1.

Impossible crime exists when a person performs an act in which would be a

crime against persons or property but the intended crime is not accomplished
because of its inherent impossibility or inadequate or ineffectual. Offender must
believe that he can consummate the intended crime, a man stabbing another
who he knew was already dead cannot be liable for an impossible crime. Another
thing is the law intends to punish the criminal intent and there is no attempted or
frustrated impossible crime. When we say inherent impossibility, this means that
under any and all circumstances, the crime could not have materialized. If the
crime could have materialized under a different set of facts, employing the same
mean or the same act, it is not an impossible crime; it would be an attempted
felony. For example, A thought that B was just sleeping. B was already dead and
after that A shot B. In this case, A is liable for impossible crime. If A knew that B
is dead and he still shot him, then A is not liable. Impossible crime can be
committed by employment of inadequate means and ineffectual means. For
example, A used poison to kill B. However, B survived because A used small
quantities of poison, this is inadequate means. Another example, A aimed his
gun at B. When he fired the gun, no bullet came out because the gun was empty.
A is liable for impossible crime that is ineffectual means. The essential elements
of an attempted felony are when the offender commences the commission of the
felony directly by overt acts. He does not perform all the acts of execution which
should produce the felony. Third, the offender's act be not stopped by his own
spontaneous desistance and lastly, the non-performance of all acts of execution
was due to cause or accident other than his spontaneous desistance. For
example, A put poison in B's food. B threw away his food. A is liable attempted
murder. For a felony to be considered frustrated, several elements must be
present. It should be consist of the offender must have performed all the acts of
execution. All these acts would produce the felony as a consequence. The felony
is not produced. The reason the felony is not produced is due to causes
independent of the will of the perpetrator. For example, A inflicted a mortal
wound on B. B managed to survive because brought to the hospital in a hurry.
This will become frustrated felony because every action is performed and it
produces a felony and when somebody brought B to the hospital is independe of
the will of the perpetrator.
2. The crime committed by Enrico, his mother, and his brother is Kidnapping and
Serious Illegal Detention. Kidnapping refers to the act of forcible transportation or
abduction of individuals against their will. The essence of serious illegal detention
is the actual deprivation of the victim’s liberty, coupled with the indubitable proof
of intent of the accused to effect such deprivation-it is enough that the victim is
restrained from going home. It contemplates situations where the victim is
restricted or impeded in one’s liberty to move. In order for the accused to be
guilty of serious illegal detention, the following elements must concur: (a) the
offender is a private individual; (b) he or she kidnaps or detains another, or in any
manner deprives the latter of his liberty; (c) the act of detention or kidnapping
must be illegal; and (d) in the commission of the offense any of the following
circumstances is present: (1) the kidnapping or detention lasts for more than
three days; (2) it is committed by simulating public authority; (3) any serious
physical injuries are inflicted upon the person kidnapped or detained or threats to
kill the victim are made; or (4) the person kidnapped or detained is a minor,
female, or a public officer. Since we can assume Aurora is a female, we can say
that the crime they committed is Kidnapping and Serious Illegal Detention. The
mode of the commission of the crime is Kidnapping for ransom. If the victim is
kidnapped and illegally detained to extort ransom, the duration of his detention is
immaterial. Ransom means money, price or consideration paid or demanded for
the redemption of a captured person that would release him from captivity. No
specific form of ransom is required to consummate the felony of kidnapping for
ransom as long as the ransom was intended as a bargaining chip in exchange for
the victim’s freedom. Whether or not the ransom is actually paid to or received by
the perpetrator is of no moment.
3. The crime committed by Daniel is homicide since there are no qualifying
circumstances. In order that a crime may be considered double homicide, in
accordance with the provisions of Art. 48 of the Revised Penal Code, it is
necessary that it be the result of a single act, as in the case of killing two persons
at the same moment with a single shot. One of the questions raised is convicting
the accused for the crime of double homicide or for complex crime. A complex
crime is committed when two persons are killed as result of the same act of the
accused. When each one of the two deceased was killed by different and
separate sets of shots fired, receptively, through two independent sets of acts of
the accused, each one aimed exclusively at a victim, for each victim killed there
is a separate and independent crime of homicide.
4. In case of C and D, A will be subject to the Article 247 of the Revised Penal
Code. There is no crime committed because Art. 247 of the RPC does not define
a crime but still, Mr. A have to be charged with parricide. For Article 247 to apply,
the defense must prove the concurrence of the following elements: (1) that a
legally married person surprises his spouse in the act of committing sexual
intercourse with another person; (2) that he kills any of them or both of them in
the act or immediately thereafter; and (3) that he has not promoted or facilitated
the prostitution of his wife or daughter or that he or she has not consented to the
infidelity of the other spouse. But in the case of B, the crime will be reckless
imprudence resulting to homicide. Reckless imprudence consists in voluntarily,
but without malice, doing or failing to do an act from which material damage
results by reason of inexcusable lack of precaution on the part of the person
performing or failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition and other
circumstances regarding persons, time and place. The malice is on C and D and
not for B so that it will be enter to reckless imprudence resulting to homicide. The
crime is culpa because Mr. A has freedom, intelligence and
imprudence/negligence.
5. X is liable for the crime of statutory rape regardless of X is homosexual or not
and the victim of statutory rape can also be a male. The victim is under 13 years
old so their age gap is immaterial to the crime. When the victim is under 13 years
old, it is automatically a crime of statutory rape whether it is consensual or not,
abusive or not, or exploitive and non-exploitive. If the victim is under thirteen (13)
years of age, the exception shall not apply. Assuming that X cannot be held liable
for the said crime, he can be held liable for other crime under Special law like
Republic Act 8353 under rape by sexual assault. By inserting his penis into
another person's mouth or anal orifice, whether male or female, or any
instrument or object, into the genital or anal orifice of another person, they can be
held liable for rape by sexual assault. Also, the crime can be added in relation to
Republic Act 7610 or Special Protection of Children Against Abuse, Exploitation
and Discrimination Act under sexual abuse of a minor.