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General Principles-

I. Dennis, a pickpockef, was chased by the 3 policernen after having caught him taking
Maria's cellphone. On account of fear, Dennis jumped over the fence of US embassy and
landed on its premises. Can the policemen validly pursue Dsnnis at the US Embassy?

Andeng, a producer of Philippine counterfeit money gave Tiburcio, a captain of MV


Princesq one (1) million pesos to smuggle his counterfeited money into the island of
Palawan, Philippines. Tiburcio agreed. While the ship was in Korea for a stopover, the
police authorities discovered the counterfeited Philippine money. Andeng and Tiburcio
were arrested. Can the Philippines have jurisdiction over the two persons?

3. X and Y, Filipino citizens, are in Korea. They agreed and decided to bum the Batasan
Complex and to kidnap the congressmen and other employees to sow and create a
widespread and extraordinary fear and panic among the populace trnless the government
relEases from captivity ABU SADO, a captured terrorist in Camp Crame. What crime
did X and Y commit? Can they be charged and prosecuted before Philippine Courts?

Stages of Execution-

4. A, armed with a bolo struck B on the latter's chest. B, rendered unconscious and
bleeding profusely, was left by A. Fortunately for B, he survived the blow and was
immediately treated for the wound he sustained. When A gave himself up he adaitted to
having killed B and believed thatthe latterhad alrady died. What crime did A commit?

Effi cient Intervening Cause

5. On his way home from school, Kris rode in a jeepney. Subsequently, James boarded the
same jeepney. Upon reaching a secluded spot in the city, James pulled out a grenade
from his bag and announced a hold-up. He told Kris to surrender his watch, wallet and
cellphone. Fearing for his life, Kris jurnped out of the vehicle. But as he fell, his head hit
the pavement, causing his instant death. Is James liable for Kris death:

Wrongful AciDone Different from That Intended

6. AA, BB and CC boarded the bus bound for Quezon Ciry. Wilile aboard the bus, AA told
the women passengers'1o bring out their money and not to'shout or else there witl be
shots." RR, one of the putterg.o jumped out of the bus. Her head struck the pavement.
She died as a consequence. If you were the judge, would you held AA" BB and CC liable
for the death of RR?

Abberatio Ictus

7. At the height of an altercation, Pedrito shot Paulo but missed, hitting Tiburcio instea{
resulting in the death of the latter. Pedrito, invoking the doctrine of aberration ictus,
claims exemption from criminal liability. If you were the judge, how would you decide
the case?

Conspiracy

8.' BB and CC, both armed with knives, attacked FT. The victim's son, ST, upon seeing the
attack, drew his gun but was prevented from shootrng the attiackers by AA, who graprpled
with him for possession of the gun. FT died from knife wounds. AA, BB and CC were
charged with murder. In his defense, AA invoked the justifyrng circumstance of
avoidance of greater evil or injury, contending that by preventing ST from shooting BB
and CC, he merely avoided a greater evil. Will AA's defense prosper?
Justifying Ciroums'tance

9. Leon was watching a basketball game, when Bogart, who appeared to be drunk, suddenly
and for no reasor urdpped his ann around the former's oeci and poked a fork against it
with his other arm. A tanod intervened and took the fork from the victim and iold the
latter to go home, which he heeded. However, while walking home, Bogart was attacked
and stabbed by Leon on his right chest. Leon claims that he was acting in selfdefense
when he stabbed Bogart. It is argued that the unlawful aggression which began at the
baskEtball court had continued until the time of the stabbing. Will the contention of the
accused prosper?

Miti gating Ci rcumstance

10. Leopoldo and Rosita were legally married and had two children. The younger son of
Leopoldo and Rosita, Rolo was inside the harnmock who was crying. Rosita who was
busy working asked her husband Leopoldo to swing the hammock Uit tne luter did not
respond. When Rolo continued crying, the accused immediately stood up and boxed
Rolo twice with his clenched fists. Rosib and her mother Aurora immediitely went to
the rescue of Rolo who stopped cryrng and became unconscious. Loida, who was a few
meters away, rushed to the hut after hearing Rosita's call for help and took Rolo.
Meanwhile Rosita and Aurora went away. Afraid that Leopoldo might leave the hu!
Loida told him to carry the dead child. Leopoldo was still holding tne Oeaa child when
Rosita and Aurora arrived with police officers. They brought him to the mrmicipal
building where he was detained. During the rial, kopoldo interposed voluntary
surrender to mitigate his criminal liability. If you were the judge, how would you
decide?

11. When A arrived home, he found B raping his daughter. Upon seeing A, B ran away. A
took his bolo and hacked B, killing him. Charged leith homicide, A claimed he actd in
defense of his daughter's honor. Is A correct? If no! can A claim the benefit of any
mitigating circumstance/s?

Aggravating Circumstance

l2.Maner 13 and Marvin, 2l are first cousins. Her family took him to live with them and
help in the unkeep of the family's farm. Marie, who was sleeping in the same room as
the appellant and her 3 siblings was tfueatened by Marvin if she resisted his sexual
advanoes. Marvin succeeded in having sexual congress with her which was wihessed
by Roque, Marie's l2'ylurr old brother. Can dwelling be appreciated as an aggravating
circumstance in this case?

Principal by Inducement

13. Anton asked Botoy to kill Castro because of the grave injustice done to Anton by Castro.
Anton promised Botoy a reward. Botoy was willing to kill Castro, not so much because
of the reward promised to him but beause he also had his own long-standing-grudge
against Casfio, who had wronged him in the paa. If Castro is killed by foto|,-wojO
Anton be liable as a principal by inducement?

Accessories: Who are exempt from criminal liability?

14. Ruth murdered Miohelle, a maid using violence and boiling water. The accused Ruth,
logethel with her sister, Ruby who waslriving the car, were caught by the police with th;
body of the victim after a brief case. When the potice announced that ihey would be
conducting a visual search of the luggage cominrhnent of the vehiclq nuUV initially
refused saylng that only dirt clothes were in the comparment but later relenLd as the
police insisted. Upon opening the comparhnen! the police was greeted by a putrid odor
r'
emanating from a decomposing body inside the box. Ruth and Ruby identified the body
as that of their maid Michelle. Ruth and Ruby were then arrested and taken to the Police
Station. Ruth was convicted of murder. What is Ruby's crimiaal liability, if there's any?

Recidivism vs. Habitual Delinqrrency

15. Juan de Castro already had tkee (3) convictions by final judgment for theft wtren he was
found gurlty of robbery with homicide. In the last case, ttre trial judge considered against
the accused both recidivism and habitual delinqrrency. The accused appealed and
contended that in his last conviction, the trial court cannot consider against him the
finding of recidivism aid again of habitual delinquency. Is the appet meritorious?

Complex Crime

16. On January 3,2006, while Donnie was recklessly driving his car, he bum@ a possenger
jeep and caused damage to it and also caussd physical injuries to three pssengers who
were inoapacitated from performing their customary labor for a period of less than ten
days. On May 3, 2AA6, an inforrration was filed charging him the complex crime of
damage to property and slight physical injuries through reckless imprudence. Can
Donnie be ffied on the said information?

Continuous Crime

17. Many killed his wife under exceptional circumstanoes and was sentenced by the RTC of
Dagupan City to suffer the penalty of destierro during uihich he was not allowed to enter
the city. While serving sentonce, Manny went to Dagupan City to visit his mother.
Laler, he was arested in Manila. Did lvlanny commit any crime? If so, where should he
be prosecuted?

Extinguishment of Criminal Liability

18. For defrauding Lorna, Alma was charged before the MTC of lvfalolos, Bulacac After a
protracted trial, Alma was convicted- While the case was pending appeal in the RTC of
the saSne province, Lornq wfio was then suffering from breast cancer, died. Alma
manifested to the court that with Lorna's deth, her (Alma's) criminal and civil liabilities
are now extinguished. Is Alma's contention correct? What if it were Alma vito died,
would it affect her criminal and civil liabilities?

Three-Fold Rule
19. A was convicted of four crimes of homicide for each of which he was sentenced to 12
years and I day of reclusion temporal. The RTC judge sentenced him to sufler 40 years
of imprisonment. Is the judge correct?

SUGGESTED ANSWER

l.No. US embassy in the Philippines is considered as an extention of US territory, thus, the


policemen cannot validly pursue him. The remedy is to ask the US govemment for th
tumover of Dennis through extradition.

2.Yes. Tiburcio and Andeng can be criminally charged in the Philippines regardless of the
fact that they were arrested in Korea. Under the law, a person is liable for acts connected
with the introduotion into the Philippines of the forged or counterfeited money.

Also, this is an excepion under the Territorialrty princrple of otr criminal laws.
3.a. X Y are liable for Conspiracy to Commit Terrorism. Under RA9372, there is crime
and
of Cospiracy to Commit Terrorism when two or more persolls c,ome to an agreement
concerning the commission of terrorism and decide to commit it.

b. Yes, they can be chargsd and prosecr*ed before Philippire Courts. RA 9372 applies to
individual persons who although physically outside the territorial limits of the Philippires,
commit, conspire, or plot to commit any ofthe crimes defined and punished thereunder.

4.Frustrated and NOT attempted murder.

A felony is frustrated when the offender performs all the acts of execution which should
produce the felony as a consequence, but which nevertheless, do not produce it by reason of
causes independent of the will of the perpekator. There is an attempt when the offender
commences the commission of the felony directly by overt acts, and does not perform all the
acts of execution which constifute the felony by reason of some cause or accident other than
his own voluntary desistance.

The crime oannot be attempted murder. This is clear from the fact that the defendant
performed all of the acts which should have resulted in the consummated crime and did not
voluntarily desisted from further acts.

5. Yes, James is liable for Kris' death beoause his aots of pulling out a grenade and
announcing a hold-up coupled with a demand for the watch, wallet and cellphone of Kris is
felonious and such felonious act was the proximate cause of Kris' jumping out of the jeeprey
resulting in the latter's death. Stated otherwisq the death of Kris was the direct, natural and
logical consequence of James' felonious act u&ich created an immediate sense of danger in
the mind of Kris who tries to avoid such danger by jumping out of the jeepney.

6.Yes. it is an established rule that a person is criminally responsible for acts committed by
him in violation of the law and for all tk direct, Btural and logical consequenc€s resulting
therefrom. In the instant case, Ad BB and CC were commiting robbery as a result of which,
RR jumped out of the bus and died as a cons€quence. If a man creates in another person's
mind an immediate sense of danger, which causes such person to try to escape, an4 in so
doing the latter injures himself, the man who creates such state of mind is responsible for the
resulting injuries.

7.If I were the judge, I will convict Pedrito and find him guilty of complex crime of Homicide
with Auempted Homicide. The single act of firing at Paulo resulted in the commission of two
felonies, one grave (Homicide) and the other less grave (attemprted homicide) thus falling
squarely under ArL 48, RPC; hence, the penalty for the more serious crime should be
imposed.

Abberatio ictus (mistake in the blow) could not be used as a defense as it is not an exempting
circumstance. Pedrito is liable under the principle of Art. 4, RPC, vihich makes a person
criminally liable for all the direct, natural and logical consequences of his felonious act.

8.No, AA's defense will not prosper because obviously there was conspiracy among BB, CC
and AA, such that the principle that when there is conspiracy, the act of one is the act of all,
shall govenr. The act of ST, the victim's son, appears to be a legitimate defense of relative;
henoe, justified as a defense of his father against the unlawful aggression by BB and CC.
ST's act to defend his father's life, cannot be regarded as an evil inasmuch as it is, in the eyes
of the law, a lawful act. What AA did was to stop a lawful defense, not greater evil, to allow
BB and CC achieve their criminal objective of stabbing FT.(Bar 20A4)

9.No. What the accused did was an astof retaliation and not of selfdefense. In retaliation,
the aggression that was begun by the injured party had already ceased to exist when the
t"
accused attacked him. In selfdefense, the aggression was still existing when the aggressor
was injured or disabled by the person making the defense.( People v. Decena, 235 SCRA 67)

lg.Voluntary surrender cannot be appreciated as a mitigating circumstaoce in this case. For


voluntary surrender to be appreciaie{ tk same must be spontaneous in such rnanner that it
shows the interest of the accused to surrender unconditionalty to the authorities, either
because he acknowledge his gurlt or because he wishes to save them the trouble and expenses
necessarily incurred in his search and capture. The fact alone that the accused did not escape
after killing his child but remained inside the hut where the crime was committed cannot be
considered voluntary surrender to the authorities. The police officer arrived at the scene of the
crime not upon his behest but because they were called by his wife Rosita and his mother in
lawAurora. (People v. Retubado, GRNo. L-58585,6/20fi988)

Il.No, A cannot validly invoke the defense of his daughter's honor in having killed B since
the rape was already consummated; moreover, B already ran away, hence there was no
aggrejsion to defendagainst and no defense to speak of. A may however invoke the benefit
of tnr mitigating circumstance of having acted in immediate vindication of a grave offense to
a descendant, his daughter under par. 5 ofArt 13 of the RPC as arnended.

t2.No. Under the law, when both offender and offended party are occupants of the same
house, dwelling is not aggravating. In the instant case, dwelling cannot be ap,preciated
because Marie and Marvin lived in the same house at the time of the rape incident. As a
result, the rationale for considering dwelling as an aggravating circumstance, i.e. the violation
by the offender of the sanctity of the home of the victim by trespassing therein to commit a
crime, is absent. (People v. Calongui, GR No' 170566,313112006)

TAKE NOTE OF ALL THE ruSTIFYING, DGMPTING, MITIGATING, AGGRAVATING,


AS WELL AS TI{E ALTERNATTVE CAUSES. WHEN WILL TI#Y AFFECT THE
LIABILITY OF THE ACCUSED/OFFENDER? HOW DO THEY DIFFER FROM ONE
ANOTHER?

13.No, because the reward that Anton promised to Botoy is not the mle impelling rea.eoo
which made Botoy to kill Castro. To bring about criminal liability of a co-principal, the
inducement made by the inducer must be the sole consi&ration wtrich caused the person
induced to*commit the orime and without u&ich the crime would not have been committed-

TAKE NOTE OF THE KINDS OF PRINCIPALS, AND ACCOMPLICES, AND


ACCESSORIES. WHEN WIIL TI{EY BE CONSIDERED AS PRINCIPALS,
ACCOMPLICES OR ACCESSORIES?

I4.Ruby is the sister of Ruth. As such, their relationship exempts Ruby from criminal
liability under Art. 20 of the RPC.

COMPARE WITH OR READ TOGET}IER WTTH PD 1829 ALSO KNOWN AS


OBSTRUCTION OF ruSTICE

15.No. Recidivism and habitual delinquency are correctly considered in this case because the
basis of recidivism is different from that of habitual delinquency. Juan is a recidivist because
he had been previously convicted by final judgment for theft and again found guilty for
Robbery with Homicide, which are both crimes against property, embraced under the same
title of the RPC. The implication is that he is specializing in the commission of crimes against
properl,y, hence aggravating in the oonviction for Robbery with Homicide.

Habitual delinquenoy which brinp about an additional penalty when an offender is convicted
a third time oi more for specified crimes is conectly considered because Juan had akeady
three 93) previous convictions by final judgment for theft and again convicted for Robbery
r
with Homicide. And the crimes specified as basis for habitual delinquency includes, inter
alia, theft and robbery

TAKE NOTE OF T}IE ELEMENTS AND DEFIN]TION OF RECIDTWSU QUASI.


RECIDTVISIVI, HABITUAL DELINQUENCY AND MULTI.RECIDTVISM.
DISTINGUISH ONE FROM THE OTIIER.

l6.Donnie should be tried only for damage to property through reckless imprudence. As sucb,
it cannot be complexed with the light offense of slight physical injuries through reckless
imprudence which had already prescribed since that crime prescribes in sixry days.

Moreover, applying Article 48, if one offense is lighq there is no complex crime. The
resulting offenses may be treated as a separate or the light felony may be absorbed by the
grave felony. Thus, the light felonies of damage to property and slight physical injuries, both
resulting from a single act of imprudence, do not constiarte a complex crime. They cannot be
charged in one information. They are separate offenses subject to distinct penalties.(Lontoh
Jr. v. Hon. Gorgonio, 413011979)

TAKE NOTE OF THE KINDS OF COMPLEX CRIME. DISTINGUISH ONE FROM THE
OTHER )is{ivrguish .Llso froha Slaoiol Cowtglcx C*rwto/Cornlosi{e *lwv

l7.Yes, Manny committed the crime of evasion of service of sentence when he went to
Dagupan City which he was prohibited from entering under his sentence of destierro.

Manny maybe prosecuted in Dagupan Crty or Manila where he was arrested This is so
because evasion of service of sentence is a continuing offense, as the convict is a fugitive
from justice in such case.@arulan vs. Dir. Of Prisons, L-28519,2/1711968)

l8.No. Alma's contention is not correct. The futh of the offended party does not extinguish
the criminal liability of the offender, because the offense is committed agai$t the State
(People v. Misola). Hence, it follows that the civil liabilrty of Alma based on the offense
committed by her is not extinguished. The estate of Inrna can continue the case.

On the other hand, if it were Alma u&o died pending the appeal of her conviction, her criminal
liability shdll be extinguished and therewith the civil liability under the RPC (Art. 89, par. 1,
RPC). However, the claim for civil indemnity may be instituted under tk Civil Code (Art.
ll57) if predicated on a source of obligation other than delicl such as, law, contracts, quasi-
contracts, and quasi-delicts. (People v. Bayotas, 236 SCRA 239)

TAKE NOTE OF TI{E MODES OF EXTINGIIISHING CRIMINAL LIABILITY AS WELL


AS MODES oF PARTIAL ExrINCnoN oF cRnm{AL-LIABnmT'1 ei+i'*ti*-{ Z''it u'l;t;g
19.No. Art. 70 of the RPC is concerned exclusively with the "service" of sentence; it speaks
*be
of "duration" of penalty and penalty to inflicted." It has nothing to do with the imposition
of the proper penalty. Nowhere is it there envisioned ttrat the court should make a
computation an{ in its decision, sentence the culprit to not more than three-fold the most
severe of the penalties imposable upon him. Compttration is for the prison authorities to
undertake. Thus, the proper penalty to be imposed should be 48 years and 1 day. (People vs.
Salazar, C.A.,61 O.G. 5913)

*THIS MAY CONFUSED YOU. SO, FOLLOW WHAT IS SPECIFICALLY PROYIDED


UNDER T}IE LAW WITH RESPECT TO THE THREE.FOLD RULE AS TI{E ABOVE IS
BASED ON A DECIDED CASE A LONG TIME AGO ALREADY.
,I.AS TO PRESCRIPTION, DISTINGUISH PRESCRIPTION OF TIIE CRIME VS.
PRESCRIPTION OF PENALTY; KNOW TIIE BASICS.
IAS TO OTHER SPECIAL PENAL LAWS, THAT WOULD BE YOUR RESPECTTVE
LOOK-OUT.
Fry.:?rTe,€Y.'sry;:*.-

l. An alien resident wtro laries war against the Philippines or adkes to her remies, gving them aid or
comfort is liable for treason.
a. True
b. False
c. It depends

2. Evaluate the following:


A. Treason cannot be committed in time of peace'
B. Adherence to the enemy without grving the €nemy aid or comfort does not constitute treason

a. Statement I is true.
b. Statgment tr is false.
c. Statements I and II are true.
d. Statements I and tr are false.

3. Treason is a war crime.


a. True
b. False

4. Levyrng war requires the concurrence of actual assembling of men for the purpose of exea*iog a
treasonable design by force.
a. True
b. False

5. When there is adherence to the enemy ard ast which may do aid or comfort to th enemy does not aIKxId
to treason.
a. True
b. False

6. Serving in the Japanese Army as agent or spy and participating in the raid of grrerilla hideout is a
treasonous act.
a. True
b. False

7. Are ways of proving treasor\ er(ce,pt:


a. Testimony oftwo witnesseq at least, tothe same ov€rt act'
b. Spontaneous confession ofaccusd afterhis arrest.
c. Confession of the accusd in open court.

8. The testimony of two witnesses is required to prov€ the overt act of giving aid or comfort.
a. Tnre
b. False

9. The testimony of two witnesses is required to prove adherence to th enemy.


a. True
b. False

10. The testimony of two witnesses is required to prove conspiracy or proposal to commit treason.
a. True
b. False

11, Evaluate the following:


A. Espionage is a crime not conditioned by the citizenship of the offeder.
B. Treason can be committed by aliens while outside the coutry.
a. Statement I is tnre.
b. Stdement tr is true.
c. Statements I and tr are true.
d. Statement I is false and statement tr is true.

12. The offender need not be a citizen of the Philippines in all of the following crimes, excep,t?
' a. Treason
b. Misprision of Treason
c. Fliglt to Enemy's Country
d. Piracy

i3. A vessel is seized in the Philippine Sea. Theq the vessel is transferred by pirates to Singapore. Are tlre
pirates liable underPD 532?
a YcC the ffiiing of trG vtsod fio,m lLc milippiocs o Singryue is stilI prt of th wtole act of
piracy.
b. No, t:h taosferring of the vessel from the Philippiines to Singapore gives Singapore exclusive
jurisdiction over tlre case.
c. Yes, ptary is a oime against thelaw of nations.
d. No, the transferring of the vessel from the Philippines to Singapore divested Philippines the power to
prosecute the piraes.

14. Which ofthe following is true?


a. Tte crime of inciting to war or giving motives for reprisals is committed in time of war.
b. The crime of inciting to war or giving motives for reprisals is committed in -'me of peace.
c. In the crime of inciting to war or giving motives for reprisats, the intention of the acosed is material.

15. Is an element of the crime of violation of neutrality?


a. That there is war in which tie Philippines is not involved.
b. That there is a regulation issued by competert authority for the purpose of enforcing na*rality.
c. That the offender violates such regrlation.
d. All of the above
e. B&conly
16. Amoy, a Chinese businessman is engaged in the buy and sell of copra and presently resides in Cebu when
war was delared by China with the Philippines. The latten then prohibited its residents to make
correspondence with the enemy country. Thinking of his ailing father, Amoy, wrote a letter ptqposely to
inquire as to the health condition of his father. Whar crime was committed by Amoy, if any?
a. Inciting to war or giving motives for reprisals
b. Violation of nartrality
c. Correspondence with hostile country
d. Treason
e. None ofthe above

17. ln the immediately preceding number, if Amoy wrote a letter to his farher containing information with
regards to the defense plan of the Philippines to help his father who heads the Chinese Eoops itr their
of[ensive plan against the county, what crime is commitrcd?
a. Inciting to war or giving motives for reprisals
b. Violation of neutrality
c. Correspondence with hostile coutry
d. Treason
e. None oftie above

18. The following are elements ofthe crime of flight to enerny's cormtry, €xc€pt:
a. That there is war in which the Philippines is not involved.
b. That the offen{er must be owing allegiance to the government.
c. That the offender attempts to flee or go to enemy coutrtry.
d. That going to enemy country is prohibited by competent authority
e. None ofthe above

19. Arr alien resident may be guilty of fligtt to enemy's counfy.


a. True
b. False

20. What are the elements of piracy?


a.
That a vessel is on the high seas or in Philippine waters.
b.
That the offenders are not members of its complement or passeng€rs of tk vessel.
c.
That the offenders (l) attack or seize that vessel, or (2) seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of its complement or pass€ngem.
d. All ofthe above

2t. Is the robbery or forcible depredation on the high seas, without lawful authority ad done with animo
furandi and in the spirit and intention of universal hostility?
a. Piracy
b. Mutiny
c. Hijacking

22. Is the unlawful resistance to a superior officer, or the raising of commotions and disurbances on board a
ship against the authority of its commander?
a. Piracy
b. Mutiny
c. Hijacking
23. Piracy has no territorial limits.
a. True
b. False

24. Any person who aids o, pror*, pirates or abets the conrmission of pirary shall be considered as:
a.
Accomplice
b.Accessory
c.Conspirator

25. Which ofthe following is true?


a.
In counterfeiting, there is an imitation of the original handwriting; signature or rubric.
b.
In counterfeiting it is nocessary thar the imitation be perfect.
c.
Falsification is not committed ifthe pblic document is simulated.
d. All ofthe above

26. It shall be unlawful for any p,erson to compel an aircraft of foreign regstry to land in the Philippine
territory or to seize or usrrp the control thereof while il is within the said territory.
a". True
b. False

27. It shall likewise be unlawful for any person to compel a change in the course or destimion of an aircraft of
foreign registry or to seize or usurp the control thereof, while it is in flight.
a. True
b. False

28. An aircraft is in flight from the moment all its internal doors are closed following embarkation until any of
such doors is opened for disembarkation.
a.True
b. False

29. An element of arbitrary detention?


a.That the offender is a public ofiFrcer or employee.
b.That he detains a penlon.
c.That the detention is without legal gromds.
d. All ofthe above
e. a& b only

dl their food
30. Mr. lvl, one of the department heads of the city ordered the locked up of his s€nrant for eating
for dinner. He was allowed to gpt out from the room in the morning ofthe following day. What crime was
committed?
a. Arbitrary detention
b. Delaying release
c. Illegal detention

3l What crime is committed when a public officer or employee d€tains a person witbotrt legal grotmds?
a. Delaying release.
b. Arbitrary detention.
c. Delay in the delivery of detained person to the proper judicial authorities.

?', A private individual who conspird with public officers in detaining a person without legal grouds is
guilty of arbitrary detention?
a. True
b. False

33. Are legal grounds for the detention ofany perso4 except?
a.Commission of a crime.
b. At least, there is no reasonable ground for suspicion that he has commiaed a crime.
c. Violent insanity or any other ailment requiring the compulsory confinement of the parient in a horyital.

34. Arrest without warrart is the usual cause of arbitrary ddention?


a.True
b. False

35. Are lawful warrantless arrests?


a.When a person is caught in flagrante delicto or immediately thereafter committing a crime.
b.When the person to be arrested is a prisoner who has esca@ from a penal establishment.
c. Alloftheabove.
d. A only

36. Are facts and circumstances which could lead a reasonable discreet and prudent man to believe \a an
of;[ense has been committed and that the object sought in connection with the ofense are in the place
souglrt to be searched?
a. Probablecause
b. Absolutory cause
c. Absolute cause
d. Warrant of Arest

37. Delay in the delivery of detained persons to the propr judicial authorities is committed when the pblic
officer or employee detained a person withotrt legal ground and fails to deliver such person to the p,roper
judicial authorities within the prescribed p€riod.
a. True
b. False

38. Which of the following is tnre?


a. Arbitrary detention is committed when the private individual daains a penson witbut legpl ground-
b. A public offtcer or employee is liable for delay in the delivery of detained p€rson to the proper judiciat
authorities when he fails to deliver slch person to the proper judicial authorities within the prescribed
period.
c. Arbitrary detention is committed when the person to be arrestod is a prisoner who has escapod while
being ransferred from one confinement to anotlrer.

39. Time of delivery of detahed p€rson presoibed in Art. 125 does not apply to zuspected t€flrorist who are
detained under RA 9372 othenwise known as "Human S€curity Aa of 2007 ."
a. True
b. False

40. AA was pros€fiIted for robbery. For the repeated non-appearance of the complainad, the court ordered for
the provisional dismissal of the case. The order of release was received by the jail warden in the aftermon
of a Friday but did not s€rve the same as he was €ag€r to go home to spend his long we*ed in tb
province until on the next working day. Wht crime was committe4 ifany?
a. Arbitrary detention
b. Delay in the delivery of detained person to thc proper judicial autbdty
c. Delaying release
d. Illegal deterrion

41. Expulsion is committed when a person is expelled or compelled to change his residence withor* being
authorized by law when the ofender is a?
a. Private individual
b. Public officer

42. Is committed when a public offrcer ent€rs a dwelling against the will ofthe owner thereoi search pap€rs or
other effects found therein without previous consent of such owner, or, having srreptitiqsty entffed ssid
dwelling, and being required to leave the premiseq shall refuse to do so?
a. Violation of domicile.
b. Search warrants maliciously obtained and abuse in the serrrice of those legally obtaind.
c. Searching domicile without witnesses.

43. Violation of domicile can be commiued by a privateindividual?


t. True
b. False

44. Are acts punishable in connection with search warrants?


a. Procuring a search warrant without just cause.
b. Exceeding his authority in executing a search warrant legally proared.
'c. Using unnecessary severity in executing a search warrant legally procured.
d. All of the above

45. What crime is committed if a public offrcer or employee pr6cures a search v/arrarrt without just cause?
a. Search warrants maliciously obtained
' b. Violationofdomicile
c. Illegal search and seia.re
46. Is an order in writing issued ia the name of the People oftb Philippines, signGd by a judge aod directed to
a peace offrcer, commanding him to search for persond property descriH-th€rein 8rd bring it before the
court.
a. Bench Warrant
b. Alias Warrant
c. Arrest Warrant
d. Search Warrant

47. Detaining a person without legal ground constitutes the crime of Arbirary Detention ifthe offender:
a. Is a public offrcer
b. Inflicts physical restraint on the individual detained
c. Detains the person for more thao 3 days
d. Detains the person because he committed a crime in the offender's presence

48. A police officer can be held liable under Human Security Aa of 2AO7 if he fails to deliver a person chargpd
with or suspected of the crime of terrorism or conspiracy to commit terrorism to proper judicial authuity
within the period of
a. Two days
b. Three days
c. Fourdays
d. Five days

49. Enrico applied for a permit to hold an indignation rally in the public plaza. Howaner, th€ city mayor denied
the permit on reasonable ground to believg basing upon previous utt€ranoes and upon the fta that passions
remain bitter and hig[ thEt similar speeches will be delivered by the speaker teding to undermine the frith
and confidence of the people in the government and in the duly constiarted authoritieq which might
threaten breaches ofthe peace and disruption ofpublic order. What crime is committed if any?
a. Prohibition of peaceful me€ting
b. Irtem.rpion of peaceful meeting
c. Intemrption of religious worship
d. No crime is committed as the denial of the permit is with legal ground.

50. Evangelista and Ramos were arested by the police officers because when a parade was about to be hel4
E-vangelista spoke before the peoplg raised his fist and accused the big ones ofperseanting ad oppressing
them while Ramos shoute4 "Let's fight them. Let's fight them until death- which also promptd the pofice
officers to dispersed the people present by usrng a water pump. Wbat crime is committd if any?
a. Prohibition of peaceful meeting
b. Intemlpion of peaceful meeting
c. Dissolution of peaceful me€ting
d. Np oime is committed as the acts of the police officers were properl

51. Is committed when anyone who, in a place devoted to religious worship or during the celebration of any
religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful.
a. Intemrption of religious worship
b. Intemrption of religious oeremony
c. Intemrption of peaceful meetings
d. Offending the religious feelings

<, Evaluate the following:


A. Unlawfully obtaining or permitting to be obtained information affecting naional defense is an act of
espion4ge punished under CANo. 616.
B. Disloyal acts or words in time of peace constitrses espionage and punished under CA No. 616.

a. Statement I is true.
b. Statement tr is false.
c. Statements I and tr are true.
d. Statement I is true and tr is false.

53. Refers to public uprising and taking arms against the Government to completely overthrow and zupersode
the existing government?
. a. Rebellion
b. Inzurrection
c. Sedition
d. Coup d'etat

54. Is more commonly employed in reference to a movement which seeks merely to effect some change of
minor importance, or to prevent the exercise of governmental authority with respect to partiorlar mdters or
zubjects.
1 nebcflftn
b. Insrrection
c. Sedition
d. Coup d'etc

55. Evaluate the following:


A. The levying of war against the Covennmem would coostiEte treasm wh perbrd to aid the
enemy.
B. The levying of war egainst the Government during peace time for any purpose world consiarte
rebellion.

a. Statement I is false.
b. Staternent II is true.
c. Statements I and tr aretrue.
d. Statements I and tr are frlse.

56. Rebellion is an element of the crime of zubversion.


a. True
b. False

57. Evaluate the foflowing:


A.Subversion is a crime against public order.
B.Rebellion is also a oime against public order.

L. Statement I is true.
b. Staement tr is false.
c. Statement I is true and statement tr is frlse.
d. Stdernent I is false and stdement tr is true.

58. When a p€rson commiued highway robbery as penalized under PD 532 and it sows ad creates a condition
of widespread and extraordinary fear and panic amoag the populace, in orde,r to co€rce the governmed to
give in to an unlawful demand shall be grrilty of the crime of terrorism
a. True
b. Fdse

59. Mere conspiracy to commit terrorism is not a crime.


a. True
b. False

60. The crime of Coup d'etat is committed by means of a swift *tack accoryanied by theds and otkrs'
except:
a. Intimidation
b. Strdegy
c. Stealth
d. Force

61. Is the purpose of Coup d'etat?


a. To overthrow compleely the government.
b. To prevent the promulgation or execution of any law.
c. To seize or diminish state power.
d. To despoil for any political or social end.

62. A person shall be liable for rebellion when the killing or robbing are not politically motivated.
a.True
b. False

63. When two or more p€$ons come to an agreement to rise prblicly and take srn6 against the Government for
any purposes ofrebellion and decide to commit it is liable fofl
a. Rebellion
b. Conspiracy to mmmit rebellion
c. Proposal to commit rebellion
d. of rebellion
.Misprision
&. Disloyalty of public officers or employees is committed when a private individual acc€pts an appoimrent
to offrce under the rebels?
a. True
b. False
65. What crime is committed by oe who does m talse rms or is rd in open hosility agEinst the Goternmem
but incites others through speectres, proclamations, initings, emblemg banners or other
I
tending to the same end?
a. Inciting to sedition
b. Incitingtotreason
c. Inciting to coup d'etat
d. None of the above

66. Is committed by persons who rise publicly and tumultuously in order to uain by forcg intimidatioq or by
other means outslae of legal methods to inflict any act of hate or revenge upon the person or property of
any public officer or employec?
a. Insurrection
b. Coup d'etd
c. Sedition
d. Rebellion

67. Is committed by any p6rson who does not take arms or is oot in open hostility against the Governmert
incites others tothe lxecution of any of the acts of rebellion by means of speeches, proclamcionq writings,
emblems banners or other representations tending to the same end-
a. Inciting to sedition
b. Inciting to rebellion
c. Inciting to coup d'etat
d. Conspiracy and proposal to commit rebellion

68. The following are objects of seditio4 €xcept:


a. To prevent the orecution of any law.
b. To despoil , for any political or social en4 any person, municipality or province, or the National
Government of all its prop€rty or any part thereof
c. To inflict any ag-of hate or revenge upon the person or prop€rty of any prblic ofEcer or e,mployee.
d. Noneoftheabove.

69. Evaluate the following:


A The ultimate object of sedition is a viol*ion ofthe public peace-
B.Sedition can be committd by one person.

a. Std€ment I is true.
b. State,mentII is true.
c. Statement I is false.
d. Statements I and tr re true.

70. A group of senior citizens consisting of 50, and at least five of them carrying their cales' assembled in ttte
city hall. They proceeded to the council and demaded the dismissal of Mr. Tigu l{ang for allegedly
misappropriating the funds intended for the Office of the Senior Citizens. The council asccded to their
wishes by passing an ordinance. What crimels is committed if any?
a. Sedition
b. Inciting to sedition
c. Conspiracy to commit sedition
d. None ofthe above

PARTtr.ESSAY

l. Antonio is a Filipino doctor living in the United States for quite sometime already. When the Philippines was at
war with Kore4 he went thereto to help in the medical mission. While thaear, he was invited by a Korean
officer to extend medical assistance to their nationals who were injured &ring the encourter of tbe Koreans
with the Filipino soldiers. What crime was committed by Antonio? Explain. (2 pts)

2. Antonio assembled a group of men and levies war to overthrow Mr. X, whom Antonio found to be very abusive
of his public function and taking advantage of the war by making the lives of the Filipinos more miserable in
which the Philippines is involved. Is Antonio liable fortreason? Why?(2 pts)

i. Senyor Pedro was convicted for misprision of treason for his failure to disclose MacaMa and his group's plan
to commit treason. He contends that his act of concealing the plan of Macabenta who is his son was motivated
by his fatherly love to help his son and exempts him from criminal liability by express provision of ArL 20 of
the RPC. Is his contention tmable? Whtr (2 pts)

4. Tse Si Yuan is a Taiwanese citizen who established his residence in Pasay City He was elected presidert of an
issociation composed of Taiwanese nationals residing in the Philippines. When China declared war against the
r
Philippines, Tse Si Yun secrrety gdher€d his mcmbers in o mo*ing in ordcrto dsrss eectire mns of
disarming the Filipino forces and crippling their resotrrces as a nnans of hlping tb Chinese win their barle.
a. If you were the prosecutor, what would you charge Tse Si Yuan fot? (3pts)
b. Would your answer be the sarire had Tse Si Yuan been a Chinese citizen? (3 pts)

5. While crossing the street, Brando snatched Martha's cellular phone. POl Blanco wbo was manning the traffic
saw the incident and chased Brando but was left behind because he was slow. Iater in the afternoon, POI
Blanco saw Brando walking and thus arrested him. Brando resisted as POI Blanco is nd armed with a watrara
of arrest.
a. Is Brando's conteotion t€nable? Explain. (2 pts)
b. When is warrantless arrests laurful? (3 pts)

6. Brando was detained for robbery. However, FOI Blanco failed to deliver him to the proper judicial authority
within the prescribed period.
a. What crime did POI Blanco commit, if any? Why? (2 pts)
b. Would your answer be the same if his arrest was by virtue of a warrant of arrest? Explain. (2 trs)

7. Mr. Maloloy-on is a close family friend of the President. In his desire to help the victims of typhn Pablo, he
suggested to the President to do some sort of fund raising activity by sending solicitation l€tt€rs. Thereafter, he
prepared the solicitation letters but the President failed to signed them as he was in a hurry to personally check
the typhoon victims. Thus, Mr. Maloloy-on affixed the signature of the President. What crime is committe4 if
any? Why? (3pts)

8. In the immediately preceding number, Mr. Suluguon got hold of copies of the said solicitation letters. In fact, he
knew that it was Mr. Maloloy-on who affixed the sign*ure of the President as he was pres€nt when the forms
affixed the signature. Mr. Suluguon used them by s€nding it to some businessmen who are closed to him. Slhat
crime is committed, if any? Why? (3 pts)

9. How is forgery committed? (2 pts)

10. Who is a person in authority? ( lpt)

.NOTHING FOIIOWS.

Suggested ans\iler:
l.A 31.B 6l.c
2.C 32.L 62.8
3.4 33.8 63.B
4.4 34.A 64.B
5.B 35.C 65.D
6.A 36.A 66.C
7.8 31.8 67.8
8.A 38.B 68.D
9.8 39.A 69.4
10. B 40.c 70.D
11. A 4l.B
12. B 42.L
13. A 43.8
14. B 44.D
15. D 45.A
16. C 46.D
17. D 47.4
18. A 48.B
19. A 49.L
20. D 50.D
21. A 51.D
22. B 52.C
73. A s3.A
24, A 54.8
25. A s5.c
26. A 56.B
27. B 57.D
28. B 58.A
29. D 59.8
30. c 60.D
r-
l. Antonio committed no crime.

While his act oonstitutes gving aid or comfort to the enemy of the Philippines which would make him
liable for treason but there is no showing that he adhere to the enemy.

Therefore, he is not liable.

2. No, Antonio is not liable for treaso[

Art. 114 of the RPC requires that any Filipino citizen or a resident alien who levies war ngain$ the Philippines
or adheres to her enemies, grving them aid or comfort shall be liable for treason In the case at bar, though the
act of Antonio is levying war but, the same is not directed against the government.

So, he is not liable for treason.

3. No, his contention is untenable.

The exemption from oriminal liability in Art. 20 rders to acts of an accessory. In the case at bar, Senyor Pedro
was convicted as principal for misprision oftreason and not as an accessory.

4. I will charge Tse Si Yuan forthe crime oftreason.

Being a resident of the Philippines, he owes temporary allegiance to the government, notwith$anding his
Taiwanese citizenship. Considering that the Philippines is at war with Chinc by acunlly a*sembling his men
(gathering them in a meeting) for the purpose of exeanting a treasonable design by force (aisarming th Filipirn
forces and crippling their resources), then he breaches the temporary allegiance he owe. That is treason-

Yes, my answer would be tle same. IIad Tse Si Yuan been a Chinese national, he would have had committed
the same crime. By becoming ao enemy, he does not lose his temporary allegiance to the Philippines because
just the same, he resides here. The fact remains that a[ t]e elements of the crime are present. Hence, treason is
committed.

5. a.No, Brando's contention is not tenable. The arrest is considered valid because tk time lapsed did rct srceed
one day or 24 hours and he has personal knowledge ofthe incident. (Or under hot prsrit)

b.Warrantless alrests is lawful under the following circumstances:

l.Wheq in his presence, tle person to be arrested has committe4 is acnrally committing or is
attempting to commit an offense;
2. When the offense has in fact been committed and he has personal knowledge of the facts thd the
person to be arrested has committed it; and
3.When the person to be arrested is an escaped prisoner.

6. a.POl Blanco is liable under Article 125 of the RPC-Delay in the Delivery of Detained Persons to the Proper
Judicial Authorities.

Although the detention is legal in the begiming the detertion become illegal &om the expiration of
the periods of time specified in Art 125 for the delivery of the detained person to the proper judicial
authority.

b.No, my answer would not be the same.

Ifthe arrest was by virtue of a urarrant of arresg POI Blanco caonot be held liable under Art. 125.
This article does not apply if the af,rest was made by virtue of a valid warrant of arrest.

7. The crime committed is forging the signature of the Chief Executive because the forged signature is one that of
the President.

L The crime committed is using of forged signature of the Chief Executive because Mr. Suluguon has knowledge
that the signature of the President is forged and he still used the same.

9. Forgery is committed by:


a. By giving to a treasury or bani note or any instrument payable to bearer or to order mentioned therein, the
appearance of a true and genuine document.
b. By erasing substituting counterfeiting or altering by any rireans the figu.es, letters, wordq or sign
contained therein.

10. A person in authority is one who is directly vested with jurisdiction.


I

While crossing the stre'et, Brando snatched Martha's cellular phone. PO1
Blanco who was manning the traffic saw the incident and chased Brando but
was left behind because he was slow. Later in the afternoon PO1 Blanco saw
Brando walking and thus arrested him. Brando resisted as PO1 Blanco is not
armed with a warrant of arrest.

1. ls Brando's contention tenable? Explain.(4 pts)


2. When is warrantless arrests lawful? (apts )

I
Brando was detained for robbery. However, PO1 Blanco failed to deliver him
to the proper judicial authority within the prescribed period.

1. What crime did PO1 Blanco commit if any? Why? (3 pts )


2. Would your answer be the same if his arrest was by virtue of a warrant
of arrest? Explain. (3 pts )

ilr

ln a surveillance operation, Agent Villamor gave Nardo 5 pcs. of PZO peso bills and
instructed him to buy shabu from Rigen, a well known drug pusher and was the
subject of their surveillance operation. Moments later, Nardo came back with a
pack of shabu and hand it over to Agent Villamor. However, the latter arrested
him for possession of shabu pursuant to Sec. 11 of RA 9165.

1. ls Nardo criminally liable? Explain. (3 pts)


2. Distinguish entrapment from instigation. (5 pts)

tv

A policeman went inside the store and found out that the store owner was selling
liquor without license. He said to the owner, "lf you will not give me P3000, I will
arrest you." So, the owner gave him.

1. What crime or crimes did the policeman commit? Why? (4 pts)

ProtaEio was arrested for illegal possession of firearms by PO Lim. PO Lim did not
surrender the confiscated firearm but pocketed the same.
1. What crime did PO Lim commi! if any? Why? (4 pts)
2- Would your answer be the same if PO Lim deposited said firearm for
safekeeping with the Mayor however, said firearm was lost? (4 pts)

vt

ln an action for Replevin, Susan obtained a favorable judgment and accordingly,


Sheriff Mario was tasked to recover the sports car which was the subject matter
of the action. However, instead of depositing said car, Sheriff Mario used the car
and drove it to Hidden Paradise Resort. Along the way, one of the tires hit a nail
and got flat. Sheriff Mario took the car to a nearby vulcanizing shop and informed
Roman, the mechanic, that the car is a government property. yet, despite
Mario,s
statement, Roman cannibalized the sports car.

1. What crime did Mario commit, if any? Why? (A pts)


2. What crime did Roman commit, if any? Why?(4 pts)

vil
Juan is the President of the First Year College of Law Class of University
of San
Jose-Recoletos. After their final exams in Criminal Law, he treated his
classmates
to a nearby club. ln the course of their drinking session, Juan and his classmates
had an altercation with a group of men in another table. As a result
thereof, a
fight ensued and Juan was able to kill one of the men who turn out to
be his long
lost brother who stow away when he was still 3 years old. A parricide
case was
then filed. During airaignment, he entered a plea of guilty.

1. ls the charged for parricide correct even if he didn't know that it was his
brother whom he killed? Explain. (a pts)
2. What will be the effect of his plea of guilty to his criminal liability, if any?
Why? (4 pts)

vilt
Delilah hated his father Dario so much and wanted to kill him because
the latter
raped her several times. She sought the help of Samson, her boyfriend.
Together, Delilah and samson succeeded in killing Dario.

1. What crime did Delilah commit? Explain. {3 pts)


2. What crime did Samson commit? Explain.{3 pts}
nt

Anita was brought by her Aunt to the city. Unknown to Anita, her Aunt is working
as a Guest Relation fficer iri a club. Since she has no place to go, she was forced
to work in the same club and became a prostitute.

1. What crime was committed, if any? Explain. (5 pts)

A stole the watch of B. A then sold said watch to C who knew that the said watch
was stolen. While preparing for school, C left the watch on top of her desk.
Unfortunatety, her roommate B took the same as she was fascinated by the watch -
and took the same not knowing that the said watch was the one she lost 6
months ago.

1. What crime did A commit? Explain. (3 pts)


2. What crime did C commit? Explain. (3 pts)
3. What crime did B commit? Explain. (3 pts)

xl

X and Y had an altercation and a fist fight ensued. X was over powered by Y. Out
of hatred, X sought the help of Z, his drinking buddy. X and Z both killed the pet
dog of Y.

t. What crime was committed, if any? Why? (2 pts)


2. lf X is the father of Y, does he incur any liability? Explain. (3 pts)

xil

with Marcelino. He
Luis has been secretly in loved with Josephine who is engaged
saw her lying down on the sofa. Thinking that she was just dozing off, Luis
undressed her and had a glorious sex with her. But in reality, she was already
dead when he had his waY with her.

1. What crime was committed? Explain. (3 pts)


2. ls an impossible crime really a crime? (3 pts)
xlll

Mariel was driving her car when ,h" *., stopped by Ruben
who posed as a traffic
told her that he
enforcer. Later, he boarded such car, pulled a gun on Mariel and
needed the car. Then, another man, Roberto also boarded
the car and pulled
and drove the car.
Mariel to the backseat while Ruben took over the driver's seat
Atong the way, Mariel was forced to take certain tablets
which made her lost
Lahug when she awoke
consciousness momentarily. They were already in Apas,
missing, and a third man
and noticed that her personal belongings and cash were
place somewhere in
was already in the front seat. The car stopped at a deserted
Busay Heights where Mariel was escorted by Roberto
to a site not far from the car
hitting her right arms'
to relieve herself. Just as she was getting up, she was shot
had already left
she passed out but regained coniciousness when the culprits
and recovered
with her car. she walked towards a hut were she fainted again
only when she was in the hosPital'

(8 pts)
1.What crime or crimes were committed? Explain.

xlv

Jessie was charged for Attempted Murder before the RTC of cebu. During the
pre-Trial he entered into a plea Bargaining Agreement and pleaded guilty to a
lesser offense of Attempted Homicide. The court sentenced
him to suffer a
penalty of 4 years 2 months and 1 day to 6 years of imprisonment and to
indemnify the complainant in the amount of P500,000 as civil liability'

1. ls Jessie qualified to apply for Probation? why? (4 pts)


2. When does the lndeterminate sentence Law not applicable? {a pts)

XV

wearing the said


Henry lost his gold necklace bearing his initials. He saw Marvin
to him,
necklace. Henry asked Marvin to return to him lhe necklace as it belongs
you will not
but Marvin refused. Henry then drew his gun and told Marvin, "lf
his
give back the necklace to me, I will kill you!" Out of fear for his life and against
will, Marvin gave the necklace to Henry'

L. What crime or crimes did Henry commit? Explain' (3 pts)


I

t. No, Brando's contention is not tenable. The arrest is considered valid


because the time lapsed did not exceed one day or 24 hours and he has
personal knowledge of the incident.
W ,r^Lr4 &t .U>1rL ; p 4rf f4*, a- Yt<L
""t*'/
2. Warrantless arrests is lawful under the following circumstances:
a. when, in his presence, the person to be arrested has committed, is
actuallycommitting,orisattemptingtocommitanoffense;-tlt@d/3^,.|1
b. when the offense has in fact been committed and he has personal
knowledge of the facts that the person to be arrested has committed it;
and - bf /*v^+
When the person to be arrested is an escaped prisoner.

il

L. PO1 Blanco is liable under Article L25 of the RPC-Delay in the Delivery of
Detained Persons to the Proper Judicial Authorities. Although the
detention is legal in the beginning, the detention become illegal from the
expiration of the periods of time specified in Art 125 to the proper judicial
authority.

2. No, my answer would not be the same. lf the arrest was by virtue of a
warrant of arrest, PO1 Blanco cannot be held liable under Art. 125. This
article does not apply if the arrest was made by virtue of a valid warrant.

lI
1. No, Nardo is not criminally liable. The criminal intent was initiated by
Agent Villamor. This is a case of instigation which is frown upon by the law.
lnstigation is an exempting circumstance.

2. Entrapment is a legal way and means resorted to by law enforcement


officers for the purpose of trapping and capturing criminals in the act of
committing a crime, such as in a buy-bust operation for the apprehension
of drug dealers in flagrante delicto while lnstigation is a circumstance which
induced one to commit a crime which he othennise would not have
committed. lnstigation is an inducement by an officer of the law for the
commission of a crime by one who would not have perpetrated it except
for the trickery employed by such officer.
ln entrapment-

a. The criminal design orginates from and is already in the mind of the
lawbreaker even before entrapment;
b. The law enforcers resort to ways and means for the purpose of
capturing the lawbreaker in flagrante delicto; and
c. This circumstance is no bar to prosecution and conviction of the
lawbreaker.

ln instigation-

a. The idea and design to bring about the commission of the crime
originated and developed in the mind of the law enforcers;
b. The law enforcers induce, lure or incite a person who is not minded to
commit a crime and would not othennrise commit it, into committing the
crime; and
c. This circumstance absolves the accused from criminal liability

tv

1. The policeman committed robbery. Robbery is committed by means of


force, violence or intimidation of persons. ln the instant case, the owner
was intimidated so he acceded to the policeman.

L. Malversatiorr that was confiscated has


is committed by PO Lim, the firearms
become a public propefi. By confiscating the said firearms, he became an
accountable officer charged to surrender the same.

2. No, my answer would not be the same. PO Lim would not be liable for
malversation. The confiscated firearms was not lost in his possession.

VI

1. Mario committed malversaion. Mario held in trust the subject property but
misappropriate the same for his personal use.

2. Roman is also liable for malversation. He has knowledge that the subject
propenty is a government property but despite such knowledge he
cannibalized the sports car.
vll

1. No, the charged for parricide is incorrect because killing a brother is not
among those enumerated under Art. 246.

Z. His plea of guilty of the crime charged during arraignment shall be


considered as a mitigating circumstance that will serve to lower his penalty
by one degree.

vilt

t. Delilah committed paricide for the killing of his own father.

2. Samson committed the crime of Murder or Homicide.

tx

1. The Aunt is liable for Anti-Trafficking in Person. Her act of recruiting Anita,
and transporting her to the city for purposes of prostitution is punishable
under RA 9208.

1. A committed the crime of theft for taking the personal property of B with
intent to gain against the will of the latter.

2. C is liable under PD 1612 for possessing or buying a personal property


which was subject of theft.

r 3. B committed the impossible crime of theft for taking his own watch.
lmpossible crime is committed when through legal or physical impossibility
the commission of a crime against person or property could have been
committed.

xt

1. X and Z committed the crime of malicious mischief for the killing of the
pet of Y. Any person who shall deliberately cause the property of
another any damage is liable for malicious mischief.
2. Although the law exenrpts direct ascendant or descendant from any
criminal liability in the crimes of theft, swindling and malicious mischief,
he is liable civilly pursuant to Art. 332 of the Revised Penal Code'

xil

1. The crime that was committed is an impossible crime to commit rape. RA


8353 has reclassified rape as an offense against person, no longer a crime
against chastity. lmpossible crimes refers to acts which would be an
offenSe against person or property, were it
not for the inherent
impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.

2. No, an impossible crime is not really a crime. lt is only so-called because


the act gives rise to criminal liability. But actually, no felony is committed.
The accused is to be punished for his criminal tendency or propensity
although no crime was committed.

xill

1. The crimes committed were:


a. Kidnapping and serious illegal detention with frustrated murder (complex
crime) because there was actual restraint on the victim's libefi from the
time she was taken from Apas, Lahug to a remote place in Busay Heights
and the gunshot wound which was inflicted with treachery and
premeditation would have resulted to the victim's death.

b. Theft {not robbery} for the taking of the victim's personal belongings since
she was asleep and unconscious when the taking which came as an
afterthought was committed, and

c. Carnapping (violation of RA No. 6539) because of the taking of the motor


vehicle

xlv

L. yes, Jessie is qualified to apply for Probation. He is qualified because,


a. He was sentenced to a maximum term of imprisonment of not
more than 6 Years
b. He was not convicted of subversion or any crime against the
' national security or public order
He was not previousty been convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or fine of not less than two hundred pesos
d. He have not been once on probation under the provisions of the
Probation Law
J

L2/7/-1994
NIZITBTADo vs. SAIIDIGAIIBAYAhI, G& NO' 107838'
In Fatsificarion ffi;;;.I-"farticle 17r of the Rpc, rhe document need not
is the essence of
be an authentic official paper ti"." its simulation, in fact, not necessarily be
falsification. So, also, thi signature appearing thereon need
forged.

DAVA VS. PEOPI-E, GR NO. 739O5,9/3O/L991 . purview oi-Articles 171 and


A driver's ticenslisip"Uii. Ao.,rm*t *itfti" the
LZZ. The blank-form^of tne ariveit-as h..ttt" becomes a public document the
moment it is accomplished. fftrt, zuch, proof of the fourth element of
d.amage caused. to another person or at least an
intent to cause such damage
has become imm;teria. ui rurrin.itioo of
public or officiar documents, the
faith and the
principal thing-i;;id P""itttug it the violation of the publicwithout license;
(case sited; drtvinq
destruction of tt t itfi proclaimed therein.
"
awested fo, -i-i{nn iiE6; fake DL; the form was genuine but the signature
was fake)

PEoPI.E, GR No.
MARK CTEMENTE y MARTINEZ AND I|{AN[JEL DINo vs.
L94367, 6/L5/aOJ.L
The elements of the crime charged for violation of said
law are: (1) that any
and security payable to
treasury or uank rrotu or certificitu or other obligation of credit not
bearer, or any instrume.tt puyuUle to ord'er or other document
payable to Uearer ir ioig"a by anottrer person; (2) that the offender
"ruidbr'fatsrfied is forged-or falsified; and (3) that he
knows urat any oi-Ur. instruments
or falsified
either used or'po.**.d *itf, intent to use iny of tY+, forged treasury or bank
instnrments. As held in People vs. Digoro, possession of false
notes alone, *itfro"t *Vtt irrg more, is got- a criminal offense' For it to
possession must be with
constitute an offense under grticle 168 of the RPC, the
city lail)
intent to use said false treasury or bank notes. (detainee of Manila

SAAVEDRTq 3R, VS. DOJ'GR" NO' 93178'


g/Ls/Lgg3
Mere assertion of a falsehood is not enough to amount to perjury' The
assertion must be deliberate and willful'

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