CRIMINAL LAW

I
After due hearing on a petition for a writ of amparo founded on the acts of enforced disappearance
and extralegal killing of the son of the complainant allegedly done by the respondent military
officers, the court granted the petition. May the military officers be criminally charged in court
with enforced disappearance and extralegal killing? Explain fully. (3%)
Are human rights violations considered as crimes in the Philippines? Explain. ( 3% )
II
While Carlos was approaching his car, he saw it being driven away by Paolo, a thief. Carlos tried
to stop Paolo by shouting at him, but Paolo ignored him. To prevent his car from being carnapped,
Carlos drew his gun, aimed at the rear wheel of the car and fired. The shot blew the tire which
caused the car to veer out of control and collide with an oncoming tricycle, killing the tricycle
driver.
What is the criminal liability of Carlos, if any? Explain. ( 4% )
What is the criminal liability of Paolo, if any? Explain. ( 4% )
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% )
IV
Manolo revealed to his friend Domeng his desire to kill Cece. He likewise confided to Domeng
his desire to borrow his revolver. Domeng lent it. Manolo shot Cece in Manila with Domeng's
revolver. As his gun was used in the killing,Domeng asked Mayor Tan to help him escape. The
mayor gave Domeng P5,000.00 and told him to proceed to Mindanao to hide. Domeng went to
Mindanao. The mayor was later charged as an accessory to Cece's murder.
Can he be held liable for the charge? Explain. ( 4 % )
Can he be held liable for any other offense? Explain fully. ( 3% )
V

Eman, a vagrant, found a bag containing identification cards and a diamond ring along Roxas
Blvd. Knowing that it was not his, he went to a nearest police station to seek help in finding the
owner of the bag. At the precint PO1 Melvin attended to him. In the investigation Eman proposed
to PO1 Melvin, "in case you don't find the owner let's just pawn straight to the pawnshop and
pawned the ring for P50,000.00 Eman never saw PO1 Melvin again.
What is the criminal liability of Eman, If any? Explain. ( 3% )
What is the criminal liability of PO1 Melvin, is any? Explain ( 3% )
VI
Hubert and Eunice were married in the Philippines. Hubert took graduate studies in New York and
met his former girlfriend Eula. They renewed their friendship and finally decided to get married.
The first wife, Eunice, heard about the marriage and secures a copy of the marriage contract in
New York. Eunice filed a case of Bigamy against Hubert in the Philippines.
Will the case prosper? Explain. ( 4% )
If Eunice gave her consent to the second marriage, what will your answer be? Explain. ( 3% )
VII
The inter-island vessel M/V Viva 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,
Max, Baldo and Bogart arrived in a speedboat, fired a bazooka at the bow of the vessel, boarded it
and divested the passengers of their money and jewelry. A passenger of M/V Viva Lines I, Dodong
advantage of the confusion to settle an old grudge with another passenger, and killed him. After
their apprehension, all four were charged with qualified piracy before a Philippine court.
Was the charge of qualified piracy against the three person ( Max, Badong and Bogart ) who
boarded the inter-island vessel correct? Explain. ( 3% )
Was Dodong correctly charged before the Philippine court for qualified piracy? Explain. ( 3% )
VIII
Francis and Joan were sweethearts, but their parents had objected to their relationship because
they were first cousins. They forged a pact in writing to commit suicide. The agreement was shoot
each other in the head which they did. Joan died. Due to medical assistance, Francis survived. Is
Francis criminally liable for the death of Joan? Explain. ( 5% )
IX

Dennis leased his apartment to Myla for P10,000 a month. Myla failed to pay the rent for
3months. Gabriel , the son of Dennis, prepared a demand letter falsely alleging that his father had
authorized him to collect the unpaid rentals. Myla paid the unpaid rentals to Gabriel who kept the
payment.
Did Gabriel commit a crime? Explain. ( 4% )
Can Gabriel invoke his relationship with Dennis to avoid criminal liability? Explain. ( 3% )
X
Upon opening a letter containing 17 money orders, the mail carrier forged the signatures of the
payees on the money order and encashed them. What crime or crimes did the mail carrier commit?
Explain briefly. ( 6% )
XI
Ricky was reviewing for the bar exam when the commander of a vigilante group came to him and
showed him a list of five policemen to be liquidated by them for graft and corruption. He was
further asked if any of them is innocent. After going over the list, Ricky pointed to two of the
policemen as honest. Later, the vigilante group liquidated the three other policemen in the list. The
commander of the vigilante group reported the liquidation to Ricky. Is Ricky criminally liable?
Explain. ( 7% )
XII
Raissa and Martin are married to each other but had been separated for the last five years. Raissa
decided to wed Juan, her suitor. Who had no inkling that she was married. Raissa and Juan
accomplished an application for marriage license which they subscribed and swore to before the
Local Civil Registrar. Raissa declared, in the application, that she is single. The marriage licensed
was issued. In due time, the couple were married by the mayor. Raissa and Juan had their first
sexual intercourse later in the evening.
What crime or crimes, if any, did Raissa commit? Explain briefly. ( 7% )
XIII
Lucas had been the stay-in houseboy of spouses Nestor and Julia for Five Years. One Night, while
Nestor and Julia were out having dinner, Lucas and his friend Pedro gained entry into the masters'
bedroom with the used of a false key. They found Julia's jewelry box in one of the cabinets which
was unlocked. Lucas believed that Julia's jewelry inside the box. Unknown to Lucas and Pedro,
the box was empty. Pedro took the box and left the bedroom with Lucas. They were shock when
they saw Nestor in the sala, pointing a gun at them. Nestor ordered them to stop and hand over the

box. Pedro complied. It turned out that Nestor had just arrived in time to see Lucas and Pedro
leaving the master's bedroom with the box.
State with reasons, the crime or crimes, if any, Lucas and Pedro committed. ( 7% )
XIV
Eliseo, the deputy sheriff, conducted the execution sale of the property of Andres to satisfy the
judgment against him in favor of ABC Corporation, a government-owned or controlled
corporation with an original charter. However, the representative of the corporation failed to attend
the auction sale. Gonzalo , the winning bidder, purchased property for P100,000 which he paid to
Eliseo. Instead of remitting the amount to the Clerk of Court as ex-officio Provincial Sheriff,
Eliseo lent the amount to Myrna, his officemate, who promised to repay the amount within two
months, with interest thereon. However, Myrna reneged on her promise. Despite demands of ABC
Corporation, Eliseo failed to remit the said amount.
State with reasons, the crime or crimes, if any, committed by Eliseo. ( 4% )
Would your answer to the first question be the same if ABC Corporattion were a private
corporation? Explain. ( 3% )
XV
Roger, the leader of a crime syndicate in Malate, Manila, demanded the payment by Antonio, the
owner of a motel in that area, of P10,000 a month as "protection money". With the monthly
payment, Roger assured, the syndicate would provide protection to Antonio, his business, and his
employees. Should Antonio refuse, Roger warned, the motel owner would either be killed or his
establishment destroyed. Antonio refused to pay the protection money. Days later, at round 3:00 in
the morning, Mauro, a member of the criminal syndicate, arrived at Antonio's home and hurled a
grenade inti an open window of the bedroom where Antonio, his wife and their three year-old
daughter were sleeping. All three of them were killed instantly when the grenade exploded.
State, with reason, the crime or crimes that had been committed as well as the aggravating
circumstances, if any, attendant thereto.(7%)

2007

I.
(10%)

What are the penalties that may be served simultaneously?

II.
(10%)
Tiburcio asked Anastacio to join their group for a "session". Thinking that it was for a mahjong
session, Anastacio agreed. Upon reaching Tiburcios house, Anastacio discovered that it was
actually a shabu session. At that precise time, the place was raided by the police, and Anastacio
was among those arrested.
What crime can Anastacio be charged with, if any? Explain your answer.
III.
(10%)
Jervis and Marlon asked their friend, Jonathan, to help them rob a bank.
Jervis and Marlon
went inside the bank, but were unable to get any money from the vault because the same was
protected by a time-delay mechanism. They contented themselves with the customers
cellphones and a total of P5,000 in cash. After they dashed out of the bank and rushed into the car,
Jonathan pulled the car out of the curb, hitting a pedestrian which resulted in the latters death.
What crime or crimes did Jervis, Marlon and Jonathan commit? Explain your answer.
IV.
(10%)
Macky, a security guard, arrived home late one night after rendering overtime. He was shocked to
see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse. Macky pulled
out his service gun and shot and killed Ken.
The court found that Ken died under exceptional circumtances and exonerated Macky of murder
but sentenced him to destierro, conformably with Article 247 of the Revised Penal Code. The
court also ordered Macky to pay indemnity to the heirs of the victim in the amount of P50,000.
Did the court correctly order Macky to pay indemnity even though he was exonerated of murder?
Explain your answer.
While serving his sentenced, Macky entered the prohibited area and had a pot session with Ivy
(Joys sister). Is Macky entitled to an indeterminate sentence in case he is found guilty of the use
of prohibited substances? Explain your answer.
V.
(10%)

Distinguish between an accomplice and a conspirator.

What are the three (3) classes of offender in the crime of qualified seduction? Give an example of
each.
VI.
(10%)
What are the different acts of inciting to sedition?
VII.
(10%)
Eddie brought his son Randy to a local faithhealer known as "Mother Himala." He was diagnosed
by the faithhealer as being possessed by an evil spirit. Eddie thereupon authorized the conduct of a
"treatment" calculated to drive the spirit from the boys body. Unfortunately, the procedure
conducted resulted in the boys death.
The faithhealer and tree others who were part of the healing ritual were charged with murder and
convicted by the lower court. If you are appellate court Justice, would you sustain the conviction
upon appeal? Explain your answer.
VIII
(10%)
Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt, Fe made it appear
that the rice mill was earning less than it actually was by writing in a "talaan" or ledger a figure
lower than what was collected and paid by their customers. Fe then pocketed the difference. What
crime/s did Fe commit, If any? Explain your answer.
IX.
(10%)
During a concert of Gary V. and in order to prevent the crowd from rushing to the stage, Rafael
Padilla {a security guard} pointed his gun at the onrush of people. When the crowd still pushed
forward, Rafael fired his gun into air to scare them off. However, the bullet hit one of the metal
roof supports, ricocheted and then hit one of the stage crew members, causing injuries which
resulted in the latters confinement in a hospital for twelve days.
What crime/s did Rafael commit? Explain your answer.
X.
(10%)

Pinky was a lessee of a market stall owned by Giovanni. When Pinky refused to pay her rental,
Giovanni nailed some wooden barricades on one of the sides of the market stall and posted this
warning: "We have closed this portion of the door. Do not open it or else something may happen
to you."
What crime/s did Giovanni commit, if any? Explain your answer.
NOTHING FOLLOWS.
The Lawphil Project - Arellano Law Foundation