Criminal Law

In 2003, the Province of Davao del Sur purchased two vehicles for the use of the Governor and Vice Governor, respectively. The purchase requests, which were all signed by Luis as then Governor of the province, requested for the acquisition of one unit of Ford Ranger XLT 4x4 and one unit of Toyota Hilux 4x4. The procurement of the subject vehicles did not undergo competitive public bidding as it was effected through direct purchase. The mode of procurement was approved by the members of the Bids and Awards Committee (BAC) of the province. The two vehicles were delivered to the provincial government, and after inspection and acceptance by the concerned officials, payments were issued to the suppliers. Subsequently, a complaint was filed by a concerned citizen before the Office of the Ombudsman-Mindanao (OMB) claiming that the purchase of the provincial government violated the procurement law. The OMB, after due investigation, verified that the provincial government did not comply with the required procedure of the procurement law. Based on this finding, the OMB filed with the Sandiganbayan an Information against Luis and the members of the BAC for violation of Section 3(e) of Republic Act No. 3019. The Sandiganbayan found Luis and the members of the BAC guilty on the sole reason that violation of the procurement law constitutes evident bad faith and manifest partiality on the part of the accused. Is the Sandiganbayan correct? Explain briefly. (5 points)

A police officer responded to a disturbance call at around 1:30 p.m. in an apartment in Quezon City. Upon his arrival, the police officer encountered Sisa stabbing her 1-year-old child with a kitchen knife. The police officer grabbed Sisa and the latter threw the knife on the floor. Sisa was immediately taken into custody. Despite suffering multiple stab wounds on her back, the child survived. During the trial, Sisa insisted that she can only be held liable for Attempted Parricide because she voluntarily desisted when she threw down the knife. Is Sisa's contention tenable? Explain briefly. (5 points)

Michael was driving along the highway when he executed a prohibited U-turn. Dyords, a police officer, accosted Michael for the traffic violation. A verbal argument ensued between them. Dyords suddenly drew his service firearm and pointed it at Michael. Dyords ordered Michael to alight from his car, which the latter obeyed. Dyords then handcuffed Michael and pinned his head and body against the pavement until he could no longer breathe. Michael died. Charged with Homicide, Dyords interposed the exempting circumstance of accident as a defense. If you were the judge, how would you resolve Dyords' defense? Explain briefly. (5 points)

On February 25, 2019, Bob approached Edward to borrow Php 100,000.00 purportedly to settle some obligations, promising that he would pay the loan using a post-dated check. Convinced by Bob's promises of repayment with interest, and because of their closeness as former classmates in high school, Edward agreed to lend the said amount. As payment, Bob made, drew, issued in favor of, and delivered to Edward in the latter's residence at No. 112 Maria Orosa St., Ermita, Manila, CBC Savings Bank Check No. 32710 post-dated August 25, 2019 in the amount of Php 105,000.00. When the check was presented for payment on its due date in CBC Savings Bank Quezon City Branch, it was dishonored due to: "Drawn Against Insufficient Funds" (DAIF). On January 22, 2020, Edward sent a demand letter to Bob to pay the face value of the check, but said demand, although received by Bob, was not heeded. Hence, the check remained unpaid, with no arrangement for its payment. Draft the appropriate Information, complete with caption and title, charging Bob for violation of Batas Pambansa Blg. 22. (5 points)

Moe, Curly, and Larry were drinking and singing inside a karaoke bar when suddenly, Buboy entered the bar and without warning, immediately shot all three of them using a caliber .45 pistol. Thereafter, Buboy ran out of the bar to escape. Moe, Curly, and Larry died instantly due to gunshot wounds in their heads and bodies. With the help of eyewitnesses, Buboy was arrested. After inquest, the prosecutor charged Buboy with three counts of Homicide. Do you agree with the charge of Homicide against Buboy? Explain briefly. (5 points)

Madame X, with the promise of money, and without the use of force, intimidation, or threat, enticed Zia, a 15-year-old, to engage in oral sex by allowing Madame X to lick Zia's vagina. Zia consented because she needed the money. What crime, if any, was committed by Madame X? Explain briefly. (5 points)

Sometime in 2011, while police officers were conducting a foot patrol in connection with the report of rampant illegal activities in the area, police officer Pepe saw Raul inside a small shanty holding a disposable syringe. Being a police officer for almost 15 years and having previously made more than ten arrests involving possession of drug paraphernalia, Pepe entered through the open door of Raul's shanty and arrested him. Inside the shanty, 23 more pieces of disposable syringes and empty ampules were seized from Raul. Pepe immediately marked the seized items, took photographs thereof, and conducted an inventory in the presence of Raul, a barangay kagawad, a representative from the Department of Justice (DOJ), and a media practitioner. The seized items were turned over to the evidence custodian, who kept them in a sealed container in the police station. During the trial of Raul for the crime of Illegal Possession of Drug Paraphernalia, police officer Pepe, the sole witness for the prosecution, testified as narrated above. After which, the prosecution rested its case. The defense did not present any evidence. If you were the judge, would you convict or acquit Raul for the crime charged? Explain briefly. (5 points)

On May 15, 2013 at around 3:00 a.m., Lucy, Mary, and Raphael were on board a passenger jeepney, with Raphael behind the wheel. They were traversing the highway on the southbound lane. Meanwhile, a Virgen Bus, driven by Kiko, was traveling along the northbound lane. Kiko overtook the vehicle in front of him, which caused him to occupy the opposite lane where the jeepney was on. With the Virgen Bus traveling at a high speed, Raphael tried to avoid the collision but failed. The bus hit the jeepney which resulted in Raphael's death, serious physical injuries to Lucy and Mary, and extensive damage to the jeepney amounting to Php 500,000.00. The public prosecutor filed two Informations charging Kiko for two separate offenses: (i) Reckless Imprudence resulting in Serious Physical Injuries for the injuries suffered by the passengers; and (ii) Reckless Imprudence resulting in Homicide and Damage to Property for Raphael's death and the damage to the jeepney. Is the public prosecutor correct? Explain briefly. (5 points)

During the 2022 national elections, Bern posted on her Facebook page a statement that Alfredo, an incumbent mayor vying for re-election, has a pending corruption case with the Sandiganbayan for pocketing Php20,000,000.00 of public funds under his custody. Czarina, Bern's friend, saw the post and commented online, stating: "Bhie, true yan. Alfredo is so corrupt. Marami ding binabahay yan. Sugarol pa!" Donnabel, also Bern's friend, reacted to Bern's post by clicking the "like" button. Another person, Justine, who is a stranger to Bern and her friends, but who claims to be a crusader for good governance, came across the said post. Finding it relevant to her advocacy and crusade, Justine shared the link to Bern's post on her Twitter account. Who among Bern, Czarina, Donnabel, and Justine, if any, are liable for the crime of Cyberlibel? Explain briefly. (5 points)

Jenny obtained a fire insurance from YG Insurance Co. (YG). In payment of the policy, she issued a postdated check payable to cash in the amount of Php15,000.00 which was handed to Lisa, YG's sales agent. Lisa did not remit the check to YG. Instead, Lisa deposited it in her husband's bank account, but the check was dishonored for having been drawn from a closed account. What crime, if any, was committed by Lisa and, if there was any, what is its prescribed penalty? Explain briefly. (5 points)

Jesusa, a mayoralty candidate of the Municipality of Jaen, Nueva Ecija during the 2019 local elections, was ambushed and gunned down by Jhudas, a gun for hire. Jhudas was arrested at a COMELEC checkpoint just after the incident. The firearm he used, a baby Armalite, was verified to be without any license. During the interrogation, Jhudas admitted that Pontio, the rival mayoralty candidate of Jesusa, paid him Php 1,000,000.00 to assassinate Jesusa. Due to Jhudas' admission, coupled with the sworn statement of an eyewitness, the prosecutor filed two Informations, one for Murder and one for Illegal Possession of Firearm, against both Jhudas and Pontio. Do you agree with the prosecutor's charges against Jhudas and Pontio? Explain briefly. (5 points)

Anna and Barbara, while working inside their sari-sari store, saw Javier and Jorge robbing an elderly woman of her purse and brutally beating her to death. Anna and Barbara immediately ran outside and, when they tried to help the elderly woman, Javier and Jorge stabbed both of them. Thereafter, Javier and Jorge ran away with the elderly woman's purse. Anna suffered one stab wound which punctured her lung, but she survived due to timely medical assistance. Barbara, however, died as a result of nine stab wounds, one of which pierced through her spleen. If you were the prosecutor, what crime/s will you file against Javier and Jorge for: (i) the death of the elderly woman, (ii) the death of Barbara, and (iii) the injuries sustained by Anna? Explain briefly. (5 points)

Bernardo, a mayoralty candidate of Osram City, wanted to eliminate Yori, his political opponent. Yori announced his intention to run for mayor of the same city. A month before the filing of candidacy, Bernardo and Benjamin met at a hotel and discussed their plan to kill Yori on the day when he would file his certificate of candidacy. Based on their agreement, Bernardo would provide the guns and the money, while Benjamin would provide the personnel to cordon off all roads leading to the COMELEC's local office. On the day of the execution of the plan, however, Benjamin flew to Manila to avoid being involved in the planned killing of Yori. Bernardo, determined to kill Yori, convened his own armed group and laid out a new plan to kill Yori, and in accordance with it, his armed group patrolled all the roads leading to the COMELEC's local office. Bernardo remained in his house and monitored the execution of the plan from there. As soon as Yori and his supporters passed by the main road at around 2:00 p.m., Bernardo's armed group opened fire at them. Yori was unharmed as he was inside a bullet-proof vehicle, but ten of his supporters were killed. Bernardo, the members of his armed group, and Benjamin were later charged with ten counts of Murder for the death of Yori's supporters and one count of Attempted Murder of Yori. Discuss the criminal liability for the crimes charged against each of the following: (i) Bernardo, (ii) the members of Bernardo's armed group, and (iii) Benjamin. Explain briefly. (5 points)

Police officer John ran after Randy who had just killed Willy in John's presence. John fired at Randy in an attempt to stop him in his tracks. In response, Randy fired back at John, hitting him. John was seriously wounded but survived due to timely medical assistance. Randy was then charged with Frustrated Homicide. During the trial, Randy claimed self-defense. Is Randy's claim of self-defense tenable? Explain briefly. (5 points)

Joben, a school principal, called high school students Paula and Gina, both 15 years old, to the faculty room regarding the sexual text message circulating around campus which made reference to Joben's daughter. In front of teachers and some students, Joben shouted at Paula and Gina, asking them who sent the said text message. Joben also threatened to sue them and said: "Siguro nainggit kayo sa anak ko kasi maganda sya, matalino at mayaman. Sabihin nyo kasi sa mga magulang nyo magsumikap sila para maging mayaman din kayo. Di yung tatamad-tamad." Joben then raised her middle finger in front of Paula and Gina, saying "Mga burikat (whore)!" Later that day, Paula and Gina narrated the incident to their parents and said that they were ashamed of going back to school. Is Joben guilty of violating Section 10(a) of Republic Act No. 7610 for other acts of child abuse? Explain briefly. (5 points)

During one of their intense operational meetings, the campaign manager of a presidential candidate openly suggested, "Dapat ipapatay na lang natin ang mga bumabangga sa kandidato na 'yun." Later, the campaign manager was charged with the crime of Proposal to commit murder. Can the campaign manager be convicted of the offense charged? Explain briefly.

While attending to an Enhanced Community Quarantine barangay checkpoint, a barangay tanod confronted a resident for non-essential travel. Infuriated by the barangay tanod's tone, the resident punched the tanod's head. The barangay tanod fell, sustained brain hemorrhage, and died as a result. Charged with Homicide, the resident denies liability, arguing that there can be no conviction if there is no intent to cause the barangay tanod's death. Is the resident's defense tenable? Explain briefly.

A person arrested for playing cara y cruz was charged with violation of Presidential Decree No. 1602 or the Anti-Gambling Law. The lawyer for the accused argues that the case should be dismissed based on an exempting circumstance, which is that the accused is poor. The lawyer argues that unlike those who gamble in big casinos with astronomical sums of money, cara y cruz is the accused's only means of entertainment. In addition, the lawyer explains that gamblers from China, where gambling is illegal, are even welcomed in the Philippines. Is the lawyer's argument legally tenable? Explain briefly.

During a Senate hearing in aid of legislation, a Senator's staff member took a resource person's mobile phone without their consent or knowledge. While the hearing was ongoing, the staff member read the resource person's messages contained in the mobile phone and hurriedly wrote notes which were passed to the Senator. Thereafter, the staff surreptitiously returned the mobile phone. The resource person would not have noticed that the mobile phone was taken had it not been for a TikTok video posted by a journalist who was present during the hearing. The TikTok video caught the entire act of the Senator's staff member. The TikTok video even had accompanying music and narration. The video became viral. Can the staff member be liable for theft of the mobile phone? Explain briefly.

While a person was passing through a construction site for a new Hall of Justice building, construction workers shouted: "Hoy bakla, halika rito at haplusin mo 'ko!" "Hoy bakla, ang pangit mo!" "Bakla, mukha ka pa ring lalaki kahit ano'ng gawin mo!" The person victimized by these remarks asks you: Was a crime committed by the workers who shouted these statements? Explain briefly.

An estranged married couple decided to separate. As part of their amicable settlement, they agreed to ask their 14-year-old child to choose a parent with whom to live. The child chose the mother. Displeased, the husband ceased providing for the child's tuition and the wife's support. The husband was a vice president of a highly profitable company. Did the husband commit any crime? Explain briefly.

To motivate their eight-year-old daughter to study well and have a better future, her parents resorted to making her kneel on rice spread on the floor, spanking her with a bamboo stick, or requiring her to stand in the rain for hours if her grades fell below 80 in any subject. Did the parents commit a crime? Explain briefly.

One Sunday afternoon, while standing at the corner of C.P. Garcia and Katipunan Avenues, an off-duty police officer accosted a motorcycle rider and asked him to alight. The off-duty police officer then inspected the motorcycle's compartment box. Pretending that a sachet of shabu was found, the off-duty police officer demanded P1,000.00 in order to prevent an arrest. Fearful of being incarcerated for life for a crime that was not really committed, the motorcycle rider readily complied. Unknown to the off-duty police officer, a surveillance camera caught the entire incident. Will a charge of robbery prosper against the off-duty police officer? Explain briefly.

The accused in a pending case forcibly snatched the daughter of a judge and kept her in an undisclosed location. The accused then called to tell the judge that the daughter would only be released if the judge would acquit the accused in the pending case. Did the accused commit a crime with these acts? Explain briefly.

A crime defined in the Revised Penal Code is punishable by arresto menor. Finding the accused guilty beyond reasonable doubt of the crime, should the judge apply the Indeterminate Sentence Law? Explain briefly.

Interviewed for a newspaper, a former beauty queen revealed that when she was 16 years old, she had her first sexual intercourse with her ex-boyfriend, who was then 28 years old. In her narration, she said that she did not know what she was doing and noted that her ex-boyfriend of a more advanced age misled her to doing what he wanted. She added that, at certain points during the encounter, she repeatedly said no but her ex-boyfriend was just too strong for her. The ex-boyfriend left her shortly thereafter. Was there a crime committed by the ex-boyfriend? Explain briefly.

While executing a search warrant, a police officer pocketed and absconded with the mobile phone of the occupant of the premises being searched. The mobile phone was not the subject of the search warrant. It was not enumerated in the order. Did the police officer commit a crime? Explain briefly.

A prisoner who had been convicted, but whose appeal was pending, died due to complications caused by COVID-19. Should the prisoner's pending appeal be dismissed as a consequence? Explain briefly.

The head of a big company's human resources division copied and shared an employee's physical and email address, birthdate, civil status, and some photos with a friend who found the employee attractive. Did the head of the human resources division commit a crime? Explain briefly.

In an act of rage while playing golf, a high-ranking public official hit a caddy with a golf club at hole number 9 of a golf course. The caddy fell and died immediately. The public official called a loyal security guard who did not witness the incident. The security guard was instructed to put the caddy's lifeless body in the golf cart and dump it in the nearby lake. The public official wanted to make it appear that the caddy died of drowning. The corpus delicti of the crime was discovered. Both the high-ranking public official and the security guard were charged as co-conspirators for the crime of Homicide. Can the security guard be convicted as a principal to the crime of Homicide? Explain briefly.

In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of Murder and was consequently sentenced with the penalty of reclusion perpetua for each count. A month after, he was likewise found guilty of five (5) counts of Grave Threats in a separate criminal proceeding, and hence, meted with the penalty of prision mayor for each count. (c) May Mr. N avail of the benefits of the Indeterminate Sentence Law with respect to his convictions for Murder and Grave Threats? Explain. (3%)

Mr. A has a long-standing feud with Mr. B. As payback for Mr. B's numerous transgressions against him, Mr. A planned to burn down Mr. B's rest house. One night, Mr. A went to the rest house and started pouring gasoline on its walls. However, just as Mr. A had lit the match for burning, he was discovered by Mr. B's caretaker, Ms. C, and was consequently prevented from setting the rest house on fire. Mr. A was then charged with Frustrated Arson. (a) Is the charge of Frustrated Arson proper? Explain. (2%)

Define/distinguish the following terms: (a) Mala in se and mala prohibita (2%)

In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of Murder and was consequently sentenced with the penalty of reclusion perpetua for each count. A month after, he was likewise found guilty of five (5) counts of Grave Threats in a separate criminal proceeding, and hence, meted with the penalty of prision mayor for each count. (d) Is Mr. N considered a habitual delinquent? Explain. (2.5%)

Mr. Q was found guilty beyond reasonable doubt of the crime of Serious Physical Injuries, and accordingly, was sentenced to suffer the penalty of imprisonment for an indeterminate period of six (6) months of arresto mayor, as minimum, to four (4) years, two (2) months, and one (1) day of prision correccional, as maximum. He was also ordered to pay the victim actual damages in the amount of P50,000.00, with subsidiary imprisonment in case of insolvency. Was the imposition of subsidiary imprisonment proper? Explain. (3%)

Mr. X and Mr. Y engaged in a violent fight which Mr. X instigated. This culminated in Mr. X repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead. A few minutes after the incident, Mr. X immediately went to the police station to confess what he did and told the police where he left Mr. Y. Fortunately, the police rescued Mr. Y and he survived with the help of timely medical intervention. Mr. X was then charged in court with Frustrated Homicide, to which he openly confessed his guilt upon arraignment. (a) Based on the above-stated facts, what is/are the mitigating circumstance/s that may be appreciated in favor of Mr. X? Explain. (2%)

In June 2017, Mr. P was criminally charged with Qualified Theft under the Revised Penal Code. After due proceedings, the Regional Trial Court found him guilty beyond reasonable doubt, and accordingly, sentenced him to suffer the penalty of imprisonment for an indeterminate period of six (6) years and one (1) day of prision mayor, as minimum, to fourteen (14) years and one (1) day of reclusion temporal, as maximum. Thereafter, Mr. P applied for probation. (a) May Mr. P be extended the benefits of the Probation Law? Explain. (3%)

Mr. L is a newspaper reporter who writes about news items concerning the judiciary. Mr. L believed that members of the judiciary can be criticized and exposed for the prohibited acts that they commit by virtue of the public nature of their offices. Upon receiving numerous complaints from private citizens, Mr. L released a scathing newspaper expose involving Judge G and his alleged acts constituting graft and corruption. Consequently, Mr. L was charged with the crime of Libel. In response, Mr. L contended that truth is a valid defense in Libel and, in this relation, claimed that he was only exposing the truth regarding Judge G's misdeeds. Further, Mr. L contended that in any event, his expose on Judge G is based on the complaints he received from private citizens, and as such, should be deemed as a mere fair commentary on a matter of public interest. (b) What is the effect on the criminal liability of an accused if he or she publishes a libelous article on an online news platform? Explain. (2%)

In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On the night of May 15, 2010, Mr. R proceeded with his plan and entered Mrs. V's bedroom by breaking one of the windows from the outside. Finding Mrs. V sound asleep, he silently foraged through her cabinet, and stashed all the bundles of cash and jewelries he could find. As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot you!", and when he turned around, he saw Mrs. V cocking a rifle which she pointed at him. Fearing for his life, Mr. R then lunged at Mrs. V and was able to wrest the gun away from her. Thereafter, Mr. R shot Mrs. V, which resulted in her death. Mr. R's deeds were discovered on the very same night as he was seen by law enforcement authorities fleeing the crime scene. (a) What crime/s did Mr. R commit under the Revised Penal Code? Explain. (2.5%)

One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the Labor Arbiter assigned to the illegal dismissal case filed by certain employees against his company. During their encounter, Mr. X promised the Labor Arbiter a luxury car in exchange for a favorable ruling. The Labor Arbiter immediately rejected the offer and walked away. (a) What crime did Mr. X commit under the Revised Penal Code (RPC), if any? Explain. (2.5%)

In June 2017, Mr. P was criminally charged with Qualified Theft under the Revised Penal Code. After due proceedings, the Regional Trial Court found him guilty beyond reasonable doubt, and accordingly, sentenced him to suffer the penalty of imprisonment for an indeterminate period of six (6) years and one (1) day of prision mayor, as minimum, to fourteen (14) years and one (1) day of reclusion temporal, as maximum. Thereafter, Mr. P applied for probation. (b) In what instance may an accused who appeals a judgment of conviction still apply for probation? Explain. (3%)

Mr. A has a long-standing feud with Mr. B. As payback for Mr. B's numerous transgressions against him, Mr. A planned to burn down Mr. B's rest house. One night, Mr. A went to the rest house and started pouring gasoline on its walls. However, just as Mr. A had lit the match for burning, he was discovered by Mr. B's caretaker, Ms. C, and was consequently prevented from setting the rest house on fire. Mr. A was then charged with Frustrated Arson. (b) Assuming that Mr. A successfully burned down Mr. B's rest house, and as a result, Ms. C was trapped therein and was subsequently killed in the fire, what crime/s did Mr. A commit? Explain. (3%)

Define/distinguish the following terms: (b) Grave, less grave, and light felonies (3%)

X and Y approached Mayor Z and requested him to solemnize their marriage. On the day of the ceremony, X and Y proceeded to Mayor Z's office but he was not there. Mayor Z's chief of staff, Mr. U, however, represented that he himself can solemnize their marriage and just have Mayor Z sign the marriage certificate when the latter comes back. Consequently, upon X and Y's assent, Mr. U solemnized the marriage, despite his lack of authority therefor. (b) Assuming that Mayor Z signed the marriage certificate which stated that he solemnized the marriage of X and Y, what crime may Mayor Z be charged with under the RPC? Explain. (2.5%)

Ms. L, dean of a duly recognized private school, caught K, one of her students, vandalizing one of the school's properties. Ms. L called K's attention and proceeded to scold him, causing a crowd to gather around them. Embarrassed with the situation, K attacked Ms. L by repeatedly punching her on the face. Just as K was about to strike Ms. L again, J, another student, intervened. K then turned his anger on J and also hit him repeatedly, causing him physical injuries. What crime/s did K commit under the Revised Penal Code for his acts against Ms. L and J? Explain. (3%)

A typhoon destroyed the houses of many of the inhabitants of Municipality M. Accordingly, the local government passed an appropriation in the amount of P1,000,000.00 to implement a Calamity Assistance Program for the typhoon victims, and the funds therefor were eventually earmarked for the purpose. Upon the orders, however, of Mayor T of Municipality M, these funds were disbursed for the reconstruction of the municipal hall which was substantially damaged by the typhoon. According to Mayor T, the reconstruction of the municipal hall was a more pressing concern than the relief program because the vital functions of the local government would be impeded if the said structure would not be immediately fixed. What crime did Mayor T commit under the Revised Penal Code? Explain. (2%)

Ms. E was charged with the complex crime of Estafa through Falsification of Public Documents before the trial court. Prior to her arraignment, Ms. E moved for the dismissal of the criminal case against her, pointing out that the private offended party is her biological father, and that such relationship is an absolutory cause under Article 332 of the Revised Penal Code (RPC). (b) Is Ms. E's contention correct? Explain. (3%)

Mr. L is a newspaper reporter who writes about news items concerning the judiciary. Mr. L believed that members of the judiciary can be criticized and exposed for the prohibited acts that they commit by virtue of the public nature of their offices. Upon receiving numerous complaints from private citizens, Mr. L released a scathing newspaper expose involving Judge G and his alleged acts constituting graft and corruption. Consequently, Mr. L was charged with the crime of Libel. In response, Mr. L contended that truth is a valid defense in Libel and, in this relation, claimed that he was only exposing the truth regarding Judge G's misdeeds. Further, Mr. L contended that in any event, his expose on Judge G is based on the complaints he received from private citizens, and as such, should be deemed as a mere fair commentary on a matter of public interest. (a) Are the contentions of Mr. L tenable? Explain. (3%)

Ms. E was charged with the complex crime of Estafa through Falsification of Public Documents before the trial court. Prior to her arraignment, Ms. E moved for the dismissal of the criminal case against her, pointing out that the private offended party is her biological father, and that such relationship is an absolutory cause under Article 332 of the Revised Penal Code (RPC). (a) Explain the concept of complex crimes under the RPC. (2%)

Distinguish Rebellion under the Revised Penal Code and Terrorism under the Human Security Act of 2007. (2.5%)

Mr. O, a 75-year-old retiree who has been a widower for the last ten (10) years, believed that, at past 70, he is licensed to engage in voyeurism to satisfy his lustful desires. If not peeping into his neighbors' room through his powerful single-cylinder telescope, he would trail young, shapely girls along the hallways and corridors of shopping malls. While going up the escalator, he stayed a step behind a mini-skirted, 20-year-old girl, and in the heat of the moment, put his hand on her left buttock and massaged it. The girl screamed and hollered for help. Mr. O was thus apprehended and charged with Acts of Lasciviousness under Article 336 of the Revised Penal Code. Mr. O's counsel, however, claimed that Mr. O should only be charged with the crime of Unjust Vexation. Is the contention of Mr. O's counsel tenable? Explain. (2.5%)

One Sunday afternoon, Mr. X, President of ABC Corp., happened to bump into the Labor Arbiter assigned to the illegal dismissal case filed by certain employees against his company. During their encounter, Mr. X promised the Labor Arbiter a luxury car in exchange for a favorable ruling. The Labor Arbiter immediately rejected the offer and walked away. (b) Assuming that Mr. X's offer was instead accepted, should the Labor Arbiter be held liable for any crime under the RPC? If so, for what crime? May the Labor Arbiter also be held liable for violation of the Anti-Graft and Corrupt Practices Act? Explain. (5%)

In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On the night of May 15, 2010, Mr. R proceeded with his plan and entered Mrs. V's bedroom by breaking one of the windows from the outside. Finding Mrs. V sound asleep, he silently foraged through her cabinet, and stashed all the bundles of cash and jewelries he could find. As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot you!", and when he turned around, he saw Mrs. V cocking a rifle which she pointed at him. Fearing for his life, Mr. R then lunged at Mrs. V and was able to wrest the gun away from her. Thereafter, Mr. R shot Mrs. V, which resulted in her death. Mr. R's deeds were discovered on the very same night as he was seen by law enforcement authorities fleeing the crime scene. (b) Based on your answer in question (a), within what period should the prosecution file the criminal charge against Mr. R in order to avoid prescription? Explain. (2%)

X and Y approached Mayor Z and requested him to solemnize their marriage. On the day of the ceremony, X and Y proceeded to Mayor Z's office but he was not there. Mayor Z's chief of staff, Mr. U, however, represented that he himself can solemnize their marriage and just have Mayor Z sign the marriage certificate when the latter comes back. Consequently, upon X and Y's assent, Mr. U solemnized the marriage, despite his lack of authority therefor. (a) What crime may Mr. U be charged with under the Revised Penal Code (RPC)? Explain. (2.5%)

Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an Indonesian-registered commercial vessel. While on board the vessel, which was still docked at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen. Ms. A was seated at the front portion of the cabin and was busy using her laptop, with no idea whatsoever that Ms. M was likewise onboard the ship. Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A's immediate death. Operatives from the Philippine National Police—Maritime Command arrested Ms. M for the killing of Ms. A and thereafter intended to charge her under the Revised Penal Code (RPC). Ms. M contended that the provisions of the RPC cannot be applied and enforced against her because both she and the victim are not Filipino nationals, and besides, the alleged crime was committed in an Indonesian-registered vessel. (a) Is Ms. M's contention against the application of the RPC against her tenable? Explain. (3%)

In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of Murder and was consequently sentenced with the penalty of reclusion perpetua for each count. A month after, he was likewise found guilty of five (5) counts of Grave Threats in a separate criminal proceeding, and hence, meted with the penalty of prision mayor for each count. (b) How long will Mr. N serve all his penalties of imprisonment? Explain. (2.5%)

Ms. M, a Malaysian visiting the Philippines, was about to depart for Hong Kong via an Indonesian-registered commercial vessel. While on board the vessel, which was still docked at the port of Manila, she saw her mortal enemy, Ms. A, an Australian citizen. Ms. A was seated at the front portion of the cabin and was busy using her laptop, with no idea whatsoever that Ms. M was likewise onboard the ship. Consumed by her anger towards Ms. A, Ms. M stealthily approached the Australian from behind, and then quickly stabbed her neck with a pocketknife, resulting in Ms. A's immediate death. Operatives from the Philippine National Police—Maritime Command arrested Ms. M for the killing of Ms. A and thereafter intended to charge her under the Revised Penal Code (RPC). Ms. M contended that the provisions of the RPC cannot be applied and enforced against her because both she and the victim are not Filipino nationals, and besides, the alleged crime was committed in an Indonesian-registered vessel. (b) Assuming that the provisions of the RPC can be applied against Ms. M, what crime under the RPC should she be charged with? Explain. (2%)

Mr. X has always been infatuated with Ms. Y. Scorned by Ms. Y's disregard for his feelings towards her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal knowledge of her with the help of his buddies, A, B, and C. On the day they decided to carry out the plan, and while surreptitiously waiting for Ms. Y, C had a change of heart and left. This notwithstanding, Mr. X, A, and B continued with the plan and abducted Ms. Y by forcefully taking her to a deserted house away from the city. There, Mr. X restrained Ms. Y's arms, while A held her legs apart. B stood as a lookout. Mr. X was then able to have carnal knowledge of Ms. Y, who was resisting throughout the entire ordeal. Consequently, Mr. X was charged with the crime of Forcible Abduction under the Revised Penal Code. (b) Assuming that A, B, and C are also charged, may they be held criminally liable together with Mr. X? Explain. (2%)

After a successful entrapment operation by the Philippine Drug Enforcement Agency, Mr. D, a known drug pusher, was arrested on January 15, 2019 for having been caught in flagrante delicto selling a pack of shabu, a prohibited drug, to the poseur-buyer. Consequently, Mr. D was frisked by the arresting officer, and aluminum foils, plastic lighters, and another plastic sachet of shabu were obtained from him. The items were marked immediately upon confiscation, and they were likewise inventoried and photographed at the place of arrest. Throughout the process, a media representative was able to witness the conduct of the marking, inventory, and photography of the seized items in the presence of Mr. D. Mr. D was then charged with the crimes of Illegal Sale and Illegal Possession of Dangerous Drugs. In defense, he lamented that the chain of custody procedure under Section 21, Article II of the Comprehensive Dangerous Drugs Act of 2002, as amended, was not followed because only a media representative was present. In response, the prosecution maintained that the said media representative was a very credible reporter and as such, the presence of any other witness was unnecessary. (a) Was the chain of custody procedure validly complied with in this case? If not, was the deviation from such procedure justified? Explain. (3%)

Mr. S, a businessman and information technology practitioner, claimed to have devised an innovative business model. He would diligently compile a list of known personalities and entities in the fields of entertainment, arts, culture, and sports, and acquire numerous domain names in the internet using the names of these known personalities and entities for the purpose of selling these registered domain names to said personalities and entities in the future. Does Mr. S's "innovative business model" expose him to any criminal liability under the Cybercrime Prevention Act of 2012? If so, for what crime? Explain. (2.5%)

Define/distinguish the following terms: (c) Aberratio ictus, error in personae, and praeter intentionem (3%)

Mr. X has always been infatuated with Ms. Y. Scorned by Ms. Y's disregard for his feelings towards her, Mr. X came up with a plan to abduct Ms. Y in order to have carnal knowledge of her with the help of his buddies, A, B, and C. On the day they decided to carry out the plan, and while surreptitiously waiting for Ms. Y, C had a change of heart and left. This notwithstanding, Mr. X, A, and B continued with the plan and abducted Ms. Y by forcefully taking her to a deserted house away from the city. There, Mr. X restrained Ms. Y's arms, while A held her legs apart. B stood as a lookout. Mr. X was then able to have carnal knowledge of Ms. Y, who was resisting throughout the entire ordeal. Consequently, Mr. X was charged with the crime of Forcible Abduction under the Revised Penal Code. (a) Is the charge against Mr. X proper? Explain. (3%)

In dire need of money, Mr. R decided to steal from his next-door neighbor, Mrs. V. On the night of May 15, 2010, Mr. R proceeded with his plan and entered Mrs. V's bedroom by breaking one of the windows from the outside. Finding Mrs. V sound asleep, he silently foraged through her cabinet, and stashed all the bundles of cash and jewelries he could find. As Mr. R was about to leave, he heard Mrs. V shout, "Stop or I will shoot you!", and when he turned around, he saw Mrs. V cocking a rifle which she pointed at him. Fearing for his life, Mr. R then lunged at Mrs. V and was able to wrest the gun away from her. Thereafter, Mr. R shot Mrs. V, which resulted in her death. Mr. R's deeds were discovered on the very same night as he was seen by law enforcement authorities fleeing the crime scene. (c) May Mr. R validly invoke the justifying circumstance of self-defense? Explain. (2.5%)

Mr. X and Mr. Y engaged in a violent fight which Mr. X instigated. This culminated in Mr. X repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead. A few minutes after the incident, Mr. X immediately went to the police station to confess what he did and told the police where he left Mr. Y. Fortunately, the police rescued Mr. Y and he survived with the help of timely medical intervention. Mr. X was then charged in court with Frustrated Homicide, to which he openly confessed his guilt upon arraignment. (b) Under the Revised Penal Code, Homicide is punished with the penalty of reclusion temporal. Without applying the Indeterminate Sentence Law, what penalty should be imposed against Mr. X assuming that he is found guilty of the charge of Frustrated Homicide, and that the presence of two (2) ordinary mitigating circumstances have been duly alleged and proven? Explain. (3%)

In November 2018, Mr. N, a notorious criminal, was found guilty of three (3) counts of Murder and was consequently sentenced with the penalty of reclusion perpetua for each count. A month after, he was likewise found guilty of five (5) counts of Grave Threats in a separate criminal proceeding, and hence, meted with the penalty of prision mayor for each count. (a) What are the respective durations of the penalties of reclusion perpetua and prision mayor? (3%)

After a successful entrapment operation by the Philippine Drug Enforcement Agency, Mr. D, a known drug pusher, was arrested on January 15, 2019 for having been caught in flagrante delicto selling a pack of shabu, a prohibited drug, to the poseur-buyer. Consequently, Mr. D was frisked by the arresting officer, and aluminum foils, plastic lighters, and another plastic sachet of shabu were obtained from him. The items were marked immediately upon confiscation, and they were likewise inventoried and photographed at the place of arrest. Throughout the process, a media representative was able to witness the conduct of the marking, inventory, and photography of the seized items in the presence of Mr. D. Mr. D was then charged with the crimes of Illegal Sale and Illegal Possession of Dangerous Drugs. In defense, he lamented that the chain of custody procedure under Section 21, Article II of the Comprehensive Dangerous Drugs Act of 2002, as amended, was not followed because only a media representative was present. In response, the prosecution maintained that the said media representative was a very credible reporter and as such, the presence of any other witness was unnecessary. (b) What is the consequence of an unjustified deviation from the chain of custody rule to the criminal case against Mr. D? Explain. (2%)

In August 2018, B entered into a contract with S for the purchase of the latter's second-hand car in the amount of P400,000.00 payable in two (2) equal monthly installments. Simultaneously with the signing of the contract and S's turnover of the car keys, B executed, issued, and delivered two (2) post-dated checks, all payable to S, with the assurances that they will be honored on their respective maturity dates. However, all two (2) checks were dishonored for being drawn against insufficient funds. Consequently, notices therefor were duly issued to and received by B, but this notwithstanding, no payment arrangements were made by him. Further, upon S's investigation, it was uncovered that B's checking account had only P50,000.00 when it was opened in June 2018 and no further deposits were made after that. S also found out that B knew fully well of such circumstance at the time he issued the two (2) checks. What crime/s should B be charged with and for how many counts? Explain. (5%)

Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo's house. Rafael knew about Roberto's plan to kill Ricardo, but agreed to lend him a gun nevertheless. Rafael also drove Roberto to the street corner nearest the house of Ricardo. Rafael waited for him there, until the task had been accomplished, so that he could drive Roberto to the next town to evade arrest. Roberto also asked another friend, Ruel, to stand guard outside Ricardo's house, for the purpose of warning him in case there was any danger or possible witnesses, and to keep other persons away from the vicinity. All three—Roberto, Rafael and Ruel—agreed to the plan and their respective roles. On the agreed date, Rafael drove Roberto and Ruel to the nearest corner near Ricardo's house. Roberto and Ruel walked about 50 meters where Ruel took his post as guard, and Roberto walked about five (5) meters more, aimed the gun at Ricardo's bedroom, and peppered it with bullets. When he thought that he had accomplished his plan, Roberto ran away, followed by Ruel, and together they rode in Rafael's car where they drove to the next town to spend the night there. It turned out that Ricardo was out of town when the incident happened, and no one was in his room at the time it was peppered with bullets. Thus, no one was killed or injured during the incident. (b) If a crime was committed, what is the degree of participation of Roberto, Rafael, and Ruel? (2.5%)

Robin and Rowell are best friends and have been classmates since grade school. When the boys graduated from high school, their parents gifted them with a trip to Amsterdam, all expenses paid. At age 16, this was their first European trip. Thrilled with a sense of freedom, they decided to try what Amsterdam was known for. One night, they scampered out of their hotel room, went to the De Wallen, better known as the Red-light District of Amsterdam. There, they went to a "coffee shop" which sells only drinks and various items made from opium poppy, cannabis, and marijuana, all of which are legal in Amsterdam. They represented themselves to be of age, and were served, and took shots of, cannabis and marijuana products. They indulged in these products the whole night, even if it was their first time to try them. Before returning to Manila, they bought a dozen lollipops laced with cannabis, as souvenir and "pasalubong" for their friends. They were accosted at the Manila International Airport and were charged with importation of dangerous drugs under the Comprehensive Dangerous Drugs Act of 2002. They were also charged with use of dangerous drugs after pictures of them in the "coffee shop" in Amsterdam were posted on Facebook, showing them smoking and taking shots of a whole menu of cannabis and marijuana products. Their own captions on their Facebook posts clearly admitted that they were using the dangerous products. The pictures were posted by them through Private Messenger (PM) only for their close friends, but Roccino, the older brother of one of their best friends, was able to get hold of his younger brother's password, and without authority from his brother, accessed his PM and shared Robin and Rowell's Amsterdam photos on Facebook. (a) Can Robin and Rowell be prosecuted for use of dangerous drugs for their one-night use of these products in Amsterdam? (2.5%)

For the past five years, Ruben and Rorie had been living together as husband and wife without the benefit of marriage. Initially, they had a happy relationship which was blessed with a daughter, Rona, who was born on March 1, 2014. However, the partners' relationship became sour when Ruben began indulging in vices, such as women and alcohol, causing frequent arguments between them. Their relationship got worse when, even for slight mistakes, Ruben would lay his hands on Rorie. One day, a tipsy Ruben barged into their house and, for no reason, repeatedly punched Rorie in the stomach. To avoid further harm, Rorie ran out of the house. But Ruben pursued her and stripped her naked in full view of their neighbors; and then he vanished. Ten days later, Ruben came back to Rorie and pleaded for forgiveness. However, Rorie expressed her wish to live separately from Ruben and asked him to continue providing financial support for their daughter Rona. At that time, Ruben was earning enough to support a family. He threatened to withdraw the support he was giving to Rona unless Rorie would agree to live with him again. But Rorie was steadfast in refusing to live with Ruben again, and insisted on her demand for support for Rona. As the ex-lovers could not reach an agreement, no further support was given by Ruben. What crimes did Ruben commit: (b) For withdrawing support for Rona? (2.5%)

Rico, a hit man, positioned himself at the rooftop of a nearby building of a bank, to serve as a lookout for Red and Rod while the two were robbing the bank, as the three of them had previously planned. Ramiro, a policeman, responded to the reported robbery. Rico saw Ramiro and, to eliminate the danger of Red and Rod being caught, pulled the trigger of his rifle, intending to kill Ramiro. He missed as Ramiro slipped and fell down to the ground. Instead, a woman depositor who was coming out of the bank was fatally shot. After their apprehension, Rico, Red, and Rod were charged with the special complex crime of robbery with homicide. Rico's defense was that he never intended to shoot and kill the woman, only Ramiro. Red and Rod's defense was that they were not responsible for the death of the woman as they had no participation therein. (b) Is Red and Rod's defense meritorious? (2.5%)

On February 5, 2017, Rho Rio Fraternity held initiation rites. Present were: (i) Redmont, the Lord Chancellor and head of the fraternity; (ii) ten (10) members, one (1) of whom was Ric; and (iii) five (5) neophytes, one (1) of whom was Ronald. Absent were: (i) Rollie, the fraternity's Vice Chancellor and who actually planned the initiation; and (ii) Ronnie, the owner of the house where the initiation was conducted. Due to the severe beating suffered by Ronald on that occasion, he lost consciousness and was brought to the nearest hospital by Redmont and Ric. However, Ronald was declared dead on arrival at the hospital. During the investigation of the case, it was found out that, although Ronald really wanted to join the fraternity because his father is also a member of the same fraternity, it was his best friend Ric who ultimately convinced him to join the fraternity and, as a prerequisite thereto, undergo initiation. It was also shown that Redmont and Ric did not actually participate in the beating of the neophytes (hazing). The two (2) either merely watched the hazing or helped in preparing food. And, lastly, two (2) days prior thereto, Ronnie texted Rollie that the fraternity may use his house as the venue for the planned initiation. Aside from those who actually participated in the hazing, Redmont, Rollie, Ric, and Ronnie were criminally charged for the hazing of Ronald that resulted in the latter's death. (a) Are the four criminally liable? (2.5%)

Mrs. Robinson is a teacher at an elementary school. In one of her classes, she found, to her consternation, that an 8-year-old Richard was always the cause of distraction, as he was fond of bullying classmates smaller in size than him. One morning, Reymart, a 7-year-old pupil, cried loudly and complained to Mrs. Robinson that Richard had boxed him on the ear. Confronted by Mrs. Robinson about Reymart's accusation, Richard sheepishly admitted the same. Because of this, Mrs. Robinson ordered Richard to lie face down on a desk during class. After Richard obliged, Mrs. Robinson hit him ten (10) times on the legs with a ruler and pinched his ears. Richard ran home and reported to his mother what he had suffered at the hands of Mrs. Robinson. When Richard's parents went to Mrs. Robinson to complain, she interposed the defense that she merely performed her duty as a teacher to discipline erring pupils. Richard's parents ask your advice on what actions can be instituted against Mrs. Robinson for acts committed on their minor child. (b) May Mrs. Robinson be charged with child abuse AND slight physical injuries? (2.5%)

Ricky was driving his car when he was flagged down by a traffic enforcer for overspeeding. Realizing his undoing, but in a hurry for a meeting, Ricky shoved a PhP500 bill in the traffic enforcer's pocket and whispered to the latter to refrain from issuing him a traffic violation receipt. The traffic enforcer still issued him a ticket, and returned his money. What crime, if any, was committed by Ricky? (5%)

For the past five years, Ruben and Rorie had been living together as husband and wife without the benefit of marriage. Initially, they had a happy relationship which was blessed with a daughter, Rona, who was born on March 1, 2014. However, the partners' relationship became sour when Ruben began indulging in vices, such as women and alcohol, causing frequent arguments between them. Their relationship got worse when, even for slight mistakes, Ruben would lay his hands on Rorie. One day, a tipsy Ruben barged into their house and, for no reason, repeatedly punched Rorie in the stomach. To avoid further harm, Rorie ran out of the house. But Ruben pursued her and stripped her naked in full view of their neighbors; and then he vanished. Ten days later, Ruben came back to Rorie and pleaded for forgiveness. However, Rorie expressed her wish to live separately from Ruben and asked him to continue providing financial support for their daughter Rona. At that time, Ruben was earning enough to support a family. He threatened to withdraw the support he was giving to Rona unless Rorie would agree to live with him again. But Rorie was steadfast in refusing to live with Ruben again, and insisted on her demand for support for Rona. As the ex-lovers could not reach an agreement, no further support was given by Ruben. What crimes did Ruben commit: (a) For beating and humiliating Rorie? (2.5%)

Mrs. Robinson is a teacher at an elementary school. In one of her classes, she found, to her consternation, that an 8-year-old Richard was always the cause of distraction, as he was fond of bullying classmates smaller in size than him. One morning, Reymart, a 7-year-old pupil, cried loudly and complained to Mrs. Robinson that Richard had boxed him on the ear. Confronted by Mrs. Robinson about Reymart's accusation, Richard sheepishly admitted the same. Because of this, Mrs. Robinson ordered Richard to lie face down on a desk during class. After Richard obliged, Mrs. Robinson hit him ten (10) times on the legs with a ruler and pinched his ears. Richard ran home and reported to his mother what he had suffered at the hands of Mrs. Robinson. When Richard's parents went to Mrs. Robinson to complain, she interposed the defense that she merely performed her duty as a teacher to discipline erring pupils. Richard's parents ask your advice on what actions can be instituted against Mrs. Robinson for acts committed on their minor child. (a) May Mrs. Robinson be charged with child abuse OR slight physical injuries? (2.5%)

Robina bought from Ramsey a seaside property located in Romblon. At that time, she was in the process of returning to the Philippines as a returning resident, after retiring from her work in Russia, and was planning to set up a diving school in the area. In a non-notarized "Kasunduan ng Pagbibili," Ramsey represented the property as alienable and disposable, and that he had a valid title to the property. When the sale was completed, and as she was applying for permits and licenses for her school, she found out that the property was a public non-alienable and non-disposable land which Ramsey had bought from someone who only had a foreshore lease over the same. As she was bent on setting up the diving school in the area, having made all the preparations and having already bought all the equipment, she filed a Miscellaneous Lease Application (MLA) with the Department of Environment and Natural Resources (DENR) at the Community Environment and Natural Resources Office in Romblon. In her application, she stated that she was a Filipino citizen, although she was still a naturalized Russian citizen at that time. It was only six months after she filed the MLA that she filed her petition for dual citizenship under R.A. No. 9225. When DENR discovered that, at the time of filing the MLA, she was still a Russian citizen, her application was denied and she was charged with falsification of a public document for misrepresenting herself as a Filipino citizen. Infuriated, Robina also filed charges against Ramsey for falsification of a private document for stating in their "Kasunduan" that the property was alienable and disposable. In the case for falsification of a public document, Robina's defense was that, at the time she filed the MLA, she had every intention to reacquire Philippine citizenship, as in fact she filed for dual citizenship six months thereafter, and that she had no intent to gain or to injure the Philippine government since she expected that her application for dual citizenship would be approved before the MLA could be approved. On the other hand, she claimed in the action against Ramsey that intent to gain was present since he received the purchase price as a result of his misrepresentation. Ramsey's defense was that he had a valid Transfer Certificate of Title in his name, and he had a right to rely on his title. (a) Will the case for falsification of public document filed against Robina prosper? (2.5%)

Robin and Rowell are best friends and have been classmates since grade school. When the boys graduated from high school, their parents gifted them with a trip to Amsterdam, all expenses paid. At age 16, this was their first European trip. Thrilled with a sense of freedom, they decided to try what Amsterdam was known for. One night, they scampered out of their hotel room, went to the De Wallen, better known as the Red-light District of Amsterdam. There, they went to a "coffee shop" which sells only drinks and various items made from opium poppy, cannabis, and marijuana, all of which are legal in Amsterdam. They represented themselves to be of age, and were served, and took shots of, cannabis and marijuana products. They indulged in these products the whole night, even if it was their first time to try them. Before returning to Manila, they bought a dozen lollipops laced with cannabis, as souvenir and "pasalubong" for their friends. They were accosted at the Manila International Airport and were charged with importation of dangerous drugs under the Comprehensive Dangerous Drugs Act of 2002. They were also charged with use of dangerous drugs after pictures of them in the "coffee shop" in Amsterdam were posted on Facebook, showing them smoking and taking shots of a whole menu of cannabis and marijuana products. Their own captions on their Facebook posts clearly admitted that they were using the dangerous products. The pictures were posted by them through Private Messenger (PM) only for their close friends, but Roccino, the older brother of one of their best friends, was able to get hold of his younger brother's password, and without authority from his brother, accessed his PM and shared Robin and Rowell's Amsterdam photos on Facebook. (b) Can they be prosecuted for importation of dangerous drugs? (2.5%)

Robbie and Rannie are both inmates of the National Penitentiary, serving the maximum penalty for robbery which they committed some years before and for which they have been sentenced by final judgment. One day, Robbie tried to collect money owed by Rannie. Rannie insisted that he did not owe Robbie anything, and after a shouting episode, Rannie kicked Robbie in the stomach. Robbie fell to the ground in pain, and Rannie left him to go to the toilet to relieve himself. As Rannie was opening the door to the toilet and with his back turned against Robbie, Robbie stabbed him in the back with a bladed weapon that he had concealed in his waist. Hurt, Rannie ran to the nearest "kubol" where he fell. Robbie ran after him and, while Rannie was lying on the ground, Robbie continued to stab him, inflicting a total of 15 stab wounds. He died on the spot. Robbie immediately surrendered to the Chief Warden. When prosecuted for the murder of Rannie, Robbie raised provocation and voluntary surrender as mitigating circumstances. The prosecution, on the other hand, claimed that there was treachery in the commission of the crime. (b) Can the mitigating circumstances raised by Robbie, if proven, lower the penalty for the crime committed? (2.5%)

On the way home from work, Rica lost her necklace to a snatcher. A week later, she saw what looked like her necklace on display in a jewelry store in Raon. Believing that the necklace on display was the same necklace snatched from her the week before, she surreptitiously took the necklace without the knowledge and consent of the store owner. Later, the loss of the necklace was discovered, and Rica was shown on the CCTV camera of the store as the culprit. Accordingly, Rica was charged with theft of the necklace. Rica raised the defense that she could not be guilty as charged because she was the owner of the necklace and that the element of intent to gain was lacking. What should be the verdict if: (a) The necklace is proven to be owned by Rica? (2.5%)

Randy was prosecuted for forcible abduction attended by the aggravating circumstance of recidivism. After trial, the court held that the prosecution was able to prove the charge. Nonetheless, it appreciated in favor of Randy, on the basis of the defense's evidence, the mitigating circumstances of voluntary surrender, uncontrollable fear, and provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty for forcible abduction is reclusion temporal. Applying the Indeterminate Sentence Law, what penalty should be imposed on Randy? (5%)

Rico, a hit man, positioned himself at the rooftop of a nearby building of a bank, to serve as a lookout for Red and Rod while the two were robbing the bank, as the three of them had previously planned. Ramiro, a policeman, responded to the reported robbery. Rico saw Ramiro and, to eliminate the danger of Red and Rod being caught, pulled the trigger of his rifle, intending to kill Ramiro. He missed as Ramiro slipped and fell down to the ground. Instead, a woman depositor who was coming out of the bank was fatally shot. After their apprehension, Rico, Red, and Rod were charged with the special complex crime of robbery with homicide. Rico's defense was that he never intended to shoot and kill the woman, only Ramiro. Red and Rod's defense was that they were not responsible for the death of the woman as they had no participation therein. (a) Is Rico's defense meritorious? (2.5%)

On February 5, 2017, Rho Rio Fraternity held initiation rites. Present were: (i) Redmont, the Lord Chancellor and head of the fraternity; (ii) ten (10) members, one (1) of whom was Ric; and (iii) five (5) neophytes, one (1) of whom was Ronald. Absent were: (i) Rollie, the fraternity's Vice Chancellor and who actually planned the initiation; and (ii) Ronnie, the owner of the house where the initiation was conducted. Due to the severe beating suffered by Ronald on that occasion, he lost consciousness and was brought to the nearest hospital by Redmont and Ric. However, Ronald was declared dead on arrival at the hospital. During the investigation of the case, it was found out that, although Ronald really wanted to join the fraternity because his father is also a member of the same fraternity, it was his best friend Ric who ultimately convinced him to join the fraternity and, as a prerequisite thereto, undergo initiation. It was also shown that Redmont and Ric did not actually participate in the beating of the neophytes (hazing). The two (2) either merely watched the hazing or helped in preparing food. And, lastly, two (2) days prior thereto, Ronnie texted Rollie that the fraternity may use his house as the venue for the planned initiation. Aside from those who actually participated in the hazing, Redmont, Rollie, Ric, and Ronnie were criminally charged for the hazing of Ronald that resulted in the latter's death. (b) Can all those criminally charged be exonerated upon proof that Ronald, knowing the risks, voluntarily submitted himself to the initiation? Will the absence of proof that the accused intended to kill the victim affect their liability? (2.5%)

Robbie and Rannie are both inmates of the National Penitentiary, serving the maximum penalty for robbery which they committed some years before and for which they have been sentenced by final judgment. One day, Robbie tried to collect money owed by Rannie. Rannie insisted that he did not owe Robbie anything, and after a shouting episode, Rannie kicked Robbie in the stomach. Robbie fell to the ground in pain, and Rannie left him to go to the toilet to relieve himself. As Rannie was opening the door to the toilet and with his back turned against Robbie, Robbie stabbed him in the back with a bladed weapon that he had concealed in his waist. Hurt, Rannie ran to the nearest "kubol" where he fell. Robbie ran after him and, while Rannie was lying on the ground, Robbie continued to stab him, inflicting a total of 15 stab wounds. He died on the spot. Robbie immediately surrendered to the Chief Warden. When prosecuted for the murder of Rannie, Robbie raised provocation and voluntary surrender as mitigating circumstances. The prosecution, on the other hand, claimed that there was treachery in the commission of the crime. (a) Is Robbie a recidivist, or a quasi-recidivist? (2.5%)

Orphaned when still an infant, Rocky lived under the care of his grandmother Rosario. Now 18, Rocky entered Rosario's bedroom who was then outside doing her daily marketing. He ransacked the bedroom and took Rosario's money and valuables amounting to P100,000. When Rosario came home, she found her room in disarray, and her money and valuables gone. She confronted Rocky, who confessed to taking the money and valuables in order to pay his debts. (b) Does he incur criminal and/or civil liability? (2.5%)

The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a group of armed men in seizing a southern island in the Philippines, and declaring war against the duly constituted government of the country. The Armed Forces of the Philippines (AFP), led by its Chief of Staff, General Riturban, responded and a full scale war ensued between the AFP and the armed men led by the brothers. The armed conflict raged for months. When the brothers-led armed men were running out of supplies, Ricalde, also a Filipino, and a good friend and supporter of the Ratute brothers, was tasked to leave for abroad in order to solicit arms and funding for the cash-strapped brothers. He was able to travel to Rwanda, and there he met with Riboli, a citizen and resident of Rwanda, who agreed to help the brothers by raising funds internationally, and to send them to the Ratute brothers in order to aid them in their armed struggle against the Philippine government. Before Ricalde and Riboli could complete their fund-raising activities for the brothers, the AFP was able to reclaim the island and defeat the Ratute-led uprising. Ricalde and Riboli were charged with conspiracy to commit treason. During the hearing of the two cases, the government only presented as witness General Riturban, who testified on the activities of the Ratute brothers, Ricalde, and Riboli. (a) Can Ricalde and Riboli be convicted of the crime of conspiracy to commit treason? (2.5%)

The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a group of armed men in seizing a southern island in the Philippines, and declaring war against the duly constituted government of the country. The Armed Forces of the Philippines (AFP), led by its Chief of Staff, General Riturban, responded and a full scale war ensued between the AFP and the armed men led by the brothers. The armed conflict raged for months. When the brothers-led armed men were running out of supplies, Ricalde, also a Filipino, and a good friend and supporter of the Ratute brothers, was tasked to leave for abroad in order to solicit arms and funding for the cash-strapped brothers. He was able to travel to Rwanda, and there he met with Riboli, a citizen and resident of Rwanda, who agreed to help the brothers by raising funds internationally, and to send them to the Ratute brothers in order to aid them in their armed struggle against the Philippine government. Before Ricalde and Riboli could complete their fund-raising activities for the brothers, the AFP was able to reclaim the island and defeat the Ratute-led uprising. Ricalde and Riboli were charged with conspiracy to commit treason. During the hearing of the two cases, the government only presented as witness General Riturban, who testified on the activities of the Ratute brothers, Ricalde, and Riboli. (b) Will the testimony of General Riturban, assuming he can testify on acts within his personal knowledge, be sufficient to convict the Ratute brothers, Ricalde, and Riboli? (2.5%)

Robin and Rowell are best friends and have been classmates since grade school. When the boys graduated from high school, their parents gifted them with a trip to Amsterdam, all expenses paid. At age 16, this was their first European trip. Thrilled with a sense of freedom, they decided to try what Amsterdam was known for. One night, they scampered out of their hotel room, went to the De Wallen, better known as the Red-light District of Amsterdam. There, they went to a "coffee shop" which sells only drinks and various items made from opium poppy, cannabis, and marijuana, all of which are legal in Amsterdam. They represented themselves to be of age, and were served, and took shots of, cannabis and marijuana products. They indulged in these products the whole night, even if it was their first time to try them. Before returning to Manila, they bought a dozen lollipops laced with cannabis, as souvenir and "pasalubong" for their friends. They were accosted at the Manila International Airport and were charged with importation of dangerous drugs under the Comprehensive Dangerous Drugs Act of 2002. They were also charged with use of dangerous drugs after pictures of them in the "coffee shop" in Amsterdam were posted on Facebook, showing them smoking and taking shots of a whole menu of cannabis and marijuana products. Their own captions on their Facebook posts clearly admitted that they were using the dangerous products. The pictures were posted by them through Private Messenger (PM) only for their close friends, but Roccino, the older brother of one of their best friends, was able to get hold of his younger brother's password, and without authority from his brother, accessed his PM and shared Robin and Rowell's Amsterdam photos on Facebook. (c) If found liable under either (a) or (b) above, what is the penalty that may be imposed on them? (2.5%)

Robin and Rowell are best friends and have been classmates since grade school. When the boys graduated from high school, their parents gifted them with a trip to Amsterdam, all expenses paid. At age 16, this was their first European trip. Thrilled with a sense of freedom, they decided to try what Amsterdam was known for. One night, they scampered out of their hotel room, went to the De Wallen, better known as the Red-light District of Amsterdam. There, they went to a "coffee shop" which sells only drinks and various items made from opium poppy, cannabis, and marijuana, all of which are legal in Amsterdam. They represented themselves to be of age, and were served, and took shots of, cannabis and marijuana products. They indulged in these products the whole night, even if it was their first time to try them. Before returning to Manila, they bought a dozen lollipops laced with cannabis, as souvenir and "pasalubong" for their friends. They were accosted at the Manila International Airport and were charged with importation of dangerous drugs under the Comprehensive Dangerous Drugs Act of 2002. They were also charged with use of dangerous drugs after pictures of them in the "coffee shop" in Amsterdam were posted on Facebook, showing them smoking and taking shots of a whole menu of cannabis and marijuana products. Their own captions on their Facebook posts clearly admitted that they were using the dangerous products. The pictures were posted by them through Private Messenger (PM) only for their close friends, but Roccino, the older brother of one of their best friends, was able to get hold of his younger brother's password, and without authority from his brother, accessed his PM and shared Robin and Rowell's Amsterdam photos on Facebook. (d) Can Roccino be prosecuted for the act of accessing and sharing on Facebook the private pictures sent by PM to his brother? If yes, for what crime? (2.5%)

During the presentation of the prosecution's evidence, Reichter was called to the witness stand with the stated purpose that he would testify that his wife Rima had shot him in the stomach with a .38 caliber pistol, resulting in near fatal injuries. Upon objection of the defense on the ground of the marital disqualification rule, the presiding judge (Judge Rossano) disallowed Reichter from testifying in the case. Its motion for reconsideration having been denied, the People of the Philippines went up on certiorari to the Court of Appeals (CA) questioning Judge Rossano's ruling. After due proceedings, the CA rendered judgment declaring Judge Rossano's ruling void ab initio for having been made with grave abuse of discretion amounting to lack or excess of jurisdiction, and directing Judge Rossano to allow Reichter to testify in the criminal case for the stated purpose. This is based on the fact that the marital privilege rule does not apply where a spouse committed the crime against the other. As the CA decision became final and executory, the criminal case before the RTC was calendared for trial. At the scheduled trial, the prosecution called Reichter to the witness stand in order to testify on the same matter it earlier announced. The defense objected on the ground that the CA erred in its disposition of the certiorari case. Judge Rossano sustained the objection and again disallowed Reichter from testifying in the criminal case. Repeated pleas from the prosecution for Judge Rossano to reconsider his ruling and to allow Reichter to testify fell on deaf ears. May Judge Rossano be convicted of a crime? If yes, what crime did he commit? (5%)

Robina bought from Ramsey a seaside property located in Romblon. At that time, she was in the process of returning to the Philippines as a returning resident, after retiring from her work in Russia, and was planning to set up a diving school in the area. In a non-notarized "Kasunduan ng Pagbibili," Ramsey represented the property as alienable and disposable, and that he had a valid title to the property. When the sale was completed, and as she was applying for permits and licenses for her school, she found out that the property was a public non-alienable and non-disposable land which Ramsey had bought from someone who only had a foreshore lease over the same. As she was bent on setting up the diving school in the area, having made all the preparations and having already bought all the equipment, she filed a Miscellaneous Lease Application (MLA) with the Department of Environment and Natural Resources (DENR) at the Community Environment and Natural Resources Office in Romblon. In her application, she stated that she was a Filipino citizen, although she was still a naturalized Russian citizen at that time. It was only six months after she filed the MLA that she filed her petition for dual citizenship under R.A. No. 9225. When DENR discovered that, at the time of filing the MLA, she was still a Russian citizen, her application was denied and she was charged with falsification of a public document for misrepresenting herself as a Filipino citizen. Infuriated, Robina also filed charges against Ramsey for falsification of a private document for stating in their "Kasunduan" that the property was alienable and disposable. In the case for falsification of a public document, Robina's defense was that, at the time she filed the MLA, she had every intention to reacquire Philippine citizenship, as in fact she filed for dual citizenship six months thereafter, and that she had no intent to gain or to injure the Philippine government since she expected that her application for dual citizenship would be approved before the MLA could be approved. On the other hand, she claimed in the action against Ramsey that intent to gain was present since he received the purchase price as a result of his misrepresentation. Ramsey's defense was that he had a valid Transfer Certificate of Title in his name, and he had a right to rely on his title. (b) Will the case for falsification of private document filed against Ramsey prosper? (2.5%)

Orphaned when still an infant, Rocky lived under the care of his grandmother Rosario. Now 18, Rocky entered Rosario's bedroom who was then outside doing her daily marketing. He ransacked the bedroom and took Rosario's money and valuables amounting to P100,000. When Rosario came home, she found her room in disarray, and her money and valuables gone. She confronted Rocky, who confessed to taking the money and valuables in order to pay his debts. (a) What crime, if any, did Rocky commit? (2.5%)

Wielding loose firearms, Rene and Roan held up a bank. After taking the bank's money, the robbers ran towards their getaway car, pursued by the bank security guards. As the security guards were closing in on the robbers, the two fired their firearms at the pursuing security guards. As a result, one of the security guards was hit on the head causing his immediate death. For the taking of the bank's money and killing of the security guard with the use of loose firearms, the robbers were charged in court in two separate informations, one for robbery with homicide attended by the aggravating circumstance of use of loose firearms, and the other for illegal possession of firearms. Are the indictments correct? (5%)

Rafa caught his wife, Rachel, in the act of having sexual intercourse with Rocco in the maid's room of their own house. Rafa shot both lovers in the chest, but they survived. Rafa charged Rachel and Rocco with adultery, while Rachel and Rocco charged Rafa with frustrated parricide and frustrated homicide. In the adultery case, Rachel and Rocco raised the defense that Rafa and Rachel, prior to the incident in question, executed a notarized document whereby they agreed to live separately and allowed each of them to get a new partner and live with anyone of their choice as husband and wife. This document was executed after Rachel discovered that Rafa was cohabiting with another woman. Thus, they also raised the defense of in pari delicto. In the frustrated parricide and frustrated homicide cases, Rafa raised the defense that, having caught them in flagrante delicto, he has no criminal liability. Assuming that all defenses have been proven: (b) Will the actions for frustrated parricide and frustrated homicide prosper? (2.5%)

Rafa caught his wife, Rachel, in the act of having sexual intercourse with Rocco in the maid's room of their own house. Rafa shot both lovers in the chest, but they survived. Rafa charged Rachel and Rocco with adultery, while Rachel and Rocco charged Rafa with frustrated parricide and frustrated homicide. In the adultery case, Rachel and Rocco raised the defense that Rafa and Rachel, prior to the incident in question, executed a notarized document whereby they agreed to live separately and allowed each of them to get a new partner and live with anyone of their choice as husband and wife. This document was executed after Rachel discovered that Rafa was cohabiting with another woman. Thus, they also raised the defense of in pari delicto. In the frustrated parricide and frustrated homicide cases, Rafa raised the defense that, having caught them in flagrante delicto, he has no criminal liability. Assuming that all defenses have been proven: (a) Will the action for adultery prosper? (2.5%)

Rashid asked Rene to lend him PhP50,000, payable in six (6) months and, as payment for the loan, Rashid issued a postdated check for the said amount plus the agreed interest. Rashid assured Rene that the account would have sufficient funds on maturity date. On that date, Rene presented the check to the drawee bank for payment but it was dishonored for the reason that it was drawn against insufficient funds (DAIF). Rene sent Rashid a timely notice of dishonor of the check and demanded the latter to make good the same within five (5) days from notice. After the lapse of the five (5)-day notice, Rene redeposited the check with the drawee bank but it was again dishonored for the same reason, i.e., DAIF. Rene thereafter filed two (2) separate criminal actions against Rashid: (1) Estafa under Art. 315(2)(d) of the RPC, as amended by R.A. No. 4885, i.e., estafa committed by postdating a check, or issuing a check in payment of an obligation without sufficient funds in the bank; and (2) Violation of B.P. 22 or the Bouncing Checks Law. (b) If the check is presented for payment after four (4) months, but before it becomes stale, can the two actions still proceed? (2.5%)

Rashid asked Rene to lend him PhP50,000, payable in six (6) months and, as payment for the loan, Rashid issued a postdated check for the said amount plus the agreed interest. Rashid assured Rene that the account would have sufficient funds on maturity date. On that date, Rene presented the check to the drawee bank for payment but it was dishonored for the reason that it was drawn against insufficient funds (DAIF). Rene sent Rashid a timely notice of dishonor of the check and demanded the latter to make good the same within five (5) days from notice. After the lapse of the five (5)-day notice, Rene redeposited the check with the drawee bank but it was again dishonored for the same reason, i.e., DAIF. Rene thereafter filed two (2) separate criminal actions against Rashid: (1) Estafa under Art. 315(2)(d) of the RPC, as amended by R.A. No. 4885, i.e., estafa committed by postdating a check, or issuing a check in payment of an obligation without sufficient funds in the bank; and (2) Violation of B.P. 22 or the Bouncing Checks Law. (a) Can he be held liable under both actions? (2.5%)

A group of homeless and destitute persons invaded and occupied the houses built by the National Housing Authority (NHA) for certain military personnel. To gain entry to the houses, the group intimidated the security guards posted at the entrance gate with the firearms they were carrying and destroyed the padlocks of the doors of the houses with the use of crowbars and hammers. They claimed that they would occupy the houses and live therein because the houses were idle and they were entitled to free housing from the government. For the reason that the houses were already awarded to military personnel who have been found to have fully complied with the requirements for the award thereof, NHA demanded the group to vacate within ten (10) days from notice the houses they occupied and were still occupying. Despite the lapse of the deadline, the group refused to vacate the houses in question. What is the criminal liability of the members of the group, if any, for their actions? (5%)

With a promise of reward, Robert asked Romy to bring him a young girl that he (Robert) can have carnal knowledge with. Romy agreed, seized an eight-year-old girl and brought her to Robert. After receiving his reward, Romy left while Robert proceeded to have carnal knowledge with the girl. (b) Will your answer in (a) be the same if the victim is a 15-year-old lass who was enticed, through cunning and deceit of Romy, to voluntarily go to the house of Robert where the latter subsequently had carnal knowledge with her? (2.5%)

With a promise of reward, Robert asked Romy to bring him a young girl that he (Robert) can have carnal knowledge with. Romy agreed, seized an eight-year-old girl and brought her to Robert. After receiving his reward, Romy left while Robert proceeded to have carnal knowledge with the girl. (a) For what felony may Robert and Romy be charged? (2.5%)

On the way home from work, Rica lost her necklace to a snatcher. A week later, she saw what looked like her necklace on display in a jewelry store in Raon. Believing that the necklace on display was the same necklace snatched from her the week before, she surreptitiously took the necklace without the knowledge and consent of the store owner. Later, the loss of the necklace was discovered, and Rica was shown on the CCTV camera of the store as the culprit. Accordingly, Rica was charged with theft of the necklace. Rica raised the defense that she could not be guilty as charged because she was the owner of the necklace and that the element of intent to gain was lacking. What should be the verdict if: (b) It is proven that the store acquired the necklace from another person who was the real owner of the necklace? (2.5%)

Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best friend, Rafael, to lend him a gun and drive him to Ricardo's house. Rafael knew about Roberto's plan to kill Ricardo, but agreed to lend him a gun nevertheless. Rafael also drove Roberto to the street corner nearest the house of Ricardo. Rafael waited for him there, until the task had been accomplished, so that he could drive Roberto to the next town to evade arrest. Roberto also asked another friend, Ruel, to stand guard outside Ricardo's house, for the purpose of warning him in case there was any danger or possible witnesses, and to keep other persons away from the vicinity. All three—Roberto, Rafael and Ruel—agreed to the plan and their respective roles. On the agreed date, Rafael drove Roberto and Ruel to the nearest corner near Ricardo's house. Roberto and Ruel walked about 50 meters where Ruel took his post as guard, and Roberto walked about five (5) meters more, aimed the gun at Ricardo's bedroom, and peppered it with bullets. When he thought that he had accomplished his plan, Roberto ran away, followed by Ruel, and together they rode in Rafael's car where they drove to the next town to spend the night there. It turned out that Ricardo was out of town when the incident happened, and no one was in his room at the time it was peppered with bullets. Thus, no one was killed or injured during the incident. (a) Was a crime committed? If yes, what is/are the crime/s committed? (2.5%)

To aid in the rebuilding and revival of Tacloban City and the surrounding areas that had been devastated by the strongest typhoon to hit the country in decades, the Government and other sectors, including NGOs, banded together in the effort. Among the NGOs was Bangon Waray, Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its President and CEO. BaWI operated mainly as a social amelioration and charitable institution. For its activities in the typhoon-stricken parts of Leyte Province, BaWI received funds from all sources, local and foreign, including substantial amounts from legislators, local government officials and the EU. After several months, complaints were heard about the very slow distribution of relief goods and needed social services by BaWI. The COA reported the results of its audit to the effect that at least P10 Million worth of funds coming from public sources channeled to BaWI were not yet properly accounted for. The COA demanded reimbursement but BaWI did not respond. Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman with malversation of public funds and failure of accountable officer to render accounts as respectively defined and punished by Art. 217 and Art. 218 of the Revised Penal Code. He was also charged with violation of Sec. 3(e) of R.A. No. 3019 for causing undue injury to the Government. In his defense, Mr. Gulang mainly contended that he could not be held liable under the various charges because he was not a public officer. (b) Discuss whether the crimes charged against Mr. Gulang are proper. Explain your answer. (3%)

Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake books. The law prescribes the penalty of prision correccional, a divisible penalty whose minimum period is six months and one day to two years and four months; medium period is two years, four months and one day to four years and two months; and maximum period is four years, two months and one day to six years. At arraignment, Sammy Peke pleads guilty to the crime charged. (a) Explain how the Indeterminate Sentence Law is applied in crimes punished by special laws. (3%)

Maita was the object of Solito's avid sexual desires. Solito had attempted many times to entice Maita to a date in bed with him but Maita had consistently refused. Fed up with all her rejections, Solito abducted Maita around 7 p.m. one night. With his cohorts, Solito forced Maita into a Toyota Innova and drove off with her to a green-painted house situated in a desolate part of the town. There, Solito succeeded in having carnal knowledge of Maita against her will. Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same night Solito would be selling marijuana outside the green-painted house. Acting on the tip, the PNP station of the town formed a buy-bust team with PO2 Masahol being designated the poseur buyer. During the buy-bust operation, Solito opened the trunk of the Toyota Innova to retrieve the bag of marijuana to be sold to PO2 Masahol. To cut the laces that he had tied the bag with, Solito took out a Swiss knife, but his doing so prompted PO2 Masahol to effect his immediate arrest out of fear that he would attack him with the knife. PO2 Masahol then confiscated the bag of marijuana as well as the Toyota Innova. (a) Two informations were filed against Solito in the RTC—one for forcible abduction with rape, raffled to Branch 8 of the RTC; the other for illegal sale of drugs, assigned to Branch 29 of the RTC. Was Solito charged with the proper offenses based on the circumstances? Explain your answer. (5%)

To aid in the rebuilding and revival of Tacloban City and the surrounding areas that had been devastated by the strongest typhoon to hit the country in decades, the Government and other sectors, including NGOs, banded together in the effort. Among the NGOs was Bangon Waray, Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its President and CEO. BaWI operated mainly as a social amelioration and charitable institution. For its activities in the typhoon-stricken parts of Leyte Province, BaWI received funds from all sources, local and foreign, including substantial amounts from legislators, local government officials and the EU. After several months, complaints were heard about the very slow distribution of relief goods and needed social services by BaWI. The COA reported the results of its audit to the effect that at least P10 Million worth of funds coming from public sources channeled to BaWI were not yet properly accounted for. The COA demanded reimbursement but BaWI did not respond. Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman with malversation of public funds and failure of accountable officer to render accounts as respectively defined and punished by Art. 217 and Art. 218 of the Revised Penal Code. He was also charged with violation of Sec. 3(e) of R.A. No. 3019 for causing undue injury to the Government. In his defense, Mr. Gulang mainly contended that he could not be held liable under the various charges because he was not a public officer. (a) Who is a public officer? (2%)

Answer with brief explanations the following queries. (b) What crime is committed by a capataz who enrolls two fictitious names in the payroll and collects their supposed daily wages every payday? (2%)

Answer with brief explanations the following queries. (d) Why is there no crime of frustrated serious physical injuries? (2%)

Maita was the object of Solito's avid sexual desires. Solito had attempted many times to entice Maita to a date in bed with him but Maita had consistently refused. Fed up with all her rejections, Solito abducted Maita around 7 p.m. one night. With his cohorts, Solito forced Maita into a Toyota Innova and drove off with her to a green-painted house situated in a desolate part of the town. There, Solito succeeded in having carnal knowledge of Maita against her will. Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same night Solito would be selling marijuana outside the green-painted house. Acting on the tip, the PNP station of the town formed a buy-bust team with PO2 Masahol being designated the poseur buyer. During the buy-bust operation, Solito opened the trunk of the Toyota Innova to retrieve the bag of marijuana to be sold to PO2 Masahol. To cut the laces that he had tied the bag with, Solito took out a Swiss knife, but his doing so prompted PO2 Masahol to effect his immediate arrest out of fear that he would attack him with the knife. PO2 Masahol then confiscated the bag of marijuana as well as the Toyota Innova. (b) While the Prosecution was presenting its evidence in Branch 29, Branch 8 convicted Solito. Immediately after the judgment of conviction was promulgated, Solito filed in both Branches a motion for the release of the Toyota Innova. He argued and proved that he had only borrowed the vehicle from his brother, the registered owner. Branch 8 granted the motion but Branch 29 denied it. Were the two courts correct in their rulings? Explain your answer. (5%)

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (b) Before the trial court, Aliswan moved that the cases should be dismissed because he was entitled to the exempting circumstance of minority. Is his motion correct? Explain your answer. (3%)

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (c) After receiving medical attendance for 10 days, Alisto consulted you about filing the proper criminal complaint against Amante. What crimes, if any, will you charge Amante with? Explain your answer. (3%)

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (d) Answering the criminal complaint filed by Alisto, Amante contended that he had incurred no criminal liability for lack of criminal intent on his part, his intended victim being Aliswan, not Alisto. What is this defense of Amante, and explain if the same will prosper? (3%)

Answer with brief explanations the following queries. (c) What is now the age of doli incapax in the Philippines? (2%)

Bernardo was enraged by his conviction for robbery by Judge Samsonite despite insufficient evidence. Pending his appeal, Bernardo escaped in order to get even with Judge Samsonite. Bernardo learned that the judge regularly slept in his mistress' house every weekend. Thus, he waited for the judge to arrive on Saturday evening at the house of his mistress. It was about 8:00 p.m. when Bernardo entered the house of the mistress. He found the judge and his mistress having coffee in the kitchen and engaging in small talk. Without warning, Bernardo stabbed the judge at least 20 times. The judge instantly died. Prosecuted and tried, Bernardo was convicted of direct assault with murder. Rule with reasons whether or not the conviction for direct assault with murder was justified, and whether or not the trial court should appreciate the following aggravating circumstances against Bernardo, to wit: (1) disregard of rank and age of the victim, who was 68 years old; (2) dwelling; (3) nighttime; (4) cruelty; and (5) quasi-recidivism. (10%)

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and repeatedly shouted at Porthos: "Putang Ina mo!" Porthos, displaying fearlessness, aggressively shouted back at Aramis: "Wag kang magtapang-tapangan dyan, papatayin kita!" Without saying anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos' wound was not life threatening. (a) What are the kinds of unlawful aggression, and which kind was displayed in this case? Explain your answer. (3%)

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and repeatedly shouted at Porthos: "Putang Ina mo!" Porthos, displaying fearlessness, aggressively shouted back at Aramis: "Wag kang magtapang-tapangan dyan, papatayin kita!" Without saying anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos' wound was not life threatening. (b) Standing trial for frustrated murder, Aramis pleaded self-defense. The Prosecution's contention was that the plea of self-defense applied only to consummated killings. Rule, with explanations, on the tenability of Aramis' claim of self-defense, and on the Prosecution's contention. (3%)

Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake books. The law prescribes the penalty of prision correccional, a divisible penalty whose minimum period is six months and one day to two years and four months; medium period is two years, four months and one day to four years and two months; and maximum period is four years, two months and one day to six years. At arraignment, Sammy Peke pleads guilty to the crime charged. (b) Supposing the trial judge imposes a straight penalty of imprisonment for one year, is the penalty correct in the context of the Indeterminate Sentence Law? Explain your answer. (3%)

In his homily, Fr. Chris loudly denounced the many extrajudicial killings committed by the men in uniform. Policeman Stone, then attending the mass, was peeved by the denunciations of Fr. Chris. He immediately approached the priest during the homily, openly displayed his firearm tucked in his waist, and menacingly uttered at the priest: "Father, may kalalagyan kayo kung hindi kayo tumigil." His brazenness terrified the priest, who cut short his homily then and there. The celebration of the mass was disrupted, and the congregation left the church in disgust over the actuations of Policeman Stone, a co-parishioner. Policeman Stone was subsequently charged. The Office of the Provincial Prosecutor is now about to resolve the case, and is mulling on what to charge Policeman Stone with. May Policeman Stone be properly charged with either or both of the following crimes, or, if not, with what proper crime? (a) Interruption of religious worship as defined and punished under Art. 132 of the Revised Penal Code; and/or. Explain fully your answer. (8%)

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account. Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project was highly overpriced because it could be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million, while Bokal Diva got P25 Million. In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva's share in government projects. (a) May each of the above-named individuals be held liable for plunder? Explain your answer. (4%)

Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park with his father Tony. The child stood on a chair to be able to see the performers on the stage. Juanito, a 10-year-old boy, who was also watching the concert, could not see much of the performance on the stage because Tonito was blocking his line of sight by standing on the chair. Using his elbow, Juanito strongly shoved Tonito to get a good view of the stage. The shove caused Tonito to fall to the ground. Seeing this, Tony struck Juanito on the head with his hand and caused the boy to fall and to hit his head on a chair. Tony also wanted to strangle Juanito but the latter's aunt prevented him from doing so. Juanito sustained a lacerated wound on the head that required medical attendance for 10 days. Tony was charged with child abuse in violation of Sec. 10(a), in relation to Sec. 3(b)(2), of R.A. No. 7610 (Child Abuse Law) for allegedly doing an "act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being." In his defense, Tony contended that he had no intention to maltreat Juanito, much less to degrade his intrinsic worth and dignity as a human being. (b) Was Tony criminally liable for child abuse under R.A. No. 7610? Explain your answer. (3%)

Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park with his father Tony. The child stood on a chair to be able to see the performers on the stage. Juanito, a 10-year-old boy, who was also watching the concert, could not see much of the performance on the stage because Tonito was blocking his line of sight by standing on the chair. Using his elbow, Juanito strongly shoved Tonito to get a good view of the stage. The shove caused Tonito to fall to the ground. Seeing this, Tony struck Juanito on the head with his hand and caused the boy to fall and to hit his head on a chair. Tony also wanted to strangle Juanito but the latter's aunt prevented him from doing so. Juanito sustained a lacerated wound on the head that required medical attendance for 10 days. Tony was charged with child abuse in violation of Sec. 10(a), in relation to Sec. 3(b)(2), of R.A. No. 7610 (Child Abuse Law) for allegedly doing an "act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being." In his defense, Tony contended that he had no intention to maltreat Juanito, much less to degrade his intrinsic worth and dignity as a human being. (a) Distinguish crimes mala in se from crimes mala prohibita. (3%)

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account. Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project was highly overpriced because it could be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million, while Bokal Diva got P25 Million. In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva's share in government projects. (b) Define wheel conspiracy and chain conspiracy. Is either or both kinds existent herein? Explain your answer. (4%)

In his homily, Fr. Chris loudly denounced the many extrajudicial killings committed by the men in uniform. Policeman Stone, then attending the mass, was peeved by the denunciations of Fr. Chris. He immediately approached the priest during the homily, openly displayed his firearm tucked in his waist, and menacingly uttered at the priest: "Father, may kalalagyan kayo kung hindi kayo tumigil." His brazenness terrified the priest, who cut short his homily then and there. The celebration of the mass was disrupted, and the congregation left the church in disgust over the actuations of Policeman Stone, a co-parishioner. Policeman Stone was subsequently charged. The Office of the Provincial Prosecutor is now about to resolve the case, and is mulling on what to charge Policeman Stone with. May Policeman Stone be properly charged with either or both of the following crimes, or, if not, with what proper crime? (b) Offending the religious feelings as defined and punished under Art. 133 of the Revised Penal Code. Explain fully your answer. (8%)

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account. Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project was highly overpriced because it could be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million, while Bokal Diva got P25 Million. In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva's share in government projects. (c) What provisions of R.A. No. 3019 (Anti-Graft & Corrupt Practices Act), if any, were violated by any of the above-named individuals, specifying the persons liable therefor? Explain your answer. (4%)

Sixteen-year-old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they were secretly together in her bedroom late one evening. Failing to get a positive response from her, he forcibly undressed her. Apprehensive about rousing the attention of the household who did not know of his presence inside her room, she resisted him with minimal strength, but she was really sobbing in a muffled manner. He then undressed himself while blocking the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante, the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his daughter's room naked. Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor. Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso. Aliswan immediately went into hiding afterwards. Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look for Aliswan in his school. There, Amante found a young man who looked very much like Aliswan. Amante immediately rushed and knocked the young man unconscious on the pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG TULARAN. Everyone else in the school was shocked upon witnessing what had just transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother, had committed rape. (a) A criminal complaint for attempted rape with homicide was brought against Aliswan in the Prosecutor's Office. However, after preliminary investigation, the Investigating Prosecutor recommended the filing of two separate informations—one for attempted rape and the other for homicide. Do you agree with the recommendation? Explain your answer. (3%)

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account. Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth P800 Million. The project was highly overpriced because it could be undertaken and completed for not more than P400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of P10 Million, while Bokal Diva got P25 Million. In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva's share in government projects. (d) What crimes under the Revised Penal Code, if any, were committed, specifying the persons liable therefor? Explain your answer. (4%)

During the nationwide transport strike to protest the phase out of old public utility vehicles, striking jeepney drivers Percy, Pablo, Pater and Sencio, each armed with guns, hailed several MMDA buses then providing free transport to the stranded public to stop them from plying their routes. They later on commandeered one of the buses without allowing any of the passengers to alight, and told the driver to bring the bus to Tanay, Rizal. Upon reaching a remote area in Tanay, Percy, Pablo, Pater and Sencio forcibly divested the passengers of their cash and valuables. They ordered the passengers to leave thereafter. Then, they burned the bus. When a tanod of the barangay of the area came around to intervene, Pater fired at him, instantly killing him. After Percy, Pablo, Pater and Sencio were arrested, the police authorities recommended them to be charged with the following crimes, to wit: (1) carnapping; (2) robbery; (3) direct assault with homicide; (4) kidnapping; and (5) arson. State your legal opinion on the recommendation of the police authorities on the criminal liabilities incurred by Percy, Pablo, Pater and Sencio. (10%)

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and repeatedly shouted at Porthos: "Putang Ina mo!" Porthos, displaying fearlessness, aggressively shouted back at Aramis: "Wag kang magtapang-tapangan dyan, papatayin kita!" Without saying anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos' wound was not life threatening. (c) Porthos insisted that the element of treachery was present. To rule out treachery, Aramis asserted that both he and Porthos were then facing and confronting each other when he fired the shot. Rule, with reasons, on the respective contentions. (3%)

Answer with brief explanations the following queries. (a) If the slightest penetration of the female genitalia consummates rape by carnal knowledge, how does the accused commit attempted rape by carnal knowledge? (2%)

Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to provide for the needs of their family, Jojo convinced Felipa to be a stay-at-home mom and care for their children. One day, Jojo arrived home earlier than usual and caught Felipa in the act of having sexual intercourse with their female nanny, Alma, in their matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside the bedroom cabinet and shot Alma, immediately killing her. (b) Is Felipa liable for adultery for having sexual relations with Alma? (2.5%)

Romeo and Julia have been married for twelve (12) years and had two (2) children. The first few years of their marriage went along smoothly. However, on the 11th year onwards, they would often quarrel when Romeo comes home drunk. The quarrels became increasingly violent, marked by quiet periods when Julia would leave the conjugal dwelling. During these times of quiet, Romeo would "court" Julia with flowers and chocolate and convince her to return home, telling her that he could not live without her; or Romeo would ask Julia to forgive him, which she did, believing that if she humbled herself, Romeo would change. After a month of marital bliss, Romeo would return to his drinking habit and the quarrel would start again, verbally at first, until it would escalate to physical violence. One night, Romeo came home drunk and went straight to bed. Fearing the onset of another violent fight, Julia stabbed Romeo while he was asleep. A week later, their neighbors discovered Romeo's rotting corpse on the marital bed. Julia and the children were nowhere to be found. Julia was charged with parricide. She asserted "battered woman's syndrome" as her defense. (a) Explain the "cycle of violence." (2.5%)

A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the managing editor; and C is the author/writer. In his column, Direct Hit, C wrote about X, the head examiner of the BIR-RDO Manila as follows: "Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T-shirt niya ay napaka suwapang na buwaya. Ang nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer at ang para sa RP ay 10% lang. Kaya ang baba ng collection ng RDO niya. Masyadong magnanakaw si X at dapat tanggalin itong bundat na bundat na buwaya na ito at napakalaki na ng kurakot." A, B and C were charged with libel before the RTC of Manila. The three (3) defendants argued that the article is within the ambit of qualified privileged communication; that there is no malice in law and in fact; and that defamatory comments on the acts of public officials which are related to the discharge of their official duties do not constitute libel. Was the crime of libel committed? If so, are A, B, and C all liable for the crime? Explain. (5%)

Val, a Nigerian, set up a perfume business in the Philippines. The investors would buy the raw materials at a low price from Val. The raw materials consisted of powders, which the investors would mix with water and let stand until a gel was formed. Val made a written commitment to the investors that he would buy back the gel at a higher price, thus assuring the investors of a neat profit. When the amounts to be paid by Val to the investors reached millions of pesos, he sold all the equipment of his perfume business, absconded with the money, and is nowhere to be found. What crime or crimes were committed, if any? Explain. (5%)

Ofelia, engaged in the purchase and sale of jewelry, was charged with violation of P.D. 1612, otherwise known as the Anti-Fencing Law, for having been found in possession of recently stolen jewelry valued at P100,000.00 at her jewelry shop. Her defense is that she merely bought the same from Antonia and produced a receipt covering the sale. She presented other receipts given to her by Antonia representing previous transactions. Convicted of the charge, Ofelia appealed, arguing that her acquisition of the jewelries resulted from a legal transaction and that the prosecution failed to prove that she knew or should have known that the pieces of jewelry which she bought from Antonia were proceeds of the crime of theft. (b) Is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%)

Charges d'affaires Volvik of Latvia suffers from a psychotic disorder after he was almost assassinated in his previous assignment. One day, while shopping in a mall, he saw a group of shoppers whom he thought were the assassins who were out to kill him. He asked for the gun of his escort and shot ten (10) people and wounded five (5) others before he was subdued. The wounded persons required more than thirty (30) days of medical treatment. What crime or crimes, if any, did he commit? Explain. (5%)

The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical miles from Aparri, Cagayan when its engines malfunctioned. The Captain ordered his men to drop anchor and repair the ship. While the officers and crew were asleep, armed men boarded the vessel and took away several crates containing valuable items and loaded them in their own motorboat. Before the band left, they planted an explosive which they detonated from a safe distance. The explosion damaged the hull of the ship, killed ten (10) crewmen, and injured fifteen (15) others. What crime or crimes, if any, were committed? Explain. (5%)

Angelino, a Filipino, is a transgender who underwent gender reassignment and had implants in different parts of her body. She changed her name to Angelina and was a finalist in the Miss Gay International. She came back to the Philippines and while she was walking outside her home, she was abducted by Max and Razzy who took her to a house in the province. She was then placed in a room and Razzy forced her to have sex with him at knife's point. After the act, it dawned upon Razzy that Angelina is actually a male. Incensed, Razzy called Max to help him beat Angelina. The beatings that Angelina received eventually caused her death. What crime or crimes, if any, were committed? Explain. (5%)

Braulio invited Lulu, his 11-year-old stepdaughter, inside the master bedroom. He pulled out a knife and threatened her with harm unless she submitted to his desires. He was touching her chest and sex organ when his wife caught him in the act. The prosecutor is unsure whether to charge Braulio for acts of lasciviousness under Art. 336 of the RPC; for lascivious conduct under R.A. 7610 (Special Protection against Child Abuse, Exploitation and Discrimination Act); or for rape under Art. 266-A of the RPC. What is the crime committed? Explain. (5%)

Lina worked as a housemaid and yaya of the one-week old son of the spouses John and Joana. When Lina learned that her 70-year old mother was seriously ill, she asked John for a cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the child with stockings, placed him in a box, sealed it with masking tape, and placed the box in the attic. Lina then left the house and asked her friend Fely to demand a P20,000.00 ransom for the release of the spouses' child to be paid within twenty-four hours. The spouses did not pay the ransom. After a couple of days, John discovered the box in the attic with his child already dead. According to the autopsy report, the child died of asphyxiation barely minutes after the box was sealed. What crime or crimes, if any, did Lina and Fely commit? Explain. (5%)

(a) Define malfeasance, misfeasance and nonfeasance. (2.5%)

Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw a man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the attacker on his head which caused the latter's death. Can Pedro be absolved of the killing on the ground that it is in defense of a relative? Explain. (5%)

Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to provide for the needs of their family, Jojo convinced Felipa to be a stay-at-home mom and care for their children. One day, Jojo arrived home earlier than usual and caught Felipa in the act of having sexual intercourse with their female nanny, Alma, in their matrimonial bed. In a fit of rage, Jojo retrieved his revolver from inside the bedroom cabinet and shot Alma, immediately killing her. (a) Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the Revised Penal Code (RPC) applicable in this case given that the paramour was of the same gender as the erring spouse? (2.5%)

Governor A was given the amount of P10 million by the Department of Agriculture for the purpose of buying seedlings to be distributed to the farmers. Supposedly intending to modernize the farming industry in his province, Governor A bought farm equipment through direct purchase from XY Enterprise, owned by his kumpare B, the alleged exclusive distributor of the said equipment. Upon inquiry, the Ombudsman discovered that B has a pending patent application for the said farm equipment. Moreover, the equipment purchased turned out to be overpriced. What crime or crimes, if any, were committed by Governor A? Explain. (5%)

Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal told Domingo to lend the cows to Tristan on the condition that the latter will give a goat to the former when the cows are returned. Instead, Tristan sold the cows and pocketed the money. Due to the neglect of Domingo, one of the horses was stolen. Knowing that he will be blamed for the loss, Domingo slaughtered the other horse, got the meat, and sold it to Pastor. He later reported to Hannibal that the two horses were stolen. (a) What crime or crimes, if any, did Tristan commit? Explain. (2.5%)

Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal told Domingo to lend the cows to Tristan on the condition that the latter will give a goat to the former when the cows are returned. Instead, Tristan sold the cows and pocketed the money. Due to the neglect of Domingo, one of the horses was stolen. Knowing that he will be blamed for the loss, Domingo slaughtered the other horse, got the meat, and sold it to Pastor. He later reported to Hannibal that the two horses were stolen. (b) What crime or crimes, if any, were committed by Domingo? Explain. (2.5%)

Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted as poseur-buyer, inventoried and photographed ten (10) sachets of shabu in the presence of a barangay tanod. The inventory was signed by Macario and the tanod, but Dimas refused to sign. As Macario was stricken with flu the day after, he was able to surrender the sachets to the PNP Crime Laboratory only after four (4) days. During pre-trial, the counsel de oficio of Dimas stipulated that the substance contained in the sachets examined by the forensic chemist is in fact methamphetamine hydrochloride or shabu. Dimas was convicted of violating Section 5 of R.A. 9165. On appeal, Dimas questioned the admissibility of the evidence because Macario failed to observe the requisite "chain of custody" of the alleged "shabu" seized from him. On behalf of the State, the Solicitor General claimed that despite non-compliance with some requirements, the prosecution was able to show that the integrity of the substance was preserved. Moreover, even with some deviations from the requirements, the counsel of Dimas stipulated that the substance seized from Dimas was shabu so that the conviction should be affirmed. (a) What is the "chain of custody" requirement in drug offenses? (2.5%)

Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted as poseur-buyer, inventoried and photographed ten (10) sachets of shabu in the presence of a barangay tanod. The inventory was signed by Macario and the tanod, but Dimas refused to sign. As Macario was stricken with flu the day after, he was able to surrender the sachets to the PNP Crime Laboratory only after four (4) days. During pre-trial, the counsel de oficio of Dimas stipulated that the substance contained in the sachets examined by the forensic chemist is in fact methamphetamine hydrochloride or shabu. Dimas was convicted of violating Section 5 of R.A. 9165. On appeal, Dimas questioned the admissibility of the evidence because Macario failed to observe the requisite "chain of custody" of the alleged "shabu" seized from him. On behalf of the State, the Solicitor General claimed that despite non-compliance with some requirements, the prosecution was able to show that the integrity of the substance was preserved. Moreover, even with some deviations from the requirements, the counsel of Dimas stipulated that the substance seized from Dimas was shabu so that the conviction should be affirmed. (b) Rule on the contention of the State. (2.5%)

Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his wife, and three (3) daughters were residing. While the four were ransacking Antonio's house, Julio noticed that one of Antonio's daughters was trying to escape. He chased and caught up with her at a thicket somewhat distant from the house, but before bringing her back, raped her. (a) What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%)

Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his wife, and three (3) daughters were residing. While the four were ransacking Antonio's house, Julio noticed that one of Antonio's daughters was trying to escape. He chased and caught up with her at a thicket somewhat distant from the house, but before bringing her back, raped her. (b) Suppose, after the robbery, the four took turns in raping the three daughters inside the house, and, to prevent identification, killed the whole family just before they left. What crime or crimes, if any, did the four malefactors commit? (2.5%)

A, an OFW, worked in Kuwait for several years as a chief accountant, religiously sending to his wife, B, 80% of all his earnings. After his stint abroad, he was shocked to know that B became the paramour of a married man, C, and that all the monies he sent to B were given by her to C. To avenge his honor, A hired X, Y and Z and told them to kidnap C and his wife, D, so that he can inflict injuries on C to make him suffer, and humiliate him in front of his wife. X, Y and Z were paid P20,000.00 each and were promised a reward of P50,000.00 each once the job is done. At midnight, A, with the fully armed X, Y and Z, forcibly opened the door and gained entrance to the house of C and D. C put up a struggle before he was subdued by A's group. They boarded C and D in a van and brought the two to a small hut in a farm outside Metro Manila. Both hands of C and D were tied. With the help of X, Y and Z, A raped D in front of C. X, Y and Z then took turns in raping D, and subjected C to torture until he was black and blue and bleeding profusely from several stab wounds. A and his group set the hut on fire before leaving, killing both C and D. X, Y and Z were paid their reward. Bothered by his conscience, A surrendered the next day to the police, admitting the crimes he committed. As the RTC judge, decide what crime or crimes were committed by A, X, Y and Z, and what mitigating and aggravating circumstances will be applied in imposing the penalty. Explain. (5%)

Arnold, 25 years of age, was sitting on a bench in Luneta Park watching the statue of Jose Rizal when, without his permission, Leilani, 17 years of age, sat beside him and asked for financial assistance, allegedly for payment of her tuition fee, in exchange for sex. While they were conversing, police operatives arrested and charged him with violation of Section 10 of R.A. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act), accusing him of having in his company a minor, who is not related to him, in a public place. It was established that Arnold was not in the performance of a social, moral and legal duty at that time. Is Arnold liable for the charge? Explain. (5%)

A is the driver of B's Mercedes Benz car. When B was on a trip to Paris, A used the car for a joy ride with C whom he is courting. Unfortunately, A met an accident. Upon his return, B came to know about the unauthorized use of the car and sued A for qualified theft. B alleged that A took and used the car with intent to gain as he derived some benefit or satisfaction from its use. On the other hand, A argued that he has no intent of making himself the owner of the car as he in fact returned it to the garage after the joy ride. What crime or crimes, if any, were committed? Explain. (5%)

Romeo and Julia have been married for twelve (12) years and had two (2) children. The first few years of their marriage went along smoothly. However, on the 11th year onwards, they would often quarrel when Romeo comes home drunk. The quarrels became increasingly violent, marked by quiet periods when Julia would leave the conjugal dwelling. During these times of quiet, Romeo would "court" Julia with flowers and chocolate and convince her to return home, telling her that he could not live without her; or Romeo would ask Julia to forgive him, which she did, believing that if she humbled herself, Romeo would change. After a month of marital bliss, Romeo would return to his drinking habit and the quarrel would start again, verbally at first, until it would escalate to physical violence. One night, Romeo came home drunk and went straight to bed. Fearing the onset of another violent fight, Julia stabbed Romeo while he was asleep. A week later, their neighbors discovered Romeo's rotting corpse on the marital bed. Julia and the children were nowhere to be found. Julia was charged with parricide. She asserted "battered woman's syndrome" as her defense. (b) Is Julia's "battered woman's syndrome" defense meritorious? Explain. (2.5%)

Ofelia, engaged in the purchase and sale of jewelry, was charged with violation of P.D. 1612, otherwise known as the Anti-Fencing Law, for having been found in possession of recently stolen jewelry valued at P100,000.00 at her jewelry shop. Her defense is that she merely bought the same from Antonia and produced a receipt covering the sale. She presented other receipts given to her by Antonia representing previous transactions. Convicted of the charge, Ofelia appealed, arguing that her acquisition of the jewelries resulted from a legal transaction and that the prosecution failed to prove that she knew or should have known that the pieces of jewelry which she bought from Antonia were proceeds of the crime of theft. (a) What is a "fence" under P.D. 1612? (2.5%)

(b) Differentiate wheel conspiracy and chain conspiracy. (2.5%)

Explain the application of the Indeterminate Sentence Law (ISL). (5%)

Dela convinced Nita to work in Taiwan, promising Nita that she would take care of the processing of the necessary documents. Dela collected P120,000.00 from Nita purportedly for the processing of her papers. Upon receipt of the money, Nita was made to accomplish certain forms and was told that she would be deployed to Taiwan within one month. After one month, Nita followed up on her application. Dela made some excuses and told Nita that the deployment would be delayed. Another month passed and Dela made other excuses which made Nita suspicious. Nita later discovered that Dela was not licensed to recruit. Nita confronted Dela and demanded the return of her money. Dela promised to return the same in a week's time. b) Will your answer still be the same, assuming that the promise to deploy for employment abroad was made by Dela to Celia, Digna and Emma, in addition to Nita, and from whom Dela also collected the same amount of processing fee? Explain. (2.5%)

Dela convinced Nita to work in Taiwan, promising Nita that she would take care of the processing of the necessary documents. Dela collected P120,000.00 from Nita purportedly for the processing of her papers. Upon receipt of the money, Nita was made to accomplish certain forms and was told that she would be deployed to Taiwan within one month. After one month, Nita followed up on her application. Dela made some excuses and told Nita that the deployment would be delayed. Another month passed and Dela made other excuses which made Nita suspicious. Nita later discovered that Dela was not licensed to recruit. Nita confronted Dela and demanded the return of her money. Dela promised to return the same in a week's time. A) A week later, Dela was nowhere to be found. What crime(s) did Dela commit? Explain. (2.5%)

Dora gave Elen several pieces of jewelry for sale on commission basis. They agreed that Elen would remit the proceeds of the sale and return the unsold items to Dora within sixty days. The period expired without Elen remitting the proceeds of the sale or returning the pieces of jewelry. Dora demanded by phone that Elen turn over the proceeds of the sale and return the unsold pieces of jewelry. Elen promised to do so the following day. Elen still failed to make good on her promise but instead issued post-dated checks. Thereafter, Dora made several more demands, the last of which was in writing, but they were all unheeded. When the checks were deposited in Dora's bank account, the checks were returned unpaid for insufficient funds. Elen was charged with estafa and violation of Batas Pambansa Blg. 22. Will the charges against Elen prosper? Explain. (4%)

Honesto and Wilma were married but had been living separately due to irreconcilable differences. Honesto later met Celia and fell in love with her. Thinking that he could marry Celia if Wilma were to die, Honesto decided to kill Wilma. He secretly followed Wilma for weeks to learn her daily routine. He decided to kill her at night on her way home. On the night he was to kill Wilma, Honesto wore dark clothes so that he would not be easily seen. He waited in the dark alley for Wilma to pass by. He saw someone whom he thought looked like Wilma and shot her with a revolver. The bullet passed through the person's head and grazed another passerby's arm. Some bystanders who heard the shot were able to stop Honesto. It turned out that Wilma did not report for work on that day, and the one who was shot in the head was Melba, who died. The passerby whose arm was grazed by the bullet required medical attendance for two days. b) Will your answer be the same, assuming that the other passerby was hit in the left eye which caused his/her blindness? Explain. (2.5%)

Honesto and Wilma were married but had been living separately due to irreconcilable differences. Honesto later met Celia and fell in love with her. Thinking that he could marry Celia if Wilma were to die, Honesto decided to kill Wilma. He secretly followed Wilma for weeks to learn her daily routine. He decided to kill her at night on her way home. On the night he was to kill Wilma, Honesto wore dark clothes so that he would not be easily seen. He waited in the dark alley for Wilma to pass by. He saw someone whom he thought looked like Wilma and shot her with a revolver. The bullet passed through the person's head and grazed another passerby's arm. Some bystanders who heard the shot were able to stop Honesto. It turned out that Wilma did not report for work on that day, and the one who was shot in the head was Melba, who died. The passerby whose arm was grazed by the bullet required medical attendance for two days. A) What crime(s) did Honesto commit? Explain. (2.5%)

The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the drug pushing activities of Rado, but could not arrest him for lack of concrete evidence. SPO3 Relio, a PDEA team leader, approached Emilo and requested him to act as poseur-buyer of shabu and transact with Rado. Emilo refused, saying that he had completely been rehabilitated and did not want to have anything to do with drugs anymore. But he was prevailed upon to help when SPO3 Relio explained that only he could help capture Rado because he used to be his customer. SPO3 Relio then gave Emilo the marked money to be used in buying shabu from Rado. The operation proceeded. After Emilo handed the marked money to Rado in exchange for the sachets of shabu weighing 50 grams, and upon receiving the pre-arranged signal from Emilo, SPO3 Relio and his team members barged in and arrested Rado and Emilo, who were both charged with violation of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. A) What defense, if any, may Emilo invoke to free himself from criminal liability? Explain. (2.5%)

A typhoon destroyed the houses of many of the inhabitants of X Municipality. Thereafter, X Municipality operated a shelter assistance program whereby construction materials were provided to the calamity victims, and the beneficiaries provided the labor. The construction was partially done when the beneficiaries stopped helping with the construction for the reason that they needed to earn income to provide food for their families. When informed of the situation, Mayor Maawain approved the withdrawal of ten boxes of food from X Municipality's feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on X Municipality's annual budget. b) May Mayor Maawain invoke the defense of good faith and that he had no evil intent when he approved the transfer of the boxes of food from the feeding program to the shelter assistance program? Explain. (2.5%)

A typhoon destroyed the houses of many of the inhabitants of X Municipality. Thereafter, X Municipality operated a shelter assistance program whereby construction materials were provided to the calamity victims, and the beneficiaries provided the labor. The construction was partially done when the beneficiaries stopped helping with the construction for the reason that they needed to earn income to provide food for their families. When informed of the situation, Mayor Maawain approved the withdrawal of ten boxes of food from X Municipality's feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on X Municipality's annual budget. A) What crime did Mayor Maawain commit? Explain. (2.5%)

Senator Adamos was convicted of plunder. About one year after beginning to serve his sentence, the President of the Philippines granted him absolute pardon. The signed pardon states: "In view hereof, and in pursuance of the authority vested upon me by the Constitution, I hereby grant absolute pardon unto Adamos, who was convicted of plunder in Criminal Case No. XV32 and upon whom the penalty of reclusion perpetua was imposed." He now comes to you for advice. He wants to know if he could run for senator in the next election. b) Assuming that what Adamos committed was heading a rebellion for which he was imposed the same penalty of reclusion perpetua, and what he received was amnesty from the government, will your answer be the same? Explain. (2.5%)

Dion and Talia were spouses. Dion always came home drunk since he lost his job a couple of months ago. Talia had gotten used to the verbal abuse from Dion. One night, in addition to the usual verbal abuse, Dion beat up Talia. The next morning, Dion saw the injury that he had inflicted upon Talia and promised her that he would stop drinking and never beat her again. However, Dion did not make good on his promise. Just after one week, he started drinking again. Talia once more endured the usual verbal abuse. Afraid that he might beat her up again, Talia stabbed Dion with a kitchen knife while he was passed out from imbibing too much alcohol. Talia was charged with the crime of parricide. b) Will your answer be the same, assuming that Talia killed Dion after being beaten up after a second time? Explain. (2.5%)

Dion and Talia were spouses. Dion always came home drunk since he lost his job a couple of months ago. Talia had gotten used to the verbal abuse from Dion. One night, in addition to the usual verbal abuse, Dion beat up Talia. The next morning, Dion saw the injury that he had inflicted upon Talia and promised her that he would stop drinking and never beat her again. However, Dion did not make good on his promise. Just after one week, he started drinking again. Talia once more endured the usual verbal abuse. Afraid that he might beat her up again, Talia stabbed Dion with a kitchen knife while he was passed out from imbibing too much alcohol. Talia was charged with the crime of parricide. a) May Talia invoke the defense of Battered Woman Syndrome to free herself from criminal liability? Explain. (2.5%)

Procopio, a call center agent assigned at a graveyard shift, went home earlier than usual. He proceeded immediately to their bedroom to change his clothes. To his surprise, he found his wife Bionci in bed making love to another woman Magna. Enraged, Procopio grabbed a knife nearby and stabbed Bionci, who died. What crime did Procopio commit, and what circumstance attended the case? Explain. (3%)

The Regional Trial Court (RTC) found Tiburcio guilty of frustrated homicide and sentenced him to an indeterminate penalty of four years and one day of prision correccional as minimum, to eight years of prision mayor as maximum, and ordered him to pay actual damages in the amount of P25,000.00. Tiburcio appealed to the Court of Appeals which sustained his conviction as well as the penalty imposed by the court a quo. After sixty days, the Court of Appeals issued an Entry of Judgment and remanded the records of the case to the RTC. Three days thereafter, Tiburcio died of heart attack. Atty. Abdul, Tiburcio's counsel, filed before the RTC a Manifestation with Motion to Dismiss, informing the court that Tiburcio died already, and claiming that his criminal liability had been extinguished by his demise. b) Assuming that Tiburcio's death occurred before the Court of Appeals rendered its decision, will you give a different answer? Explain. (2.5%)

The Regional Trial Court (RTC) found Tiburcio guilty of frustrated homicide and sentenced him to an indeterminate penalty of four years and one day of prision correccional as minimum, to eight years of prision mayor as maximum, and ordered him to pay actual damages in the amount of P25,000.00. Tiburcio appealed to the Court of Appeals which sustained his conviction as well as the penalty imposed by the court a quo. After sixty days, the Court of Appeals issued an Entry of Judgment and remanded the records of the case to the RTC. Three days thereafter, Tiburcio died of heart attack. Atty. Abdul, Tiburcio's counsel, filed before the RTC a Manifestation with Motion to Dismiss, informing the court that Tiburcio died already, and claiming that his criminal liability had been extinguished by his demise. A) Should the RTC grant the Motion to Dismiss the case? Explain. (2.5%)

Distinguish between ex post facto law and bill of attainder. (3%)

a) How are felonies committed? Explain each. (3%)

Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would become due in one week. He was starting to worry because he still had not raised the amount to pay for his debt. Every day, he had prayed for divine intervention. One night, while returning the taxi to the garage, he found a wallet on the back seat. Inspecting it, he learned that it contained exactly P10,000.00 cash, the amount of his obligation, and IDs. Thinking it was divine intervention, and that his prayers were answered, he took the money and used it to pay his debt. b) Assuming that instead of using the money, Bruno turned over the wallet and its contents to the nearby police station, and it was the chief of police of that station who appropriated the money for his own benefit, what crime was committed by the chief of police? Explain. (2.5%)

Filipino citizens Hector and Wendy were married in New York, and have been living happily in Manila for the last three years. Hector was removing junk from his basement when he came across an unlabeled recordable cd. He put it in his computer's DVD drive to check its contents. To his surprise, he saw a video of Wendy and another man Ariel, in the act of sexual intercourse in the master's bedroom of his house. Angered by what he saw, he filed a complaint for adultery against Wendy and Ariel. During the course of the trial, and again to the surprise of Hector, it was proved that Wendy was born male and underwent sex reassignment later in life. A) May Hector's charge of adultery against Wendy and Ariel prosper? Explain. (3%)

Ando, an Indonesian national who just visited the Philippines, purchased a ticket for a passenger vessel bound for Hong Kong. While on board the vessel, he saw his mortal enemy Iason, also an Indonesian national, seated at the back portion of the cabin and who was busy reading a newspaper. Ando stealthily approached Iason and when he was near him, Ando stabbed and killed Iason. The vessel is registered in Malaysia. The killing happened just a few moments after the vessel left the port of Manila. Operatives from the PNP Maritime Command arrested Ando. Presented for the killing of Iason, Ando contended that he did not incur criminal liability because both he and the victim were Indonesians. He likewise argued that he could not be prosecuted in Manila because the vessel is a Malaysian-registered ship. Discuss the merits of Ando's contentions. (4%)

Erwin and Bea approached Mayor Abral and requested him to solemnize their marriage. Mayor Abral agreed. Erwin and Bea went to Mayor Abral's office on the day of the ceremony, but Mayor Abral was not there. When Erwin and Bea inquired where Mayor Abral was, his chief of staff Donato informed them that the Mayor was campaigning for the coming elections. Donato told them that the Mayor authorized him to solemnize the marriage and that Mayor Abral would just sign the documents when he arrived. Donato thereafter solemnized the marriage and later turned over the documents to Mayor Abral for his signature. In the marriage contract, it was stated that the marriage was solemnized by Mayor Abral. What crime(s) did Mayor Abral and Donato commit? Explain. (4%)

After a heated argument over his philandering, Higino punched on the head his wife Aika, who was six and a half months pregnant. Because of the impact, Aika lost her balance, fell on the floor with her head hitting a hard object. Aika died and the child was expelled prematurely. After thirty-six hours, the child died. b) Assuming that when the incident occurred, Aika was only six months pregnant, and when she died, the fetus inside her womb also died, will your answer be different? Explain. (2.5%)

Senator Adamos was convicted of plunder. About one year after beginning to serve his sentence, the President of the Philippines granted him absolute pardon. The signed pardon states: "In view hereof, and in pursuance of the authority vested upon me by the Constitution, I hereby grant absolute pardon unto Adamos, who was convicted of plunder in Criminal Case No. XV32 and upon whom the penalty of reclusion perpetua was imposed." He now comes to you for advice. He wants to know if he could run for senator in the next election. A) What advice will you give Adamos? Explain. (2.5%)

The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the drug pushing activities of Rado, but could not arrest him for lack of concrete evidence. SPO3 Relio, a PDEA team leader, approached Emilo and requested him to act as poseur-buyer of shabu and transact with Rado. Emilo refused, saying that he had completely been rehabilitated and did not want to have anything to do with drugs anymore. But he was prevailed upon to help when SPO3 Relio explained that only he could help capture Rado because he used to be his customer. SPO3 Relio then gave Emilo the marked money to be used in buying shabu from Rado. The operation proceeded. After Emilo handed the marked money to Rado in exchange for the sachets of shabu weighing 50 grams, and upon receiving the pre-arranged signal from Emilo, SPO3 Relio and his team members barged in and arrested Rado and Emilo, who were both charged with violation of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. b) May Rado adopt as his own Emilo's defense? Explain. (2.5%)

Taylor was convicted of a violation of the Election Code, and was sentenced to suffer imprisonment of one year as minimum, to three years as maximum. The decision of the trial court was affirmed on appeal and became final and executory. Taylor failed to appear when summoned for execution of judgment, prompting the judge to issue an order for his arrest. Taylor was able to use the backdoor and left for the United States. Fifteen years later, Taylor returned to the Philippines and filed a Motion to Quash the warrant of arrest against him, on the ground that the penalty imposed against him had already prescribed. A) If you were the judge, would you grant Taylor's Motion to Quash? Explain. (2.5%)

Senio planned to burn Bal's house. One evening, during a drinking spree at his house, Senio told his friends what he intended to do and even showed them the gasoline in cans that he would use for the purpose. Carlo, a common friend of Senio and Bal, was present at the drinking spree. He was still sober when Senio told them his plans. Before going home, Carlo warned Bal that Senio would burn his house and had already bought gasoline that would be used for the purpose. Bal reported the matter to the police authorities. Meanwhile, Senio went to Bal's house and proceeded to pour gasoline around the walls of the house and it was at that point when he was caught by the police. What crime did Senio commit, if any? Explain. (3%)

Filipino citizens Hector and Wendy were married in New York, and have been living happily in Manila for the last three years. Hector was removing junk from his basement when he came across an unlabeled recordable cd. He put it in his computer's DVD drive to check its contents. To his surprise, he saw a video of Wendy and another man Ariel, in the act of sexual intercourse in the master's bedroom of his house. Angered by what he saw, he filed a complaint for adultery against Wendy and Ariel. During the course of the trial, and again to the surprise of Hector, it was proved that Wendy was born male and underwent sex reassignment later in life. b) What is an impossible crime? Can there be an impossible crime of adultery? (2%)

Charlie was charged for the qualified rape of AAA. The Information alleged that AAA was 14 years old at the time the crime was committed and that Charlie was AAA's stepfather. The presentation of AAA's birth certificate during the trial duly established the following: (1) that AAA was indeed 14 years old at the time of the rape; and (2) that AAA's mother is BBB and her father was the late CCC. BBB and Charlie only became live-in partners after CCC's death. The RTC found Charlie guilty of qualified rape. On appeal, the Court of Appeals convicted Charlie of simple rape. Charlie appealed before the Supreme Court. How will you rule and why? (3%)

Nel learned that Elgar, the owner of the biggest house in the place, would be out of town for three days with no one left to watch the house. He called his friends Ben, Ardo and Gorio and they planned to take the valuables in the house while Elgar was away. Nel and Ben would go inside the house, Ardo would serve as the lookout, while Gorio would stay in the getaway car. When Elgar left, they carried out their plan to the letter. Nel and Ben went inside the house through the backdoor which was left unlocked. None of the rooms and drawers inside were locked. They took the money, jewelry and other valuables therefrom and immediately left using the getaway car. After driving for about one kilometer, Nel realized he left his bag and wallet with IDs in the house and so he instructed Gorio to drive back to the house. Nel just went in thinking that the house was still empty. But to his surprise, Nel found Fermin seated on a bench with Nel's bag and wallet beside him and appeared to be texting using his smart phone. Nel took a golf club near him and hit Fermin with it. Fermin shouted for help, but Nel kept hitting him until he stopped making noise. The noise alerted the neighbor who called the police. Nel, Ben, Ardo and Gorio were caught. Fermin died. What is the criminal liability of Nel, Ben, Ardo and Gorio? Explain. (5%)

b) What is aberratio ictus? (2%)

Taylor was convicted of a violation of the Election Code, and was sentenced to suffer imprisonment of one year as minimum, to three years as maximum. The decision of the trial court was affirmed on appeal and became final and executory. Taylor failed to appear when summoned for execution of judgment, prompting the judge to issue an order for his arrest. Taylor was able to use the backdoor and left for the United States. Fifteen years later, Taylor returned to the Philippines and filed a Motion to Quash the warrant of arrest against him, on the ground that the penalty imposed against him had already prescribed. b) Assuming that instead of the United States, Taylor was able to go to another country with which the Philippines had no extradition treaty, will your answer be the same? Explain. (2.5%)

Procopio, a call center agent assigned at a graveyard shift, went home earlier than usual. He proceeded immediately to their bedroom to change his clothes. To his surprise, he found his wife Bionci in bed making love to another woman Magna. Enraged, Procopio grabbed a knife nearby and stabbed Bionci, who died. b) Assuming that Procopio and Bionci were common-law spouses, will your answer be the same? Explain. (2%)

Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would become due in one week. He was starting to worry because he still had not raised the amount to pay for his debt. Every day, he had prayed for divine intervention. One night, while returning the taxi to the garage, he found a wallet on the back seat. Inspecting it, he learned that it contained exactly P10,000.00 cash, the amount of his obligation, and IDs. Thinking it was divine intervention, and that his prayers were answered, he took the money and used it to pay his debt. A) What crime, if any, did Bruno commit? Explain. (2.5%)

Lito, a minor, was bullied by Brutus, his classmate. Having had enough, Lito got the key to the safe where his father kept his licensed pistol and took the weapon. Knowing that Brutus usually hung out at a nearby abandoned building after class, Lito went ahead and hid while waiting for Brutus. When Lito was convinced that Brutus was alone, he shot Brutus, who died on the spot. Lito then hid the gun in one of the empty containers. At the time of the shooting, Lito was fifteen years and one month old. What is Lito's criminal liability? Explain. (4%)

After a heated argument over his philandering, Higino punched on the head his wife Aika, who was six and a half months pregnant. Because of the impact, Aika lost her balance, fell on the floor with her head hitting a hard object. Aika died and the child was expelled prematurely. After thirty-six hours, the child died. A) What crime(s) did Higino commit? Explain. (2.5%)

Dancio, a member of a drug syndicate, was a detention prisoner in the provincial jail of X Province. Brusco, another member of the syndicate, regularly visited Dancio. Edri, the guard in charge who had been receiving gifts from Brusco every time he visited Dancio, became friendly with him and became relaxed in the inspection of his belongings during his jail visits. In one of Brusco's visits, he was able to smuggle in a pistol which Dancio used to disarm the guards and destroy the padlock of the main gate of the jail, enabling Dancio to escape. What crime(s) did Dancio, Brusco and Edri commit? Explain. (5%)

Mr. Benjie is the owner of a hardware store specializing in the sale of plumbing materials. On February 1, 2014, Mr. Ed, a friend and regular customer of Mr. Benjie, visited the hardware store and purchased several plumbing materials in the total amount of P5 million. Mr. Benjie readily accepted Mr. Ed's payment of three (3) postdated checks in the amount of P1 million Pesos each in view of the assurance of Mr. Ed that the checks will be honored upon presentment for payment. Mr. Benjie, as a consequence, immediately delivered the materials to the house of Mr. Ed. The following day, Mr. Ed went back to Mr. Benjie to tender another two (2) postdated checks in the amount of P1 million each to complete the payment, with the same assurance that the checks will be honored upon presentment for payment. When the checks were presented for payment, all were dishonored for insufficiency of funds and corresponding notices of dishonor were sent and received by Mr. Ed. One month after receipt of the notices of dishonor, Mr. Ed failed to make good the checks. Thereafter, Mr. Benjie filed before the public prosecutor's office a complaint against Mr. Ed, although no demand letter was earlier sent to Mr. Ed. During the preliminary investigation, Mr. Benjie accepted several amounts from Mr. Ed as partial payments. The wife of Mr. Benjie protested and insisted that the complaint should continue despite the partial payments. On the other hand, Mr. Ed counters that no demand letter was earlier sent to him, that the obligation is merely civil in character and that novation took place when Mr. Benjie accepted the partial payments. Discuss the criminal liability, if any, of Mr. Ed. (6%)

Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti fancied. One day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet) to ask for poison on the pretext that he was going to kill a sick pet, when actually Puti was intending to poison Pula. The Vet instantly gave Puti a non-toxic solution which, when mixed with Pula's food, did not kill Pula. (4%) (B) Would your answer be the same if, as a result of the mixture, Pula got an upset stomach and had to be hospitalized for 10 days?

Manolo, an avid art collector, was invited to Tonio's house. There, Manolo noticed a nice painting that exactly looked like the painting which he reported was stolen from him some years back. Manolo confronted Tonio about the painting, but Tonio denied any knowledge, claiming that he bought the painting legitimately from a friend. Manolo later proved to Tonio that the painting was indeed the stolen painting. (4%) (A) What crime/s, if any, may Tonio be charged with?

Manolo, an avid art collector, was invited to Tonio's house. There, Manolo noticed a nice painting that exactly looked like the painting which he reported was stolen from him some years back. Manolo confronted Tonio about the painting, but Tonio denied any knowledge, claiming that he bought the painting legitimately from a friend. Manolo later proved to Tonio that the painting was indeed the stolen painting. (4%) (B) Manolo decided to take matters into his own hands and, one night, broke into Tonio's house by destroying the wall and taking the painting. What, if any, would be the liability of Manolo?

Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court that he would convince the judge to acquit him for a consideration of P5 million. The accused agreed and delivered the money, through his lawyer, to the clerk of court. The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the accused. (4%) (B) Malo was charged with estafa under Article 315 because he misrepresented that he had influence, when he actually had none. Is the charge correct?

Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti fancied. One day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet) to ask for poison on the pretext that he was going to kill a sick pet, when actually Puti was intending to poison Pula. The Vet instantly gave Puti a non-toxic solution which, when mixed with Pula's food, did not kill Pula. (4%) (A) What crime, if any, did Puti commit?

Filthy, a very rich businessman, convinced Loko, a clerk of court, to issue an order of release for Takas, Filthy's cousin, who was in jail for a drug charge. After receiving P500,000.00, Loko forged the signature of the judge on the order of release and accompanied Filthy to the detention center. At the jail, Loko gave the guard P10,000.00 to open the gate and let Takas out. What crime or crimes did Filthy, Loko, and the guard commit? (4%)

Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court that he would convince the judge to acquit him for a consideration of P5 million. The accused agreed and delivered the money, through his lawyer, to the clerk of court. The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the accused. (4%) (A) Malo was charged with violation of Section 3(b), Republic Act (R.A.) No. 3019, which prohibits a public officer from directly or indirectly requesting or receiving any gift, present, share, percentage or benefit wherein the public officer, in his official capacity, has to intervene under the law. He was later charged also with indirect bribery under the Revised Penal Code. Malo claims he can no longer be charged under the Revised Penal Code for the same act under R.A. 3019. Is he correct?

During trial for theft in 2014, the prosecution managed to show that accused AA has also been convicted by final judgment for robbery in 2003, but she eluded capture. A subsequent verification showed that AA had several convictions, to wit: (1) In 1998, she was convicted of estafa; (2) In 2002, she was convicted of theft; (3) In 2004, she was convicted of frustrated homicide. The judge trying the theft case in 2014 is about to convict AA. What circumstances affecting the liability or penalty may the judge appreciate against AA? (4%)

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs, for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetua to death. Under R.A. 9344, a minor offender is entitled to a privileged mitigating circumstance. (8%) (C) If the penalty imposed is more than six (6) years and a notice of appeal was filed by A and given due course by the court, may A still file an application for probation?

Pierce is a French diplomat stationed in the Philippines. While on EDSA and driving with an expired license, he hit a pedestrian who was crossing illegally. The pedestrian died. Pierce was charged with reckless imprudence resulting in homicide. In his defense, he claimed diplomatic immunity. Is Pierce correct? (3%)

A was bitten by a dog owned by a neighbor. The following day, angered by the incident, A took the dog without the knowledge of the owner, had it butchered and cooked the meat. He then invited his friends to partake of the dish, his friends knowing fully well that the dog was taken without the knowledge of the owner. What are the friends of A liable for? (A) Theft (B) Malicious mischief (C) Accessories (D) Obstruction of Justice

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs, for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetua to death. Under R.A. 9344, a minor offender is entitled to a privileged mitigating circumstance. (8%) (D) If probation is not allowed by the court, how will A serve his sentence?

Mr. Red was drinking with his buddies, Mr. White and Mr. Blue, when he saw Mr. Green with his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud voice that if he could not have Ms. Yellow, no one can. He then proceeded to the men's room but told Mr. White and Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White asked Mr. Red what he meant but Mr. Red simply said, "You already know what I want," and then left. Mr. Blue and Mr. White proceeded to kill Mr. Green and hurt Ms. Yellow. (4%) (A) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the death of Mr. Green?

A, in a public place, fired his gun at B with the intention of killing B, but the gun did not fire because the bullet is a dud. The crime is: (A) attempted homicide (B) grave threat (C) impossible crime (D) alarm and scandal

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs, for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetua to death. Under R.A. 9344, a minor offender is entitled to a privileged mitigating circumstance. (8%) (A) May the privileged mitigating circumstance of minority be appreciated considering that the penalty imposed by law is life imprisonment and fine?

Which of the following is not a qualifying aggravating circumstance? (A) treachery (B) evident premeditation (C) dwelling (D) cruelty

Which of the following is not a privileged mitigating circumstance? (A) 17-year-old offender (B) 14-year-old offender (C) incomplete self-defense (D) incomplete defense of a relative

A was caught peeping through a small hole in the bathroom door while a young 16-year-old lady was taking a bath. A is liable for: (A) Violation of R.A. 9262 or Violence Against Women and their Children (B) Violation of R.A. 7610 — Child Abuse Law (C) Light coercion (D) Acts of lasciviousness

Mr. Gray opened a savings account with Bank A with an initial deposit of P50,000.00. A few days later, he deposited a check for P200,000.00 drawn from Bank B and endorsed by Mr. White. Ten days later, Mr. Gray withdrew the P200,000.00 from his account. Mr. White later complained to Bank B when the amount of P200,000.00 was later debited to his account, as he did not issue the check and his signature thereon was forged. Mr. Gray subsequently deposited another check signed by Mr. White for P200,000.00, which amount he later withdrew. Upon receiving the amount, Mr. Gray was arrested by agents of the National Bureau of Investigation (NBI). Mr. Gray was convicted of estafa and attempted estafa, both through the use of commercial documents. (4%) (A) Mr. Gray claims as defense that, except for Mr. White's claim of forgery, there was no evidence showing that he was the author of the forgery and Mr. White did not suffer any injuries as to the second check (attempted estafa). Rule on the defense of Mr. Gray.

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or Illegal Possession of Dangerous Drugs, for which the imposable penalty is life imprisonment and a fine. Section 98 of the same law provides that if the penalty imposed is life imprisonment to death on minor offenders, the penalty shall be reclusion perpetua to death. Under R.A. 9344, a minor offender is entitled to a privileged mitigating circumstance. (8%) (B) Is the Indeterminate Sentence Law applicable considering that life imprisonment has no fixed duration and the Dangerous Drugs Law is malum prohibitum?

Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her parents to drive her to and from school every day. Enrique wrote a ransom note demanding that Carla's parents pay him P500,000.00 ransom in exchange for her liberty. However, before the ransom note could be received by Carla's parents, Enrique's hideout was discovered by the police. Carla was rescued while Enrique was arrested. The prosecutor considered that the ransom note was never received by Carla's parents and filed a case of "Impossible crime to commit kidnapping" against Enrique. Is the prosecutor correct? If he is not correct, can he instead file a case of grave coercion? (4%)

Mr. Red was drinking with his buddies, Mr. White and Mr. Blue, when he saw Mr. Green with his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud voice that if he could not have Ms. Yellow, no one can. He then proceeded to the men's room but told Mr. White and Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White asked Mr. Red what he meant but Mr. Red simply said, "You already know what I want," and then left. Mr. Blue and Mr. White proceeded to kill Mr. Green and hurt Ms. Yellow. (4%) (B) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the injuries of Ms. Yellow?

Clepto went alone to a high-end busy shop and decided to take one of the smaller purses without paying for it. Overcome by conscience, she decided to leave her own purse in place of the one she took. Her act was discovered and Clepto was charged with theft. She claimed that there was no theft, as the store suffered no injury or prejudice because she had left a purse in place of the one she took. Comment on her defense. (3%)

Sexy boarded a taxi on her way home from a party. Because she was already tipsy, she fell asleep. Pogi, the taxi driver, decided to take advantage of the situation and drove Sexy to a deserted place where he raped her for a period of two (2) weeks. What crime did Pogi commit? (4%)

Loko advertised on the internet that he was looking for commercial models for a TV advertisement. Ganda, a 16-year-old beauty, applied for the project. Loko offered her a contract, which Ganda signed. She was asked to report to an address which turned out to be a high-end brothel. Ganda became one of its most featured attractions. What is Loko's liability, if any? What effect would Ganda's minority have on Loko's liability? (4%)

A, B, and C agreed to rob the house of Mr. D at 10 o'clock in the evening, with C as the driver of the tricycle which they would use in going to and leaving the house of Mr. D, and A and B as the ones who would enter the house to get the valuables of Mr. D. As planned, C parked the tricycle in a dark place, while A and B entered the house thru an open door. Once inside, A entered the master's bedroom and started getting all the valuables he could see, while B entered another room. While inside the room, B saw a male person and immediately B brought out his gun but he accidentally pulled its trigger. The bullet went through the window, hitting a neighbor that killed him. Neighbors were then awakened by the gunfire and policemen were alerted. Not long after, policemen arrived. A and B panicked and got hold of a young boy and shouted to the policemen who were already outside of the house that they would harm the boy if the policemen did not disperse. A and B demanded that they should be allowed to use a vehicle to bring them to a certain place and that would be the time that they would release the young boy. The policemen acceded. In the meantime, C was arrested by the policemen while he was about to flee, while A and B, after releasing the young boy, were arrested. What crime/s did A, B, and C commit, and what modifying circumstances attended the commission of the crime/s? (6%)

Pretty was a campus beauty queen who, because of her looks and charms, attracted many suitors. Having decided that she would become a nun, Pretty turned down all her suitors. Guapo, one of her most persistent suitors, could not handle rejection and one night decided to accost Pretty as she walked home. Together with Pogi, Guapo forced Pretty into his car and drove her to an abandoned warehouse where he and Pogi forced Pretty to dance for them. Later, the two took turns in raping her. After satisfying their lusts, Guapo and Pogi dropped her off at her house. (4%) (B) Pretty, after the ordeal, decided to take her own life by hanging herself one hour after the rape. Would Guapo and Pogi be liable for Pretty's death? Explain.

Pretty was a campus beauty queen who, because of her looks and charms, attracted many suitors. Having decided that she would become a nun, Pretty turned down all her suitors. Guapo, one of her most persistent suitors, could not handle rejection and one night decided to accost Pretty as she walked home. Together with Pogi, Guapo forced Pretty into his car and drove her to an abandoned warehouse where he and Pogi forced Pretty to dance for them. Later, the two took turns in raping her. After satisfying their lusts, Guapo and Pogi dropped her off at her house. (4%) (A) What crime or crimes did Guapo and Pogi commit?

Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense again for a person to join the Communist Party of the Philippines. Reporma, a former high-ranking member of the Communist Party, was charged under the new law for his membership in the Communist Party when he was a student in the 80's. He now challenges the charge against him. What objections may he raise? (3%)

Madam X, a bank teller, received from depositor Madam Y a check payable to cash in the amount of P1 million, to be deposited to the account of Madam Y. Because the check was not a crossed check, Madam X credited the amount to the account of her good friend, Madam W, by accomplishing a deposit slip. Seven (7) days after, Madam X contacted her good friend, Madam W and told her that the amount of P1 million was wrongfully credited to Madam W, thus, Madam X urged Madam W to withdraw the amount of P1 million from her account and to turn over the same to Madam X. As a dutiful friend, Madam W readily acceded. She was gifted by Madam X with an expensive Hermes bag after the withdrawal of the amount. What crime/s, if any, did Madam X and Madam W commit? Explain. (5%)

City Engr. A is the city engineer and the Chairman of the Bids and Awards Committee (BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance, allotted the amount of P100 million for the construction of a road leading to the poblacion. City Engr. A instead diverted the construction of the road leading to his farm. Investigation further showed that he accepted money in the amount of P10 million each from three (3) contending bidders, who eventually lost in the bidding. Audit report likewise showed that service vehicles valued at P2 million could not be accounted for although reports showed that these were lent to City Engr. A's authorized drivers but the same were never returned. Further, there were funds under City Engr. A's custody amounting to P10 million which were found to be missing and could not be accounted for. In another project, he was instrumental in awarding a contract for the construction of a city school building costing P10 million to a close relative, although the lowest bid was P8 million. Investigation also revealed that City Engr. A has a net worth of more than P50 million, which was way beyond his legitimate income. (8%) (B) Suppose the discovered net worth of City Engr. A is less than P50 million, will your answer still be the same?

City Engr. A is the city engineer and the Chairman of the Bids and Awards Committee (BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance, allotted the amount of P100 million for the construction of a road leading to the poblacion. City Engr. A instead diverted the construction of the road leading to his farm. Investigation further showed that he accepted money in the amount of P10 million each from three (3) contending bidders, who eventually lost in the bidding. Audit report likewise showed that service vehicles valued at P2 million could not be accounted for although reports showed that these were lent to City Engr. A's authorized drivers but the same were never returned. Further, there were funds under City Engr. A's custody amounting to P10 million which were found to be missing and could not be accounted for. In another project, he was instrumental in awarding a contract for the construction of a city school building costing P10 million to a close relative, although the lowest bid was P8 million. Investigation also revealed that City Engr. A has a net worth of more than P50 million, which was way beyond his legitimate income. (8%) (A) If you are the Ombudsman, what charge or charges will you file against City Engr. A?

Macho married Ganda, a transgender. Macho was not then aware that Ganda was a transgender. On their first night, after their marriage, Macho discovered that Ganda was a transgender. Macho confronted Ganda and a heated argument ensued. In the course of the heated argument, a fight took place wherein Ganda got hold of a knife to stab Macho. Macho ran away from the stabbing thrusts and got his gun which he pointed at Ganda just to frighten and stop Ganda from continuing with the attack. Macho had no intention at all to kill Ganda. Unfamiliar with guns, Macho accidentally pulled the trigger and hit Ganda that caused the latter's death. What was the crime committed? (4%)

Ms. A had been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless and a drunkard, preferring to stay with his "barkadas" until the wee hours of the morning. Ms. A was the breadwinner and attended to the needs of their three (3) growing children. Many times, when Mr. B was drunk, he would beat Ms. A and their three (3) children, and shout invectives against them. In fact, in one of the beating incidents, Ms. A suffered a deep stab wound on her tummy that required a prolonged stay in the hospital. Due to the beatings and verbal abuses committed against her, she consulted a psychologist several times, as she was slowly beginning to lose her mind. One night, when Mr. B arrived dead drunk, he suddenly stabbed Ms. A several times while shouting invectives against her. Defending herself from the attack, Ms. A grappled for the possession of a knife and she succeeded. She then stabbed Mr. B several times which caused his instantaneous death. Medico-Legal Report showed that the husband suffered three (3) stab wounds. Can Ms. A validly put up a defense? Explain. (5%)

Andres was convicted of frustrated homicide and was sentenced to 6 years and 1 day as minimum, to 8 years of prision mayor as maximum. Andres appealed his conviction to the Court of Appeals, which convicted him of attempted homicide, and sentenced him to 6 months of arresto mayor as minimum, to 4 years of prision correccional as maximum. Instead of appealing his conviction, Andres filed an application for probation with the Regional Trial Court. Is Andres qualified to avail of the benefits of the probation law? (A) No, because when he filed a notice of appeal with the Court of Appeals, he waived his right under the probation law. (B) Yes, because after his appeal, he qualified for probation as the sentence imposed on him was less than 6 years. (C) Yes, because the probation law is meant to favor the accused. (D) No, because his previous sentence of more than 6 years disqualified him so that he can no longer avail of probation as an alternative remedy. (E) None of the above.

Miss Reyes, a lady professor, caught Mariano, one of her students, cheating during an examination. Aside from calling Mariano's attention, she confiscated his examination booklet and sent him out of the room, causing Mariano extreme embarrassment. In class the following day, Mariano approached Miss Reyes and without any warning, slapped her on the face. Mariano would have inflicted grave injuries on Miss Reyes had not Dencio, another student, intervened. Mariano then turned his ire on Dencio and punched him repeatedly, causing him injuries. What crime or crimes, if any, did Mariano commit? (7%)

During a military uprising aimed at ousting the duly constituted authorities and taking over the government, General Tejero and his men forcibly took over the entire Rich Hotel which they used as their base. They used the rooms and other facilities of the hotel, ate all the available food they found, and detained some hotel guests. What crime did General Tejero and his men commit? (A) Rebellion complexed with serious illegal detention and estafa. (B) Rebellion. (C) Coup d'etat. (D) Terrorism. (E) None of the above.

George, the 20-year old son of a rich politician, was arrested at the NAIA arrival lounge and found positive for opium, a dangerous drug. When arrested, 15 grams of cocaine were found in his backpack. What offense would you charge George under R.A. No. 9165 (Comprehensive Dangerous Drugs Act)? (A) Use of dangerous drug. (B) Use and possession of dangerous drugs. (C) Possession of dangerous drugs. (D) Importation of dangerous drugs. (E) None of the above.

Judge Talim, upon complaint and application of the realty corporation Batmanson, Inc., issued a writ of preliminary injunction against Darjeeling Ventures, Inc., a competitor of Batmanson, Inc., without notice and hearing. If you were counsel for Darjeeling Ventures, Inc., what criminal charge should you file against Judge Talim? (A) Rendering a manifestly unjust judgment. (B) Knowingly rendering an unjust interlocutory order. (C) Causing undue injury through manifest partiality under R.A. No. 3019. (D) Bribery. (E) None of the above.

From an extension line, Ricardo overheard a telephone conversation between Julito and Atty. Hipolito. The latter (Atty. Hipolito) was asking money from Julito in exchange for dropping the extortion charge filed against Julito. Ricardo was charged of violating the Anti-Wire Tapping Act or R.A. 4200. Under these facts, was there a violation as charged? (A) Yes, because the conversation was private in nature. (B) Yes, because the conversation was overheard without the consent of the parties, Julito and Atty. Hipolito. (C) No, because what is punishable is intentional listening to a conversation through a wire. (D) No, because a telephone extension line is not the device or arrangement contemplated by the law and the use of an extension line cannot be considered as wire-tapping. (E) None of the above.

Using his charms because of his movie star looks, Phil, in a movie date with Lyn, a 19-year old colegiala, kissed her on the cheek and stroked her pubic hair. Lyn shouted for help and Phil was arrested. Phil is liable for ___. (A) rape by sexual assault for using his fingers (B) violation of the Anti-Child Abuse Law for lascivious conduct (C) unjust vexation (D) acts of lasciviousness (E) None of the above.

On June 1, 2011, Efren bought a used top-of-the-line Mercedes Benz for P7.5 Million from Switik Trading. On the same day, he paid P2,500,000 in cash and issued Switik Trading a check for P5,000,000 dated July 31, 2011. He then brought the car to a friend's house and hid it in an underground garage. The check Efren issued was dishonored for insufficiency of funds when presented for payment on due date. Efren was asked to honor and pay the check or to return the car, but he refused. What crime/s did Efren commit? (A) Carnapping. (B) Estafa and carnapping. (C) A violation of BP Blg. 22. (D) Estafa and a violation of BP Blg. 22. (E) None of the above.

After drinking a bottle of Jack Daniels, Jonjon drove his BMW sports car at high speed, rammed into a group of crossing pedestrians, and hit a traffic light post. The incident caused the death of one (1) pedestrian, serious injuries to three (3) others, and the destruction of the traffic light post. If you were the prosecutor, what would you charge Jonjon? (A) Homicide with serious physical injuries through simple negligence. (B) Damage to property, serious physical injuries and homicide through reckless negligence. (C) Simple negligence resulting in damage to property, serious physical injuries and homicide. (D) Reckless imprudence resulting in homicide, serious physical injuries and damage to property.

Amelia, a famous actress, bought the penthouse unit of a posh condominium building in Taguig City. Every night, Amelia would swim naked in the private, but open air, pool of her penthouse unit. It must have been obvious to Amelia that she could be seen from nearby buildings. In fact, some residents occupying the higher floors of the nearby residential buildings did indeed entertain themselves and their friends by watching her swim in the nude from their windows. What crime did Amelia commit? (A) Alarms and scandals because her act of swimming naked disturbs the public tranquility. (B) Grave scandal because she committed highly scandalous acts that are offensive to decency or good customs. (C) Immoral doctrines, obscene publications and exhibitions, and indecent shows under Article 201 of the Revised Penal Code, because her act of swimming naked is akin to an indecent live show. (D) Amelia did not commit any crime because the swimming pool is located in her private home.

Out of spite and simply intending to put Gina to shame for breaking off with him, Ritchie emptied a gallon of motor oil on the school's stairway where Gina usually passed. Gina, unaware of what Ritchie did, used the slippery stairway and slipped, hitting her head on the stairs. Gina died from brain hemorrhage. What crime did Ritchie commit? (A) Murder. (B) Reckless imprudence resulting in homicide. (C) Homicide. (D) Impossible crime of homicide. (E) None.

Anthony drew a promissory note and asked his terminally-ill and dying business partner Ben to sign it. The promissory note bound Ben to pay Anthony One Million Pesos (P1,000,000) plus 12% interest, on or before June 30, 2011. If Ben died before the promissory note's due date and Anthony still collected P1,000,000 with interest from Ben's estate, what crime/s did Anthony commit? (A) Falsification of a public document. (B) Falsification of a private document and estafa. (C) Estafa. (D) Estafa thru falsification of a private document. (E) None of the above.

Luis was sentenced to prision mayor and to pay a fine of P50,000, with subsidiary imprisonment in case of insolvency. Is the sentence correct? (A) Yes, because Luis has no property to pay for the fine, so he must suffer the equivalent imprisonment provided by law in lieu of fine. (B) No, because subsidiary imprisonment is applicable only when the penalty imposed is prision correccional or below. (C) Yes, because the sentence says so. (D) No, because the subsidiary imprisonment is applicable only when the penalty imposed is limited to a fine. (E) None of the above.

Compelling the pilot of an aircraft of Philippine Registry to change its destination is ___. (A) grave coercion (B) a violation of the Anti-Hijacking Law or R.A. No. 6235 (C) grave threats (D) a violation of the Human Security Act of 2007 or the Anti-Terrorism Law (E) All of the above.

Choose the correct circumstance when a woman may be held liable for rape: (A) With the use of force or intimidation. (B) When the rape is committed by two or more persons. (C) When the offender uses an instrument and inserts it in the mouth of the victim. (D) When she befriends and puts a sleeping pill in the victim's drink to enable her husband to have intercourse with the victim.

Subsidiary liability may be imposed on the following, except ___. (A) innkeepers, in relation to the crime committed in their establishment (B) employers engaged in industry, for the crime committed by their employees (C) parents of minors who act with discernment in committing crimes (D) hospital administrators or owners, for crimes committed by their hospital nurses

Roman and Wendy are neighbors. On Valentine's Day, without prior notice, Roman visited Wendy at her condo to invite her to dinner, but Wendy turned him down and abruptly left, leaving her condo door unlocked. Roman attempted to follow, but appeared to have second thoughts; he simply went back to Wendy's condo, let himself in, and waited for her return. On Wendy's arrival later that evening, Roman grabbed her from behind and, with a knife in hand, forced her to undress. Wendy had no choice but to comply. Roman then tied Wendy's hands to her bed and sexually assaulted her five (5) times that night. Roman was charged with, and was convicted of, five (5) counts of rape, but the judge did not impose the penalty of reclusion perpetua for each count. Instead, the judge sentenced Roman to 40 years of imprisonment on the basis of the three-fold rule. Was the judge correct? (7%)

Michael was 17 years old when he was charged for violation of Sec. 5 of R.A. 9165 (illegal sale of prohibited drug). By the time he was convicted and sentenced, he was already 21 years old. The court sentenced him to suffer an indeterminate penalty of imprisonment of six (6) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and a fine of P500,000. Michael applied for probation but his application was denied because the probation law does not apply to drug offenders under R.A. 9165. Michael then sought the suspension of his sentence under R.A. 9344 or the Juvenile Justice and Welfare Act. Can Michael avail of the suspension of his sentence provided under this law? (7%)

Modesto and Abelardo are brothers. Sometime in August 1998, while Abelardo was in his office, Modesto, together with two other men in police uniform, came with two heavy bags. Modesto asked Abelardo to keep the two bags in his vault until he comes back to get them. When Abelardo later examined the two bags, he saw bundles of money that, in his rough count, could not be less than P5 Million. He kept the money inside the vault and soon he heard the news that a gang that included Modesto had been engaged in bank robberies. Abelardo, unsure of what to do under the circumstances, kept quiet about the two bags in his vault. Soon after, the police captured, and secured a confession from, Modesto who admitted that their loot had been deposited with Abelardo. What is Abelardo's liability? (7%)

While walking alone on her way home from a party, Mildred was seized at gun point by Felipe and taken on board a tricycle to a house some distance away. Felipe was with Julio, Roldan, and Lucio, who drove the tricycle. At the house, Felipe, Julio, and Roldan succeeded in having sexual intercourse with Mildred against her will and under the threat of Felipe's gun. Lucio was not around when the sexual assaults took place as he left after bringing his colleagues and Mildred to their destination, but he returned everyday to bring food and the news in town about Mildred's disappearance. For five days, Felipe, Julio and Roldan kept Mildred in the house and took turns in sexually assaulting her. On the 6th day, Mildred managed to escape; she proceeded immediately to the nearest police station and narrated her ordeal. What crime/s did Felipe, Julio, Roldan, and Lucio commit and what was their degree of participation? (7%)

In her weekly gossip column in a tabloid, Gigi wrote an unflattering article about Pablo, a famous singer, and his bitter separation from his wife. The article portrayed Pablo as an abusive husband and caused him to lose lucrative endorsement contracts. Pablo charged Gigi with libel. In her defense, Gigi countered that she did not commit libel because Pablo has attained the status of a public figure so that even his personal life has become a legitimate subject of public interest and comment. Is Gigi correct? (7%)

Frank borrowed P1,000,000 from his brother Eric. To pay the loan, Frank issued a post-dated check to be presented for payment a month after the transaction. Two days before maturity, Frank called Eric telling him he had insufficient funds and requested that the deposit of the check be deferred. Nevertheless, Eric deposited the check and it was dishonored. When Frank failed to pay despite demand, Eric filed a complaint against him for violation of Batas Pambansa Blg. 22 (The Bouncing Checks Law). Was the charge brought against Frank correct? (7%)

Who among the following accused is entitled to a privileged mitigating circumstance that would lower the imposable penalty by one degree? (A) A minor above 15 years old and below 18 years old who acted with discernment. (B) One who, in fulfillment of his duty to carry out the warrant of arrest of a fugitive, shot the fugitive to death without ascertaining his identity. (C) One who defended himself against an unlawful aggression but used unreasonable means and gave provocation. (D) All of the above.

Assume that you are a member of the legal staff of Senator Salcedo who wants to file a bill about imprisonment at the National Penitentiary in Muntinlupa. He wants to make the State prison a revenue earner for the country through a law providing for premium accommodations for prisoners (other than those under maximum security status) whose wives are allowed conjugal weekend visits, and for those who want long-term premium accommodations. For conjugal weekenders, he plans to rent out rooms with hotel-like amenities at rates equivalent to those charged by 4-star hotels; for long-term occupants, he is prepared to offer room and board with special meals in air conditioned single-occupancy rooms, at rates equivalent to those charged by 3-star hotels. What advice will you give the Senator from the point of view of criminal law, taking into account the purpose of imprisonment (7%) and considerations of ethics and morality (3%)?

William is the son-in-law of Mercedes who owns several pieces of real property. In 1994, William's wife, Anita, died. In 1996, William caused the preparation of a Special Power of Attorney (SPA) giving him the authority to sell two (2) parcels of land registered in the name of Mercedes. The signature of Mercedes in the SPA was forged and, through this forged SPA and without the consent and knowledge of Mercedes, William succeeded in selling the two (2) parcels for Php 2,000,000. He pocketed the proceeds of the sale. Mercedes eventually discovered William's misdeeds and filed a criminal complaint. William was subsequently charged with estafa through falsification of public document. Was the criminal charge proper? (7%)

Passion or obfuscation may be appreciated ___ (A) if it arises from jealousy in an amorous relationship between a married man and a single woman (B) if it arises from jealousy of a man who has been living-in with the woman for the past 20 years (C) if it arises from jealousy with immoral, lustful and vindictive sentiments of the offender against the victim (D) in none of the above situations

In his Answer to a complaint, Atty. Jose (counsel for the defendant) stated that Atty. Agrada (counsel for the plaintiff) is "bobo, inutile, good for nothing, stupid, and a menace to clients." Can Atty. Jose be held criminally liable for libel? (A) No, because an Answer to a complaint is a court pleading where communications made are privileged; the writer cannot be held liable for libel. (B) Yes, because the statement casts aspersion on the character, integrity and reputation of Atty. Agrada as a lawyer and exposed him to public ridicule. (C) Yes, although a court pleading is a privileged communication, malicious statements that are irrelevant and impertinent to the issue in the pleading may be libelous. (D) Yes, there was a malicious intent to ridicule Atty. Agrada as a lawyer. (E) No, because the statement is in a pleading, but Atty. Jose can be charged administratively for misconduct before the Supreme Court.

Choose from the list below the correct principle in considering "motive". (A) If the evidence is merely circumstantial, proof of motive is essential. (B) Generally, proof of motive is not necessary to pin a crime on the accused if the commission of the crime has been proven and the evidence of identification is convincing. (C) Motive is important to ascertain the truth between two antagonistic theories. (D) Motive is relevant if the identity of the accused is uncertain. (E) All of the above are correct.

Roberto bought a Toyota Fortuner from Inigo for P500,000. While driving his newly-bought car, Roberto met a minor accident that made the examination of his vehicle's Registration Certificate necessary. When the policeman checked the plate, chassis and motor numbers of the vehicle against those reflected in the Registration Certificate, he found the chassis and motor numbers to be different from what the Registration Certificate stated. The Deed of Sale covering the sale of the Fortuner, signed by Inigo, also bore the same chassis and motor numbers as Roberto's Registration Certificate. The chassis and motor numbers on the Fortuner were found, upon verification with the Land Transportation Office, to correspond to a vehicle previously reported as carnapped. Roberto claimed that he was in good faith; Inigo sold him a carnapped vehicle and he did not know that he was buying a carnapped vehicle. If you were the prosecutor, would you or would you not charge Roberto with a crime? (7%)

Bruno was charged with homicide for killing the 75-year old owner of his rooming house. The prosecution proved that Bruno stabbed the owner causing his death; and that the killing happened at 10 in the evening in the house where the victim and Bruno lived. Bruno, on the other hand, successfully proved that he voluntarily surrendered to the authorities; that he pleaded guilty to the crime charged; that it was the victim who first attacked and did so without any provocation on his (Bruno's) part, but he prevailed because he managed to draw his knife with which he stabbed the victim. The penalty for homicide is reclusion temporal. Assuming a judgment of conviction and after considering the attendant circumstances, what penalty should the judge impose? (7%)

Conspiracy to commit a felony is punishable only in cases where the law specifically provides a penalty. Which of the following combinations contain specific felonies under the Revised Penal Code? (A) Conspiracy to commit treason, conspiracy to commit rebellion, conspiracy to commit coup d'etat, conspiracy to commit misprision of treason. (B) Conspiracy to commit rebellion, conspiracy to commit coup d'etat, conspiracy to commit treason, conspiracy to commit sedition. (C) Conspiracy to commit rebellion or insurrection, conspiracy to commit sedition, conspiracy to commit illegal assemblies, conspiracy to commit treason. (D) Conspiracy to commit treason, conspiracy to commit sedition, conspiracy to commit terrorism. (E) None of the above.

If Rod killed Irene, his illegitimate daughter, after taking her diamond earrings and forcing her to have sex with him, what crime/s should Rod be charged with? (A) Robbery and rape with parricide. (B) Robbery, rape and parricide. (C) Rape with homicide and theft. (D) Rape with homicide. (E) None of the above.

The acquittal of an accused shall bar the civil action arising from the crime where the judgment of acquittal holds that ___. (A) the acquittal is based on reasonable doubt (B) the liability of the accused is not criminal but civil in nature (C) the civil liability does not arise from or is not based on the criminal act for which the accused has been acquitted (D) the accused did not commit the act imputed to him

Santos was sentenced to suffer imprisonment in three separate judgments: 6 months and 1 day to 4 years for attempted homicide; 6 years and 1 day to 8 years for frustrated homicide; and 6 years and 1 day to 20 years for homicide. After his 20th year in the National Penitentiary, Santos filed a petition for habeas corpus claiming that he had fully served his sentence of 20 years and should therefore be immediately released from imprisonment. Was Santos correct? (A) Yes, because he served his sentences simultaneously so that his 20 years of incarceration was sufficient. (B) No, because multiple sentences are served successively not simultaneously. (C) No, only penalties other than imprisonment can be served simultaneously. (D) Yes, because after he has served the minimum of his penalties, he can now be released.

The death of the accused extinguishes his criminal liability but civil liability is not extinguished ___ (A) when the death of the accused occurred before conviction (B) when the death of the accused occurred after conviction and after he has perfected his appeal from conviction (C) when the death of the accused occurred during the pendency of his appeal (D) when the death of the accused occurred after final judgment (E) None of the above.

Juancho owns a small piggery in Malolos, Bulacan. One Saturday afternoon, he discovered that all his pigs had died. Suspecting that one of his neighbours had poisoned the pigs, Juancho went home, took his rifle, went around the neighbourhood, and fired his rifle in the air while shouting, "makaka-tikim sa akin ang naglason ng mga baboy ko." Barangay officials requested police assistance and Juancho was apprehended. Juancho was charged with and convicted of the crime of alarms and scandals. Juancho did not appeal his conviction. Is Juancho qualified for probation? (A) Yes, because the penalty for alarms and scandals is less than six (6) years. (B) Yes, because Juancho did not appeal his conviction. (C) No, because the crime of alarms and scandals carries with it a fine of P200. (D) No, because the crime of alarms and scandals affects public order. (E) None of the above.

Proposal to commit felony is punishable only in cases in which the law specifically provides a penalty therefor. Under which of the following instances. are proponents NOT liable? (A) Proposal to commit coup d'etat. (B) Proposal to commit sedition. (C) Proposal to commit rebellion. (D) Proposal to commit treason.

Under which of the following circumstances is an accused not liable for the result not intended? (A) Accused is not criminally liable for the result not intended when there is mistake in the identity of the victim. (B) Accused is not criminally liable for the result not intended when there is mistake in the blow. (C) Accused is not criminally liable for the result not intended when the wrongful act is not the proximate cause of the resulting injury. (D) Accused is not criminally liable for the result not intended when there is mistake of tact constituting an involuntary act.

Is the crime of theft committed by a person who, with intent to gain, takes a worthless check belonging to another without the latter's consent? (A) Yes. All the elements of the crime of theft are present: that there be taking of personal properly; that the properly belongs to another; and that the taking be done with intent to gain and without the consent of the owner. (B) No. The taking of the worthless check, which has no value, would not amount to the crime of theft because of the legal impossibility to commit the intended crime. (C) Yes. Theft is committed even if the worthless check would be subsequently dishonored because the taker had intent to gain from the check at the time of the taking. (D) Yes. Theft is committed because the factual impossibility to gain from the check was not known to the taker or beyond his control at the time of taking.

What crime is committed by a person who kills his legitimate brother on the occasion of a public calamity? (A) parricide; (B) homicide; (C) murder; (D) death caused in a tumultuous affray.

A killed M. After the killing, A went to the Barangay Chairman of the place of incident to seek protection against the retaliation of M's relatives. May voluntary surrender be appreciated as a mitigating circumstance in favor of A? (A) Yes. A surrendered to the Barangay Chairman who is a person in authority. (B) Yes. The surrender of A would save the authorities the trouble and expense for his arrest. (C) No. A did not unconditionally submit himself to the authorities in order to acknowledge his participation in the killing or to save the authorities the trouble and expenses necessary for his search ana capture. (D) No. The surrender to the Barangay Chairman is not a surrender to the proper authorities.

A, B and C, all seventeen (17) years of age, waited for nighttime to avoid detection and to facilitate the implementation of their plan to rob G. They entered the room of G through a window. Upon instruction of A, G opened her vault while 8 was poking a knife at her. Acting as lookout, C had already opened the main door of the house when the helper was awakened by the pleading of G to A and B to just take the money from the vault without harming her. When the helper shouted for help upon seeing G with A and B inside the room, 8 stabbed G and ran towards the door, leaving the house with C. A also left the house after taking the money of G from the vault. G was brought to the hospital where she died as a result of the wound inflicted by B. Under the given facts, are A, B and C exempt from criminal liability? If not, what is the proper charge against them or any of them? (A) A, B and C, being under eighteen (18) years of age at the time of the commission of the offense, are exempt from criminal liability and should be merely subjected to intervention program for child in conict with the law. (B) There being no indication of having acted with discernment, A, B and C 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. (C) Considering the given facts which manifest discernment, A, B and C 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) Under the given facts, A, B and C are not exempt from criminal liability because they conspired to commit robbery for which they should be collectively charged as principals, and in addition, B should be separately charged with homicide for the death of G, subject to diversion programs for children over l5 and under 18 who acted with discernment.

When is a crime deemed to have been committed by a band? (A) When armed men, at least four (4) in number. take direct part in the execution of the act constituting the crime. (B) When three (3) armed men act together in the commission of the crime. (C) When there are four (4) armed persons, one of whom is a principal by inducement. (D) When there are four (4) malefactors, one of whom is armed.

What is the criminal liability, if any, of a mayor who, without being authorized by law, compels prostitutes residing in his city to go to, and live in, another place against their will? (A) The mayor is criminally liable for violation of domicile. (B) The mayor is criminally liable for expulsion. (C) The mayor is criminally liable for grave coercion. (D) The mayor incurs no criminal liability because he merely wants to protect the youth against the indecency of the prostitutes.

How is the crime of coup d'etat committed? (A) By rising publicly and taking arms against the Government for the purpose of depriving the Chief Executive of any of his powers or prerogatives. (B) When a person holding public employment undertakes a swift attack, accompanied by strategy or stealth, directed against public utilities or other facilities needed for the exercise and continued possession ot power for the purpose of diminishing state power. (C) When persons rise publicly and tumultuously in order to prevent by force the National Government from freely exercising its function. (D) When persons circulate scurrilous libels against the Government which tend to instigate others to meet together or to stir up the people against the lawful authorities.

What is the proper charge against public officers or employees who, being in conspiracy with the rebels, failed to resist a rebellion by all means in their power, or shall continue to discharge the duties of their offices under the control of the rebels, or shall accept appointment to office under them? (A) disloyalty of public officers or employees; (B) rebellion; (C) conspiracy to commit rebellion; (D) dereliction of duty.

A child over fifteen (15) years of age acted with discernment in the commission of murder. What is the duty of the court if he is already over eighteen (18) years of age at the time of the determination of his guilt for the offense charged? (A) The court shall pronounce the judgment of conviction. (B) The courl shall place the child under suspended sentence for a specied period or until he reaches twenty-one (21) years of age. (C) The court shall discharge the child for disposion measures. (D) The court shall place the child on probation.

With intent to kill, GGG burned the house where F and D were staying. F and D died as a consequence. What is the proper charge against GGG? (A) GGG should be charged with two (2) counts of murder. (B) GGG should be charged with arson. (C) GGG should be charged with complex crime of arson with double murder. (D) GGG should be charged with complex crime of double murder.

What crime is committed by a public officer who, having control of public funds or property by reason of the duties of his office and for which he is accountable, permits any other person through abandonment to take such public funds or property? (A) The public officer commits malversation. (B) The public officer commits technical malversation. (C) The public officer commits the crime of failure of accountable or responsible officer to render accounts. (D) The public officer commits the crime of failure to make delivery of public funds or property.

With intent to cause damage, AAA deliberately set fire upon the two-storey residential house of his employer, mostly made of wooden materials. The blaze spread and gutted down seven neighboring houses. On the occasion of the fire, six (6) persons sustained burn injuries which were the direct cause of their death. What crime was committed by AAA? (A) AAA committed the complex crime of arson with multiple homicide. (B) AAA committed arson and multiple homicide. (C) AAA committed simple arson. (D) AAA committed arson and multiple murder.

What are the elements of the crime of bigamy?

Assuming the existence of the first marriage when accused contracted the second marriage and the subsequent judicial declaration of nullity of the second marriage on the ground of psychological incapacity, would you render a judgment of conviction or acquittal? Explain your answer.

Is the crime of theft susceptible of commission in the frustrated stage? Explain your answer in relation to what produces the crime of theft in its consummated stage and by way of illustration of the subjective and objective phases of the felony.

Distinguish an accomplice from a conspirator as to their knowledge of the criminal design of the principal, their participation, the penalty to be imposed in relation to the penalty for the principal, and the requisites/elements to be established by the prosecution in order to hold them criminally responsible for their respective roles in the commission of the crime.

Define conspiracy.

Explain and illustrate the stages of execution of the crime of homicide, taking into account the nature of the offense, the essential element of each of the stages of execution and the manner of committing such intentional felony as distinguished from felony committed through reckless imprudence.

A entered the house of B. Once inside the house of B, A took and seized personal property by compulsion from B with the use of violence and force upon things, believing himself to be the owner of the personal property so seized. What is the criminal liability of A? (A) A is criminally liable for robbery with violence because he employed violence in the taking of the personal property from B, robbery characterized by violence being graver than ordinary robbery committed with force upon things. (B) A is criminally liable for robbery with force upon things in an inhabited house because the act was committed in a house constituting the dwelling of one or more persons. (C) A is criminally liable for grave coercion because the presumpon of intent to gain is rebutted. (D) A is criminally liable for qualified trespass to dwelling because he employed violence.

Who among the following convicts are not entitled to the benefits of the Indeterminate Sentence Law? (A) Those who are recidivists. (B) Those whose maximum term of imprisonment exceeds one (1) year. (C) Those convicted of inciting to sedition. (D) Those convicted of misprision of treason.

The wife of AAA predeceased his mother-in-law. AAA was accused of defrauding his mother-in-law under a criminal information for estafa, but the actual recital of facts of the offense charged therein, if proven, would constitute not only the crime of estafa, but also falsification of public document as a necessary means for committing estafa. AAA invokes the absolutory cause of relationship by affinity. Which statement is most accurate? (A) The relationship by affinity created between AAA and the blood relatives of his wife is dissolved by the death of his wife and the absolutory cause of relationship by affinity is therefore no longer available to AAA. (B) The death of spouse does not severe the relationship by affinity which is an absolutory cause available to AAA for estafa through falsification of public document. (C) If AAA commits in a public document the act of falsification as a necessary means to commit estafa, the relationship by affinity still subsists as an absolutory cause for estafa which should be considered separately from the liability for falsification of public document because there is no specific penalty prescribed for the complex crime of estafa through falsification of public document. (D) Considering that under the given situation, the two (2) crimes of estafa and falsification of public document are not separate crimes but component crimes of the single complex crime of estafa and falsification of public document, the absolutory cause of relationship by affinity is not available to AAA.

Chris Brown was convicted of a complex crime of direct assault with homicide aggravated by the commission of the crime in a place where public authorities are engaged in the discharge of their duties. The penalty for homicide is reclusion temporal. On the other hand, the penalty for direct assault is prision correccional in its medium and maximum periods. What is the correct indeterminate penalty? (A) Twelve (12) years of prision mayor as minimum to twenty (20) years of reclusion temporal as ma><imum. (B) Ten (10) years of prision mayor as minimum to seventeen (17) years and four (4) months of reclusion temporal as maximum. (C) Eight (8) years of prision mayor as minimum to eighteen (18) years and four (4) months of reclusion temporal as maximum. (D) Twelve (12) years of prision mayor as minimum to seventeen (17) years and four (4) months of reclusion temporal as maximum.

The guard was entrusted with the conveyance or custody of a detention prisoner who escaped through his negligence. What is the criminal liability of the escaping prisoner? (A) The escaping prisoner does not incur criminal liability. (B) The escaping prisoner is liable for evasion through negligence. (C) The escaping prisoner is liable for conniving with or consenting to, evasion. (D) The escaping prisoner is liable for evasion of service of sentence.

FF and his two (2) sons positioned themselves outside the house of the victim. The two (2) sons stood by the stairs in front of the house, while the father waited at the back. The victim jumped out of the window and was met by FF who instantly hacked him. The two (2) sons joined hacking the victim to death. They voluntarily surrendered to the police. How will the attendant circumstances be properly appreciated? (A) Treachery and abuse of superior strength qualify the killing to murder. (B) Only treachery qualies the killing to murder because abuse of superior strength is absorbed by treachery. (C) Treachery is the qualifying aggravating circumstance, while abuse of superior strength is treated as a generic aggravating circumstance. (D) The qualifying circumstance of treachery or abuse of superior strength can be offset by the mitigating circumstance of voluntary surrender. be taken into account for the purpose of increasing the penalty to be imposed upon the convict?

AA was appointed for a two-year term to serve the unexpired portion of a resigned public official. Despite being disqualified after the lapse of the two-year term, AA continued to exercise the duties and powers of the public office to which appointed. What is the criminal liability of AA? (A) AA is criminally liable for malfeasance in office. (B) AA is criminally liable for prolonging performance of duties and powers. (C) AA is criminally liable for disobeying request for disqualification. (D) AA incurs no criminal liability because there is no indication that he caused prejudice to anyone.

B was convicted by final judgment of theft. While serving sentence for such offense, B was found in possession of an unlicensed firearm. Is B a quasi- recidivist? (A) B is a quasi-recidivist because he was serving sentence when found in possession of an unlicensed firearm. (B) B is not a quasi-recidivist because the offense for which he was serving sentence is different from the second offense. (C) B is not a quasi-recidivist because the second offense is not c1 felony. (D) B is not a quasi-recidivist because the second offense was committed while still serving for the first offense.

Which of the following circumstances may be taken into account for the purpose of increasing the penalty to be imposed upon the convict? (A) Aggravaling circumstances which in themselves constitute a crime specially punishable by law. (B) Aggravaling circumstances which are inherent in the crime to such a degree that they must of necessity accompany the crime. (C) Aggravating circumstances which arise from the moral attributes of the offender. (D) Aggravaling circumstances which are included by the law in dening a crime.

For treachery to qualify killing to murder, the evidence must show: (A) The time when the accused decided to employ treachery, the overt act manifestly indicating that he clung to such determination, and a sufficient lapse of time between the decision and the execution, allowing him to reflect upon the consequence of his act. (B) Unlawful aggression, reasonable necessity of the means to prevent or repel the aggression, and lack of sufficient provocation on the part of the victim. (C) That the accused employed such means, methods or manner to ensure his safety from the defensive or retaliatory acts at the victim, and the mode of attack was consciously adopted. (D) Actual sudden physical assault or threat to inflict real imminent injury to an unsuspecting victim.

What crime is committed by one who defrauds another by taking undue advantage of the signature of the offended party in a blank check and by writing the payee and amount of the check to the prejudice of the offended party? (A) estofa with unfaithfulness or abuse of confidence; (B) estafa by false pretense; (C) estafa through fraudulent means; (D) estafa by other deceits.

Can there be a frustrated impossible crime? (A) Yes. When the crime is not produced by reason of the inherent impossibility of its accomplishment, it is a frustrated impossible crime. (B) No. There can be no frustrated impossible crime because the means employed to accomplish the crime is inadequate or ineffectual. (C) Yes. There can be a frustrated impossible crime when the act performed would be an offense against persons. (D) No. There can be no frustrated impossible because the offender has already performed the acts for the execution of the crime.

When are light felonies punishable? (A) Light felonies are punishable in all stages of execution. (B) Light felonies are punishable only when consummated. (C) Light felonies are punishable only when consummated, with the exception of those committed against persons or properly. (D) Light felonies are punishable only when committed against persons or property.

What crime is committed by a public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service in order to evade the discharge of the duties of preventing, prosecuting or punishing the crime of treason? (A) abandonment of office or position; (B) qualified abandonment of office; (C) misprision of treason; (D) negligence in the prosecution of offense.

The period of probation of the offender sentenced to a term of one (1) year shall not exceed: (A) two (2) years; (B) six (6) years; (C) one (1) year; (D) three (3) years; who, without being authorized by law, compels prostitutes residing in his city to go to, and live in, another place against their will?

AA misrepresented to the complainant that he had the power, influence, authority and business to obtain overseas employment upon payment of placement fee. AA duly collected the placement fee from complainant. As per certification of the Philippine Overseas Employment Administration, AA did not possess any authority or license for overseas employment. Is it proper to file two (2) separate Informations for illegal recruitment under the Labor Code and for estafa by means of deceit? (A) No. The ling of two (2) separate lnformaons for illegal recruitment under the Labor Code and for estafa by means of deceit for the same act is violative of the principle against double jeopardy. (B) No. One lnfomiation for a complex crime of illegal recruitment with estafa by means of deceit should be filed, instead of two (2) separate lnfonnations. (C) No. A person convicted of illegal recruitment under the Labor Code may not, for the same act, be separately convicted of estafa by means of deceit. (D) Yes. A person convicted of illegal recruitment under the Labor Code may, for the same act, be separately convicted of estafa by means of deceit.

A, B, and C organized a meeting in which the audience was incited to the commission of the crime of sedition. Some of the persons present at the meeting were carrying unlicensed firearms. What crime, if any, was committed by A, B and C, as well as those who were carrying unlicensed firearms and those who were merely present at the meeting? (A) Inciting to sedition for A, B and C and illegal possession of firearms for those carrying unlicensed firearms. (B) Inciting to sedition for A, B and C and those carrying unlicensed firearms. (C) Illegal assembly for A, B, C and all those present at the meeting. (D) Conspiracy to commit sedition for A, B, C and those present at the meeting.

What is the crime committed by any person who, without reasonable ground, arrests or detains another for the purpose of delivering him to the proper authorities? (A) unlawful arrest; (B) illegal detention; (C) arbitrary detention; (D) grave coercion.

What crime is committed when a person assumes the performance of duties and powers of a public office or employment without first being sworn in? (A) anticipation of duties of d public office; (B) usurpation of authority; (C) prohibited transaction; (D) unlawful appointment.

What is the crime committed when a group of persons entered the municipal building rising publicly and taking up arms in pursuance of the movement to prevent exercise of governmental authority with respect to the residents of the municipality concerned for the purpose of effecting changes in the manner of governance and removing such locality under their control from allegiance to the laws of the Government? (A) sedition; (B) coup d'etat; (C) insurrection; (D) public disorder.

What is the criminal liability, if any, of a pregnant woman who tried to commit suicide by poison, but she did not die and the fetus in her womb was expelled instead? (A) The woman who tried to commit suicide is not criminally liable because the suicide intended was not consummated. (B) The woman who tried to commit suicide is criminally liable for unintentional abortion which is punishable when caused by violence. (C) The woman who tried to commit suicide is criminally liable for abortion that resulted due to the poison that she had taken to commit suicide. (D) The woman who tried to commit suicide incurs no criminal liability for the result not intended.

What crime is committed by a person who kills a three-day old baby? (A) infanticide; (B) homicide; (C) murder; (D) parricide.

When the adoption of a child is effected under the Inter-Country Adoption Act for the purpose of prostitution, what is the proper charge against the offender who is a public officer in relation to the exploitative purpose? (A) acts that promote trafficking in persons; (B) trafficking in persons; (C) qualified trafficking in persons; (D) use of trafficked person.

Which of the following circumstances may be appreciated as aggravating in the crime of treason? (A) cruelty and ignominy; (B) evident premeditation; (C) superior strength; (D) reachery.

Who among the following is liable for estafa? (A) The seller of a laptop computer who failed to inform the buyer that the laptop had a defect. (B) The person who ran away with a cell phone which was handed to him upon his pretense that he had to make an emergency call. (C) The person who assured he will pay interest on the amount but failed to do so as promised. (D) The son who induced his father to buy from him a land which the son is no longer the owner.

The key element in a crime of parricide other than the fact of killing is the relationship of the offender to the victim. Which one of the following circumstances constitutes parricide? (A) Offender killing the illegitimate daughter of his legitimate son. (B) Offender killing his illegitimate grandson. (C) Offender killing his common-law wife. (D) Offender killing his illegitimate mother.

What is the criminal liability, if any, of a police officer who, while Congress was in session, arrested a member thereof for committing a crime punishable by a penalty higher than prision mayor? (A) The police officer is criminally liable for violation of parliamentary immunity because a member of Congress is privileged from arrest while Congress is in session. (B) The police officer is criminally liable for disturbance of proceedings because the arrest was made while Congress was in session. (C) The police officer incurs no criminal liability because the member at Congress has committed a crime punishable by a penalty higher than prision mayor. (D) The police officer is criminally liable for violation of parliamentary immunity because parliamentary immunity guarantees a member of Congress complete freedom of expression without fear of being arrested while in regular or special session. four persons who, without public uprising, employ force to prevent the holding of any popular elecon?

A jailer inflicted injury on the prisoner because of his personal grudge against the latter. The injury caused illness of the prisoner for more than thirty (30) days. What is the proper charge against the jailer’? (A) The jailer should be charged with maltreatment of prisoner and serious physical injuries. (B) The jailer should be charged with serious physical injuries only. (C) The jailer should be charged with complex crime of maltreatment of prisoner with serious physical injuries. (D) The jailer should be charged with maltreatment of prisoner only.

What is the nature of the circumstance which is involved in the imposition of the maximum term of the indeterminate sentence? (A) qualifying circumstance; (B) aggravating circumstance; (C) modifying circumstance; (D) analogous circumstance.

What is the minimum age of criminal responsibility? (A) fifteen (15) years old or under (B) nine (9) years old or under (C) above nine (9) years old and under fifteen (l5) who acted with discernment (D) above fifteen (l 5) years old and under eighteen (l8) who acted with discernment under the Inter-Country Adoption Act for the purpose of prostitution, what is the proper charge against the offender who is a public officer in relation to the exploitative purpose?

What is the proper charge against a group of four persons who, without public uprising, employ force to prevent the holding of any popular election? (A) sedition; (B) disturbance of public order; (C) grave coercion; (D) direct assault.

AA was convicted of proposal to commit treason. Under Article 115 of the Revised Penal Code, proposal to commit treason shall be punished by prision correccional and a fine not exceeding P5,000.00. Is the Indeterminate Sentence Law applicable to AA? (A) Yes. The Indeterminate Sentence Law is applicable to AA because the maximum of prision correccional exceeds one (1) year. (B) Yes. The Indeterminate Sentence Law is applicable to AA because there is no showing that he is a habitual delinquent. (C) No. The Indeterminate Sentence Law is not applicable to AA considering the penalty imposable for the offense of which he was convicted. (D) No. The Indeterminate Sentence Law is not applicable considering the offense of which he was convicted.

What crime is committed when a mother kills the three-day old child of her husband with their daughter? (A) parricide; (B) infanticide; (C) murder; (D) homicide.

What is the proper charge against a person who, without taking arms or being in open hostility against the Government, shall incite others to deprive Congress of its legislative powers, by means of speeches or writings? (A) inciting to sedition; (B) inciting to rebellion or insurrection; (C) crime against legislative body; (D) unlawful use of means of publication or unlawful utterances.

What is the crime committed by a public officer who discloses to the representative of a foreign nation the contents of the articles, data or information of a confidential nature relative to the defense of the Philippine archipelago which he has in his possession by reason of the public office he holds? (A) espionage; (B) disloyalty; (C) treason; (D) violation of neutrality.

AB was driving a van along a highway. Because of her recklessness, the van hit a car which had already entered the intersection. As a result, CD who was driving the car suffered physical injuries, while damage to his car amounted to P8,500.00. What is the proper charge against AB? (A) AB should be charged with complex crime of reckless imprudence resulting in damage to property with slight physical injuries. (B) AB should be charged with reckless imprudence resulting in slight physical injuries and reckless imprudence resulting in damage to properly. (C) AB should be charged with complex crime of slight physical injuries with damage to property. (D) AB should be charged with slight physical injuries and reckless imprudence resullhg in damage to property.

What is the criminal liability of a person who knowingly and in any manner aids or protects highway robbers/brigands by giving them information about the movement of the police? (A) He is criminally liable as principal by indispensable cooperation in the commission of highway robbery or brigandage. (B) He is criminally liable as an accessory of the principal offenders. (C) He is criminally liable as an accomplice of the principal offenders. (D) He is criminally liable as principal for aiding and abetting a band of brigands.

When is a disturbance of public order deemed to be tumultuous? (A) The disturbance shall be deemed tumultuous it caused by more than three (3) persons who are armed or provided with means of violence. (B) The disturbance shall be deemed tumultuous when ca person causes ca serious disturbance in O public place or disturbs public performance, function or gathering. (C) The disturbance shall be deemed tumultuous when more than three (3) persons make any outcry tending to incite rebelion or sedition or shout subversive or provocative words to obtain any of the objectives of rebellion or sedition. (D) The disturbance shall be deemed tumultuous when at least four (4) persons participate in a free- for-all-ght assaulting each other in a confused and tumultuous manner.

Can the crime of treason be committed only by a Filipino citizen? (A) Yes. The offender in the crime of treason is a Filipino citizen only because the first element is that the offender owes allegiance to the Government of the Philippines. (B) No. The offender in the crime of treason is either a Filipino citizen or a foreigner married to a Filipino citizen, whether residing in the Philippines or elsewhere, who adheres to the enemies of the Philippines, giving them aid or comfort. (C) No. The offender in the crime of treason is either a Filipino citizen or an alien residing in the Philippines because while permanent allegiance is owed by the alien to his own country, he owes a temporary allegiance to the Philippines where he resides. (D) Yes. It is not possible for an alien, whether residing in the Philippines or elsewhere, to commit the crime of treason because he owes allegiance to his own country.

What is the criminal liability, if any, of AAA who substitutes for a prisoner serving sentence for homicide by taking his place in jail or penal establishment? (A) AAA is criminally liable for delivering prisoner from jail and for using fictitious name. (B) AAA is criminally liable as an accessory of the crime of homicide by assisting in the escape or concealment of the principal of the crime. (C) AAA is criminally liable for infidelity in the custody of prisoners. (D) AAA is criminally liable for misrepresentation or concealing his true name.

RR convinced WW to take a job in Taiwan, assuring her of a good salary and entitlement to a yearly vacation. WW paid to RR the processing fee for passport and visa, but no receipt was issued for the payment. WW was made to use the alien certificate of registration of another person with a Chinese name and instructed on how to use the Chinese name. The application of WW was rejected by the Taiwanese authorities. Cases were filed against RR for illegal recruitment and estafa. The case of illegal recruitment was dismissed. Is RR liable for estafa? (A) RR is liable for estafa with unfaithfulness or abuse of confidence. (B) RR is liable for estafa by means of false pretenses. (C) RR is not liable for estafa because WW participated in the illegal travel documents. (D) RR can no longer be held liable for estafa because with the dismissal of the case against him for illegal recruitment, double jeopardy has already set in.

A, B, C and D are members of the police department of a municipality. Conspiring with one another, they arrested E, without reasonable ground, for the purpose of delivering him to the proper authorities by imputing to E the crime of bribery. While E was being investigated by A, B, C and D, one of them placed a marked five hundred peso bill, together with the money taken from E, to make it appear that E, an employee of the Office of the Local Civil Registrar, agreed to perform an act not constituting a crime in connection with the performance of E's duties, which was to expedite the issuance of a birth certificate. What is the crime committed by A, B, C and D? (A) A, B, C and D committed incriminatory machination through unlawful arrest. (B) A, B, C and D committed intriguing against honor with unlawful arrest. (C) A, B, C and D committed slight illegal detention. l (D) A, B, C and D committed corruption of public official.

A foreigner residing in Hong Kong counterfeits a twenty-peso bill issued by the Philippine Government. May the foreigner be prosecuted before a civil court in the Philippines? (A) No. The provisions of the Revised Penal Code are enforceable only wilhin the Philippine Archipelago. (B) No. The Philippine Criminal Law is binding only on persons who reside or sojourn in the Philippines. (C) No. Foreigners residing outside the jurisdiction of the Philippines are exempted from the operation of the Philippine Criminal Law. (D) Yes. The provisions of the Revised Penal Code are enforceable also outside the jurisdiction of the Philippines against those who should forge or counterfeit currency notes of the Philippines or obligations and securities issued by the Government of the Philippines.

What crime is committed by one who, having received money, goods or any other personal property in trust or on commission, or for administration, defrauds the offended party by denying receipt of such money, goods or other property? (A) He commits violation of the Trust Receipt Law. (B) He commits estafa through fraudulent means. (C) He commits estafa by false pretenses. (D) He commits estafa with unfaithfulness or abuse of confidence.

At a wake, there were people watching a game of dice. With treachery and use of unlicensed firearms, AA fired successively several gunshots at their direction. During the shooting, four (4) persons were killed and fourteen (14) others were injured and brought to the hospital for the treatment of gunshot wounds. What should be the proper charge against AA? (A) AA should be charged with multiple murder and attempted murder. (B) AA should be charged with tour (4) counts of murder and fourteen ( i 4) counts of attempted murder. (C) AA should be charged with four (4) counts of murder, fourteen (14) counts of serious physical injuries and illegal possession of firearms. (D) AA should be charged with complex crime of murder and attempted murder with illegal possession of firearms.

The baptism of A was solemnized by B, an ecclesiastical minister, in the absence of C, one of the godparents. Upon request of the mother of A, B caused the inclusion of the name of C in the baptismal certificate of A as one of the godparents and allowed a proxy for C during the baptismal ceremony. What is the criminal liability, if any, of the ecclesiastical minister? (A) The ecclesiastical minister is criminally liable for falsification of baptismal certificate by causing it To appear That C participated in The bapfismal ceremony when he did not in fact so participate. (B) The ecclesiastical minister is not criminally liable because The insertion of The name of C in The baptismal certiticate will not atfect The civil status of A. (C) The ecclesiastical minister is not criminally liable because he is not a public officer, employee or notary. (D) The ecclesiastical minister is not criminally liable because he did not take advantage of his official position nor cause damage to a third party.

What is the proper charge against a lawyer who reveals the secrets of his client learned by him in his professional capacity? (A) The lawyer should be charged with revelation of secrets of private individual. (B) The lawyer should be charged with betrayal of trust. (C) The lawyer should be charged with unauthorized revelation of classified materials. (D) The proper charge against the lawyer should be revealing secrets with abuse of office.

AAA was convicted of theft by a Manila Court and sentenced to a straight penalty of one (1) year of prision correccional. After serving two (2) months of the sentence, he was granted conditional pardon by the Chief Executive. One of the conditions of the pardon was for him not to be found guilty of any crime punishable by the laws of the country. He subsequently committed robbery in Pasay City. Can the Manila Court require AAA to serve the unexpired portion of the original sentence? (A) Yes. The Manila Court has the authority to recommit AAA to serve the unexpired portion of the original sentence in addition to the penalty for violation of conditional pardon. (B) No. The penalty remitted by the conditional pardon is less than six (6) years. (C) Yes. The penalty for violation of conditional pardon is the unexpired portion of the punishment in the original sentence. (D) No. AAA must first be found guilty of the subsequent offense before he can be prosecuted for violation of conditional pardon.

Under which of the following circumstances is probation not applicable? (A) Probation is not applicable when the accused is sentenced to serve a maximum of six (6) years. (B) Probation is not applicable when the accused has been convicted by final judgment of an offense punished by imprisonment of less than one (1) month and/or ne of less than P200.00. (C) Probation is not applicable when accused is convicted of indirect assault. (D) Probation is not applicable when accused is convicted of indirect bribery.

DD, intending to kill EE, peppered the latter's bedroom with bullets, but since the intended victim was not home at that time, no harm came to him. What crime is committed? (A) DD committed the crime of attempted murder. (B) DD committed the crime of attempted homicide. (C) DD committed the crime of impossible crime. (D) DD committed the crime of malicious mischief.

What should be the proper charge against an offender who unlawfully took and carried away a motor vehicle belonging to another without the latter's consent, killing the driver in the process? (A) The proper charge against the offender should be murder with the use of motor vehicle. H6 (B) The proper charge against the offender should be qualified carnapping or carnapping in an aggravated form. (C) The proper charge against the offender should be carnapping and homicide. (D) The proper charge against the offender should be robbery with homicide.

What is the criminal liability, if any, of a private person who enters the dwelling of another against the latter's will and by means of violence or intimidation for the purpose of preventing some harm to himself? (A) The private person is criminally liable for qualified trespass to dwelling. (B) The private person is criminally liable for simple trespass to dwelling. (C) The private person incurs no criminal liability. (D) The private person is criminally liable for light threats.

What is the criminal liability, if any, of a physician who issues a false medical certificate in connection with the practice of his profession? (A) The physician is criminally liable for falsification ot medical certificate. (B) The physician is criminally liable if the false medical certificate is used in court. (C) The physician incurs no criminal liability if the false medical certificate is not submitted to the cou. (D) The physician incurs no criminal liability if the false medical certificate does not cause prejudice or damage.

Which of the following acts does not constitute estafa or other forms of swindling? (A) When a person mortgages a real property by pretending to be the owner thereof. (B) When a person disposes of the real property knowing it to be encumbered. (C) When a person wrongfully takes real property from its lawful possessor to the prejudice of the latter. (D) When a person mortgages real property while being a surety given in a civil action without express authority from the court.

AA knowingly and willfully induced BB to swear falsely. BB testified as told in a formal hearing of an administrative case under circumstances rendering him guilty of perjury. Is AA criminally liable? (A) AA is not criminally liable because his act constitutes subornation of perjury which is not expressly penalized in the Revised Penal Code. (B) AA is not criminally liable because he was not the one who gave false testimony in the administrative case. (C) AA is not criminally liable because the witness suborned testified in an administrative case only. (D) AA is criminally liable for perjury as principal by inducement with BB as the principal by direct participation.

What crime is committed by a person who, having found a ring, fails to deliver the same to the owner or to the local authorities? (A) The finder commits theft. (B) The nder commits concealment. (C) The nder commits qualified theft. (D) The nder commits usurpation of property.

What crime is committed when a person ill-treats another by deed without causing any injury? (A) The offencler commits maltreatment. (B) The offender commits slander by deed. (C) The offender commits assault. (D) The offender commits coercion.

Conspiracy to commit felony is punishable only in cases in which the law specifically provides a penalty therefor. Under which of the following instances are the conspirators not liable? (A) Conspiracy to commit arson. (B) Conspiracy to commit terrorism. (C) Conspiracy to commit child pornography. (D) Conspiracy to commit trafficking in persons.

What is a privileged mitigating circumstance?

Felonies are classified according to manner or mode of execution into felonies committed by means of deceit (dolo) and by means of fault (culpa). Which of the following causes may not give rise to culpable felonies? (A) lmprudence; (B) Malice; (C) Negligence; (D) Lack of foresight.

What are the constitutional provisions limiting the power of Congress to enact penal laws?

How is the Indeterminate Sentence Law applied in imposing a sentence?

Distinguish by way of illustration conspiracy as a felony from conspiracy as a manner of incurring liability in relation to the crimes of rebellion and murder.

Is the penalty for impossible crime applicable to one who attempts to commit a light felony of impossible materialization? (A) No. The evil intent of The offender cannot be accomplished. (B) No. An attempt To commit light felony constitutes an employment of inadequate or ineffectual means. (C) No. The penalty for consummated light felony is less Than The penalty for impossible crime. (D) No. In impossible crime, The act performed should not constitute a violation of another offense.

What crime is committed by a utility worker in government who destroys office files as an act of revenge against his supervisor? (A) The utility worker commits infidelity in the custody of papers. (B) The utility worker commits malicious mischief. (C) The utility worker commits estafa by removing, concealing or destroying office files. (D) The utility worker commits crime involving destruction.

What is the fundamental principle in applying and interpreting criminal laws, including the Indeterminate Sentence Law?

If you were the judge in a bigamy case where the defense was able to prove that the first marriage was null and void or a nullity, would you render a judgment of conviction or acquittal? Explain your answer.

A postal van containing mail matters, including checks and treasury warrants, was hijacked along a national highway by ten (10) men, two (2) of whom were armed. They used force, violence and intimidation against three (3) postal employees who were occupants of the van, resulting in the unlawful taking and asportation of the entire van and its contents. If you were the public prosecutor, would you charge the ten (10) men who hijacked the postal van with violation of Presidential Decree No. 532, otherwise known as the Anti-Piracy and Anti-Highway Robbery Law of 1974? Explain your answer.

Who are brigands?

Distinguish a privileged mitigating circumstance from an ordinary mitigating circumstance as to reduction of penalty and offsetting against aggravating circumstance/s.

Distinguish habitual delinquency from recidivism as to the crimes committed, the period of time the crimes are committed, the number of crimes committed and their effects in relation to the penalty to be imposed on a convict.

A postal van containing mail matters, including checks and treasury warrants, was hijacked along a national highway by ten (10) men, two (2) of whom were armed. They used force, violence and intimidation against three (3) postal employees who were occupants of the van, resulting in the unlawful taking and asportation of the entire van and its contents. If you were the defense counsel, what are the elements of the crime of highway robbery that the prosecution should prove to sustain a conviction?

Distinguish brigandage from robbery in band as to elements, purpose of the offender and agreement among the offenders.

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

Who is an accomplice?

Who is a habitual delinquent?

Three men gave Arnold fist blows and kicks causing him to fall. As they surrounded and continued hitting him, he grabbed a knife he had in his pocket and stabbed one of the men straight to the heart. What crime did Arnold commit? (A) Homicide with incomplete self-defense, since he could have run from his aggressors. (B) Homicide, since he knew that stabbing a person in the heart is fatal. (C) Homicide mitigated by incomplete self-defense, since stabbing a person to the heart is excessive. (D) No crime, since he needed to repel the aggression, employing reasonable means for doing so.

The classification of felonies into grave, less grave, and light is important in ascertaining? (A) if certain crimes committed on the same occasion can be complexed. (B) the correct penalty for crimes committed through reckless imprudence. (C) whether the offender is liable as an accomplice. (D) what stage of the felony has been reached.

Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner is liable for? (A) occupation or usurpation of personal property. (B) civil damages only. (C) theft. (D) other deceits.

The husband has for a long time physically and mentally tortured his wife. After one episode of beating, the wife took the husband's gun and shot him dead. Under the circumstances, her act constitutes? (A) mitigating vindication of grave offense. (B) battered woman syndrome, a complete self-defense. (C) incomplete self-defense. (D) mitigating passion and obfuscation.

The police officer in civilian clothes asked X where he can buy shabu. X responded by asking the officer how much of the drug he needed. When he told him, X left, returned after a few minutes with the shabu, gave it to the officer, and took his money. X is? (A) liable for selling since the police operation was a valid entrapment. (B) not liable for selling since the police operation was an invalid entrapment. (C) liable for selling since the police operation was a valid form of instigation. (D) not liable since the police operation was an invalid instigation.

X, Y and Z agreed among themselves to attack and kill A, a police officer, but they left their home-made guns in their vehicle before approaching him. What crime have they committed? (A) Conspiracy to commit indirect assault. (B) Attempted direct assault. (C) Conspiracy to commit direct assault. (D) Illegal possession of firearms.

Zeno and Primo asked Bert to give them a sketch of the location of Andy's house since they wanted to kill him. Bert agreed and drew them the sketch. Zeno and Primo drove to the place and killed Andy. What crime did Bert commit? (A) Accomplice to murder, since his cooperation was minimal. (B) Accessory to murder, since his map facilitated the escape of the two. (C) None, since he took no step to take part in executing the crime. (D) Principal to murder, since he acted in conspiracy with Zeno and Primo.

Principles of public international law exempt certain individuals from the Generality characteristic of criminal law. Who among the following are NOT exempt from the Generality rule? (A) Ministers Resident (B) Commercial Attache of a foreign country (C) Ambassador (D) Chiefs of Mission

Isabel, a housemaid, broke into a pawnshop intent on stealing items of jewelry in it. She found, however, that the jewelry was in a locked chest. Unable to open it, she took the chest out of the shop. What crime did she commit? (A) Robbery in an uninhabited place or in a private building (B) Theft (C) Robbery in an inhabited house or public building (D) Qualified theft

The mitigating circumstance of immediate vindication of a grave offense cannot be appreciated in a case where? (A) Following the killing of his adopted brother, P went to the place where it happened and killed S whom he found there. (B) X kills Y who attempted to rape X's wife. (C) P severely maltreats S, a septuagenarian, prompting the latter to kill him. (D) M killed R who slandered his wife.

Mr. P owns a boarding house where he knowingly allowed children to be videotaped while simulating explicit sexual activities. What is Mr. P's criminal liability, if any? (A) Corruption of minors under the Penal Code (B) Violation of the Child Pornography Act (C) Violation of the Child Abuse Law (D) None

When committed outside the Philippine territory, our courts DO NOT have jurisdiction over the crime of? (A) treason. (B) piracy. (C) espionage. (D) rebellion.

Plaintiff X said in his civil complaint for damages that defendant Y, employing fraud, convinced him to buy a defective vehicle. Y filed a criminal action for libel against X for maliciously imputing fraud on him. Will the action prosper if it turns out that the civil complaint for damages was baseless? (A) No, since pleadings filed in court are absolutely privileged. (B) No, since malice is not evident. (C) Yes, given the fact that the imputation of fraud was baseless. (D) Yes, parties must state the truth in their pleadings.

There is violation of Art. 316, RPC (Other forms of Swindling) where? (A) the owner of property sells a property and subsequently rescinds the sale. (B) the real property subject of the sale does not exist. (C) the property was mortgaged for a usurious contract of loan. (D) the owner disposes of his encumbered real property as if it is free from encumbrances.

A police officer surreptitiously placed a marijuana stick in a student's pocket and then arrested him for possession of marijuana cigarette. What crime can the police officer be charged with? (A) None, as it is a case of entrapment (B) Unlawful arrest (C) Incriminating an innocent person (D) Complex crime of incriminating an innocent person with unlawful arrest

Arthur, Ben, and Cesar quarreled with Glen while they were at the latter's house. Enraged, Arthur repeatedly stabbed Glen while Ben and Cesar pinned his arms. What aggravating circumstance, if any, attended the killing of Glen? (A) Evident premeditation. (B) None. (C) Abuse of superior strength. (D) Treachery.

After properly waiving his Miranda rights, the offender led the police to where he buried the gun he used in shooting the victim. How does this affect his liability? (A) This serves as an analogous mitigating circumstance of voluntary surrender. (B) It has no effect at all since the law provides none. (C) He is considered to have confessed to murder. (D) This serves as aggravating circumstance of concealment of weapon.

In malversation of public funds, the offender's return of the amount malversed has the following effect (A) It is exculpatory. (B) It is inculpatory, an admission of the commission of the crime. (C) The imposable penalty will depend on what was not returned. (D) It is mitigating.

X, a tabloid columnist, wrote an article describing Y, a public official, as stupid, corrupt, and having amassed ill-gotten wealth. X relied on a source from Y's own office who fed him the information. Did X commit libel? (A) Yes, since the article was libelous and inconsistent with good faith and reasonable care. (B) No, since X but made a fair commentary on a matter of public interest. (C) No, since X's article constitutes privileged communication. (D) No, since he wrote his article under the freedom enjoyed by the press.

As a modifying circumstance, insanity (A) is in the nature of confession and avoidance. (B) may be presumed from the offender's previous behavior. (C) may be mitigating if its presence becomes apparent subsequent to the commission of the crime. (D) exempts the offender from criminal liability whatever the circumstances.

The presence of a mitigating circumstance in a crime (A) increases the penalty to its maximum period. (B) changes the gravity of the offense. (C) affects the imposable penalty, depending on other modifying circumstances. (D) automatically reduces the penalty.

X and his step-father have a long-standing enmity. One day, irked by an argument with his step-father, X smashed the windshield of his step-father's brand new Audi sports car. X is liable for? (A) malicious mischief. (B) malicious mischief with the alternative mitigating circumstance of relationship. (C) malicious mischief with the alternative aggravating circumstance of relationship. (D) the civil damage he caused.

The maxim “Nullum crimen nulla poena sine lege” means that? (A) the act is criminal at the time of its commission and recognized as such at the time of its commission but the penalty therefor is prescribed in a subsequently enacted law. (B) the act is criminal and punished under and pursuant to common law. (C) there is a crime for as long as the act is inherently evil. (D) crime is a product of the law.

The exchanges of highly offensive words between two quarrelling women in the presence of a crowd of people constitute? (A) one count of grave slander against the woman who uttered the more insulting expressions. (B) grave slander against the woman who started it and light slander against the other woman. (C) two separate counts of light slander, one for each woman. (D) two separate counts of grave slander, one against each of them.

The alternative circumstance of relationship shall NOT be considered between (A) mother-in-law and daughter-in-law. (B) adopted son and legitimate natural daughter. (C) aunt and nephew. (D) stepfather and stepson.

He is an accomplice who (A) agreed to serve as a lookout after his companions decided to murder the victim. (B) watched quietly as the murderer stabbed his victim. (C) helped the murderer find the victim who was hiding to avoid detection. (D) provided no help, when he can, to save the victim from dying.

A special complex crime is a composite crime (A) made up of 2 or more crimes defined in the Penal Code. (B) with its own definition and special penalty provided by the Penal Code. (C) with its own definition and special penalty provided by a special penal law. (D) made up of 2 or more crimes defined in the Penal Code and special penal laws.

A criminal action for rape is extinguished when the offender is forgiven by (A) the offender's wife who herself is the rape victim. (B) his wife for having raped another woman. (C) the rape victim's husband. (D) the rape victim herself.

Which of the following crimes is an exception to the Territoriality Rule in Criminal law? (A) Violation of the Trademark Law committed by an alien in the Philippines. (B) Forgery of US bank notes committed in the Philippines. (C) Crime committed by a Filipino in the disputed Spratly's Island. (D) Plunder committed at his place of assignment abroad by a Philippine public officer.

Insuperable cause is an exempting circumstance which may be applied to? (A) robbery. (B) misprision of treason. (C) homicide. (D) rebellion.

A public officer who immediately returns the bribe money handed over to him commits (A) no crime. (B) attempted bribery. (C) consummated bribery. (D) frustrated bribery.

The penalty of perpetual or temporary special disqualification for the exercise of the right of suffrage does NOT deprive the offender of the right? (A) to be elected to a public office. (B) to vote in any popular election for a public office. (C) to vote in a plebiscite. (D) to hold any public office.

Deeply enraged by his wife's infidelity, the husband shot and killed her lover. The husband subsequently surrendered to the police. How will the court appreciate the mitigating circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary surrender that the husband invoked and proved? (A) It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstance and vindication of a grave offense as another. (B) It will appreciate all three mitigating circumstances separately. (C) It will appreciate the three mitigating circumstances only as one. (D) It will appreciate passion or obfuscation and vindication of a grave offense as just one mitigating circumstance and voluntary surrender as another.

The three accused forcibly took their victim from his car but the latter succeeded in freeing himself from their grip. What crime did the three accused commit? (A) forcible abduction. (B) frustrated kidnapping. (C) attempted kidnapping. (D) grave coercion.

To save himself from crashing into an unlighted truck abandoned on the road, Jose swerved his car to the right towards the graveled shoulder, killing two bystanders. Is he entitled to the justifying circumstance of state of necessity? (A) No, because the bystanders had nothing to do with the abandoned truck on the road. (B) No, because the injury done is greater than the evil to be avoided. (C) Yes, since the instinct of self-preservation takes priority in an emergency. (D) Yes, since the bystanders should have kept off the shoulder of the road.

Which of the following statements constitute Inciting to Sedition? (A) Utterance of statements irritating or obnoxious to the ears of the police officers. (B) Speeches extolling communism and urging the people to hold a national strike and paralyze commerce and trade. (C) Leaders of jeepney and bus associations shouting “Bukas tuloy ang welga hanggang sa magkagulo na!” (D) Speeches calling for resignation of high government officials.

Sam wrote a letter to his friends stating that Judge Odon loves obscene magazines and keeps these in his desk. Charged with libel, can Sam present proof that Judge Odon indeed loves obscene magazines and keeps these in his desk? (A) No, since the imputation is not related to the duties of a judge. (B) No, since Sam does not impute a crime to Judge Odon. (C) No, since Sam imputes the commission of a crime to Judge Odon. (D) Yes, since truth can be a valid defense in libel.

Which among the following circumstances do NOT qualify the crime of kidnapping? (A) The victim is killed as a consequence of the detention. (B) The offender is a public officer. (C) Ransom is demanded. (D) The victim is raped.

The crime of robbery in an inhabited house or public building is mitigated when the offenders (A) entered the house using false keys. (B) although armed did not fire their weapons. (C) entered through a window without breaking it. (D) although armed took property valued at only P200.

The aggravating circumstance of uninhabited place is aggravating in murder committed? (A) on a banca far out at sea. (B) in a house located in cul de sac. (C) in a dark alley in Tondo. (D) in a partly occupied condominium building.

X draws a check upon request of Y, the payee, who told X that he would merely show 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) Y as the one who negotiated the check contrary to the agreement (B) X as the drawer of the check (C) Both X and Y based on conspiracy (D) None

X killed B, mistakenly believing that she was his wife, upon surprising her having sex with another man in a motel room. What is the criminal liability of X? (A) None since he killed her under exceptional circumstances. (B) None since he acted under a mistake of fact. (C) Parricide. (D) Homicide.

A, B, and C agreed to rob a house of its cash. A and B entered the house while C remained outside as lookout. After getting the cash, A and B decided to set the house on fire to destroy any evidence of their presence. What crime or crimes did C commit? (A) Robbery and arson since arson took place as an incident of the robbery. (B) Robbery and arson since C took no step to stop the arson. (C) Just for robbery since he only agreed to it and served as lookout. (D) Accomplice to robbery since his role in the crime was minimal.

A qualifying aggravating circumstance? (A) changes the description and the nature of the offense. (B) increases the penalty to its next degree but absorbs all the other aggravating circumstances. (C) raises the penalty by two periods higher. (D) is one which applies only in conjunction with another aggravating circumstance.

The accused was shocked to discover his wife and their driver sleeping in the master's bedroom. Outraged, the accused got his gun and killed both. Can the accused claim that he killed the two under exceptional circumstances? (A) No, since the accused had time to reflect when he got his gun. (B) No, since the accused did not catch them while having sexual intercourse. (C) Yes, since the wife and their driver desecrated the marital bed. (D) Yes, since the scene shows that they had an intimate relationship.

Minority is a privileged mitigating circumstance which operates to reduce the penalty by a degree where the child is? (A) 15 years and below acting without discernment. (B) above 15 years but below 18 acting without discernment. (C) below 18 years acting with discernment. (D) 18 years old at the time of the commission of the crime acting with discernment.

On hearing a hospital ward patient on the next bed, shrieking in pain and begging to die, Mona shut off the oxygen that was sustaining the patient, resulting in his death. What crime if any did Mona commit? (A) Homicide. (B) Murder if she deliberated on her action. (C) Giving Assistance to Suicide. (D) Euthanasia.

Without meaning anything, Z happened to stare into the eye of one of four men hanging out by a store which he passed. Taking offense, the four mauled and robbed him of his wages. Z went home, took a knife, and stabbed one of his attackers to death. Charged with murder, Z may raise the mitigating circumstance of? (A) praeter intentionem. (B) incomplete self-defense preceded by undue provocation. (C) passion or obfuscation. (D) complete self-defense.

Dagami concealed Bugna's body and the fact that he killed him by setting Bugna's house on fire. What crime or crimes did Dagami commit? (A) Murder, the arson being absorbed already (B) Separate crimes of murder and arson (C) Arson, the homicide being absorbed already (D) Arson with murder as a compound crime

It is a matter of judicial knowledge that certain individuals will kill others or commit serious offenses for no reason at all. For this reason, (A) lack of motive can result in conviction where the crime and the accused's part in it are shown. (B) motive is material only where there is no evidence of criminal intent. (C) lack of motive precludes conviction. (D) the motive of an offender is absolutely immaterial.

Motive is generally IMMATERIAL in determining criminal liability EXCEPT when? (A) several offenders committed the crime but the court wants to ascertain which of them acted as leader. (B) the evidence of the crime consists of both direct and circumstantial evidence. (C) ascertaining the degree of penalty that may be imposed on the offender. (D) the evidence of guilt of the accused is circumstantial.

Direct bribery is a crime involving moral turpitude. From which of the following elements of direct bribery can moral turpitude be inferred? (A) The offender receives a gift by himself or through another. (B) The offender is a public officer. (C) The offender takes a gift with a view to committing a crime in exchange. (D) The act which the offender agrees to perform or which he executes is connected with his official duties.

X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the circumstances? (A) X cannot plead praeter intentionem since the intent to kill is presumed from the killing of the victim. (B) X may plead praeter intentionem since he intended only to scare, not kill Z. (C) X may plead aberratio ictus as he had no intention to hit Z. (D) X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he fired his gun.

X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court employee, the act of receiving an expensive gift from one of the parties in a pending case. Because of this, Y accused X of libel. Does Y need to prove the element of malice in the case? (A) No, since malice is self-evident in the letter. (B) Yes, malice is not presumed since X wrote the letter to the presiding judge who has a duty to act on what it states. (C) No, since malice is presumed with respect to defamatory imputations. (D) Yes, since malice is not presumed in libel.

Removing, concealing or destroying documents to defraud another constitutes the crime of estafa if committed by (A) any public officer. (B) a public officer officially entrusted with the document. (C) private individuals who executed the same. (D) private individuals.

Ana visited her daughter Belen who worked as Caloy's housemaid. Caloy was not at home but Debbie, a casual visitor in the house, verbally maligned Belen in Ana's presence. Irked, Ana assaulted Debbie. Under the circumstances, dwelling is NOT regarded as aggravating because? (A) Dwelling did nothing to provoke Ana into assaulting Debbie. (B) Caloy, the owner of the house, was not present. (C) Debbie is not a dweller of the house. (D) Belen, whom Debbie maligned, also dwells in the house.

An extenuating circumstance, which has the same effect as a mitigating circumstance, is exemplified by? (A) the mother killing her 2-day old child to conceal her dishonor. (B) the accused committing theft out of extreme poverty. (C) the accused raping his victim in extreme state of passion. (D) the accused surrendering the weapon he used in his crime to the authorities.

W allowed a man to have sex with her thinking that he was her husband. After realizing that the man was not her husband, W stabbed him to death. Under the circumstances, the mitigating circumstance in attendance constitutes? (A) defense of honor. (B) immediate vindication of a grave offense. (C) passion or obfuscation. (D) self-defense.

X inflicted violent kicks on vital parts of E's body. E nevertheless was able to flee for fear of his life. Refusing to undergo treatment for his injuries, E died 3 days later. Is X liable for E's death? (A) No, since kicks on the body cannot cause death. (B) No, since it took too long for death to occur. (C) Yes, since E cannot be compelled to undergo medical treatment. (D) Yes, since it was a natural result of the injuries X inflicted on E.

A proposal to commit a felony is punishable only when the law specifically provides a penalty for it as in the case of proposal to commit? (A) rebellion. (B) sedition. (C) espionage. (D) highway robbery.

When a penal law is absolutely repealed such that the offense is decriminalized, a pending case charging the accused of the repealed crime is to be (A) prosecuted still since the charge was valid when filed. (B) dismissed without any pre-condition. (C) dismissed provided the accused is not a habitual delinquent. (D) prosecuted still since the offended party has a vested interest in the repealed law.

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.

The prescriptive period for bigamy is 15 years counted from the date of the? (A) discovery of the second marriage by the offended spouse. (B) registration of the second marriage in the Local Civil Registry. (C) celebration or solemnization of the second marriage. (D) discovery of the second marriage by the authorities.

Which of the following circumstances of dishonor of a check can be a basis for prosecution under the bouncing checks law? (A) The check was returned unpaid with stamp “stop payment,” although the drawer's deposit was sufficient. (B) The check, drawn and issued in the Philippines, was dishonored by the drawee bank in a foreign country. (C) The check was presented to the bank for payment 6 months after the date of issue. (D) The drawer of the dishonored check paid its value within 5 days from notice of dishonor.

A private person who assists the escape of a person who committed robbery shall be liable (A) as a principal to the crime of robbery. (B) as an accessory to the crime of robbery. (C) as a principal to the crime of obstruction of justice. (D) as an accessory to the crime of obstruction of justice.

A crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is called (A) dolo. (B) culpa. (C) tortious crimes. (D) quasi delict.

X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he died. Is X criminally liable for the death of Y? (A) Yes because the delay did not break the causal connection between X's felonious act and the injuries sustained by Y. (B) Yes because any intervening cause between the infliction of injury and death is immaterial. (C) No because the infliction of injury was not the immediate cause of the death. (D) No because the delay in the administration of the medical treatment was an intervening cause.

What court has jurisdiction when an Indonesian crew murders the Filipino captain on board a vessel of Russian registry while the vessel is anchored outside the breakwaters of the Manila bay? (A) The Indonesian court. (B) The Russian court. (C) The Philippine court. (D) Any court that first asserts jurisdiction over the case.

X, a police officer, placed a hood on the head of W, a suspected drug pusher, and watched as Y and Z, police trainees, beat up and tortured W to get his confession. X is liable as? (A) an accomplice in violation of the Anti-Torture Act. (B) a principal in violation of the Anti-Torture Act. (C) a principal in violation of the Anti-Hazing Law. (D) an accomplice in violation of the Anti-Hazing Law.

A child in conflict with the law shall enjoy all the rights of a child until? (A) he is found to have acted with discernment. (B) his minority is set off by some aggravating circumstance. (C) he is proved to be 18 years or older. (D) he forfeits such rights by gross misconduct and immorality.

Culpa can either be a crime by itself or a mode of committing a crime. Culpa is a crime by itself in? (A) reckless imprudence resulting in murder. (B) medical malpractice. (C) serious physical injuries thru reckless imprudence. (D) complex crime of reckless imprudence resulting in serious physical injuries.

In an attempted felony, the offender's preparatory act? (A) itself constitutes an offense. (B) must seem connected to the intended crime. (C) must not be connected to the intended crime. (D) requires another act to result in a felony.

X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y but also Z who was in the store. As a case of aberratio ictus, it is punishable as a? (A) complex crime proper. (B) special complex crime. (C) continuing crime. (D) compound crime.

To mitigate his liability for inflicting physical injury to another, an accused with a physical defect must prove that such defect restricted his freedom of action and understanding. This proof is not required where the physical defect consists of? (A) a severed right hand. (B) complete blindness. (C) being deaf mute and dumb. (D) a severed leg.

Dr. Chow, a government doctor, failed to submit his Daily Time Record (DTR) from January to March 2000 and did not get approval of his sick leave application for April because of evidence that he was actually moonlighting elsewhere. Thus, the medical Director caused the withholding of his salary for the periods in question until he submitted his DTRs in May 2000. Can Dr. Chow prosecute the medical director for causing him undue injury in violation of the Anti-Graft and Corrupt Practices Act? (A) Yes, since the medical Director acted with evident bad faith. (B) No, since the medical director has full discretion in releasing the salary of government doctors. (C) Yes, since his salary was withheld without prior hearing. (D) No, since Dr. Chow brought it upon himself, having failed to submit the required DTRs.

Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from rival fraternities, they all carry guns wherever they go. One night, after attending a party, they boarded a taxicab, held the driver at gunpoint and took the latter's earnings. (a) What crime, if any, did the four commit? Enumerate the elements of the crime.

Because of the barbarity and hideousness of the acts committed by the suspects/respondents in cutting off their victims' appendages, stuffing their torsos, legs, body parts into oil drums and bullet-riddled vehicles and later on burying these oil drums and vehicles with the use of backhoes and other earth-moving machinery, the Commission on Human Rights (CHR) investigating team recommended to the panel of public prosecutors that all respondents be charged with violation of the “Heinous Crimes Law.” The prosecution panel agreed with the CHR. As the Chief Prosecutor tasked with approving the filing of the Information, how will you pass upon the recommendation? Explain.

What is the crime of qualified bribery?

Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from rival fraternities, they all carry guns wherever they go. One night, after attending a party, they boarded a taxicab, held the driver at gunpoint and took the latter's earnings. (b) Would your answer be the same if they killed the driver? Explain.

A killed his wife and buried her in their backyard. He immediately went into hiding in the mountains. Three years later, the bones of A's wife were discovered by X, the gardener. Since X had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the caretaker, found the bones and reported the matter to the police. After 15 years of hiding, A left the country but returned three years later to take care of his ailing sibling. Six years thereafter, he was charged with parricide but raised the defense of prescription. (a) Under the Revised Penal Code, when does the period of prescription of a crime commence to run?

Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food on the table, Jack started hitting Jill, only to apologize the following day. A week later, the same episode occurred — Jack came home drunk and started hitting Jill. Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to give Jack another chance. After several days, however, Jack again came home drunk. The following day, he was found dead. Jill was charged with parricide but raised the defense of “battered woman syndrome.” (b) What are the three phases of the “Battered Woman Syndrome”?

A killed his wife and buried her in their backyard. He immediately went into hiding in the mountains. Three years later, the bones of A's wife were discovered by X, the gardener. Since X had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the caretaker, found the bones and reported the matter to the police. After 15 years of hiding, A left the country but returned three years later to take care of his ailing sibling. Six years thereafter, he was charged with parricide but raised the defense of prescription. (c) Is A's defense tenable? Explain.

Paul lives with his long-time girlfriend Joan in a condominium in Makati. For more than a year, he has been secretly saving money in an envelope under their bed to buy her an engagement ring. One day, while Joan was cleaning their room, she found the envelope, took the money, and left Paul. As prosecutor, what crime, if any, would you charge Joan? Explain.

What is the doctrine of pro reo? How does it relate to Article 48 of the Revised Penal Code?

May a public officer charged under Section 3(b) of Republic Act No. 3019 [“directly or indirectly requesting or receiving any gift, present, share, percentage or benefit, for himself or for any other person, in connection with any contract or transaction between the government and any other party, wherein the public officer in his official capacity has to intervene under the law”] also be simultaneously or successively charged with direct bribery under Article 210 of the Revised Penal Code? Explain.

While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was going back to the province to marry her childhood sweetheart. Clouded by anger and jealousy, Romeo strangled Dulcinea to death while she was sleeping in the maid's quarters. The following day, Romeo was found catatonic inside the maid's quarters. He was brought to the National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable. Charged with murder, Romeo pleaded insanity as a defense. (b) What is the effect of the diagnosis of the NCMH on the case?

Angelina maintains a website where visitors can give their comments on the posted pictures of the goods she sells in her exclusive boutique. Bettina posted a comment that the red Birkin bag shown in Angelina's website is fake and that Angelina is known to sell counterfeit items. Angelina wants to file a case against Bettina. She seeks your advice. What advice will you give her?

An agonizing and protracted trial having come to a close, the judge found A guilty beyond reasonable doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and ONE (1) DAY of prision mayor. The public prosecutor objected to the sentence on the ground that the proper penalty should have been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal. The defense counsel chimed in, contending that application of the Indeterminate Sentence Law should lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE (1) DAY of prision correccional only. Who of the three is on the right track? Explain.

Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty of possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs under Section 12 of Republic Act No. 9165. Matt filed a petition for probation. Jeff appealed his conviction, during the pendency of which he also filed a petition for probation. The brothers' counsel argued that, they being first-time offenders, their petitions for probation should be granted. How would you resolve the brothers' petitions for probation? Explain.

Proserna, an assistant public high school principal, acted to facilitate the release of salary differentials and election duty per diem of classroom teachers with the agreement that they would reimburse her for her expenses. Did Proserna commit a crime? Explain.

While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was going back to the province to marry her childhood sweetheart. Clouded by anger and jealousy, Romeo strangled Dulcinea to death while she was sleeping in the maid's quarters. The following day, Romeo was found catatonic inside the maid's quarters. He was brought to the National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable. Charged with murder, Romeo pleaded insanity as a defense. (a) Will Romeo's defense prosper? Explain.

Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food on the table, Jack started hitting Jill, only to apologize the following day. A week later, the same episode occurred — Jack came home drunk and started hitting Jill. Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to give Jack another chance. After several days, however, Jack again came home drunk. The following day, he was found dead. Jill was charged with parricide but raised the defense of “battered woman syndrome.” (a) Define “Battered Woman Syndrome.”

The president, treasurer, and secretary of ABC Corporation were charged with syndicated estafa under an Information alleging that, conspiring and confederating together in a syndicated manner through a corporation registered with the Securities and Exchange Commission (SEC), with intent to gain and by means of fraud and deceit, they defrauded Virna, Lana, Deborah and several other persons by falsely representing that they were in a legitimate business of foreign exchange trading operating under the name and style of ABC Corporation and DEF Management Philippines, Incorporated, and thereby induced and succeeded in inducing the complainants and several other persons to give and deliver to the accused at least P20,000,000.00, the accused knowing fully well that the said corporations were not licensed nor authorized to engage in foreign exchange trading, to the damage and prejudice of the complainants, the defraudation pertaining to funds solicited from the public in general. Will the case for syndicated estafa prosper? Explain.

Because peace negotiations on the Spratlys situation had failed, the People's Republic of China declared war against the Philippines. Myra, a Filipina who lives with her Italian expatriate boyfriend, discovered e-mail correspondence between him and a certain General Tung Kat Su of China. On March 12, 2010, Myra discovered that on even date her boyfriend had sent an e-mail to General Tung Kat Su, in which he agreed to provide vital information on the military defense of the Philippines to the Chinese government in exchange for P1 million and his safe return to Italy. Two weeks later, Myra decided to report the matter to the proper authorities. Did Myra commit a crime? Explain.

Define Money Laundering. What are the three (3) stages in money laundering?

On her way home, Eva Marie saw an injured chow chow puppy behind a bush. Since the puppy did not have a collar, she brought it home so she could have it as a pet. Her son in fact begged Eva Marie to keep the puppy. The following day, Eva Marie bought a collar for the puppy and brought it to a veterinarian for treatment. (a) Did Eva Marie incur criminal liability in bringing the puppy home as a pet? Explain.

There being probable cause to believe that certain deposits and investments in a bank are related to an unlawful activity of smuggling by Alessandro as defined under Republic Act (RA) No. 9160, as amended (Anti-Money Laundering Act), an application for an order to allow inquiry into his deposit was filed with the Regional Trial Court. After hearing the application, the court granted the application and issued a freeze order. Pass upon the correctness of the court's order. Explain.

A asked financial support from her showbiz friend B who accommodated her by issuing in her favor a postdated check in the sum of P90,000.00. Both of them knew that the check would not be honored because B's account had just been closed. The two then approached trader C whom they asked to change the check with cash, even agreeing that the exchange be discounted at P85,000.00 with the assurance that the check shall be funded upon maturity. Upon C's presentment of the check for payment on due date, it was dishonored because the account had already been closed. What action/s may C commence against A and B to hold them to account for the loss of her P85,000.00? Explain.

A widower of ten years, septuagenarian Canuto felt that he had license to engage in voyeurism. If not peeping into his neighbors' rooms through his powerful single-cylinder telescope, he would trail young, shapely damsels along the hallways of shopping malls. While going up the escalator, he stayed a step behind a mini-skirted one, and in a moment of excitement, put his hand on her left hip and massaged it. The damsel screamed and hollered for help. Canuto was apprehended and brought up on inquest. What charge/s, if any, may he be held responsible for? Explain.

Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food on the table, Jack started hitting Jill, only to apologize the following day. A week later, the same episode occurred — Jack came home drunk and started hitting Jill. Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to give Jack another chance. After several days, however, Jack again came home drunk. The following day, he was found dead. Jill was charged with parricide but raised the defense of “battered woman syndrome.” (c) Would the defense prosper despite the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code? Explain.

A killed his wife and buried her in their backyard. He immediately went into hiding in the mountains. Three years later, the bones of A's wife were discovered by X, the gardener. Since X had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the caretaker, found the bones and reported the matter to the police. After 15 years of hiding, A left the country but returned three years later to take care of his ailing sibling. Six years thereafter, he was charged with parricide but raised the defense of prescription. (b) When is it interrupted?

Arlene is engaged in the buy and sell of used garments, more popularly known as “ukay-ukay.” Among the items found by the police in a raid of her store in Baguio City were brand-new Louie Feraud blazers. Arlene was charged with “fencing.” Will the charge prosper? Why or why not?

A, B and C are members of SFC Fraternity. While eating in a seaside restaurant, they were attacked by X, Y and Z, members of a rival fraternity. A rumble ensued in which the above-named members of the two fraternities assaulted each other in a confused and tumultuous manner resulting in the death of A. As it cannot be ascertained who actually killed A, the members of the two fraternities who took part in the rumble were charged for death caused in a tumultuous affray. Will the charge prosper? Explain.

Immediately after murdering Bob, Jake went to his mother to seek refuge. His mother told him to hide in the maid's quarters until she finds a better place for him to hide. After two days, Jake transferred to his aunt's house. A week later, Jake was apprehended by the police. Can Jake's mother and aunt be made criminally liable as accessories to the crime of murder? Explain.

On her way home, Eva Marie saw an injured chow chow puppy behind a bush. Since the puppy did not have a collar, she brought it home so she could have it as a pet. Her son in fact begged Eva Marie to keep the puppy. The following day, Eva Marie bought a collar for the puppy and brought it to a veterinarian for treatment. (b) Did she incur civil liability? Explain.

May a judge be charged and prosecuted for such felony? How about a public prosecutor? A police officer? Explain.

Suspecting that her husband of twenty years was having an affair, Leilanie hired a private investigator to spy on him. After two weeks, the private investigator showed Leilanie a video of her husband having sexual intercourse with another woman in a room of a five-star hotel. Based on what she saw on the video, Leilanie accused her husband of concubinage. Will the case of concubinage prosper? Explain.