CRIMINAL LAW 1

nd
2 QUARTER EXAMINATIONS

INSTRUCTIONS

1. Breathe. Remember that this is not the first exam you have taken. Before
flipping this page, take the time to put your mind and emotions in a safe
space. Your anxiety and panic will show in your answers if you do not
collect yourself. Trust me, you will do better if you just put your mind at
ease.

2. Each question of this exam would require you to provide for a legal basis for
your answer. Be direct in providing this legal basis. Any answers that do not
highlight their legal basis will merit lesser points even if they sound correct.

3. Please number you answers. Below is a suggested format:

I
So, this is me swallowing my pride. Standing in front
of you sating, “I’m sorry for that night”. And I go
back to December all the time. It turns out freedom
ain’t nothing but missing you.

4. Should you wish to change your answer, just draw a line over the words you
wish to change. Do not fold any pages, blacken any letters, or put a big “x”
on the page. Your booklets should likewise be free from markings. Any
notes such as “Atty. My answer is in the last page” or any other markings
would be reducing your score.

5. Do not forget to fill-out the exam card and insert it in the envelope in the last
flap of this booklet. If you have any form of adhesive, you may seal the
envelope.

6. You may mark this questionnaire. After the exam, go home. Do not try to
discuss your answers with your classmates. There is no point in this
unnecessary debate when you know the results will almost be immediately
given to you.

7. Good luck and chill.

-Bndg.
 I

Middle Ground Investment Group (MGIG) is a multi-level marketing business that

engages itself in the sale of health supplements. Income by members are derived
primarily in recruitment of new members. In social media, the business of MGIG is
being advertised by Andrea, a social media influencer. Andrea was not an
employee of MGIG and was engaged only on a one-time contract to advertise
MGIG. Later, the Securities and Exchange Commission issued a resolution stating
the MGIG cannot seek investment from the public and that it could be a scam.
Elaine, an investor, now sues the officers of MGIG and included Andrea for
Syndicated Estafa, alleging that Andrea is part of the criminal conspiracy. Is the
suit against Andrea proper?

II

Late in the evening, in a night club, a rumble ensued. Multiple individuals were
punching at each other, some throwing chairs, and others striking others with beer
bottles. After the chaos, it was discovered that one man, identified as Nico, was
killed. The police were quick to arrest Albert, Nicole, Gina, Bert, and Lorenz.
These people were identified in the CCTV footage as part of the commotion.
However, the police admit that the arrested individuals were not identified to be the
ones who caused the death of Nico. The police argue that they are all liable for
Nico’s death as there was implied conspiracy as they were present in the scene
where the crime happened. Is the argument of the police meritorious?

III

Andrew, Bernard, and Charlie had agreed to rob the house of Sheena. While in the
house, the following things happened:

 Andrew broke the lock of a door which led to the kitchen. Bernard and
Charlie were not present at this time;
 Bernard shot and killed one of the helpers of Sheena, Manang Jenny.
Andrew and Charlie did not see as they were looking for valuables in the
house;
 Charlie went to the room of Sheena and proceeded to rape her. Andrew saw
this but did not mind it as he continued looting the house. Bernard saw this
and decided to stop Charlie;
  As they were leaving the place, Bernard burned a curtain causing the house
to burn. Smoke from the fire reached the neighbor’s house causing a baby to
die from carbon monoxide poisoning.

Discuss the liability of Andrew, Bernard, and Charlie for each of the instances that
happened during the robbery.

IV

Paolo purchased from Nimfa a lot located in Guiwan, Zamboanga City. Paolo did
not have the original copy of the title of the property and only had a photocopy of
it. Nonetheless, the parties executed a Deed of Absolute Sale which was notarized
by Atty. Lopez. When Nimfa took possession of the property, she discovered that
Paolo was not the owner of the property and that he just presented a falsified
document showing his ownership. Nimfa now sues Paolo for estafa and Atty.
Lopez as an accessory to the crime. Will the suit against Atty. Lopez prosper?

Aileen works as an in-call masseuse for Amethyst Spa. Aileen will be given clients
by the supervisor of the day. She will likewise be brought to the place where she
would meet the client by the same supervisor. After the session, she would be the
one to bring herself back to the spa. One day, the supervisor of the day was James.
James assigned a client named “Henry” to Aileen. James brought Aileen to the
hotel that was arranged by “Henry”. After a few hours, however, Aileen did not
come back to the spa. It turns out that Aileen was raped and killed by “Henry”.
With “Henry” not being able to be located, the family of Aileen sues James for her
rape and murder. They alleged that James’s participation is indispensable to the
crime committed by “Henry”. Will the action prosper?

VI

Tasha was caught by the CCTV camera of Heaven’s Bakery stealing the cellphone
of the store clerk. This was reported to the police who immediately conducted an
investigation which resulted to the arrest of Tasha. In the course of the
investigation, the following persons became involved:

(a) Nish, the sister of Tasha, attempted to misdirect the police from their house
by pointing them to the direction of another house;

(b) Elaine, daughter of Tasha, sold the cellphone to a used-cellular phone

vendor, John. John is now displaying the cellphone for sale to the general
public; and
 (c) Ron uploaded the CCTV footage which became a viral meme that yielded
him advertising income online.

Amongst the foregoing, who shall be held criminally liable as accessories to the
crime committed by Tasha? Explain.

VII

James ordered Ken and Ray to kidnap and take to him Elaine, an upcoming model.
Ken and Ray successfully took Elaine but noticed her beauty. This led to Ken
suggesting that they rape Elaine before they give her to their boss. Then, Ken and
Ray took Elaine into a safe house. Ray then held Elaine by the arm, while Ken
proceeded to rape her. After Ken’s carnal knowledge, Ray declined to have sexual
conduct with Elaine and suggested that they bring her to their boss. They both
agreed and thus, they bought Elaine to James.

(a) What criminal liability would James and Ray have in relation with the rape
done by Ken against Elaine?

(b) In relation with the rape is the degree of participation of James, Ken, and
Ray?

VIII

Excited for his first buy-bust operation, Police Officer Carlo arrested Wally
immediately after the latter handed him a sachet of suspected methamphetamine
hydrochloride. However, Police Officer Carlo was not able to hand Wally the
supposed marked money for Two Hundred Pesos. Now, Wally is being charged of
Selling Dangerous Drugs as punished by the Comprehensive Dangerous Drugs Act
or Republic Act No. 9165. Wally questions the charge claiming that selling
dangerous drugs would require the presence of sale, as he did not receive the
money, there is no sale hence, the impropriety of the charge. Police Officer Carlo
argues that this interpretation is wrong arguing that RA 9165 is mala prohibita and
that there is clear manifestation of the intended sale. Rule on the arguments.

IX

Johnny, overcome with lust, removed his pants while a half-naked Jolina was in
bed. Johnny announced loudly that “he will give his best performance of love-
making to Jolina”. This woke Jolina. As Jolina saw the naked Johnny, she
screamed and hurriedly ran away from him. Johnny gave chase until neighbors saw
him and reported him to barangay officials. Still naked, Johnny was arrested.

(a) Johnny is now being charged of the crime of attempted rape. Is the charge
against him proper? Explain why or why not?

(b) Assuming that while in the chase, a dump truck accidentally ran over Jolina
causing her immediate death. What crime or crimes are committed by
Johnny? Explain.

Zack posted the following in Facebook:

“Tang-ina mo. Gago ka talaga Pura ang bastos mo sa panginoon. Sana

mamatay ka ng bruha ka salot sa lipunan! Baklang putang ina walang
contribution sa society sana mamatay ka na at lahat ng mahal mo sa
buhay.”

This post was deleted by Zack after an hour but screen captures were taken by
friends of Pura. Pura now sues Zack for cyber libel. For his defense, Zack raises
that (a) at most he committed an attempted crime as Pura was not able to read it
personally and (b) there can be no crime appreciated against him as he voluntarily
desisted in the commission of the crime by deleting the post. Are the defenses
raised by Zack tenable?

XI

Nina was raped by Kanor. Kanor, with a knife in hand pointed Nina’s neck,
removed Nina’s underwear and proceeded to have carnal knowledge upon her
person. From there, Kanor removed his organ, and ordered Nina to go to bed. In
the bed, Kanor proceeded to again have carnal relations with Nina. After a few
minutes, Kanor again order Nina to lie on her chest. Kanor then proceeded to
penetrate his organ to the anal orifice of Nina. What crime or crimes will Kanor be
liable for?
 XII

Nike Corporation is the registered trademark owner of “NIKE”. XYZ Concept

Store sells allegedly “Unauthorized Authentic” products bearing the trademark
“NIEK” which was deceptively-styled similar to the the trademark owned by Nike
Corporation. As such, Nike Corporation instituted a case for trademark
infringement against XYZ Concept Store. A raid was then conducted yielding the
confiscation of the following (1) 49 shoes bearing the “NIEK” logo; (2) 145 T-
Shirts bearing the “NIKE” logo and trademark; and (3) Bags bearing the “NIKE”
logo. XYZ Concept Store now is faced with the criminal case of Trademark
Infringement under the Intellectual Property Code. How many crimes can be
attributed to XYZ Concept Store?

XIII

Due to a traffic altercation, Maximo got hold of his gun and started shooting at
Traffic Enforcer Yael. Maximo stopped after police apprehended him. Fortunately,
Yael only sustained non-fatal injuries from the incident. Maximo is now being
charged of the crime of Direct Assault with Serious Physical Injuries.

(a) Maximo contends that he is being charged of two crimes for a single act
which is a violation of his right against double jeopardy. Is this contention
meritorious? Explain.

(b) He further argues that will be imposed against him would be significantly
higher as he is being tried for two separate crimes. Is this contention
meritorious? Explain.

XIV

Pedro and Maria were in a relationship for more than five (5) years. As they have
been together for a number of years already, they agreed to get married. However,
a friend of Maria, Marites, told her that Pedro was already married. When Maria
confronted Pedro, he presented to her a Certificate of No Marriage issued by the
Civil Registrar. The document showed that Pedro is not married. Thus, the
wedding proceeded. A year into the marriage, Rose went to talk to Maria. Rose
showed to her a Marriage Certificate showing that she was married to Pedro. Rose
further told Maria that the Certificate of No Marriage was a falsified document.
Now, Pedro is facing criminal charges for the falsification of the Certificate of No
Marriage and bigamy for the second marriage with Maria. If you were the
prosecutor, what would be the proper charge against Pedro?
 XV

Mark, Matt, and Miles were robbing a store in Nunez Street. As a number of
people saw the incident, the police were immediately alerted. As the police came,
Mark, Matt, and Miles started shooting at them. Eventually, the trio were arrested.
However, one of the police officers, Police Officer Tym, was shot in the head and
died.

(a) What crime or crimes did Mark, Matt and Miles commit?

(b) Will your answer be the same if instead of the police arriving at the scene to
apprehend them, the attempt to arrest happened one hour later, at the safe
house of the Trio? There was still a shootout and Police Officer Tym still
died.

XVI

Kimmy is a famous actress. One of her biggest fans, Gelo became obsessed of her
and wanted to keep her for to satisfy his beastial urges. While Kimmy was being
driven to a fan meet in Ortigas, Gelo blocked her car. He approached the driver
side and shot the driver causing his immediate death. Gelo then took possession of
the car and drove Kimmy to a safe house in Laguna. Arriving there, Gelo burned
the car as to remove any trace of evidence against him. While in Laguna, Gelo
tried his best to calm and court Kimmy. However, out of fear, Kimmy rejected his
advances. Then one day, as his lust was already uncontrollable, Gelo raped Kimmy.
A few days thereafter, police officers were able to arrest Gelo and save Kimmy.

(a) What crime or crimes were committed by Gelo?

(b) Assuming that Kimmy did not survive and died while in capativity, what
crime or crimes were committed by Gelo?

XVII

Kelly, a paralegal of Atty. Jose, showed a demand letter to Matthew. The demand
letter contained a demand to pay the amount of 250,000.00 and an authorization
that Kelly may receive it on behalf of Atty. Jose. Matthew readily obliged payment
to Kelly. A few days later, Atty. Jose called Matthew about his balances to the
office. Matthew informed Atty. Jose that he made payments with Kelly. As it turns
out, Kelly was already fired by Atty. Jose and that the demand letter was a falsified
document. It turns out that Kelly falsified the demand letter in order for her to
defraud Matthew. Now, a case is being prepared by Atty. Jose and Matthew. Which
of the two cases (1) Estafa by Misrepresentation or (2) Estafa by Misrepresentation
with Falsification of Private Documents, would be the proper case against Kelly?

XVIII

Supreme Leader Hezekiah is the leader of Supreme Heaven Religious Organization

(SHRO). For all intents and purposes, SHRO is a cult with a charismatic leader in
Hezekiah. Hezekiah would perform “miracles” and post it online to the belief of
his followers. However, it was discovered by the National Bureau of Investigation
that Hezekiah has been performing sexual parties in the guise of it being a sacred
ceremony. One night, as a one of this ceremony was being conducted, Andre, while
engaging in sexual relations with Paula, a minor, caused the latter’s heart attack.
Undercover agents then arrested Andre and Hezekiah.

(a) What crime or crimes, if any, would be committed by Andre?

(b) What crime or crimes, if any, would be attributable to Hezekiah and if there
are any, in what degree of participation will he be liable?

XIX

While serving imprisonment in San Ramon for the crime of plunder, Jacob became
a member of the PPP Gang. As a member of the gang, Jacob commits several
illegal acts inside San Ramon. One of the illegal acts he committed inside was
stabbing and killing another inmate named Peter, the leader of the rival KXK
Gang. Now, Jacob is being prosecuted for the crime. Will his prior conviction have
any effect to the case now pending against him?

XX

When Erick was 20 years old, he was convicted of the crime of theft and was
sentenced to an imprisonment of 6 years. While serving his sentence, he was being
prosecuted for estafa. 2 years before he serves his sentence, he was convicted for
the estafa case. He was imprisoned for another 6 years. Now, he is 40 years old and
has seemingly moved on from his past criminal life. However, one night, while
drinking, Erick was had a fist fight with a neighbor. Within a year, he was
convicted of the crime of serious physical injuries.

(a) In his second conviction, was Erick considered a habitual delinquent? If yes,
explain. If no, is there any other status attributable to Erick?
 (b) In his third conviction, was Erick considered a habitual delinquent? If yes,
explain. If no, is there any other status attributable to Erick?

-nothing follows-
NB: An additional point will be added to your grade (final adjusted grade for the
exam, if ever)