UNIVERSITY OF THE PHILIPPINES DILIMAN

COLLEGE OF LAW
BAR OPERATIONS COMMISSION 2013
MOCK BAR EXAM-CRIMINAL LAW

Part I. MULTIPLE CHOICE. Choose the letter of the best answer.

1. Offenses like plunder, which are punishable by special laws, but requires proof of criminal intent
are considered
A. Mala prohibita, and therefore, good faith cannot be used as a defense
B. Mala prohibita, but good faith can be used as a defense
C. Mala in se, and therefore, good faith can be used as a defense
D. Mala in se, but good faith cannot be used as a defense

Answer: C. Estrada v. Sandiganbayan (2001): Plunder is a malum in se which requires proof of

criminal intent. Even if the crime is punished under a special law, if the act punished is one which is
inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent
is a valid defense

2. Irene has been prosecuted and found guilty of theft thrice during the last 10 years. She was
thereafter arrested again for stealing a cellphone. While being tried for theft for the fourth time,
an ordinance was passed reducing the penalty of all forms of theft to arresto menor. In the event
that Irene is found guilty, which of the following statement is correct?
A. The new law shall be applied.
B. The law in force at the time of the commission is applied.
C. The new law shall not be applied to her, because Irene is a habitual delinquent.
D. Irene will not serve any penalty, because the crime is deemed obliterated.

Answer: C, RPC Art 22: retroactivity of penal laws exception is when the person is a habitual criminal

3. Rodrigo wanted to kill Cesar, and so he put poisonous substance in a bottle of wine and gifted
said bottle to Cesar. Unknown to Rodrigo, Cesar drank the wine on New Years Eve with the
latters sister, Lucretia. As a result, he managed to kill Lucretia, but Cesar became impotent.
Rodrigos act is considered as
A. complex crime proper.
B. special complex crime.
C. continuing crime.
D. compound crime.

Answer: D. By definition, a compound crime is committed when a single act by the offender produces
to 2 or more grave felonies, or 1 or more grave and 1 or more less grave felonies, or 2 or more
less grave felonies. The The act of administering injurious substances or beverage is punishable by
Art. 264 of the RPC and is punishable by arresto mayor only, making it a light felony only. However,
it was with intent to kill, so the felony committed was homicide (aberratio ictus) and frustrated
murder, done with a single act. Thus, compound crime.

4. Gale draws a check upon request of Kat, the payee, who told Gale that she would merely show

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 the check to his creditor to gain more time to pay his account. The check bounced upon
presentation by the creditor. Under the circumstances, who can be prosecuted for estafa based on
the dishonored check?
A. Kat, as the one who negotiated the check contrary to the agreement
B. Gale as the drawer of the check
C. Both Gale and Kat based on conspiracy
D. None

5. A battered woman claiming self-defense under the Anti-Violence against Women and Children
must prove that the final acute battering episode was preceded by
A. 3 battering episodes.
B. 4 battering episodes.
C. 5 battering episodes.
D. 2 battering episodes.

Answer: D. Cycle of Violence in People v. Genosa to be a cycle, must have two precedents

6. Frank was convicted by final judgment of estafa. While serving sentence for such offense, it was
later discovered that he was operating and financing a prison-wide illegal jueteng games inside.
Is Frank a quasi-recidivist?
A. Frank is not a quasi-recidivist because the offense for which he was serving sentence is
different from the second offense.
B. Frank is a quasi-recidivist because he was serving sentence when found to be operating and
financing a prison-wide illegal jueteng games.
C. Frank is not a quasi-recidivist because the second offense is not a felony
D. Frank is not a quasi-recidivist because the second offense was committed while still serving
for the first offense.

Answer: B. Requisites: Article 160Any person who shall commit a felony after having been
convicted by final judgment before beginning to serve such sentence or while serving such
sentence shall be punished by the maximum period prescribed by law for the new felony

7. Faith and Candy, both 17, and Brit, 15, habitually go to Luneta to wait for foreigners. What they
do is, when they are invited to hotels where the foreigners are staying, they wait until their
foreigner companions were asleep before they pick the foreigners pockets and steal whatever
valuables are in the room. One time, they did their usual operations, struggle ensued between a
foreigner, James, who managed to wake up before the three girls were about to escape. The
foreigner was able to get a hold of Brit, and so Brit stabbed the foreigner, inflicting a mortal
wound. Faith and Candy set fire to the hotel room. Under the given circumstances, are Faith,
Candy and Brit exempt from criminal liability? If not, what is the proper charge against them or
any of them?
A. Faith, Candy, and Brit, being under eighteen (18) years of age at the time of the commission
of the offense, are exempt from criminal liability, subject to suspended sentence, and should
be merely subjected to diversion and intervention programs for child in conflict with the law.
B. Under the given facts, Faith and Candy are not exempt from criminal liability because they
conspired to commit robbery and arson for which they should be both charged as principals,
subject to suspended sentence, but Brit cannot be charged with robbery and homicide for the

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 death of James, subject to intervention programs for children below 15 who acted with
discernment
C. Considering the given facts which manifest discernment, Faith, Candy, and Brit are not
exempt from criminal liability and should be charged with the complex crime of robbery
with homicide, subject to automatic suspension of sentence upon finding of guilt,
D. There being no indication of having acted with discernment, Faith, Candy, and Brit are
exempt from criminal liability, subject to appropriate programs in consultation with the
person having custody over the child in conflict with the law or the local social welfare and
development officer.

Answer: A. RA 9344 and PD 603 exempts minors (below 18) from criminal liability; only subjects to
automatic suspension of sentence and provides for intervention and diversion programs

8. Because he wanted to have his blockmates new car, Joffrey shot his law school blockmate dead.
Robert, Joffreys stepfather, saw him do it when he was about to pick his son up after class hours.
Robert then drove Joffrey to their Baguio resthouse to hide him. Thereafter, he kept the car. Is
Robert liable as an accessory to the crime?
A. Yes, a stepfather-stepson relationship is not which is contemplated by law to be an exception
to criminal liabilities.
B. Yes, because he kept the car for himself.
C. No, a stepfather is among the legal, legitimate, or natural ascendants protected by law from
criminal liability as accessory to the crime
D. No, but he is liable for obstruction of apprehension or prosecution of criminal offender

Answer: C. RPC Art. 20 exceptions: Accessory is not exempt from criminal liability even if the
principal is related to him if he (a) profited by the effects of the crime, or (b) assisted the offender
to profit by the effect of the crime.

9. In which of the following situations shall subsidiary penalty not apply?

A. Subsidiary penalty shall not apply when the penalty imposed is higher than arresto
mayor
B. Subsidiary penalty shall not apply for failure to pay the reparation of the damage
caused, indemnification of the consequential damages, and the costs of the proceedings.
(Art. 39, RPC)
C. Subsidiary penalty shall not apply when the penalty imposed is fine and a penalty to be
executed by confinement in a penal institution and which has no fixed duration.
D. Subsidiary penalty shall not apply when the convict has no property to meet the fine
imposed

10. Ron is a suspected terrorist. Which among the following situations violate the provisions of law
with regard to arrest of suspected terrorists?
A. Ron may be arrested by any law enforcement personnel.
B. Upon arrest, Ron was presented at the judges residence at night time.
C. Ron was placed under custody for more than three days with the approval of an RTC judge.
D. The judge submitted written report of the presentation to the court where the suspect shall
have been charged within three days time.

Answer: A. RA 9372. Incomplete answer, should be qualified with provisos that (a) the law

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 enforcement agent was duly authorized in writing by the Anti-Terrorism Council
(2) The arrest was the result of a surveillance or examination of bank deposits

11. Which of the following may be considered as acts of terrorism, when the purpose is to coerce the
government to give in to an unlawful demand, and the result is widespread and extraordinary
fear and panic among the populace?
A. Hijacking
B. Murder
C. Highway Robbery
D. Kidnapping

Answer: D. RPC Art 267, RA 9372 Sec 3: What is included is Kidnapping and Serious Illegal
Detention, not simple Kidnapping

12. Raj informed the authorities that their family business was actually a front for a marijuana-
advocacy group and that he and his business partners gave away free marijuana to their clients.
They were in the business of selling cupcakes. Which of the following situations removes Raj
from immunity from prosecution and punishment?
A. Raj had already been convicted of illegal possession of firearms
B. Raj does not appear to be the least guilty among the suspects
C. The police had already gathered evidence corroborating the material points of Rajs
testimony
D. The police had previously investigated the facts pertaining to Rajs testimony and had
already gathered evidence backing this. (Sec 33, RA 9165)

13. Which of the following is not punishable by the Anti-Graft and Corrupt Practices Act?
A. Ted allows Lily, his sister, to accept a position in Mosbius Ltd. Co., a private corporation
which contracts business with the government agency he holds office in
B. Ted, a public officer, refuses to act after due demand or request on a matter pending before
him within reasonable time because other matters connected to it might be prejudiced by his
immediate action
C. Ted, a public officer, receives a Talisker Whiskey from Marshall, the representative of
Mosbius Ltd. Co, after they officially signed a contract formalizing a project to be undertaken
by the company and Teds office.
D. Ted divulges to his sister Lily a confidential information about to be released by his office a
week later.

Answer: B. RA 3019 Sec. 3 (f) proviso: without sufficient justification

14. A, a government official, for a fee, delivers to a foreign embassy, confidential papers relating to
national security which he has access to by reason of his official duties. However, the documents
he delivered were altered and fictitious. What crime did he commit?
A. Espionage
B. Falsification of Public Documents
C. Estafa
D. Infidelity in the custody of documents

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15. Brothers Dean and Sam started adhering to some nudist practices in that, they did not wear
clothes to be able to commune with nature. During one of their sessions in their house garden,
the landlady came in to get their monthly rent and saw them naked. They refused to dress up.
Can Dean and Sam be held criminally liable?
A. No, this would be a violation of their freedom of expression.
B. No, it was committed in their house, albeit, rented.
C. Yes, for unjust vexation
D. Yes, for grave scandal

16. Harold wanted to tell Maude his feelings, so he threatens to kill himself if she doesnt go along
with him. She agrees to go with him, and he detains her for the whole day as they settle their
issues, and sets her free at dinner time. Is Harold criminally liable?
A. Yes, for slight illegal detention
B. Yes, for grave coercion
C. Yes, for grave threats
D. No, there was no crime, because Maude consented in coming with him.

17. What crime is committed by Anton, a 17-year old male student, when he sends an e-mail to all his
contacts containing nude pictures of himself, advertising that if they want it, they can get it for
a fee?
A. Violation of Anti-Trafficking in Persons Act
B. Qualified Trafficking
C. Prostitution
D. Grave Scandal

18. The civilian desk clerks of a PNP police station beat up and tortured a suspected drug pusher,
while a police officer watched. Who are liable and for what?
A. Only the police officer is liable as a principal in violation of the Anti-Torture Act.
B. The police officer is liable as an accomplice, while the civilians are liable as principals in
violation of the Anti-Torture Act.
C. The police officer and the civilians are all principals in violation of the Anti-Torture Act. (RA
9745 Sec 13)
D. The civilians are liable as principals in violation of the Anti-Hazing Act.

19. Jane suspected that her husband, John, who was a famous lawyer, was cheating on her and so she
installed a bug on her husbands phone which intercepts and records his husbands phone calls.
True enough, her husband was having an affair with a famous actress, who incidentally, was the
defendant and the opposing party to a case he was handling. She causes the transcripts of her
husbands conversations to be published and then files a case for concubinage. Who is criminally
liable?
A. Jane, for libel.
B. Jane, for wiretapping.
C. John, for concubinage.
D. John, for dereliction of duty.

20. Douglas, a police officer placed a marijuana stick on the pocket of Martin, and then blackmailed
him that if Martin will not pay him, he will be forced to arrest him. Martin refused to pay, and so
Douglas arrested him. What crime did Douglas commit?

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 A. Complex crime of incriminating an innocent person with unlawful arrest
B. Incriminating an innocent person
C. Grave threats
D. Unlawful arrest

Part II. ESSAY.

I.
a) Atty. Ension discussed the process of adoption under Republic Act 8043 in his regular weekly
column on the intricacies of the law. This particular column was a straightforward discussion of
the law, but to add spice to the article, a photograph of Gladys Poh was included. Poh is a
politician and the daughter of famous celebrities. However she is rumoured to be actually the
daughter of an infamous politician and is only secretly adopted by her celebrity parents. There
was no reference to any of Poh or her story in the column. What crime has been committed
against Gladys Poh, if any, and who are liable? Explain your answer. (5pts)

Suggested Answer:
Yes, libel has been committed.

Art. 353:
(1) There must be an imputation of a crime, a vice or defect, real or imaginary, OR any act, omission,
condition, status, or circumstance;
(2) The imputation must be made publicly;
(3) It must be malicious;
(4) The imputation must be directed at a natural or juridical person, or one who is dead;

Although there was no reference to Poh in the text of the column, there was malice evident in the
publication of the said picture accompanying the column. Because the topic of the article was adoption,
there can only be imputation that Poh was adopted by attaching her picture in the same. Other elements of
libel are shown: there was publicity, malice in fact was shown by the placing of the picture without
justifiable motive or good faith, the act was directed against the person of Poh, and the publishing tended to
cause Poh dishonour as a victim, as the reader will most probably imply, because her picture appears in an
article about adoption, that she is indeed adopted.

b) Daisy was walking home one night when Jay suddenly appeared out of a dark alley and pointed
a gun at him, which, unbeknownst to her, was fake and asked her to give him some money. Daisy
surrendered to Jay counterfeit bills.
1) What crime did Daisy commit, if any? Explain your answer. (2pts)
2) What crime did Jay commit, if any? Explain your answer. (3pts)

Suggested Answers:

1) No liability. There was no violation of Art 166 or utterance of false or forced obligations or notes in
connivance with the forgers or importers; or Art 163: utterance of false coins.
2) Jay committed robbery under Art 293, the elements of which are (1) Personal property (2) Belonging to
another (3) There be Unlawful taking (4) With Intent to gain (5) Violence against or intimidation of

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 any person. Jay employed intimidation in the unlawful taking of personal property of Daisy with the intent
to gain.

II.
a) Judge Chua celebrated her birthday party with her family in a Chinese restaurant. Mr. Santos, the
manager of the restaurant, and incidentally a defendant in a civil case pending at Judge Chuas
court, happened to notice the Judges presence at his restaurant. Without informing Judge Chua,
he paid for the bill amounting to P 17, 512.75. Judge Chua was pleasantly surprised when she was
told by the waitress that Mr. Santos had paid her bill. She approached Mr. Santos, whom she
recognized because he appeared as a witness in the case, and thanked him for making her
birthday memorable. She even introduced the members of her family to Mr. Santos. What
criminal liability did Judge Chua incur, if any? Explain your answer. (5pts)

Suggested Answer:

a) Yes. PD 46 makes it punishable for any public official or employee, whether of the national or local
governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift,
present or other valuable thing to any occasion regardless of whether or not the same is for past favor or
favors or the giver hopes or expects to receive a favor or better treatment in the future from the public
official or employee concerned in the discharge of his official functions. regardless of whether or not the
same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the
future from the public official or employee concerned in the discharge of his official functions. Included
within the prohibition is the throwing of parties or entertainments in honor of the official or employees or
his immediate relatives.

OR

Liabilty for indirect bribery under Article 211: Offender is a public officer; he accepts gifts; the gifts are offered
to him by reason of his office. Judge was a public officer, while the gift-giver was a ligtigant. Such gift could
have no other motive than for future consideration by the judge.

b) Mr. del Rey, a director of a government agency, obtained a cash advance from his office, to cover
for the expenses he was to incur in a regional officials conference in Tarlac City. While he was
staying in his hotel, he left the money inside his suitcase, instead of depositing it in the hotels
vault. When he came back that night, the money was gone. What criminal liabilities does the
director incur, if any? Explain your answer. (5pts)

Suggested Answer:

b) No liability under Article 217 or malversation of Public Funds or Property , the elements of which are(1)
Offender is a public officer; (2) He had the custody or control of funds or property by reason of the
duties of his office; (3) Those funds or property were public funds or property for which he was
accountable; (4) He appropriated, took, misappropriated or consented or, through abandonment or
negligence, permitted another person to take them. Because Mr. Del Rey obtained a cash advance for the
purpose of the trip, the money is considered to be his and not his and for his personal use. Article 217 is thus
not applicable.

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 III.
Reunited after long time through Facebook, former college buddies Sally and Imee decided to put up a
catering business through a partnership. Imee, however, was yet to come home from Saudi because her
working contract there was yet to expire. Meanwhile, Sally had to buy the utensils and equipment. To
contribute for the purchase about to be made, Imee signed a check but kept the date, payee and amount
blank. Sally said that she will fill in the blanks when she purchases the equipment. Sally, however, did
not use the check for the purchase of the equipment. Instead she used it as guarantee for a gambling debt.
Sally postdated the check and wrote cash as payee and 1M as the amount. When Sally did not pay her
creditor on the date, the latter deposited the check. The check was dishonoured because of insufficient
funds. The creditor wrote a demand letter to Imee, who has now arrived in the Philippines, informing her
of the dishonour of the check, but she refused to pay and instead replied that the debt was not her so she
should not be liable.
1) May Sally or Imee be held liable for Batas Pambansa Blg. 22? Explain your answer. (5pts)
2) May Sally or Imee be held liable for estafa? Explain your answer. (5pts)

Suggested Answers:

1) Imee may be held liable for violation of BP 22 for issuing a check, for whatever purpose, which was
dishonoured knowing that she did not have sufficient funds. Such knowledge is presumed from the notice of
dishonour and her failure to pay or make arrangements to pay within 5 days. Sally has no criminal liability
for BP 22 because she did not issue the check.
2) Imee is not liable for estafa but Sally may be held liable under Art318. Sally deceived Imee into giving her a
blank check purportedly to pay for equipment to be purchased in connection with their business but she
used it for her personal use instead.

IV.
Tomas, a policeman, arrived home late one night after a buy-bust operation. He came at the sight of,
Barbie, his wife, and Debbie, her best friend, engaging in carnal affair in their marital bed. Macky pulled
out his service gun and shot and killed Debbie. Tomas was charged with murder for the death of Debbie.
The court sentenced Tomas to destierro, conformably with Article 247 of the Revised Penal code. The
court also ordered Tomas to pay indemnity to the heirs of the victim in the amount of P5,000. Did the
court correctly order Tomas to pay indemnity even though he was exonerated of murder? Explain

Suggested Answer:

No, court did not correctly order the accused to indemnify the victim. Since the killing was committed under the
exceptional circumstance in Art 247, RPC, it is the consequence that no crime was committed in the light of
pronouncement in People v Cosicor, in that banishment (destierro) is intended for the protection of the offender
rather than as a penalty. Since the civil liability under the RPC is the consequence of criminal liability, there would
be no legal basis for the award of indemnity when there is no criminal liability.

V.
a) Is it possible to have an impossible crime of espionage? (3pts)
b) Define incomplete justification and exemption. Give an example of each. (3pts)
c) What are the four modes of committing the crime of alarms and scandal? (4pts)

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Suggested Answers:

a) No impossible crime of espionage. There is an impossible crime where an act performed would be an offense
against person or property, the act done with evil intent, that its accomplishment is inherently impossible,
or that the means employed is inherently ineffectual, and that the act performed should not constitute a
violation of another provision of the RPC. Espionage is crime against security, consummated upon
performance of all the acts of execution.
b) Cases of incomplete justification and exemption arise because not all the requisites necessary to justify
the act or to exempt from criminal liability in the respective cases are attendant. They are possible in
the following: (1) Self-defense (Art. 11, par. 1) (2) Defense of relatives (Art. 11, par. 2) (3) Defense of
strangers (Art. 11, par. 3) (4) State of necessity (Art. 11, par. 4) (5) Performance of duty (Art. 11, par. 5)
(6) Obedience to the order of superiors (Art. 11, par. 6) (7) Minority over 15 years of age but below
18 years of age (Art. 12, par. 3) (8) Causing injury by mere accident (Art. 12, par.4) (9)
Uncontrollable fear (Art. 12 par. 6).
c) Mode 1: Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause (which produces) alarm or danger; Mode 2: Instigating or
taking an active part in any charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility; Mode 3: Disturbing the public peace while wandering about
at night or while engaged in any other nocturnal amusements; Mode 4: Causing any
disturbances or scandal in public places while intoxicated or otherwise, provided Art. 153
is not applicable

VI.
Maria brought his son 10-year old son Marlon to a famous faith healer Bertong Biyaya. Berto
diagnosed Marlon as being possessed by an evil spirit, and suggested the conduct of an exorcism ritual.
This ritual consisted of Berto inserting his penis into the anus of Marlon repeatedly in a hypnotic-like
trance to drive away the spirit from the boys body. Maria authorized the conduct of the exorcism; he
was even present during the process and held his sons hands then. A criminal information was filed
against Berto, on the basis of which he was convicted of the crime of rape through sexual assault. Maria
was also impleaded as an accomplice and was also convicted. Suppose you are the appellate court Judge.
a) Would you sustain Bertos conviction upon appeal? Explain your answer. (5pts)
b) Would you sustain Marias conviction upon appeal? Explain your answer. (5pts)

Suggested Answers:

a) Yes. The elements of rape through sexual assault in accordance with Art 266-A as amended by RA 8353
are
(1) Offender commits an act of sexual assault;
(2) The act of sexual assault is committed by any of the following means:
(a) By inserting his penis into another person's mouth or anal orifice; or
(b) By inserting any instrument or object into the genital or anal orifice of another person;
(3) The act of sexual assault is accomplished under any of the following circumstances: (a) By using
force or intimidation; or
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented.

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 Berto clearly sexually-assaulted Marlon by inserting his penis in to the latters anal orifice, Marlon being
below 11-years old. The provision applies.

OR

No, RPC requires that elements of rape be consummated by a man against a woman.

b) No, because no crime was committed, she cannot therefore be an accomplice.

OR
Yes, because she knew what Berto was doing and participated in its commission. Accomplices assented to
Bertos plan and helped him in its accomplishment by holding down Marlon while the sexual assault was
being consummated
OR
No, because there was no community of design between her doing nothing about the alleged sexual assault
being committed, and Bertos commission. She was merely present, and this does not amount to the acts of
an accomplice.

VII.
a) How is the Indeterminate Sentence Law applied? (5pts)
b) What is the criminal liability of a male transvestite engaged in prostitution? Explain your answer.
(5pts)

Suggested Answers:

a) The Indeterminate Sentence is composed of: (1) A MAXIMUM taken from the penalty imposable under
the penal code (considering attendant circumstances) and (2) A MINIMUM taken from the penalty
next lower to that fixed in the code. The prisoner must serve the minimum before he is eligible for parole.
The period between the minimum and maximum is indeterminate in the sense that the prisoner
may be exempted from serving said indeterminate period in whole or in part. The maximum is
determined in any case punishable under the RPC in accordance with the rules and provisions of said
code exactly as if the ISL had never been enacted. First, the effect of privileged mitigating
circumstances should be applied, and then the effects of aggravating and ordinary mitigating
circumstances. On the other hand, the minimum depends upon the courts discretion with the
limitation that it must be within the range of the penalty next lower in degree to that prescribed by
the Code for the offense committed.
b) Under Art 202, the term prostitution is applicable to a woman who for profit or money habitually
engages in sexual or lascivious conduct. A man, if he engages in the same conduct sex for money
is not liable for prostitution but for vagrancy.

VIII.
Ratched was a private live-in nurse who was employed by the Sy family to take care of their 18 year-old
son who had been in comatose ever since a car accident. The family, however, had been encountering
financial difficulties, so they were unable to pay her three months salary. Eventually, Ratcheds mother
got sick, so she asked Mr. Ken Sy, the father, that she needed to get her salary, but the latter ignored her
demands. One night, Nurse Ratched dragged the comatose son all the way to the attic and locked him
there. She ran away in the morning and got into hiding, and then called the Sys to inform them she has

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custody of the son and that unless they give her her salary, she would not release their son. The Sys were
not able to meet the nurses demand. A day later, they found the comatose son in the attic, already dead.
State the veracity of the following statements and explain why: (10pts)
a) Nurse Ratched is guilty of kidnapping with homicide
b) Nurse Ratched is guilty of slight illegal detention
c) Nurse Ratched is guilty of the impossible crime of kidnapping with serious illegal detention

Suggested Answers:

a) False, because there is no such complex crime of kidnapping with homicide. There is only Art. 267, which is
kidnapping with serious illegal detention, which is qualified if the victim is killed or dies as a consequence
of the detention.
b) No. The elements of slight illegal detention under Art. 268 are (1) Offender is a private individual; (2) He
kidnaps or detains another, or in any other manner deprives him of his liberty. (3) The act of
kidnapping or detention is illegal; (4) The crime is committed without the attendance of any of the
circumstances enumerated in Article 267. However, the nurses demanded for ransom and/or that the son
died during his detention, the act is removed from the ambit of Art. 268.
c) No, there is no impossible crime of kidnapping with serious illegal detention here. There is an impossible
crime where an act performed would be an offense against person or property, the act done with evil intent,
that its accomplishment is inherently impossible, or that the means employed is inherently ineffectual, and
that the act performed should not constitute a violation of another provision of the RPC. However, the
detention or the deprivation of liberty of the boy was complete, whether or not the boy was unconscious or
not. Furthermore, the act was qualified by asking for ransom and the fact he died later. This qualifies the act
to kidnapping with serious illegal detention.

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