Criminal Law 2

Professor Jedrek Ng

1. The inter-island vessel M/ V COVID Lines I, while cruising off Batanes,

was forced to seek shelter at the harbor of Kaoshiung, Taiwan because
of a strong typhoon. While anchored in said harbor, Kiko, Willy and
Tito arrived in a speedboat, fired a bazooka at the bow of the vessel,
boarded it and divested the passengers of their money and jewelry.
What crime was committed if any? Explain

2. Bonbon, a rich politician, convinced Lenny, a clerk of court, to issue an

order of release for Ishko, Bonbon’s cousin who is serving sentence on
final judgment for a drug charge. After receiving PHP 500,00.00, Lenny
forged the signature of the Judge on the order of release and
accompanied Bonbon to jail. Afterwards, Lenny gave the guard PHP
10,00.00 to let Ishko out. Thus, Ishko was able to escape.
What were the crimes committed by Bonbon, Lenny and Ishko?

3. After a successful entrapment operation by the Philippine Drug

Enforcement Agency, Mr. D, a known drug pusher, was arrested for
having been caught in flagrante delicto selling a pack of shabu, a
prohibited drug, to the poseur buyer. The pack of shabu was
inventoried and photographed at the place of arrest. Throughout the
process, a media representative was able to witness the conduct of the
marking, inventory and photography of the seized items in the presence
of Mr. D.

Mr. D was then charged with the crime of Illegal sale of dangerous
drugs. In defense, he claimed that the chain of custody was not followed
because only a media representative was present. In response, the
prosecution maintained that the said media representative was a very
credible reporter. As such, the presence of any other witnesses were
unnecessary.
 A) Was the chain of custody procedure validly complied in this case? If
not, was the deviation from such procedure justified? Explain.

B) What is the consequence of an unjustified deviation from the chain of

custody rule to the criminal case against Mr.D? Explain

4. A and his fiancee B were walking in the plaza when they met a group of
policemen who had earlier been tipped off that A was in possession of
prohibited drugs. Upon seeing the policemen and sensing that they were
after him, A handed a sachet containing shabu to his fiancee B, telling
her to hide it in her handbag. The policemen saw B placing the sachet
inside her handbag. If B was unaware that A was a drug user or pusher
or that what was inside the sachet given to her was shabu, is she
nonetheless liable under the Dangerous Drugs Act?

5. During a military uprising aimed at ousting the duly constituted

authorities and taking over the government, General Corona and his
men forcibly and quickly took over the entire Camp Crame which they
used as their base. They used all the facilities of the camp and detained
some of the employees.

What crime did General Corona and his men commit? Explain.

6. Ms. L, Dean of a prestigious private school, caught K, one of her

students, vandalizing one of the school’s properties. Ms. L called K’s
attention and proceeded to scold him, causing a crowd to gather around
them. Embarrassed with the situation, K attacked Ms. L by repeatedly
punching her on the face. Just as K was about to strike Ms. L again, J
another student intervened. K then turned his anger on J and also hit
him repeatedly, causing him physical injuries.

What crimes did K commit under the Revised Penal Code for his acts
against Ms. L and J. Explain.

7. On October 1, 2020, during an operation conducted in Quiapo, Manila,

Cardo, a member of the Anti-Terrorism Unit of the NBI successfully
arrested Koko, a suspected terrorist leader believed to be responsible
 for the Marawi siege. The Anti-terrorism Council granted authority to
the said NBI unit to investigate Koko. On October 13, 2020, Koko was
still under investigation inside the NBI Headquarters in Taft Avenue,
Manila. The lawyer of Koko Atty. Badon threatened to file criminal
charges against Agent Cardo and his team for Delay in the delivery of
detained persons under Article 125 of the Revised Penal Code. Will the
charges prosper against Cardo and his team? Why or why not?

8. Gerald and Bea approached Mayor Vico and requested him to

solemnize their marriage. Mayor Vico agreed. Gerald and Bea went to
Mayor Vico's office on the day of the ceremony, but Mayor Vico was
not there. When Gerald and Bea inquired where Mayor Vico was, his
chief of staff Donato informed them that the Mayor was campaigning
for the coming elections. Donato told them that the Mayor authorized
him to solemnize the marriage and that Mayor Vico would just sign the
documents when he arrived. Donato thereafter solemnized the marriage
and later turned over the documents to Mayor Vico for his signature. In
the marriage contract, it was stated that the marriage was solemnized
by Mayor Vico. What crime(s) did Mayor Vico and Donato commit?
Explain.

9. AA was arrested for committing a bailable offense and detained in

solitary confinement. He was able to post bail after two (2) weeks of
detention. During the period of detention, he was not given any food.
Such deprivation caused him physical discomfort. What crime, if any,
was committed in connection with the solitary confinement and food
deprivation of AA? Explain your answer.

10.Martin, a Grabfood courier service driver was on his way to deliver

porridge to a house located in Barangay 177, San Jose, Bulacan. Upon
entering the premises of the said Barangay, a barangay official named
Ms. Paz barred him from entering. She explained that curfew hours
issued by local ordinance and National resolutions by IATF are strictly
enforced in their area. Martin ignored the said official, he slightly
nudged Ms.Paz out of the way and proceeded with his delivery. What
crime did Martin commit if any?
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