is provided previous membership in the Communist Party would be
under Article III, Section 22 of the Constitution. On the constitutionally impermissible.
b. What is the doctrine of pro reo? How does it relate to Article
other hand, a bill of attainder as de ned in the case of People
48 of the Revised Penal Code? (3%)
vs. Ferrer (48 SCRA 382, 395) is a legislative act which in icts Interpretation of Penal Laws
punishment without trial. Its essence is the substitution of a
(B) The doctrine of pro reo advocates that penal laws and laws
legislative act for a judicial determination of guilt. This is (2006) I. Motive is essential in the determination of the
penal in nature are to be construed and applied in a way
embodied under Article III, Section 14[I] of our commission of a crime and the liabilities of the perpetrators.
lenient or liberal to the o ender, constant to and consistent
Constitution.
with the constitutional guarantee that an accused shall be What are the instances where proof of motive is not
presumed innocent until his guilt is established beyond These two constitute constitutional limitations on the power essential or required to justify conviction of an accused?
reasonable doubt. of the lawmaking body to enact penal legislation. Give at least 3 instances. 5%
Following the pro reo doctrine, under Art. 48 of the Revised
penal Code, crimes are complexed and punished with a single (2014) V. Congress passed a law reviving the Anti-Subversion 1. When there is an eyewitness or positive identi cation of the
penalty (i.e., that prescribed for the most serious crime and to Law, making it a criminal o ense again for a person to join the accused.
be imposed in its maximum period). The rationale being that Communist Party of the Philippines. Reporma, a former
2. When the accused admitted or confessed to the commission
the accused who commits two crimes with a single criminal high-ranking member of the Communist Party, was charged
of the crime.
impulse demonstrates lesser perversity than when the crimes under the new law for his membership in the Communist
Party when he was a student in the 80’s. He now challenges 3. In crimes mala prohibita.
are committed by di erent acts and several criminal
resolutions. (People vs Comadre, 431 SCRA 366, 384 the charge against him. 4. In direct assault, when the victim, who is a person in
[2004]). However, Art. 48 shall be applied only when it would What objections may he raise? (3%) authority or agent of a person in authority was attacked in the
bring about the imposition of a penalty lesser than the actual performance of his duty (Art. 148, Revised Penal
penalties if prosecuted separately instead of being complexed. Reporma may raise the limitations imposed by the 1987 Code).
Constitution on the power of Congress to enact retroactive 5. In crimes committed through reckless imprudence.
Ex Post Facto Law penal laws which are prejudicial to the accused. Under the Bill
of Rights of the Constitution such is classi ed as an ex post
Felonies
(2015) II. Distinguish between ex post facto law and bill of facto law. It should be noted that when Congress
attainder. (3%) decriminalized the crime of subversion under R.A. 7637, it Criminal liabilities and felonies
obliterated the felony and its e ects upon Reporma.
Ex post facto law is a penal law which is given retroactive Consequently, charging him now under the new law for his
Aberratio ictus, Error in personae, and Praeter Criminal liabilities and felonies
(A) Honesto committed the crime of Homicide for the death
intentionem of Melba and a separate crime of slight physical injury for the
Aberratio ictus, Error in personae, and Praeter injury sustained by the passerby. Honesto is liable for
Impossible Crime intentionem
homicide since Art. 4 paragraph 1 provides that criminal
Stages of Execution liability is incurred by any person by committing a felony
(2015) X. Honesto and Wilma were married but had been
although the wrongful act done be di erent from that which
Continuing, Complex and Composite Crimes living separately due to irreconcilable di erences. Honesto
he intended which contemplated the situation of error in
later met Celia and fell in love with her. Thinking that he
Circumstances A ecting Criminal Liability personae or mistake in identity. In the case at bar, there was an
could marry Celia if Wilma were to die, Honesto decided to
error in personae or mistake in identity when the victim
kill Wilma. He secretly followed Wilma for weeks to learn her
Justifying Circumstances (Melba) was shot in the head and died, but she was mistaken
daily routine. He decided to kill her at night on her way home.
for another (Wilma) who was not at the scene of the crime.
Exempting Circumstances On the night he was to kill Wilma, Honesto wore dark clothes
so that he would not be easily seen. He waited in the dark alley Honesto is also liable for the crime of slight physical injury for
Mitigating Circumstances the injury sustained by the passerby since the bullet which
for Wilma to pass by. He saw someone whom he thought
looked like Wilma and shot her with a revolver. The bullet passed through Melba's head is the proximate cause of the
Aggravating Circumstances
passed through the person's head and grazed another injury applying Art. 4 paragraph 1 of the Revised Penal Code
Alternative Circumstances passerby's arm. Some bystanders who heard the shot were able and also the principle that "He who is the cause of the cause is
to stop Honesto. the cause of the evil caused." As a rule, the o ender is
Absolutory Causes
criminally liable for all the consequences of his felonious act is
It turned out that Wilma did not report for work on that day,
Persons Liable and Degree of Participation the proximate cause of the felony.
and the one who was shot in the head was Melba, who died.
The passerby whose arm was grazed by the bullet required There is no complex crime because under Article 48 of the
Principals, Accomplices, and Accessories
medical attendance for two days. Revised Penal Code, the single act committed must constitute
Conspiracy and Proposal a grave or less grave felonies. While homicide may constitute a
a) What crime(s) did Honesto commit? Explain.
grave felony, the injury on the arm sustained by the passerby
Multiple O enses (2.5%)
which required two days medical attendance is merely a slight
b) Will your answer be the same, assuming that the
Decree Penalizing Obstruction of Apprehension and physical injury.
other passerby was hit in the left eye which
Prosecution of Criminal O enders (PD 1829) caused his/her blindness? Explain. (2.5%) (B) My answer will not be the same if the other passerby was
hit in the left eye which caused his or her blindness. The crime
committed against the passerby is no longer slight physical
injury but serious physical injury under the 2nd paragraph of Freddie, he readily lent his gun, but told Ponciano: "O, it to kill another person, the owner of the gun is not an
Article 263 considering he/she lost her left eye. pagkabaril mo kay Freddie, isauli mo kaagad, ha." Later, accomplice as to the killing of the other person. While there
Ponciano killed Freddie, but used a knife because he did not was community of design to kill Freddie between Ponciano
In this case, Honesto will be liable for the complex crime of
Homicide with Serious Physical Injuries because a single act want Freddie’s neighbors to hear the gunshot. and Ruben, there was none with respect to the killing of
caused a grave and less grave felonies (Art 48, RPC). Homicide a. What, if any, is the liability of Ruben? Explain. Manuel.
is a grave felony while serious physical injuries is a less grave (3%)
felony. b. Would your answer be the same if, instead of (2008) II. While Carlos was approaching his car, he saw it
Freddie, it was Manuel, a relative of Ruben, who being driven away by Paolo, a thief. Carlos tried to stop Paolo
(2014) I. Macho married Ganda, a transgender. Macho was was killed by Ponciano using Ruben’s gun? by shouting at him, but Paolo ignored him. To prevent his car
not then aware that Ganda was a transgender. On their rst Explain. (3%) from being carnapped, Carlos drew his gun, aimed at the rear
night, after their marriage, Macho discovered that Ganda was a wheel of the car and red. The shot blew the tire which caused
transgender. Macho confronted Ganda and a heated argument (A) Ruben‟s liability is that of an accomplice only because he the car to veer out of control and collide with an oncoming
merely cooperated in Ponciano‟s determination to kill tricycle, killing the tricycle driver.
ensued. In the course of the heated argument, a ght took
place wherein Ganda got hold of a knife to stab Macho. Freddie. Such cooperation is not indispensable to the killing, a. What is the criminal liability of Carlos, if any?
Macho ran away from the stabbing thrusts and got his gun as in fact the killing was carried out without the use of Explain. (4%)
which he pointed at Ganda just to frighten and stop Ganda Ruben‟s gun. Neither way Ruben may be regarded as a b. What is the criminal liability of Paolo, if any?
from continuing with the attack. Macho had no intention at co-conspirator since he was not a participant in the Explain. (4%)
all to kill Ganda. Unfamiliar with guns, Macho accidentally decision-making of Ponciono to kill Freddie; he merely
pulled the trigger and hit Ganda that caused the latter’s death. cooperated in carrying out the plan which was already in place (A) Carlos has no criminal liability, he only acted in the lawful
(Art. 18, RPC). exercise of his right. It is his right to protect his property, and
What was the crime committed? (4%)
(B) No, the answer would not be the same because Ruben lent what he did was to aim and hit the wheel of the car and not
his gun purposely for the killing of Freddie only, not for any any particular person.
Considering that death resulted from Macho’s accidentally
pulling the trigger of his gun and even if there be no intent to other killing. Ponciano‟s using Ruben‟s gun in killing a (B) Paolo who acted with intent to gain, unlawfully took the
kill, the crime is still homicide. Here, intent to kill is person other then Freddie is beyond Ruben‟s criminal intent personal property of another with force upon things, is liable
conclusively presumed when the victim dies as a consequence. and willing involvement. Only Ponciano will answer for the for carnapping under R.A. 6539, as amended by R.A. 7659,
crime against Manuel. not quali ed theft (Peo vs. Bustinna).
(2009) V. Ponciano borrowed Ruben’s gun, saying that he It has been ruled that when the owner of the gun knew it
would use it to kill Freddie. Because Ruben also resented would be used to kill a particular person, but the o ender used Impossible Crime
crime/s committed (2.5%); and nalization. They were together in the car driven by Rafael
(2018) I. Roberto and Ricardo have had a long-standing
(b) If a crime was committed, what is the degree of going to the next town in escaping from the scene of the
dispute regarding con icting claims over the ownership of a
participation of Roberto, Rafael, and Ruel? crime.
parcel of land. One night, Roberto was so enraged that he
(2.5%)
decided to kill Ricardo. Roberto asked his best friend, Rafael,
to lend him a gun and drive him to Ricardo's house. Rafael (2018) IV. On the way home from work, Rica lost her
(A) Yes. In the case of Intod v. Court of Appeals (G.R. No. necklace to a snatcher. A week later, she saw what looked like
knew about Roberto's plan to kill Ricardo, but agreed to lend
103119, Oct. 21, 1992), the Supreme Court ruled that when her necklace on display in a jewelry store in Raon. Believing
him a gun nevertheless. Rafael also drove Roberto to the street
factual impossibility occurs because extraneous circumstances that the necklace on display was the same necklace snatched
corner nearest the house of Ricardo. Rafael waited for him
unknown to the actor or beyond his control, rendered the from her the week before, she surreptitiously took the necklace
there, until the task had been accomplished, so that he could
intended crime impossible of accomplishment, the o ense without the knowledge and consent of the store owner. Later,
drive Roberto to the next town to evade arrest. Roberto also
committed is an impossible crime (Art. 4, Par. 2, RPC); the the loss of the necklace was discovered, and Rica was shown on
asked another friend, Ruel, to stand guard outside Ricardo's
factual situation that made impossible the accomplishment of the CCTV camera of the store as the culprit. Accordingly,
house, for the purpose of warning him in case there was any
the crime intended when they prepared Ricardo’s room with Rica was charged with theft of the necklace. Rica raised the
danger or possible witnesses, and to keep other persons away
bullets, was the physical absence of the intended victim of the defense that she could not be guilty as charged because she was
from the vicinity. All three - Roberto, Rafael and Ruel - agreed
room. the owner of the necklace and that the element of intent to
to the plan and their respective roles.
(B) All the perpetrators (Roberto, Ricardo and Rafael) are gain was lacking.
On the agreed date, Rafael drove Roberto and Ruel to the
criminally liable as principals since the conspiracy among them What should be the verdict if:
nearest corner near Ricardo's house. Roberto and Ruel walked
was clearly established by their participation.
about 50 meters where Ruel took his post as guard, and (a) The necklace is proven to be owned by Rica?
Roberto walked about ve (5) meters more, aimed the gun at Roberto is principal by direct participation as he took a direct (2.5%)
Ricardo's bedroom, and peppered it with bullets. When he part in the execution of the plan to kill Ricardo by ring his (b) It is proven that the store acquired the necklace
thought that he had accomplished his plan, Roberto ran away, gun at the room of the intended victim. Rafael is principal by from another person who was the real owner of
followed by Ruel, and together they rode in Rafael's car where indispensable cooperation not only because he lent his gun to the necklace? (2.5%)
they drove to the next town to spend the night there. It turned Roberto fully knowing the unlawful intent of the latter, but
out that Ricardo was out of town when the incident also drove him to the place of the commission of crime and to (A) Under Art. 308 of the RPC, theft is committed by any
happened, and no one was in his room at the time it was a place where he could escape. person who, with intent to gain but without violence, against,
peppered with bullets. Thus, no one was killed or injured Ruel being involved in the criminal plan to kill Ricardo acted or intimidation of persons nor force upon things, shall take
during the incident. in conspiracy with the two (2) other perpetrators staying in personal property of another without the latter's consent.
(a) Was a crime committed? If yes, what is/are the the place from the time they planned the crime up to its While the CCTV captured Rica surreptitiously taking the
necklace from a jewelry store without the knowledge and (2022) 5. A police o cer responded to a disturbance call at
a) May Hector's charge of adultery against Wendy
consent of the store owner, she cannot be charged with theft, around 1:30 p.m. in an apartment in Quezon City. Upon his
and Ariel prosper? Explain. (3%)
because the taking was made under a claim of ownership. The arrival, the police o cer encountered Sisa stabbing her 1-year
b) What is an impossible crime? Can there be an
fact of ownership negates any intention to gain, as Rica cannot old child with a kitchen knife. The police o cer grabbed Sisa
impossible crime of adultery? (2%)
steal the necklace which she claims to own. and the latter threw the knife on the oor. Sisa was
immediately taken into custody. Despite su ering multiple
(B) Even if it was proven that the necklace was bought by the (A) No, the charge of adultery will not prosper because under
store from another person who was the real owner of the stab wounds on her back, the child survived. During the trial,
Article 333 of the Revised Penal Code, a crime of adultery is
necklace, Rica still cannot be held liable for theft absent a Sisa insisted that she can only be held liable for Attempted
committed by any married woman who shall have sexual
felonious intent. “Actus non facit reum, nisi mens sit rea”. A Parricide because she voluntarily desisted when she threw
intercourse with a man not her husband and by the man who
down the knife.
crime is not committed if the mind of the person performing has carnal knowledge of her knowing her to be married, even if
the act complained of is innocent. the marriage be subsequently declared void. One of the Is Sisa’s contention tenable? Explain briefly.
The ruling in U.S. v. Vera, 1 Phil 485, May 31, 1974 is elements therefore is that the o ender must be a married a
emphatic; i.e. if a person takes personal property of another woman. No, Sisa's contention is not tenable.
believing it to be his own, the presumption of intent to gain is In this case, Wendy is born male and not a woman hence, he Under the RPC, the felony committed is at its attempted stage
rebutted and therefore he is not guilty of theft. cannot be charged of adultery. if the non-performance of all acts of execution was due to
cause or accident other than his spontaneous desistance. The
(B) Impossible crime under Article 4 of the Revised Penal
(2015) XXI. Filipino citizens Hector and Wendy were Code is committed by any person performing an act which felony is on its frustrated stage if the o ender was able to
married in New York, and have been living happily in Manila would be an o ense against persons or property, were it not perform all acts of execution but the felony was not produced
for the last three years. Hector was removing junk from his by reason of causes independent of the will of the perpetrator.
for the inherent impossibility of its accomplishment or an
basement when he came across an unlabeled recordable cd. He account of the employment of inadequate or ine ectual Here, Sisa has performed all acts of execution before she threw
put it in his computer's DVD drive to check its contents. To means. the knife. She had already stabbed her child by then. She threw
his surprise, he saw a video of Wendy and another man Ariel, the knife after being caught by the police and not due to her
No, there can be no impossible crime of adultery. Impossible
in the act of sexual intercourse in the master's bedroom of his spontaneous desistance. The crime committed is therefore
crime under Article 4 of the Revised Penal Code applies to
house. Angered by what he saw, he led a complaint for frustrated parricide.
crimes against persons or property. Adultery is classi ed as a
adultery against Wendy and Ariel. During the course of the
crime against chastity.
trial, and again to the surprise of Hector, it was proved that
(2019) A.6. Mr. A has a long-standing feud with Mr. B. As
Wendy was born male and underwent sex reassignment later in
Stages of Execution payback for Mr. B's numerous transgressions against him, Mr.
life.
A planned to bum down Mr. B's rest house. One night, Mr. A
went to the rest house and started pouring gasoline on its the crime is simply arson, and the resulting homicide is
The crime committed is Attempted Arson. Under Article 6 of
walls. However, just as Mr. A had lit the match for burning, he absorbed; the Revised Penal code, there is an attempt when the o ender
was discovered by Mr. B's caretaker, Ms. C, and was
(b) if the main objective is to kill a particular person who commences the commission of a felony directly or over acts,
consequently prevented from setting the rest house on re. may be in the building or edi ce, when re is resorted to as and does not perform all the acts of execution which should
Mr. A was then charged with Frustrated Arson. a means to accomplish such goal, the crime committed is produce the felony by reason of some cause or accident other
(a) Is the charge of Frustrated Arson proper? murder only; and than this own spontaneous desistance. Arson in an inhabited
Explain. (2%) house or dwelling is committed when there is intentional
(c) if the objective is to kill a particular person, and in fact
(b) Assuming that Mr. A successfully burned down burning and what is intentionally burned is an inhabited
the o ender has already done so, but the re is resorted to
Mr. B's rest house, and as a result, Ms. C was as a means to cover up the killing, then there are two
house or dwelling.
trapped therein and was subsequently killed in separate and distinct crimes committed- homicide/murder Here, although Senio commences the commission of the
the fire, what crime/s did Mr. A commit? and arson. [People v. Sota and Gadjadli, G.R. No. 203121, crime of arson by pouring of gasoline around the walls of the
Explain. (3%)
November 29, 2017] Here the main purpose was to burn house of Bal, he failed to perform the act of burning when he
the house and the death of Mr. C was only incidental, was caught by the police hence, he is only liable of attempted
(A) No, the proper charge is Attempted Arson. Under Art. 6 hence, arson was committed and the homicide is absorbed. arson.
of the RPC, there is an attempt when the o ender commences
the commission of a felony directly by overt acts and does not
(2015) XX. Senio planned to burn Bal' s house. One evening, (2012) III.a. Is the crime of theft susceptible of
perform all the acts of execution which should produce the
during a drinking spree at his house, Senio told his friends commission in the frustrated stage? Explain your answer in
felony by reason of some cause or accident other than his own
what he intended to do and even showed them the gasoline in relation to what produces the crime of theft in its
spontaneous desistance. Here, Mr. A commenced the
cans that he would use for the purpose. Carlo, a common consummated stage and by way of illustration of the subjective
commission of arson by pouring gasoline on the house and
friend of Senio and Bal, was present at the drinking spree. He and objective phases of the felony. (5%)
lighting a match. However, he did not perform all the acts of
was still sober when Senio told them his plans. Before going
execution which includes setting the rest house on re. Thus,
home, Carlo warned Bal that Senio would burn his house and NO, the crime of Theft has no frustrated stage.
Mr. A should only be liable for Attempted Arson.
had already bought gasoline that would be used for the
In the case of Valenzuela vs. People (GR 160188, June 21,
(B) In cases where both burning and death occur, in order to purpose. Bal reported the matter to the police authorities.
2007), the Supreme Court ruled that unlawful taking is the
determine what crime was committed, there is a need to Meanwhile, Senio went to Bal' s house and proceeded to pour
element that produces the felony of Theft in its consummated
ascertain the main objective of the malefactor: gasoline around the walls of the house and it was at that point
stage. Once unlawful taking is complete, theft is
(a) if the main objective is the burning of the building or when he was caught by the police.
consummated. Unlawful taking is deemed complete from the
edi ce but death results by reason or on occasion of arson, What crime did Senio commit, if any? Explain. (3%) moment the o ender gains possession of the thing, even if he
has no opportunity to dispose of the same. At the same time, is not produce by reason of a cause independent of the will of or frustrated rape because in coup d’ etat the mere attack
without unlawful taking as an act of execution, the o ense the perpetrator, i.e., an immediate medical operation done on directed against the duly constituted authorities of the
could only be attempted theft. Thus, theft cannot have a the victim. Republic of the Philippines, or any military camp or
frustrated stage. Theft can only be attempted or installation, communication networks, public utilities or other
If Y died, X is liable of homicide because X has already
consummated. performed the acts/elements necessary for the accomplishment facilities needed for the exercise and continued possession of
power would consummate the crime. The objective may not
of homicide.
(2012) X.a. Explain and illustrate the stages of execution of the be to overthrow the government but only to destabilize or
Illustration of a felony committed though reckless paralyze the government through the seizure of facilities and
crime of homicide, taking into account the nature of the offense,
imprudence. utilities essential to the continued possession and exercise of
the essential element of each of the stages of execution and the
manner of committing such international felony as X was driving his car recklessly when he hit a pedestrian. governmental powers.
distinguished from felony committed through reckless If the pedestrian died, X is liable of Reckless Imprudence On the other hand, in the crime of rape there is no frustrated
imprudence. (5%) resulting in Homicide. Since the victim died, even if there was rape it is either attempted or consummated rape. If the
no intent to kill, the felony resulting from the imprudence is accused who placed himself on top of a woman, raising her
Illustration of an intentional felony, homicide and its 3 stages: homicide because intent to kill becomes a general criminal skirt and unbuttoning his pants, the endeavor to have sex with
attempted, frustrated and consummated. intent which is presumed by law. her very apparent, is guilty of Attempted rape. On the other
X, with intent to kill, shot Y. hand, entry on the labia or lips of the female organ by the
If the pedestrian did not die, X is liable of Reckless
penis, even without rupture of the hymen or laceration of the
If Y sustained a non fatal wound near the shoulder, X is liable Imprudence resulting in Physical Injuries. Since there was no
vagina, consummates the crime of rape. More so, it has long
of Attempted Homicide. X’s act of shooting Y is an overt act intent to kill on the part of X, the felony resulting from the
abandoned its “stray” decision in People vs. Erina 50 Phil 998
directly connected to homicide, however, he was not able to imprudence would only be physical injuries. There is no such
where the accused was found guilty of Frustrated rape.
perform all the acts of execution to bring about homicide by crime as Reckless Imprudence resulting in Frustrated or
reason some cause or accident other than his spontaneous Attempted Homicide because there was no intent to kill on
the part of the accused. Continuing, Complex and Composite Crimes
desistance, i.e., the wound in icted is non fatal.
If Y sustained a fatal wound on the chest that could have (2009) XIII. Angelo devised a Ponzi Scheme in which 500
caused his death were it not for the immediate medical (2005) I.4. Taking into account the nature and elements of the
persons were deceived into investing their money upon a
felonies of coup d’ etat and rape, may one be criminally liable
operation performed on him, the crime committed is promise of a capital return of 25%, computed monthly, and
for frustrated coup d’ etat or frustrated rape? Explain. (2%)
Frustrated Homicide. It is frustrated because when X in icted guaranteed by post-dated checks. During the rst two months
a fatal gunshot wound on Y, X has already performed all the following the investment, the investors received their pro ts,
acts of execution to bring about homicide, however, homicide No, one cannot be criminally liable for frustrated coup d’ etat
but thereafter, Angelo vanished. a) Complex crime under Article 48 of the Revised
acts arising from a single criminal resolution, not susceptible
of division, which are carried out in the same place and at
Angelo was charged with 500 counts of estafa and 2,000 Penal Code;
counts of violation of Batas Pambansa (BP) 22. In his motion about the same time, and violating one and the same penal
b) Special complex crime; and
to quash, Angelo contends that he committed a continued provision. The acts done must be impelled by one criminal
c) delito continuado. (3%)
crime, or delito continuado, hence, he committed only one intent or purpose, such that each act merely constitutes a
partial execution of a particular crime, violating one and the
count of estafa and one count of violation of BP 22. An ORDINARY COMPLEX CRIME is made up of two or
same penal provision. It involves a concurrence of felonious
a. What is delito continuado? (1%) more crimes being punished in distinct provisions of the
acts violating a common right, a common penal provision, and
b. Is Angelo’s contention tenable? Explain. (4%) Revised Penal Code but alleged in one information either
Impelled by a single criminal impulse (People vs. Ledesma, 73
because they were brought about by a single felonious act or
SCRA 77).
because one o ense is a necessary means for committing the
(A) Delito continuado refers to a crime constituted by several
overt acts committed by the o ender in one place, at about the other o ense or o enses. They are alleged in one information
so that only one penalty shall be imposed. As to penalties, Circumstances A ecting Criminal Liability
same time, and all such overt acts violate one and the same
provision of penal law, thus demonstrating that all such acts ordinary complex crime, the penalty for the most serious crime
shall be imposed and in its maximum period (2014) IX. A, B, and C agreed to rob the house of Mr. Dat 10
are the product of a single indivisible criminal relation. Hence,
o’clock in the evening, with C as the driver of the tricycle
all said acts are considered as one crime only. A SPECIAL COMPLEX CRIME, on the other hand, is
which they would use in going to and leaving the house of Mr.
made up of two or more crimes which are considered only as
(B) No, his contention is not tenable. He committed as many D, and A and B as the ones who would enter the house to get
count of estafa against the 500 victims and 2000 count of components of a single indivisible o ense being punished in
the valuables of Mr. D. As planned, C parked the tricycle in a
violation of BP 22, since each swindling is achieved through one provision of the Revised Penal Code. As to penalties,
dark place, while A and B entered the house thru an open
special complex crime, only one penalty is speci cally
distinct fraudulent machinations contrived at di erent time or door. Once inside, A entered the master’s bedroom and
dates, and in di erent amounts. Moreover, his drawing of prescribed for all the component crimes which are regarded as
started getting all the valuables he could see, while B entered
separate checks payable to each payee is a separate criminal one indivisible o ense. The component crimes are not
another room. While inside the room, B saw a male person
regarded as distinct crimes and so the penalty for the most
resolution, as they must be of di erent amounts and of and immediately B brought out his gun but he accidentally
di erent dates. He acted with separate fraudulent intent serious crime is not the penalty to be imposed nor in its
pulled its trigger. The bullet went through the window, hitting
against each swindling and issuing each check. It cannot be maximum period. It is the penalty speci cally provided for the
a neighbor that killed him. Neighbors were then awakened by
special complex crime that shall be applied according to the
maintained that hi acts are the product of one criminal the gun re and policemen were alerted. Not long after,
rules on imposition of the penalty.
resolution only. policemen arrived. A and B panicked and got hold of a young
DELITO CONTINUADO, or CONTINUOUS CRIME, boy and shouted to the policemen who were already outside of
(2005) I.1. Distinguish the following from each other: is a term used to denote as only one crime a series of felonious the house that they would harm the boy if the policemen did
not disperse. A and B demanded that they should be allowed part, Henry surreptitiously gained entry into the house and individual conspirator becomes secondary, each being held
to use a vehicle to bring them to a certain place and that would killed Jose who was then having his dinner. Henry found the liable for the criminal deed(s) executed by another or others.
be the time that they would release the young boy. The P500,000.00 and took it. Henry then took a can of gasoline As a conspirator, Mario casts his lot with his fellow
policemen acceded. In the meantime, Cwas arrested by the from the garage and burned the house to conceal the acts. conspirators and becomes liable to any third person who may
policemen while he was about to ee, while A and B, after Mario and Henry ed, but were arrested around 200 meters get killed in the course of implementing the criminal design.
releasing the young boy, were arrested. away from the house by alert barangay tanods. The tanods (People v. Punzalan, et al.. G.R. No. 78853, November 8,
recovered the P500,000.00. 1991)
What crime/s did A, B, and C commit, and what
modifying circumstances attended the commission of the Mario and Henry were charged with and convicted of robbery Henry is incorrect, since he acquired possession of the money.
crime/s? (6%) with homicide, with the aggravating circumstances of arson, The crime of robbery with force and intimidation is
dwelling, and nighttime. Mario moved to reconsider the consummated when the robber acquires possession of the
A, B and C committed the crime of robbery with homicide decision maintaining that he was not at the scene of the crime property, even if for a short time. It is no defense that they had
under paragraph 1 of Article 294 of the Revised Penal Code. It and was not aware that Henry killed the victim; hence, he was no opportunity to dispose of or bene t from the money
is immaterial that the death of a person occurred by mere guilty only of robbery, as an accomplice. Mario also claimed taken. (People v. Salvilia, et al., G.R. No. 88163, April 26,
accident. As long as homicide is produced by reason or on the that he conspired with Henry to commit robbery but not to 1990)
occasion of the robbery, the crime is robbery with homicide as kill Jose. Henry, likewise, moved to reconsider the decision,
Since the crime in robbery with force and intimidation against
it is only the result, without reference or distinction as to the asserting that he is liable only for attempted robbery with
persons (robbery with homicide), dwelling is aggravating.
circumstances, causes, modes or persons intervening in the homicide with no aggravating circumstance, considering that Arson, which accompanied the crime of robbery with
commission of the crime that has to be taken into he and Mario did not bene t from the P500,000.00. He
homicide is absorbed (Art. 294, RFC as amended by R.A. No.
consideration. They are not liable for the detention of the boy further alleged that arson is a felony and not an aggravating 7659) and is not aggravating because the RPC does not
as illegal detention is absorbed by the crime of robbery. circumstance; dwelling is not aggravating in attempted provide that such crime is an aggravating circumstance.
robbery with homicide; and nighttime is not aggravating
The modifying circumstance of dwelling attended the (People v. Regala, G.R. No. 130508, April 5, 2000)
because the house of Jose was lighted at the time he was killed.
commission of the crime. The settled rule is that dwelling is Nighttime, likewise, is not aggravating. There is no showing
aggravating in robbery with homicide. Resolve with reasons the respective motions of Mario that the same was purposely sought by the o enders to
and Henry. (7%) facilitate the commission of the crime or impunity.
(2005) VII. Jose employed Mario as gardener and Henry as
cook. They learned that Jose won P500,000.00 in the lotto, Mario is not correct. Mario conspired and acted in concert Justifying Circumstances
and decided to rob him. Mario positioned himself about 30 with Henry to commit robbery. Hence, the act of one is the
meters away from Jose’s house and acted as lookout. For his act of all and the extent of the speci c participation of each (2022) 1. Police o cer John ran after Randy who had just
killed Willy in John’s presence. John red at Randy in an away from her. Thereafter, Mr. R shot Mrs. V, which resulted crimes punishable by reclusion perpetua shall prescribe in 20
attempt to stop him in his tracks. In response, Randy red in her death. Mr. R's deeds were discovered on the very same years. Here, the crime of Robbery with Homicide is punished
back at John, hitting him. John was seriously wounded but night as he was seen by law enforcement authorities eeing the by reclusion perpetua. Thus, the crime shall prescribe in 20
survived due to timely medical assistance. Randy was then crime scene. years.
charged with Frustrated Homicide. During the trial, Randy
(a) What crime/s did Mr. R commit under the (C) No, Mr. R may not invoke the justifying circumstance of
claimed self-defense. Revised Penal Code? Explain. (2.5%) self-defense. There was no unlawful aggression on the part of
Is Randy’s claim of self-defense tenable? Explain briefly. (b) Based on your answer in question (a), within Mrs. V, who was defending her property. As the owner of the
what period should the prosecution file the cash and jewelry, Mrs. V had the lawful right to take back the
No, Randy's claim of self-defense is untenable. criminal charge against Mr. R in order to avoid goods stolen by Mr. R who was actually the unlawful
prescription? Explain. (2%) aggressor. (People v. Salamuddin, 52 Phil. 670)
Under the RPC, there should be unlawful aggression for a
(c) May Mr. R validly invoke the justifying
valid claim of self-defense.
circumstance of self-defense? Explain. (2.5%) (2016) III. Pedro is married to Tessie. Juan is the rst cousin
Here, John was in the performance of his duty as a police
of Tessie. While in the market, Pedro saw a man stabbing Juan.
o cer. His act of ring at Randy who was running away was (A) Mr. R committed Robbery with Homicide under Art. Seeing the attack on Juan, Pedro picked up a spade nearby and
not an act of unlawful aggression. Randy's claim of 293, in relation to Art. 294, par. 1 of the RPC. The elements hit the attacker on his head which caused the latter's death.
self-defense is therefore not sound. of the crime are: a) the taking of personal property with the
Can Pedro be absolved of the killing on the ground that
use of violence or intimidation against the person; b) the
it is in defense of a relative? Explain. (5%)
(2019) A.4. In dire need of money, Mr. R decided to steal property taken belongs to another; c) the taking is
from his next-door neighbor, Mrs. V. On the night of May 15, characterized by intent to gain or animus lucrandi; and d) on
2010, Mr. R proceeded with his plan and entered Mrs. V's No. The relatives of the accused for purpose of defense of
the occasion or by reason of the robbery, the crime of
bedroom by breaking one of the windows from the outside. relative under Article 11 (2) of the Revised Penal Code are his
homicide, as used it is generic sense, was committed. It must
Finding Mrs. V sound asleep, he silently foraged through her spouse, ascendants, descendants, or legitimate, natural or
be established that the original criminal design of the
adopted brothers or sisters, or of his relatives by a nity in the
cabinet, and stashed all the bundles of cash and jewelries he malefactor is to commit robbery and the killing is merely
could nd. same degrees, and those by consanguinity within the fourth
incidental thereto. Here, Mr. R’s intent to commit robbery
civil degree.
As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I preceded the taking of Mrs. V’s life. The killing took place on
will shoot you!", and when he turned around, he saw Mrs. V the occasion or by reason of the robbery. Relative by a nity within the same degree includes the
ascendant, descendant, brother or sister of the spouse of the
cocking a ri e which was pointed at him. Fearing for his life, (B) The prosecution should le the criminal charge within 20
accused. In this case, Juan is not the ascendant, descendant,
Mr. R then lunged at Mrs. V and was able to wrest the gun years from the date of discovery. Under Art. 90 of the RPC,
brother or sister of Tessie, the spouse of Pedro. Relative by
consanguinity within the fourth civil degree includes rst Amethyst's former suitor. Knowing how Allesso had
Under the RPC, the elements of the exempting circumstance
cousin. But in this case Juan is the cousin of Pedro by a nity of accident are, that the accused: (1) is performing a lawful act; aggressively pursued Amethyst, Aliswan fatally stabbed
but not by consanguinity, Juan, therefore, is not a relative of (2) with due care; (3) causes injury to another by mere Allesso. Aliswan immediately went into hiding afterwards.
Pedro for purpose of applying the provision on defense of
accident; and (4) without fault or intention of causing it. Upon learning from Amethyst about what Aliswan had done
relative. Pedro, however, can invoke defense of a stranger. to her, an enraged Amante wanted to teach Aliswan a lesson
Here, accident could not be appreciated herein as an
Under the revised Penal Code, a person who defends a person exempting circumstance simply because Dyord did not he would never forget. Amante set out the next day to look for
who is not his relative may invoke the defense of a stranger establish that he had acted with due care, and without fault or Aliswan in his school. There, Amante found a young man
provided that rall its elements exist, to wit: (a) unlawful intention of causing the injuries to Michael. Dyord should who looked very much like Aliswan. Amante immediately
aggression, (b) reasonable necessity of the means employed to have known that by pinning Michael against the pavement, he rushed and knocked the young man unconscious on the
prevent or repel the attack; and (c) the person defending be could not breathe. pavement, and then draped his body with a prepared tarpaulin
not induced by revenge, resentment, or other evil motive. reading RAPIST AKO HUWAG TULARAN. Everyone else
Dyord's defense of accident should not be appreciated. in the school was shocked upon witnessing what had just
Exempting Circumstances (People v. Delector, G.R. No. 200026, 4 Oct 2017) transpired, unable to believe that the timid and quiet Alisto,
Aliswan's identical twin brother, had committed rape.
(2022) 3. Michael was driving along the highway when he (2017) II. Sixteen year old Aliswan prodded Amethyst, his (a) A criminal complaint for attempted rape with
executed a prohibited U-Turn. Dyords, a police o cer, girlfriend, to remove her clothing while they were secretly homicide was brought against Aliswan in the
accosted Michael for the tra c violation. A verbal argument together in her bedroom late one evening. Failing to get a Prosecutor's O ce. However, after preliminary
ensued between them. Dyords suddenly drew his service positive response from her, he forcibly undressed her. investigation, the Investigating Prosecutor
rearm, and pointed it at Michael. Dyords ordered Michael to Apprehensive about rousing the attention of the household recommended the ling of two separate informations -
alight from his car, which the latter obeyed. Dyords then who did not know of his presence inside her room, she resisted one for attempted rape and the other for homicide. Do
handcu ed Michael and pinned his head and body against the him with minimal strength, but she was really sobbing in a you agree with the recommendation? Explain
pavement until he could no longer breathe. Michael died. mu ed manner. He then undressed himself while blocking- your answer. (3%)
Charged with Homicide, Dyords interposed the exempting the door. Yet, the image of a hapless and sobbing Amethyst (b) Before the trial court, Aliswan moved that the cases
circumstance of accident as a defense. soon brought him to his senses, and impelled him to leave her should be dismissed because he was entitled to the
If you were the judge, how would you resolve Dyords’ room naked. He did not notice in his hurry that Amante, the exempting circumstance of minority. Is his motion
defense? Explain briefly. father of Amethyst, who was then sitting alone on a sofa in the correct? Explain your answer. (3%)
sala, saw him leave his daughter's room naked. (c) After receiving medical attendance for 10 days, Alisto
I will not accept Dyord's defense of accident. Outside the house, the now-clothed Aliswan spotted Allesso, consulted you about ling the proper criminal
complaint against Amante. What crimes, if any, moreover, to be held liable of a special complex crime, there liable for the wrongful act done, and that is child abuse against
will you charge Amante with? Explain your must be a direct connection between the components thereof. Alisto, although it di ers from the wrongful act intended, and
answer. (3%) In this case, the homicide is not directly connected with the that is abusing Aliswan.
(d) Answering the criminal complaint led by Alisto, acts of lasciviousness since the killing was motivated by
Amante contended that he had incurred no criminal personal grudge of Aliswan against Alesso,which has no link to (2010) XIII. While his wife was on a 2-year scholarship
liability for lack of criminal intent on his part, his the crime committed against Amethyst. abroad, Romeo was having an a air with his maid Dulcinea.
intended victim being Aliswan, not Alisto. What is Realizing that the a air was going nowhere, Dulcinea told
(B) Since Aliswan’s age is above 15 but below 18, being the
this defense of Amante, and explain if the same twin brother of 16 year old Aliswan, the exempting Romeo that she was going back to the province to marry her
will prosper? (3%) childhood sweetheart. Clouded by anger and jealousy, Romeo
circumstance of minority shall be appreciated in his favor
unless it is shown that he acted with discernment. The cases strangled Dulcinea to death while she was sleeping in the
(A) I do not agree with the recommendation for the ling of are not dismissible since the prosecution must be rst given maid’s quarters.
attempted rape. Intent to have sexual intercourse is an essential opportunity to present evidence to establish that Aliswan The following day, Romeo was found catatonic inside the
element of attempted rape. In other words, intent to lie with acted with discernment. maid’s quarters. He was brought to the National Center for
the victim must be closer. However, this intent is not
(C) In Peopley Lasala (G.R. No. L-12141, January 30, 1962) Mental Health (NCMH) where he was diagnosed to be
established for failure to show that Aliswan had done acts to
which is similar to this case, the Supreme Court ruled that the mentally unstable.
have sex with Amethyst (Cruz.v. People, G.R. No. 166441,
crime committed is Less Serious Physical Injuries under Art Charged with murder, Romeo pleaded insanity as a defense.
October 08, 2014); or that Aliswan had actually commenced
265 of the Revised Penal Code as the medical attendance is for
to force his penis into the victim’s sexual organ (People v a. Will Romeo’s defense prosper? Explain. (2%)
a period of ten (10) days only.
Banzuela, G.R. NO. 202060, December 11, 2013). Moreover, b. What is the effect of the diagnosis of the NCMH
he spontaneously desisted from committing further lascivious Considering, however, that the Less Serious Physical Injuries on the case? (2%)
acts after undressing Amethyst which is a defense in attempted was in icted with manifest intent to insult or o end the
rape. Undressing the victim with lewd design merely o ended party or under circumstances adding ignominy to the (A) No, Romeo‟s defense of insanity will not prosper
constitutes acts of lasciviousness (People v. Sanico, G.R. No, o ense, there shall be an added penalty of ne not exceeding because, even assuming that Romeo was “insane” when
208469, August 13, 2014). P500 pesos (Art. 265, par. 2) diagnosed after he committed the crime, insanity as a defense
However, I agree with the recommendation of separate (D) The defense raised by Amante is error in personae. This to the commission of crime must have existed and proven to
charges instead of a special complex crime. Acts of defense is not proper because of Article 4 of the Revised Penal be so existing at the precise moment when the crime was being
lasciviousness cannot be merged with homicide to form a Code, which provides that a person committing a felony is committed. The fact of the case indicate that Romeo
special complex crime. There is no special complex crime of liable criminally although the wrongful act done be di erent committed the crime with discernment.
acts of lasciviousness with homicide under the statute books; from unlawful intent Thus, under this provision, Amante is
death of Dang, and 2) kidnapping with rape against her sister, Mr. X left Mr. Y barely breathing and almost dead. A few
(B) The e ect of the diagnosis made by NCMH is possibly a
suspension of the proceedings against Romeo and his Lyn. The victims, who were kidnapped and detained, were minutes after the incident, Mr. X immediately went to the
commitment to appropriate institution for treatment until he subsequently raped and killed (as regards Dang) in the course police station to confess what he did and told the police where
of their detention. The composite crime is committed he left Mr. Y. Fortunately, the police rescued Mr. Y and he
could already understand the proceedings.
regardless of whether the subsequent crimes were purposely survived with the help of timely medical intervention. Mr. X
sought or merely an afterthought (People v. Larranaga, G.R. was then charged in court with Frustrated Homicide, to which
(2006) XIII. Dang was a beauty queen in a university. Job, a
Nos. 138874-5, February 2004). he openly confessed his guilt upon arraignment.
rich classmate, was so enamored with her that he persistently
wooed and pursued her. Dang, being in love with another (B) Since the death penalty has already been prohibited, (a) Based on the above-stated facts, what is/are the
man, rejected him. This angered Job. Sometime in September reclusion perpetua is the appropriate penalty (RA. 9346). In mitigating circumstance/s that may be
2003, while Dang and her sister Lyn were on their way home, the case of the minor Nonoy, his penalty shall be one degree appreciated in favor of Mr. X. Explain. (2%)
Job and his minor friend Nonoy grabbed them and pushed lower (Art. 68, Revised Penal Code). (b) Under the Revised Penal Code, Homicide is punished
them inside a white van. They brought them in an abandoned with the penalty of reclusion temporal. Without
(C) Under RA. 9344, the Juvenile Justice and Reform Act,
warehouse where they forced them to dance naked. applying the Indeterminate Sentence Law, what
which retroacts to the date that the crime was committed,
Thereafter, they brought them to a hill in a nearby barangay Nonoy will be exculpated if he was 15 years old or below. penalty should be imposed against Mr. X
where they took turns raping them. After satisfying their lust, assuming that he is found guilty of the charge of
However, if he was above 15 years old but below 18 years of
Job ordered Nonoy to push Dang down a ravine, resulting in Frustrated Homicide, and that the presence of
age, he will be liable if he acted with discernment. As the
her death. Lyn ran away but Job and Nonoy chased her and problem shows that Nonoy acted with discernment, he will be two (2) ordinary mitigating circumstances have
pushed her inside the van. Then the duo drove away. Lyn was been duly alleged and proven? Explain. (3%)
entitled to a suspension of sentence.
never seen again.
(D) The non-recovery of Lyn's body is not material to the
(A) The mitigating circumstances of Voluntary Surrender and
a. What crime or crimes were committed by Job criminal liability of Job and Nonoy, because the corpus delicti Voluntary Confession of Guilt can be appreciated in Mr. X’s
and Nonoy? 2.5% of the crime which is kidnapping with rape of Lyn has been
favor. Mr. X voluntarily and immediately went to the police
b. What penalties should be imposed on them? 2.5% duly proven.
station after his altercation with Mr. Y. He acknowledged his
c. Will Nonoy's minority exculpate him? 2.5%
wrongdoing and saved the authorities’ time and investigative
d. Is the non-recovery of Lyn's body material to the Mitigating Circumstances resources [People v. Gervacio, G.R. No. 107328 September 26,
criminal conviction 2.5%
1994]. This satis es the requirements for Voluntary Surrender.
(2019) B.14. Mr. X and Mr. Y engaged in a violent st ght Mr. X likewise voluntarily pleaded “Guilty” in open court
(A) Job and Nonoy committed 1) kidnapping and serious which Mr. X instigated. This culminated in Mr. X repeatedly during his arraignment. This satis es the requirements for a
illegal detention with homicide and rape for the subsequent smashing Mr. Y's head on the concrete pavement. Thereafter, Voluntary Confession of Guilt, (a) that the o ender
spontaneously confessed his guilt; (2) that the confession of stabbed him in the back with a bladed weapon that he had circumstances of lack of su cient provocation and voluntary
guilt was made in open court, or before the competent court concealed in his waist. Hurt, Rannie ran to the nearest "kubol" surrender would be of no consequence as quasi-recidivism
that is to try the case; and (3) that the confession of guilt was where he fell. Robbie ran after him· and, while Rannie was cannot be o set by any ordinary mitigating circumstance
made prior to the presentation for the prosecution [People v. lying on the ground, Robbie continued to stab him, in icting (People v. Macariola, GR No. L-40757, 24 January 1983).
Bueza, G.R. No. 79619, August 20, 1990]. a total of 15 stab wounds. He died on the spot. Robbie
immediately surrendered to the Chief Warden. When (2012) II.
(B) Conformably with Art. 50 of the RPC, Frustrated
Homicide is punished with prision mayor, which is the prosecuted for the murder of Rannie, Robbie raised
a. What is a privileged mitigating circumstance? (5%)
penalty next lower in degree than that prescribed by law for provocation and voluntary surrender as mitigating
b. Distinguish a privileged mitigating circumstance from
the consummated felony. Assuming that two ordinary circumstances. The prosecution, on the other hand, claimed
an ordinary mitigating circumstance as to reduction of
that there was treachery in the commission of the crime.
mitigating circumstances were duly alleged and proven, the penalty and offsetting against aggravating
proper penalty should be prision correccional in its medium (a) Is Robbie a recidivist, or a quasi-recidivist? circumstance/s. (5%)
period. Under Art. 64, par. 5, where there are two or more (2.5%)
mitigating circumstances and no aggravating circumstances (b) Can the mitigating circumstances raised by (A) A privileged mitigating circumstance is that which if
are present, the court shall impose the penalty next lower to Robbie, if proven, lower the penalty for the crime present or attendant in the commission of a felony shall a ect
that prescribed by law, in the period that it may deem committed? (2.5%) the imposition of penalty as to degree.
applicable, according to the number and nature of such
(B) The distinctions between ordinary and privileged
circumstances. (A) Robbie is considered a quasi-recidivist pursuant to Article
mitigating circumstances are as follows:
160 of the RPC. At the time he stabbed Rannie which
(2018) VII. Robbie and Rannie are both inmates of the resulted in the latter's death, he had been convicted by nal 1. As to o setting: An ordinary mitigating circumstance can
National Penitentiary, serving the maximum penalty for judgment and had been serving sentence at the National be o set by a generic aggravating circumstance WHEREAS a
robbery which they committed some years before and for Penitentiary. In quasi-recidivism, the rst and second o enses privileged mitigating circumstance cannot be o set by any
which they have been sentenced by nal judgment. One day, need not be embraced in the same title of the RPC. A aggravating circumstance.
Robbie tried to collect money owed by Rannie. Rannie recidivist, on the other hand, requires that the crimes 2. As to reduction of penalty: An ordinary mitigating
insisted that he did not owe Robbie anything, and after a committed must be embraced in the same title of the RPC. circumstance, if not o set by an aggravating circumstance, has
shouting episode, Rannie kicked Robbie in the stomach. Because the killing of Rannie and the robbery, in which the e ect of lowering the imposable penalty to its minimum
Robbie fell to the ground in pain, and Rannie left him to go to Robbie was previously convicted by nal judgment, were not period WHEREAS a privileged mitigating circumstance has
the toilet to relieve himself. As Rannie was opening the door under the same title, Robbie cannot be considered a recidivist. the e ect of lowering the imposable penalty by one to two
to the toilet and with his back turned against Robbie, Robbie (B) No. If proven, the presence of the mitigating degrees.
148 of RPC means “by reason of the past performance of subsequent stabs were made the Judge was still alive, there is
Aggravating Circumstances
o cial duty because the purpose of the law is to allow them to no cruelty to speak of.
discharge their duties without fear of being assaulted by reason
(2017) VII. Bernardo was enraged by his conviction for A quasi-recidivist is a person who:shall commit a felony after
thereof (People y, Renegado, GR No. L-27031, May 31, having been convicted by nal judgment, before beginning to
robbery by Judge Samsonite despite insu cient evidence.
1974). Attacking Judge Samsonite by reason of past serve such sentence, or while serving the same (Article 160 of
Pending his appeal, Bernardo escaped in order to get even with
performance of duty of convicting Bernardo based on his the Revised Penal Code). In this case, Bernardo committed the
Judge Samsonite. Bernardo learned that the judge regularly
assessment of the evidences constitutes quali ed direct assault crime while the judgement” of conviction is on appeal. Thus,
slept in his mistress' house every weekend. Thus, he waited for
(US v. Garcia, G.R. No. 6820, October 16, 1911). quasi-recidivism cannot be considered since he did not
the judge to arrive on Saturday evening at the house of his
mistress. It was about 8:00 p.m. when Bernardo entered the Since the single act of attacking Judge Samsonite constitutes commit the crime after having been convicted by nal
house of the mistress. He found the judge and his mistress direct assault and murder quali ed by the circumstance of judgment.
having co ee in the kitchen and engaging in small talk. treachery, the two shall be merged together to form a complex
Without warning, Bernardo stabbed the judge at least 20 crime of direct assault with murder (People y Estonilo, Jr., GR (2017) VIII. Porthos made a sudden turn on a dark street,
times. The judge instantly died. No. 201565). and his Rolls-Royce SUV bumped the rear of a parked
Prosecuted and tried, Bernardo was convicted of direct assault Disregard of rank; being inherent in direct assault, is absorbed. Cadillac Sedan inside which Aramis was then taking a nap.
with murder. Disregard of age shall not be considered for lack of showing of Angered by the violent Impact, Aramis alighted and
intent to o érd or insult the age of Judge Samsonite (People v. confronted Porthos who had also alighted. Aramis angrily and
Rule with reasons whether or not the conviction for direct
Onabia, GR No. 128288, April 20, 1999). repeatedly shouted at Porthos: Putang Ina mo! Porthos,
assault with murder was justi ed, and whether or not the trial
displaying fearlessness, aggressively shouted back at Aramis:
court should appreciate the following aggravating Dwelling and nighttime shall not be appreciated because the
Wag kang magtapang-tapangan dyan, papatayin kita! Without
circumstances against Bernardo, to wit: presence of treachery in the instant case absorbs these
saying anything more, Aramis drew his gun from his waist and
aggravating circumstances.
(1) disregard of rank and age of the victim, who was shot Porthos in the leg. Porthos' wound was not life
68 years old; The crime is not aggravated by cruelty simply because: Judge threatening.
(2) dwelling; Samsonite sustained 10 stab wounds. For cruelty to be
(a) What are the kinds of unlawful aggression, and
(3) nighttime; considered as an aggravating circumstance, it must be proven
which kind was displayed in this case? Explain
(4) cruelty; and that in in icting several stab wounds on the victim, the
your answer. (3%)
(5) quasi-recidivism. (10%) perpetrator intended to exacerbate the pain and su ering of
(b) Standing trial for frustrated murder, Aramis
the victim. The number of wounds in icted on the victim is
pleaded self-defense. The Prosecution's
The phrase “on occasion of such performance” used in Article not proof of cruelty (Simangan v. People, G.R. NO: 157984,
contention was that the plea of self-defense
July 8, 2004). Unless there is proof that when the 2nd or
applied only to consummated killings. Rule, with each once the job is done.
In this case, there is neither actual nor imminent unlawful
explanations, on the tenability of Aramis' claim aggression. The statement “papatayin kita” neither constitutes At midnight, A, with the fully armed X, Y and Z, forcibly
of self-defense, and on the Prosecution's an attack with physical force or with a weapon, an o ensive act opened the door and gained entrance to the house of C and D.
contention. (3%) that positively determines the intent of the aggressor to cause C put up a struggle before he was subdued by A's group. They
(c) Porthos insisted that the element of treachery was the injury nor an impending attack, which is o ensive and boarded C and D in a van and brought the two to a small hut
present. To rule out treachery, Aramis asserted
positively strong. in a farm outside Metro Manila. Both hands of C and D were
that both he and Porthos were then facing and tied. With the help of X, Y and Z, A raped D in front of C. X,
confronting each other when he fired the shot. (B) The prosecution’s contention is not tenable. Shooting the
leg of the victim without killing him may be a reasonable Y and Z then took turns in raping D, and subjected C to
Rule, with reasons, on the respective contentions. torture until he was black and blue and bleeding profusely
(3%) means to prevent or repel an actual or imminent unlawful
aggression; hence, self defense is not con ned to consummated from several stab wounds. A and his group set the hut on re
killing. before leaving, killing both C and D. X, Y and Z were paid
(A) Unlawful aggression is of two kinds: their reward. Bothered by his conscience, A surrendered the
(1) actual or material unlawful aggression; and (C) There is no treachery as- the attack was preceded by heated next day to the police, admitting the crimes he committed.
words. The act was spontaneous, arising from the said
(2) imminent unlawful aggression. Actual or material circumstance. The sudden attack was not preconceived and As the RTC judge, decide what crime or crimes were
unlawful aggression means an attack with physical force or deliberately ads opted but was just triggered by the sudden committed by A, X, Y and Z, and what mitigating and
with a weapon, an o ensive act that positively determines the aggravating circumstances will be applied in imposing
infuriation on the part of the accused; because of the
intent of the aggressor to cause the injury. Imminent unlawful the penalty. Explain. (5%)
provocative act of the victims where their meeting: was purely
aggression means an attack that is impending or at the point of accidental .
happening; it must not consist in a mere threatening attitude, A, X, Y and Z are liable for two counts of kidnapping with
nor must it be merely imaginary, but must. be o ensive and murder quali ed by means of re, since C and D were killed in
(2016) XX. A, an OFW, worked in Kuwait for several years as
positively strong (like aiming a revolver at another with -intent the course of the detention. In a special complex crime of
a chief accountant, religiously sending to his wife, B, 80% of all
to shoot or opening a knife and making a motion as if to kidnapping with murder, it is immaterial that other crimes
his earnings. After his stint abroad, he was shocked to know
attack). were committed such as multiple rapes and arson.
that B became the paramour of a married man, C, and that all
Imminent unlawful aggression must not be a mere threatening the monies he sent to B were given by her to C. To avenge his Since multiple rapes and arson are committed by reason or on
attitude of the victim, such as pressing his right hand to his hip honor, A hired X, Y and Z and told them to kidnap C and his occasion of kidnapping, they shall be integrated into one and
where a revolver was holstered, accompanied by an angry wife, D, so that he can in ict injuries on C to make him su er, indivisible felony of kidnapping with murder (People v.
countenance, or like aiming to throw a pot (Rustia y People; and humiliate him in front of his wife. X, Y and Z were paid Larranaga, G.R. Nos. 138874-75, January 31, 2004).
G.R. No. 208351, October 05, 2016) P20,000.00 each and were promised a reward of P50,000.00 The mitigating circumstances of passion and voluntary
surrender can be appreciated in favor of A. The aggravating the bene t of parole, as the case may be in lieu of the death
(2010) IV. Because of the barbarity and hideousness of the
circumstances of unlawful entry, by means of re, and penalty.
acts committed by the suspects/respondents in cutting o
treachery can be appreciated against A, X, Y and Z.
their victims’ appendages, stu ng their torsos, legs, body parts
into oil drums and bullet-riddled vehicles and later on burying (2009) XIX. Delmo learned that his enemy, Oscar, was
(2014) XXI. During trial for theft in 2014, the prosecution these oil drums, vehicles with the use of backhoes and other con ned at the Intensive Care Unit (ICU) of the Philippine
managed to show that accused AA has also been convicted by earth-moving machinery, the Commission on Human Rights Medical Center. Intending to kill Oscar, Delmo disguised
nal judgment for robbery in 2003, but she eluded capture. A (CHR) investigating team recommended to the panel of himself as a nurse, entered the ICU, and saw a man lying on
subsequent veri cation showed that AA had several public prosecutors that all respondents be charged with the hospital bed with several life-saving tubes attached to the
convictions, to wit: violation of the "Heinous Crimes Law." The prosecution body. Delmo disconnected the tubes and left. Later, the
(1) In 1998, she was convicted of estafa; panel agreed with the CHR. resident physician doing his rounds entered the ICU and,
seeing the disconnected tubes, replaced them. The patient
(2) In 2002, she was convicted of theft; As the Chief Prosecutor tasked with approving the filing survived. It turned out that the patient was Larry, as Oscar had
of the Information, how will you pass upon the been discharged from the hospital earlier.
(3) In 2004, she was convicted of frustrated homicide;
recommendation? Explain. (5%)
The judge trying the theft case in 2014 is about to convict AA. Delmo was charged with frustrated murder, quali ed by
evident premeditation and treachery as aggravating
What circumstances affecting the liability or penalty The CHR is correct in describing the crime committed as
circumstances.
may the judge appreciate against AA? (4%) “heinous crimes”, as de ned in the preamble of the “Heinous
Crimes Law” (Rep. Act No. 7659), despite the passage of Rep. Discuss the propriety of the charge. (4%)
The judge may appreciate the aggravating circumstance of Act No. 9346 prohibiting the imposition of the death penalty.
recidivism. A recidivist is one who, at the time of his trial for However, the “Heinous Crimes Law” does not de ne crimes;
one crime, shall have been previously convicted by nal it is only an amendatory law increasing the penalty for the
judgment of another crime embraced in the same title of the crime speci ed therein as heinous, to a maximum of death. (2008) XV. Roger, the leader of a crime syndicate in Malate,
Revised Penal Code. Robbery. theft and estafa are crimes Thus, the heinous crime committed shall be prosecuted under Manila, demanded the payment by Antonio, the owner of a
against property embraced in Title Ten of the Revised Penal the penal law they are respectively de ned and penalized, such motel in that area, of P10,000 a month as "protection money".
Code. as the Revised Penal Code as the case may be. The With the monthly payment, Roger assured, the syndicate
The judge may also appreciate the aggravating circumstance of circumstances making the crimes heinous may be alleged as would provide protection to Antonio, his business, and his
habituality or reiteracion, because there have been two or qualifying or generic aggravating, if proper. The crime shall be employees. Should Antonio refuse, Roger warned, the motel
more crimes committed for which she has been punished, designated as de ned and punished under the penal law owner would either be killed or his establishment destroyed.
regardless of the degree of penalty. violated and the penalty shall be reclusion perpetua without Antonio refused to pay the protection money. Days later, at
round 3:00 in the morning, Mauro, a member of the criminal etc. and alike incendiary devices which resulted in the death of Absolutory Causes
syndicate, arrived at Antonio's home and hurled a grenade inti any person.
an open window of the bedroom where Antonio, his wife and (2019) B.16. Ms. E was charged with the complex crime of
2. Art. 23, R.A. organized/syndicated group.
their three year-old daughter were sleeping. All three of them Esta/a through Falsi cation of Public Documents before the
were killed instantly when the grenade exploded. trial court. Prior to her arraignment, Ms. E moved for the
Alternative Circumstances
dismissal of the criminal case against her, pointing out that the
State, with reason, the crime or crimes that had been
private o ended party is her biological father, and that such
committed as well as the aggravating circumstances, if (2008) IX. Dennis leased his apartment to Myla for P10,000 a
relationship is an absolutory cause under Article 332 of the
any, attendant thereto. (7%) month. Myla failed to pay the rent for 3 months. Gabriel , the
Revised Penal Code (RPC).
son of Dennis, prepared a demand letter falsely alleging that
Roger & Mauro conspired to commit the crime of murder his father had authorized him to collect the unpaid rentals. (a) Explain the concept of complex crimes under the
quali ed by treachery, with the use of means involving great Myla paid the unpaid rentals to Gabriel who kept the RPC. (2%)
waste and ruin. In this case, Mauro is liable as a principal by payment. (b) Is Ms. E's contention correct? Explain. (3%)
direct participation by using a grenade and Murder; Treachery
a. Did Gabriel commit a crime? Explain. (4%)
(2008) No. XV. Roger, the leader of a crime syndicate in (A) There are two kinds of complex crimes under Art. 48 of
b. Can Gabriel invoke his relationship with Dennis
Malate, Manila, demanded the payment by Antonio, the the RPC. The rst one is a compound crime, when a single act
to avoid criminal liability? Explain. (3%)
owner of a motel in that area, of P10,000 a month as constitutes two or more grave or less grave felonies. The
"protection money". With the monthly payment, Roger second one is a complex crime proper when an o ense is a
(A) Yes, Gabriel committed the crime of Estafa under Art.
assured, the syndicate would provide protection to Antonio, necessary means for committing the other.
315, Par. 2(a), RPC by fraudulent acts executed prior to or
his business, and his employees. Should Antonio refuse, Roger (B) No, Ms. E’s contention is incorrect. While Art. 332 of the
simultaneous with the fraud or falsely pretending to possess
warned, the motel owner would either be killed or his RPC provides an absolutory cause for the crimes of theft,
agency. Myla paid the money because she relied upon the
establishment destroyed. Antonio refused to pay the swindling or estafa, and malicious mischief against defendants,
demand letter prepared by Gabriel with the false allegation
protection money. Days later, at hurled into an open window the exemption does not apply to complex crimes.
that he was authorized to collect rentals.
of the victim‟s bedroom. Killing the victims while they were
sleeping and in no position to defend themselves, is a (B) No. Gabriel cannot invoke Art. 332, RPC (Persons
exempt from criminal liability). It is Myla, not the father (2018) XII. Orphaned when still an infant, Rocky lived
treacherous act (People v. Aguilar, 88 Phil 693, 1951).
under the care of his grandmother Rosario. Now 18, Rocky
Dennis, who is the o ended party under Art. 315 (2)(a) (Luis
The following are the aggravating circumstances: entered Rosario's bedroom who was then outside doing her
B. Reyes, The Revised Penal Code, Volume II, page 853,16th
1. Sec. 3, R.A. 8294 – when a person commits any of the Edition [2006]). daily marketing. He ransacked the bedroom and took
crime under the RPC or special laws with the use of explosive, Rosario's money and valuables amounting to PhP100,000.
upon to help when SP03 Relio explained that only he could prevailed upon by the said o cer. Unfortunately, when he
When Rosario came home, she found her room in disarray,
and her money and valuables gone. She confronted Rocky, help capture Rado because he used to be his customer. SP03 made the pre-arranged signal, he was arrested.
who confessed to taking the money and valuables in order to Relio then gave Emilo the marked money to be used in buying
It is settled doctrine that when there is instigation, the accused
shabu from Rado. The operation proceeded. After Emilo
pay his debts. must be acquitted.
handed the marked money to Rado in exchange for the sachets
(a) What crime, if any, did Rocky commit? (2.5%) of shabu weighing 50 grams, and upon receiving the (B) No, Rado cannot adopt Ernilo’s defense. The
(b) Does he incur criminal and/or civil liability? pre-arranged signal from Ernilo, SP03 Relio and his team surrounding circumstances present in the case of Ernilo are
(2.5%) members barged in and arrested Rado and Ernilo, who were absent in his case. Nowhere from the facts given that he was
both charged with violation of R.A. 9165, otherwise known as induced by the police o cers to commit a crime. His act of
(A) Rocky committed the crime of theft by taking his the Comprehensive Dangerous Drugs Act of 2002. selling prohibited drugs is a clear violation of the
grandmother’s money and valuables. He committed theft Comprehensive Dangerous Drugs Act of 2002.
a) What defense, if any, may Ernilo invoke to free
under Art. 308 which says: theft is committed by any person
himself from criminal liability? Explain. (2.5%)
who, with intent to gain but without violence against or Persons Liable and Degree of Participation
b) May Rado adopt as his own Ernilo's defense?
intimidation of person or force upon things shall take the
Explain. (2.5%)
personal property of another. Principals, Accomplices, and Accessories
(B) Rocky could incur civil liability only, not criminal liability, (A) Ernilo may invoke that he was instigated by the PDEA
as Art. 332 (RPC) provides that no criminal but only civil (2022) 4. Bernardo, a mayoralty candidate of Osram City,
team leader which is an absolutory cause. An absolutory cause
shall result from the commission of the crime of theft, wanted to eliminate Yori, his political opponent. Yori
is where the act committed is a crime but for reasons of public
swindling or malicious mischief committed caused mutually announced his intention to run for mayor of the same city. A
policy and sentiment, there is no penalty imposed. In
by the following persons: 1. Ascendants and descendant. month before the ling of candidacy, Bernardo and Benjamin
instigation, the law enforcer conceives the commission of the
met at a hotel and discussed their plan to kill Yori on the day
crime and suggests to the accused who adopts the idea and
(2015) IX. The Philippine Drug Enforcement Agency when he would le his certi cate of candidacy. Based on their
carries it into execution. (People vs. Marcos, G.R. No. 83325,
agreement, Bernardo would provide the guns and the money,
(PDEA) had intelligence reports about the drug pushing May 8, 1990, 185 SCRA 154, 164). Further, in instigation, a
activities of Rado, but could not arrest him for lack of while Benjamin would provide the personnel to cordon o all
public o cer induces an innocent person to commit a crime
roads leading to the COMELEC’s local o ce.
concrete evidence. SP03 Relio, a PDEA team leader, and would arrest him upon or after the commission of the
approached Emilo and requested him to act as poseur-buyer of crime by the latter. On the day of the execution of the plan, however, Benjamin
shabu and transact with Rado. Emilo refused, saying that he ew to Manila to avoid being involved in the planned killing of
In the case at bar, Ernilo was approached and requested by
had completely been rehabilitated and did not want to have Yori. Bernardo, determined to kill Yori, convened his own
SPO3 Relio to act as poseur buyer. He even refused but was
anything to do with drugs anymore. But he was prevailed armed group and laid out a new plan to kill Yori, and in
accordance with it, his armed group patrolled all the roads the caddy's lifeless body in the golf cart and dump it in the He then proceeded to the men’s room but told Mr. White and
leading to the COMELEC’s local o ce. Bernardo remained in nearby lake. The public o cial wanted to make it appear that Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White
his house and monitored the execution of the plan from there. the caddy died of drowning. asked Mr. Red what he meant but Mr. Red simply said, "You
As soon as Yori and his supporters passed by the main road at already know what I want," and then left. Mr. Blue and Mr.
The corpus delicti of the crime was discovered. Both the
around 2:00 p.m., Bernardo’s armed group opened re at high-ranking public o cial and the security guard were White proceeded to kill Mr. Green and hurt Ms. Yellow. (4%)
them. Yori was unharmed as he was inside a bulletproof
charged as co-conspirators for the crime of Homicide. (A) What, if any, are the respective liabilities of Mr.
vehicle, but ten of his supporters were killed. Bernardo, the Red, Mr. White and Mr. Blue for the death of
members of his armed group, and Benjamin were later charged Can the security guard be convicted as a principal to the
crime of Homicide? Explain briefly. Mr. Green?
with ten counts of Murder for the death of Yori’s supporters (B) What, if any, are the respective liabilities of Mr.
and one count of Attempted Murder of Yori.
Red, Mr. White and Mr. Blue for the injuries of
No, the security guard can not be convicted as principal in the
Discuss the criminal liability for the crimes charged Ms. Yellow?
crime of Homicide.
against each of the following:
To be charged and convicted as a principal to a crime, the (A) Mr. Blue and Mr. White are liable for the death of Mr.
(i) Bernardo,
accused must either have directly participated in, or induced Green as principals by direct participation. They were the ones
(ii) the members of Bernardo’s armed group, and the commission of the crime or that his or her cooperation was who participated in the criminal resolution and who carried
(iii) Benjamin. Explain briefly. indispensable in the commission of the crime. To be charged out their plan and personally took part in its execution by acts
as a co-conspirator, he or she must have come to an agreement which directly tended to the same end. Mr. Red cannot be
concerning the commission of a felony and decided to commit held criminally liable as principal by inducement because his
Bernardo, as principal by inducement, and his armed group, as
it. statement that Mr. Blue and Mr. White are to take care of Mr.
principals by direct participation, are liable for ten counts of
murder, and for the attempted murder of Yori. Benjamin, on Here, the security guard did not witness the incident nor had Green was not made directly with the intention of procuring
the other hand, has no criminal liability as he had no any active participation in the commission of the crime. The the commission of the crime. There is no showing that the
participation in the execution of the crime. crime was already committed when he came to the picture. He words uttered by him may be considered as so e cacious and
therefore can not be convicted as a principal to Homicide. powerful so as to amount to physical or moral coercion
(2021) 11. In an act of rage while playing golf, a high-ranking (People v. Assad, G.R. No. L-33673, February 24, 1931).
public o cial hit a caddy with a golf club at hole number 9 of (2014) XXII. Mr. Red was drinking with his buddies, Mr. Neither is there evidence to show that Mr. Red has an
a golf course. The caddy fell and died immediately. White and Mr. Blue when he saw Mr. Green with his former ascendancy or in uence over Mr. White and Mr. Blue (People
girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a v. Abarri, G.R. No. 90815, March 1, 1995).
The public o cial called a loyal security guard who did not
loud voice that if he could not have Ms. Yellow, no one can. (B) Mr. Blue and Mr. White are liable as principals by direct
witness the incident. The security guard was instructed to put
participation for the crime of physical injuries for hurting Ms. from criminal liability, being the brother of Modesto. (Article ascendant to Jake, she is exempt from criminal liability by
Yellow to the extent of the injuries in icted. Having no 20, RPC) express provision of Article 20 of the Revised Penal Code. On
participation in the attack upon Ms. Yellow, Mr. Red would the other hand, the criminal liability of Jake‟s aunt depends
He is also not liable as a fence under PD 1612, the Anti
have no criminal liability therefor. Fencing Law. The elements of fencing are: (1) that a crime of on her knowledge of his commission of the felony, her act of
robbery or theft has been committed; (2) that the accused, harboring and concealing Jake would render her criminally
(2013) I.III. Modesto and Abelardo are brothers. Sometime who was not a principal or accomplice in the crime of robbery liable as accessory to the crime of murder; otherwise without
in August, 1998 while Abelardo was in his o ce, Modesto, or theft, buys, receives, possesses, keeps, acquires, conceals, knowledge of Jake‟s commission of the felony, she would not
together with two other men in police uniform, came with sells, disposes, or buys and sells, or in any other manner deals be liable.
two heavy bags. Modesto asked Abelardo to keep the two bags with any article, item or object that is the proceeds of robbery
in his vault until he comes back to get them. When Abelardo or theft; (3) that the accused knows or should have known (2007) V.
later examined the two bags, he saw bundles of money that, in that the thing in his possession is the proceeds of robbery or a. Distinguish between an accomplice and a conspirator.
his rough count, could not be less than P5 Million. He kept theft; and (4) that there is, on the part of the accused, intent to b. What are the three (3) classes of offender in the crime of
the money inside the vault and soon he heard the news that a gain, for himself or for another. Although the rst 3 elements qualified seduction? Give an example of each.
gang that included Modesto had been engaged in bank are present, the last element of intent to gain is absent.
robberies. Abelardo, unsure of what to do under the Abelardo kept quiet about the 2 bags of money in the vault (A) 1. As to the criminal intent, conspirators know the
circumstances, kept quiet about the two bags in his vault. because he was unsure of what to do under the circumstances. criminal intention because they themselves have decided upon
Soon after, the police captured, and secured a confession from, such course of action. Accomplices come to know about it
Modesto who admitted that their loot had been deposited (2010) XXII. Immediately after murdering Bob, Jake went to after the principals have reached the decision, and only then
with Abelardo. do they agree to cooperate in its execution.
his mother to seek refuge. His mother told him to hide in the
What is Abelardo's liability? (7%) maid’s quarters until she nds a better place for him to hide. 2. As to the decision to commit the crime, conspirators decide
After two days, Jake transferred to his aunt’s house. A week that a crime should be committed; accomplices do not decide
Abelardo is not criminally liable. later, Jake was apprehended by the police. whether the crime should be committed, they merely assent to
Can Jake’s mother and aunt be made criminally liable the plan and cooperate in its accomplishment.
He is not liable as an accessory because he has no knowledge of
the commission of the crime of robbery. Mere presumption as accessories to the crime of murder? Explain. (3 %) 3. As to their participation, conspirators are the authors of a
will not su ce. Moreover, granting for the sake of argument crime, accomplices are merely their instruments who perform
that his act would amount to that of an accessory – concealing Obviously, Jake‟s mother was aware of her son‟s having acts not essential to the perpetration of the o ense. (People v.
the body of the crime or the e ects or instruments thereof to committed a felony, such that her act of harboring and Garcia, G.R. No. 133489, January 15, 2002).
prevent its discovery (Article 19, par.2, RPC) – he is exempted concealing him renders her liable as an accessory. But being an (B) Classes of o enders in the crime of quali ed seduction:
1. Those who abuse their authority, Example: Guardian, knowledge of her with the help of his buddies, A, B, and C. lookout, they actively participated in the commission of the
crime and are guilty as co-conspirators. [People v. Tumalip,
teacher and persons in authority On the day they decided to carry out the plan, and while
surreptitiously waiting for Ms. Y, C had a change of heart and G.R. No. L-28451, October 28, 1974] C may not be held
2. Those who abused the con dence reposed in them, criminally liable. C dissociated himself from the conspiracy
left. This notwithstanding, Mr. X, A, and B continued with
Example: Priest, house servant or a domestic when he had a change of heart and left. His disavowal of the
the plan and abducted Ms. Y by forcefully taking her to a
3. Those who abuse their relationship. Example: Brother or deserted house away from the city. There, Mr. X restrained conspiracy was e ective since he decided not to perform his
ascendant, whether legitimate or illegitimate (Article 337, Ms. Y's arms, while A held her legs apart. B stood as a lookout. part in the conspiracy before any material act of execution
RevisedPenal Code) Mr. X was then able to have carnal knowledge of Ms. Y, who leading to the Rape was committed. Mere knowledge,
was resisting throughout the entire ordeal. acquiescence, or approval of the act without cooperation is
Conspiracy and Proposal not enough to constitute one as a party to a conspiracy [Taer v.
Consequently, Mr. X was charged with the crime of Forcible CA, G.R. No. 85204, June 18, 1990].
Abduction under the Revised Penal Code.
(2021) 9. During one of their intense operational meetings,
the campaign manager of a presidential candidate openly (a) Is the charge against Mr. X proper? Explain. (2017) III. Overjoyed by the award to his rm of a
suggested, “Dapat ipapatay na lang natin ang mga (3%) multi-billion government contract for the development of an
bumabatikos sa kandidato natin.” (b) Assuming that A, B, and C are also charged, may economic and tourism hub in the Province of Blank, Mr.
they be held criminally liable together with Mr. Gangnam allotted the amount of P100 Million to serve as gifts
Later, the campaign manager was charged with the crime of
X? Explain. (2%) for certain persons instrumental in his rm's winning the
Proposal to Commit Murder.
award. He gave 50% of that amount to Governor Datu, the
Can the campaign manager be convicted of the offense (A) No, the charge against Mr. C is not proper. Mr. X should o cial who had signed the contract with the proper
charged? Explain briefly. be charged with the crime of Rape. Based on the facts, the authorization from the Sangguniang Panlalawigan; 25% to
main objective of Mr. X was to have carnal knowledge of Ms. Bokal Diva, the Sangguniang Panlalawigan member who had
No, the campaign manager can not be convicted of proposal Y. The crime of Forcible Abduction is absorbed in the crime lobbied for the award of the project in the Sangguniang
to commit murder because there is no provision in the RPC or of rape if the real objective of the accused was to rape the Panlalawigan; and 25% to Mayor Dolor of the Municipality
any special penal laws that punishes the act of proposing to victim [People v. Cayanan, G.R. No. 200080, Sept. 18, 2013]. where the project would be implemented. Governor Datu
commit murder. received his share through his wife, Provincial First Lady Dee,
(B) No. Only A and B may be held criminally liable together
with Mr. X. Under Art. 8, par. 1 of the RPC, a conspiracy who then deposited the amount in her personal bank account.
(2019) A.2. Mr. X has always been infatuated with Ms. Y. exists when two or more persons come to an agreement Previously, upon facilitation by Bokal Diva, Mr. Gangnam
Scorned by Ms. Y's disregard for his feelings towards her, Mr. concerning the commission of a felony and decide to commit concluded an agreement with Mayor Dolor for the
X came up with a plan to abduct Ms.Yin order to have carnal it. With A holding Ms. Y’s legs apart and B standing as a
construction of the Blank Sports Arena worth ₱800 Million. plunder. To be held liable for plunder, the pubic o cer must with any government contract or project for the development
The project was highly overpriced because it could be amass, accumulate or acquire ill-gotten wealth through a of an economic and tourism tub and for the construction of
undertaken and completed for not more than ₱400 Million. combination or series of overt or criminal acts. The word the Blank Sports Arena, respectively. Mr. Gangnam, for giving
For this project, Mayor Dolor received from Mr. Gangnam a “combination” means at least two di erent predicate crimes, kickbacks to Bokal Diva, and Terry for depositing the money
gift of ₱10 Million, while Bokal Diva got ₱25 Million. while the term “series” means at least two predicate crimes of in his account for Bokal Diva are also liable for plunder. Under
the same kind (Ejercito v. Sandiganbayan, G.R. Nos. RA No. 7080, any person who participated with the said
In both instances, Bokal Diva had her monetary gifts
deposited in the name of her secretary, Terry, who personally 157294-95, November 30, 2006). A single predicate crime public o cer in the commission of an o ense contributing to
maintained a bank account for Bokal Diva's share in amounting to 50 million pesos is not plunder. The intention the crime of plunder shall likewise be punished for such
government projects. of the lawmakers is that if there is only one predicate crime, o ense.
the o ender has to be prosecuted under the particular crime,
(a) May each of the above-named individuals be (B) In the case at bar, both type of conspiracy exists. The
which is already covered by existing laws. What is punishable distribution of commissions or gifts by Mr. Gangnam and the
held liable for plunder? Explain your answer. under the law is “acts of plunder”, which means that there
(4%) acceptance of Governor Datu, Bokal Diva, Mayor Dolor is a
should be at least two or more predicate crimes (See type of wheel conspiracy where a single person, Mr. Gangnam,
(b) Define wheel conspiracy and chain conspiracy. Is deliberation of the Bicameral Committee on Justice, May 7,
either or both kinds existent herein? Explain dealt individually with the public o cials to commit the overt
1991).
your answer. (4%) acts. The chain conspiracy, on the other hand, is evident in the
(c) What provisions of R.A. No. 3019 (Anti-Graft The series acts of receiving by Mayor Dolor Kickback or gift in overpricing of the sports complex through the facilitation of
& Corrupt Practices Act), if any, were violated the amount of P25 million and P10 million in connection Bokal Diva, the conclusion of the agreements by Mayor Dolor,
with any government contract or project for the development and the distribution of the gifts by Mr. Gangnam.
by any of the above-named individuals,
specifying the persons liable therefor? Explain of an economic and tourism hub and for the construction of
(C) Governor Datu, Mayor Dolor and Bakal Diva are liable for
your answer. (4%) the Blank Sports Arena, respectively, are predicate crimes of violation of Section 3 (b) of RA No. 3019 for receiving money
(d) What crimes under the Revised Penal Code, if plunder. However, the aggregate amount of il-gotten Wealth
in connection with government contract or transaction for the
any, were committed, specifying the persons acquired is less than P50 million. Hence, plunder is not development of an economic and tourism hub where they
liable therefor? Explain your answer. (4%) committed since element that the aggregate amount of have the right to intervene under the law. Mr. Gangnam for
ill-gotten wealth of at least P50 million is not present.
giving money to the said public o cers. and Dee, who received
(A) The act of receiving P50 Million by Governor Datu Bokal Diva is liable for plunder because he acquired ill-gotten the kickbacks for her husband, Governor Dato, are also liable
kickback in connection with any government contract or wealth in the aggregate amount of P50 million through a series for violation of Section 3 (b) of RA No. 3019 on the basis of
project for the development of an economic and tourism hub of predicate crimes consisting of receipts of kickback or gift in conspiracy (Go v The Fifth Division, Sandiganbayan, GR No.
is a predicate crime of plunder. He is not liable, however, for the amount of P25 million and P25 million in connection 172602, April 13, 2007).
Mayor Dolor and Bokal Diva are liable for violation of Section the intent was to detain the victim.
(2013) I.II. While walking alone on her way home from a
3 (b) of RA No. 3019 for receiving money in connection with party, Mildred was seized at gun point by Felipe and taken on As to the degree of their participation, Felipe, Julio, Roldan
government contract or transaction for the construction of board a tricycle to a house some distance away. Felipe was with and Lucio are all liable as principals. There was implied
the Blank Sports Arena; or violation of Section 3 (e) for giving Julio, Roldan, and Lucio, who drove the tricycle. conspiracy as they acted toward a single criminal design or
Mr. Gangnam, a private party, unwarranted bene ts, purpose. (People vs. Mirandilla, Jr., GR 186417, July 27,
At the house, Felipe, Julio, and Roldan succeeded in having
advantage or preference through manifest partiality 2011) Although Lucio was not around when the sexual
sexual intercourse with Mildred against her will and under the
andevident bad faith by entering an agreement for such assaults took place, there is complicity on his part as he was the
threat of Felipe's gun. Lucio was not around when the sexual
construction, which is highly overpriced; or violation of one who drove the tricycle at the time the victim was seized
assaults took place as he left after bringing his colleagues and
Section 3 (g) for entering, on behalf of the Government, into and he returned everyday to bring food and news to his
Mildred to their destination, but he returned everyday to bring
any contract or transaction for such construction manifestly conspirators.
food and the news in town about Mildred's disappearance. For
and grossly disadvantageous to the same. Mr. Gangnam for
ve days, Felipe, Julio and Roldan kept Mildred in the house
giving money to the said public o cers or for entering such (2012) IX.b. Distinguish by way of illustration conspiracy as a
and took turns in sexually assaulting her. On the 6th day,
contract is also liable for violation of Section 3 of RA No. felony from conspiracy as a manner of incurring liability in
Mildred managed to escape; she proceeded immediately to the
3019 on the basis of conspiracy (Gov The Fifth Division, relation to the crimes of rebellion and murder. (5%)
nearest police station and narrated her ordeal.
Sandiganbayan, G.R. No. 172602, April 13, 2007)
What crime/s did Felipe, Julio, Roldan, and Lucio
(D) Governor Datu, Mayor Dolor and Bokal Diva are liable Illustration of conspiracy as a felony – A, B, C, D, and E
commit and what was their degree of participation?
for indirect bribery under Art. 211, RPC for receiving money conspired to overthrow the government. For merely
(7%)
from Mr. Gangnam o ered to change by reason of their conspiring, they are already liable of Conspiracy to Commit
position as public o cers while the latter is liable for Rebellion penalized under Article 136, RPC. Here, conspiracy
Felipe, Julio, Roldan and Lucio are all liable for the special is a crime by itself because the law penalizes the mere act of
corruption of public o cer. Direct bribery is not committed
complex crime of Kidnapping and Serious Illegal Detention conspiring, without need for the o enders to actually commit
since there is no showing that they received the money by
with Rape. It was su ciently proved that the 4 accused rebellion, the crime agreed upon.
virtue of an agreement to commit a crime or unjust act in
kidnapped Mildred and held her in detention for 5 days and
connection: with the development of an economic and Illustration of conspiracy as a manner of incurring liability –
carnally abused her. Since it is a special complex crime, no
tourism hub and construction of the Blank Sports Arena. The A, B, and C conspired to kill X. They agreed to wait in
matter how many times the victim had been raped, the
facts given above merely showed receipt of gifts. ambush for X in a dark portion of the street where he usually
resultant crime is only one kidnapping and serious illegal
Meanwhile, Mr. Gangnam is liable for corruption of public detention with rape. The composite acts are regarded as a passes by. For merely conspiring, they are not yet liable. Here,
o cer under Article 212 of the RPC because of his act of single indivisible o ense with only one penalty. It is illegal conspiracy is only a means of committing a crime because the
giving gifts to the public o cers. detention and not forcible abduction since it was evident that law does not penalize conspiracy to commit murder. For A, B,
and C to become liable, they must actually commit the crime Decree Penalizing Obstruction of Apprehension and
(B) Mr. N will serve all this penalties of imprisonment for a
agreed upon, murder. Prosecution of Criminal O enders
total of 40 years. Under Art. 70 of the RPC, when the culprit
has to serve two or more penalties, he shall serve then
(2008) IV. Manolo revealed to his friend Domeng his desire to
Multiple O enses simultaneously if the nature of the penalties will so permit.
kill Cece. He likewise con ded to Domeng his desire to
However, the maximum duration of the convict’s sentence
borrow his revolver. Domeng lent it. Manolo shot Cece in
(2019) B.12. In November 2018, Mr. N, a notorious shall not be more than three-fold the length of time
Manila with Domeng's revolver. As his gun was used in the
criminal, was found guilty of three (3) counts of Murder and corresponding to the most severe of the penalties imposed
killing, Domeng asked Mayor Tan to help him escape. The
was consequently sentenced with the penalty of reclusion upon him. No other penalty to which he may be liable shall be
mayor gave Domeng P5,000.00 and told him to proceed to
perpetua for each count. A month after, he was likewise found in icted after the sum total of those imposed equals the same
Mindanao to hide. Domeng went to Mindanao. The mayor
guilty of ve (5) counts of Grave Threats in a separate criminal maximum period. Such maximum period shall in no case
was later charged as an accessory to Cece's murder.
proceeding, and hence, meted with the penalty of prision exceed 40 years.
mayor for each count. a. Can he be held liable for the charge? Explain.
(C) As to the crime of Murder, Mr. N cannot avail of the
(4%)
(a) What are the respective durations of the bene ts of the Intermediate Sentence Law (ISLAW).
b. Can he be held liable for any other offense?
penalties of reclusion perpetua and prision Reclusion perpetua is a single indivisible penalty, with no
Explain fully. (3%)
mayor? (3%) minimum or maximum periods. Hence, the ISLAW cannot be
(b) How long will Mr. N serve all his penalties of properly applied and a straight penalty of reclusion perpetua
imprisonment? Explain. (2.5%) (A) If Domeng is not the principal to the crime of murder, the
should be imposed. However, ISLAW can be applied to the 5
(c) May Mr. N avail of the benefits of the Mayor may not be held liable as accessory since he merely
counts of Grave Threats, so long as the penalty imposed for
Indeterminate Sentence Law with respect to his assisted in the escape of an accomplice. Par. 3 of Art. 19, RPC
each count does not exceed 6 years.
speaks of harboring or assisting in the escape of a principal.
convictions for Murder and Grave Threats?
(D) No, Mr. N is not a habitual delinquent. Under Art. 62 of The mayor, however can be held liable as principal in the
Explain. (3%)
the RPC, a person shall be deemed to be a habitual crime of maliciously refraining from instituting or prosecuting
(d) Is Mr. N considered a habitual delinquent?
delinquent, if within the period of 10 years from the date of an o ender under Art. 208 of the RPC.
Explain. (2.5%)
his last release or last conviction of the crimes of serious or less
(B) If Domeng is a principal by indispensable cooperation, the
serious physical injuries, robo, hurto, estafa, or falsi cation, he
(A) Under Art. 27 of the RPC, the penalty of reclusion mayor can be held liable as an accessory to the murder under
is found guilty of any of the said crimes a third time or oftener.
perpetua shall be from 20 years and 1 day to 40 years; while Art. 19 (3), RPC.
Here, Mr. N did not commit the speci c crimes above
the duration of the penalty of prision mayor shall be from 6
mentioned.
years and 1 day to 12 years. Penalties
Imposable Penalties morality (3%)? (A) Yes, because the penalty is less than one year, a straight
penalty may be imposed. (People v. Arellano, G.R. No, 46501,
Duration and E ects I would advise Senator Salcedo not to le the said bill. First, October 5, 1939)
the bill is unconstitutional as it violates the equal protection
Application (B) No, because Indeterminate Sentence Law does not apply
clause of the Constitution. It will create economic inequality
in our criminal justice system. Rich prisoners will enjoy better when the penalty imposed is less than one year (Sec. 2, Art.
Subsidiary Imprisonment
amenities and privileges than those who are poor. Second, the 4103, as amended).
Indeterminate Sentence Law bill will defeat the purpose of penalties in criminal law, which (C) No, because the Indeterminate Sentence Law will apply
Imposable Penalties is to secure justice, retribution, and reformation. when the minimum of the penalty exceeds one year.
(2013) I.XI. Assume that you are a member of the legal sta (2005) I.3. Distinguish pecuniary penalties from pecuniary (2005) III.2. E and M are convicted of a penal law that
of Senator Salcedo who wants to le a bill about liabilities. (2%) imposes a penalty of ne or imprisonment or both ne and
imprisonment at the National Penitentiary in Muntinlupa. imprisonment. The judge sentenced them to pay the ne,
He wants to make the State prison a revenue earner for the Pecuniary liabilities do not include restitution, but include jointly and severally, with subsidiary imprisonment in case of
country through a law providing for premium reparation of damages caused, the indemni cation for insolvency.
accommodations for prisoners (other than those under consequential damages, as well as nes and cost of the a) Is the penalty proper? Explain.
maximum security status) whose wives are allowed conjugal proceedings. b) May the judge impose an alternative penalty of
weekend visits, and for those who want long-term premium Pecuniary penalties include nes and cost of the proceedings. fine or imprisonment? Explain. (4%)
accommodations.
For conjugal weekenders, he plans to rent out rooms with (2005) III.1. Harold was convicted of a crime de ned and (A) The penalty is not proper. The two accused must
hotel-like amenities at rates equivalent to those charged by penalized by a special penal law where the imposable penalty is separately pay the ne, which is their penalty. Solidary liability
4-star hotels; for long-term occupants, he is prepared to o er from 6 months, as minimum, to 3 years, as maximum. State applies only to civil liabilities.
room and board with special meals in air conditioned with reasons whether the court may correctly impose the (B) No. A ne, whether imposed as a single or as an alternative
single-occupancy rooms, at rates equivalent to those charged following penalties: penalty, should not and cannot be reduced or converted into a
by 3-star hotels. prison term. There is no rule for transmutation of the amount
a) a straight penalty of 10 months;
What advice will you give the Senator from the point of b) 6 months, as minimum, to 11 months, as of a ne into a term of imprisonment. (People v. Dacuycuy,
view of criminal law, taking into account the purpose of maximum; G.R. No. L-45127 May 5, 1989)
imprisonment (7%) and considerations of ethics and c) a straight penalty of 2 years. (5%)
(2005) VIII. Pete, a security guard, arrived home late one de ne a felony. However, it went on to state that the penalty is 72319, June 30,1993; People vs. Lapiroso, G.R. No. 122507,
night after rendering overtime. He was shocked to see Flor, his merely banishment of the accused, intended for his protection. Feb. 25, 1999).[see Criminal Law Conspectus, page 156]
wife, and Benjie, his best friend, completely naked having Punishment, therefore, is not in icted on the accused.
sexual intercourse. Pete pulled out his service gun and shot and Application
(C) Yes, because the privilege de ned under this Article
killed Benjie. Pete was charged with murder for the death of exempts the o ender from criminal liability but not from civil
Benjie. Pete contended that he acted in defense of his honor liability. (People v. Abarca, G.R, No. L-74483, September 14, Subsidiary Imprisonment
and that, therefore, he should be acquitted of the crime. The
1987; Art. 12, Revised Penal Code)
court found that Benjie died under exceptional circumstances (2019) B.13. Mr. Q was found guilty beyond reasonable
and exonerated Pete of the crime, but sentenced him to doubt of the crime of Serious Physical Injuries, and
destierro, conformably with Article 247 of the Revised Penal Duration and E ects
accordingly, was sentenced to su er the penalty of
Code. The court also ordered Pete to pay indemnity to the imprisonment for an indeterminate period of six (6) months
heirs of the victim in the amount of P50,000.00. (2002) I.2. Under Article 27 of the Revised Penal Code, as
of arresto mayor, as minimum, to four (4) years, two (2)
amended by Republic Act (RA) No. 7959, reclusion perpetua
a) Is the defense of Pete meritorious? Explain. months, and one (1) day of prision correccional, as maximum.
shall be from 20 years and 1 day to 40 years.
b) Under Article 247 of the Revised Penal Code, is He was also ordered to pay the victim actual damages in the
destierro a penalty? Explain. Does this mean that reclusion perpetua is now a divisible amount of P80,000.00, with subsidiary imprisonment in case
c) Did the court correctly order Pete to pay penalty? Explain. (2%) of insolvency.
indemnity despite his exoneration under Article Was the imposition of subsidiary imprisonment proper?
247 of the Revised Penal Code? Explain. (5%) No, because the Supreme Court has repeatedly called the Explain. (3%)
attention of the Bench and the Bar to the fact that the
(A) No. A person who commits acts penalized under Article penalties of reclusion perpetua and life imprisonment are not
No, subsidiary imprisonment does not apply to civil liability
247 of the Revised Penal Code for death or serious physical synonymous and should be applied correctly and as may be
but only for non-payment of ne. Here, there is no penalty of
injuries in icted under exceptional circumstances is still speci ed by the applicable law. Reclusion perpetua has a
ne imposed by the trial court.
criminally liable. However, this is merely an exempting speci c duration of 20 years and 1 day to 40 years (Art. 27)
circumstance when the victim su ers any other kind of and accessory penalties (Art. 41), while life imprisonment has
no de nite term or accessory penalties. Also, life Indeterminate Sentence Law
physical injury. In the case at bar, Pete will su er the penalty of
destierro for the death of Benjie. imprisonment is imposable on crimes punished by special
laws, and not on felonies in the Code (People vs. De Guzman, (2021) 12. A crime de ned in the Revised Penal Code is
(B) In the case of People v. Abarca, G.R. No. 74433, punishable by arresto menor.
G.R. Nos. 51385-86, Jan. 22, 1993; People vs. Estrella, G.R.
September 14, 1987, the Court ruled that Article 247 does not
Nos. 92506-07, April 28, 1993; People vs. Alvero, G.R. No.
Temporal (Art. 342, RPC) but because there are two (2) more Indeterminate Sentence Law? Explain your
Finding the accused guilty beyond reasonable doubt of the
crime, should the judge apply the Indeterminate Sentence mitigating circumstances left and the penalty is divisible, in answer. (3%)
determining the maximum term, we have to reduce to Prision
Law?
Mayor and because there is no more mitigating and (A) Under the second part of the Indeterminate Sentence Law,
Explain briefly. aggravating circumstances to be considered, the maximum in cases where the o ense is punishable under special law, the
term shall be prision mayor in its medium period that is eight maximum indeterminate penalty shall not exceed the
No, the judge should not apply the Indeterminate Sentence (8) years and one (1) day to ten (10) years. The minimum, maximum limit of the prescribed penalty while the minimum
Law because it does not apply to those convicted of a crime term shall be any range within, that is from six (6) years and penalty shall not be less than the minimum limit thereof.
whose maximum term of imprisonment does not exceed one one (1) day to six (8) years. However, if the special law adopts the technical nomenclature
year. of the penalties under the Revised Penal Code (People v.
Thus Randy will su er as Minimum term any penalty ranging
Here, arresto menor has a maximum term of 30 days. The from six (6) months and one (1) day, and the maximum Macatanda, GR No. 51368, November 6, 1981), the provision
ISLaw is therefore inapplicable. term will be, any range from eight (8) years and one (1) day to of the Revised Penal Code will apply. Consequently, there will
ten (10) years of Prision Mayor. be an application of Art 64 of the Revised Penal Code.
(2018) VIII. Randy was prosecuted for forcible abduction The maximum penalty shall be xed within the range of the
attended by the aggravating circumstance of recidivism. After (2017) X. Sammy Peke was convicted of a violation of R.A. proper imposable period after taking into consideration the
trial, the court held that the prosecutor was able to prove the No. 123456 for selling fake books. The law prescribes the modifying circumstance; while the minimum penalty shall be
charge. Nonetheless, it appreciated in favor of Randy, on the penalty of prision correccional, a divisible penalty whose xed within the range of the penalty next lower in degree than
basis of the defense's evidence, the mitigating circumstances of minimum period is six months and one day to two years and that prescribed by law (People v. Simon, G.R. No. 93028, July
voluntary surrender, uncontrollable fear, and provocation. four months; medium period is two years, four months and 29, 1994; Jacaban v: People, G.R. No. 184355, March 23,
Under Art. 342 of the Revised Penal Code (RPC), the penalty one day to four years and two months; and maximum period 2015; Malto v. People; G.R. No. 164733, September 21, 2007;
for forcible abduction is reclusion temporal. is four years, two months and one day to six years. People v. Montalaba, G.R. No. 186227, July 20, 2011; People
Applying the Indeterminate Sentence Law, what penalty v. Musa, G.R. No. 199735, October 24, 2012; People v.
At arraignment, Sammy Peke pleads guilty to the crime
should be imposed on Randy? (5%) Salazar, G.R. No. 98060, January 27, 1997).
charged.
(B) Since Sammy Peke made a confession, the penalty of
(a) Explain how the Indeterminate Sentence Law is
Since he was found guilty of Forcible Abduction with one prision correccional prescribed for selling fake book shall be
applied in crimes punished by special laws. (3%)
aggravating circumstances of recidivism, this aggravating applied in its minimum period, which ranges from 6 months
(b) Supposing the trial judge imposes a straight
circumstance is o -set by one of the three mitigating and 1 day, to 2 years and 4 months. Thus, the court may opt to
penalty of imprisonment for one year, is the
circumstances; so the penalty to be imposed is still Reclusion impose a penalty of 1 year of 2 imprisonment within the range
penalty correct in the context of the
of the minimum period of prision correccional. In this case, where the victim and Bruno lived. Bruno, on the other hand, addition, Bruno proved the presence of 2 other mitigating
Indeterminate Sentence Law is applicable; therefore, the successfully proved that he voluntarily surrendered to the circumstances, namely: voluntary surrender and voluntary
straight penalty of one year of imprisonment is correct. authorities; that he pleaded guilty to the crime charged; that it plea of guilt.
was the victim who rst attacked and did so without any
(2016) I. Explain the application of the Indeterminate Sentence provocation on his (Bruno's) part, but he prevailed because he
managed to draw his knife with which he stabbed the victim. There are no aggravating circumstances present because it was
Law (ISL).
The penalty for homicide is reclusion temporal. not shown that Bruno disregarded the age of the victim or that
nighttime facilitated the commission. Further, dwelling
The court shall sentence the accused to an indeterminate Assuming a judgment of conviction and after cannot be appreciated as an aggravating circumstance because
sentence the maximum term of which shall be that which, in considering the attendant circumstances, what penalty the crime happened in the house where both Bruno and the
view of the attending circumstances, could be properly should the judge impose? (7%) victim lived.
imposed under the rules of the Revised Penal Code, and the
minimum of which shall be within the range of the penalty The Judge should impose an indeterminate penalty of arresto
next lower to that prescribed by the Code for the o ense; and mayor in any of its period as the minimum term of the Applying the Indeterminate Sentence Law, the maximum
if the o ense is punished by any other law (special law); the sentence to prision correccional in its medium period as the term of the indeterminate penalty should be within the range
court shall sentence the accused to an indeterminate sentence, maximum term of the sentence. Bruno was entitled to 2 of prision correccional in its medium period and the
the maximum term of which shall not exceed the maximum. privileged mitigating circumstances of incomplete self-defense minimum term should be within the range of the penalty next
xed by said law and the minimum shall not be less than the and the presence of 2 ordinary mitigating circumstances lower in degree or arresto mayor in any of its period.
minimum term prescribed by the same (Section 1, ISL, Act without any aggravating circumstance which under Articles 69
No. 4103 as amended by Act No. 4225). The court must, and 64(5), RPC, respectively, would lower the prescribed (2012) VI.a. What is the fundamental principle in applying
instead of a single xed penalty, except where the imposable penalty for homicide – reclusion temporal – to prision and interpreting criminal laws, including the Indeterminate
penalty is one (1) year or less, determine two penalties, referred correccional. Sentence Law? (5%)
to in the indeterminate Sentence Law as the “maximum” and
“minimum” terms.
The fundamental principle in applying criminal laws is the
There is incomplete self-defense because Bruno proved the
Doctrine of Pro Reo which provides that penal laws shall
presence of unlawful aggression, as it was the victim who rst
(2013) I.I. Bruno was charged with homicide for killing the always be construed liberally in favor of the accused. In dubio
attacked him, and did so without provocation on Bruno’s
75-year old owner of his rooming house. The prosecution pro reo, i.e., when in doubt, rule for the accused. This is in
part. There is, however, no reasonable necessity of the means
proved that Bruno stabbed the owner causing his death; and consonance with the constitutional guarantee that an accused
employed to prevent/repel the unlawful aggression because
that the killing happened at 10 in the evening in the house is presumed innocent until proven guilty beyond reasonable
Bruno used a knife to stab the weaponless aggressor. In
doubt. The public prosecutor objected to the sentence on the ground b. Will your answer be the same if it is a conviction
that the proper penalty should have been TWELVE (12) for illegal possession of drugs under R.A. 9165
(2012) VI.b. How is the Indeterminate Sentence Law applied (Dangerous Drugs Act of 2002), the prescribed
YEARS and ONE (1) DAY of reclusion temporal.
in imposing a sentence? (5%) penalty of which is also imprisonment for a term
The defense counsel chimed in, contending that application of of twelve (12) years and one (1) day to twenty
the Indeterminate Sentence Law should lead to the imposition (20) years? Why or why not? (3%)
Under the Indeterminate Sentence Law, there are two
of a straight penalty of SIX (6) MONTHS and ONE (1) DAY
formulae for determining the indeterminate penalty to be
of prision correccional only.
imposed on the convict – that for felonies under the RPC and (A) Under the Indeterminate Sentence Law, the minimum of
that for crimes de ned by special penal laws. Who of the three is on the right track? Explain. (3%) the sentence shall be anywhere within the range of 6 years and
1 day to 12 years imprisonment within the maximum of the
If the crime is penalized by the RPC, the maximum term of
None of the contention is correct because the Indeterminate sentence shall be anywhere within the range of Reclusion
the sentence shall be that penalty provided for by law after
Sentence Law for the crime of homicide, which is penalized by Temporal minimum i.e., not lower than 12 years and 1 day to
appreciating all the attending circumstances surrounding the
imprisonment exceeding one (1) year and is divisible, is not more than 14 years and 8 months.
commission of the crime, while the minimum term of the
covered by the indeterminate Sentence Law. The said law (B) No, my answer will not be the same because violations of
sentence shall be one degree lower than the maximum, the
requires that the sentence in this case should re ect a Rep. Act 9165 are mala prohibita in which mitigating and
range of the minimum left to the sound discretion of the
minimum term for purposes of parole, and a maximum term aggravating circumstances are not appreciated. Although in
court.
xing the limit of the imprisonment. Imposing a straight People v. Simon (234 SCRA 555 [1994]), it was held that Art.
If the crime is penalized by special laws, the minimum of the penalty is incorrect. 64 can be applied if the special law adopted the nomenclature
indeterminate penalty should not be less than the minimum
of penalties provided under the RPC, such pronouncement
of the penalty prescribed by the law and the maximum of the
(2009) XII. In a conviction for homicide, the trial court cannot be applied in the instant case because the for illegal
indeterminate penalty should not be beyond or should not appreciated two (2) mitigating circumstances and one (1) possession of drugs under R.A. 9165 do not follow the
exceed that of the maximum of the penalty prescribed by the aggravating circumstance. Homicide under Article 249 of the technical nomenclature of penalties in the RPC and thus,
special law. (Section 1, Indeterminate Sentence Law)
Revised Penal Code is punishable by reclusion temporal, an cannot be divided into periods. Hence, the existence of
imprisonment term of twelve (12) years and one (1) day to mitigating and aggravating circumstances cannot be
(2010) I. An agonizing and protracted trial having come to a twenty (20) years. appreciated.
close, the judge found A guilty beyond reasonable doubt of
a. Applying the Indeterminate Sentence Law,
homicide and imposed on him a straight penalty of SIX (6)
determine the appropriate penalty to be imposed. (2007) IV. Macky, a security guard, arrived home late one
YEARS and ONE (1) DAY of prision mayor.
Explain. (3%) night after rendering overtime. He was shocked to see Joy, his
wife, and Ken, his best friend, in the act of having sexual sentence, among others (Section 2, Indeterminate Sentence hand, forced her to undress. Wendy had no choice but to
intercourse. Macky pulled out his service gun and shot and Law). Macky is not entitled to an indeterminate sentence comply. Roman then tied Wendy's hands to her bed and
killed Ken. because he had evaded his sentence by entering the prohibited sexually assaulted her ve (5) times that night.
area. Evasion of service is not only committed when the
The court found that Ken died under exceptional Roman was charged with, and was convicted of, ve (5)
circumstances and exonerated Macky of murder but sentenced penalty of con nement or imprisonment is imposed but also counts of rape, but the judge did not impose the penalty of
him to destierro, conformably with Article 247 of the Revised when the penalty is destierro because it involves deprivation of reclusion perpetua for each count. Instead, the judge
Penal Code. The court also ordered Macky to pay indemnity liberty. sentenced Roman to 40 years of imprisonment on the basis of
to the heirs of the victim in the amount of P50,000. the three-fold rule.
a. Did the court correctly order Macky to pay Execution and Service of Sentence Was the judge correct? (7%)
indemnity even though he was exonerated of
Three-fold rule
murder? Explain your answer. The judge is not correct. The Three Fold Rule applies to
b. While serving his sentence, Macky entered the Probation Law service of sentence, not on the imposition of penalty. The
prohibited area and had a pot session with Ivy computation under the three-fold rule is for the prison
(Joy’s sister). Is Macky entitled to an Juvenile Justice and Welfare Act authorities to make. The court must impose all penalties for all
indeterminate sentence in case he is found guilty the crimes the accused have been found guilty of. The court
Republic Act No. 10951
of the use of prohibited substances? Explain your must impose a penalty for each rape. The proper penalty,
answer. Community Service Act therefore, is reclusion perpetua for each count of rape.
Three-fold rule
(A) The court correctly ordered Macky to pay indemnity. Probation Law
Death under exceptional circumstances as de ned under
Article 247 is an absolutory cause that exempts the o ender (2013) I.IX. Roman and Wendy are neighbors. On
(2019) B.15. In June 2017, Mr. P was criminally charged
from criminal liability. In exempting circumstances, there is a Valentine's Day, without prior notice, Roman visited Wendy
with Quali ed Theft under the Revised Penal Code. After due
crime but there is no o ender because the latter is exempt. at her condo to invite her to dinner, but Wendy turned him
proceedings, the Regional Trial Court found him guilty
There being a crime committed, civil liability may be properly down and abruptly left, leaving her condo door unlocked.
beyond reasonable doubt, and accordingly, sentenced him to
awarded. (People v. Coricor, G.R. No. 48768, December 4, Roman attempted to follow, but appeared to have second
su er the penalty of imprisonment for an indeterminate
1947). thoughts; he simply went back to Wendy's condo, let himself
period of six (6) years and one (1) day of prision mayor, as
in, and waited for her return. On Wendy's arrival later that
(B) The Indeterminate Sentence Law provides that its minimum, to fourteen (14) years and one (1) day, of reclusion
evening, Roman grabbed her from behind and, with a knife in
provisions shall not apply to persons who have evaded temporal, as maximum. Thereafter, Mr. P applied for
probation. petition for probation. a) What is the proper period of probation?

(a) May Mr. P be extended the benefits of the The brothers’ counsel argued that they being rst time b) Supposing before the Order of Discharge was issued
Probation Law? Explain. (3%) o enders, their petitions for probation should be granted. by the court but after the lapse of the period of
(b) In what instance may an accused who appeals a How would you resolve the brothers’ petitions for
probation, Maganda transferred residence without
judgment of conviction still apply for probation? prior approval of the court.
probation? Explain. (3%)
Explain. (3%)
May the court revoke the Order of Probation and
The brother’s petition for prohibition should both be denied. order her to serve the subsidiary imprisonment?
(A) No, Mr. P may not be extended the bene ts of Probation Explain. (5%)
Law because he is a disquali ed o ender. Under Section 9 of Matt’s petition for probation shall be denied because he was
PD 968, as amended by RA 10707, the bene ts of probation convicted for drug-tra cking. Section 24 of R.A. 9165
(Comprehensive Dangerous Drug Act of 2002) expressly (A) The period shall not be less than twice the total number of
shall not be extended to those sentenced to serve a maximum days of subsidiary imprisonment. Under Act No. 1732,
term of imprisonment of more than 6 years. provides, “Any person convicted for drug tra cking or
pushing under this Act, regardless of the penalty imposed by subsidiary imprisonment for violations of special laws shall
(B) Under Section 4 of PD 968, as amended by RA 10707, no the court, cannot avail of the privilege granted by the
not exceed 6 months at the rate of one day of imprisonment
application for probation shall be entertained or granted if the Probation Law or Presidential Decree No. 968, as amended.” for every F2.50. Hence, the proper period of probation should
defendant has perfected the appeal from the judgment of not be less than (6 months nor more than 12 months. Since
conviction. However, when a judgment of conviction P50,000.00 ne is more than the maximum subsidiary
(2005) IV.1. Maganda was charged with violation of the
imposing a non-probationable penalty is appealed or reviewed, imprisonment of 6 months at P2.50 a day.
Bouncing Checks Law (BP 22) punishable by imprisonment
and such judgment is modi ed through the imposition of a
of not less than 30 days but not more than 1 year or a ne of (B) Yes. The Court may revoke her probation. Probation is
probationable penalty, the defendant shall be allowed to apply
not less than but not more than double the amount of the not coterminous with its period. There must rst be issued by
for probation based on the modi ed decision before such the court an order of nal discharge based on the report and
check, which ne shall not exceed P200,000.00, or both. The
decision becomes nal.
court convicted her of the crime and sentenced her to pay a recommendation of the probation o cer. Only then can the
ne of P50,000.00 with subsidiary imprisonment in case of case of the probationer be terminated. (Bala v. Martinez, G.R.
(2010) XX. Matt was found guilty of drug tra cking while insolvency, and to pay the private complainant the amount of No. 67301, January 29, 1990, citing Sec. 16 of P.D. No. 968)
his younger brother Je was found guilty of possession of the check. Maganda was unable to pay the ne but led a
equipment, instrument, apparatus and other paraphernalia for
petition for probation. The court granted the petition subject (20).
dangerous drugs under Section 12 of Republic Act No. 9165.
to the condition, among others, that she should not change
Matt led a petition for probation. Je appealed his her residence without the court’s prior approval.
conviction during the pendency of which he also led a
It is submitted that Lito acted with discernment. Discernment A May the privilege mitigating circumstance of
is de ned as the mental capacity of a minor to fully appreciate minority be appreciated considering that the
(20). the consequences of his unlawful act. It may be shown by the penalty imposed by law is life imprisonment and
manner the crime was committed. In this case, Lito fine?
premeditated the killing of Brutus. He got the key to the safe, B Is the Indeterminate Sentence Law applicable
took the weapon and knowing the victim usually hung out a considering that life imprisonment has no fixed
nearby abandoned building, he went ahead and hid while duration and the Dangerous Drugs Law is
waiting for him. When Lito was convinced that victim was malum prohibitum?
alone, he shot him. C If the penalty imposed is more than six (6) years
Juvenile Justice and Welfare Act
and a notice of appeal was filed by A and given
The circumstances above show that the killing of Brutus was
attended with the qualifying circumstance of treachery. The due course by the court, may A still file an
(2015) XVIII. Lito, a minor, was bullied by Brutus, his application for probation?
classmate. Having had enough, Lito got the key to the safe following are present. 1) Brutus died without an opportunity
D If probation is not allowed by the court, how will
where his father kept his licensed pistol and took the weapon. to defend himself as the attack was sudden and unexpected; 2)
A serve his sentence?
The means adopted by Brutus (Lito not Brutus) was
Knowing that Brutus usually hung out at a nearby abandoned
building after class, Lito went ahead and hid while waiting for consciously and deliberately adopted to ensure its execution.
The mode of attack was thought of by him. (A) Yes. Minority as a privileged mitigating circumstance is
Brutus. When Lito was convinced that Brutus was alone, he always considered as a modifying circumstance in the
shot Brutus, who died on the spot. Lito then hid the gun in Therefore, Lito may be held liable for murder. imposition of penalty of a child in con ict with the law.
one of the empty containers. At the time of the shooting, Lito
was fteen years and one month old. (B) Yes. The Indeterminate Sentence Law is applicable even to
(2014) XXIV. A, a young boy aged sixteen (16) at the time of
special laws. Since life imprisonment was converted into
What is Lito's criminal liability? Explain. (4%) the commission of the crime, was convicted when he was
reclusion perpetua, which in turn was graduated to reclusion
already seventeen (17) years of age for violation of Section 11
temporal, the Indeterminate Sentence Law is applicable
Lito committed the crime of murder under Article 248 of the of R.A. 9165 or Illegal Possession of Dangerous Drugs for
(People v. Montalaba, G.R. No. 186227, July 20, 2011).
Revised Penal Code even if he is a minor. . Republic Act 9344 which the imposable penalty is life imprisonment and a ne.
provides that a child over fteen (15) and under eighteen (18) Section 98 of the same law provides that if the penalty (C) Yes, A may still le an application for probation even if he
years of age will be criminally liable if he acted with imposed is life imprisonment to death on minor o enders, the led a notice of appeal. Section 42 of R.A. No. 9344 provides
penalty shall be reclusion perpetua to death. Under R.A. that “The court may, after it shall have been convicted and
discernment at the time of the commission of the o ense. If he
acted without discernment, the minor will not be liable. 9344, a minor o ender is entitled to a privilege mitigating sentenced a child in con ict with the law, and upon
circumstance. (8%) application at any time, place the child on probation in lieu of
service of his/her sentence taking into account the best interest c. Suppose Joe was convicted of attempted murder
The bene ts of a suspended sentence can no longer apply to
of the child.” The said section also provides that the Probation Michael. Under Section 40, RA 9344 as amended, the with a special aggravating circumstance and was
Law is amended accordingly. The phrase “at any time” suspension of sentence lasts only until the o ender reaches the denied suspension of sentence, would he be
mentioned in Section 42 means the child in con ict with the maximum age of 21 years. Since Michael was already 21 years eligible for probation under Presidential Decree
law may le application for probation at any time, even old, he can no longer be given a suspended sentence. However, (PD) 968, considering that the death penalty is
beyond the period for perfecting an appeal and even if the in lieu of con nement in a regular penal institution, Michael imposable for the consummated felony? Explain.
child has perfected the appeal from the judgment of may serve his sentence in an agricultural camp and other (2%)
conviction. training facilities that may be established, maintained,
(D) If probation is not allowed by the court, the minor shall supervised and controlled by the BUCOR, in coordination (A) The two terms are di erent. “Intervention” refers to a
serve his sentence in an agricultural camp or other training with the DSWD. (Section 51, RA 9344 as amended; People vs. series of activities which are designed to address issues that
facility in accordance with Section 51 of No. 9344. Jacinto, GR 182239, March 16, 2011; People vs. Salcedo, GR caused the child to commit an o ense. It may take the form of
186523, June 22, 2011; Padua vs. People, GR 168546; July 23, an individualized treatment program which may include
2008; People vs. Sarcia, GR 169641, September 10, 2009) counseling, skills training, education, and other activities that
(2013) I.V. Michael was 17 years old when he was charged for will enhance his/her psychological, emotional and
violation of Sec. 5 of R.A. 9165 (illegal sale of prohibited psycho-social well-being. This is available to a child 15 years
(2009) XV. Joe was 17 years old when he committed
drug). By the time he was convicted and sentenced, he was old or less at the time of the commission or although over 15
homicide in 2005. The crime is punishable by reclusion
already 21 years old. The court sentenced him to su er an but below 18 years old at the time of commission of the crime,
temporal. After two years in hiding, he was arrested and
indeterminate penalty of imprisonment of six (6) years and the child acted without discernment.
appropriately charged in May 2007. Since Republic Act 9344
one (1) day of prision mayor, as minimum, to seventeen (17) “Diversion” refers to an alternative, child-appropriate process
(Juvenile Justice and Welfare Act of 2006) was already in
years and four(4) months of reclusion temporal, as maximum, of determining the responsibility and treatment of a child in
e ect, Joe moved to avail of the process of intervention or
and a ne of P500,000.Michael applied for probation but his con ict with the law on the basis of his/her social, cultural,
diversion.
application was denied because the probation law does not economic, psychological or educational background without
apply to drug o enders under R.A. 9165. Michael then a. What is intervention or diversion? Is Joe entitled
resorting to formal court proceedings. This process governs
sought the suspension of his sentence under R.A. 9344 or the to intervention or diversion? Explain. (3%)
when the child is over 15 years old but below 18 at the time of
Juvenile Justice and Youth Welfare Code. b. Suppose Joe’s motion for intervention or
the commission of the crime and has acted with discernment.
diversion was denied, and he was convicted two
Can Michael avail of the suspension of his sentence Yes, Joe is entitled to diversion. Being only 12 years old at the
(2) years later when Joe was already 21 years old,
provided under this law? (7%) time he committed the crime of homicide, he is treated as a
should the judge apply the suspension of sentence?
Explain. (2%) child in con ict with the law under RA 9344.
informing the court that Tiburcio died already, and claiming absolute pardon unto Adamos, who was convicted of plunder
(B) No, the judge should not suspend sentence anymore
because Joe was already 21 years old. Suspension of sentence is that his criminal liability had been extinguished by his demise. in Criminal Case No. XV32 and upon whom the penalty of
availing under RA 9344 only until a child reaches the reclusion perpetua was imposed." He now comes to you for
a) Should the RTC grant the Motion to Dismiss the
advice. He wants to know if he could run for senator in the
maximum age of twenty-one (21) years. case? Explain. (2.5%)
b) Assuming that Tiburcio' s death occurred before next election.
(C) Yes, he would be eligible for probation because the
penalty imposable on Joe will not exceed 6 years the Court of Appeals rendered its decision, will a) What advice will you give Adamos? Explain.
you give a different answer? Explain. (2.5%) (2.5%)
imprisonment.
b) Assuming that what Adamos committed was
Even if it would be considered that the crime committed was heading a rebellion for which he was imposed the
(A) Yes, the RTC should dismiss the case. Death of convict
punishable by death, the penalty as far as Joe I concerned can extinguishes criminal liability at any stage of the proceeding same penalty of reclusion perpetua, and what he
only be reclusion perpetua because RA 9344 forbids the but his civil liability shall be extinguished if the death occurs received was amnesty from the government, will
imposition of the capital punishment upon o enders your answer be the same? Explain. (2.5%)
before nal judgment. The reason is that the penalty requires
thereunder.
personal service of sentence. If death occurs, there will be
nobody to serve the penalty for the crime (People vs. Bayotas, (A) I will advice Adamos that he cannot run for Senate.
Extinction of Criminal Liability September 1994) Pardon looks forward and relieves the o ender from
consequences of an o ense of which he has been convicted,
(B) No. Paragraph 1 of Art. 89 does not qualify the stage for
(2015) III. The Regional Trial Court {RTC) found Tiburcio that is, it abolishes or forgives the punishment, and for that,
the extinguishment of criminal liability in case of death of the
guilty of frustrated homicide and sentenced him to an reason it does not work the restoration of the rights to hold
accused unlike that of civil liability. Likewise, in the case of
indeterminate penalty of four years and one day of prision People vs Alison, (44 SCRA 523, 525) the Court ruled that public o ce or the rights to hold public o ce or the right of
correccional as minimum, to eight years of prision mayor as su rage, unless such rights to hold public o ce or the rights
when the accused died while the judgment of conviction
maximum, and ordered him to pay actual damages in the be expressly restored by the terms of the pardon.
against him was pending appeal, his civil and criminal liability
amount of P125,000.00. Tiburcio appealed to the Court of was extinguished by his death. (Barrioquinto, et al. vs. Fernandez, 82 Phil. 642, 646-647)
Appeals which sustained his conviction as well as the penalty Considering that there was no express mention of restoring his
imposed by the court a quo. After sixty days, the Court of right to hold public o ce, Adamos cannot run for Senate.
(2015) VI. Senator Adamos was convicted of plunder. About
Appeals issued an Entry of Judgment and remanded the one year after beginning to serve his sentence, the President of (B) No, my answer will not be the same. Amnesty looks
records of the case to the RTC. Three days thereafter, the Philippines granted him absolute pardon. The signed backward and abolishes and puts into oblivion the o ense
Tiburcio died of heart attack. Atty. Abdul, Tiburcio's counsel, pardon states: "In view hereof, and in pursuance of the itself; it so overlooks and obliterates the o ense with which he
led before the RTC a Manifestation with Motion to Dismiss, authority vested upon me by the Constitution, I hereby grant is charged that the person released by amnesty stands before
the law precisely as though he had committed no o ense. amnesty extends to the o ense of Evasion of Service of
(B) The running of the prescriptive period of the crime is
(Barrioquinto, et al. vs. Fernandez, supra) Applying in this interrupted when “any kind of investigative proceeding is Sentence.
case, Adamos may now run for Senate for the amnesty totally instituted against the guilty person which may ultimately lead As judge, will you grant the petition? Discuss fully. (4%)
obliterates the last vestige of the crime. to his prosecution” (Panaguiton, Jr. v. Dept. of Justice, G.R.
No. 167571, Nov. 25, 2008). Yes, I will grant the petition because the sentence evaded
(2010) XVII. A killed his wife and buried her in their proceeded from the o ender as a crime of Rebellion which has
(C) No, the defense of prescription of the crime is not tenable.
backyard. He immediately went into hiding in the mountains. been obliterated by the grant of amnesty to the o ender (Art.
The crime committed is parricide which prescribes in twenty
Three years later, the bones of A’s wife were discovered by X, (20) years (Art. 90, RPC). It was only when the care-taker, Z 89[3], RPC).
the gardener. Since X had a standing warrant of arrest, he hid found the victim‟s bones and reported the matter to the Since the amnesty erased the criminal complexion of the act
the bones in an old clay jar and kept quiet about it. After two police that the crime is deemed legally discovered by the committed by the o ender as a crime of rebellion and
years, Z, the caretaker, found the bones and reported the authorities or their agents and thus the prescriptive period of rendered such act a though innocent, the sentence lost its legal
matter to the police. the crime commenced to run. basis. The purported evasion thereof therefore cannot subsist
After 15 years of hiding, A left the country but returned three When A left the country and returned only after three (3) (People v. Patriarca, 341 SCRA 464[200]).
years later to take care of his ailing sibling. Six years thereafter, year, the running of the prescriptive period of the crime is Amnesty obliterates, not only the basis of conviction, bur also
he< was charged with parricide but raised the defense of interrupted and suspended because prescription shall not run all the legal e ect thereof.
prescription. when the o ender is absent from the Philippine Archipelago
a. Under the Revised Penal Code, when does the (Art. 91, RPC). (2009) VI. Baldo killed Conrad in a dark corner, at midnight,
period of prescription of a crime commence to on January 2, 1960. Dominador witnessed the entire incident,
run? (1%) (2009) II. Antero Makabayan was convicted of the crime of but he was so scared to tell the authorities about it.
b. When is it interrupted? (1%) Rebellion. While serving sentence, he escaped from jail.
On January 2, 1970, Dominador, bothered by his conscience,
c. Is A’s defense tenable? Explain. (3%) Captured, he was charged with, and convicted of, Evasion of
reported the matter to the police. After investigation, the
Service of Sentence. Thereafter, the President of the
police nally arrested Baldo on January 6, 1980. Charged in
(A) Generally, the period of prescription of a crime Philippines issued an amnesty proclamation for the o ense of
court, Baldo claims that the crime he committed had already
commences to run from the date it was committed; but if the Rebellion. Antero applied for and was granted the bene t of
prescribed.
crime was committed clandestinely, the period of prescription the amnesty proclamation.
of the crimes under the Revised Penal Code commence to run Is Baldo’s contention correct? Explain. (3%)
Antero then led a petition for habeas corpus, praying for his
from the day on which the crime was discovered by the immediate release from con nement. He claims that the
o ended party, the authorities or their agents (Art. 91, RPC). No, Baldo's contention is not correct because the crime
committed has not yet prescribed. The prescriptive period of (2005) III.3. The accused was found guilty of 10 counts of
(A) Yes, Eva Marie incurred criminal liability for the crime of
the crime committed commenced to run only after it was simple theft. The puppy is personal property which is rape for having carnal knowledge with the same woman. In
report to the police on January 2, 1970, not on the date it was susceptible of taking and has pecuniary value. Obviously, she addition to the penalty of imprisonment, he was ordered to
clandestinely committed on January 2, 1960. Under the pay indemnity in the amount of P50,000.00 for each count.
took it with intent to own it; hence, with intent to gain.
discovery rule, which govern when the crime is not publicly
(B) Eva Marie may incur civil liability if the owner of the On appeal, the accused questions the award of civil indemnity
committed, the prescriptive period of a crime commences to
puppy would incur a loss due to non-restitution or return for each count, considering that the victim is the same woman.
run only from the day on which the crime is discovered by the
o ended party, the authorities or their agents: in this case, thereof to the owner. Finding any property of value, legally How would you rule on the contention of the accused?
from January 2, 1970 when it made known to the police regarded as lost property, would constitute theft if the nder Explain. (3%)
authorities until January 2, 1980, when Balo was arrested and failed to deliver the same to the local authorities or to its owner
charged. The killing committed, whether homicide or murder, (Art. 308 par. 1). Once Eva Marie is found guilty of theft, she The contention is unmeritorious. Under the law, every person
is punishable by an a ictive penalty which prescribes within will incur civil liability, which consists of restitution or criminally liable is civilly liable. (Art. 100, Revised Penal Code)
twenty (20) year, whereas only around ten (10) years ha lapsed reparation for damage caused and indemni cation for Since each count charges di erent felonious acts and ought to
from January 2, 1970 (when the authorities discovered the consequential damages (Art. 100 RPC). The general rule is: a be punished di erently, the concomitant civil indemnity ex
commission of the crime) to January 2, 1980 (when the person who is criminally liable is also civilly liable. delicto for every criminal act should be adjudged. Said civil
accused was charged in court). indemnity is mandatory upon a nding of the fact of rape; it is
(2006) XIV. In a crime of homicide, the prosecution failed to distinct from and should not be denominated as moral
present any receipt to substantiate the heirs' claim for an award damages which are based on di erent jural foundations.
Civil Liabilities in Criminal Cases
of actual damages, such as expenses for the wake and burial. (People v. Jalosjos, G.R. Nos. 132875-76, November 16, 2001)
(2010) XVIII. On her way home, Eva Marie saw an injured What kind of damages may the trial court award to
them and how much? 5% (2005) IX. Allan, the Municipal Treasurer of the
chow chow puppy behind a bush. Since the puppy did not
Municipality of Gerona, was in a hurry to return to his o ce
have a collar, she brought it home so she could have it as a pet.
after a day-long o cial conference. He alighted from the
Her son in fact begged Eva Marie to keep the puppy. The The court may award temperate damages in the amount of
twenty- ve (P25,000.00) thousand pesos. Under government car which was o cially assigned to him, leaving
following day, Eva Marie bought a collar for the puppy and
jurisprudence, temperate damages is awarded in homicide the ignition key and the car unlocked, and rushed to his o ce.
brought it to a veterinarian for treatment.
Jules, a bystander, drove o with the car and later sold the
when no su cient proof of actual damages is o ered or if the
a. Did Eva Marie incur criminal liability in same to his brother, Danny for P20,000.00, although the car
actual damages proven is less than twenty- ve thousand
bringing the puppy home as a pet? Explain. (2%) was worth P800,000.00.
(P25,000) (People v. Salona, G.R. No. 151251, May 19, 2004).
b. Did she incur civil liability? Explain. (2%)
a) What are the respective crimes, if any,
committed by Allan, Danny and Jules? Explain. Book II of the Revised Penal Code and Crimes Against Persons
b) What, if any, are their respective civil liabilities? Related Special Penal Laws Anti-Violence Against Women and Their Children
Explain. (5%)
Act of 2004
Crimes Against National Security and Laws of
(A) Allan, the municipal treasurer is liable for malversation Special Protection of Children Against Child Abuse,
Nations
committed through negligence or culpa. The government car
Exploitation, and Discrimination Act
which was assigned to him is public property under his Anti-Piracy and Anti-Highway Robbery
accountability by reason of his duties. By his act of negligence, RA 11648
he permitted the taking of the car by another person, resulting Anti-Terrorism Act of 2020
Amendment on Rape
in malversation, consistent with the language of Art. 217 of Crimes Against the Fundamental Laws of the State
the Revised Penal Code. Crimes Against Personal Liberty and Security
Crimes Against Public Order
Danny violated the Anti-Fencing Law. He is in possession of Cybercrime Prevention Act of 2012
an item which is the subject of thievery. Comprehensive Firearms and Ammunition
Crimes Against Property
P.D. No. 1612 (Anti-Fencing Law) under Section 5 provides Regulation Act
that mere possession of any good, article, item, object or any Anti-Fencing Law
Crimes Against Public Interest
thing of value which has been the subject of robbery or
Crimes Against Chastity
thievery shall be prima facie, evidence of fencing. Crimes Relative to Opium and Other Prohibited
Jules is guilty of carnapping. He took the motor vehicle Drugs Special Protection of Children Against Child Abuse,
belonging to another without the latter's consent. (R.A. No. Exploitation, and Discrimination Act
Crimes Against Public Morals
6539)
Crimes Against the Civil Status of Persons
Anti-Gambling Act
(B) Allan is under obligation to restitute the vehicle or make
reparation if not possible. Crimes Against Honor
Crimes Committed by Public O cers
Jules must pay the amount he gained from the sale of the car Criminal Negligence
Anti-Graft and Corrupt Practices Act
which is P20,000.00.
De nition of Terms Crimes Against National Security and Laws
Danny must make reparation corresponding to the value of
the car which is P800,000.00. Corrupt Practices of Public O cers of Nations
(2018) XIII. The brothers Roberto and Ricardo Ratute, assuming he can testify on acts within his injured fteen (15) others.
both Filipino citizens, led a group of armed men in seizing a personal knowledge, be sufficient to convict the
What crime or crimes, if any, were committed? Explain.
southern island in the Philippines, and declaring war against Ratute brothers, Ricalde, and Riboli? (2.5%) (5%)
the duly constituted government of the country. The Armed
Forces of the Philippines (AFP), led by its Chief of Sta , (A) Ricalde and Riboli cannot be convicted of the crime of The crime of Quali ed Piracy under Article 123 of the
General Riturban, responded and a full scale war ensued conspiracy to commit treason, because there was no war Revised Penal Code has been committed, the elements of
between the AFP and the armed men led by the brothers. The existing when they committed the acts. Jurisprudence piracy being present, namely, (1) that the vessel is on the high
armed con ict raged for months. considers treason as a crime committed in times only of an seas; (2) that the o enders are not members of its complement
When the brothers-led armed men were running out of international armed con ict. The same is true with the felony or passenger of the vessel; and (3) that the o enders (a) attack
supplies, Ricalde, also a Filipino, and a good friend and of conspiracy to commit treason.
or seize that vessel or (b) seize the whole or part of the cargo of
supporter of the Ratute brothers, was tasked to leave for Moreover, the crimes were committed outside the jurisdiction said vessel, its equipment or personal belongings of its
abroad in order to solicit arms and funding for the of Philippine Court. complement or passengers. The latter act is committed when
cash-strapped brothers. He was able to travel to Rwanda, and the o enders took away several crates containing valuable
(B) Yes, assuming Gen. Riturban can testify on acts within his
there he met with Riboli, a citizen and resident of Rwanda, items and loaded them in their own motorboat.
personal knowledge, as to the o ense of seizing a Southern
who agreed to help the brothers by raising funds
Island in the Philippines which raged for months in the The crime of piracy is quali ed because: (1) the o enders have
internationally, and to send them to the Ratute brothers in
country. This is su cient to convict the Ratute brothers and seized the vessel by boarding; and (2) the crime of piracy was
order to aid them in their armed struggle against the
Riboli but the crime could be Rebellion, and the two-witness accompanied by murder and physical injuries. The facts show
Philippine government. Before Ricalde and Riboli could
rule is not required in the case of Rebellion. that the o enders planted an explosive in the vessel which they
complete their fund-raising activities for the brothers, the AFP
detonated from a safe distance and the explosion killed ten
was able to reclaim- the island and defeat the Ratute-led
(2016) X. The Royal S.S. Maru, a vessel registered in Panama, (10) crewmen and injured fteen (15) others. The number of
uprising.
was 300 nautical miles from Aparri, Cagayan when its engines persons killed on the occasion of piracy is not material. The
Ricalde and Riboli were charged with conspiracy to commit malfunctioned. The Captain ordered his men to drop anchor law considers quali ed piracy as a special complex crime
treason. During the hearing of the two cases, the government and repair the ship. While the o cers and crew were asleep, regardless of the number of victims (People v. Siyoh, G.R. No.
only presented as witness, General Riturban, who testi ed on armed men boarded the vessel and took away several crates L-57292, February 18, 1986).
the activities of the Ratute brothers, Ricalde, and Riboli. containing valuable items and loaded them in their own
(a) Can Ricalde and Riboli be convicted of the crime motorboat. Before the band left, they planted an explosive Anti-Piracy and Anti-Highway Robbery
of conspiracy to commit treason? (2.5%) which they detonated from a safe distance. The explosion PD 532
(b) Will the testimony of General Riturban, damaged the hull of the ship, killed ten (10) crewmen, and
(2012) IV. A postal van containing mail matters, including the purpose of committing robbery indiscriminately. What of the Philippines to the Chinese government in exchange for
checks and treasury warrants, was hijacked along a national was shown is one isolated hijacking of a postal van, hence, P1 million and his safe return to Italy. Two weeks later, Myra
highway by ten (10) men, two (2) of whom were armed. They carnapping. decided to report the matter to the proper authorities.
used force, violence and intimidation against three (3) postal
(B) The elements of highway robbery under PD 532 are: Did Myra commit a crime? Explain. (3%)
employees who were occupants of the van, resulting in the
unlawful taking and asportation of the entire van and its 1. That there is unlawful taking of property of another;
Yes, Myra committed the crime of Misprision of Treason
contents. 2. That said taking is with intent to gain; under Art. 116 of the Revised Penal Code, for failing to report
a. If you were the public prosecutor, would you 3. That said taking is done with violence against or or make known “as soon as possible” to the governor or
charge the ten (10) men who hijacked the postal intimidation of persons or force upon things or other provincial scal or to the mayor or scal of the City where she
van with violation of Presidential Decree No. unlawful means; and resides, the conspiracy between her Italian boyfriend and the
532, otherwise known as the Anti-Piracy and Chinese General to commit treason against the Philippine
4. That it was committed on any Philippine highway.
Anti-Highway Robbery Law of 1974? Explain Government in time of war. She decided to report the matter
your answer. (5%) To sustain a conviction for highway robbery, the prosecution to the proper authorities only after two (2) weeks.
b. If you were the defense counsel, what are the must prove that the accused were organized for the purpose of
elements of the crime of highway robbery that the committing robbery indiscriminately. If the purpose is only a
(2008) VII. The inter-island vessel M/V Viva Lines I, while
prosecution should prove to sustain a conviction? particular robbery, the crime is only robbery, or robbery in
cruising o Batanes, was forced to seek shelter at the harbor of
(5%) band if there are at least four armed men. (People vs. Mendoza,
Kaoshiung, Taiwan because of a strong typhoon. While
GR 104461, February 23, 1996; Filoteo, Jr. vs. Sandiganbayan,
anchored in said harbor, Max, Baldo and Bogart arrived in a
(A) No. If I were the public prosecutor, I would charge the GR 79543, October 16, 1996)
speedboat, red a bazooka at the bow of the vessel, boarded it
ten men of violation of RA 6539, The Anti-Carnapping Act. and divested the passengers of their money and jewelry. A
All the elements of carnapping are present. (1) there was actual (2010) XXI. Because peace negotiations on the Spratlys passenger of M/V Viva Lines I, Dodong advantage of the
taking of a motor vehicle, the postal van; (2) the postal van situation had failed, the People’s Republic of China declared confusion to settle an old grudge with another passenger, and
belonged to another; (3) the taking was done with intent to war against the Philippines. Myra, a Filipina who lives with her killed him. After their apprehension, all four were charged
gain; and (4) the taking was done without the consent of the Italian expatriate boyfriend, discovered e-mail correspondence with quali ed piracy before a Philippine court.
owner and with force, violence and intimidation against the 3 between him and a certain General Tung Kat Su of China.
a. Was the charge of qualified piracy against the
van employees who were occupants thereof. On March 12, 2010, Myra discovered that on even date her three person (Max, Badong and Bogart) who
It is not highway robbery under PD 532 because there was no boyfriend had sent an email to General Tung Kat Su, in which boarded the inter-island vessel correct? Explain.
showing that the 10 men were a band of robbers organized for he agreed to provide vital information on the military defense (3%)
b. Was Dodong correctly charged before the Explain. 2.5% Executive or Congress, wholly or partially, of any of their
Philippine court for qualified piracy? Explain. powers and prerogatives. Under RA 9372, or the Human
(3%) (A) Piracy in the high seas was committed by the renegade Security Act of 2007, rebellion may be subsumed in the crime
Ybanags. The culprits, who are neither members of the of terrorism; it is one of the means by which terrorism can be
(A) Yes, they (Max, Baldo and Bogart) boarded and red complement nor passengers of the ship, seized part of the committed. Sec. 3 states that a person who commits an act
upon the ship, and divested the passengers of their money and equipment of the vessel while it was three hundred miles away punishable as rebellion, thereby sowing and creating a
jewelry (Art. 122, 123, RPC, as amended by R.A. 7659 and from Aparri, Cagayan (Art. 122, Revised Penal Code). condition of widespread and extraordinary fear and panic
P.D. 532). As long as murder or homicide is committed as a among the populace, in order to coerce the government to give
(B) The crime committed is quali ed piracy, because it was
result of or on occasion of piracy, the special complex crime of in to an unlawful demand shall be guilty of the crime of
accompanied by physical injuries/homicide. The culprits
quali ed piracy is committed. terrorism.
stabbed a member of the crew while sleeping (Art. 123,
Revised Penal Code).
(2006) VII. While the 5.5. Nagoya Maru was negotiating the Crimes Against the Fundamental Laws of
sea route from Hongkong towards Manila, and while still 300 Anti-Terrorism Act of 2020 the State
miles from Aparri, Cagayan, its engines malfunctioned. The
RA 11479
Captain ordered the ship to stop for emergency repairs lasting (2017) XI. In his homily, Fr. Chris loudly denounced the
for almost 15 hours. Due to exhaustion, the o cers and crew many extrajudicial killings committed by the men in uniform.
(2019) A.10. Distinguish Rebellion under the Revised Penal
fell asleep. While the ship was anchored, a motorboat manned Policeman Stone, then attending the mass, was peeved by the
Code and Terrorism under the Human Security Act of 2007.
by renegade Ybanags from Claveria, Cagayan, passed by and denunciations of Fr. Chris. He immediately approached the
(2.5%)
took advantage of the situation. They cut the ship's engines priest during the homily, openly displayed his rearm tucked
and took away several heavy crates of electrical equipment and in his waist, and menacingly uttered at the priest: Father, may
Under Art. 134 of the RPC, rebellion is, by nature, a crime of
loaded them in their motorboat. Then they left hurriedly kalalagyan kayo kung hindi kayo tumigil. His brazenness
the masses or of a multitude; it is a vast movement of men and
towards Aparri. At daybreak, the crew found that a robbery terri ed the priest, who cut short his homily then and there.
a complex net of intrigues and plots (People v. Almazan, CA,
took place. They radioed the Aparri Port Authorities resulting The celebration of the mass was disrupted, and the
37 O.G. 1932). Its elements are: 1) that there be a public
in the apprehension of the culprits. congregation left the church in disgust over the actuations of
uprising and taking arms against the government; and 2) that
a. What crime was committed? Explain. 2.5% Policeman Stone, a co-parishioner.
the purpose of the uprising or movement is either to: a)
b. Supposing that while the robbery was taking remove from the allegiance to said government or its laws the Policeman Stone was subsequently charged.
place, the culprits stabbed a member of the crew territory of the Philippines or any part thereof, or any body of The O ce of the Provincial Prosecutor is now about to
while sleeping. What crime was committed? land, naval, or other armed forces, or b) deprive the Chief resolve the case, and is mulling on what to charge Policeman
Stone with. against religious practice or dogma or ritual for the purpose of Constitution). Also, the acts may constitute elements of
ridicule, as mocking or sco ng at or attempting to damage an o enses penalized under Philippine laws, like
May Policeman Stone be properly charged with either or both
object of religious. veneration (People v. Baes, G.R. NO. kidnapping/illegal detention – serious or slight violation of
of the following crimes, or, if not, with what proper crime?
46000, May 25, 1939). R.A. 7610, or R.A. 7877 – the Anti-sexual Harassment Act.
(a) Interruption of religious worship as defined and
punished under Art. 132 of the Revised Penal Policeman Stone threatened the priest because of the priest’s
statements during his homily and not to mock or ridicule the (2006) III.
Code; and/or
ceremony consequently, Policeman Stone may not be charged 1. What are the 3 ways of committing arbitrary
(b) Offending the religious feelings as defined and
with the crime of o ending religious feelings. detention? Explain each. 2.5%
punished under Art. 133 of the Revised Penal
Code. 2. What are the legal grounds for detention? 2.5%
(2008) I. After due hearing on a petition for a writ of amparo 3. When is an arrest by a peace officer or by a private
Explain fully your answers. (8%)
founded on the acts of enforced disappearance and extralegal person considered lawful? Explain. 5%
killing of the son of the complainant allegedly done by the
(A) Policeman Stone may be charged with Interruption of
respondent military o cers, the court granted the petition. The 3 ways of arbitrary detention are:
religious worship.
a. May the military officers be criminally charged a) Arbitrary detention by detaining a person without legal
Under the Revised Penal Code, a public o cer or employee
in court with enforced disappearance and ground committed by any public o cer or employee who,
who shall prevent or disturb the ceremonies or manifestations
extralegal killing? Explain fully. (3%) without legal grounds, detains a person (Art. 124, Revised
of any religion :shall be liable for interruption of religious
b. Are human rights violations considered as crimes Penal Code).
worship.
in the Philippines? Explain. (3%)
b) Delay in the delivery of detained persons to the proper
Hence, Policeman Stone, a public o cer, approached the
judicial authorities which is committed by a public o cer or
priest, displayed his rearm, and threatened the priest, which (A) Yes, the respondent military o cers may be criminally employee who shall detain any person for some legal ground
caused the disruption of the mass and the leaving of the charged in court since “enforced disappearance” constitutes and shall fail to deliver such person to the proper judicial
congregation. arbitrary detention under Art. 124 or Unlawful Arrest under
authorities within the period of: twelve (12) hours, for crimes
Policeman Stone, therefore, may be charged of interruption of Art. 269 of the RPC. Extralegal killing can also be considered or o ense punishable by light penalties, or their equivalent;
religious worship. murder and/or homicide under Art. 248/249, RPC.
eighteen hours (18), for crimes or o enses punishable by
(B) Policeman Stone may not be charged with the crime of (B) Yes, strictly speaking human rights violations cannot be correctional facilities, or their equivalent; and thirty-six (36)
o ending religious feelings. considered crimes in the Philippines. However, if the acts hours for crimes or o enses punishable by a ictive or capital
constitute international violation law, of customary they may penalties, or their equivalent (Art. 125, Revised Penal Code).
The Supreme Court has ruled that the acts must be directed
be considered violations of Philippine law (See Sec. 8, Art. II,
is assaulted by reason of the past performance of o cial duties; valuables. They ordered the passengers to leave thereafter.
c) Delaying release is committed by any public o cer or
employee who delays the release for the period of time 4) that the o ender knows that the one he is assaulting is a Then, they burned the bus. When a tanod of the barangay of
speci ed therein the performance of any judicial or executive person in authority or his agent in the exercise of his duties; the area came around to Intervene, Pater red at him, instantly
order for the release of the prisoner, or unduly delays the and 5) that there is no public uprising. Art. 152 further killing him.
service of the notice of such order to said prisoner or the provides that teachers, professors, and persons charged with
After Percy, Pablo, Pater and Sencio were arrested, the police
proceedings upon any petition for the liberation of such the supervision of public or duly recognized private schools, authorities recommended them to be charged with the
colleges, and universities in the actual performance of their
person (Art. 126, Revised Penal Code). following crimes, to wit: (1) carnapping; (2) robbery, (3) direct
professional duties or on the occasion of such performance assault with homicide; (4) kidnapping; and (5) arson.
shall be deemed persons in authority. Here, all the elements of
Crimes Against Public Order direct assault are present, where K repeatedly punched Ms. L, State your legal opinion on the recommendation of the
a person in authority engaged in the performance of her police authorities on the criminal liabilities incurred by
(2019) B.19. Ms. L, dean of a duly recognized private school, o cial duties. K also committed Direct Assault against J. Art. Percy, Pablo, Pater and Sencio. (10%)
caught K, one of her students, vandalizing one of the school's 152 states that any person who comes to the aid of persons in
properties. Ms. L called K's attention and proceeded to scold authority shall be deemed an agent of a person in authority. Because Percy, Pablo, Pater and Sencio commandeered the bus
him, causing a crowd to gather around them. Embarrassed Here, while K was attacking Ms. L, K also hit J, an agent of a for purpose of robbing the passengers, the crime committed is
with the situation, K attacked Ms. L by repeatedly punching person in authority who came to the aid of a person in robbery (People v. Moreno, GR No. 94755, April 10, 1992).
her on the face. Just as K was about to strike Ms. L again, J, authority [Gelig v. People, G.R. No. 173150, July 28, 2010]. Since the taking of the victims was merely to commit robbery
another student, intervened. K then turned his anger on J and and not to transport them to another place for purpose of
also hit him repeatedly, causing him physical injuries. detention, the crime committed is not kid napping but
(2017) IX. During the nationwide transport strike to protest
robbery (People v. Puno, G.R. No. 97471, February 17, 1993;
What crime/s did K commit under the Revised Penal the phase out of old public utility vehicles, striking jeepney
Code for his acts against Ms. L and J? Explain. (3%) Criminal Law Conspectus by Florenz Regalado). Intent to
drivers Percy, Pablo, Pater and Sencio, each armed with guns,
deprive liberty is not present since the deprivation of liberty is
hailed several MMDA buses then providing free transport to
just incidental to the commission of robbery.
K committed two counts of Direct Assault. The elements of the stranded public to stop them from plying their routes.
direct assault under Art. 148 of the RPC are: 1) that the They later on commandeered one of the buses without Since death results by reason or on occasion of robbery, the
o ender makes an attack, employs force, makes a serious allowing any of the passengers to alight, and told the driver to crime committed is a special complex crime of robbery with
intimidation or makes a serious resistance; 2) that the person bring the bus to Tanay, Rizal. homicide. This composite crime is committed even though
assaulted is a person in authority or his agent; 3) that at the the victim of homicide is a responding Barangay Tanod
Upon reaching a remote area in Tanay, Percy, Pablo, Pater and
time of the assault, the person in authority or his agent is (People v. Pelagio, G.R. No. L-16177, May 24, 1967). Even
Sencio forcibly divested the passengers of their cash and
engaged in the actual performance of o cial duties, or that he though only Pater killed the Tanod, Percy, Pablo, and Sencio
are also liable for robbery with homicide: since they failed to People v Napalli, G.R. Nos. 142919/143876, February 4, practicing lawyer. Lawyers are considered persons in authority
attempt to prevent the same (People v. Dela Cruz G.R. No. 2003; People v. Asamuddin; G.R. No. 213913, September 2, by virtue of Batas Pambansa Blg. 873, which states that lawyers
168173, December 24, 2008; People v. Castro; G.R. No. 2015, People v. Mult, GR No. 181043, October 8, 2008; in the actual performance of their professional duties or on the
187073, March 14, 2012). Since the crime committed is People v: Roxas, G.R. No. 172604, August 17, 2010). occasion of such performance shall be deemed persons in
robbery with homicide; all other felonies: such as arson and authority. But the crime having been committed 10 years ago,
direct assault committed by reason or on occasion of robbery (2009) III. Rigoberto gate-crashed the 71st birthday party of may have already prescribed because it is punishable by a
shall be integrated into the special complex crime of robbery Judge Lorenzo. Armed with a piece of wood commonly correctional penalty.
with homicide (People v. Jugueta, G.R. No.202124, April 5, known as dos por dos, Rigoberto hit Judge Lorenzo on the
2016, en banc, People v. Eber, G.R. No 181635, November back, causing the latter’s hospitalization for 30 days. Upon (2007). IX During a concert of Gary V. and in order to
15, 2010, People v De Leon, GIR. NO. 179943, June 26, investigation, it appeared that Rigoberto had a grudge against prevent the crowd from rushing to the stage, Rafael Padilla (a
2009; People v Diu, G.R: No. 201449, April 03, 2013). Arson Judge Lorenzo who, two years earlier, had cited Rigoberto in security guard) pointed his gun at the onrush of people. When
shall not be considered as a separate crime but as a mere contempt and ordered his imprisonment for three (3) days. the crowd still pushed forward, Rafael red his gun into air to
aggravating circumstance of commission of the felony by scare them o . However, the bullet hit one of the metal roof
a. Is Rigoberto guilty of Direct Assault? Why or
means of re. (U.S. y. Bulfa, GR No. 8468, August 20, 1913). supports, ricocheted and then hit one of the stage crew
why not? (3%)
The elements of carnapping are: (a) the taking of the motor b. Would your answer be the same if the reason for members, causing injuries which resulted in the latter’s
vehicle which belongs to another; (b) the taking is without con nement in a hospital for twelve days.
the attack was that when Judge Lorenzo was still
consent of the owner on by means of violence against or a practicing lawyer ten years ago, he prosecuted What crime/s did Rafael commit? Explain your answer.
intimidation of persons or by using force upon things, and (c) Rigoberto and succeeded in sending him to jail
the taking is done with intend to gain (People v. Bustinera; GR for one year? Explain your answer. (3%) Rafael Padilla committed the complex crime of Illegal
No. 148233, June 8, 2004). Discharge of Firearm with Less Serious Physical Injuries.
In this case, the accused unlawfully took an MMDA bus (A) No, Rigoberto is not guilty of Direct Assault because
without the consent of its owner, which gives rise to the Judge Lorenzo has ceased to be a judge when he was attacked.
He has retired (71 years old) from his position as a person in Before he red his gun, it was pointed at the on rushing
presumption of their intent to gain.”
authority when he was attacked. Hence, the attack on him people. When the crowd pushed forward, he red his gun
Considering that all elements of carnapping are present the upward to scare them o . At this point, the crime is illegal
cannot be regarded as against a person in authority anymore.
accused shall be liable therefor. discharge of rearm, even if the gun was not pointed at the
(B) Yes, Rigoberto is guilty of Direct Assault because the o ended party, as long as it was initially aimed at or against the
Since carnapping is punishable under a special law, it shall be
employment of violence was by reason of an actual
considered as a crime separate from robbery with homicide o ended party. (Reyes, Revised Penal Code, Book II, 2006 ed.,
performance of a duty by the o ended party acting as a p. 490.)
(People v. Dela Cruz, GR No. 174658, February 24, 2009;
However, Rafael Padilla is also liable for the injury of the crew No, the charges brought about by the prosecutor are incorrect The indictment for Robbery with homicide is correct.
member since it is the natural and logical consequence of since the illegal possession of rearms already quali es the Robbery with homicide, a special complex crime, is primarily
ring the gun. (Article 4, par. 1, RPC) Since a single act murder charge. a crime against property and not against persons, homicide
resulted in two crimes, one illegal discharge of rearm and the being a mere incident of the robbery with the latter being the
Under Sec 29 of RA 10591, if the crime is committed by the
other, less serious physical injuries, he is liable for the complex person with the use of the loose rearm, the illegal use of the main purpose of the criminal. The elements of robbery with
crime of illegal discharge of rearm with less serious physical loose rearm shall not be considered as a distinct and separate homicide are:
injuries. (Article 48, Revised Penal Code; People v. Arquiza, o ense. People v. Gaborne, G.R. No. 210710, 27 July 2016 (a) the taking of personal property with the use of violence
G.R.Nos. 42128-29, December 19, 1935)
has ruled that separate prosecutions of homicide and illegal or intimidation against a person;
possession are no longer in order. (b) the property thus taken belongs to another;
Comprehensive Firearms and Ammunition
Here, Jhudas and Pontio used the unregistered rearm to gun
Regulation Act (c) the taking is characterized by intent to gain or animus
down Jesusa. Having used a loose rearm to commit the lucrandi; and
RA 10591
murder, the charge should only be murder, with the use of the
loose rearm merely as a special aggravating circumstance. (d) on the occasion, the crime of homicide, which is
(2022) 7. Jesusa, a mayoralty candidate of the Municipality of therein used in a generic sense, was committed.
Jaen, Nueva Ecija during the 2019 local elections, was The indictment for illegal possession of rearm is wrong. In
(2018) XI. Wielding loose rearms, Rene and Roan held up a
ambushed and gunned down by Jhudas, a gun for hire. Jhudas the case of People v. Gaborne, G.R. No. 210710, July 27,
bank. After taking the bank's money, the robbers ran towards
was arrested at a COMELEC checkpoint just after the 2016, the Supreme Court clari ed the issue, to wit:
their getaway car, pursued by the bank security guards. As the
incident. The rearm he used, a baby Armalite, was veri ed to
security guards were closing in on the robbers, the two red In view of the amendments introduced by R.A. No. 8294 and
be without any license. During the interrogation, Jhudas
their rearms at the pursuing security guards. As a result, one R.A. No. 10591, to Presidential Decree No. 1866, separate
admitted that Pontio, the rival mayoralty candidate of Jesusa,
of the security guards was hit on the head causing his prosecutions for homicide and illegal possession are no longer
paid him Php 1,000,000.00 to assassinate Jesusa. Due to
immediate death. in order. Instead, illegal possession of rearm is merely to be
Jhudas’ admission, coupled with the sworn statement of an
For the taking of the bank's money and killing of the security taken as an aggravating circumstance in the crime of murder.
eyewitness, the prosecutor led two Informations, one for
Murder and one for Illegal Possession of Firearm, against both guard with the use of loose rearms, the robbers were charged It is clear from the foregoing that where murder results from
Jhudas and Pontio. in court in two separate informations, one for robbery with the use of an unlicensed rearm, the crime is not quali ed
homicide attended by the aggravating circumstance of use of illegal possession but, murder. In such a case, the use of the
Do you agree with the prosecutor’s charges against unlicensed rearm is not considered as a separate crime but
loose rearms, and the other for illegal possession of rearms.
Jhudas and Pontio? Explain briefly. shall be appreciated as a mere aggravating circumstance. Thus,
Are the indictments correct? (5%)
where murder was committed, the penalty for illegal of the Philippine Government or of a foreign government or and having already bought all the equipment, she led a
possession of rearms is no longer imposable since it becomes any agency thereof, under the pretense of o cial position, and Miscellaneous Lease Application (MLA) with the Department
merely a special aggravating circumstance. The intent of without being lawfully entitled to do so. Here, despite his lack of Environment and Natural Resources (DENR) at the
Congress is to treat the o ense of illegal possession of rearm of authority, Mr. U knowingly solemnized a marriage Community Environment and Natural Resources O ce in
and the commission of homicide or murder with the use of pertaining to Mayor Z. Romblon. In her application, she stated that she was a Filipino
unlicensed rearm as a single o ense. citizen, although she was still a naturalized Russian citizen at
(B) Mayor Z may be charged with Falsi cation under Art. 171,
par. 2 of the RPC. Its elements are: (1) that the o ender is a that time. It was only six months after she led the MLA that
Crimes Against Public Interest public o cer; (2) that the takes advantage of his o cial she led her petition for dual citizenship under R.A. No.
position; and (3) that he falsi es a document by causing it to 9225. When DENR discovered that, at the time of ling the
appear that persons have participated in any act of proceeding MLA, she was still a Russian citizen, her application was
(2019) A.9. X and Y approached Mayor Z and requested him
when they did not in fact so participate. Here, all the elements denied and she was charged with falsi cation of a public
to solemnize their marriage. On the day of the ceremony, X
of the crime are present. Mayor Z signed the marriage document for misrepresenting herself as a Filipino citizen.
and Y proceeded to Mayor Z' s o ce but he was not there.
certi cate which states that he solemnized the marriage of X Infuriated, Robina also led charges against Ramsey for
Mayor Z's chief of sta , Mr. U, however, represented that he
and Y when in fact, he did not participate in its solemnization. falsi cation of a private document for stating in their
himself can solemnize their marriage and just have Mayor Z
"Kasunduan" that the property was alienable and disposable.
sign the marriage certi cate when the latter comes back.
Consequently, upon X and Y's assent, Mr. U solemnized the (2018) XVII. Robina bought from Ramsey a seaside In the case for falsi cation of a public document, Robina's
marriage, despite his lack of authority therefor. property located in Romblon. At that time, she was in the defense was that, at the time she led the MLA, she had every
process of returning to the Philippines as a returning resident, intention to reacquire Philippine citizenship, as in fact she
(a) What crime may Mr. U be charged with under
after retiring from her work in Russia, and was planning to set led for dual citizenship six months thereafter, and that she
the Revised Penal Code (RPC)? Explain. (2.5%)
up a diving school in the area. In a non-notarized "Kasunduan had no intent to gain or to injure the Philippine government
(b) Assuming that Mayor Z signed the marriage
ng Pagbibili," Ramsey represented the property as alienable since she expected that her application for dual citizenship
certificate which stated that he solemnized the
and disposable, and that he had a valid title to the property. would be approved before the MLA could be approved. On
marriage of X and Y, what crime may Mayor Z
When the sale was completed, and as she was applying for the other hand, she claimed in the action against Ramsey that
be charged with under the RPC? Explain. (2.5%)
permits and licenses for her school, she found out that the intent to gain was present since he received the purchase price
property was a public non-alienable and non-disposable land as a result of his misrepresentation. Ramsey's defense was that
(A) Mr. U can be charged with the crime of Usurpation of
which Ramsey had bought from someone who only had a he had a valid Transfer Certi cate of Title in his name, and he
Authority or O cial Functions. Under Art. 177 of the RPC,
foreshore lease over the same. As she was bent on setting up had a right to rely on his title.
Usurpation of Authority may be committed by performing
any act pertaining to any person in authority or public o cer the diving school in the area, having made all the preparations (a) Will the case for falsification of public document
filed against Robina prosper? (2.5%) Yes. Ramsey, as a private individual, committed the act of
he performed an act pertaining to Mayor Abral under the
(b) Will the case for falsification of private making untruthful statements in a narration of facts on a pretense of his o cial function without being lawfully
document filed against Ramsey prosper? (2.5%) commercial document (unnotarized Kasunduan ng Pagbibili). entitled to do so.
(A) The elements of Falsi cation of public documents under (2014) VII. Filthy, a very rich businessman, convinced Loko, a
(2015) XVI. Erwin and Bea approached Mayor Abral and
Article 171 of the RPC, are: clerk of court, to issue an order of release for Takas, Filthy’s
requested him to solemnize their marriage. Mayor Abral
1. That the o ender is a public o cer, employee, or notary agreed. Erwin and Bea went to Mayor Abral's o ce on the day cousin, who was in jail for a drug charge. After receiving
public. of the ceremony, but Mayor Abral was not there. When Erwin P500,000.00, Loko forged the signature of the judge on the
and Bea inquired where Mayor Abral was, his chief of sta order of release and accompanied Filthy to the detention
2. That he takes advantage of his o cial position.
Donato informed them that the Mayor was campaigning for center. At the jail, Loko gave the guard P10,000.00 to open the
3. That he falsi es a document by causing it to appear that gate and let Takas out.
the coming elections. Donato told them that the Mayor
persons have participated in any act or proceeding.
authorized him to solemnize the marriage and that Mayor What crime or crimes did Filthy, Loko, and the guard
4. That such person or persons did not in fact so Abral would just sign the documents when he arrived. Donato commit? (4%)
participate in the proceeding. thereafter solemnized the marriage and later turned over the
In this case, since Robina is not a public o cer, employee or documents to Mayor Abral for his signature. In the marriage Filthy is liable for (1) delivery of prisoner from jail (Article
notary public then she cannot be validly charged with contract, it was stated that the marriage was solemnized by 156, Revised Penal Code) for working out the escape of
falsi cation of public documents. Mayor Abral. prisoner Takas; (2) corruption of public o cials (Article 212,
What crime(s) did Mayor Abral and Donato commit? Revised Penal Code) for giving P500,000.00 to Loko; and (3)
(B) The elements of falsi cation of private documents under
Explain. (4%) falsi cation of public documents, as a principal by
paragraph 1, Article 172 of the RPC are:
inducement (Article 172 (1), Revised Penal Code).
1. that the o ender is a private individual or a public
Mayor Abral committed Falsi cation by making it appear he Loko in conspiracy with Filthy is liable for (1) direct bribery
o cer or employee who did not take advantage of his
had participated in an act or proceeding when he did not, in (Article 210, Revised Penal Code) for accepting the
o cial position;
fact, so participate. In this case, he made it appear in the P500,000.00 in consideration of the Order she issued to
2. that he committed any of the acts of falsi cation marriage contract that he solemnized the marriage between enable Takas to get out of jail; (2) falsi cation of public
enumerated in Article 171 of the RPC; and, Erwin and Bea when, in actually, he did not. documents for forging the Judge’s signature on said Order
3. that the falsi cation was committed in a public, o cial (Article 171, Revised Penal Code); (3) delivery of prisoners
Donato, on the other hand, committed Usurpation of
or commercial document. from jail (Article 156, Revised Penal Code) for making the
Authority or O cial Functions under Article 177 of the
Revised Penal Code. When Donato solemnized the marriage, false Order and forging the Judge’s signature thereon, to
enable Takas to get out of jail. (2008) X. Upon opening a letter containing 17 money orders,
Fe is liable for the crime of quali ed theft. Fe did not acquire
the mail carrier forged the signatures of the payees on the
The guard is liable for (1) direct bribery for agreeing to open juridical possession of the money. Fe’s possession is still
the gate in consideration of P10,000.00 and (2) in delity in money order and encashed them. possession of her employer. The falsi cation of the talaan or
the custody of prisoner for consenting to the escape of the What crime or crimes did the mail carrier commit? ledger was but a means to facilitate or conceal the crime. The
prisoner by opening the gate. Explain briefly. (6%) falsi cation of the talaan or ledger to a gure lower than what
was paid by their customers is merely intended to conceal the
(2013 I.X). Frank borrowed P1,000,000 from his brother In Peo. v. Villanueva, the Supreme Court held that the mail misappropriation of the money derived from the rice mill
Eric. To pay the loan, Frank issued a post-dated check to be carrier is guilty of malversation and falsi cation. operation. Considering that a special con dential or duciary
presented for payment a month after the transaction. Two relationship exists between her and her employer, the crime
In US v, Gorospe, 31 Phil, the Supreme Court ruled the crime
days before maturity, Frank called Eric telling him he had committed by Fe is quali ed theft under Article 310 of the
is in delity in the custody of documents.
insu cient funds and requested that the deposit of the check Revised Penal Code by taking the employer’s money.
He can be charged with quali ed theft since the property
be deferred. Nevertheless, Eric deposited the check and it was
stolen is mail matter (Marcelo v. Sandiganbayan).
dishonored. When Frank failed to pay despite demand, Eric (2005) IV.2. DD purchased a television set for P50,000.00
led a complaint against him for violation of Batas Pambansa He may also be charged with forgery under Art. 169 (2) RPC, with the use of a counterfeit credit card. The owner of the
Big. 22 (The Bouncing Checks Law). because there was a material alteration on a genuine document establishment had no inkling that the credit card used by DD
(Luis B. Reyes, The Revised Penal Code, Volume II, page 198, was counterfeit.
Was the charge brought against Frank correct? (7%)
16th Edition [2006] citing US v. Solito, 36 Phil 785).
What crime or crimes did DD commit? Explain. (5%)
Yes, the charge is correct. Violation of Batas Pambansa Big. 22, He may be charged with falsi cation under Art. 171 (1), (2)
The Bouncing Checks Law, is malum prohibitum which is RPC, because he counterfeited signatures to make it appear DD committed the crime of estafa under Art. 315, par. 2(a) of
committed by mere issuance of a check without su cient that the payees signed the money order and received payment. the Revised Penal Code by falsely pretending to posses credit.
funds. Good faith is not a defense. As long as the check was The elements of estafa under this penal provision are; (1) the
issued on account or for value, the purpose for which the (2007) VIII. Fe is the manager of a rice mill in Bulacan. In accused defrauded another by means of deceit; and (2) damage
check was issued, the terms and conditions relating to the order to support a gambling debt, Fe made it appear that the or prejudice capable of pecuniary estimation is caused to the
issuance are irrelevant to the prosecution of the o ender. rice mill was earning less than it actually was by writing in a o ended party or third party.
Hence, the request of Frank to defer the deposit of the check "talaan" or ledger a gure lower than what was collected and The accused also violated R.A. No. 8484, which punishes the
as it has insu cient funds will not militate against the paid by their customers. Fe then pocketed the di erence. use or possession of fake or counterfeit credit card.
prosecution for violation of BP 22.
What crime/s did Fe commit, If any? Explain your
answer.
(2005) XIV. Al Chua, a Chinese national, led a petition rampant illegal activities in the area, police o cer Pepe saw that these paraphernalia were t or intended for introducing
under oath for naturalization, with the Regional Trial Court Raul inside a small shanty holding a disposable syringe. Being any dangerous drug into the body.
of Manila. In his petition, he stated that he is married to Leni a police o cer for almost 15 years and having previously made
Here, there was no showing that the seized syringe and empty
Chua; that he is living with her in Sampaloc, Manila; that he is more than ten arrests involving possession of drug ampules had traces of illegal drugs. There was no test
of good moral character; and that he has conducted himself in paraphernalia, Pepe entered through the open door of Raul’s conducted to prove that the seized items were used to
an irreproachable manner during his stay in the Philippines. shanty and arrested him. Inside the shanty, 23 more pieces of
introduce illegal drugs into the body.
However, at the time of the ling of the petition, Leni Chua disposable syringes and empty ampules were seized from Raul.
was already living in Cebu, while Al was living with Babes Toh Pepe immediately marked the seized items, took photographs Raul should therefore be acquitted.
in Manila, with whom he has an amorous relationship. After thereof, and conducted an inventory in the presence of Raul, a
his direct testimony, Al Chua withdrew his petition for barangay kagawad, a representative from the Department of (2019) A.8. After a successful entrapment operation by the
naturalization. Justice (DOJ), and a media practitioner. The seized items were Philippine Drug Enforcement Agency, Mr. D, a known drug
turned over to the evidence custodian, who kept them in a pusher, was arrested on January 15, 2019 for having been
What crime or crimes, if any, did Al Chua commit?
sealed container in the police station. caught in agrante delicto selling a pack of shabu, a prohibited
Explain. (5%)
drug, to the poseur-buyer. Consequently, Mr. D was frisked
During the trial of Raul for the crime of Illegal Possession of
by the arresting o cer, and aluminum foils, plastic lighters,
Al Chua committed perjury. His declaration under oath for Drug Paraphernalia, police o cer Pepe, the sole witness for the
and another plastic sachet of shabu were obtained from him.
naturalization that he is of good moral character and residing prosecution, testi ed as narrated above. After which, the
The items were marked immediately upon con scation, and
at Sampaloc, Manila are false. This information is material to prosecution rested its case. The defense did not present any
they were likewise inventoried and photographed at the place
his petition for naturalization. He committed perjury for this evidence.
of arrest. Throughout the process, a media representative was
willful and deliberate assertion of falsehood which is If you were the judge, would you convict or acquit Raul able to witness the conduct of the marking, inventory, and
contained in a veri ed petition made for a legal purpose. for the crime charged? Explain briefly. photography of the seized items in the presence of Mr. D.
(Choa v. People, G.R. No. 142011, March 14, 2003)
Mr. D was then charged with the crimes of Illegal Sale and
I would acquit Raul for the prosecution's failure to prove his
Illegal Possession of Dangerous Drugs. In defense, he
Crimes Relative to Opium and Other guilt beyond a reasonable doubt.
lamented that the chain of custody procedure under Section
Prohibited Drugs
The case of Cuico v. People, G.R. No. 232293, December 09, 21, Article II of the Comprehensive Dangerous Drugs Act of
Comprehensive Dangerous Drugs Act of 2002 2020, has ruled that for a conviction of the crime of illegal 2002, as amended, was not followed because only a media
possession of drug paraphernalia, it must be proven beyond representative was present. In response, the prosecution
(2022) 12. Sometime in 2011, while police o cers were reasonable doubt that these items were used or intended to be maintained that the said media representative was a very
conducting a foot patrol in connection with the report of used as drug paraphernalia. There should be evidence showing credible reporter and as such, the presence of any other witness
was unnecessary. (B) The unjusti ed deviation from the chain of custody rule b. Rule on the contention of the State. (2.5%)
(a) Was the chain of custody procedure validly would lead to Mr. D’s acquittal. Well settled is the rule that the
complied with in this case? If not, was the procedure under Sec. 21 is a matter of substantive law and (A) To establish the chain of custody, the prosecution must
deviation from such procedure justified? cannot be brushed aside as a simple procedural technicality show the movements of the dangerous drugs from its
Explain. (3%) [People v. Año, G.R. No. 230070, March 14, 2018]. con scation up to its presentation in court. The purpose of
(b) What is the consequence of an unjustified establishing the chain of custody is to ensure the integrity of
deviation from the chain of custody rule to the the corpus delicti (People v. Magat, G.R. No. 179939,
(2016) XIV. Dimas was arrested after a valid buy-bust
criminal case against Mr. D? Explain. (2%) September 29, 2008).
operation. Macario, the policeman who acted as poseur-buyer,
inventoried and photographed ten (10) sachets of shabu in the The following links that must be established in the chain of
(A) No, the chain of custody was not validly complied with. presence of a barangay tanod. The inventory was signed by custody in a buy-bust situation are: rst, the seizure and
Under Sec. 21 of RA 9165, as amended by RA 10640, the Macario and the tanod, but Dimas refused to sign. As Macario marking, if practicable, of the illegal drug recovered from the
presence of at least two insulating witnesses are required: (1) was stricken with u the day after, he was able to surrender the accused by the apprehending o cer; second, the turnover of
an elected public o cial, and (2) a representative from the sachets to the PNP Crime Laboratory only after four (4) days. the illegal drug seized by the apprehending o cer to the
media, or a representative from the National Prosecution During pre-trial, the counsel de o cio of Dimas stipulated that investigating o cer; third, the turnover by the investigating
Service. Here, only a media representative was present to the substance contained in the sachets examined by the o cer of the illegal drug to the forensic chemist for laboratory
witness the conduct of marking, inventory and photography. forensic chemist is in fact methamphetamine hydrochloride or examination; and fourth, the turnover and submission of the
Further, the credibility of the media reporter as the lone shabu. Dimas was convicted of violating Section 5 of RA marked illegal drug seized from the forensic chemist to the
witness in a buy-bust operation is neither a plausible 9165. On appeal, Dimas questioned the admissibility of the court (People v. Kamad, G.R. No. 174198, January 29, 2010)
explanation nor an unacceptable justi cation for the PDEA’s evidence because Macario failed to observe the requisite "chain To establish the rst link in the chain of custody, and that is
non-compliance with the chain of custody rule. The Supreme of custody" of the alleged "shabu" seized from him. On behalf the seizure of the drug from the accused, the prosecution must
Court listed the following acceptable justi cations in case of of the State, the Solicitor General claimed that despite comply with Section 21 of RA No. 9165, which requires that
the absence of witnesses: (1) their attendance was impossible non-compliance with some requirements, the prosecution was the apprehending o cer after the con scation of drug must
because the place of arrest was a remote area; (2) their safety able to show that the integrity of the substance was preserved. immediately physically inventory and photograph the same in
was threatened by an immediate retaliatory action of the Moreover, even with some deviations from the requirements, the presence of the accused or the person from whom such
accused; and (3) earnest e orts to secure the presence of the the counsel of Dimas stipulated that the substance seized from items were con scated, or his representative or counsel, a
witnesses within the period required under Art. 125 of the Dimas was shabu so that the conviction should be a rmed. representative from the media and the Department of Justice
RPC prove futile through no fault of the arresting o cers
a. What is the "chain of custody" requirement in (DOJ), and any elected public o cial who shall be required to
[People v. Sipin, as cited in People v. Lim, G.R. 231989,
drug offenses? (2.5%) sign the copies of the inventory and be given a copy thereof
September 04, 2018].
and within twenty-four (24) hours upon such con scation, failure to observe the requirement? (3%) discovered that it was actually a shabu session. At that precise
the drug shall be submitted to the.PDEA Forensic Laboratory time, the place was raided by the police, and Anastacio was
for examination. “Chain of Custody” requirement in drug o ense refers to the among those arrested.
(B) The contention of the State is meritorious. duly recorded, authorized movement and custody of seized What crime can Anastacio be charged with, if any?
dangerous drugs, controlled chemicals, plant sources of Explain your answer.
Macario, the policeman failed to comply with Section 21 of dangerous drugs, and laboratory equipment of dangerous
RA NO 9165 since the inventory and photograph of the drugs from the time con scation/seizure thereof from the
drugs was only made in the presence of barangay tanod and Anastacio can be charged with violation of Section 7, Article
o ender, to its turn-over and receipt in the forensic laboratory 2, RA 9165, otherwise knownas the Comprehensive Drug Act
the same was not submitted to the PNP Crime Laboratory
for examination to its safekeeping and eventual of 2002, which punishes any person who visits a den, diveor
within 24 hours. The rule is settled that failure to strictly presentation/o er in court as evidence of the criminal
comply with Section 21(1), Article il of R.A. No. 9165 does resort, knowing the nature of the place as such.
violation, and for destruction (Dangerous Drugs Board
not necessarily render an accused’s arrest illegal or the items Regulation No. 1 Series of 2002). A den, dive, resort is a place where any dangerous drugs and
seized or con scated from him inadmissible. essential chemicals is administered, delivered, stored, sold or
Its rationale is to preserve the authenticity of the corpus delicti used in any form. (Section 3[1], Article 1, RA9165).
The most important factor is the preservation of the integrity or body of the crime by rendering it improbable that the
and evidentiary value of the seized item. Moreover, the issue of original item seized/con scated in violation has been However, Anastacio could interpose as a defense for his
non-compliance with Section 21 of RA No. 9165 cannot be exculpation that he is now aware that the house of Tiburcio is
exchanged or substituted with another or tampered with or
raised for the rst time on appeal (People v. Badilla, G.R. No. contaminated. It is a method of authenticating the evidence as a den or dive.
218578, August 31, 2016).
would support a nding beyond reasonable doubt that the
matter is what the prosecution claims to be. (2006) XVI. After receiving a reliable information that Dante
(2009) XIV. Following his arrest after a valid buy-bust Ong, a notorious drug smuggler, was arriving on PAL Flight
Failure to observe the "chain of custody” requirement
operation, Tommy was convicted of violation of Section 5, No. PR 181, PNP Chief Inspector Samuel Gamboa formed a
questionable, renders the evidence not trustworthy and
Republic Act 9165. On appeal, Tommy questioned the group of anti-drug agents. When Ong arrived at the airport,
insu cient to prove the corpus delicti beyond reasonable
admissibility of the evidence because the police o cers who the group arrested him and seized his attaché case. Upon
doubt. Hence, Tommy would be acquitted on reasonable
conducted the buy-bust operation failed to observe the inspection inside the Immigration holding area, the attaché
doubt.
requisite "chain of custody" of the evidence con scated and/or case yielded 5 plastic bags of heroin weighing 500 grams. Chief
seized from him. Inspector Gamboa took the attaché case and boarded him in
(2007) II. Tiburcio asked Anastacio to join their group for a
What is the "chain of custody" requirement in drug an unmarked car driven by PO3 Pepito Lorbes. On the way to
"session". Thinking that it was for a mahjong session,
offenses? What is its rationale? What is the effect of Camp Crame and upon nearing White Plains corner Edsa,
Anastacio agreed. Upon reaching Tiburcio’s house, Anastacio Chief Inspector Gamboa ordered PO3 Lorbes to stop the car.
They brought out the drugs from the case in the trunk and got dangerous drugs.
Anti-Gambling Act
3 plastic sacks of heroin. They then told Ong to alight from
PD 1602, as amended by RA 9287
the car. Ong left with the 2 remaining plastic sacks of heroin. (2005) XIII. Obie Juan is suspected to have in his possession
Chief Inspector Gamboa advised him to keep silent and go an unspeci ed amount of methamphetamine hydrochloride or
home which the latter did. Unknown to them, an NBI team (2005) XII. Don Gabito, a philanthropist, o ered to fund
“shabu”. An entrapment operation was conducted by police
of agents had been following them and witnessed the several projects of the Mayor. He opened an account in the
o cers, resulting in his arrest following the discovery of 100
transaction. They arrested Chief Inspector Gamboa and PO3 Mayor’s name and regularly deposited various amounts
grams of the said dangerous drug in his possession. He was
Lorbes. Meanwhile, another NBI team followed Ong and ranging from P500,000.00 to P1 Million. From this account,
subjected to a drug test and was found positive for the use of
likewise arrested him. All of them were later charged. the Mayor withdrew and used the money for constructing
marijuana, another dangerous drug. He was subsequently
feeder roads, barangay clinics, repairing schools and for all
What are their respective criminal liabilities? 5% charged with two crimes: Violation of Section 11, Article II of
other municipal projects. It was subsequently discovered that
RA 9165 for the possession of “shabu” and violation of
Don Gabito was actually a jueteng operator and the amounts
Chief Inspector Gamboa and PO3 Pepito Lorbes who Section 15, Article II of RA 9165 for the use of marijuana.
he deposited were proceeds from his jueteng operations.
conspired in taking the attache case are liable for the following a) Are the charges proper? Explain.
crimes de ned under RA. 9165: What crime/s were committed?
b) So as not to be sentenced to death, Obie Juan
a) Sec. 27 for misappropriation or failure to account for offers to plead guilty to a lesser offense. Can he do Who are criminally liable? Explain. (6%)
the con scated or seized dangerous drugs. so? Why? (5%)
Don Gabito violated the Anti-Money Laundering Act (Sec. 4,
b) Sec. 4 in relation to Sec. 3(ee) for their acts as
(A) No. The use of dangerous drugs is not committed when R.A. No. 9160) for knowingly transacting money as property
protector/coddler of Dante Ong who imported drugs
Obie Juan was also found to have in his possession such which involves or relates to the proceeds of an unlawful
In addition, by allowing Ong to escape prosecution for illegal quantity of any dangerous drug. (See s. 11 and 16, RA. No. activity such as jueteng. In addition, he may be prosecuted for
importation or illegal transportation of dangerous drugs, 9165) liability as ajueteng operator. (R.A. No. 9287)
where the penalty is life imprisonment to death, they are also
(B) No. Obie Juan cannot plead guilty to a lower o ense as it The mayor who allowed the opening of an account in his
liable for quali ed bribery under Art. 211-A of the Revised
is prohibited under the law. (Section 23, RA. No. 9165) Any name is likewise guilty for violation of the AMLA. He,
Penal Code.
person charged under any provision of this Act regardless of knowing that the money instrument or property involves the
With respect to Dante Ong, he is guilty of illegal importation the imposable penalty shall not be allowed to avail of the proceeds of an unlawful activity, performs or fails to perform
of dangerous drugs under Sec. 4, R.A. 9165, if PR 181 is an provision on plea-bargaining. any act which results in the facilitation of money laundering.
international ight. If PR 181 is a domestic ight, he is liable
for violation of Sec. 5, RA. 9165 for illegal transportation of
Crimes Against Public Morals Crimes Committed by Public O cers
Mr. Gulang as a private individual without a co-accused, who

(2017) V. To aid in the rebuilding and revival of Tacloban (a) Who is a public officer? (2%)
(b) Discuss whether the crimes charged against Mr. is a public o cer, is improper.
City and the surrounding areas that had been devastated by
the strongest typhoon. to hit the country in decades, the Gulang are proper. Explain your answer. (3%)
Government and other sectors, including NGOs, banded (2015) XV. Dancio, a member of a drug syndicate, was a
together in the e ort. Among the NGOs was Ba..,gon Waray, (A) Under Article 203 of the Revised Penal Code, any person detention prisoner in the provincial jail of X Province. Brusco,
Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its President and who, by direct provision of the law, popular election or another member of the syndicate, regularly visited Dancio.
CEO. BaWI operated mainly as a social amelioration and appointment by competent authority, shall take part in the Edri, the guard in charge who had been receiving gifts from
charitable institution. For its activities in the typhoon-stricken performance of public functions in the Government of the Brusco every time he visited Dancio, became friendly with him
parts of Leyte Province, BaWI received funds from all sources, Philippine Islands, or shall perform in said Government or in and became relaxed in the inspection of his belongings during
local and foreign, including substantial amounts from any of its branches public duties as an employee, agent or his jail visits. In one of Brusco's visits, he was able to smuggle
legislators, local government o cials and the EU. After several subordinate o cial, of any rank or class, shall be deemed to be in a pistol which Dancio used to disarm the guards and
months, complaints were heard about the very slow a public o cer. destroy the padlock of the main gate of the jail, enabling
distribution of relief goods and needed social services by Dancio to escape.
(B) As a general rule, malversation and failure to render
BaWI. accounting can only be committed by an accountable public What crime(s) did Dancio, Brusco and Edri commit?
The COA reported the results of its audit to the e ect that at o cer. However, Article 222 of the Revised Penal Code Explain. (5%)
least P10 Million worth of funds coming from public sources provides that the provisions on malversation and failure to
channeled to BaWI were not yet properly accounted for. The render account shall apply to private individuals who, in any Dancio did not commit any crime for he is a mere detention
COA demanded reimbursement but BaWI did not respond. capacity whatever, have charge of any national, provincial or prisoner at the time he escaped. Article 157 of the Revised
municipal funds, revenues or property. The charges, therefore, Penal Code on Evasion of Sentence provides that, the felony
Hence, Mr. Gulang was criminally charged in the O ce of the
against Mr. Gulang for malversation and failure to render shall be imposed upon a convict who shall evade service of his
Ombudsman with malversation of public funds and failure of
accounting are proper although he is a private individual. sentence by escaping during the term of his imprisonment by
accountable o cer to render accounts as respectively de ned
reason of a nal judgment. There being no nal judgment yet,
and punished by Art. 217 and Art. 218 of the Revised Penal As a general rule, a private individual can be held liable for
no crime has been committed.
Code. He was also· charged with violation of Sec. 3(e) of R.A. violation of RA No. 3019 if he conspired with a public o cer
No. 3019 for causing undue injury to the Government. in committing this crime (Go v. The Fifth Division, Brusco, on the contrary, may be held liable for Obstruction of
Sandiganbayan, G.R. No. 172602, April 13, 2007). However, Justice under PD 1829 for facilitating the escape of Dancio
In his defense, Mr. Gulang mainly contended that he could
there is no showing in this case that a public o cer violated whom he knows to have committed an o ense under an
not be held liable under the various· charges because he was
RA No. 3019 and Mr. Gulang conspired with that public existing penal law to prevent his prosecution and conviction.
not a public o cer
o cer in committing this crime. Hence, the charge against Whereas, Edri, a public o cer, may be held liable for In delity
in the Custody of Prisoners under Article 244 of the Revised gift or present. whether done with criminal intent or not.
Penal Code. Brusco was able to smuggle the pistol because of
Meanwhile, a police o cer who refrains from arresting such
Edri’s negligence which resulted to the escape of Dancio. o ender for the same consideration abovestated, may be (2009) X. To secure the release of his brother Willy, a
Where it not for his act the detained prisoner would not have prosecuted for this felony since he is a public o cer detention prisoner, and his cousin Vincent, who is serving
escaped. enforcement sentence for homicide, Chito asked the RTC Branch Clerk of
Court to issue an Order which would allow the two prisoners
(2010) IX. Proser na, an assistant public high school to be brought out of jail. At rst, the Clerk refused, but when
(2010) II.
principal, acted to facilitate the release of salary di erentials Chito gave her P50,000.00, she consented.
a. What is the crime of qualified bribery? (2%)
and election duty per diem of classroom teachers with the She then prepared an Order requiring the appearance in court
b. May a judge be charged and prosecuted for such felony?
agreement that they would reimburse her for her expenses. of Willy and Vincent, ostensibly as witnesses in a pending case.
How about a public prosecutor? A police officer? Explain.
Did Proserfina commit a crime? Explain. (5%) She forged the judge’s signature, and delivered the Order to
(5%)
the jail warden who, in turn, allowed Willy and Vincent to go
out of jail in the company of an armed escort, Edwin. Chito
(A) Quali ed robbery is a crime committed by a public o cer Yes, Proser na committed violation of Sec. 3(b) of Rep. Act
also gave Edwin P50,000.00 to leave the two inmates
who is entrusted with law enforcement who, in consideration No. 3019 which considers as a corrupt practice, the act of:
unguarded for three minutes and provide them with an
of any o er, promise, gift or o er, refrains from arresting or “(b) Directly or indirectly requesting or receiving any gift, opportunity to escape. Thus, Willy and Vincent were able to
prosecuting an o ender who has committed a crime present, share percentage, or bene t, for himself or for any escape.
punishable by reclusion perpetua and/or death (Art. 211-A, other person, in connection with any contact or transaction
RPC). What crime or crimes, if any, had been committed by
between the Government and any other party, wherein the
Chito, Willy, Vincent, the Branch Clerk of Court,
(B) No, a judge may not be charged of this felony because his public o cer in his o cial capacity ha to intervene under the
Edwin, and the jail warden? Explain your answer. (5%)
o cial duty as a public o cer is not law enforcement but the law.”
determination of cases already led in court. Being the assistant public high school principal, it is her duty The crime committed in this case are as follows:
On the other hand, a public prosecutor may be prosecuted for to intervene in the release of salary di erentials and per diem
a. Chito committed the crimes of –
this crime in respect of the bribery committed, aside from of classroom teachers under her. Her act of doing so, made
dereliction of duty committed in violation of Art. 208 of the with a request for a share or bene t therefor constitutes graft 1. Delivery of Prisoners from Jail (Art. 156, RPC) for working
Revised Penal Code, should he refrain form prosecuting an or corrupt practices under Sec. 3(b) of Rep. Act No. 3019. out the escape of prisoners Willy and Vincent;
o ender who has committed a crime punishable by reclusion Considering that the acts prohibited or punished under this 2. Two counts of Corruption of Public O cials (Art. 212,
perpetua and/or death in consideration of any o er, promise, law are mala prohibita, and thus punishable thereunder, RPC); and
3. Falsi cation of Public Documents, as a principal by e. Edwin, the jail guard who escorted the prisoner in getting a. State with reasons, the crime or crimes, if any,
inducement (Art. 172[1], RPC). out of jail, committed the crimes of – committed by Eliseo. (4%)
b. Willy Committed the crime of Delivery of Prisoners from 1. In delity in the Custody of Prisoners, especially conniving b. Would your answer to the first question be the
Jail (Art. 156, RPC) as a principal by indispensable with or consenting to Evasion for leaving unguarded the same if ABC Corporation were a private
participation if he was aware of the criminal plan of Chito to prisoners escorted by him and provide them an opportunity to corporation? Explain. (3%)
have them escape from prison and he did escape pursuant to escape (Art. 223, RPC);
such criminal plan; otherwise he would not be liable for said (A) Eliseo committed Malversation for allowing Myrna to
2. Direct Bribery for receiving the P50,000.00 as consideration misappropriate the money for which he, as Sheri , is
crime if he escaped pursuant to human instinct only.
for leaving the prisoners unguarded and allowing them the accountable (Art. 217, RPC). In this case, the act of Eliseo of
c. Vincent, being a prisoner serving sentence by nal opportunity to escape (Art. 210, RPC);
lending the amount to his o cemate is tantamount to
judgment, committed the crime of Evasion of Service of
The jail warden did not commit nor incur a crime there being permitting any other person to take the public funds,
Sentence (Art. 157, RPC) for escaping during the term of his
no showing that he was aware of what his subordinates had considering that the P100,000 involved is a public funds, it
imprisonment.
done nor of any negligence on his part that would amount to should be turned-over to the O ce of the Clerk of Court.
d. The Branch Clerk of Court committed the crimes of: in delity in the custody of prisoners.
(B) The answer would be the same since even if ABC is a
1. Direct Bribery (Art. 210, RPC) for accepting the private corporation, Eliseo is still accountable for it, and the
P50,000.00 – in consideration of the Order she issued to (2008) XIV. Eliseo, the deputy sheri , conducted the same should be delivered to the Court.
enable the prisoners to get out of jail; execution sale of the property of Andres to satisfy the
judgment against him in favor of ABC Corporation, a
2. Falsi cation of Public Document for forgoing the judge's (2006) VI. In 1982, the Philippine National Bank (PNB),
government-owned or controlled corporation with an original then a government banking institution, hired Henry dela
signature on said Order (Art. 171, RPC);
charter. However, the representative of the corporation failed
Renta, a CPA, as Regional Bank Auditor. In 1992, he resigned
3. Delivery of Prisoners from Jail (Art. 156, RPC), as a to attend the auction sale. Gonzalo, the winning bidder,
and was employed by the Philippine Deposit Insurance
co-principal of Chito by indispensable cooperation for making purchased property for P100,000 which he paid to Eliseo. Corporation (PDIC), another government-owned and
the false Order and forgoing the judge‟s signature thereon, to Instead of remitting the amount to the Clerk of Court as
controlled corporation. In 1995, after the PNB management
enable prisoners to get out of jail; ex-o cio Provincial Sheri , Eliseo lent the amount to Myrna,
unearthed many irregularities and violations of the bank's
4. Evasion of Service of Sentence (Art. 157, RPC); as a his o cemate, who promised to repay the amount within two rules and regulations, dela Renta was found to have
co-principal of Vincent by indispensable cooperation for months, with interest thereon. However, Myrna reneged on
manipulated certain accounts involving trust funds and time
making the false Order that enable Vincent to evade service of her promise. Despite demands of ABC Corporation, Eliseo deposits of depositors. After investigation, he was charged
his sentence; failed to remit the said amount.
with malversation of public funds before the Sandiganbayan.
He led a motion to dismiss contending he was no longer an the Filipino-Chinese Chamber of Commerce and Industry Ombudsman a complaint for acts of lasciviousness and with
employee of the PNB but of the PDIC. and to certain CEOs of various multinational corporations the Supreme Court a petition for disbarment against him.
requesting donations of gifts for her o ce Christmas party. Forthwith, he led separate motions to dismiss the complaint
a. Is dela Renta's contention tenable? 2.5%
She used the Bureau's o cial stationery. The response was for acts of lasciviousness and petition for disbarment, claiming
b. After his arraignment, the prosecution led a motion
for his suspension pendente lite, to which he led an prompt and overwhelming so much so that Commissioner lack of jurisdiction over his person and o ce.
opposition claiming that he can no longer be Torres' o ce was overcrowded with rice cookers, radio sets,
Are both motions meritorious? 5%
suspended as he is no longer an employee of the PNB freezers, electric stoves and toasters. Her sta also received
but that of the PDIC. Explain whether the mayor several envelopes containing cash money for the employees'
The motion to dismiss the complaint of the Deputy
may not be suspended. 2.5% Christmas luncheon.
Ombudsman for the acts of lasciviousness should be denied as
Has Commissioner Torres committed any impropriety only the Ombudsman is included in the list of impeachable
(A) The contention of Henry dela Renta is not tenable. Dela or irregularity? What laws or decrees did she violate? o cers found in Article XI of the 1987 Constitution.
Renta may be prosecuted for malversation even if he had 5% Therefore, the Sandiganbayan has jurisdiction over his
ceased to be an employee of the PNB. At the time of the prosecution (O ce of the Ombudsman vs. CA, G.R. 146486,
commission of the o ense, PNB was a government owned and Yes, Commissioner Torres violated the following: March 4, 2005). Likewise, the Supreme Court has jurisdiction
controlled corporation and therefore, any crime committed by over the petition for disbarment, as he is a member of the bar.
1. RA. 6713 — Code of Conduct and Ethical Standards for
the Regional Bank Auditor, who is a public o cer, is subject Public O cials and Employees when he solicited and accept His motion to dismiss should be denied (See Rule 139 and
to the jurisdiction of the Sandiganbayan (See R.A. 7975 as gifts (Sec. 7[d]).
139 of the Rules of Court).
amended by RA. 8249).
2. P.D. 46 — Making it punishable for public o cials and
(B) Dela Renta may still be suspended pendente lite despite (2005) X. During a PNP buy-bust operation, Cao Shih was
employees to receive, and for private persons to give, gifts on
holding a di erent public o ce, the PDIC, when he was arrested for selling 20 grams of methamphetamine
any occasion, including Christmas.
charged. The term "o ce" in Sec. 13 of R.A. 3019 applies to hydrochloride (shabu) to a poseur-buyer. Cao Shih, through
any o ce which the o cer might currently be holding and 3. Indirect Bribery (Art. 211, Revised Penal Code) for an intermediary, paid Patrick, the Evidence Custodian of the
not necessarily the o ce or position in relation to which he is receiving gifts o ered by reason of o ce. PNP Forensic Chemistry Section, the amount of P500,000.00
charged (Segovia v. Sandiganbayan, G.R. No. 122740, March in consideration for the destruction by Patrick of the drug.
30,1998). (2006) XII. Judge Rod Reyes was appointed by former Patrick managed to destroy the drug.
President Fidel Ramos as Deputy Ombudsman for the Visayas State with reasons whether Patrick committed the following
(2006) VIII. Commissioner Marian Torres of the Bureau of for a term of 7 years commencing on July 5, 1995. Six months crimes:
Internal Revenue (BIR) wrote solicitation letters addressed to thereafter, a lady stenographer led with the O ce of the
a) Direct bribery;
b) Indirect bribery; stated purpose that he would testify that his wife Rima had
(2019) B.18. A typhoon destroyed the houses of many of the
c) Section 3(e) of RA 3019 (Anti-Graft and shot him in the stomach with a .38 caliber pistol, resulting in
inhabitants of Municipality M. Accordingly, the local
Corrupt Practices Act); near fatal injuries. Upon objection of the defense on the
government passed an appropriation in the amount of
d) Obstruction of Justice under PD 1829; (7%) ground of the marital disquali cation rule, the presiding judge
P1,000,000.00 to implement a Calamity Assistance Program
(Judge Rossano) disallowed Reichter from testifying in the
for the typhoon victims, and the funds therefor were
(A) Patrick committed the crimes of Direct Bribery and case. Its motion for reconsideration having been denied, the
eventually earmarked for the purpose. Upon the orders,
In delity in the Custody of Documents. When a public People of the Philippines went up on certiorari to the Court of
however, of Mayor T of Municipality M, these funds were
o cer is called upon to perform or refrain from performing an Appeals (CA) questioning Judge Rossano's ruling.
disbursed for the reconstruction of the municipal hall which
o cial act in exchange for a gift, present or consideration After due proceedings, the CA rendered judgment declaring
was substantially damaged by the typhoon. According to
given to him (Art. 210, Revised Penal Code), the crime Judge Rossano's ruling void ab initio for having been made
Mayor T, the reconstruction of the municipal hall was a more
committed is direct bribery. Secondly, he destroyed the shabu with grave abuse of discretion amounting to lack or excess of
pressing concern than the relief program because the vital
which is an evidence in his o cial custody, thus, constituting jurisdiction, and directing Judge Rossano to allow Reichter to
functions of the local government would be impeded if the
in delity in the custody of documents under Art. 226 of the testify in the criminal case for the stated purpose. This is based
said structure would not be immediately xed.
Revised Penal Code. on the fact that the marital privilege rule does not apply where
What crime did Mayor T commit under the Revised
(B) Indirect bribery was not committed because he did not a spouse committed the crime against the other.
Penal Code? Explain. (2%)
receive the bribe because of his o ce but in consideration of a As the CA decision became nal and executory, the criminal
crime in connection with his o cial duty. case before the RTC was calendared for trial. At the scheduled
Mayor T committed the crime of Technical Malversation
(C) Sec. 3(e), R.A. No. 8019 was not committed because there under Article 220 of the RPC. In this crime, public fund or trial, the prosecution called Reichter to the witness stand in
was no actual injury to the government. When there is no property is considered appropriated if it had been earmarked order to testify on the same matter it earlier announced. The
speci c quanti ed injury, violation is not committed. by law or ordinance for a speci c expenditure [Dela Cuesta v. defense objected on the ground that the CA erred in its
(Garcia-Rueda vs Amor, et al., G.R. No. 116938, September Sandiganbayan, G.R. Nos. 164068-69, November 19, 2013]. disposition of the certiorari case. Judge Rossano sustained the
20, 2001) The law punishes the act of diverting public property objection and again disallowed Reichter from testifying in the
earmarked for a particular public purpose to another public criminal case. Repeated pleas from the prosecution for Judge
(D) Patrick committed the crime of obstruction of justice
purpose [Ysidro v. People, G.R. No. 192330, November 14, Rossano to reconsider his ruling and to allow Reichter to
although the feigner penalty imposable on direct bribery or
2012]. testify fell on deaf ears.
in delity in the custody of documents shall be imposed. Sec. 1
of P.D. No. 1829 refers merely to the imposition of the higher May Judge Rossano be convicted of a crime? If yes, what
penalty and does not preclude prosecution for obstruction of (2018) XV. During the presentation of the prosecution's crime did he commit? (5%)
justice, even if the same not constitute another o ense. evidence, Reichter was called to the witness stand with the
public use other than for which such fund or property were
Yes. Judge Rossano may be convicted of the crime of open (2015) VIII. A typhoon destroyed the houses of many of the
disobedience (Art. 231, RPC) which provides that any judicial appropriated by law or ordinance.
inhabitants of X Municipality. Thereafter, X Municipality
or executive o cer who shall openly refuse to execute the operated a shelter assistance program whereby construction In the case at bar, the funds for the shelter assistance program
judgment, decision or order of any suspension authority made materials were provided to the calamity victims, and the and those of the feeding program are speci cally appropriated
within the scope of the jurisdiction of the latter and issued bene ciaries provided the labor. The construction was by law for their respective purposes. Hence, the act of Mayor
with all the legal formalities shall su er the penalties of Arresto partially done when the bene ciaries stopped helping with the Maawain in transferring 10 boxes of food from the feeding
Mayor in its medium period to prision correctional, special construction for the reason that they needed to earn income to program to the shelter assistance program where the funds of
disquali cation and ne. provide food for their families. When informed of the these programs were separate items is considered as technical
situation, Mayor Maawain approved the withdrawal of ten malversation.
The ruling was issued by the Court of Appeals, it was already
nal and executor; the act of Judge disallowing Reichter from boxes of food from X Municipality's feeding program, which (B) Mayor Maawan cannot invoke the defense of good faith.
testifying is open disobedience under the law. were given to the families of the bene ciaries of the shelter Although the crime is punished under the Revised Penal
assistance program. The appropriations for the funds Code, jurisprudence dictates that Technical Malversation
pertaining to the shelter assistance program and those for the under Article 220 of the Revised Penal Code is malum
(2018) XIX. Ricky was driving his car when he was agged
feeding program were separate items on X Municipality's prohibitum. This being so, criminal intent is not an element of
down by a tra c enforcer for overspeeding. Realizing his
annual budget. the crime. Intent to perpetrate an act will su ce to convict an
undoing, but in a hurry for a meeting, Ricky shoved a PhP500
bill in the tra c enforcer's pocket and whispered to the latter a) What crime did Mayor Maawain commit? accused.
to refrain from issuing him a tra c violation receipt. The Explain. (2.5%)
tra c enforcer still issued him a ticket, and returned his b) May Mayor Maawain invoke the defense of good Anti-Graft and Corrupt Practices Act
money. faith and that he had no evil intent when he RA 3019, as amended
approved the transfer of the boxes of food from
What crime, if any, was committed by Ricky? (5%)
the feeding program to the shelter assistance De nition of Terms
program? Explain. (2.5%)
Ricky in showing a P500 bill in the tra c enforcer’s pocket,
clearly committed the crime of corruption of public under (2010) III. May a public o cer charged under Section 3(b) of
(A) Mayor Maawin committed the crime of Technical Republic Act No. 3019 ["directly or indirectly requesting or
Art. 212 of the RPC, which states that any person who shall
Malversation. Under Article 220 of the Revised Penal Code, receiving any gift, present, share, percentage or bene t, for
have made the o ers or promises or given the gifts or present
Illegal Use of Public Funds of Property or Technical himself or for any other person, in connection with any
to a public o cer is guilty of corruption of public o cer. Even
Malversation is committed when any public o cer shall apply contract or transaction between the government and any other
if the P500 bill was returned it cannot erase the fact that gifts
any public funds or property under his administration to any party, wherein the public o cer in his o cial capacity has to
or presents was given to the tra c enforcer.
intervene under the law"] also be simultaneously or an Information against Luis and the members of the BAC for (2019) B.17. One Sunday afternoon, Mr. X, President of
successively charged with direct bribery under Article 210 of violation of Section 3(e) of Republic Act No. 3019. ABC Corp., happened to bump into the Labor Arbiter
the Revised Penal Code? The Sandiganbayan found Luis and the members of the BAC
assigned to the illegal dismissal case led by certain employees
against his company. During their encounter, Mr. X promised
Explain. (4%) guilty on the sole reason that violation of the procurement law
constitutes evident bad faith and manifest partiality on the the Labor Arbiter a luxury car in exchange for a favorable
ruling. The Labor Arbiter immediately rejected the o er and
part of the accused.
walked away.
Is the Sandiganbayan correct? Explain briefly.
Corrupt Practices of Public O cers (a) What crime did Mr. X commit under the
Revised Penal Code (RPC), if any? Explain.
No, the Sandiganbayan is incorrect as Luis and the members
(2022) 15. In 2003, the Province of Davao del Sur purchased (2.5%)
of the BAC are guilty of committing grave misconduct and
two vehicles for the use of the Governor and Vice Governor, (b) Assuming that Mr. X's offer was instead
gross neglect of duty.
respectively. The purchase requests, which were all signed by accepted, should the Labor Arbiter be held liable
O ce of the Ombudsman v. Martel, G.R. No. 221134, 1 Mar for any crime under the RPC? If so, for what
Luis as then Governor of the province, requested for the
2017, teaches that misconduct is a transgression of some crime? May the Labor Arbiter also be held liable
acquisition of one unit of Ford Ranger XLT 4x4 and one unit
established and de nite rule of action, more particularly, for violation of the Anti-Graft and Corrupt
of Toyota Hilux 4x4. The procurement of the subject vehicles
unlawful behavior or gross neglect of duty by a public o cer. Practices Act? Explain. (5%)
did not undergo competitive public bidding as it was e ected
The misconduct is considered to be grave if it also involves
through direct purchase. The mode of procurement was
other elements such as corruption or the willful intent to (A) Mr. X committed the crime of Attempted Corruption of
approved by the members of the Bids and Awards Committee
violate the law or to disregard established rules. Gross a Public O cial. He o ered to give the Labor Arbiter a luxury
(BAC) of the province. The two vehicles were delivered to the
negligence implies a want or absence of, or failure to exercise car in exchange for a favorable ruling on a pending illegal
provincial government, and after inspection and acceptance by
slight care or diligence, or the entire absence of care. dismissal case. By making such o er, Mr. X already
the concerned o cials, payments were issued to the suppliers.
Here, Luis and the members of the BAC failed to conduct a commenced the performance of material acts of execution in
Subsequently, a complaint was led by a concerned citizen
public competitive bidding to procure the vehicles. In the corrupting the Labor Arbiter. He was not able to perform all
before the O ce of the Ombudsman-Mindanao (OMB)
direct purchase, the brand names of the units were speci ed the material acts of execution only because the Labor Arbiter
claiming that the purchase of the provincial government
instead of only technical descriptions, in violation of RA refused to accept the o er [Pozar v. CA, G.R. No. L-62439,
violated the procurement law. The OMB, after due
9184. The Sandiganbayan should have found Luis and the October 23, 1984].
investigation, veri ed that the provincial government did not
members of the BAC guilty of committing grave misconduct (B) The Labor Arbiter should be held liable for Direct Bribery.
comply with the required procedure of the procurement law.
and gross negligence. Under Art. 210 of the RPC, public o cer commits direct
Based on this nding, the OMB led with the Sandiganbayan
bribery by accepting a gift in consideration of the execution of equipment purchased turned out to be overpriced. Practices Act; which has the following elements: (1) the
an act which does not constitute a crime, in connection with accused is a public o cer discharging administrative, judicial
What crime or crimes, if any, were committed by
the performance of his o cial duties. By accepting Mr. X’s or o cial functions; (2) he must have acted with manifest
Governor A? Explain. (5%)
o er of a luxury car, the Labor Arbiter agreed to render a partiality; evident bad faith or gross inexcusable negligence;
ruling in Mr. X’s favor. and (3) his action caused any undue injury to any party,
Governor A committed the crimes of: (1) Technical
including the government, or gave any private party
The Labor Arbiter may also be held liable for violation of RA Malversation; and (2) Violation of Sections 3 (e) and (g) of
3019, or the Anti-Graft and Corrupt Practices Act. Under unwarranted bene ts, advantage or preference in the discharge
Republic Act No. 3019. Governor A committed the crime of
Sec. 3(e), it is considered a corrupt practice of any public of his functions. The facts show that the rst element is
illegal use of public funds or property punishable under Art.
o cer to cause any undue injury to any party, including the present. The second element is likewise present because,
220 of the Revised Penal Code. This o ense is also known as
Government, or give any private party unwarranted bene ts, “through manifest partiality” in favoring his kumpare,
technical malversation.
advantage or preference in the discharge of his o cial, Governor A did not hold a public bidding and directly
The crime has three elements: a) that the o ender is an purchased the farm equipment from the latter. With respect to
administrative or judicial functions through manifest
accountable public o cer; b) that he applies public funds or the third element, Governor A’s actions caused undue injury
partiality when evident bad faith, or gross inexcusable
property under his administration to some public use; and c) to the government as well as the farmers who were deprived of
negligence. There is manifest partiality when there is a clear,
that the public use for which such funds or property had been the seedlings. His acts likewise gave his kumpare, a private
notorious or plain inclination or predilection to favor one side
applied is di erent from the purpose for which they were party, the unwarranted bene t, advantage or preference, to the
or person rather than another [Fuentes v. People, G.R. No.
originally appropriated by law or ordinance (Ysidoro v. People, exclusion of other interested suppliers.
186421, April 17, 2017]. Here, the Labor Arbiter committed
G.R. No. 192330; November 14, 2012).
manifest partiality in favor of Mr. X. The act committed by the Governor is also in violation of
The amount of P 10 M granted by the Department of Section 3 (g) of RA No. 3019 for entering a contract on behalf
Agriculture to Governor A, an accountable public o cer, is of the government which is . manifestly and grossly
(2016) V. Governor A was given the amount of P10 million
speci cally appropriated for the purpose of buying seedlings disadvantageous to the same.
by the Department of Agriculture for the purpose of buying
to be distributed to the farmers. Instead, Governor A applied
seedlings to be distributed to the farmers. Supposedly
the amount to acquire modern farm equipment through
intending to modernize the farming industry in his province, (2014) III. City Engr. A, is the city engineer and the
direct purchase from XY Enterprise owned by his kumpare.
Governor A bought farm equipment through direct purchase Chairman of the Bids and Awards Committee (BAC) of the
The law punishes the act of diverting public funds earmarked
from XY Enterprise, owned by his kumpare B, the alleged City of Kawawa. In 2009, the City of Kawawa, through an
by law or ordinance for a speci c public purpose to another
exclusive distributor of the said equipment. Upon inquiry, the ordinance,allotted the amount of P100 million for the
public purpose, hence, the liability for technical malversation.
Ombudsman discovered that B has a pending patent construction of a road leading to the poblacion. City Engr. A
application for the said farm equipment. Moreover, the Governor A can also be held liable for Violation of Section 3 instead, diverted the construction of the road leading to his
(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt
farm. Investigation further showed that he accepted money in ill-gotten wealth through a combination of overt or directly or indirectly requesting or receiving any gift, present,
the amount of P10 million each from three (3) contending criminal acts of misuse, misappropriation, conversion share percentage or bene t wherein the public o cer, in his
bidders, who eventually lost in the bidding. or malversation of public funds, receiving kickbacks o cial capacity, has to intervene under the law. He was later
from persons in connection with a government charged also with indirect bribery under the Revised Penal
Audit report likewise showed that service vehicles valued at P2
million could not be accounted for although reports showed contract or project by reason of his o ce or position Code. Malo claims he can no longer be charged under the
that these were lent to City Engr. A’s authorized drivers but and illegally or fraudulently conveying or disposing of Revised Penal Code for the same act under R.A. 3019.
the same were never returned. Further, there were funds under assets belonging to the National Government or any
(B) Malo was charged with estafa under Article 315 because he
City Engr. A’s custody amounting to P10 million which were of its subdivisions; and misrepresented that he had in uence, when he actually had
3. The aggregate amount or total value of the ill- gotten
found to be missing and could not be accounted for. In none.
another project, he was instrumental in awarding a contract wealth amassed, accumulated or acquired is at least
P50 million. (A) Is he correct?
for the construction of a city school building costing P10 (B) Is the charge correct?
million to a close relative, although the lowest bid was P8 (B) Yes, the answer will still be the same since in plunder the
million. Investigation also revealed that City Engr. A has a net basis is the combination of criminal acts or series of acts,
(A) No. One may be charged with violation of R.A. No. 3019
worth of more than P50 million, which was way beyond his which constitutes the accumulation of more than P50 million.
in addition to a felony under the Revised Penal Code for the
legitimate income. (8%) The predicate crimes are already absorbed in the crime of
same delictual act, either concurrently or subsequent to being
(A) If you are the Ombudsman, what charge or plunder. City Engineer A’s net worth being less than P50
charged with a felony under the Revised Penal Code. This is
charges will you file against City Engr. A? million is not determinative of his liability, as long as the
very clear from Section 3 of R.A. No. 3019. Also, R.A. No.
wealth amassed/ accumulated is more than P50M.
(B) Suppose the discovered net worth of City Engr. A 3019 is a special law, the elements of the crime is not the same
is less than P50 million, will your answer still be as those punished under the Revised Penal Code.
the same? (2014) XIV. Malo, a clerk of court of a trial court, promised
(B) Yes. Estafa is committed by any person who shall ask
the accused in a drug case pending before the court, that he
money from another for the alleged purpose of bribing a
(A) If I am the Ombudsman, I would le a case of Plunder would convince the judge to acquit him for a consideration of
government employee when in truth the o ender intended to
under R.A. No. 7080 against City Engineer A. It is very clear P5 million. The accused agreed and delivered the money,
convert the money to his own personal use and bene t
from the facts given that all the elements of plunder are through his lawyer, to the clerk of court.
(Article 315 (2) (c) of the Revised Penal Code).
present, namely: The judge, not knowing of the deal, proceeded to rule on the
1. The o ender is a public o cer holding a public o ce evidence and convicted the accused. (4%)
(2009) XVI. Roger and Jessie, Municipal Mayor and
in the Government of the Republic of the Philippines; (A) Malo was charged with violation of Section 3(b), Republic Treasurer, respectively, of San Rafael, Leyte, caused the
2. The o ender amassed, accumulated, or acquired Act (R.A.) No. 3019, which prohibits a public o cer from disbursement of public funds allocated for their local
development programs for 2008. Records show that the sari-sari store, saw Javier and Jorge robbing an elderly woman
(2022) 2. Moe, Curly, and Larry were drinking and singing
amount of P2-million was purportedly used as nancial of her purse and brutally beating her to death. Anna and
inside a karaoke bar when suddenly, Buboy entered the bar
assistance for a rice production livelihood project. Upon Barbara immediately ran outside and, when they tried to help
and without warning, immediately shot all three of them using
investigation, however, it was found that Roger and Jessie the elderly woman, Javier and Jorge stabbed both of them.
a caliber .45 pistol. Thereafter, Buboy ran out of the bar to
falsi ed the disbursement vouchers and supporting Thereafter, Javier and Jorge ran away with the elderly woman’s
escape. Moe, Curly, and Larry died instantly due to gunshot
documents in order to make it appear that quali ed recipients purse. Anna su ered one stab wound which punctured her
wounds in their heads and bodies. With the help of
who, in fact, are non-existent individuals, received the money. lung, but she survived due to timely medical assistance.
eyewitnesses, Buboy was arrested. After inquest, the
Barbara, however, died as a result of nine stab wounds, one of
Roger and Jessie are charged with malversation through prosecutor charged Buboy with three counts of Homicide.
which pierced through her spleen.
falsi cation and violation of Section 3 (e) of R.A. 3019 for
Do you agree with the charge of Homicide against
causing undue injury to the government. If you were the prosecutor, what crime/s will you le against
Buboy? Explain briefly.
Javier and Jorge for:
Discuss the propriety of the charges filed against Roger
and Jessie. Explain. (4%) No, I don't agree with the charge of Homicide against Buboy. (i) the death of the elderly woman,
He should have been charged with three counts of Murder. (ii) the death of Barbara, and
The charge of malversation through falsi cation is not correct
Under the RPC, Homicide is quali ed to Murder when there (iii) the injuries sustained by Anna? Explain briefly.
because the falsi cation of several documents ware not
is treachery. There is treachery when the o ender commits any
necessary means to obtain the money that were malversed, the
of the crimes against persons, employing means, methods or As the prosecutor, I will le a case for the special complex
falsi cations were committed to cover up or hide the
forms in the execution thereof, which tend directly and crime of robbery with homicide for the deaths of the elderly
malversation and therefore, should be separately treated from
specially to ensure its execution without risk to himself arising woman and Barbara, and the injuries sustained by Anna. This
malversation. The given facts separately treated from
from the defense that the o ended party might make. already includes the two counts of homicide for the death of
malversation. The given facts state that Roger and Jessie
falsi ed disbursement vouchers and supporting documents Here, Buboy shot the three victims without warning leaving the elderly woman and Barbara, and the frustrated homicide
“in order to make it appear” that quali ed recipients received them without opportunity to defend themselves. Buboy committed against Anna.
the money. Art. 48, RPC on complex crime is not applicable. deliberately adopted this method by entering the bar while In robbery with homicide, it is essential that there be a direct
holding a gun. relation and intimate connection between the robbery and the
They should be charged of violation of section 3(e) of RA
3019 for the breach of public trust and due injury cause to the The proper indictment should therefore be three counts of killing. (People v. Casabuena, G.R. No. 246580, June 23,
Government. The violation is a crime malum prohibitum. Murder and not Homicide. 2020) Homicide is used in ts generice sense and regardless of
count and stage.
Crimes Against Persons (2022) 6. Anna and Barbara, while working inside their Here, Javier and Jorge robbed the elderly woman and on its
occasion, killed the latter as well as Barbara who was trying to o ender must catch his or her spouse in the act of committing the ve victims showed intent to kill. His psychotic condition
assist the woman. Anna sustained injuries that would have sexual intercourse with another person. In People of the is not an exempting circumstance of insanity in the absence of
resulted to her death if not for the timely medical assistance. Philippines v. Marciano Gonzales (G.R. No. 46310, October showing that there is a complete deprivation of intelligence in
The resultant deaths of the elderly woman, and the injuries 31, 1939), the Supreme Court held that to avail of the accordance with the cognition test. However, he is immune
sustained by Anna are absorbed in the complex crime of privilege under Art. 247, the accused should surprise his wife from criminal prosecution. Since the position of Volvik as
robbery with homicide against Jorge and Javier. in the “very act if sexual intercourse”. charges de a aires is diplomatic, he is vested with blanket
diplomatic immunity from criminal suit (Minucher v. Hon.
In all, Javier and Jorge should be charged with the complex Sexual intercourse generally presupposes the penetration of
crime of robbery with homicide. the man’s sexual organ into that of a woman’s. In this case, the CA, G.R. No. 142396, February 11, 2003).
paramour was of the same gender as the erring spouse. As
(2016) IV. Jojo and Felipa are husband and wife. Believing such, there is legally, no sexual intercourse to speak of, hence,
(2015) IV. Procopio, a call center agent assigned at a graveyard
that his work as a lawyer is su cient to provide for the needs Art. 247 is not applicable.
shift, went home earlier than usual. He proceeded immediately
of their family, Jojo convinced Felipa to be a stay-at-home to their bedroom to change his clothes. To his surprise, he
mom and care for their children. One day, Jojo arrived home (2016) VIII. Charges d'a aires Volvik of Latvia su ers from a found his wife Bionci in bed making love to another woman
earlier than usual and caught Felipa in the act of having sexual psychotic disorder after he was almost assassinated in his Magna. Enraged, Procopio grabbed a knife nearby and stabbed
intercourse with their female nanny, Alma, in their previous assignment. One day, while shopping in a mall, he Bionci, who died.
matrimonial bed. In a t of rage, Jojo retrieved his revolver saw a group of shoppers whom he thought were the assassins
a) What crime did Procopio commit, and what
from inside the bedroom cabinet and shot Alma, immediately who were out to kill him. He asked for the gun of his escort
circumstance attended the case? Explain. (3%)
killing her. and shot ten (10) people and wounded ve (5) others before
b) Assuming that Procopio and Bionci were
a. Is Art. 247 (death or physical injuries inflicted he was subdued. The wounded persons required more than
common-law spouses, will your answer be the
thirty (30) days of medical treatment.
under exceptional circumstances) of the Revised same? Explain. (2%)
Penal Code (RPC) applicable in this case given What crime or crimes, if any, did he commit? Explain.
that the paramour was of the same gender as the (5%) (A) Procopio committed the crime of Parricide. Art. 246
erring spouse? (2.5%) provides that any person who shall kill his xxx spouse, shall be
b. Is Felipa liable for adultery for having sexual Volvik committed ve frustrated murders for the unwounded guilty of Parricide. Procopio cannot avail Art. 247 (Death or
relations with Alma? (2.5%) victims and ve frustrated murders for the wounded victims. Physical Injuries In icted under Exceptional Circumstances)
Treachery is present since the sudden attack rendered the considering that one of the requisites for its application is the
(A) No. Art. 247 of the Revised Penal Code is not applicable. victims defenseless. The nature of the weapon used in sexual intercourse. Being both women, Bionci and Magna
attacking the victims and extent of the wounds sustained.by cannot perform sexual intercourse. Passion and Obfuscation
Under the Revised Penal Code, for Art. 247 to apply, the
because the impulse was caused by the sudden revelation that on the oor and hit a hard object. (B) Would your answer be the same if, as a result of
her wife was untrue to him and his discovery of her in the mixture, Pula got an upset stomach and had
Likewise, he may also be held liable for Infanticide under
agrante in the arms of another. Article 255. The child was deemed born when he had an to be hospitalized for 10 days?
(B) No, my answer will not be the same. The relationship intra-uterine life of six and a half (6 ½) months and after
between spouses must be valid and legitimate in order to liable having survived thirty-six (36) hours from being expelled from (A) Puti committed an impossible crime of murder. Puti with
for Parricide. In such a case, Procopio will be liable for the mother’s womb. intent to kill Pula unknowingly employed ine ectual means to
Homicide with the presence of a mitigating circumstance of accomplish the intended felony, that is, using a non-toxic
Considering that these two crimes were committed by a single solution.
Passion and Obfuscation.
act that constitutes two grave felonies, a complex crime of
Parricide with Infanticide is, therefore, committed. (B) No. If as a result of the mixture administered by Puti, Pula
(2015) XVII. After a heated argument over his philandering, su ered an upset stomach and had to be hospitalized for 10
(B) The answer will be di erent. Higino will then be liable for days, Puti shall be liable for less serious physical injuries. The
Higino punched on the head his wife Aika, who was six and a
complex crime of Parricide with Unintentional Abortion.
half months pregnant. Because of the impact, Aika lost her rule is, in impossible crime the act performed should not
balance, fell on the oor with her head hitting a hard object. When Higino killed his wife he committed Parricide under constitute a violation of another provision of the Revised
Aika died and the child was expelled prematurely. After Article 246 of the Revised Penal Code. Since the unborn baby Penal Code.
thirty-six hours, the child died. of Aika died in the process of violence, but Higino had no
intention to cause abortion, the latter committed (2010) X. A, B and C are members of SFC Fraternity. While
a) What crime(s) did Higino commit? Explain.
unintentional abortion under Article 257. In as much as the eating in a seaside restaurant, they were attacked by X, Y and
(2.5%)
single act of Higino produced two grave or less grave felonies, Z, members of a rival fraternity. A rumble ensued in which the
b) Assuming that when the incident occurred, Aika
the act falls under Article 48 as complex crime. abovenamed members of the two fraternities assaulted each
was only six months pregnant, and when she
died, the fetus inside her womb also died, will other in a confused and tumultuous manner resulting in the
your answer be different? Explain. (2.5%) (2014) XIII. Puti detested Pula, his roommate, because Pula death of A. As it cannot be ascertained who actually killed A,
was courting Ganda, whom Puti fancied. One day, Puti the members of the two fraternities who took part in the
decided to teach Pula a lesson and went to a veterinarian (Vet) rumble were charged for death caused in a tumultuous a ray.
(A) Higino committed the complex crime of Parricide with
Infanticide. to ask for poison on the pretext that he was going to kill a sick Will the charge prosper? Explain. (4%)
pet, when actually Puti was intending to poison Pula.
The o ender committed the crime of Parricide for killing his
spouse as provided under Article 246 of the Revised Penal The Vet instantly gave Puti a non-toxic solution which, when No, the charge of death caused in a tumultuous a ray will not
mixed with Pula’s food, did not kill Pula. (4%) prosper. In death caused by tumultuous a ray under Art. 251
Code in relation to Article 4(1). His act of punching Aika’s
head was the proximate cause of the death when the victim fell (A) What crime, if any, did Puti commit? of the Revised Penal Code, it is essential that the persons
involved did not compose groups organized for the common against persons, had it not been for the employment of a condition and, instead, went home to Cebu to conceal her
purpose of assaulting and attacking each other reciprocally. means which, unknown to him, is ine ectual (Art. 4, par. 2, shame. However, her parents drove her away. So, she returned
In this case, there is no tumultuous a ray since the RPC). to Manila and stayed with Oniok in his boarding house. Upon
participants in the rumble belong to organized fraternities. learning of her pregnancy, already in an advanced state, Oniok
(B) No, the answer would not be the same. Charlie would be
The killer of A, a member of SFC Fraternity could not be any criminally liable for less serious physical injuries because his act tried to persuade her to undergo an abortion, but she refused.
other but member of the rival fraternity. Conspiracy is of mixing the powder with Brad‟s food was done with Because of their constant and bitter quarrels, she su ered birth
therefore present among the attackers form the rival fraternity felonious intent and was the proximate cause of Brad‟s illness pangs and gave birth prematurely to a live baby girl while
and thus rules out the idea of an a ray. The liability of the for 10 days. It cannot constitute attempted murder, although Oniok was at his place of work. Upon coming home and
attackers should be collective for the crime of homicide or done with intent to kill, because the means employed is learning what happened, he prevailed upon Ana to conceal her
murder as the case may be. inherently ine ectual to cause death and the crime committed dishonor. Hence, they placed the infant in a shoe box and
must be directly linked to the means employed, not to the threw it into a nearby creek. However, an inquisitive neighbor
intent. Liability for an impossible crime can only arise from a saw them and with the help of others, retrieved the infant who
(2009) IV. Charlie hated his classmate, Brad, because the
consummated act. was already dead from drowning. The incident was reported
latter was assiduously courting Lily, Charlie’s girlfriend.
to the police who arrested Ana and Oniok. The 2 were charged
Charlie went to a veterinarian and asked for some poison on
with parricide under Article 246 of the Revised Penal Code.
the pretext that it would be used to kill a very sick, old dog. (2008) VIII. Francis and Joan were sweethearts, but their
After trial, they were convicted of the crime charged.
Actually, Charlie intended to use the poison on Brad. parents had objected to their relationship because they were
rst cousins. They forged a pact in writing to commit suicide. Was the conviction correct? 5%
The veterinarian mistakenly gave Charlie a non-toxic powder
which, when mixed with Brad’s food, did not kill Brad. The agreement was shoot each other in the head which they
did. Joan died. Due to medical assistance, Francis survived. The conviction of Ana and Oniok is not correct. They are
a. Did Charlie commit any crime? If so, what and liable for infanticide because they killed a child less than three
why? If not, why not? (3%) Is Francis criminally liable for the death of Joan?
days of age (Art. 255, Revised Penal Code).
Explain. (5%)
b. Would your answer be the same if Brad proved
to be allergic to the powder, and after ingesting (2005) VI. Candido stabbed an innocent bystander who
it with his food, fell ill and was hospitalized for Yes. Francis is criminally liable for assisting in the suicide of
Joan, as evidenced by their written pact (Art. 253, RPC) accidentally bumped him. The innocent bystander died as a
ten (10) days? Explain. (3%)
result of the stabbing. Candido was arrested and was tested to
be positive for the use of “shabu” at the time he committed the
(A) Charlie committed an impossible crime of murder. His act (2006) XI. Ana has been a bar girl/GRO at a beer house for
stabbing.
of mixing the nontoxic powder with Brad‟s food, done with more than 2 years. She fell in love with Oniok, the bartender,
intent to kill, would have constituted murder which is a crime who impregnated her. But Ana did not inform him about her What should be the proper charge against Candido?
Explain. (3%) (A) No. A person who commits acts penalized under Article president of a highly pro table company.
247 of the Revised Penal Code for death or serious physical Did the husband commit any crime? Explain briefly.
The killing was not attended by any of the qualifying injuries in icted under exceptional circumstances is still
circumstances enumerated under Article 248 of the Revised criminally liable. However, this is merely an exempting Yes, the husband committed Economic Abuse punishable
Penal Code. The killing, however, constitutes murder because circumstance when the victim su ers any other kind of under RA 9262.
the commission of a crime under the in uence of prohibited physical injury. In the case at bar, Pete will su er the penalty of
drugs is a qualifying, aggravating circumstance. (Sec. 25, R.A. Economic abuse refers to acts that make or attempt to make a
destierro for the death of Benjie.
No. 9165) woman nancially dependent which includes withdrawal of
(B) In the case of People v. Abarca, G.R. No. 74433, nancial support.
September 14, 1987, the Court ruled that Article 247 does not
(2005) VIII. Pete, a security guard, arrived home late one Here, the act of the husband in ceasing to provide for his
de ne a felony. However, it went on to state that the penalty is
night after rendering overtime. He was shocked to see Flor, his child's tuition and his wife's support is Economic abuse
merely banishment of the accused, intended for his protection.
wife, and Benjie, his best friend, completely naked having punished under RA 9262.
Punishment, therefore, is not in icted on the accused.
sexual intercourse. Pete pulled out his service gun and shot and
killed Benjie. Pete was charged with murder for the death of (C) Yes, because the privilege de ned under this Article (2018) XVI. For the past ve years, Ruben and Rorie had
Benjie. Pete contended that he acted in defense of his honor exempts the o ender from criminal liability but not from civil been living together as husband and wife without the bene t
and that, therefore, he should be acquitted of the crime. The liability. (People v. Abarca, G.R, No. L-74483, September 14, of marriage. Initially, they had a happy relationship which was
court found that Benjie died under exceptional circumstances 1987; Art. 12, Revised Penal Code) blessed with a daughter, Rona, who was born on March 1,
and exonerated Pete of the crime, but sentenced him to 2014. However, the partners' relationship became sour when
destierro, conformably with Article 247 of the Revised Penal Anti-Violence Against Women and Their Children Ruben began indulging in vices, such as women and alcohol,
Code. The court also ordered Pete to pay indemnity to the Act of 2004 causing frequent arguments between them. Their relationship
heirs of the victim in the amount of P50,000.00. RA 9262 got worse when, even for slight mistakes, Ruben would lay his
a) Is the defense of Pete meritorious? Explain. hands on Rorie. One day, a tipsy Ruben barged into their
b) Under Article 247 of the Revised Penal Code, is (2021) 6. An estranged married couple decided to separate. house and, for no reason, repeatedly punched Rorie in the
destierro a penalty? Explain. As part of their amicable settlement, they agreed to ask their stomach. To avoid further harm, Rorie ran out of the house.
c) Did the court correctly order Pete to pay 14-year-old child to choose a parent with whom to live. But Ruben pursued her and stripped her naked in full view of
indemnity despite his exoneration under Article their neighbors; and then he vanished.
The child chose the mother.
247 of the Revised Penal Code? Explain. (5%) Ten days later, Ruben came back to Rorie and pleaded for
Displeased, the husband ceased providing for the child's
forgiveness. However, Rorie expressed her wish to live
tuition and the wife's support. The husband was a vice
separately from Ruben and asked him to continue providing de ned in Article 73 of the Family Code. so-called “cycle of violence,” which has three phases: (1) the
nancial support for their daughter Rona. At that time, tension-building phase; (2) the acute battering incident; and
Ruben was earning enough to support a family. He threatened (2016) XIX. Romeo and Julia have been married for twelve (3) the tranquil, loving (or, at least, nonviolent) phase. During
to withdraw the support he was giving to Rona unless Rorie (12) years and had two (2) children. The rst few years of their the tension-building phase, minor battering occurs-it could be
would agree to live with him again. But Rorie was steadfast in marriage went along smoothly. However, on the fth year verbal or slight physical abuse or another form of hostile
refusing to live with Ruben again, and insisted on her demand onwards, they would often quarrel when Romeo comes home behavior. The woman tries to pacify the batterer through a
for support for Rona. As the ex-lovers could not reach an drunk. The quarrels became increasingly violent, marked by kind, nurturing behavior; or by simply staying out of his way.
agreement, no further support was given by Ruben. quiet periods when Julia would leave the conjugal dwelling. The acute battering incident is characterized by brutality,
What crimes did Ruben commit: During these times of quiet, Romeo would "court" Julia with destructiveness and, sometimes, death. The battered woman
owers and chocolate and convince her to return home, telling deems this incident as unpredictable, yet also inevitable.
(a) For beating and humiliating Rorie? (2.5%) During this phase, she has no control; only the batterer may
her that he could not live without her; or Romeo would ask
(b) For withdrawing support for Rona? (2.5%) put an end to the violence. The nal phase of the cycle of
Julia to forgive him, which she did, believing that if she
humbled herself, Romeo would change. After a month of violence begins when the acute battering incident ends.
(A) For beating and humiliating Rorie, such acts violate Ra During this tranquil period, the couple experience profound
marital bliss, Romeo would return to his drinking habit and
9262, known as the "Anti-Violence Against Women and Their relief.
the quarrel would start again, verbally at rst, until it would
Children Act of 2004,” particularly section 3 (a) thereof under
escalate to physical violence. (B) Yes. Under Section 3 (c) of RA NO. 9262, “Battered
"Physical Violence" referring to acts that include bodily or
One night, Romeo came home drunk and went straight to Woman Syndrome” refers to a scienti cally de ned pattern of
physical harm against a woman with whom the person has or
bed. Fearing the onset of another violent ght, Julia stabbed psychological and behavioral symptoms found in women
had a sexual or dating relationship.
Romeo while he was asleep. A week later, their neighbors living in battering relationships as a result of “cumulative
(B) For withdrawing support for Rona, such act is a violation abuse”. Under Section 3 (b), “Battery” refers to an act of
discovered Romeo's rotting corpse on the marital bed. Julia
of RA 9262, section 3 (d), which reads: in icting physical harm upon the woman or her child
and the children were nowhere to be found. Julia was charged
"Economic abuse" refers to acts that make or attempt to make with parricide. She asserted "battered woman's syndrome" as resulting in physical and psychological or emotional distress
a woman nancially dependent which includes, but is not her defense. (Section 3). In sum, the defense of Battered Woman Syndrome
limited to the following: can be invoked if the woman in marital relationship with the
a. Explain the "cycle of violence." (2.5%)
victim is subjected to cumulative abuse or battery involving
1. Withdrawal of nancial support or preventing the victim b. Is Julia's "battered woman's syndrome" defense
the in iction of physical harm resulting to the physical and
from engaging in any legitimate profession, occupation, meritorious? Explain. (2.5%)
psychological or emotional distress. Cumulative means
business or activity, except in cases wherein the other
resulting from successive addition. In sum, there must be “at
spouse/partner objects on valid, serious and moral grounds as (A) The battered woman syndrome is characterized by the
least two battering episodes” between the accused and her
intimate partner and such nal episode produced in the Woman Syndrome to free herself from criminal Syndrome if the third phase of tranquil period is present too.
battered person’s mind an actual fear of an imminent harm liability? Explain. (2.5%) It is a settled principle that for the Battered Woman Syndrome
from her batterer and an honest belief that she needed to use b) Will your answer be the same, assuming that to be successfully invoked, there should at least be two (2)
force in order to save her life (People v. Genosa, G.R. No. Talia killed Dion after being beaten up after a cycles of violence.
135981, January 15, 2004). In this case, because of the second time? Explain. (2.5%)
Applying the said principle in the case at bar, if after she was
battering episodes, Julia, feared the onset of another violent beaten the second time, Dion again promised not to beat up
ght and honestly believed the need to defend herself even if (A) No, Talia cannot invoke the Battered Women Syndrome Talia or had showed a tender, nurturing behavior towards her
Romeo had not commenced an unlawful aggression. Even in to free herself from criminal liability. The Supreme Court in before he was killed, she will be justi ed in killing her husband
the absence of unlawful aggression, however, Battered Woman the case of People vs Genosa (G.R. No. 135981) ruled that for . In this case, the requirement of a tranquil- loving phase will
Syndrome is a defense. Under Section 27 of RA No. 9262, Battered Woman Syndrome to be successfully invoke as a now be present and therefore, the second cycle of violence will
Battered Woman Syndrome is a defense notwithstanding the defense, there must be at least two (2) cycles of violence. Each be complete.
absence of any of the elements for justifying circumstances of cycle must undergo three (3) phases which consist of (a)
self-defense under the Revised Penal Code such as unlawful tension-building phase; (b) acute battering incident; (c) Otherwise, the answer will still be the same and she will still be
aggression (Section 26 of RA No. 9262). criminally liable.
tranquil loving phase. At tension building phase, this is where
the minor battering occurs - verbal or physical abuse or other
(2015) V. Dion and Talia were spouses. Dion always came form of hostile behavior. The acute battering incident is said (2014) I. Ms. A had been married to Mr. B for 10 years. Since
home drunk since he lost his job a couple of months ago. Talia to be characterized by brutality, destructiveness and, their marriage, Mr. B had been jobless and a drunkard,
had gotten used to the verbal abuse from Dion. One night, in sometimes, death. The nal phase of the cycle of violence preferring to stay with his "barkadas" until the wee hours of
addition to the usual verbal abuse, Dion beat up Talia. The begins when the acute battering incident ends. During this the morning. Ms. A was the breadwinner and attended to the
next morning, Dion saw the injury that he had in icted upon period, the couple experience profound relief. Indeed, the needs of their three (3) growing children. Many times, when
Talia and promised her that he would stop drinking and never batterer may show tender, nurturing behavior toward his Mr. B was drunk, he would beat Ms. A and their three (3)
beat her again. However, Dion did not make good on his partner. children, and shout invectives against them. In fact, in one of
promise. Just after one week, he started drinking again. Talia the beating incidents, Ms. A su ered a deep stab wound on
In the case at bar, there is only one (1) complete cycle that is
once more endured the usual verbal abuse. Afraid that he her tummy that required a prolonged stay in the hospital. Due
present. There was no showing of another acute battering
might beat her up again, Talia stabbed Dion with a kitchen to the beatings and verbal abuses committed against her, she
phase as well as tranquil phase after the rst cycle. Merely
knife while he was passed out from imbibing too much consulted a psychologist several times, as she was slowly
verbal abuse does not qualify as acute battering phase, thus,
alcohol. Talia was charged with the crime of parricide. beginning to lose her mind. One night, when Mr. B arrived
Talia cannot invoke the Battered Woman Syndrome.
dead drunk, he suddenly stabbed Ms. A several times while
a) May Talia invoke the defense of Battered (B) It depends. Talia may invoke the Battered Woman shouting invectives against her. Defending herself from the
attack, Ms. A grappled for the possession of a knife and she confectioneries. Two days later, Jill returned home and
Madame X committed the crime of Lascivious conduct under
succeeded. She then stabbed Mr. B several times which caused decided to give Jack another chance. After several days,
Sec 5(b) of RA 7610.
his instantaneous death. Medico-Legal Report showed that the however, Jack again came home drunk. The following day, he
husband su ered three (3) stab wounds. was found dead. The case of People v. Tulagan has clari ed that if the victim is
12 years old and under 18 years old, the nomenclature of the
Can Ms. A validly put up a defense? Explain. (5%) Jill was charged with parricide but raised the defense of crime should be "Lascivious Conduct under Section 5(b) of
"battered woman syndrome." R.A. No. 7610" with the imposable penalty of reclusion
Yes, Ms. A can put up the defense of battered woman Would the defense prosper despite the absence of any of temporal in its medium period to reclusion perpetua.
syndrome. It appears that she is su ering from physical and the elements for justifying circumstances of self-defense
psychological or emotional distress resulting from cumulative Here, Madame X committed lascivious conduct by
under the Revised Penal Code? Explain. (2%)
abuse by her husband. Under Section 26 of RA No. 9262, performing oral sex on Zia who is between 12 and 18 years of
“victim survivors who are found by the courts to be su ering age. She therefore committed lascivious conduct under Sec
Yes, Section 26 of Rep. Act No. 9262 provides that 5(b) of RA 7610.
from battered woman syndrome do not incur any criminal victim-survivors who are found by the courts to be su ering
and civil liability notwithstanding the absence of any of the from battered woman syndrome do not incur any criminal
elements for justifying circumstances of self-defense under the (2018) XVIII. Mrs. Robinson is a teacher at an elementary
and civil liability notwithstanding the absence of any of the
Revised Penal Code.” As a rule, once the unlawful aggression school. In one of her classes, she found, to her consternation,
elements for justifying circumstances of self-defense under the
ceased, stabbing the victim further is not self-defense. that an 8-year old Richard was always the cause of distraction,
Revised Penal Code.
However, even if the element of unlawful aggression in as he was fond of bullying classmates smaller in size than him.
self-defense is lacking, Ms. A, who is su ering from battered One morning, Reymart, a 7-year old pupil, cried loudly and
Special Protection of Children Against Child
woman syndrome, will not incur criminal and civil liability. complained to Mrs. Robinson that Richard had boxed him on
Abuse, Exploitation, and Discrimination Act
the ear. Confronted by Mrs. Robinson about Reymart's
RA 7610, as amended
(2010) XIX. Jack and Jill have been married for seven years. accusation, Richard sheepishly admitted the same. Because of
One night, Jack came home drunk. Finding no food on the this, Mrs. Robinson ordered Richard to lie face down on a
(2022) 9. Madame X, with the promise of money, and
table, Jack started hitting Jill only to apologize the following desk during class. After Richard obliged, Mrs. Robinson hit
without the use of force, intimidation, or threat, enticed Zia, a
day. him ten (10) times on the legs with a ruler and pinched his
15-year-old, to engage in oral sex by allowing Madame X to
ears. Richard ran home and reported to his mother what he
A week later, the same episode occurred – Jack came home lick Zia’s vagina. Zia consented because she needed the money.
drunk and started hitting Jill. had su ered at the hands of Mrs. Robinson. When Richard's
What crime, if any, was committed by Madame X? parents went to Mrs. Robinson to complain, she interposed
Fearing for her life, Jill left and stayed with her sister. To woo Explain briefly. the defense that she merely performed her duty as a teacher to
Jill back, Jack sent her oral arrangements of spotted lilies and
discipline erring pupils. Child Abuse, Exploitation and Discrimination Act), accusing (2014) X. Loko advertised on the internet that he was looking
him of having in his company a minor, who is not related to for commercial models for a TV advertisement. Ganda, a
Richard's parents ask your advice on what actions can be
instituted against Mrs. Robinson for acts committed on their him, in a public place. It was established that Arnold was not 16-year-old beauty, applied for the project. Loko o ered her a
in the performance of a social, moral and legal duty at that contract, which Ganda signed. She was asked to report to an
minor child.
time. address which turned out to be a high-end brothel. Ganda
(a) May Mrs. Robinson be charged with child abuse became one of its most featured attraction.
OR slight physical injuries? (2.5%) Is Arnold liable for the charge? Explain. (5%)
(b) May Mrs. Robinson be charged with child abuse What is Loko’s liability, if any? What effect would
AND slight physical injuries? (2.5%) No, Arnold is not liable. Under Section 10 of RA No. 7610, Ganda’s minority have on Loko’s liability? (4%)
any person who shall keep or have in his company a minor,
twelve (12) years or under or who in ten (10) years or more his Loko may be held liable for the crime of tra cking in persons
(A) Yes, Mrs. Robinson can be charged with either child
abuse under R.A. 7610 R.A. 7610 or slight physical injuries if junior in any public or private place, hotel, motel, beer joint, under R.A. No. 9208 for recruiting, o ering and hiring Ganda
the injuries in icted constitute slight physical injuries. discotheque, cabaret, pension house, sauna or massage parlor, by means of fraud or deception for the purpose of exploitation
beach and/or other tourist resort or similar places is liable for or prostitution. Loko .recruited Ganda in the guise of making
In other words, Richard’s parents was choose to prosecute child abuse. her a commercial model, the deceit that Loko employed in
Mrs. Robinson under the Revised Penal Code or R.A. 7610. I order to recruit Ganda for the purpose of prostitution making
will advise them to consider R.A. 7610 as there was no Arnold is not liable for the charge. To be held liable under
him liable for tra cking in persons.
showing of the extent of the physical injuries in icted. Section 10 (6) of RA No. 7610, it is indispensable that the
child in the company of the o ender must be 12 years or Ganda’s minority is a qualifying circumstance. The criminal
(B) No, Mrs. Robinson cannot be charged with both of child under or who in 10 years or more his junior in a public place. liability or the penalty for the tra cker is higher when the
abuse and slight physical injuries, because the latter is deemed In this case, Leilani is 17 years of age, and only 8 years younger crime committed is quali ed tra cking in person.
absorbed in the charge of child abuse. than Arnold.
Moreover, Leilani sat beside Arnold without his permission, (2005) XI. On July 1, 2004, Jet Matulis, a pedophile, gave
(2016) XII. Arnold, 25 years of age, was sitting on a bench in P1,000.00 to Sherly, an orphan and a prostitute, and brought
hence, he is not in the company of a child in a public place.
Luneta Park watching the statue of Jose Rizal when, without her to a motel. He inserted a rusty and oversized vibrator into
his permission, Leilani, 17 years of age, sat beside him and Lastly, applying the ejusdem generis principle, Arnold is not
her vagina with such force that she bled profusely. Jet panicked
asked for nancial assistance, allegedly for payment of her liable for child abuse because Luneta is not a place similar to
and ed. Sherly was brought to the hospital and died a few
tuition fee, in exchange for sex. While they were conversing, hotel, motel, beer joint, discotheque, cabaret, pension house,
days later because of shock caused by hemorrhage.
police operatives arrested and charged him with violation of sauna or massage parlor, beach and/or other tourist resort.
a) What crime or crimes did Jet Matulis commit?
Section 10 of RA 7610 (Special Protection of Children against
Explain.
b) If Sherly were a minor when she died, would by deceit because she was misled by her ex-boyfriend who was procurer of a child prostitute.
your answer be the same? Explain. (5%) of a more advanced age than her. The ex-boyfriend therefore
(B) Yes. R.A. No. 7610 covers sexual abuse committed against
committed simple seduction. a child or children below eighteen (18) years of age. Children,
who for money, pro t or any other consideration due to the
(2018) V. With a promise of reward, Robert asked Romy to coercion or in uence of any adult, syndicate or group, indulge
RA 11648 bring him a young girl that he (Robert) can have carnal in sexual intercourse or lascivious conduct, are deemed to be
knowledge with. Romy agreed, seized an eight-year old girl and children exploited in prostitution and other sexual abuse.
Amendment on Rape brought her to Robert. After receiving his reward, Romy left Robert and Romy may be prosecuted under the said law.
while Robert proceeded to have carnal knowledge with the
(2021) 1. Interviewed for a newspaper, a former beauty queen girl.
(2017) VI. Answer with brief explanations the following
revealed that when she was 16 years old, she had her rst sexual (a) For what felony may Robert and Romy be queries:
intercourse with her ex-boyfriend, who was then 28 years old. charged? (2.5%) (a) If the slightest penetration of the female
In her narration, she said that she did not know what she was (b) Will your answer in (a) be the same if the victim
genitalia consummates rape by carnal
doing and noted that her ex-boyfriend of a more advanced age is a 15-year old lass who was enticed, through knowledge, how does the accused commit
misled her to doing what he wanted. She added that, at certain cunning and deceit of Romy, to voluntarily go to attempted rape by carnal knowledge? (2%)
points during the encounter, she repeatedly said no but her the house of Robert where the latter subsequently (b) What crime is committed by a capataz who
ex-boyfriend was just too strong for her. had carnal knowledge with her? (2.5%)
enrolls two fictitious names in the payroll and
The ex-boyfriend left her shortly thereafter. collects their supposed daily wages every payday?
(A) Robert may be charged with the crime of Child (2%)
Was there a crime committed by the ex-boyfriend? Prostitution or other sexual abuse under Section 5(b) of R.A. (c) What is now the age of doli incapax in the
Explain briefly. No. 7610 (the Special Protection of Children Against Child Philippines? (2%)
Abuse, Exploitation and Discrimination Act) by having sexual (d) Why is there no crime of frustrated serious
The ex-boyfriend committed the crime of Simple Seduction. intercourse with a child exploited in prostitution. Because the physical injuries? (2%)
Under the RPC, as amended, simple seduction is committed victim was under 12 years of age, (in this case, 8 years), Robert
when the o ended party is 16 and over, but under 18; o ender shall be prosecuted under Article 266-A and 266-B of the
(A) To be held liable for attempted rape by carnal knowledge,
has carnal knowledge with o ended party by means of deceit. Revised Penal Code. Romy, on the other hand, may be
the penis of the accused must not touch the labia of the
charged with the crime of Child Prostitution or other sexual pudendum of the victim but his acts must be committed with
Here the ex-boyfriend had carnal knowledge with the former
abuse under Section 5(a) of R.A. No. 7610 by acting as
beauty queen when the latter was 16 years old. This was done clear intention to have sexual intercourse. Intent to have sexual
intercourse is present if it is shown that the erectile penis of knife and threatened her with harm unless she submitted to and the victim is under 12 years of age, Braulio shall be
the accused is in the position to penetrate (Cruz y People GR his desires. He was touching her chest and sex organ when his prosecuted for acts of lasciviousness under Revised Penal
No. 166441, October 08, 2014) or the accused actually wife caught him in the act. The prosecutor is unsure whether Code but the penalty imposable is that prescribed by RA No.
commenced to force his penis into the victim’s sexual organ to charge Braulio for acts of lasciviousness under Art. 336 of 7610 (Amployo v. People, G.R. No. 157718, April 26, 2005).
(People vs Banzuela, G.R. No. 202060, December 11, 2013). the RPC; for lascivious conduct under RA 7610 (Special
Under Section 5 (6) of RA No: 7610, when the victim (child
In the o ender touches – the body of the victim through Protection against Child Abuse, Exploitation and subjected to sexual abuse) is under 12 years of age, the
force, with lewd design but without clear intention to have Discrimination Act); or for rape under Art. 266-A of the perpetrators shall be prosecuted (for acts of lasciviousness)
sexual intercourse, the crime committed is acts of RPC. under Article 336 of the Revised Penal Code: Provided, That
lasciviousness (People x Sanico, GiR No. 208469, August 13, What is the crime committed? Explain. (5%) the penalty for lascivious conduct when the victim is under 12
2014). years of age shall be reclusion temporal in its medium period.
(B) The crime committed is Estafa through Falsi cación of The acts of Braulio of touching the chest and sex organ of
Public Documents. A capataz is a foreman for the government Lulu, who is under 12 years of age, are merely acts of (2015) XXII. Charlie was charged for the quali ed rape of
and since the falsi cation of the public document is lasciviousness and not attempted rape because intent to have AAA. The Information alleged that AAA was 14 years old at
committed as a means to commit estafa, the proper charge is sexual intercourse is not clearly shown (People v. Banzuela, the time the crime was committed and that Charlie was AAA's
estafa through falsi cation of public documents. G.R. No. 202060, December 11, 2013). To be held liable of stepfather. The presentation of AAA's birth certi cate during
(C) If the accused is 15 years of age or below minority is an attempted rape, it must be shown that the erectile penis is in the trial duly established the following:
exempting circumstance (Section 6 of RA No. 9344), With or the position to penetrate (Cruz v. People, G.R. No. 166441,
(1) that AAA was indeed 14 years old at the time of the
without discernment, the accused of such age is exempt from October 8, 2014) or the o ender actually commenced to force
rape; and
criminal liability. Lack of discernment is conclusively his penis into the victim’s sexual organ (People v. Banzuela,
supra). (2) that AAA's mother is BBB and her father was the late
presumed. Hence the age of doli incapax in the Philippines is
CCC.
now 15 years of age or under. The same acts of touching the chest and sex organ of Lulu
under psychological coercion or in uence of her stepfather, BBB and Charlie only became live-in partners after CCC's
(D) According to Justice Regalado; the crime of physical
Braulio, constitutes sexual abuse under Section 5 (b) of RA death. The RTC found Charlie guilty of quali ed rape. On
injuries is a formal crime since a single act consummates it as a
No. 7610 (People v. Opiana, G.R. No. 133922, February 12, appeal, the Court of Appeals convicted Charlie of simple rape.
matter of law, hence, it has no attempted or frustrated stage.
2001), Charlie appealed before the Supreme Court.
Once the injuries are in icted, the o ense is consummated.
Since the requisites for acts of lasciviousness under Article 336 How will you rule and why? (3%)
(2016) XVII. Braulio invited Lulu, his 11-year old of the Revised Penal Code are met, in addition to the
stepdaughter, inside the master bedroom. He pulled out a requisites for sexual abuse under Section 5 of RA No. 7610, It is humbly submitted that the ruling of the Court of Appeal
must be reversed. Under Article 2660 - B of the Revised Penal one deprives the liberty of another. Taking advantage of the defenseless condition of the victim by
Code, a crime of rape is quali ed when the victim is under
Here, the accused deprived the liberty of the judge's daughter reason of his tender age in killing him is treachery (People v.
eighteen (18) years of age and the o ender is a parent, to compel the judge to do something against his will. The Fallorina, G.R. No. 137347, March 4, 2004). She is not liable
ascendant, step-parent, guardian, relative by consanguinity or accused therefore committed Grave Coercion through Serious for kidnapping with murder, the essence of which is the actual
a nity within the third civil degree, or the common-law
Illegal Detention. con nement or restraint of the victim or the deprivation of his
spouse of the parent of the victim. liberty. In this case, the victim was not deprived of liberty since
In this case, the information contains that AAA is only 14 (2016) XVIII. Lina worked as a housemaid and yaya of the he immediately died. The demand for ransom did not convert
years old when the crime of rape is committed and that one-week old son of the spouses John and Joana. When Lina the o ense into kidnapping with murder.
Charlie, the o ender, is a common- law spouse of AAA’s learned that her 70-year old mother was seriously ill, she asked The defendant was well aware that the child would be
mother. Thus, Charlie must be convicted of quali ed rape and John for a cash advance of P20,000.00, but the latter refused. su ocated to death in a few moments after she left: The
not of simple rape. In anger, Lina gagged the mouth of the child with stockings, demand for ransom is only a part of the diabolic scheme of the
placed him in a box, sealed it with masking tape, and placed defendant to murder the child, to conceal his body and then
Crimes Against Personal Liberty and the box in the attic. Lina then left the house and asked her demand money before the discovery of the cadaver (People v.
Security friend Fely to demand a P20,000.00 ransom for the release of Lora; supra). Fely is not liable for murder as principal or
the spouses' child to be paid within twenty-four hours. The accomplice.
(2021) 3. The accused in a pending case forcibly snatched the spouses did not pay the ransom. After a couple of days, John
Since Fely did not participate in the actual killing of the child,
daughter of a judge and kept her in an undisclosed location. discovered the box in the attic with his child already dead.
she can only be held liable for murder as principal or
The accused then called to tell the judge that the daughter According to the autopsy report, the child died of
accomplice on the basis of conspiracy or community of design.
would only be released if the judge would acquit the accused asphyxiation barely minutes after the box was sealed.
But in this case, there is neither conspiracy nor community of
in the pending case. What crime or crimes, if any, did Lina and Fely design to commit murder since her criminal intention pertains
Did the accused commit a crime with these acts? Explain commit? Explain. (5%) to kidnapping for ransom. Moreover, her participation of
briefly. demanding ransom for the release of the child is not
Lina is liable for murder. Gagging the mouth of the child with connected to murder Neither is Fely liable for kidnapping for
Yes, the accused committed the complex crime of Grave stockings, placing him in a box, sealing it with masking tape, ransom. Her criminal mind to assist Lina in committing
Coercion through Serious Illegal Detention. and placed the box in the attic were only methods employed by kidnapping for ransom is not constitutive of a felony. Mens rea
the defendant in committing : murder quali ed by the without actus reus is not a crime.
Grave coercion is committed when a person is compelled to do
circumstance of treachery (People v. Lora, G.R. No. L-49430,
something against his will, through violence, threats or
March 30, 1982). (2016) XI. Angelino, a Filipino, is a transgender who
intimidation. Serious Illegal Detention is committed when
underwent gender reassignment and had implants in di erent ori ce, hence, this act constitutes acts of lasciviousness under Even before the rapsom note was received, the crime of
parts of her body. She changed her name to Angelina and was Article 336. Since the acts of lasciviousness is committed by kidnapping with serious illegal detention had already been
a nalist in the Miss Gay International. She came back to the reason or occasion of kidnapping, it will be integrated into one committed. The act cannot be considered an impossible crime
Philippines and while she was walking outside her home, she and indivisible felony of kidnapping with homicide (People v. because there was no inherent improbability of its
was abducted by Max and Razzy who took her to a house in De Leon, G.R. No. 179943, June 26, 2009; People v. Jugueta, accomplishment or the employment of inadequate or
the province. She was then placed in a room and Razzy forced G.R. No. 202124, April 05, 2016; People v. Laog, G.R. No. ine ectual means. The delivery of the ransom note after the
her to have sex with him at knife's point. After the act, it 178321, October 5, 2011; People v. Larronaga, G.R. Nos. rescue of the victim did not extinguish the o ense, which had
dawned upon Razzy that Angelina is actually a male. Incensed, 138874-75, February 3, 2004). already been consummated when Enrique deprived Carla of
Razzy called Max to help him beat Angelina. The beatings that her liberty. The sending of the ransom note would have had
Max is liable for kidnapping with homicide as an accomplice
Angelina received eventually caused her death. the e ect only of increasing the penalty to death under the last
since he concurred in the criminal design of Razzy in
paragraph of Article 267 (People v. Tan, G.R. No. 95322,
What crime or crimes, if any, were committed? Explain. depriving Angelino his liberty and supplied the former
(5%) material aid in an e cacious way by helping him beat the March 1, 1993). Furthermore, kidnapping is a crime against
latter. liberty while in impossible crime it is important that the
accused committed an act that would have been a crime
Razzy is liable for kidnapping with homicide. Abducting
against person or property.
Angelino is not forcible abduction since the victim in this (2014) XXIII. Carla, four (4) years old, was kidnapped by
crime must be a woman. Gender reassignment will not make Enrique, the tricycle driver engaged by her parents to drive her The prosecutor cannot le a case of grave coercion instead,
him a woman within the meaning of Article 342 of the to and from school every day. Enrique wrote a ransom note since as discussed above the crime committed by Enrique is
Revised Penal Code. demanding that Carla’s parents pay him P500,000.00 ransom kidnapping for ransom.
There is no showing, moreover, that at the time abduction is in exchange for her liberty. However, before the ransom note
committed with lewd design; hence, his abduction constitutes could be received by Carla’s parents, Enrique’s hideout was (2014) XII. Sexy boarded a taxi on her way home from a
illegal detention. Since Angelino was killed in the course of the discovered by the police. Carla was rescued while Enrique was party. Because she was already tipsy, she fell asleep. Pogi, the
detention, the crime constitutes kidnapping and serious illegal arrested. The prosecutor considered that the ransom note was taxi driver, decided to take advantage of the situation and
detention with homicide under Article 267. never received by Carla’s parents and led a case of "Impossible drove Sexy to a deserted place where he raped her for a period
crime to commit kidnapping" against Enrique. of two (2) weeks.
Having sexual intercourse with Angelino is not rape through
sexual inter course since the victim in this crime must be a Is the prosecutor correct? If he is not correct, can he What crime did Pogi commit? (4%)
woman. This act is not rape through sexual assault, either, instead file a case of grave coercion? (4%)
Razzy did not insert his penis into the anal ori ce or mouth of The crime committed by Pogi is kidnapping and serious illegal
Angelino or an instrument or object into anal ori ce or genital The crime committed by Enrique is kidnapping for ransom. detention with rape. Since Sexy was raped for two weeks, there
was a clear deprivation of liberty, which constitutes the crime market stall and posted this warning: "We have closed this
What crime or crimes, if any, did Virgilio commit?
of kidnapping with serious illegal detention. This crime is portion of the door. Do not open it or else something may
Explain. (5%)
committed when one kidnaps or detains another, or in any happen to you."
other manner deprives her of his liberty and the kidnapping or
The crime committed against Jeremias, the 6 year-old child, is What crime/s did Giovanni commit, if any? Explain
detention has lasted more than three days or the victim is a
Kidnapping with Serious Illegal Detention under Art. 267(4), your answer.
female. Since as a consequence of the detention, the victim is
RPC. The evident criminal intent of the o ender, Virgilio, is
raped, the crime committed is special complex crime of
to lock up the child to demand ransom. Whether or not the Giovanni committed the crime of Unjust Vexation. Unjust
kidnapping with rape. No matter how many rapes had been
ransom was eventually obtained will not a ect the crime vexation includes any human conduct which, although not
committed in the special complex crime of kidnapping with
committed because the demand for ransom is not an element productive of physical or material harm would, however,
rape, the resultant crime is only one kidnapping with rape.
of the crime; it only quali es the penalty to death but the unjustly annoy or vex an innocent person. The act of the
This is because these composite acts are regarded as a single
imposition of the penalty is now prohibited by Rep. Act. No. accused in nailing the barricades with a warning not to open
indivisible o ense as in fact R.A. No. 7659 punishes these acts
9346. the door “or else something will happen to you” does not
with only a single penalty (People v. Mirandilla, Jr., G.R. NO
constitute such a serious threat or intimidation amounting to
July 27, 2011). As to Daday, the nanny of the child who was told to remain in
grave coercion but merely the crime of unjust vexation
the van and take care of the child until the ransom is paid, the
penalized under paragraph 2, Article 287 of the Revised Penal
crime committed is Serious Illegal Detention because the
(2009) IX. Virgilio, armed with a gun, stopped a van along a Code. (People v. Banzon, et.al., G.R. No. L-5388, October 21,
o ended party deprived of liberty is a female (Art. 267, par.4,
major thoroughfare in Manila, pointed the gun at the driver 1969, cited in Reyes Book II, 2006 Ed., p. 605).
RPC).
and shouted: "Tigil! Kidnap ito!"
As to Juanito, the driver of the van who was seriously
Terri ed, the driver, Juanito, stopped the van and allowed (2006) X. Jaime, Andy and Jimmy, laborers in the noodles
intimidated with a gun pointed at him and directed to stop the
Virgilio to board. Inside the van were Jeremias, a 6-year-old factory of Luke Tan, agreed to kill him due to his arrogance
van and allow the gun-man to board the same, and thereafter
child, son of a multi-millionaire, and Daday, the child’s nanny. and miserliness. One afternoon, they seized him and loaded
to drive to a deserted place, the crime committed by Virgilio I
Virgilio told Juanito to drive to a deserted place, and there, him in a taxi driven by Mario. They told Mario they will only
Grave Coercion (Art. 286, RPC) and Slight Illegal Detention
ordered the driver to alight. Before Juanito was allowed to go, teach Luke a lesson in Christian humility. Mario drove them
(Art. 268, RPC) for holding the driver before he was allowed
Virgilio instructed him to tell Jeremias’ parents that unless to a shpond in Navotas where Luke was entrusted to Emil
to go.
they give a ransom of P10-million within two (2) days, and Louie, the shpond caretakers, asking them to hide Luke
Jeremias would be beheaded. Daday was told to remain in the in their shack because he was running from the NBI. The trio
van and take care of Jeremias until the ransom is paid. Virgilio (2007) X. Pinky was a lessee of a market stall owned by then left in Mario's car for Manila where they called up Luke's
then drove the van to his safehouse. Giovanni. When Pinky refused to pay her rental, Giovanni family and threatened them to kill Luke unless they give a
nailed some wooden barricades on one of the sides of the
ransom within 24 hours. Unknown to them, because of a leak, hiding from the NBI (Art. 248, Revised Penal Code). ascendant, guardian or person entrusted with the custody of a
the kidnapping was announced over the radio and TV. Emil minor, shall, against the latter's will, retain in his service (Art.
c) Mario has no liability since he was not aware of the criminal
and Louie heard the broadcast and panicked, especially when intent and design of Jaime, Andy and Jimmy. His act of 273, Revised Penal Code). He can also be liable as an employer
the announcer stated that there is a shoot-to-kill order for the bringing Luke to Navotas for "a lesson in Christian humility" for the employment of a minor below 15 yrs. old, under Sec.
kidnappers. Emil and Louie took Luke to the seashore of 12, Art. 8 of RA. 7610.
does not constitute a crime.
Dagat-dagatan where they smashed his head with a shovel and
(B) Yes. Mang Juan committed the crime of involuntary
buried him in the sand. However, they were seen by a barangay servitude for rendering services under compulsion and
(2006) XVII. Aling Maria received an urgent telephone call
kagawad who arrested them and brought them to the police payment of debts. This is committed by any person who, in
from Junior, her eldest son, asking for P2,000.00 to complete
station. Upon interrogation, they confessed and pointed to order to require or enforce the payment of a debt, shall compel
his semestral tuition fees preparatory to his nal exams in
Jaime, Andy, Jimmy and Mario as those responsible for the the debtor to work for him, against his will, as household
Commerce. Distressed and disturbed, she borrowed money
kidnapping. Later, the 4 were arrested and charged. servant or farm laborer (Art. 274, Revised Penal Code)
from her compadre Mang Juan with the assurance to pay him
What crime or crimes did the 6 suspects commit? 5% within 2 months. Two months lapsed but Aling Maria failed
to settle her obligation. Mang Juan told Aling Maria that she (2005) V. Paz Masipag worked as a housemaid and yaya of the
a) Jaime, Andy and Jimmy committed kidnapping with does not have to pay the loan if she will allow her youngest one-week old son of the spouses Martin and Pops Kuripot.
homicide. The original intention was to demand ransom from 10-year old daughter Annie to work as a housemaid in his When Paz learned that her 70 year-old mother was seriously ill,
the family with the threat of killing. As a consequence of the house for 2 months at P1,000.00 a month. Despite Aling she asked Martin for a cash advance of P1,000.00 but Martin
kidnapping, however, Luke was killed. Thus, the victim was Maria's objection, Mang Juan insisted and brought Annie to refused. One morning, Paz gagged the mouth of Martin’s son
deprived of his freedom and the subsequent killing, though his house to work as a maid. with stockings; placed the child in a box; sealed it with
committed by another person, was a consequence of the masking tape and placed the box in the attic. Later in the
a. Was a crime committed by Mang Juan when he
detention. Hence, this properly quali ed the crime as the afternoon, she demanded P5,000.00 as ransom for the release
brought Annie to his house as maid for the
special complex crime of kidnapping for ransom with of his son. Martin did not pay the ransom. Subsequently, Paz
purpose of repaying her mother's loan? 2.5%
homicide (People v. Mamarion, G.R. No. 137554, October 1, disappeared. After a couple of days, Martin discovered the box
b. If Aling Maria herself was made to work as a
2003; Art. 267, Revised Penal Code). in the attic with his child already dead. According to the
housemaid in Mang Juan's household to pay her
b) Emil and Louie who smashed the head of the victim and loan, did he commit a crime? 2.5% autopsy report, the child died of asphyxiation barely three
buried the latter in the sand committed murder quali ed by minutes after the box was sealed.
treachery or abuse of superior strength. They are not liable for (A) Yes. Mang Juan committed the crime of exploitation of What crime or crimes did Paz commit? Explain. (5%)
kidnapping because they did not conspire, nor are they aware child labor which is committed by any persons who under
of the intention to detain Luke whom they were informed was the pretext of reimbursing himself of a debt incurred by an Paz committed the composite crime of kidnapping with
homicide under Art. 267, RFC as amended by R.A. No. 7659. entities for the purpose of selling these registered domain
Yes, the police o cer committed theft aggravated by him
Under the law, any person who shall detain another or in any names to said personalities and entities in the future. taking advantage of his public position.
manner deprive him of liberty and the victim dies as a
Does Mr. S's "innovative business model" expose him to The crime of theft is committed when one, with intent to
consequence is liable for kidnapping with homicide and shall any criminal liability under the Cybercrime Prevention
be penalized with the maximum penalty. gain, takes the property of another without the latter's
Act of 2012? If so, for what crime? Explain. (2.5%) consent, but without violence against or intimidation of
In this case, notwithstanding the fact that the one-week old persons nor force upon things.
child was merely kept in the attic of his house, gagged with Yes. Mr. S’s “business model” exposes him to liability for
stockings and placed in a box sealed with tape, the deprivation Cyber Squatting under Section 4(a)(6) of the Cybercrime Here, the police o cer pocketed the cellphone of another at
of liberty and the intention to kill becomes apparent. Though Prevention Act of 2012. Cyber Squatting is the acquisition of the course of executing a search warrant despite it not being
it may appear that the means employed by Paz was attended by a domain name over the internet in bad faith to pro t, the subject of the warrant. He also took advantage of his
treachery (killing of an infant), nevertheless, a separate charge position as he committed the act while doing his o cial duty.
mislead, destroy reputation, and deprive others from
of murder will not be proper in view of the amendment. Here, registering the same, if such a domain name is: (i) similar, The police o cer therefore committed theft.
the term "homicide" is used in its generic sense and covers all identical or confusingly similar to an existing trademark
forms of killing whether in the nature of murder or otherwise. registered with the appropriate government agency at the time (2021) 4. One Sunday afternoon, while standing at the corner
It is of no moment that the evidence shows the death of the of the domain name registration; (ii) identical or in any way of C.P. Garcia and Katipunan Avenues, an o -duty police
child took place three minutes after the box was sealed and the similar with the name of a person other than the registrant, in o cer accosted a motorcycle rider and asked them to alight.
demand for the ransom took place in the afternoon. The case of a personal name; and (iii) acquired without right or The o -duty police o cer then inspected the motorcycle's
intention is controlling here, that is, ransom was demanded. with intellectual property interests in it. compartment box.
Pretending that a sachet of shabu was found, the o -duty
Cybercrime Prevention Act of 2012 Crimes Against Property police o cer demanded PHP1,000.00 in order to prevent an
RA 10175 arrest.
(2021) 2. While executing a search warrant, a police o cer
Fearful of being incarcerated for life for a crime that was not
(2019) B.20. Mr. S, a businessman and information pocketed and absconded with the mobile phone of the
really committed, the motorcycle rider readily complied.
technology practitioner, claimed to have devised an innovative occupant of the premises being searched. The mobile phone
Unknown to the o -duty police o cer, a surveillance camera
business model. He would diligently compile a list of known was not the subject of the search warrant. It was not
caught the entire incident.
personalities and entities in the elds of entertainment, arts, enumerated in the order.
culture, and sports, and acquire numerous domain names in Will a charge of robbery prosper against the off-duty
Did the police officer commit a crime? Explain briefly.
the internet using the names of these known personalities and police officer? Explain briefly.
of postdating checks in payment of an obligation was the

Yes, the charge of robbery will prosper. (2019) A.5. In August 2018, B entered into a contract with S
e cient cause of the defraudation. Postdating the checks was
Under the RPC, robbery may be committed by unlawfully for the purchase of the latter's second-hand car in the amount
committed prior to or simultaneously with the commission of
taking the property of another through intimidation. of P400,000.00, payable in two (2) equal monthly
the fraud. B should also be charged with 2 counts of violation
installments. Simultaneous with the signing of the contract
Here, police o cer demanded Php 1,000.00 from the rider by of B.P. 22 or the Bouncing Checks Law. B.P. 22 may be
and S's turnover of the car keys, B executed, issued, and
threatening the latter to be arrested out of a false charge. The violated by making or drawing and issuing any check to apply
delivered two (2) post-dated checks, all payable to S, with the
charge of robbery should therefore prosper. on account or for value, knowing at the time of issue that he
assurance that they will all be honored on their respective
does not have su cient funds in or credit with the drawee
maturity dates.
(2021) 10. During a Senate hearing in aid of legislation, a bank for the payment of such check, which check is
However, all two (2) checks were dishonored for being drawn subsequently dishonored for insu ciency of funds or credit,
Senator's sta member took a resource person's mobile phone
against insu cient funds. Consequently, notices therefor were or would have been dishonored for the same reason had not
without their consent or knowledge.
duly issued to and received by B, but this notwithstanding, no the drawer, without any valid reason, ordered the bank to stop
While the hearing was ongoing, the sta member read the payment arrangements were made by him. Further, upon S's payment. Here, all the elements of the o ense are present. B
resource person's messages contained in the mobile phone and investigation, it was uncovered that B's checking account had issued 2 checks which were subsequently dishonored by the
hurriedly wrote notes which were passed to the Senator. only P80,000.00 when it was opened in June 2018 and no drawee bank for insu ciency of funds. The gravamen of B.P.
Thereafter, the sta surreptitiously returned the mobile further deposits were made after that. S also found out that B 22 is the issuance of the check, thus, the issuance of each
phone. knew fully well of such circumstances at the time he issued the bouncing check constitutes one count of the o ense. While a
two (2) checks. BP 22 case and an estafa case may be rooted from an identical
The resource person would not have noticed that the mobile
phone was taken had it not been for a TikTok video posted by What crime/s should B be charged with and for how set of facts, they nevertheless present di erent causes of action,
a journalist who was present during the hearing. The TikTok many counts? Explain. (5%) which, under the law, are considered "separate, distinct, and
video caught the entire act of the Senator's sta member. The independent" from each other. [Rimando v. Aldaba, G.R. No.
TikTok video even had accompanying music and narration. B should be charged with 1 count of Estafa and 2 counts of 203583, October 13, 2014]
violation of B.P. 22. Under Art. 315, par. 2(d) of the RPC,
The video became viral.
estafa by postdating a check or issuing a check in payment of (2018) VI. A group of homeless and destitute persons
Can the staff member be liable for Theft of the mobile an obligation is committed when: (a) the o ender post-dated a invaded and occupied the houses built by the National
phone? Explain briefly. check, or issued a check in payment of an obligation; and (b) Housing Authority (NHA) for certain military personnel. To
such postdating or issuing a check was done when the o ender gain entry to the houses, the group intimidated the security
Yes, the sta member is liable for Theft as he took the mobile had no funds in the bank, or his funds deposited therein were guards posted at the entrance gate with the rearms they were
phone without the knowledge or consent of the owner. not su cient to cover the amount of the check. Here, B’s act carrying and destroyed the padlocks of the doors of the houses
with the use of crowbars and hammers. They claimed that dishonored for the reason that it was drawn against prohibits refers to identity of elements in the two (2) o enses.
they would occupy the houses and live therein because the insu cient funds (DAIF). Otherwise stated, prosecution for the same act is not
houses were idle and they were entitled to free housing from prohibited. What is forbidden is prosecution for the same
Rene sent Rashid a timely notice of dishonor of the check and
the government. demanded the latter to make good the same within ve (5) o ense. Essentially, while a BP 22 case and an estafa case may
be rooted from an identical set of facts, they nevertheless
For the reason that the houses were already awarded to days from notice. After the lapse of the ve (5)-day notice,
military personnel who have been found to have fully Rene redeposited the check with the drawee bank but it was present di erent causes of action, which, under the law, are
complied with the requirements for the award thereof, NHA again dishonored for the same reason, i.e., DAIF. Rene considered “separate, distinct, and independent” from each
demanded the group to vacate within ten (10) days from thereafter led two (2) separate criminal actions against other. Both cases, therefore, can proceed to their nal
notice the houses they occupied and were still occupying. Rashid: adjudication – both as to their criminal and civil aspects
Despite the lapse of the deadline, the group refused to vacate (Rimando v. Spouses Aldaba and People, G.R. No. 203583,
(1) Estafa under Art. 315(2)(d) of the RPC, as amended by 13 October 2014).
the houses in question.
R.A. No. 4885, i.e, estafa committed by postdating a check, or
(B) Yes. The presentation of the check beyond the 90-day
What is the criminal liability of the members of the issuing a check in payment of an obligation without su cient
group, if any, for their actions? (5%) funds in the bank; and period would be of no consequence per Section 2 of B.P. Blg.
22. The 90-day period is not an element of the o ense but
(2) Violation of B.P. 22 or the Bouncing Checks Law. merely a condition for the prima facie presumption of
The members of the group who, by means of violence against
(a) Can he be held liable under both actions? (2.5%) knowledge of the insu ciency of funds. That the check must
or intimidation, shall take possession of any real property or
(b) If the check is presented for payment after four be deposited within ninety (90) days is simply one of the
shall usurp any real rights in property belonging to another, is
(4) months, but before it becomes stale, can the conditions for the prima facie presumption of knowledge of
criminally liable under Art. 312 of the RPC or Occupation of
two actions still proceed? (2.5%) lack of funds to arise. It does not discharge Rashid from his
real property or usurpation of real rights in property. In
duty to maintain su cient funds in the account.
addition, they may also be charged with other crimes resulting
from their acts of violence. (A) Yes. Rashid can be liable for estafa and also for violation of
B.P. Bldg. 22. While the two criminal actions of estafa under (2016) VII. Val, a Nigerian, set up a perfume business in the
Art. 315(2)(d) of the RPC and violation of BP 22 may refer to Philippines. The investors would buy the raw materials at a
(2018) IX. Rashid asked Rene to lend him PhP50,000,
identical acts committed by Rashid, the prosecution thereof low price from Val. The raw materials consisted of powders,
payable in six (6) months and, as payment for the loan, Rashid
cannot be limited to one o ense, because a single criminal act which the investors would mix with water and let stand until a
issued a postdated check for the said amount plus the agreed
may give rise to a multiplicity of o enses and where there is gel was formed. Val made a written commitment to the
interest. Rashid assured Rene that the account would have
variance or di erences between the elements of an o ense in investors that he would buy back the gel at a higher price, thus
su cient funds on maturity date. On that date, Rene
one law and another law, as in this case, there will be no assuring the investors of a neat pro t. When the amounts to
presented the check to the drawee bank for payment but it was
double jeopardy, because what the rule on double jeopardy
be paid by Val to the investors reached millions of pesos, he taking of motor vehicles is now covered by the to lend the cows to Tristan on the condition that the latter will
sold all the equipment of his perfume business, absconded Anti-Carnapping Law (R.A. 6539 as amended), and not by give a goat to the former when the cows are returned. Instead,
with the money, and is nowhere to be found. the provisions on quali ed theft or robbery (People v. Tristan sold the cows and pocketed the money. Due to the
Bustinera, G.R. No. 148233, June 8, 2004). The concept of neglect of Domingo, one of the horses was stolen. Knowing
What crime or crimes were committed, if any? Explain.
(5%) carnapping is the same as that of robbery and theft. that he will be blamed for the loss, Domingo slaughtered the
other horse, got the meat, and sold it to Pastor. He later
Hence, rules applicable to theft or robbery are also applicable
to carnapping (People v. Asamuddin, G.R. No. 213913, reported to Hannibal that the two horses were stolen.
The crime committed is estafa through false pretenses (Art.
315 par. 2(a)). Val defrauded the investors by falsely September 2, 2015). In theft, unlawful taking should be a. What crime or crimes, if any, did Tristan
pretending to possess business or imaginary transactions. The understood within the Spanish concept of apoderamiento. commit? Explain. (2.5%)
fact that he sold all the equipment of his perfume business, b. What crime or crimes, if any, were committed by
In order to constitute apoderamiento, the physical taking must
and absconded with the money when the amounts to be paid Domingo? Explain. (2.5%)
be coupled with the intent to appropriate the object, which
by him to the investors reached millions of pesos shows that means intent deprive the lawful owner of the thing, whether
the transaction or his business is imaginary, and he defrauded permanently or temporarily (People v. Valenzuela, G. R. No. (A) Tristan is liable for Estafa through Misappropriation
the victims. 160188, June 21, 2007). under Article 315 of the Revised Penal Code. He received the
cows under obligation involving the duty to return the same
In this case, A took the car without consent of B with intent io thing deposited, and acquired legal or juridical possession in so
(2016) IX. A is the driver of B's Mercedes Benz car. When B
temporarily deprive him of the car. Although the taking was doing, since their transaction is a commodatum. Selling the
was on a trip to Paris, A used the car for a joy ride with C
“temporary” and for a “joy ride”, the Supreme Court in cows as if he owned it constitutes misappropriation or
whom he is courting. Unfortunately, A met an accident. Upon
People v. Bustinera, (supra), sustains as the better view that conversion within the contemplation of Article 315.
his return, B came to know about the unauthorized use of the
which holds that when a person, either with the object of
car and sued A for quali ed theft. B alleged that A took and (B) Domingo is liable for quali ed theft under Article 308 of
going to a certain place, or learning how to drive, or enjoying a
used the car with intent to gain as he derived some bene t or the Revised Penal Code. Although Tristan received the horse
free ride, takes possession of a vehicle belonging to another,
satisfaction from its use. On the other hand, A argued that he with the consent of the owner, Hannibal, his possession is
without the consent of its owner, he is guilty of theft because
has no intent of making himself the owner of the car as he in merely physical or de facto since the former is an employee of
by taking possession of the personal property belonging to
fact returned it to the garage after the joy ride. the latter. Slaughtering the horse, which he physically
another and using it, his intent to gain is evident since he
What crime or crimes, if any, were committed? Explain. derives therefrom utility; satisfaction, enjoyment and pleasure. possessed, and selling its meat to Pastor shall be considered as
(5%) taking without consent of the owner with intent to gain,
which constitutes theft (Balerta v. People, G.R. No. 205144,
(2016) XIII. Domingo is the caretaker of two (2) cows and
The crime committed by A is carnapping. The unlawful November 26, 2014), Since the horse is accessible to him, the
two (2) horses owned by Hannibal. Hannibal told Domingo
theft is quali ed by the circumstance of abuse of con dence rape since he raped the daughter of Antonio on occasion or by of the crime. Since homicides are committed by or on the
(Yongco v. People, G.R. No. 209373, July 30, 2014); reason of robbery. Even if the place of robbery is di erent occasion of the robbery, the multiple rapes shall be integrated
from that of rape, the crime is still robbery with rape since into one and indivisible felony of robbery with homicide
Further, Domingo committed the crime of violation of the
Anti-Cattle Rustling Law of 1974 (P.D. No. 533). Cattle what is important is the direct connection between the two (People v. Diu, G.R. No. 201449, April 3, 2013).
rustling is the taking away by any means, method or scheme, crimes (People v. Conastre, G.R. No. L-2055, December 24,
without the consent of the owner/ raiser, of large cattle, which 1948). Rape was not separate by distance and time from the (2015) XI. Nel learned that Elgar, the owner of the biggest
includes cows and horses, whether or not for pro t or gain, or robbery. house in the place, would be out of town for three days with
whether committed with or without violence against or Pedro, Pablito and Juan are liable for robbery by band. There no one left to watch the house. He called his friends Ben,
intimidation of any person or force upon things. It includes is band in this case since more than three armed malefactors Ardo and Gorio and they planned to take the valuables in the
the killing of large cattle, or taking its meat or hide without the take part in the commission of a robbery. house while Elgar was away. Nel and Ben would go inside the
consent of the owner/raiser. house, Ardo would serve as the lookout, while Gorio would
Under Article 296 of the Revised Penal Code, any member of
stay in the getaway car. When Elgar left, they carried out their
a band, who is present at the commission of a robbery by the
(2016) XV. Pedro, Pablito, Juan and Julio, all armed with plan to the letter. Nel and Ben went inside the house through
band, shall be punished as principal of any of the assaults
the backdoor which was left unlocked. None of the rooms and
bolos, robbed the house where Antonio, his wife, and three (3) committed by the band, unless it be shown that he attempted
daughters were residing. While the four were ransacking drawers inside were locked. They took the money, jewelry and
to prevent the same.
Antonio's house, Julio noticed that one of Antonio's other valuables therefrom and immediately left using the
The assault mentioned in Article 296 includes rape (People v. getaway car.
daughters was trying to escape. He chased and caught up with
Hamiana, G.R. Nos. L-3491-94, May 30, 1971). They are not
her at a thicket somewhat distant from the house, but before After driving for about one kilometer, Nel realized he left his
liable, however, for rape under Article 296 since they were not
bringing her back, raped her. bag and wallet with IDs in the house and so he instructed
present when the victim was raped and thus, they had no
a. What crime or crimes, if any, did Pedro, Pablito, Gorio to drive back to the house. Nel just went in thinking
opportunity to prevent the same. They are only liable for
Juan and Julio commit? Explain. (2.5%) that the house was still empty. But to his surprise, Nel found
robbery by band (People v. Anticamaray, G.R. No. 178771,
b. Suppose, after the robbery, the four took turns in Fermin seated on a bench with Nel's bag and wallet beside him
June 8, 2011).
raping the three daughters inside the house, and, and appeared to be texting using his smart phone. Nel took a
(B) They are liable for a special complex crime of robbery with golf club near him and hit Fermin with it. Fermin shouted for
to prevent identification, killed the whole family
homicide. help, but Nel kept hitting him until he stopped making noise.
just before they left. What crime or crimes, if
any, did the four malefactors commit? (2.5%) In this special complex crime, it is immaterial that several The noise alerted the neighbor who called the police. Nel, Ben,
persons are killed. It is also immaterial that aside from the Ardo and Gorio were caught. Fermin died.
(A) Julio is liable for special complex crime of robbery with homicides, rapes are committed by reason or on the occasion What is the criminal liability of Nel, Ben, Ardo and
Gorio? Explain. (5%) on commission basis. They agreed that Elen would remit the BP 22. (Reyes, RPC, 2008).
proceeds of the sale and return the unsold items to Dora
Another jurisprudence: While the ling of the two sets of
Nel, Ben, Ardo, and Gorio are all criminally liable for Theft. within sixty days. The period expired without Elen remitting Information under the provisions of Batas Pambansa Bilang
In addition, Nel is also liable for the crime of Homicide. the proceeds of the sale or returning the pieces of jewelry. Dora 22 and under the provisions of the Revised Penal Code, as
demanded by phone that Elen turn over the proceeds of the amended, on estafa, may refer to identical acts committed by
While it seems that a special complex crime of robbery with
sale and return the unsold pieces of jewelry. Elen promised to the petitioner, the prosecution thereof cannot be limited to
homicide may have been committed because death results
do so the following day. El en still failed to make good on her one o ense, because a single criminal act may give rise to a
immediately after the taking of the personal properties,
promise but instead issued post-dated checks. Thereafter, multiplicity of o enses and where there is variance or
however, a close scrutiny of the facts of the case shows
Dora made several more demands, the last of which was in di erences between the elements of an o ense in one law and
otherwise. Under the provisions of the Revised Penal Code,
writing, but they were all unheeded. When the checks were another law as in the case at bar there will be no double
intent to gain and taking of personal property belonging to
deposited in Dora's bank account, the checks were returned jeopardy because what the rule on double jeopardy prohibits
another are elements of the crimes of robbery and theft. What
unpaid for insu cient funds. Elen was charged with estafa and refers to identity of elements in the two (2) o enses.
makes robbery di erent from theft are the elements of
violation of Batas Pambansa Big. 22.
violence or intimidation upon person; or with force upon Otherwise stated, prosecution for the same act is not
things. Without these elements, the crime committed is merely Will the charges against Elen prosper? Explain. (4%) prohibited. What is forbidden is prosecution for the same
theft. o ense. Hence, the mere ling of the two (2) sets of
Yes, the charges against Elen will prosper. information does not itself give rise to double jeopardy.
In this case, they took the valuables belonging to Elgar from
(People vs. Reyes, G.R. Nos. 101127-31 November 18, 1993
his house. However, there was no violence or intimidation Assemblyman Estelito Mendoza, who authored BP 22,
citing People vs. Mira ores)
exerted against a person and neither was there force upon expressed the view that “if he issues a check in payment of or
things exerted in e ecting entrance to the premises or in taking contemporaneously with incurring an obligation, then he will In the case at bar, the following elements of BP 22 were
the valuables. The facts show that Nel and Ben went inside the be liable not only for estafa but also for violation of this Act.” established: (1.) Elen drew checks to apply to account or for
house through the backdoor left unlocked and none of the His reason is that, “the Supreme Court in several cases has value; (2.) She knew at the time of the issuance that she did
rooms and drawers inside were locked. As there was the decided that where there is a variance between the elements of not have su cient funds in the drawee bank for the payment
absence of force or intimidation, theft is committed. an o ense in one law and another law, there will be no double of the checks in full upon its presentment; and (3.) The checks
jeopardy.” He cited the element of damage in estafa, which is were subsequently dishonored by the drawee bank for
In addition, since none of the qualifying circumstances of
not required in BP 22. In view of the purpose of the insu ciency of funds. (Festin, Special Penal Laws, Vol. I,
murder is present in this case, Nel only committed the crime
enactment of BP 22, the crime de ned and penalized there is 2013)
of homicide in killing Fermin.
against public interest, while the crime of estafa is against Also, the following elements of estafa under par. 2(d) of
property. Deceit is an element of estafa. This is not required in Article 315 of the RPC were established: (1.) Elen issued
(2015) XIII. Dora gave Elen several pieces of jewelry for sale
post-dated checks in payment of an obligation contracted at same to the local authorities or to its owner. What crime/s, if any, did Madam X and Madam W commit?
the time the check was issued; (2.) lack of su ciency of funds
In this case, Bruno, by failing to deliver the wallet belonging to Explain. (5%)
to cover the checks; and (3.) damage to the payee. (Cajigas vs. another and having the opportunity to return it to the local
People, 580 SCRA 54, February 23, 2009 as cited in Festin, authorities or to its owner refrained from doing so committed Madam X shall be liable as principal in the crime of quali ed
Special Penal Laws, Vol. I, 2013) a crime of theft. theft committed with grave abuse of con dence de ned and
(B) The crime committed by the chief of police is punishable under Article 310 of the Revised Penal Code.
(2015) XIX. Bruno, a taxi driver, had an indebtedness in the Being a bank teller, she had only the physical possession, not
Malversation. It is a well- settled rule that malversation may be
sum of P10,000.00 which would become due in one week. He juridical possession of the money received by her.
committed even when the property misappropriated is a
was starting to worry because he still had not raised the Consequently, her subsequent misappropriation of the same
private property if it is deemed in custodial legis. In this case,
amount to pay for his debt. Every day, he had prayed for divine shall constitute the crime of theft, quali ed with grave abuse
the wallet and its contents was turned over to the nearby police
intervention. One night, while returning the taxi to the garage, of con dence.
station. Such being the case, it partakes of the nature of a
he found a wallet on the back seat. Inspecting it, he learned
public property. Clearly, the act of the chief of police in Madam W, on the other hand, is not criminally liable. She had
that it contained exactly P10,000.00 cash, the amount of his
appropriating the lost properties constitutes the crime of no knowledge of the crime and withdrew the money from her
obligation, and IDs. Thinking it was divine intervention, and
malversation. account and turned over the same to Madam X because of the
that his prayers were answered, he took the money and used it
misrepresentation of the latter that the P1 million was
to pay his debt.
(2014) IV. Madam X, a bank teller, received from depositor wrongfully deposited to her account. Her participation is not
a) What crime, if any, did Bruno commit? based on conspiracy or community of design, without which
Madam Y a check payable to cash in the amount of P1 million,
Explain. (2.5%) she cannot be held liable as principal by direct participation,
to be deposited to the account of Madam Y. Because the check
b) Assuming that instead of using the money, principal by indispensable cooperation or accomplice.
was not a crossed check, Madam X credited the amount to the
Bruno turned over the wallet and its contents to account of her good friend, Madam W, by accomplishing a Receiving an expensive Hermes bag from Madam X will not
the nearby police station, and it was the chief of make Madam W liable as an accessory since the latter has no
deposit slip. Seven (7) days after, Madam X contacted her
police of that station who appropriated the good friend, Madam W and told her that the amount of P1 actual knowledge of the commission of the crime of theft by
money for his own benefit, what crime was million was wrongfully credited to Madam W, thus, Madam X the former and the bag cannot be considered as the “e ects of
committed by the chief of police? Explain. (2.5%) the crime” since there is no showing that the money
urged Madam W to withdraw the amount of P1 million from
her account and to turn over the same to Madam X. As a withdrawn was used in buying it.
(A) Bruno committed a crime of theft. Under Article 308 (1) dutiful friend, Madam W readily acceded. She was gifted by
of the Revised Penal Code, theft is likewise committed by any Madam X with an expensive Hermes bag after the withdrawal (2014) XVI. Mr. Benjie is the owner of a hardware store
person who having found lost property, shall fail to deliver the of the amount. specializing in the sale of plumbing materials. On February 1,
2014, Mr. Ed, a friend and regular customer of Mr. Benjie, with?
Mr. Ed is liable for one count of estafa under Article 315 (2)
visited the hardware store and purchased several plumbing (d) for the issuance of the rst three checks because he issued (B) Manolo decided to take matters into his own
materials in the total amount of P5 million. Mr. Benjiereadily them simultaneous with the transaction in order to defraud hands and, one night, broke into Tonio’s house
accepted Mr. Ed’s payment of three (3) postdated checks in another. However, the two other checks are deemed to have by destroying the wall and taking the painting.
the amount of P1 million Pesos each in view of the assurance been issued in payment of a pre-existing obligation, hence the What, if any, would be the liability of Manolo?
of Mr. Ed that the checks will be honored upon presentment same act could not have been the e cient cause of
for payment. Mr. Benjie, as a consequence, immediately (A) Tonio may be charged with the crime of fencing. Under
defraudation required in estafa under the Revised Penal Code.
delivered the materials to the house of Mr. Ed. The following Section 5 of P.D. 1612, mere possession of a stolen article or
day, Mr. Ed went back to Mr. Benjie to tender another two (2) He is also liable for two counts of violation of B.P. 22 for the object or anything of value which has been the subject of
postdated checks in the amount of P1 million each to issuance of the ve checks which were dishonored for robbery or thievery is prima facie evidence of fencing. Since
complete the payment, with the same assurance that the insu ciency of funds. The gravamen of B.P. 22 is the issuance Tonio is in possession of a stolen property, it is presumed that
checks will be honored upon presentment for payment. When of a worthless or unfunded check. Deceit is not material to he committed the crime of fencing.
the checks were presented for payment, all were dishonored B.P. 22.
(B) Manolo is liable for the crime of trespass to dwelling
for insu ciency of funds and corresponding notices of Mr. Ed’s defense of partial payments constituting novation Quali ed by use of force since he entered the house of Tonio
dishonor were sent and received by Mr. Ed. One month after and absence of demand letter will not exculpate him from the against the latter’s will. There is no robbery because the owner
receipt of the notices of dishonor, Mr. Ed failed to make good criminal liability incurred. The partial payments made would of the property taken cannot commit robbery.
the checks. Thereafter, Mr. Benjie led before the public only a ect his civil liability while his claim of absence of
prosecutor’s o ce a complaint against Mr. Ed, although no demand letter is negated by his receipt of notices of dishonor.
(2014) XIX. Clepto went alone to a high-end busy shop and
demand letter was earlier sent to Mr. Ed.
decided to take one of the smaller purses without paying for it.
During the preliminary investigation, Mr. Benjie accepted (2014) XVIII.
Overcame by conscience, she decided to leave her own purse in
several amounts from Mr. Edas partial payments. The wife of Manolo, an avid art collector, was invited to Tonio’s house. place of the one she took. Her act was discovered and Clepto
Mr. Benjie protested and insisted that the complaint should There, Manolo noticed a nice painting that exactly looked like was charged with theft. She claimed that there was no theft, as
continue despite the partial payments. On the other hand, Mr. the painting which he reported was stolen from him some the store su ered no injury or prejudice because she had left a
Ed counters that no demand letter was earlier sent to him, that years back. Manolo confronted Tonio about the painting, but purse in place of the one she took.
the obligation is merely civil in character and that novation Tonio denied any knowledge, claiming that he bought the Comment on her defense. (3%)
took place when Mr. Benjie accepted the partial payments. painting legitimately from a friend. Manolo later proved to
Discuss the criminal liability, if any, of Mr. Ed. (6%) Tonio that the painting was indeed the stolen painting. (4%)
Her defense is untenable. Theft was already consummated
(A) What crime/s, if any, may Tonio be charged from the taking of the personal property of another with
intent to gain without the consent of the latter. The presence check was a forgery and, therefore, his it was dishonored because the account had already been
of injury or damage is not an element of theft. Her leaving withdrawal based on the second check was a legal closed.
behind her own purse will not alter the fact that she took a act. Is Mr. Gray correct? What action/s may C commence against A and B to
purse from the high-end shop without the consent of the hold them to account for the loss of her P85,000.00?
owner. (A) The defense of Mr. Gray that there is no evidence showing Explain. (5%)
that he was the author of the forgery is unmeritorious. The
(2014) XXV. Mr. Gray opened a savings account with Bank law provides the presumption that the possessor and user of a
A criminal action for violation of BP 22 may be led against B
A with an initial deposit of P50,000.00. A few days later, he falsi ed document is the one who falsi ed the same. His who drew the postdated check against a closed bank account,
deposited a check for P200,000.00 drawn from Bank B and contention that Mr. White did not su er injuries is likewise for value paid by C, and with knowledge at the time he issued
endorsed by Mr. White. Ten days later, Mr. Gray withdrew bereft of merit. Damage or intent to cause damage is not the check that the account thereof is already closed.
the P200,000.00 from his account. Mr. White later considered in attempted estafa, only in consummated estafa.
A cannot be held liable under BP 22 because he was a mere
complained to Bank B when the amount of P200,000.00 was (B) Since the rst check is forged, such circumstance justi es endorser of B‟s check to C who exchanged the check in cash.
later debited to his account, as he did not issue the check and the entrapment of Mr. Gray since there is already probable BP 22 does not apply to endorser of checks. Hence only a civil
his signature thereon was forged. Mr. Gray subsequently cause that the second check is also forged. Moreover, even action may be led by C against A to recover the P85,000.00.
deposited another check signed by Mr. Whitefor P200,000.00, assuming that the entrapment is illegal, it will not validate the
which amount he later withdrew. Upon receiving the amount, withdrawal based on . the second check, which is also forged. Although a simultaneous action for estafa is authorized by law
Mr. Gray was arrested by agents of the National Bureau of The criminality in forging the second check is not a ected by for the issuance of a worthless check, under the given facts, the
Investigation (NBI). the alleged illegality of the entrapment operation. check was discounted and thus issued in a credit transaction
for a pre-existing indebtedness. Criminal liability for estafa
Mr. Gray was convicted of estafa and attempted estafa, both
does not arise when a check has been issued in payment for a
through the use of commercial documents. (4%) (2010) VIII. A asked nancial support from her showbiz
pre-existing debt.
(A) Mr. Gray claims as defense that, except for Mr. friend B who accommodated her by issuing in her favor a
White’s claim of forgery, there was no evidence postdated check in the sum of P90,000.00. Both of them
knew that the check would not be honored because B’s (2010) XIV. Paul lives with his long-time girlfriend Joan in a
showing that he was the author of the forgery
account had just been closed. The two then approached trader condominium in Makati. For more than a year, he has been
and Mr. White did not suffer any injuries as to
C whom they asked to change the check with cash, even secretly saving money in an envelope under their bed to buy
the second check (attempted estafa). Rule on the
agreeing that the exchange be discounted at P85,000.00 with her an engagement ring. One day, while Joan was cleaning
defense of Mr. Gray.
the assurance that the check shall be funded upon maturity. their room, she found the envelope, took the money, and left
(B) Mr. Gray claims that he was entrapped illegally
Upon C’s presentment of the check for payment on due date, Paul.
because there was no showing that the second
intent to gain and by means of fraud and deceit, did then and three (3) accused who are alleged to have conspired in the
As prosecutor, what crime, if any, would you charge
there wilfully, unlawfully, and feloniously defraud Virna, commission of the swindling. But because the amount
Joan? Explain. (3%)
Lana, Deborah and several other persons by falsely or defrauded exceeds P100,000.00, the case is still under the same
fraudulently pretending or representing in a transaction or P.D. 1689 with a lower penalty than syndicated estafa.
Joan may be charged for quali ed theft because she took away
series of transactions, which they made with complainants and
personal property belonging to Paul without the latter‟s
the public in general, to the e ect that they were in a legitimate (2010) XXIII. Christopher, John, Richard, and Luke are
consent, so obviously with intent to gain, and with grave abuse
business of foreign exchange trading successively or fraternity brothers. To protect themselves from rival
of con dence.
simultaneously operating under the name and style of ABC fraternities, they all carry guns wherever they go. One night,
But Joan may invoke as a defense Art. 332 of the Revised Penal Corporation and DEF Management Philippines, after attending a party, they boarded a taxicab, held the driver
Code, under which no criminal liability but only civil liability Incorporated, induced and succeeded in inducing at gunpoint and took the latter’s earnings.
shall result for the crime of theft, swindling or malicious complainants and several other persons to give and deliver to
mischief committed by “spouses”, among other. a. What crime, if any, did the four commit?
said accused the amount of at least P20,000,000.00 on the
Enumerate the elements of the crime. (2%)
The reference to “theft” under the Article embraces both strength of said manifestations and representations, the
b. Would your answer be the same if they killed the
simple theft and quali ed theft, and the reference to “spouses” accused knowing fully well that the above named corporations
driver? Explain. (2%)
include common-law or “live-in” relationship (People v. registered with the SEC are not licensed nor authorized to
Constantino, 60 O.G. 3603 [1963]). engage in foreign exchange trading and that such
(A) The crime committed is robbery by a band since there
manifestations and representations to transact in foreign
were four (4) o enders acting in concert in committing the
(2010) XVI. The president, treasurer, and secretary of ABC exchange were false and fraudulent, that these resulted to the
robbery and all the four were armed. The elements of this
Corporation were charged with syndicated estafa under the damage and prejudice of the complainants and other persons,
crime are:
following Information: and that the defraudation pertains to funds solicited from the
public in general by such corporations/associations. 1. Unlawful taking of personal property belonging to
That on or about the 1st week of January 2010 or subsequent another (the earnings of the taxi-driver);
thereto in Cebu City and within the jurisdiction of this Will the case for syndicated estafa prosper? Explain.
Honorable Court, the above-named accused, conspiring and (5%) 2. Intent to gain in the taking (of the earnings which
belong to the taxi-driver);
confederating together and all of them mutually helping and
aiding one another in a syndicated manner, through a No, a case for syndicated estafa will not prosper because a 3. Violence against or intimidation of person or force
corporation registered with the Securities and Exchange syndicate for such crime under Pres. Decree 1689 must be upon things was employed in the taking; and
Commission (SEC), with intention of carrying out the comprised of ve (5) or more persons committing the estafa or
4. There were more than three armed malefactors taking
unlawful or illegal act, transaction, enterprise or scheme, with other forms of swindling de ned in Arts. 315 and 316 of the
part in the commission of the robbery (Art. 296 in relation
Revised Penal Code; whereas the case given involved only
to Art. 294, Revised Penal Code) with Multiple Attempted Homicide, a complex crime (Art. and he was killed during the robbery (People v. Barot, 89
48, Art. 148 and Art. 249, RPC; People v. Gayrama, 60 Phil. SCRA 16 [1979]).
(B) No, the crime becomes robbery with homicide and all the
fraternity brothers are liable. The existence of a band shall be 796 [1934]).
appreciated only as generic aggravating circumstance. Also, if Robbery with Homicide was committed because one of the (2009) XVII. Wenceslao and Loretta were staying in the same
the rearms used were unlicensed, the same would only be responding policeman was killed by reason or on occasion of boarding house, occupying di erent rooms. One late evening,
taken as generic aggravating circumstance as provided by the the robbery being committed. The complex crime of Direct when everyone in the house was asleep, Wenceslao entered
Rep. Act No. 8294 (People v. Bolinguet, G.R. December 11, Assault with Multiple Attempted Homicide was committed Loretta’s room with the use of a picklock. Then, with force
2003). in respect of the o ender‟s ring guns at the responding and violence, Wenceslao ravished Loretta. After he had
policemen who are agents f person in authority performing satis ed his lust, Wenceslao stabbed Loretta to death and,
their duty when red at to frustrate such performance (People before leaving the room, took her jewelry.
(2009) VIII. While Alfredo, Braulio, Ciriaco, and Domingo
were robbing a bank, policemen arrived. A re ght ensued v. Ladjaalam, G.R. No. 136149-51, Sept. 19, 2000). a. What crime or crimes, if any, did Wenceslao
between the bank robbers and the responding policemen, and (B) The crime of which Brulio, Ciriaco and Domingo can be commit? Explain. (4%)
one of the policemen was killed. charge is Robbery with Homicide (Art. 249[1], RPC) because b. Discuss the applicability of the relevant
a. What crime or crimes, if any, had been the killing resulted by reason or on occasion of the robbery. It aggravating circumstances of dwelling,
committed? Explain. (3%) is of no moment that the person killed is one of the robbers. A nocturnity and the use of the picklock to enter
killing by reason or on occasion of the robbery, whether the room of the victim. (3%)
b. Suppose it was Alfredo who was killed by the
deliberate of accidental, will be a component of the crime of c. Would your answer to [a] be the same if, despite
responding policemen, what charges can be filed
Robbery with Homicide, a single indivisible o ense, as long as the serious stab wounds she sustained, Loretta
against Braulio, Ciriaco and Domingo? Explain.
(2%) it is immediately connected to the robbery. survived? Explain. (3%)
c. Suppose in the course of the robbery, before the (C) Braulio shall be liable for Robbery with Homicide (Art.
policemen arrived, Braulio shot and killed (A) Wenceslao committed the following crimes: (1) the special
294[1], RPC) for killing Alfredo, since the killing was by
Alfredo following a heated disagreement on who complex crime of rape with homicide (2) theft and (3)
reason of the robbery. Ciriaco and Domingo having conspire
should carry the money bags, what would be the unlawful possession of picklocks and similar tools under Art.
only in the commission of the robbery, should only incur
criminal liability of Braulio, Ciriaco and 304, RPC. His act of having carnal knowledge of Loretta
liability for the crime conspired upon – the robbery, unless
Domingo? Explain. (2%) against her will and with the use of force and violence
they were with Braulio during the killing and could have
constituted rape, plus the killing of Loretta by reason or on the
prevented the same but they did not, in which case they shall
occasion of the rape, gave rise to the special complex crime of
(A) The crime committed are Robbery with Homicide (Art. be also be liable for Robbery with Homicide.
rape with homicide. Since the taking of the jewelry was an
294[1], RPC), a single indivisible o ense, and Direct Assault
It is of no moment that the person killed is one of the robbers
afterthought as it was dome only when he was about to leave only when both of them are not consummated, they are to be Nestor and Julia for Five Years. One Night, while Nestor and
the room and when Loretta was already dead, the same charges and punished separately. In any event, the possession Julia were out having dinner, Lucas and his friend Pedro
constitutes theft. His possession and use of the picklock of the picklock “without lawful cause”, more so its use in an gained entry into the masters' bedroom with the used of a false
“without lawful cause” is by itself punishable under Art. 304, unlawful entry is punishable as a crime by itself. key. They found Julia's jewelry box in one of the cabinets
RPC. which was unlocked. Lucas believed that Julia's jewelry inside
(2008) V. Eman, a vagrant, found a bag containing the box. Unknown to Lucas and Pedro, the box was empty.
(B) Discuss the applicability of the relevant crimes were
committed in the property of Loretta‟s room which in law is identi cation cards and a diamond ring along Roxas Blvd. Pedro took the box and left the bedroom with Lucas. They
considered as her dwelling. It is well settled that “dwelling” Knowing that it was not his, he went to a nearest police station were shock when they saw Nestor in the sala, pointing a gun at
includes a room in a boarding house being occupied by the to seek help in nding the owner of the bag. At the precinct them. Nestor ordered them to stop and hand over the box.
o ended party where she enjoys privacy, peace of mind and PO1 Melvin attended to him. In the investigation Eman Pedro complied. It turned out that Nestor had just arrived in
sanctity of an abode. proposed to PO1 Melvin, "in case you don't nd the owner time to see Lucas and Pedro leaving the master's bedroom with
let's just pawn straight to the pawnshop and pawned the ring the box.
Nocturnity or nighttime is also aggravating because although
for P50,000.00 Eman never saw PO1 Melvin again. State with reasons, the crime or crimes, if any, Lucas
it was not purposely or especially sought for by Wenceslao,
a. What is the criminal liability of Eman, If any? and Pedro committed. (7%)
nighttime was obviously taken advantaged of by him in
committing the other crimes. Under the objective test, Explain. (3%)
nocturnity is aggravating when taken advantage of by the b. What is the criminal liability of PO1 Melvin, is Lucas and Pedro committed Robbery in an Inhabited House
o ender during the commission of the crime thus facilitating any? Explain (3%) (Art. 299) for gaining entry into the house by means of a false
the same. The use of a picklock to enter the room of the key.
victim is not an aggravating circumstance under Art. 14 of the (A) Eman is guilty of theft (Art. 308, RPC) for failure tp
Code but punished as a crime by itself where the o ender has return the lost property to the rightful owner. His intent to (2007) III. Jervis and Marlon asked their friend, Jonathan, to
no lawful cause for possessing it. The use of picklocks is gain became apparent when he proposed to pawn the ring and help them rob a bank. Jervis and Marlon went inside the bank,
equivalent to force upon things in robbery with force upon to share the proceeds with PO1 Melvin. but were unable to get any money from the vault because the
things. same was protected by a time-delay mechanism. They
(B) PO1 Melvin committed the crime of malversation of
contented themselves with the customer’s cellphones and a
(C) No, the answer will be di erent. In that case, the crime property under Art. 217, RPC since the subject ring appears
to be his accountability and the act of pawning the total of P5,000 in cash. After they dashed out of the bank and
committed would be four separate crimes of (1) rape (2)
misappropriation. rushed into the car, Jonathan pulled the car out of the curb,
frustrated homicide or murder (3) theft and (4) unlawful
hitting a pedestrian which resulted in the latter’s death.
possession and use of picklocks under Art. 304, RPC. The
special complex crime of rape with homicide is constituted (2005) XIII. Lucas had been the stay-in houseboy of spouses What crime or crimes did Jervis, Marlon and Jonathan
commit? Explain your answer. depositary, he had juridical possession of the merchandise. VR presented other receipts given to her by Antonia representing
also moved for the reconsideration of the decision insisting previous transactions. Convicted of the charge, Ofelia
Assuming the acts were attended by the use of force and that since he was acquitted of the crime charged, and that he appealed, arguing that her acquisition of the jewelries resulted
intimidation in robbing the bank, Jonathan, Marlon and Jervis purchased the merchandise in good faith, he is not obligated from a legal transaction and that the prosecution failed to
committed the special complex crime of attempted robbery to return the merchandise to its owner. prove that she knew or should have known that the pieces of
with homicide. The subsequent running over of the jewelry which she bought from Antonia were proceeds of the
Rule on the motions with reasons. (5%)
pedestrian in the course of their escape was by reason or on crime of theft.
occasion of the robbery, thereby qualifying the crime as a. What is a "fence" under PD 1612? (2.5%)
The motion for reconsideration should be granted. By
attempted robbery with homicide. Having acted in conspiracy depositing the merchandise in his warehouse, he transferred b. Is Ofelia liable under the Anti-Fencing Law?
with Jervis and Marlon, Jonathan should also be charged with not merely physical but also juridical possession. The element Explain. (2.5%)
attempted robbery with homicide.
of taking in the crime of theft is wanting. At the most, he
On the other hand, he asking of the cellphones and P5,000.00 could be held liable for estafa for misappropriation of the (A) Fencing is the act of any person who, with intent to gain
from the customers are the separate acts of Jervis and Marlon, merchandise deposited. for himself or for another, shall.buy, receive, possess, keep,
and do not involve Jonathan as it was not part of their original acquire, conceal, sell or dispose of, or shall buy and sell, or in
On the other hand, the motion of VR must also be denied.
agreement. Jervis and Marlon should be charged for the crime any other manner deal in any article, item, object or anything
His acquittal is of no moment because the thing, subject
of robbery. of value which he knows, or should be known to him, to have
matter of the o ense, shall be restored to the owner even
been derived from the proceeds of the crime of robbery or
though it is found in the possession of a third person who
(2005) II.2. DD was engaged in the warehouse business. theft (Section 2 of PD 1612).
acquired it by lawful means. (Art. 105, RFC)
Sometime in November 2004, he was in dire need of money. (B) No. Ofelia is not liable under the Anti-Fencing Law. While
He, thus, sold merchandise deposited in his warehouse to VR Anti-Fencing Law under the said law mere possession of any good, article, item,
for P500,000.00. DD was charged with theft, as principal, object, or anything of value which has been the subject of
PD 1612
while VR as accessory. The court convicted DD of theft but robbery or thievery shall be prima facie evidence of fencing,
acquitted VR on the ground that he purchased the such evidence when su ciently overturned constitutes a
merchandise in good faith. However, the court ordered VR to (2016) VI. Ofelia, engaged in the purchase and sale of jewelry,
defense.
was charged with violation of PD 1612, otherwise known as
return the merchandise to the owner thereof and ordered DD
the Anti-Fencing Law, for having been found in possession of In this case, Ofelia’s defense that she merely acquired the
to refund the P500,000.00 to VR.
recently stolen jewelry valued at Pl 00,000.00 at her jewelry jewelries through a legitimate transaction is su cient. Further,
DD moved for the reconsideration of the decision insisting shop. Her defense is that she merely bought the same from there is no other circumstance as regards the jewelries which
that he should be acquitted of theft because being the Antonia and produced a receipt covering the sale. She would indicate to Ofelia, an innocent purchaser, that the
jewelries were the subject of theft. There was even a receipt possesses, keeps, acquires, conceals, sells, disposes, or buys and for another, deals in any manner with an article of value which
produced by Ofelia for the transaction. sells, or in any other manner deals with any article, item or he knows or should be known to him to have been derived
object that is the proceeds of robbery or theft; (3) that the from the proceeds of theft or robbery (Sec. 2, PD 1612). Thus,
(2013) I.VI. Roberto bought a Toyota Fortuner from Iñigo accused knows or should have known that the thing in his for a charge of fencing to prosper, it must rst be established
for P500,000. While driving his newly-bought car, Roberto possession is the proceeds of robbery or theft; and (4) that that a theft or robbery of the article subject of the alleged
met a minor accident that made the examination of his there is, on the part of the accused, intent to gain, for himself “fencing” has been committed – fact which I wanting in this
vehicle's Registration Certi cate necessary. When the or for another. case.
policeman checked the plate, chassis and motor numbers of All the elements are present. Someone carnapped the Toyota It should be noted that the suspect is engaged in the buy and
the vehicle against those re ected in the Registration Fortuner, and sold it to Roberto who did not take part in the sell of used garments, which are in the nature of movable
Certi cate, he found the chassis and motor numbers to be commission of the crime. Roberto should have known that property carries with it a prima facie presumption of
di erent from what the Registration Certi cate stated. The the car was stolen because it was not properly documented as ownership. The presumption of “fencing” arises only when
Deed of Sale covering the sale of the Fortuner, signed by Iñigo, the deed of sale and registration certi cate did not re ect the the article or item involved is the subject of a robbery or
also bore the same chassis and motor numbers as Roberto's correct numbers of the vehicle’s engine and chassis. thievery (Sec. 5, PD 1612).
Registration Certi cate. The chassis and motor numbers on Apparently, he made no e ort to check the papers covering his
the Fortuner were found, upon veri cation with the Land purchase. Crimes Against Chastity
Transportation O ce, to correspond to a vehicle previously
Roberto’s claim of good faith has no merit because PD 1612 is
reported as carnapped.
a malum prohibitum, therefore, good faith is not a defense. (2019) A.3. Mr. 0, a 75-year old retiree who has been a
Roberto claimed that he was in good faith; Iñigo sold him a (Dimat vs. People, GR 181144, January 25, 2012) widower for the last ten (10) years, believed that, at past 70, he
carnapped vehicle and he did not know that he was buying a is licensed to engage in voyeurism to satisfy his lustful desires.
carnapped vehicle. If not peeping into his neighbors' rooms through his powerful
(2010) V. Arlene is engaged in the buy and sell of used
If you were the prosecutor, would you or would you not garments, more popularly known as "ukay-ukay." Among the single-cylinder telescope, he would trail young, shapely girls
charge Roberto with a crime? (7%) items found by the police in a raid of her store in Baguio City along the hallways and corridors of shopping malls. While
were brand-new Louie Feraud blazers. going up the escalator, he stayed a step behind a mini-skirted,
If I were the public prosecutor, I would charge Roberto of 20-year old girl, and, in the heat of the moment, put his hand
Arlene was charged with "fencing." Will the charge
violation of PD 1612, The Anti-Fencing Law. The elements of on her left buttock and massaged it. The girl screamed and
prosper? Why or why not? (5%)
fencing are: (1) that a crime of robbery or theft has been hollered for help. Mr. 0 was thus apprehended and charged
committed; (2) that the accused, who was not a principal or with Acts of Lasciviousness under Article 336 of the Revised
No, the charge of “fencing” will not prosper. “Fencing” is
accomplice in the crime of robbery or theft, buys, receives, Penal Code. Mr. O's counsel, however, claimed that Mr. 0
committed when a person, with intent to gain foe himself or
should only be charged with the crime of Unjust Vexation. house. Rafa shot both lovers in the chest, but they survived. is only destierro not penalties for frustrated parricide and
Rafa charged Rachel and Rocco with adultery, while Rachel frustrated homicide, being the spouse of Rachel (Art. 246,
Is the contention of Mr. O's counsel tenable? Explain.
and Rocco charged Rafa with frustrated parricide and RPC).
(2.5%)
frustrated homicide.
No, the contention of Mr. O’s counsel is untenable. Under In the adultery case, Rachel and Rocco raised the defense that (2017) IV. Maita was the object of Solito's avid sexual desires.
Article 366 of the RPC, the elements of Acts of Rafa and Rachel, prior to the incident in question, executed a Solito had attempted many times to entice Maita to a date in
Lasciviousness are: (1) that the o ender commits any act of notarized document whereby they agreed to live separately and bed with him but Maita had consistently refused. Fed up with
lasciviousness or lewdness; (2) that the lascivious act is allowed each of them to get a new partner and live with all her rejections, Solito abducted Maita around 7 p.m. one
committed against a person of either sex; and (3) that it is done anyone of their choice as husband and wife. This document night. With his cohorts, Solito forced Maita into a Toyota
under any of the following circumstances: (a) by using force or was executed after Rachel discovered that Rafa was cohabiting lnnova and drove o with her to a green-painted house
intimidation; (b) when the o ended party is deprived of with another woman. Thus, they also raised the defense of in situated in a desolate part of the town. There, Solito succeeded
reason or otherwise unconscious; (c) by means of fraudulent pari delicto. In the frustrated parricide and frustrated in having carnal knowledge of Maita against her will.
machination or grave abuse of authority; or (d) when the homicide cases, Rafa raised the defense that, having caught Meanwhile, the police authorities were tipped o that at 11:30
o ended party is under 12 years of age or is demented. them in agrante delicto, he has no criminal liability. p.m. on that same night Solito would be selling marijuana
Lascivious conduct is de ned as “the intentional touching, Assuming that all defenses have been proven: outside the green-painted house. Acting on the tip, the PNP
either directly or through clothing, of the genitalia, anus, station of the town formed a buy-bust team with PO2
(a) Will the action for adultery prosper? (2.5%)
groin, breast, inner thigh, or buttock, or the introduction of Masahol being designated the poseur buyer. During the
(b) Will the actions for frustrated parricide and
any object into the genitalia, anus or mouth, of any person, buy-bust operation, Solito opened the trunk of the Toyota
frustrated homicide prosper? (2.5%)
whether of the same or opposite sex, with an intent to abuse , lnnova to retrieve the bag of marijuana to be sold to PO2
humiliate, harass, degrade, or arouse or gratify the sexual desire Masahol. To cut the laces that he had tied the bag with, Solito
of any person, bestiality, masturbation, lascivious exhibition of (A) While the defense of pari delicto is not available in
took out a Swiss knife, but his doing so prompted PO2
the genitals or pubic area of a person”. [Orsos v. People, G.R. criminal cases, but when the facts stated in the notarized
Masahol to e ect his immediate arrest out of fear that he
No. 214673, November 20, 2017] Here, when Mr. O touched agreement between Rafa and Rachel constitute consent on the
would attack him with the knife. PO2 Masahol then
the buttocks of the o ended party, he was animated with part of both of them, it is submitted that the action for
con scated the bag of marijuana as well as the Toyota lnnova.
lewdness; thus acts of lasciviousness was committed. adultery will not prosper otherwise it cannot a ect the private
criminal action for adultery. (a) Two informations were led against Solito in the RTC
- one for forcible abduction with rape, ra ed to
(2018) X. Rafa caught his wife, Rachel, in the act of having (B) Yes. The actions for frustrated parricide and frustrated
Branch 8 of the RTC; the other for illegal sale of
sexual intercourse with Rocco in the maid's room of their own homicide will prosper, and Rafa will be found guilty of these
drugs, assigned to Branch 29 of the RTC. Was Solito
crimes. The penalty, however, that the Trial Court can impose
charged with the proper offenses based on the Banc, People v. Velasquez, G.R. No. 137383-84, November instrument or tool was used (PDEA v. Brodett, G.R. No.
circumstances? Explain your answer. (5%) 23, 2000) in a desolated place e.g. uninhabited grassy upland 196390, September 28, 2011, citing People v. Jose, G.R. No.
(b) While the Prosecution was presenting its evidence in (People v. Caraang, G.R. Nos. 148424-27, December 11, L-28232, February 6, 1971). The Supreme Court further held
Branch 29, Branch 8 convicted Solito. Immediately 2003) or forest (People v. De Lara, GR No. 124703, June 27, that the forfeiture of said instrument or tools, if warranted,
after the judgment of conviction was promulgated, 2000) where she was raped, forcible abduction should be would be part of the penalty prescribed (PDEA v. Brodett,
Solito led in both Branches a motion for the release treated as a necessary means to commit rape, and thus, the supra). Hence, the determination of whether it will be
of the Toyota lnnova. He argued and proved that he crime committed is a complex crime of rape through forcible forfeited could be made only when judgment is rendered.
had only borrowed the vehicle from his brother, the abduction under Art. 48 of the Revised Penal Code.
In this case, the RTC Branch 8 already rendered a judgment of
registered owner. Branch 8 granted the motion but
The charge of sale of dangerous drugs is improper, since this conviction against Solito. Solito was able to prove that the car
Branch 29 denied it. Were the two courts correct in crime is consummated only upon the delivery of the belonged to his brother who was not charged with forcible
their rulings? Explain your answer. (5%)
dangerous drugs to the poseur buyer for a consideration. Since abduction with rape hence, it was correct for the RTC Branch
in this case Solito has not yet delivered the marijuana to PO2 & to order the release of the Toyota Innova to his brother who
(A) The charge of rape through forcible abduction is correct. Masahol when the latter apprehended the former, the crime is not liable for the o ense.
The rule is settled that if the main objective of the accused is to committed is not sale of dangerous drugs but attempted sale
rape the victim, the crime committed is rape even if he On the other hand, Section 20 of R.A. No. 9165 states in part,
of dangerous drugs. In People v. Figueroa (G.R. No. 186141,
abducted her forcefully. Forcible abduction is absorbed. The “[d]uring the pendency of the case in the Regional Trial
April 11, 2012), where the sale was aborted when the police
Court, no property or income derived from the unlawful sale
doctrine of absorption rather than Article 48 of RPC is o cers immediately placed accused under arrest, the crime of any dangerous drug), which may be con scated and
applicable since forcible abduction is an indispensable means committed is attempted sale.
to commit rape (People A Mejoraday, GR No. 102705, July forfeited, shall be disposed, alienated or transferred and the
30, 1993; People 1, Almanzor, G.R. No. 124916, July 11, (B) Yes. The two courts were correct in their rulings. The same shall be in custodia legis and no bond shall be admitted
applicable provisions of law are Article 45 of the Revised Penal for the release of the same.” The Supreme Court ruled that it
2002; People v. Sabúdlab, G.R. No. 175924, March 14, 2012).
If forcible abduction, however, is a necessary means to commit Code and Section 20 of R.A. No. 9165. Under Article 45 of is premature to release the car used in the sale of dangerous
the Revised Penal Code, every penalty imposed for the drugs while the trial is still ongoing The Supreme Court
rape, this is a complex crime proper under Article 48 of RPC
commission of a felony shall include the forfeiture of the explained that the status of the car for the duration of the trial
(People . Jose G.R. No:L-28232, February 6, 1971, People v
Buhos, G.R. No. L-4099, June 25, 1980; People v. Tami, G.R. instruments or tools with which the crime was committed, in the RTC as being in custodia legis is primarily intended to
Nos. 101801-03, May 02, 1995). unless they be the property of a third person not liable for the preserve it as evidence and to ensure its availability as such.
o ense. The Supreme Court ruled that the return of the (PDEA v. Brodeti, supra)
Where the victim was abducted with lewd design and brought instrument or tools to its owner cannot be prevented unless
to a house (People v. Magdaraog, G.R. No. L-40988, April 15, The RTC Branch 29, thus was correct in denying Solito’s
said owner is charged with the o ense for which said
motion… to release the Toyota Innova considering that the
1988; People v. Buhos, G.R. No. L-40995, June 25, 1980, Ex
trial for illegal sale of drugs is still ongoing. words, the second rape should be detached from, and apprehended and brought up on inquest.
considered independently of, that of forcible abduction and,
What charge/s, if any, may he be held responsible for?
(2014) VIII. Pretty was a campus beauty queen who, because therefore, the former can no longer be complexed with the
Explain. (5%)
of her looks and charms, attracted many suitors. Having latter (People V. Jose, G.R. No. L-28232, February 6, 1971;
decided that she would become a nun, Pretty turned down all People v. Garcia, G.R. No. 141125, February 28, 2002).
Canuto may be held liable only for the milder crime of “unjust
her suitors. Guapo, one of her most persistent suitors, could Since there is conspiracy, Guapo and Pogi are responsible not vexation” which is a form of light coercion under Art. 287 of
not handle rejection and one night, decided to accost Pretty as only for the rape each personally committed but also for the the Revised Penal Code. Instead of the crime of acts of
she walked home. Together with Pogi, Guapo forced Pretty rape committed by his co- conspirator (People v. Villa, G.R. lasciviousness although the o ender is known for his
into his car and drove her to an abandoned warehouse where No. L-591, June 30, 1948, 81 Phil 193; People v. Alfaro, G.R. voyeurism.
he and Pogi forced Pretty to dance for them. Later, the two Nos. 136742-43, September 30, 2003, 91 Phil 404).
Our Revised Penal Code inclines towards milder criminal
took turns in raping her. After satisfying their lusts, Guapo
(B) Guapo and Pogi cannot be held liable for the death of responsibility, consistent with the presumption of innocence
and Pogi dropped her o at her house. (4%)
Pretty due to suicide committed by reason of the rapes. under our system applying penal laws. Holding the hip of a
(A) What crime or crimes did Guapo and Pogi Suicide is an intervening cause that breaks the connection person is not per se lascivious but undoubtedly annoys,
commit? between the rapes and death. The death resulting from suicide irritates, and vexed the young o ended party. The attitude to
(B) Pretty, after the ordeal, decided to take her own cannot be considered as the direct, natural and logical prosecute the o ender for the milder crime of unjust vexation
life by hanging herself one hour after the rape. consequence of the rapes committed by Guapo and Pogi. In may be proper considering his age and civil status.
Would Guapo and Pogi be liable for Pretty’s People v. Napudo (G.R. No. 168448, October 8, 2008), the
death? Explain. victim committed suicide due to rape. However, the accused (2010) XV. Suspecting that her husband of twenty years was
was only charged with and convicted of rape. having an a air, Leilanie hired a private investigator to spy on
(A) The crimes committed by Guapo and Pogi are Forcible him. After two weeks, the private investigator showed Leilanie
Abduction with rape. There is no doubt at all that the forcible (2010) VII. A widower of ten years, septuagenarian Canuto a video of her husband having sexual intercourse with another
abduction of Pretty as she walked home was a necessary if not felt that he had license to engage in voyeurism. If not peeping woman in a room of a ve-star hotel. Based on what she saw
indispensable means which enabled them to commit the into his neighbors’ rooms through his powerful single-cylinder on the video, Leilanie accused her husband of concubinage.
successive acts of rape upon her person. It bears noting, telescope, he would trail young, shapely damsels along the
however, that even while the rst act of rape was being Will the case of concubinage prosper? Explain. (3%)
hallways of shopping malls. While going up the escalator, he
performed, the crime of forcible abduction had already been stayed a step behind a mini-skirted one, and in a moment of
consummated, so that the second rape cannot legally be No, a case for concubinage will not prosper because said crime
excitement, put his hand on her left hip and massaged it. The
considered as still connected with the abduction—in other may be committed only by a husband in three (3) ways, viz:
damsel screamed and hollered for help. Canuto was
in a public place and with an audience, negates lewd design or massaging it. The act does not clearly show an exclusively
1) By keeping a mistress in the conjugal dwelling; or
lascivious intent, which is essential in the crime of acts of sexual motivation. The crime he committed is only unjust
2) By having sexual intercourse with a woman not his wife lasciviousness. vexation for causing annoyance, irritation or disturbance to
under scandalous circumstances; or the victim (Art. 287, Revised Penal Code), not acts of
(B) The crime would then be acts of lasciviousness. That the
3) By cohabiting with a woman not his wife in any other place music for dancing had already stopped, puts an end to any lasciviousness (Art. 336, Revised Penal Code).
(Art. 334, RPC). pretense of dancing by Leoncio. His continues dirty acts
The facts of the case given do not constitute any of the absent the dancing as there was no music anymore is patently Special Protection of Children Against Child
situations above stated. lewd and lascivious. More so, Evelyn already protested Abuse, Exploitation, and Discrimination Act
Leoncio‟s lewd acts in the course of dancing. So where the RA 7610, as amended
(2009) XVIII. At the Maligaya Disco Club, Leoncio and dance ended, Leoncio‟s continued dirty acts cannot be veiled
Evelyn were intimately dancing a very seductive dance as still part of dancing. (2022) 13. Joben, a school principal, called high school
number. While gyrating with their bodies, Leoncio dipped his students Paula and Gina, both 15 years old, to the faculty
private parts in Evelyn’s buttocks. Incensed, Evelyn protested, (2006) XI. Eduardo Quintos, a widower for the past 10 years, room regarding the sexual text message circulating around
but Leoncio continued and tightly embraced her. felt that his retirement at the age of 70 gave him the campus which made reference to Joben’s daughter. In front of
opportunity to engage in his favorite pastime - voyeurism. If teachers and some students, Joben shouted at Paula and Gina,
a. What crime or crimes, if any, did Leoncio
not using his high-powered binoculars to peep at his asking them who sent the said text message. Joben also
commit? Explain. (3%)
neighbor's homes and domestic activities, his second choice threatened to sue them and said: “Siguro nainggit kayo sa anak
b. Would your answer be the same if, even after the
was to follow sweet young girls. One day, he trailed a teenage ko kasi maganda sya, matalino at mayaman. Sabihin nyo kasi sa
music had stopped, Leoncio continued to dance
girl up to the LRT station at EDSA-Buendia. While ascending mga magulang nyo magsumikap sila para maging mayaman
dirty, rubbing his private parts on Evelyn’s
the stairs, he stayed one step behind her and in a moment of din kayo. Di yung tatamad-tamad.” Joben then raised her
buttocks? Explain. (3%)
bravado, placed his hand on her left hip and gently massaged middle nger in front of Paula and Gina, saying “Mga burikat
it. She screamed and shouted for help. Eduardo was arrested (whore)!”
(A) Leoncio committed the crime of unjust vexation only
and charged with acts of lasciviousness. Later that day, Paula and Gina narrated the incident to their
because the act was done in the course of dancing. The act of
dipping his private part of a dirty dancing. The act of dipping Is the designation of the crime correct? 5% parents and said that they were ashamed of going back to
his private parts in Evelyn‟s buttocks during a very seductive school.
dance, although o ensive to Evelyn, may be viewed as part of a The designation of the crime as acts of lasciviousness is not Is Joben guilty of violating Section 10(a) of Republic Act
dirty dancing. Lewd intent cannot simply be presumed from correct. There is no lewd design exhibited by Eduardo when No. 7610 for other acts of child abuse? Explain briefly.
the act of dirty dancing. The fact that the act was perpetrated he placed his hand on the left hip of the victim and gently
No, Joben is not guilty of violating Sec 10(a) of RA 7610. Explain briefly. (7%) briefly.
Escolano v. People, G.R. No. 226991. December 10, 2018, Raissa committed bigamy for contracting a second marriage Only Czarina is liable for the crime of Cyberlibel.
teaches that Section 10(a) of R.A. No. 7610 requires an intent while her rst marriage is still subsisting (Art. 349, RPC). She
to debase, degrade, or demean the intrinsic worth of a child Under the RPC, libel is de ned as a "public and malicious
is also guilty of perjury for making untruthful statements
victim. In that case, the Court ruled that the petitioner had imputation of a crime, or of a vice or defect, real or imaginary,
under oath or executing an a davit upon a material matter, or any act, omission, condition, status, or circumstance
no intention to debase the intrinsic worth and dignity of the when she declared she was not married in the application for
child. It was rather an act carelessly done out of anger. tending to cause the dishonor, discredit, or contempt of a
marriage license a public document (Art. 171, RPC). Lastly, natural or juridical person, or to blacken the memory of one
Here, Joben shouted invectives at Paula and Gina after she is also guilty of adultery (Art. 333, RPC) for having sexual who is dead." Under RA No 10175, the crime is cyberlibel if
learning that a sexual text message pertaining to her daughter intercourse with Juan, although she is a married woman.
libel is committed through a computer system. Disini vs.
was circulating. She committed the act out of anger and not Secretary of Justice. G.R. No. 203335, February 11, 2014 has
intended to debase the intrinsic worth of Paula and Gina. M Crimes Against Honor ruled that those who merely react to a libelous post are not
Therefore, for shouting invectives at Paula and Gina out of liable.
anger, Joben is not guilty of violating Sec 10(a) of RA 7610. (2022) 10. During the 2022 national elections, Bern posted Here, Czarina posted libelous comments against Alfredo that
on her Facebook page a statement that Alfredo, an incumbent tended to cause him dishonor. Bern on the other hand merely
Crimes Against the Civil Status of mayor vying for re-election, has a pending corruption case posted a fact that a corruption case is pending against Alfredo.
L with the Sandiganbayan for pocketing Php 20,000,000.00 of
Persons Donnabel and Justine merely reacted and shared the post
public funds under his custody. Czarina, Bern’s friend, saw without making any comments themselves.
(2008) XII. Raissa and Martin are married to each other but the post and commented online, stating: “Bhie, true yan.
Thus, only Czarina committed the crime of cyberlibel.
had been separated for the last ve years. Raissa decided to wed Alfredo is so corrupt. Marami ding binabahay yan. Sugarol
Juan, her suitor. Who had no inkling that she was married. pa!” Donnabel, also Bern’s friend, reacted to Bern’s post by
clicking the “like” button. Another person, Justine, who is a (2019) A.7. Mr. L is a newspaper reporter who writes about
Raissa and Juan accomplished an application for marriage
stranger to Bern and her friends, but who claims to be a news items concerning the judiciary. Mr. L believed that
license which they subscribed and swore to before the Local
crusader for good governance, came across the said post. members of the judiciary can be criticized and exposed for the
Civil Registrar. Raissa declared, in the application, that she is
Finding it relevant to her advocacy and crusade, Justine shared prohibited acts that they commit by virtue of the public
single. The marriage licensed was issued. In due time, the
the link to Bern’s post on her Twitter account. nature of their o ces. Upon receiving numerous complaints
couple were married by the mayor. Raissa and Juan had their
from private citizens, Mr. L released a scathing newspaper
rst sexual intercourse later in the evening. Who among Bern, Czarina, Donnabel, and Justine, if
expose involving Judge G and his alleged acts constituting
What crime or crimes, if any, did Raissa commit? any, are liable for the crime of Cyberlibel? Explain
graft and corruption. Consequently, Mr. L was charged with
the crime of Libel. publication of a libelous article on an online news platform, still be held liable for libel if actual malice is shown. In fair
and the penalty to be imposed shall be one (1) degree higher comment, actual malice can be established by showing that
In response, Mr. L contended that truth is a valid defense in
Libel and in this relation, claimed that he was only exposing than that provided under the RPC, pursuant to Section 6 comment was made with knowledge that it was false or with
the truth regarding Judge G's misdeeds. Further, Mr. L thereof. reckless disregard of whether it was false or not (Guingguing v.
contended that in any event, his expose on Judge G is based on the Honorable Court of Appeals, G.R. No. 128959,
the complaints he received from private citizens, and as such, (2016) XVI. A is the president of the corporate publisher of September 30, 2005).
should be deemed as a mere fair commentary on a matter of the daily tabloid, Bulgar; B is the managing editor; and C is the Journalists bear the burden of writing responsibly when
public interest. author/writer. In his column, Direct Hit, C wrote about X, practicing their profession, even when writing about public
the head examiner of the BIR-RDO Manila as follows: gures or matters of public interest. The report made by C
(a) Are the contentions of Mr. L tenable? Explain.
(3%) "Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T describing a lawyer in the Bureau of Customs as corrupt
(b) What is the effect on the criminal liability of an shirt niya ay napaka suwapang na buwaya. Ang nickname niya cannot be considered as “fair” and “true” since he did not do
ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer research before making his allegations, and it has been shown
accused if he or she publishes a libelous article on
an online news platform? Explain. (2%) at ang para sa RP ay 10% lang. Kaya ang baba ng collection ng that these allegations were baseless. The articles are not “fair
RDO niya. Masyadong magnanakaw si X at dapat tanggalin and true reports,” but merely wild accusations. He has written
itong bundat na bundat na buwaya na ito at napakalaki na ng and published the subject articles with reckless disregard of
(A) Mr. L’s contention that truth is a valid defense in libel is
kurakot." whether the same were false or not (Erwin Tulfo v. People,
tenable. Under Art. 361 of the RPC, if the defamatory
G.R. No. 161032, September 16, 2008).
statement is made against a public o cial with respect to the A, B and C were charged with libel before the RTC of Manila.
discharge of his o cial duties and functions, and the truth of The three (3) defendants argued that the article is within the A, president of the publishing company, B, managing editor,
the allegations is shown, the accused will be entitled to an ambit of quali ed privileged communication; that there is no and C, writer of the defamatory articles, are all liable for libel.
acquittal even though he does not prove that the imputation malice in law and in fact; and, that defamatory comments on Under Article 360 of the Revised Penal Code, the publisher,
was published with good motives and for justi able ends the acts of public o cials which are related to the discharge of and editor of newspaper, shall be responsible for the
(Lopez v. People, G.R. No. 172203, February 14, 2011). their o cial duties do not constitute libel. defamations contained therein to the same extent. The law
makes the publisher and editor liable for libel as if they were
(B) The accused may be liable under RA 10175, or the Was the crime of libel committed? If so, are A, B, and C
the author (Tulfo v. People, supra).
Cybercrime Prevention Act of 2012. Under Sec. 4(c)(4), a all liable for the crime? Explain. (5%)
cybercrime o ense includes the unlawful or prohibited acts of
libel as de ned in Art. 355 of the RPC committed through a (2013) I.IV. In her weekly gossip column in a tabloid, Gigi
Yes. The crime of libel is committed. Fair comment on acts of
computer system or any other similar means which may be wrote an un attering article about Pablo, a famous singer, and
public o cers related to the discharge of their duties is a
devised in the future. Thus, RA 10175 penalizes the his bitter separation from his wife. The article portrayed Pablo
quali ed privileged communication, hence, the accused can
as an abusive husband and caused him to lose lucrative

I will advise Anglina to le a criminal case of libel against Criminal Negligence
endorsement contracts. Pablo charged Gigi with libel. In her Bettina because the imputations made by Bettina is libelous.
defense, Gigi countered that she did not commit libel because Whether the imputation of a defect, status or condition is real (2022) 11. On May 15, 2013 at around 3:00 a.m., Lucy,
Pablo has attained the status of a public gure so that even his or imaginary, if it publicly tend to discredit, dishonor or place Mary, and Raphael were on board a passenger jeepney, with
personal life has become a legitimate subject of public interest in contempt or ridicule a particular person who is identi ed, Raphael behind the wheel. They were traversing the highway
and comment. the imputation I presumed by law to be malicious and thus on the southbound lane.
Is Gigi correct? (7%) penalized as libel under Art. 355 of the Revised Penal Code. Meanwhile, a Virgen Bus, driven by Kiko, was traveling along
Moreover, if Bettina is engaged in similar line of trade, her the northbound lane. Kiko overtook the vehicle in front of
No. Gigi is not correct. statement against the goods sold by Angelina may constitute a him, which caused him to occupy the opposite lane where the
Gigi was attacking the personal life of Pablo as a husband and violation of the law on Unfair Competition (Rep. Act No. jeepney was on. With the Virgen Bus traveling at a high speed,
not his public life as a famous singer. She portrayed Pablo as an 8291). Raphael tried to avoid the collision but failed. The bus hit the
abusive husband that caused him to lose lucrative jeepney which resulted in Raphael’s death, serious physical
endorsement contracts. Such defamatory utterances are not injuries to Lucy and Mary, and extensive damage to the
(2005) XV. In an interview aired on television, Cindee
protected. Any attack upon the private character of a public jeepney amounting to Php 500,000.00.
uttered defamatory statements against Erika, a successful and
gure on matters which are not related to their works would reputable businesswoman. The public prosecutor led two Informations charging Kiko
constitute libel. (Sazon vs. CA, GR 120715, March 29, 1996; for two separate o enses:
What crime or crimes did Cindee commit? Explain.
Fermin vs. People, GR 157643, March 28, 2008)
(3%) (i) Reckless Imprudence resulting in Serious Physical
Injuries for the injuries su ered by the passengers; and
(2010) XI. Angelina maintains a website where visitors can
Cindee committed libel for uttering defamatory remarks (ii) Reckless Imprudence resulting in Homicide and
give their comments on the posted pictures of the goods she tending to cause dishonor or discredit to Erika. Libel can be Damage to Property for Raphael’s death and the damage
sells in her exclusive boutique. Bettina posted a comment that committed in television programs or broadcasts, though it was to the jeepney.
the red Birkin bag shown in Angelina’s website is fake and that
not speci cally mentioned in the article since it was not yet in
Angelina is known to sell counterfeit items. Is the public prosecutor correct? Explain briefly.
existence then, but is included as "any similar means."
Angelina wants to le a case against Bettina. She seeks your Defamatory statements aired on television is similar to radio,
advice. theatrical exhibition or cinematographic exhibition, which are No, the public prosecutor is not correct as the charge should
only be Reckless Imprudence resulting in Homicide, Serious
What advice will you give her? (4%) among the modes for the commission of libel. (Arts. 353 and
Physical Injuries and Damage to Property.
355, RPC)
Ivler v. Modesto has ruled that prosecutions under Article 365
should proceed from a SINGLE charge regardless of the

number or severity of the consequences.
Here, Kiko committed one single act of reckless imprudence
that resulted in the death of Raphael, injuries to Lucy and
Mary, and extensive damage to the jeepney. Therefore, Kiko
should only be charged with one count of Reckless
Imprudence, resulting in Homicide, Serious Physical Injuries,
and Damage to property.
(2008) III. Olimpio caught a cold and was running a fever.

His doctor prescribed paracetamol. Olimpio went to a drug
store with the prescription, and the pharmacist sold him
three(3) tablets. Upon arriving home, he took a tablet. One
hour later, he had a seizure and died. The autopsy showed that
the tablet he had taken was not paracetamol but a pill to which
he was allergic. The pharmacist was charged with murder.
Is the charge proper? If not, what should it be? Explain.
(6%)
The charge was improper. The pharmacist should be charged

with criminal negligence, or reckless imprudence resulting in
homicide, because there was not intent to kill Olimpio. The
accused inexcusably lacked precaution in failing to dispense
the proper medicine to the victim which caused his death (Art.
365, RPC).

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Criminal Law

Past Bar Questions and Answers | 2005 - 2022

probation. petition for probation. a) What is the proper period of probation?

Mr. Gulang as a private individual without a co-accused, who

of postdating checks in payment of an obligation was the

as an abusive husband and caused him to lose lucrative

should proceed from a SINGLE charge regardless of the

(2008) III. Olimpio caught a cold and was running a fever.

The charge was improper. The pharmacist should be charged

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