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Sample Crimlaw Questions

Jun 02, 2018

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    BOOK ONE, TITLE ONE & TWO

    (1) What are the three cardinal features or main characteristics ofCriminal La! "i#e the e$ce%tions thereto (1'' ar *uestion+ --.red notes)

    /N0WE2The three cardinal principles or characteristics of criminal law are:(a) GENERALITY. Criminal laws appl to all persons who commit crimes in

    !hilippine territor" re#ardless of their nationalit" #ender" a#e or otherpersonal circ$mstances. E%ceptions to this are treat stip$lations" lawsof preferential application" and principles of p$&lic international laws.

    (&) TERRIT'RIALITY. Criminal laws appl to all offenses committed within!hilippine territor. E%ceptions to this r$le are those fo$nd in Art. ofthe R!C which proides for e%traterritorial *$risdiction of o$r co$rts.

    (c) !R'+!ECTI,ITY. !enal laws cannot ma-e an act p$nisha&le in amanner in which it was not p$nisha&le when committed. E%ception to

    this r$le is wheneer a new stat$te dealin# with a crime esta&lishesconditions more lenient or faora&le to the acc$sed" it can &e #ienretroactie effect. oweer" this e%ception has no application: /) wherethe new law is e%pressl made inapplica&le to pendin# actions ore%istin# ca$ses of action and0 ) where the offender is a ha&it$alcriminal $nder Art. 1" R!C.

    () 3istin4uish moti#e from intent (1''5+ 1'''+ --. red notes)

    /N0WE: 2otie is the reason which impels one to commit an act for adefinite res$lt while intent is the p$rpose to $se a partic$lar means to

    effect s$ch res$lt. Intent is an element of the crime (e%cept in $nintentionalfelonies)" whereas motie is not.

    (6) What do 7ou understand 7 aberratio ictus, error in personae andpraeter intentionem! 3o the7 alter the criminal liailit7 of theaccused! (1''+ 1''6+ 1''8+ 1''')

    /N0WE: Aberratio ictusor mista-e in the &low occ$rs when the offenderdeliered the &low at his intended ictim &$t missed" and instead s$ch&low landed on an $nintended ictim. The sit$ation #enerall &rin#s a&o$tcomple% crimes where from a sin#le act" two or more #rae or less #raefelonies res$lted" namel the attempt a#ainst the intended ictim and theconse3$ences on the $nintended ictim. As comple% crimes" the penaltfor the more serio$s crime shall &e the one imposed and in the ma%im$mperiod. It is onl when the res$ltin# felonies are onl li#ht that comple%crimes do not res$lt and the penalties are to &e imposed distinctl for eachres$ltin# crime.

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    Error in personae or mista-e in identit occ$rs when the offenderact$all hit the person to whom the &low was directed &$t t$rned o$t to &edifferent from and not the ictim intended. The criminal lia&ilit of theoffender is not affected" $nless the mista-e in identit res$lted to a crimedifferent from what the offender intended to commit" in which case the

    lesser penalt &etween the crime intended and the crime committed shall&e imposed &$t in the ma%im$m period (Art. 45" R!C).

    Praeter intentionem or where the conse3$ence went &eond thatintended or e%pected. This is a miti#atin# circ$mstance (Art. /6" par. 6"R!C) when there is a notorio$s disparit &etween the act or meansemploed & the offender and the res$ltin# felon" i.e." the res$ltin# felonco$ld not &e reasona&l anticipated or foreseen & the offender from theact or means emploed & him.

    (8) 3istin4uish mala in se from mala %rohiita (1'+ 1''9+ 1''+ --1+

    --6+)

    /N0WE: Mala in se is a wron# from its er nat$re" as most of thosep$nished in the R!C. ence" in its commission" intent is an element and#ood faith is a defense. The test to determine whether an offense is malain se is not the law p$nishin# it &$t the er nat$re of the act itself.

    'n the other hand" an act mala prohibita is a wron# &eca$se it isprohi&ited & law. 7itho$t the law p$nishin# the act" it cannot &econsidered a wron#. ence" the mere commission of that act is whatconstit$tes the offense p$nished and criminal intent will &e immaterial forreason of p$&lic polic.

    (.) : elo%ed ith ; Whereu%on, :

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    9nder the circ$mstances" it cannot &e said that " in his efforts topreent Y from #oin# down the ho$se to hae enco$nter with his father" &ta-in# hold of Y;s waist and p$llin# the hand of

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    If 7ou ere the %onente, ho ill 7ou decide the a%%eal! ('8ar *uestion)

    /N0WE: If I were the ponente" I will set aside the *$d#ment conictin# the

    acc$sed of attempted m$rder and instead find them #$ilt of impossi&lecrime $nder Art. 4" par. " R!C" in relation to Art. >5" R!C. Lia&ilit forimpossi&le crime arises not onl when the impossi&ilit is le#al" &$tli-ewise when it is fact$al or phsical impossi&ilit as in the case at &ar.Elsa;s a&sence from the ho$se is a phsical impossi&ilit which rendersthe crime intended inherentl incapa&le of accomplishment. To conict theacc$sed of attempted m$rder wo$ld ma-e Art. 4" par. practicall $selessas all circ$mstances which preented the cons$mmation of the offensewill &e treated as an incident independent of the actor;s will which is anelement of attempted or fr$strated felon. (-$#O VS CA, '1/ SCRA /')

    () 3istin4uish eteen ustif7in4 and e$em%tin4 circumstances (' ar*uestion)

    /N0WE: In *$stifin# circ$mstances:

    a) The circ$mstances affects the act" not the actor0

    &) The act is done within le#al &o$nds" hence considered as not acrime0

    c) +ince the act is not a crime" there is no criminal0

    d) There &ein# no crime nor criminal" there is no criminal nor ciillia&ilit.

    7hereas" in an e%emptin# circ$mstances:

    a) The circ$mstances affects the actor" not the act0

    &) The act is felonio$s and hence a crime &$t the actor actedwitho$t ol$ntariness0

    c) Altho$#h there is a crime" there is no criminal &eca$se theactor is re#arded onl as an instr$ment of the crime0

    d) There &ein# a wron# done &$t no criminal" there is ciil lia&ilit

    &$t no criminal lia&ilit.

    (') What is the doctrine of im%lied cons%irac7! (1'', --6 ar)

    /N0WE: The doctrine of implied conspirac holds two or more personsparticipatin# in the commission of a crime collectiel responsi&le andlia&le as co?conspirators altho$#h a&sent an a#reement to that effect"

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    when the act in concert" demonstratin# $nit of criminal intent and acommon p$rpose or o&*ectie. The e%istence of a conspirac shall &einferred or ded$ced from their criminal participation in p$rs$in# the crimeand th$s the act of one shall &e deemed the act of all.

    (1-) 3istin4uish eteen recidi#ism and *uasiArecidi#ism (' ar)

    /N0WE: In recidiism:

    a) The conictions of the offender are for crimes em&raced in thesame Title of the R!C0 and

    &) This circ$mstance is #eneric a##raatin# and therefore can &eoffset & an ordinar miti#atin# circ$mstance.

    7hereas in 3$asi?recidiism:

    a) The conictions are not for crimes em&raced in the same title ofthe R!C" proided that it is a felon that was committed & the offender&efore serin# sentence & final *$d#ment for another crime or whileserin# sentence for another crime0 and

    &) This circ$mstance is a special a##raatin# circ$mstance whichcannot &e offset & an miti#atin# circ$mstance.

    (11) In the eelr7 section of a i4 de%artment store, ulia snatcheda cou%le of racelets and %ut these in her %urse /t the store

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    In proocation" it is necessar that the proocation or threatimmediatel preceded the act" i.e." that there &e no interal of time&etween the proocation and the commission of the crime0 while inindication" the indication of the #rae offense ma &e pro%imate" whichadmits of an interal of time &etween the #rae offense done & the

    offended part and the commission of the crime & the acc$sed.

    (16) ?arita, hile coo>in4 at the >itchen of the Filla Nue#e Darm,as sur%rised 7 the a%%earance of ose, the accused, holdin4 a>nife ose dra44ed ?arita outside and rou4ht her toards a houseunder construction aout 1-- meters aa7 Once inside the house,ose %ushed ?arita to the floor, stoo% don in front of her, %o>ed the>nife at her throat and %inned her arms at her ac> Ge then raisedher dress and %ulled don his %ants /fterards, ose too> off?arita

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    /N0WE: 2ista-e of 8act is a misapprehension of fact on the part of theperson who ca$sed in*$r to another. e is not" howeer" criminall lia&le&eca$se he did not act with criminal intent. An honest mista-e of factdestros the pres$mption of criminal intent which arises $pon the

    commission of a felonio$s act. The re3$isites of 2ista-e of 8act are asfollows:/. That the act done wo$ld hae &een lawf$l had the facts &een as

    the acc$sed &elieed them to &e0. That the intention of the acc$sed in performin# the act sho$ld &e

    lawf$l.

    6. That the mista-e m$st &e witho$t fa$lt or carelessness on thepart of the acc$sed.

    (15) Is %rior a4reement to commit a crime necessar7 for thee$istence of cons%irac7! (--. red notes)

    /N0WE: N'" conspirac is present so lon# as the acts of the acc$sedclearl manifest a conc$rrence of the will and a common intent or desi#nto commit a crime. It ma &e inferred if it is proen that two or morepersons aimed their acts towards the accomplishment of the same$nlawf$l o&*ect" each doin# a part so that their acts altho$#h apparentlindependent? were in fact connected and cooperatie" th$s indicatin# acloseness of personal association and a conc$rrence of sentiment. This isalso -nown as the Boctrine of Implied Conspirac.

    Conspirac ma &e inferred from the acts of the acc$sed?? from the&e#innin#" d$rin# and after the crime?? which are indicatie of desi#n"concerted action and conc$rrence of sentiments. 'nce it is shown thatthere is conc$rrence in action or action in concert to achiee a criminaldesi#n" the act of one is deemed the act of all the conspirators. +PEOPLE(s. 3EL-PE, !.R. $o. 14'/0/. ecember 11, '00&

    (19) ?ar7ane had to suitors H Deli%e and Cesar 0he did noto%enl7 sho her %reference ut on to occasions, acce%ted Cesarin4student and could onl7 as> ?ar7 to see a mo#ie hich as declinedDeli%e felt insulted and made %lans to 4et e#en ith Cesar 7 scarin4him off someho One da7, he entered Cesare hich a%%eared to e realin Cesar%ac> Because Cesar had a ea> heart, he suffered aheart attac> u%on o%enin4 his ac>%ac> and seein4 the sna>e Cesardied ithout re4ainin4 consciousness The %olice in#esti4ationresulted in %in%ointin4 Deli%e as the cul%rit and he as char4ed ithGomicide for Cesarno aout Cesar heart and that he onl7 intended to %la7a %ractical o>e on Cesar

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    Is Deli%e liale for the death of Cesar or ill his defense%ros%er! Wh7! (--1 Bar)

    0=""E0TE3/N0WE: Yes" 8elipe is lia&le for the death of Cesar &$t he

    shall &e #ien the &enefit of the miti#atin# circ$mstance that he did notintend to commit so #rae a wron# as that which was committed (Art. /6"par. 6" R!C).

    7hen 8elipe intr$ded into Cesar;s room witho$t the latter;s consentand too- li&ert with the latter;s &ac-pac- where he placed the r$&&ersna-e" 8elipe was alread committin# a felon. And an act done & himwhile committin# a felon is no less wron#f$l" considerin# that the werepart of plans to #et een with Cesar.

    8elipe;s claim that he intended onl to pla a practical *o-e onCesar does not pers$ade" considerin# that the are not friends &$t in factrials in co$rtin# 2ar*ane. This case is parallel to the case of !eople s.!$#a" et al.

    /LTEN/TIFE /N0WE: No" 8elipe is not lia&le &eca$se the act offri#htenin# another is not a crime. 7hat he did ma &e wron#" &$t not allwron#s amo$nt to a crime. eca$se the act which ca$sed the death ofCesar is not a crime" no criminal lia&ilit ma arise therefrom.

    (1) Is direct %roof necessar7 to estalish cons%irac7! (--. reAee>)

    /N0WE: N'" direct proof is not necessar as conspirac ma &e proed &circ$mstantial eidence. It is eno$#h that at the time of the commission ofa crime" all the malefactors had the same p$rpose and was $nited in theire%ec$tion. 'nce esta&lished" all the conspirators are criminall lia&le asco?principals re#ardless of the de#ree of participation of each of them forin contemplation of the law0 the act of one is the act of all. +PEOPLE (s.

    A!E, !.R. $os. 1&)&)56)%, Ma7 '0, '004

    (1') 3istin4uish retaliation from selfAdefense

    /N0WE: In retaliation" the incept$al $nlawf$l a##ression had alreadceased when the acc$sed attac-ed him. In self?defense" the $nlawf$la##ression was still e%istin# when the a##ressor was in*$red or disa&led& the person ma-in# the defense. +PEOPLE (s. A$SS, !. R. $o.14*%)4. ul7 14, '00&

    (-) Is a sla% on the face an unlaful a44ression! (--. reAee>)

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    /N0WE: YE+" since the face represents a person and his di#nit.+lappin# the face of a person is a serio$s personal attac-0 it is a phsicalassa$lt" co$pled with a willf$l dis#race" na" a defiance" of an indiid$al;spersonalit0 and it ma" therefore" &e fre3$entl re#arded as placin# in realdan#er a person;s di#nit" ri#hts and safet. +R!AS (s. PEOPLE O3

    #8E P8-L-PP-$ES, !.R. $o. 14%%)*, anuar7 14, '004

    (1) Can the a44ra#atin4 circumstance of treacher7 e committedhen death is inflicted under e$ce%tional circumstances! (--. reAee>)

    /N0WE: N'" &eca$se inflictin# death $nder e%ceptional circ$mstances isnot a p$nisha&le act. Article 4D does not define or proide a specificcrime" &$t #rants a priile#e or &enefit to the acc$sed for the -illin# ofanother or the infliction of serio$s phsical in*$ries $nder thecirc$mstances therein mentioned. In effect therefore" Article 4D amo$nts

    to an e%emptin# circ$mstance. Not &ein# a p$nisha&le act" it cannot &e3$alified & either a##raatin# or miti#atin# or other 3$alifin#circ$mstances. +PEOPLE VS. A9ARCA, !.R. $o. L6%44&&, September14, 1*)%

    () Is the numer of ounds inflicted u%on the #ictim a test indeterminin4 hether the >illin4 as attended 7 the a44ra#atin4circumstance of cruelt7! (--. reAee>)

    /N0WE: N'. The n$m&er of wo$nds is not a test for determinin# cr$elt0 it

    is whether the offender deli&eratel and sadisticall a$#mented theictims phsical s$fferin#. Th$s" there m$st &e proof that the ictim wasmade to a#onie &efore the offender rendered the &low which sn$ffed o$this life. There m$st &e a showin# that he deli&eratel and inh$manlincreased the ictim;s phsical s$fferin#. +PEOPLE (s. 3LORE$O, !.R.$o. 1&5)4/. October ), '00&

    (1) What is the effect of death of the offender on his criminal and ci#illiailities!

    Beath of conict e%tin#$ishes criminal lia&ilit at an sta#e of theproceedin#0 ciil lia&ilit if death occ$rs &efore final *$d#ment. F8inal *$d#mentrefers to e%ec$tor *$d#ment. The reason is that the penalt re3$ires personalserice of sentence. If death occ$rs" there will &e no&od to sere the penalt forthe crime. (!eople s. aotas)

    () What are the effects of %ardon 7 the offended %art7!

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    It does not e%tin#$ish criminal lia&ilit. The onl e%ception is in Article 11?C of the R!C which re3$ires a alid marria#e &etween the rapist and the ictimto effect an e%tin#$ishment of criminal lia&ilit. $t ciil lia&ilit is e%tin#$ished &e%press waier of the offended part.

    (6) In ra%e cases, ill the %ardon of the %arents of the #ictim ithout theconcurrence of the minor #ictim herself e effecti#e!

    N'. There are a$thorities holdin# that pardon m$st &e #ranted not onl& the parents of an offended minor &$t also & the minor herself to &e effectieas an e%press pardon $nder Article 644 of the R!C.

    (8) When does a ud4ment of con#iction ecome final!

    /. 7hen no appeal is seasona&l perfected0

    . 7hen the acc$sed commences to sere the sentence0

    6. 7hen the ri#ht to appeal is e%pressl waied in writin#" e%cept wherethe death penalt was imposed & the trial co$rt0 and

    4. 7hen the acc$sed applies for pro&ation" there& waiin# his ri#ht toappeal.

    (.) What is the effect of an a%%eal of ud4ment of con#iction on the %oerof the resident to e$tend %ardon!

    An appeal &rin#s the entire case within the e%cl$sie *$risdiction of theappellate co$rt. A &ecomin# re#ard for the doctrine of separation of powersdemands that s$ch e%cl$sie a$thorit of the appellate co$rt &e f$ll respectedand -ept $nimpaired. ad not the present Constit$tion adopted the Fconiction& final *$d#ment limitation" the !resident co$ld" at an time and een witho$tthe -nowled#e of the co$rt" e%tend e%ec$tie clemenc to anone whom he in#ood faith or otherwise &eliees to merit presidential merc. There co$ld &e theris- not onl of a fail$re of *$stice &$t also a fr$stration of administration of *$sticein iew of the dero#ation of the *$risdiction of the trial or appellate co$rt. 7herethe !resident is not so preented & the Constit$tion" not een the Con#ress canimpose an restriction to preent a presidential foll.

    (5) What %rocedure should e folloed in the 4rant of %ardon to a con#ictho a%%ealed his ud4ment!

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    efore an appellant ma alidl #ranted pardon" he m$st first as- for thewithdrawal of his appeal" i.e." the appealed coniction m$st first &e &ro$#ht tofinalit. Accordin#l" the a#encies or instr$mentalities of the Goernmentconcerned m$st re3$ire proof from the acc$sed that he has not appealed from

    his coniction or that he has withdrawn his appeal. The acceptance of thepardon shall not operate as an a&andonment or waier of the appeal and therelease of an acc$sed & irt$e of a pardon" comm$tation of sentences" or parole&efore the withdrawal of an appeal shall render those responsi&le thereofadministratiel lia&le. Accordin#l" those in c$stod of the acc$sed m$st notsolel rel on the pardon as a &asis for the release of the acc$sed fromconfinement.

    (9) Is no#ation a means of e$tin4uishin4 criminal liailit7!

    N'. It is not a mode of e%tin#$ishin# criminal lia&ilit. It ma preent therise of criminal lia&ilit as lon# as it occ$rs !RI'R to the filin# of the criminalinformation in co$rt.

    () Will the %rinci%le of constructi#e notice 7 re4istration e a%%licale tothe crime of i4am7!

    N'. The principle of constr$ctie notice sho$ld not &e applied in re#ard tothe crime of &i#am as *$dicial notice ma &e ta-en of the fact that a &i#amo$smarria#e is #enerall entered into & the offender in secrec from the spo$se of

    the preio$s s$&sistin# marria#e. Also" a &i#amo$s marria#e is #enerallentered into a place where the offender is not -nown to &e still a married person"in order to conceal his le#al impediment to contract another marria#e. (!eoples. Rees" @$l/5=5)

    (') What is the effect of the dela7 in the re%ortin4 of crimes in its%rosecution!

    None. The law on prescription wo$ld &e meanin#less if we were to ieldto the proposition that dela in the prosec$tion wo$ld &e fatal to the +tate and theoffended parties. In fi%in# the different prescriptie periods on the &asis of the#rait of the penalt prescri&ed therefor" the law ta-es into acco$nt or allowsreasona&le delas in the prosec$tion thereof. (!eople s. Gecomo)

    (1-) ?a7 the 4rant of %ardon e suect to the re#ie of the courts!

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    N'. It is now well?entrenched r$le in this *$risdiction that this e%ercise ofpresidential *$d#ment is &eond *$dicial scr$tin. The determination of theiolation of the conditional pardon rests e%cl$siel in the so$nd *$d#ment of theChief E%ec$tie. The pardonee" hain# consented to place his li&ert onconditional pardon $pon the *$d#ment of the power that has #ranted it cannot

    ino-e the aid of the co$rt" howeer erroneo$s the findin#s ma &e $pon whichhis recommitment was ordered. (Tesoro s. Bir. of !risons)

    (11) What is the effect of ac*uittal of the accused in a criminal action!

    Ac3$ittal in a criminal action &ars the ciil action arisin# therefrom wherethe *$d#ment of ac3$ittal holds that:

    /. The acc$sed did not commit the acts imp$ted to him0. e was not #$ilt of criminal or ciil ne#li#ence.

    $t" his ac3$ittal will N'T &ar a ciil action in the followin# cases:

    /. 7here the ac3$ittal is &ased on reasona&le do$&t as onl apreponderance of eidence is re3$ired in ciil cases0

    . 7here the co$rt declared that acc$sed;s lia&ilit is not criminal &$t onlciil in nat$re0

    6. 7here the ciil lia&ilit does not arise from or is not &ased $pon thecriminal act of which the acc$sed was ac3$itted.

    An acc$sed ac3$itted of a criminal char#e ma neertheless &e held in thesame case ciill lia&le where the facts esta&lished & the eidence so warrants.

    (1) /B is a %ri#ate %erson en4a4ed in cattle ranchin4 One ni4ht, he saL? sta :; treacherousl7, then thro the dead man

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    (16) /BC as sentenced to death 7 final ud4ment But suse*uentl7 heas 4ranted %ardon 7 the resident The %ardon as silent on the%er%etual dis*ualification of /BC to hold an7 %ulic office /fter his

    %ardon, /BC ran for office as ?a7or of Tarlac, his hometon Gis o%%onentsou4ht to dis*ualif7 him /BC contended he is not dis*ualified ecause heas alread7 %ardoned 7 the resident unconditionall7 Is /BCless im%rudence resultin4 to %h7sical inuries Con#icted 7 the?T0, "u7 as sentenced to suffer a strai4ht %enalt7 of three months ofarresto mayor and ordered to indemnif7 3em7 in the sum of -,--- and to%a7 1-,--- as attorne7

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    lia&ilit if Alma &ased on the offense committed & her is not e%tin#$ished. Theestate of Lorna can contin$e the case.

    'n the other hand" if it were Alma who died pendin# the appeal of herconiction" her criminal lia&ilit shall &e e%tin#$ished and therewith the ciillia&ilit $nder the R!C (Art. =5" par. /" R!C). oweer" the claim for ciil

    indemnit ma &e instit$ted $nder the Ciil Cod (Art. //>D) if predicated on aso$rce of o&li#ation other than delict" s$ch as law" contracts" 3$asi?contracts and3$asi?delicts (!eople s. aotas).

    (1) What are the e$ce%tions to the 4eneral rule that in case of ac*uittal ofthe accused in a criminal case, his ci#il liailit7 is li>eise e$tin4uished!

    The e%ceptions are the followin#:

    /. 7hen the ciil action is &ased on o&li#ations not arisin# from the act

    complained of as a felon0

    . 7hen the ac3$ittal is &ased on reasona&le do$&t or ac3$ittal is on the#ro$nd that #$ilt has not &een proen &eond reasona&le do$&t (Art.5" NCC)0

    6. Ac3$ittal d$e to an e%emptin# circ$mstance li-e insanit0

    4. 7here the co$rt states in its *$d#ment that the case merel inoles aciil o&li#ation0

    >. 7here there was a proper reseration for the filin# of a separate ciilaction0

    1. In cases of independent ciil actions proided for in Arts. 6/" 6" 66and 64 of the Ciil Code0

    D. 7hen the *$d#ment of ac3$ittal incl$des a declaration that the factfrom which the ciil lia&ilit ma arise did not e%ist (+apiera s. CA)0

    =. 7here the ciil lia&ilit is not deried or &ased on the criminal act ofwhich the acc$sed is ac3$itted (+apiera s. CA).

    (1') One fateful ni4ht in anuar7 1''-, hile a fi#eA7ear old /lert asurinatin4 at the ac> of their house, he heard a stran4e noise comin4 fromthe >itchen of their nei4hor and %la7mate, /ra When he %ee%ed inside,he sa ?ina, /ra of her car and dri#e aa7 The dead od7 of /ra as ne#er found

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    ?ina s%read the nes in the nei4horhood that /ra ent to li#e ith her4rand%arents in Ormoc Cit7 Dor fear of his life, /lert did not tell an7oe,e#en his %arents and relati#es, aout hat he itnessed Tent7 and a half7ears after the incident, and ri4ht after his 4raduation in Criminolo47,/lert re%orted the crime to NBI authorities The crime of homicide

    %rescries in - 7ears Can the 0tate still %rosecute ?ina for the death of/ra des%ite the la%s of - & 7ears! E$%lain

    YE+" the +tate can till prosec$te 2ina for the death of Ara despite thelapse of H J ears. 9nder Article 5/" R!C" the period of prescriptioncommences to r$n from the da on which the crime is discoered & the offendedpart" the a$thorities or their a#ents. In the case at &ar" the commission of thecrime was -nown onl & Al&ert" who was not the offended part nor an a$thoritor an a#ent of an a$thorit. It was discoered & the NI a$thorities onl when

    Al&ert reealed to them the commission of the crime. ence" the period ofprescription of H ears for homicide commenced to r$n onl from the time Al&ert

    reealed the same to the NI a$thorities.

    (-) "i#e the rules on ci#il liailit7 in %articular cases

    A person insane" im&ecile" $nder 5" or oer 5 &$t $nder />:

    /. !rimar lia&ilit is on the person who has control or a$thorit oerthem" $nless he is witho$t fa$lt or ne#li#ence0

    . +econdar lia&ilit is on the propert of the minor or insane" if there &eno s$ch person" or if he is insolent" e%cept propert e%empt from

    lia&ilit.

    A person who aoided a #reater eil or in*$r (Art. //" par. 4):

    !rimar lia&ilit is on the one who &enefited from s$ch aoidance. If therewere seeral persons &enefited" the co$rt shall determine their proportionateshare.

    In irresisti&le force or $ncontrolla&le fear KArt. / (>) and (1):

    /. !rimar lia&ilit is on s$ch person emploin# the force or ca$sin# thefear0

    . +econdar lia&ilit is on the person doin# the act" sae for theirpropert e%empt from e%ec$tion.

    " No 15'-9 ?arch 1-, --5eo%le of the hili%%ines Fs icardo B ?iranda

    http://www.supremecourt.gov.ph/jurisprudence/2006/mar2006/G.R.%20No.%20169078.htmhttp://www.supremecourt.gov.ph/jurisprudence/2006/mar2006/G.R.%20No.%20169078.htmhttp://www.supremecourt.gov.ph/jurisprudence/2006/mar2006/G.R.%20No.%20169078.htm
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    M$estion: In /551" forci&l dra##ed Y inside the ho$se" remoed Y;s pantiesand proceeded to $ndress himself. tried to insert his penis into Y;s priate part&$t was not s$ccessf$l so he inserted his fin#er into her instead. 7hat crime did% committed and applin# the I+Law" what penalt sho$ld &e imposed to O

    Answer: Attempted rape. ;s act wo$ld hae constit$ted cons$mmated rapethro$#h se%$al assa$lt $nder Rep$&lic Act No. =6>6 or the Anti?Rape Law of/55D. oweer" since the offense occ$rred on Becem&er =" /551 or prior to theeffectiit of the Anti?Rape Law of /55D" the same finds no application in thiscase.

    7e now come to the penalt.

    9nder Article >/ of the Reised !enal Code" the penalt to &e imposed $ponpersons fo$nd #$ilt of an attempted crime is the penalt lower & two de#rees

    than that prescri&ed & law for the cons$mmated felon. The penalt forcons$mmated rape is death" p$rs$ant to Article 66> of the Reised !enal Code"as amended & Rep$&lic Act No. D1>5 or the Beath !enalt Law" since @olenewas &elow D ears old when raped. The penalt for attempted rape is reclusiontemporalwhich is two de#rees lower than that prescri&ed for cons$mmated rape.

    Applin# the Indeterminate +entence Law" the appellant ma &e sentenced to anindeterminate imprisonment penalt whose minim$m is within the ran#e of

    prision ma7or" that is" si% (1) ears and one (/) da to twele (/) ears andwhose ma%im$m shall &e within the ran#e of reclusion temporalin its medi$mperiod p$rs$ant to Article 14(/) of the Reised !enal Code" the ran#e of which isfo$rteen (/4) ears" ei#ht (=) months and one (/) da to seenteen (/D) ears

    and fo$r (4) months.

    " No 19-.5. anuar7 61, --5eo%le of the hili%%ines Fs Isidro Dlores 7 La4ua

    M: 2a the acc$sed or the co$rt waie the a$tomatic reiew of his case whereinthe death penalt was imposedO

    A: No" e%cept in criminal cases where the penalt imposed is reclusion perpetuaor death" all appeals to this Co$rt are not a matter of ri#ht &$t of so$nd *$dicialdiscretion. Conersel" appeal in criminal cases where the penalt of reclusion

    perpetuaor death is imposed" is a matter of ri#ht. This is speciall tr$e in deathpenalt cases where a reiew of the trial co$rt;s *$d#ment of coniction isa$tomatic and does not depend on the whims of the death conict. It ismandator and leaes the reiewin# co$rt witho$t an option.

    M: what is the rationale &ehind the Co$rt;s a$tomatic reiew of death penaltcasesO

    http://www.supremecourt.gov.ph/jurisprudence/2006/jan2006/G.R.%20No.%20170565.htmhttp://www.supremecourt.gov.ph/jurisprudence/2006/jan2006/G.R.%20No.%20170565.htmhttp://www.supremecourt.gov.ph/jurisprudence/2006/jan2006/G.R.%20No.%20170565.htm
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    A: The re3$irement that the +$preme Co$rt pass $pon a case in which capitalp$nishment has &een imposed & the sentence of the trial co$rt is one hain# forits o&*ect simpl and solel the protection of the acc$sed. ain# receied thehi#hest penalt which the law imposes" he is entitled $nder that law to hae thesentence and all the facts and circ$mstances $pon which it is fo$nded placed

    &efore the hi#hest tri&$nal of the land to the end that its *$stice and le#alit ma&e clearl and concl$siel determined. +$ch proced$re is mercif$l. It #ies asecond chance for life. Neither the courts nor the accused can ai#e it It is apositie proision of the law that &roo-s no interference and tolerates noeasions.

    " No LA696'5 /%ril 6-, 1'9'

    ?/CELINO LONTOK, , petitioner s. GON /LDE3O "O"ONIO, asresidin4 ud4e of the ?unici%al Court of 0an uan, iJal, respondent.

    M: 'n @an$ar H6" HH1" while was rec-lessl driin# his car" he &$mped apassen#er *eep and ca$sed dama#ed to it and also ca$sed phsical in*$ries tothree passen#ers who were incapacitated from performin# their c$stomar la&orfor a period of less than ten das. 'n 2a H6" HH1" information was filedchar#in# him the comple% crime of dama#e to propert and sli#ht phsicalin*$ries thro$#h rec-less impr$dence. Can &e tried on the said informationO

    A: sho$ld &e tried onl for dama#e to propert thro$#h rec-less impr$dence.As s$ch" it cannot &e comple%ed with the li#ht offense of sli#ht phsical in*$riesthro$#h rec-less impr$dence which had alread prescri&ed since that crimeprescri&es in si%t das.

    2oreoer" applin# article 4=" it follows that if one offense is li#ht" there is nocomple% crime. The res$ltin# offenses ma &e treated as a separate or the li#htfelon ma &e a&sor&ed & the #rae felon. Th$s" the li#ht felonies of dama#e topropert and sli#ht phsical in*$ries" &oth res$ltin# from a sin#le act ofimpr$dence" do not constit$te a comple% crime. The cannot &e char#ed in oneinformation. The are separate offenses s$&*ect to distinct penalties.

    " No 1.-88 ul7 6, --6

    3O?IN"O L/"O0/ and O0I/0 B/"=IN, petitioners"s. TGE EOLE OD TGE GILIINE0 and TGE GONO/BLE CO=T OD

    /E/L0, respondents.M: was fo$nd #$ilt of iolatin# +ection 1= of !.B. DH>" as amended (TheReised 8orestr Code)" for hain# in their possession forest prod$cts witho$tthe re3$isite permits. The trial co$rt sentenced them to s$ffer the indeterminatepenalt of imprisonment from two () ears" fo$r (4) months and one (/) da ofprision correccional" as minim$m" to ei#ht (=) ears of prision maor" asma%im$m. appealed the decision to the CA which affirmed ;s coniction &$tred$ced the penalt to an indeterminate penalt ran#in# from si% (1) months and

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    one (/) da of prision correccional" as minim$m" to one (/) ear" ei#ht (=) monthsand twent one (/) das of prision correccional" as ma%im$m.. then filed anapplication for pro&ation ar#$in# that he onl &ecame eli#i&le for pro&ation afterthe CA modified the *$d#ment of the trial co$rt and red$ced the ma%im$m term ofthe penalt imposed. 7ill ;s application for pro&ation &e #rantedO

    A: No" hain# appealed from the *$d#ment of the trial co$rt and hain# appliedfor pro&ation onl after the Co$rt of Appeals had affirmed their coniction" wasclearl precl$ded from the &enefits of pro&ation.

    8or s$re" neer manifested that he was appealin# onl for the p$rpose ofcorrectin# a wron# penalt to red$ce it to within pro&ationa&le ran#e. ence"$pon interposin# an appeal" more so after assertin# his innocence therein" sho$ld &e precl$ded from see-in# pro&ation. perfectin# his appeal" ipsofacto relin3$ished the alternatie remed of aailin# of the !ro&ation Law" thep$rpose of which is simpl to preent spec$lation or opport$nism on the part of

    an acc$sed who" altho$#h alread eli#i&le" does not at once appl for pro&ation"&$t did so onl after failin# in his appeal.

    !ro&ation ma &e #ranted whether the sentence imposes a term of imprisonmentor a fine onl. An application for pro&ation shall &e filed with the trial co$rt. Thefilin# of the application shall &e deemed a waier of the ri#ht to appeal.

    An order #rantin# or denin# pro&ation shall not &e appeala&le.

    9nder +ection 5 (a) of the !ro&ation Law" offenders who are sentenced to serea ma%im$m term of imprisonment of more than si% ears are dis3$alified fromsee-in# pro&ation.

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    'ne of the elements of the crime of sedition is that" the offenders riset$m$lt$o$sl0 and as esta&lished & *$rispr$dence" it is t$m$lt$o$s when it isca$sed & more than three (6) persons who are armed or proided with themeans of iolence. +$ch circ$mstance does not appear in the case. ence" thereis no sedition.

    9nder the law" not the leaders onl of the co$p d;etat andPor sedition arelia&le &$t also those who participate in the crime li-e the allies in the case. $twhere there is in fact neither the crime of co$p d;etat nor of sedition" nat$rall"the participants will not inc$r an criminal lia&ilit. (Art. /64?A" /6>" /65" R!C)

    6 OBLE?After a heated ar#$ment" en#a#ed in a fist fi#ht with Y in which the

    former s$ffered a c$t in the forehead. Incidentall" when ran for maor" Y was apoll official in the localit. 9nfort$natel" lost in the maoralt race. 7hen chanced $pon Y" he tho$#ht of ta-in# reen#e on the latter for the in*$r he

    s$ffered d$rin# their fist fi#ht. hit Y;s head with a hardwood" ca$sin# the latterto fall $nconscio$s. was then char#ed with direct assa$lt. Is the char#e properO

    0=""E0TE3 /N0WEYes" the char#e for direct assa$lt is proper. Altho$#h the act of in hittin#

    Y;s head was not & reason of the latter;s performance of d$t as an electionofficer" the act falls s3$arel within the am&it of direct assa$lt in the first form" i.e"witho$t p$&lic $prisin#" & emploin# force or intimidation for the attainment ofan of the p$rposes en$merated in definin# the crimes of sedition and re&ellion0and one of the o&*ects of sedition is to inflict an act of hate or reen#e $pon theperson or propert of an p$&lic officerPemploee. 9nder the crime of direct

    assa$lt in the first form" the law does not re3$ire that the infliction or attac- is &reason or on the occasion of the performance & the ictim of an official d$t. It iseno$#h that the attac- $pon the p$&lic officer or emploee is to inflict an act ofhate or reen#e. (Art. /4=" R!C)

    8 OBLE?ri#adier?General Banilo Lim heads an elite +co$t Ran#er $nit. In

    conspirac with other militar officers" he planned and decided to lead his men toan opposition rall and call for !resident Arroo;s resi#nation. e was thenarrested and char#ed with conspirac to commit co$p d;etat. If o$ were the

    *$d#e" wo$ld o$ conict Gen. Lim and his co?conspiratorsO 7h or wh notO

    0=""E0TE3 /N0WEIf I were the *$d#e" I will not conict Gen. Lim and his co?conspirators of

    the crime of conspirac to commit co$p d;etat. 7hile Gen. Lim" a person&elon#in# to the militar" is act$all in conspirac with other militar officers" andtheir conspirac is directed a#ainst a d$l constit$ted a$thorit of the !hilippines"

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    in order to diminish if not to seie state power" their conspirac was onl to sta#ea rall that wo$ld call for the resi#nation of the !resident. It was not a conspiracto ma-e a swift attac-" accompanied & iolence" intimidation" threat" strate#" orstealth as in co$p d;etat.

    ence" conspirac to commit co$p d;etat was not committed. (Art. /61"

    R!C)

    . OBLE?A war &etween !hilippines and China was declared as the latter so$#ht to

    inade the co$ntr. 2em&ers of the Chinese arm then &o$#ht &anda#es from adr$#store owned & @$an. 7hen the !hilippine arm fo$nd o$t" @$an waschar#ed and later on conicted of treason. 7as his coniction properO

    0=""E0TE3 /N0WE

    No" the coniction was improper. The second mode of committin# thecrime of treason re3$ires &oth adherence to the enemies and #iin# of aid orcomfort. And as esta&lished & *$rispr$dence" there is Fadherence to enemwhen there is intent to &etra or the offender intellect$all or emotionall faorsthe enem and har&ors smpathies or conictions disloal to his co$ntr;sinterest.

    In the case" while the sale of the &anda#es ma constit$te #iin# of aid orcomfort" there is no eidence that as well" @$an adhered to the enemies. Thearticles sold & @$an" not &ein#per se" for war p$rposes" the sale is not indicatieof the intention of @$an to har&or smpathies to the enem. (Art. //4" R!C0!eople s. A#oncillo" =H !hil 66)

    5 OBLE?!riate 8irst?Class 2anatad was #$nned down & = men while mannin# a

    traffic. Bas later" police officers arrested Rodri#o and Edwin in a safeho$se ofthe New !eople;s Arm (N!A) +parrow 9nit. Rodri#o confessed that he and the#ro$p of Edwin -illed !fc. 2anatad. e li-ewise admitted that he and Edwin weremem&ers of the +parrow 9nit and that the $ndertoo- the -illin# of !fc. 2anatad$pon the orders of their re&el commander.

    +ho$ld Rodri#o and Edwin &e conicted of direct assa$lt with m$rderO

    0=""E0TE3 /N0WENo. 7here the acc$sed admitted his mem&ership in the N!A and the

    -illin# of an a#ent of a person in a$thorit" the crime committed is not directassa$lt with m$rder &$t re&ellion. +ince the -illin# was made p$rs$ant to theorder of a re&el commander" the crime was politicall motiated" in that the samewas committed in f$rtherance of re&ellion. Crimes committed in f$rtherance ofre&ellion are deemed a&sor&ed therein and are not p$nisha&le separatel.

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    The crime of re&ellion consists of a ast moement of men and acomple% net of intri#$es and plots. Acts committed in thef$rtherance of re&ellion tho$#h crimes in themseles are deemeda&sor&ed in one sin#le crime of re&ellion. It cannot &e made the&asis of a separate char#e. (!eople s. Basi#" / +CRA >45)

    9 OBLE?B$rin# the 2a HH4 elections" fie persons" armed with #$ns and -nies"

    attac-ed a *eepne wherein ei#ht policemen" the chief of police" and otherpassen#ers were ridin#. Two policemen" the *eepne drier and two childrenwere -illed while two policemen were wo$nded. The acc$sed were char#ed withthe crime of sedition with m$ltiple m$rder and do$&le fr$strated m$rder. Becide.

    0=""E0TE3 /N0WE

    The acc$sed cannot &e conicted of sedition. To constit$te sedition" theact m$st &e shown to hae &een done in attainment of an of the followin#p$rposes:

    /. to preent the prom$l#ation or e%ec$tion of an law or the holdin# ofan pop$lar election0

    . to preent the national #oernment" or an proincial or m$nicipal#oernment" or an p$&lic officer thereof from freel e%ercisin# its orhis f$nctions" or preent the e%ec$tion of an administratie order0

    6. to inflict an act of hate or reen#e $pon the person or propert of anp$&lic officer or emploee0

    4. to commit" for an political or social end" an act of hate or reen#e

    a#ainst priate persons or an social class0 and>. to despoil" for an political or social end" an person" m$nicipalit orproince" or the national #oernment of all its propert or an partthereof.

    In the a&oe case" the p$rpose of the attac- was not shown. A&sent ans$ch showin#" the act cannot &e considered as sedition. (Art. /65" R!C)

    OBLE?7hile patrollin#" 2a*or 2enor &lew his whistle to stop a car which wron#l

    entered a one?wa street. After demandin# from the drier L$ $a her drier;slicense" 2enor as-ed her to follow him to the police precinct. 9pon arriin# there"2enor #ae instr$ctions to another officer to #$ard L$ $a in one of the roomsand not to let her o$t of si#ht $ntil he ret$rns. Then he #ot the car -e from Lo$a. In the meantime" the latter was not allowed to ma-e an phone calls &$twas #ien food and access to the &athroom.

    7hat criminal offense has 2enor committedO E%pain.

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    0=""E0TE3 /N0WE2enor committed ar&itrar detention" he &ein# a p$&lic officer who

    detained a person witho$t le#al #ro$nd. ,iolation of traffic ordinance & enterin#one?wa street is not a alid reason to arrest and detain the drier. +$ch onl

    merits the iss$ance of a traffic iolation tic-et. ence" when Lo $a was orderedto follow the police officers to the precinct (confiscatin# her license to compel herto do so) and confinin# her in a room for two das and prohi&itin# her to ma-ephone calls" is a clear case of depriation of personal li&ert. Giin# her food andaccess to the &athroom will not e%tin#$ish or miti#ate the criminal lia&ilit.

    ' OBLE?Tse +i Y$an is a Taiwanese citien who esta&lished his residence in !asa

    Cit. e was elected president of an association composed of Taiwanese

    nationals residin# in the !hilippines. 7hen China declared war a#ainst the!hilippines" Tse +i Y$an secretl #athered his mem&ers in a meetin# in order todisc$ss effectie means of disarmin# the 8ilipino forces and cripplin# theirreso$rces as a means of helpin# the Chinese win their &attle . If o$ were theprosec$tor" what wo$ld o$ char#e Tse +i Y$an forO 7o$ld o$r answer &e thesame had Tse +i Y$an &een a Chinese citienO

    0=""E0TE3 /N0WEI will char#e Tse +i Y$an for the crime of treason. ein# a resident of the

    !hilippines" he owes temporar alle#iance to to the #oernment" notwithstandin#his Taiwanese citienship. Considerin# that the !hilippines is at war with China"

    & act$all assem&lin# his men (#atherin# them in a meetin#) for the p$rpose ofe%ec$tin# a treasona&le desi#n & force (disarmin# the 8ilipino forces andcripplin# their reso$rces)" then he &reaches the temporar alle#iance he owes.That is treason.

    Yes" m answer wo$ld &e the same. ad Tse +i Y$an &een a Chinesenational" he wo$ld hae had committed the same crime. &ecomin# an enem"he does not lose his temporar alle#iance to the !hilippines &eca$se *$st thesame" he resides here. The fact remains that all the elements of the crime arepresent. ence" treason is committed.

    1-OBLE?" a *o$rnalism st$dent" -nowin# that he wo$ld in anwa" &e allowed &

    Y" his $ncle and inc$m&ent +ecretar of National Befense" entered the offices ofthe latter witho$t prior a$thorit in order to o&tain maps showin# the secretdefense &ases and installations in the !hilippines and hidden arms andamm$nitions aaila&le in eer &ase. This he wo$ld $se for his co$rse

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    re3$irement on the capa&ilit of the !hilippines to withstand a s$dden attac- &enemies.

    7hat crime if an did commitO If Y act$all a$thoried him to enter ando&tain information" what criminal lia&ilit will he inc$rO

    0=""E0TE3 /N0WE committed the crime of espiona#e which is p$nisha&le &oth $nder Art.//5 of the R!C and CA 1/1. The R!C p$nishes the entr of a person witho$ta$thorit" in a warship" fort" or militar or naal esta&lishment to o&tainconfidential information relatie to the defense of the !hilippines. This is noto&iated & the fact that the acc$sed -new that he wo$ld in anwa &e #iena$thorit if as-ed or that he acted in #ood faith. 2ere entr witho$t a$thorit forthe p$rpose a&oementioned constit$tes the crime.

    also iolated CA 1/1 for $nlawf$ll o&tainin# information affectin#national defense.

    Y will &e #$ilt of iolatin# CA 1/1 for $nlawf$ll permittin# to &e o&tained"

    information affectin# national defense. $t he will not &e lia&le $nder Art. //5 ofthe R!C. 8or him to &e lia&le" the permission to o&tain or the disclos$re m$st &eto a representatie of a forei#n nation. (Art. //D" R!C)

    11 OBLE?A has a da$#hter wor-in# in ahrain as a domestic helper. 7hen ahrain

    declared war oer the !hilippines" A immediatel sent a letter to his da$#hter$sin# a secret code deciphera&le onl & him and his da$#hter" as-in# the latterif she was o-a and s$##estin# her to immediatel #o home $ntil the war is oer.

    7hat crime if an" did A commitO ad not the da$#hter acceded to A;s s$##estionA himself flew to ahrain to conince her da$#hter to #o home" will A inc$r ancriminal lia&ilitO0=""E0TE3 /N0WE

    A committed the crime of correspondence with hostile co$ntr. All theelements of the crime are present. A made a correspondence with the enemco$ntr or territor occ$pied & enem troops & sendin# a letter0 it is made intime of war in which the !hilippines is inoled0 and it is carried in ciphers orconentional si#ns. The fact that the correspondence contained innocent mattersis of no moment.

    No" A will not inc$r an criminal lia&ilit. 8or one to &e lia&le for fli#ht toenem;s co$ntr" it is necessar that s$ch fli#ht is prohi&ited & the competenta$thorit. It is not the fli#ht itself &$t the iolation of the prohi&ition that constit$testhe crime. (Art. //" R!C)

    1OBLE?

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    F,ictoria" a car#o essel loaded with steel rods" was cr$isin# alon# the!asi# rier when s$ddenl" two men" &oth armed with .4> cali&er #$ns" &oardedthe essel and seied control of it. At #$npoint" the instr$cted the crew totransfer the steel rods from F,ictoria to their own essel. After which theimmo&ilied the crew with handc$ffs and loc-ed them at the master;s ca&in. The

    then" implanted a time &om& at the rear end of F,ictoria and fled. Two ho$rslater" the two armed men were arrested and char#ed with 3$alified pirac. Is thechar#e properO 7ill o$r answer &e the same if ri#ht after the transfer of the steelrods" the two armed men immediatel fled witho$t harmin# an of the crewO

    0=""E0TE3 /N0WEYes" the two armed men ma &e char#ed for 3$alified pirac $nder Art.

    /6 of the R!C. The two armed men" &ein# stran#ers to the essel" seied theessel and its car#o while it is on !hilippine waters. And said pirac is 3$alifiedwhen" inter alia" the offenders a&andoned their ictims witho$t means of sain#themseles. Certainl" when the two armed men immo&ilied the crew and

    implanted a time &om& on the essel" the ictims were left witho$t an resort tosae their lies. In d$e time" the &om& will e%plode.A&sent s$ch circ$mstance of" m answer will still &e the same. Leain#

    the ictims witho$t means of sain# themseles is onl one mode of 3$alifin#the offense. the mere fact that the offenders seied the essel & &oardin#$pon the same" the offense is alread 3$alified. (Art / /6" R!C)

    16OBLE?F2ar- Twain a l$%$r essel" was cr$isin# off the coast of !alawan when

    s$ddenl" Ahmed amiri" a passen#er of said essel" slipped a #$n from hispoc-et and declared a hold$p. 9nder fear & the passen#ers of &ein# shot todeath" amiri diested the passen#ers of their mone and other al$a&les.amiri was char#ed with pirac. Is the char#e properO

    0=""E0TE3 /N0WEIt depends. If the char#e of pirac is &ased on the R!C" then the char#e is

    improper &eca$se $nder the R!C" pirac ma &e committed onl & a stran#er tothe essel. It e%cl$des offenders who are either passen#ers or complements ofthe essel. $t if the char#e of pirac is &ased on !B >6 (Anti?!irac and Anti?i#hwa Ro&&er Law of /5D4)" then the char#e is proper &eca$se $nder saidspecial law" pirac ma &e committed either & a stran#er" complement" orpassen#er of a essel. (Art. /" R!C !.B. >6)

    18OBLE?Catha !acific 8li#ht C! D6=" from ei*in#" was clearin# the isi&ilit of the

    NAIA (Nino A3$ino International Airport) in preparation for its landin#. $t &efore

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    it co$ld een to$ch down" A&d$l 8ahi Qamlon mana#ed to slip wa to thecoc-pit and loc-ed the door. At #$npoint" he ordered the pilot to land in EastTimor" Indonesia. 7hat crime if an" did Qamlon commitO +$pposin# the aircrafthas alread landed at the NAIA and it was onl after all its e%ternal doors werealread opened for disem&ar-ation that Qamlon at #$npoint ordered to reclose

    the same doors and head for East Timor" wo$ld o$r answer &e the sameO

    0=""E0TE3 /N0WEQamlon committed the crime of hi?*ac-in# $nder RA 16>. +aid law

    p$nishes the act of $s$rpin# or seiin# the control of an aircraft of forei#n re#istrwhile it is within !hilippine territor. Thereafter" it is immaterial whether or not thepilot was compelled to land in !hilippine territor. Crime sets in $pon s$ch$s$rpation or sei$re while it is in !hilippine territor. Certainl" while the aircraftis clearin# the isi&ilit in preparation for the landin#" it is alread within !hilippineterritor" notwithstandin# act$al to$chin# down for landin#.

    In case the $s$rpation or sei$re happened onl after all the aircraft;s

    e%ternal doors were opened for disem&ar-ation" m answer will &e the same.There is still hi?*ac-in#. The fact remains that there is $s$rpation while the forei#naircraft is in !hilippine territor. 9nli-e in aircraft;s of !hilippine re#istr" it is notre3$ired that the aircraft is in fli#ht.

    1.OBLE?That ni#ht" +!' ,alde and +!'/ Ca&a$atan" were stationed at the

    &aran#a o$tpost of +$mmerille omes. 8rom a near& ho$se" the heard lo$doices of a man and a woman 3$arrelin#. +$ddenl" the heard the woman

    lo$dl &e# F$waaa# After which" a #$nshot was heard. Then complete silencefollowed. The police officers r$shed to the scene &$t on their wa" the met aman holdin# a #$n and r$shin# o$t of the ho$se. Th$s" +!' ,aldeapprehended" &ro$#ht" and confined the man at the police head3$arters $ntilf$rther inesti#ation has &een made.

    +!' ,alde was then char#ed and conicted of ar&itrar detention" asthe arrest" accordin# to the trial co$rt" was made witho$t le#al #ro$nd the man"not et &ein# proen to &e the real c$lprit at the time of the arrest.

    If o$ were the appellate *$d#e" will o$ affirm or reerse the trial co$rtr$lin#O

    0=""E0TE3 /N0WEI will reerse the trial co$rt;s r$lin#. In ar&itrar detention" the le#alit of the

    detention does not depend $pon the *$ridical and m$ch less the *$dicial fact of acrime (the elements of the felon are present and the were so fo$nd & theco$rt" which at the time of the commission" is not and cannot definitel &edetermined for lac- of necessar data and of *$risdiction" &$t $pon the nat$re ofthe deed. It is s$fficient that the p$&lic officer or emploee ma-in# the arrest hass$fficient #ro$nds to &eliee the e%istence of an act hain# the characteristics of

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    a crime and that the same #ro$nds e%ist for him to &eliee that the person so$#htto &e detained participated therein. The o&li#ation to ma-e an arrest & reason ofcrime" does not pres$ppose as a necessar re3$isite for the f$lfillment thereof"the ind$&ita&le e%istence of a crime. (!eople s. Ancheta" 1= !hil 4/>)

    15OBLE?'ne ni#ht" the L$%$ria omes was awa-ened as fire of $n-nown ori#in

    &ro-e o$t and #$tted the whole ho$se of R$d Tesoro. 7hen police officersarried at the scene" the were informed & a ra#in# Tesoro that it was Beo2ortel who set it on fire as it was onl he who has a lon# standin# #r$d#e on theformer. The police officers immediatel proceeded to the ho$se of 2ortel whichwas onl &loc-s awa" and arrested him. The &ro$#ht him to the police stationand detained him there for three das $ntil the police filed the necessar char#ea#ainst him.

    Are the police officers lia&le for ar&itrar detentionO 7ill o$r answer &ethe same had the char#e &een dela in the delier of persons to the proper*$dicial a$thoritiesO

    0=""E0TE3 /N0WEYes" the police officers are lia&le for ar&itrar detention. 7hile it is tr$e that

    the le#alit of detention is not dependent $pon the *$ridical or of the *$dicial factof a crime (the elements of the felon are present and the were so fo$nd & theco$rt)" it is necessar in case of warrantless arrest" that the arrestin# officer haspersonal -nowled#e of facts indicatin# that the person to &e arrested hascommitted the offense. It cannot &e fo$nded merel on &aseless acc$sation &

    another as in the a&oe sit$ation. There is no reasona&le #ro$nd to &eliee thatthe person to &e arrested has committed the offense. The arrest &ein##ro$ndless" the police officers are lia&le for ar&itrar detention.

    ad the char#e &een dela in the delier of detained persons to theproper *$dicial a$thorities" m answer wo$ld &e different. The police officerscannot &e made lia&le for said crime &eca$se for said crime to &e committed" it isnecessar that in the firs place" the detention was le#al. (!eople s. Ancheta" 1=!hil 4/> and Art. /4" R!C)

    19OBLE?

    At a&o$t = H;cloc- in the eenin#" armed with a warrant of arrest" policeofficers proceeded to the dormitor of Edwin" a colle#e st$dent who is char#edwith hain#. +eein# that the door of Edwin;s dormitor is half openPhalf close" thetwo police officers entered the dormitor and $pon seein# Edwin comin# o$t ofthe &athroom" anno$nced their a$thorit and intention to arrest Edwin. Edwindemanded that the leae the dormitor &$t the police officers ref$sed.

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    The police officers are now facin# char#es for iolation of domicile &ref$sin# to leae the premises after hain# s$rreptitio$sl entered the same. Isthe char#e properO If not" what sho$ld hae &een the char#e" if anO

    0=""E0TE3 /N0WE

    No the char#e is not proper. There is no s$rreptitio$s entr in this case.The entr is not shown to &e stealth nor made in secret. It is made thro$#h thedoor and the police officers did not hae the intention to conceal s$ch entr.

    The proper char#e sho$ld hae &een 3$alified iolation of domicile in the/stform" i.e." & enterin# the dwellin# a#ainst the will of the owner thereof. Theoffenders are p$&lic officers and their &ein# armed with a warrant of arrest doesnot warrant their immediate entr into the dormitor to e%ec$te the warrant ands$ch entr is a#ainst the will of the owner.

    Altho$#h the Code spea-s of the owner of the premises" it wo$ld &es$fficient if the inha&itant is the lawf$l occ$pant $sin# the premises as hisdwellin#" altho$#h he is not the proprietar owner thereof. ence" the dormitor

    is a dwellin# of Edwin.7hen the door of a dwellin# is half closePhalf open" entr thro$#h which isstill considered to &e a#ainst the will of the owner altho$#h implied. The openin#at s$ch e%tent does not #ie anone the a$thorit to enter the dwellin#.

    8$rther" the offense is 3$alified &eca$se it is committed at ni#httime. (Art./=" R!C and +ir Am$rao)

    1OBLE?eca$se Roel" a police officer" has a lon# standin# #r$d#e oer Allan" the

    former e%ec$ted a false police report which he $sed to proc$re a search warranta#ainst the latter. Later" he was char#ed with malicio$s o&tainin# of searchwarrant comple%ed with per*$r. Is the char#e properO

    0=""E0TE3 /N0WENo" the char#e is not proper. If the search warrant is sec$red thro$#h a

    false affidait" the crime p$nished & this article cannot & comple%ed &$t will &e aseparate crime from per*$r since the penalt herein proided shall &e Finaddition to the penalt of per*$r. (Art. /5" R!C)

    1'OBLE?7hile the Yo$th and +ports deelopment Committee of the m$nicipalit of

    Calata#an is disc$ssin# the $pcomin# s$mmer &as-et&all to$rnament" on.Ro#hel +$$" the committee chairman" decided to disperse the people in themeetin# &ased on r$mors of s$rprise attac- & N!A re&els.

    'n the &elief that the dispersal was &aseless and improper" the committeechairman was char#ed with dissol$tion of peacef$l meetin#s. If o$ were the

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    *$d#e" will o$ render the committee chairman #$iltO ad the char#e &een$nder Art. /46 (Acts tendin# to preent the meetin# of the Assem&l and similar&odies)" will o$r answer &e the sameO

    0=""E0TE3 /N0WE

    I will not render the chairman #$ilt of dissol$tion of peacef$l meetin#s. Itis an element of the crime that the offender &e a stran#er to the meetin#.ad the char#e &een $nder Art. /46" m answer wo$ld &e the same. The

    chairman wo$ld &e ac3$itted. 7hile it is not a re3$isite $nder Art. /46 that theoffender &e a stran#er to the meetin#" it is necessar that the preention wasmade & force or fra$d. (Art. /6/ and /46" R!C)

    -OBLE?As part of the traditional loc- Rosar" the ima#e of the ,ir#in 2ar" is

    &ein# paraded in a procession while deotees pra the rosar. It was at that pointwhen Ban" a $ddhist displaed from his window an e%act replica of the ,ir#in2ar &$t is totall na-ed. ence" the praers and procession were interr$pted.7ill a char#e for interr$ption of reli#io$s worship prosperO ow a&o$t a char#efor offendin# the reli#io$s feelin#s $nder Art. /66O

    0=""E0TE3 /N0WEThe char#e for interr$ption of reli#io$s worship will not prosper &eca$se

    Ban is not shown to &e a p$&lic officer or emploee. +aid crime ma &ecommitted onl & a p$&lic officer or emploee.

    $t a char#e for offendin# the reli#io$s feelin#s will prosper &eca$se the

    act complained of was made d$rin# the cele&ration of a reli#io$s ceremon andthe act is notorio$sl offensie to the feelin#s of the faithf$l. (Art. /6 and /66"R!C)

    1OBLE?,lad is a farmer who lies in the mo$ntains of

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    OBLE?Tired of the rotten political sstem in the !hilippines" 8red" a mem&er of

    the /DthInfrantr atallion" >thInfantr Biision of the !hilippine Arm decide to$nderta-e a iolent s$rprise attac- a#ainst the LRT sstem and parale it inorder to show his sincere adocac for a chan#e of administration. Blan" a rich

    doctor and lon#?time friend of 8red" promised the latter to finance his plan.Qnowin# that he needed manpower to e%ec$te this" he proposed his plan toChris" a co?mem&er of the same &attalion who consented to the same andto#ether the decided to e%ec$te the ori#inal plan. ence" in the middle ofNoem&er" seeral mem&ers of the aforesaid &attalion" armed with rifles andother amm$nitions" seied control of the LRT operation. If o$ were the fiscal"what wo$ld o$ char#e 8red forO ow a&o$t BlanO ow a&o$t Chris and theother soldiers who act$all e%ec$ted the attac-O

    0=""E0TE3 /N0WEAll of them are lia&le for the crime of co$p d;etat. The offenders are

    mem&ers of the militar and the attac- is swift and accompanied & iolence andthat the attac- is directed a#ainst a p$&lic $tilit and the p$rpose of which is toseie or diminish state power.

    There is no crime of proposal to commit co$p d;etat nor of conspirac tocommit the same" s$pposedl & 8red" Chris" and the other soldiers when theplan is act$all committed. 9nder Art. /6> of the R!C" an s$ch mem&er of themilitar who promotes or participates in the $nderta-in# is lia&le for co$p d;etat.

    8$rther" Blan is also lia&le for co$p d;etat &eca$se &ased on the samearticle" an person" whether in the #oernment serice or not" who finances theco$p d;etat is himself" lia&le for said crime. (Art. /64?A and /6>" R!C)

    6OBLE?2r. Co*$an#co owns acienda L$isita" a ast tract of land deoted to

    plantin# and millin# of s$#arcane. 2indf$l of &ein# the co$ntr;s leadin# prod$cerof s$#ar" 2r. Co*$an#co commands a hi#h price for its prod$ct &$t does notshare the additional earnin#s with his wor-ers. Tired and an#ered & this set?$p"Baniel" a s$#arcane farmer" decided to iolentl destro" to#ether with otherwor-ers" the standin# crops in the hacienda. e th$s proposed the plan toGeor#e. 7hat crime if an" did Baniel commitO +$pposin# Geor#e acceded tothe plan" what crime" if an" did Geor#e commitO +$pposin# no&od acceded toBaniel;s plan so" he alone e%ec$ted the act" what crime if an" did he commitO

    0=""E0TE3 /N0WEBaniel did not commit an crime & s$ch proposal &eca$se there is no

    crime of proposal to commit sedition. $t s$pposin#" Geor#e acceded to theplan" Geor#e" to#ether with Baniel" wo$ld &e lia&le for conspirac to commitsedition.

    In the last case" if Baniel alone committed the offense" he wo$ld &e lia&lefor direct assa$lt in the first form. Birect assa$lt in the first form is committed

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    when witho$t p$&lic $prisin#" the offender emplos force or intimidation for theattainment of an of the p$rposes en$merated in definin# the crime of sedition" inthis case the commission of an act of hate or reen#e a#ainst priate personsfor an political or social end. (Art. /65" /4/" and /4= of the R!C)

    8OBLE?7hile the Con#ress is in session" police officers" & irt$e of a warrant"

    arrested Con#ressman ala for the m$rder of a former all who t$rned his &ac-a#ainst him d$rin# the last election. 7hat crime if an" did the police officerscommitO

    0=""E0TE3 /N0WE

    The police officers did not commit an crime. The cannot &e made lia&lefor iolation of parliamentar imm$nit in the second form. 7hile it is tr$e that the

    police officers arrested Con#resman ala while the Con#ress is in session" thearrest is *$stified &eca$se the commission of a crime p$nisha&le & a penalthi#her than prision maor is e%cl$ded from the imm$nit. 9nder the Code"m$rder is p$nisha&le & recl$sion perpet$a to death.

    .OBLE?Irma" a law st$dent" is alwas #ettin# a failin# mar- in her recitations in

    Criminal Law &eca$se Att. Bi&di&an" her professor" is fond of throwin# diffic$lt3$estions to her s$ch that she won;t for s$re" &e a&le to answer. An#ered & thisseemin#l $nfair treatment" Irma waited for Att. Bi&di&an at the par-in# lot andseein# her approach her car" Irma s$ddenl hit Att. Bi&di&an;s head with a

    Criminal law &oo-. 7hat crime" if an" did Irma commitO 7hat if as a res$lt ofs$ch attac-" Att. Bi&di&an fell on the #ro$nd and $nderwent medical attendancefor three das" will a char#e for direct assa$lt comple%ed with phsical in*$riesprosperO 7ill o$r answer &e the same had Att. Bi&di&an &een confined in thehospital for / das &eca$se of said attac-O

    0=""E0TE3 /N0WEIrma committed 3$alified direct assa$lt & attac-in# a person in a$thorit

    & reason of the past performance of her official d$ties. Accordin# to Art. /> ofthe R!C" a professor is considered a person in a$thorit in applin# theproisions of Art. /4= and />/ of the R!C. And the offense is 3$alified when theoffender las hands $pon the person in a$thorit.

    The crime of direct assa$lt comple%ed with sli#ht phsical in*$ries will notprosper. In the crime of direct assa$lt" sli#ht phsical in*$ries committed on theoccasion of s$ch assa$lt is a&sor&ed.

    $t the case wo$ld &e different if Att. Bi&di&an was confined for / das&eca$se s$ch wo$ld 3$alif not onl as sli#ht phsical in*$ries &$t less serio$sphsical in*$ries. In which case" the phsical in*$ries is not a&sor&ed &$t rathercomple%ed. (Art. /4= and />" R!C)

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    =E0TION NO 1

    EE was acc$sed of estafa. 9na&le to post a &ail &ond for his proisionalli&ert pendin# trial of his case" he was detained in the cit *ail. 'n the date of thehearin# of the estafa case" BB" a police officer detailed in the in cit *ail" escorted

    EE to the cit hall for the trial. BB remoed the handc$ffs of EE and allowed himto sit on one of the chairs inside the co$rtroom. As BB was was tal-in# to alawer inside the co$rtroom" EE" with the help of a ci#arette endor" 22" who$sed his ci#arette container as coer" s$rreptitio$sl moed o$t of the room andescaped.

    7hat crime or crimes were committed & EE" BB" and 22O (/5=5 arE%amination)

    Answer:/. BB" the police officer" committed the crime of E,A+I'N TR9

    NEGLIGENCE" one of the forms of Infidelit in the c$stod of !risoner

    (Art. 4)" the essential elements of which offense are:a. That the offender is a p$&lic officer.&. That he has in his c$stod or char#e a prisoner" either detention

    prisoner or prisoner & final *$d#ment.c. That s$ch prisoner escaped from his c$stod thr$ his

    ne#li#ence.All of these elements are present" BB" a police officer detailed in thecit *ail" is a p$&lic officer. As the escort for EE in the latter;s trial" hehad c$stod of char#e of a detention prisoner. EE;s escape was thr$his ne#li#ence &eca$se after remoin# EE;s handc$ffs and allowin#him to sit in one of the chairs inside the co$rtroom" he sho$ld hae

    ta-en the necessar preca$tions to preent EE;s escape & -eepin# anee on him. Instead" he proided the opport$nit for the escape &tal-in# with a lawer and not -eepin# watch oer his prisoner.

    . 22" not &ein# a p$&lic officer" is #$ilt of the crime of BELI,ERING!RI+'NER+ 8R'2 @AIL+ (Art. />1)" which is committed & anperson who either remoes from an *ail or penal esta&lishment anperson confined therein" or who helps the escape of s$ch person &means of iolence" intimidation" &ri&er of 'TER 2EAN+. The act of22 in #iin# to EE his ci#arette container is helpin# in the latter;sescape & 'TER 2EAN+.

    6. EE" the is not criminall lia&le for an offense. The detention prisonerwho escapes from detention does not commit an crime. If he were aconict & final *$d#ment who is serin# a sentence which consists ofdepriation of li&ert and he escapes d$rin# term of his sentence" hewo$ld &e lia&le for E,A+I'N '8 +ER,ICE '8 +ENTENCE (Art. />D)

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    =E0TION NO

    AA is the corporate treas$rer of 2$ltimillion Ins$rance Compan. Ascorporate treas$rer" he wo$ld hae in his possession an aera#e of ! >" HHH"HHHat an #ien time. In /5=4" when the mone mar-et rate of interest ran#ed from

    6>S to >HS" AA place ! /"HHH"HHH of the corporate f$nds in the mone mar-et inhis name witho$t the -nowled#e of an other corporate official of the compan.9pon mat$rit of the mone mar-et placement" AA ret$rned the amo$nt of ! /"HHH"HHH to the corporation" &$t -ept himself the interest income of ! >H" HHH. Atthe end of /5=4" when a$dit e%aminations of his acco$nts were $nderta-en" thea$ditors fo$nd no shorta#e in his acco$nta&ilities.

    Bid AA commit an crimeO (/5=5 ar E%amination)

    Answer:

    Yes" AA committed the crime of estafa thr$ a&$se of confidence" een if hehad no intention to permanentl misappropriate the corporate f$nds forhimself. The law on estafa is clear and does not ma-e an distinctions&etween permanent and temporar misappropriations" for as lon# asdama#e is s$ffered & the offended part. Bama#e was s$ffered & thecorporation in this case &eca$se if the ! /"HHH"HHH had not &eenwithdrawn from the corporate coffer it wo$ld hae earned interest for the&enefit of the compan.

    Estafa" and not 3$alified theft" is committed &eca$se as corporate

    treas$rer" AA has *$ridical possession of the ! >"HHH"HHH in his c$stod.This was in the nat$re of a tr$st f$nd entr$sted to him for corporatep$rposes. 7hile it is a #eneral principle that misappropriation of tr$stf$nds for short periods does not alwas amo$nt to estafa" it has held thatthis principle cannot e%tend to cases where officers of corporationsconerted corporate f$nds to their own $se" (9+ s. +eilla" 46 !hil. /5H).8ra$d$lent intent is not een necessar in s$ch cases &eca$se the &reachof confidence inoled in the misappropriation or conersion of tr$st f$ndsta-es the place of fra$d$lent intent and is in itself s$fficient.

    =E0TION NO 6

    (a) A p$&lic official char#ed with p$rchasin# rice stoc-s $nder#oernment s$&sid falsel reported that his stoc-s of rice worth !/D million on&oard two &ar#es san- off a nei#h&orin# island on their wa to their destinationand were completel lost. 2eanwhile" the rice was s$rreptitio$sl sold to ricewareho$ses in the proinces.

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    7hat is the criminal lia&ilit of this #oernment officialO E%plain.

    (&) A cit official ordered one million pesos (!/2) worth of T?shirts atp$&lic e%pense for the $nderpriile#ed residents of his cit. After f$ll pament

    with cit f$nds was made" it was discoered that onl a fo$rth of the T?shirts had&een deliered and that the rest of the delieries were so?called F#hostdelieries.(/5== ar E%amination)

    Answer:

    (a) The #oernment official &ein# an acco$nta&le officer can &echar#ed with malersation thr$ falsification of official doc$ments.

    (&) (/) The cit official is lia&le for iolation of Article /6 of the

    Reised !enal Code which proides that:

    Article /6. 8ra$ds a#ainst the p$&lic treas$r and similar offenses. ?The penalt of prision correccional in its medi$m period to prisionmaor in its minim$m period" or a fine ran#in# from !HH to !/H"HHHshall &e imposed $pon an p$&lic officer who:

    /. In his official capacit" in dealin# with an person with re#ard tof$rnishin# s$pplies" the ma-in# of contracts" or the ad*$stment orsettlement of acco$nts relatin# to p$&lic propert of f$nds" shall enterinto an a#reement with an interested part or spec$lator or ma-e $se

    of an other scheme" to defra$d the #oernment0

    . ein# entr$sted with the collection of ta%es" licenses" fees andother impost" shall &e #$ilt of an of the followin# acts oromissions:

    (a) Bemandin#" directl or indirectl" the pament of s$ms differentfrom or lar#er than those a$thoried & law.

    (&) 8ailin# ol$ntaril to iss$e a receipt" as proided & law" for ans$m of mone collected & him officiall.

    (c) Collectin# or receiin#" directl or indirectl" & wa of pament orotherwise" thin#s or o&*ects of a different nat$re from that proided& law.

    7hen the c$lprit is an officer or emploee of the $rea$ of InternalReen$e or the $rea$ of C$stoms" the proisions of the

    Administratie Code shall &e applied0 and iolation of:

    (&) () Act 6H/5 sec. 6 (#) which proides that:

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    Corr$pt practices of p$&lic officers FIN ABBITI'N to acts or omissionsof p$&lic officers alread penalied & e%istin# law" the followin# shallconstit$te corr$pt practices of an p$&lic officer and are here&declared to &e $nlawf$l.

    =E0TION NO 8

    (a) Andrea si#ned her deceased h$ss name in endorsin# histhree treas$r warrants which were deliered to her directl & the districts$perisor who -new that here h$s&and had alread died" and she $sed theproceeds to pa for the e%penses of her h$ss last illness and his &$rial.+he -new that her h$s&and had acc$m$lated acation and sic- leaes themone al$e of which e%ceeded that al$e of the three treas$r warrants" so that

    the #oernment s$ffered no dama#e. Andrea;s appeal is &ased on her claim ofa&sence of criminal intent and of #ood faith.

    +ho$ld she &e fo$nd #$ilt of falsificationO Bisc$ss &riefl. (/5== arE%amination)

    (&) Ra$l Boria #ae in tr$st two acrlic paintin#s to A2ar +olo to &e solon commission &asis for !H"HHH.HH. 8ailin# to sell them to Geor#e T" Amarconsi#ned the paintin#s to Alcanto Galler. In the same month" Amar retrieedone paintin# and tried to ret$rn in to Ra$l who ref$sed to receie it witho$t the

    other paintin#. The other paintin# was &o$#ht & 2r. Lomot whose chec-" whichAmar #ae to Ra$l" &o$nced" so that Amar paid Ra$l his own chec- of !1">HH.HHpromisin# in writin# to pa the !6">HH.HH &alanceless his commission.

    Is Amar lia&le for estafaO 7hO

    ow a&o$t 2r. Lomot" what crime" if an did he commitO

    Answer:

    (a) Andrea sho$ld &e held #$ilt of falsification of p$&lic doc$ments.er claim of a&sence of criminal intent and of #ood faith cannot &econsidered &eca$se she is pres$med to -now that her h$s&and isdead. The element of dama#e re3$ired in falsification does no refer topec$niar dama#e &$t dama#e to p$&lic interest.

    E%ec$tie clemenc can howeer &e so$#ht for & Andrea.

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    (c) Amar is not lia&le for estafa &$t is lia&le for iolation of ! .There is onl ciil lia&ilit &eca$se as lon# as no case has &eenfiled in co$rt" an o&li#ation can still &e noated. In this case therewas noation.

    2r. Lomot is lia&le for iolation of ! .

    =E0TION NO .

    @@ p$rchased roofin# materials worth !H"HHH from !Y and +onsConstr$ction Compan owned & !! and paid the latter a chec- in the saidamo$nt. The followin# da" !! deposited the chec-" &$t it was ret$rneddishonored &eca$se it was drawn a#ainst a closed acco$nt. Notwithstandin#written demands" @@ failed to ma-e #ood said chec-. Co$nsel for !! filed twocomplaints a#ainst @@ with the !$&lic !rosec$tor0 one for estafa $nder Article 6/>

    of the Reised !enal Code and another for iolation of atas !am&ansa l#. .Co$nsel for @@ claimed that if his client was at all lia&le" he co$ld onl &e lia&le for.!. l# and not for estafa $nder Article 6/> of the Reised !enal Code&eca$se one precl$des the other and &eca$se .!. l# is more faora&le tothe acc$sed as it carries a li#hter penalt. The prosec$tor" on his resol$tion"stated that onl one crime was committed" namel" the comple% crime of estafa$nder Article 6/> of the R!C and iolation of .!. l#. &eca$se the sin#le actof iss$in# the &o$ncin# chec-s constit$tes two offenses. ( /5=D ar E%am)

    Is the resol$tion correctO

    Answer:

    The resol$tion of the inesti#atin# prosec$tor is erroneo$s. There is nocomple% crime of estafa $nder the R!C and ,iolation of .!. l#. . A comple%crime refers onl to felonies which are p$nished in the Reised !enal Code. .!.l#. which p$nishes the offense of iss$in# a worthless chec- is a special law.The contention of @@ that he is onl lia&le for .!. l#. &eca$se one precl$desthe other and &eca$se .!. l#. is more faora&le to the acc$sed as it carriesa li#hter penalt cannot also &e s$stained. .!. l#. specificall proides thatlia&ilit $nder said act is witho$t pre*$dice to an lia&ilit for estafa $nder theReised !enal Code. The chec- iss$ed & @@ in pament of roofin# materialsfrom !Y and +ons was worthless. +aid &o$ncin# chec- hain# &een iss$ed inpament of a sim$ltaneo$s o&li#ation constit$tes estafa $nder the R!C and alsothe offense p$nished $nder .!. l#. . There is no identit of offenses.Bama#e is not an element of the offense p$nished in .!. l# whereas inestafa dama#e is an element. Estafa is an act mala in se in which re3$ires intentas an element while the offense while the offense p$nished in . !. l#. is anact mala prohi&ita where intent is not an element.

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    =E0TION NO 5

    7hat is the effect when the doc$ment falsified is (a) a priatedoc$ment and (&) a p$&lic doc$mentO

    Answer:

    7here the doc$ment falsified is priate doc$ment and is $sed tocommit swindlin# or estafa" een if it were the means to commit the estafa" thereis no comple% crime of estafa with falsification &eca$se deceit is the commonelement of &oth. 'ne and the same deceit or dama#e cannot #ie rise to morethan one crime. It is either estafa or falsification.

    If p$&lic or official or commercial doc$ment was falsified to commitestafa" and falsification is the means to commit estafa" a comple% crime iscommitted" &eca$se in falsification of p$&lic" official" or commercial doc$ment"

    dama#e to the offended is not material. It is not the intent to commit dama#e thatis penalied &$t the erosion of the faith on these doc$ments and their p$rposewill not &e s$& sered. (oado Reiewer)

    =E0TION NO 9

    In falsification of priate doc$ment" what will determine whether thecrime committed is estafa or falsificationO

    Answer:

    The criteria to determine whether the crime is estafa onl orfalsification onl is that: if the falsification of the priate doc$ment was essentialin the commission of estafa &eca$se witho$t the falsification" estafa cannot &ecommitted" the crime is falsification0 estafa &ecomes the conse3$ence of thecrime. If the estafa can &e committed een witho$t resortin# to falsification" thelatter &ein# resorted onl to facilitate estafa" the main crime is estafa0 falsificationis merel incidental" since een witho$t falsification" estafa can &e committed.

    If the crime was $se of falsified doc$ment" the nat$re of the doc$mentis not controllin#. In this crime" the p$rpose for -nowin# the $se of falsifieddoc$ment is essential. $t if the doc$ment is presented in co$rt" een if re*ected"the mere offer thereof is criminal. ( oado Reiewer)

    =E0TION NO

    The people plain# cara cr$" &efore the throw the coin in the airwo$ld r$& the mone to the sidewal- there& diminishin# the intrinsic al$e of thecoin. Is the crime of m$tilation committedO ('rte#a Notes)

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    mar-ed mone nor was there meetin# of the minds &etween him and the pose$r?&$er to transfer ownership in e%chan#e for the price. e insists that theprosec$tion was not a&le to proe the that a sale of HH #rams of sha&$ too-place &etween him and the pose$r?&$er for Rep$&lic Act No. 5/1> defines thesale of illicit dr$#s as the act of #iin# a dan#ero$s dr$#" whether for mone or

    an material consideration.2a @@ &e conicted of the cons$mmated crime of sellin# sha&$ when he wasarrested een &efore he co$ld hand oer the plastic tea &a# containin# sha&$O

    Answer:

    7itho$t eidence that the acc$sed handed oer the sha&$ to the pose$r&$er" he ma not &e conicted of cons$mmated sale of sha&$. oweer" wherethe acc$sed intended to sell sha&$ and commenced & oert acts thecommission of the intended crime & showin# the s$&stance to the pose$r?&$er"he will &e #$ilt of the crime of attempted sale of sha&$. (!E'!LE s. ABA2"G.R. No. /46=4" 'cto&er /6" HH6)

    =E0TION NO 11

    An e%amination of the cash and acco$nts of was cond$cted in hera&sence. The a$ditors opened her safe in the presence of witnesses and" onthe &asis of the a$dit cond$cted" the Assistant !roincial A$ditor prepared areport of Cash E%amination" showin# a shorta#e of !/1>"D. was re3$ired torestit$te the amo$nt of the shorta#e and to s$&mit a written e%planation for theshorta#e" &$t she neer did. Thereafter" was char#ed and conicted & the+andi#an&aan of malersation of p$&lic f$nds despite her o&*ections to the

    irre#$larit of the a$dit cond$cted. The +andi#an&aan &ased the coniction of on the prima facie pres$mption of malersation for her fail$re to acco$nt thep$&lic f$nd with which she is char#ea&le" $pon demand & an a$thoried officer.

    7as the coniction of correctO

    Answer:

    N'. The prima facie pres$mption arises onl if there is no iss$e as to theacc$rac" correctness and re#$larit of the a$dit findin#s. +$ch incomplete a$dit"which res$lted in an alle#ed shorta#e that was attri&$ted solel to ;sacco$nta&ilit" is s$scepti&le to errors and inacc$racies. In this case" theshorta#e of f$nds which was attri&$ted to was no ind$&ita&l esta&lished

    considerin# that the a$dit cond$cted was incomplete" irre#$lar and inacc$rateand did not follow standard a$ditin# proced$res & e%cl$din# from thee%amination the other acco$nta&le p$&lic officers in the office and failin# to openthe other safe $sed in the office. ence" the pres$mption $nder Art. /D of theR!C" which was made the &asis of ;s coniction & the +andi#an&aan" is noapplica&le. (M9ERI@ER' s. !E'!LE and +ANBIGANAYAN" 8e&r$ar /4"HH6).

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    =E0TION NO 1

    Bistin#$ish for#er from falsification. ( 'AB' Reiewer)

    Answer:

    8irst" there are fie (>) was of committin# for#er (Art. /15) while thereare ei#ht (=) was of committin# falsification (Art. /D/). +econd" for#er appliesto treas$r or &an- notes or similar instr$ments while falsification applies top$&lic" commercial" or priate doc$ments.

    M9E+TI'N N'. /6

    ACC" a Chinese national filed a certified petition for nat$raliation &$t laterwithdraw it. ACC was char#ed of !er*$r $nder Article /=6 of the Reised !enalCode for hain# lied in his petition for nat$raliation with re#ard to the residenceof his wife and children" as well as his #ood moral character considerin# his illicitrelation with a woman not his wife and &e#ettin# children with her.

    2a ACC still &e prosec$ted for per*$r een if his petition fornat$raliation" where the false statements are contained" was withdrawnO

    Answer:

    YE+. At the time he filed his petition for nat$raliation" he had alreadcommitted per*$r. +$ch withdrawal of the petition onl terminated theproceedin#s for nat$raliation" it did not e%tin#$ish his c$lpa&ilit for per*$rwhich he alread committed. Indeed" the fact of withdrawal alone cannot &ar the+tate from prosec$tin# petitioner" an alien who made a moc-er not onl of the!hilppine nat$raliation law &$t the *$dicial proceedin#s as well. (C'A s.!E'!LE" 2arch /4" HH6)

    =E0TION NO 18

    Is a sales inoice a commercialPp$&lic doc$mentO

    Answer:

    A sales inoice is a p$&lic andPor a commercial doc$ment within themeanin# of Ffalsification as defined $nder the Reised !enal Code. A priatedoc$ment ac3$ires the character of a p$&lic doc$ment when it &ecomes part of

    an official record and is certified & a p$&lic officer d$l a$thoried & law. Th$s"altho$#h it was a priate doc$ment at the time of falsification" it is re#arded asfalsification of p$&lic or official doc$ment. (2'NTE,ERBE s. !E'!LE" A$#$st/" HH)

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    =E0TION NO 19

    Is Attempted or 8r$strated iolation of Rep$&lic Act No. 6H/5 or the Anti?Graft and Corr$pt !ractices Act" p$nisha&leO

    Answer:

    The attempted and fr$strated state of the offense defined in +ec 6 of theAnti?Graft and Corr$pt !ractices Act is not p$nisha&le. (!EC' s.+ANBIGANAYAN" >1 +CAB)

    =E0TION NO 1

    ow is malersation distin#$ished from estafaO (/555 ar e%amination)

    Answer:

    2alersation differs from estaf in that malersation is committed & anacco$nta&le p$&lic officer inolin# p$&lic f$nds or propert $nder his his c$stodand acco$nta&ilit0 while estafa is committed & non?acco$nta&le p$&lic officer orpriate indiid$al inolin# f$nds or propert for which he is not acco$nta&le tothe #oernment.

    =E0TION NO 1'

    A 2$nicipal Treas$rer" acco$nta&le for p$&lic f$nds or propert" encashedwith p$&lic f$nds" priate chec-s drawn in faor of his wife. The chec-s &o$nced"the drawer not hain# eno$#h cash in the drawee &an-. The 2$nicipal Treas$rer"in encashin# priate chec-s from p$&lic f$nds" iolated re#$lations of his office.

    Notwithstandin# restit$tion of the amo$nt of the chec-s" can the 2$nicipal

    treas$rer neertheless &e criminall lia&leO 7hat crime did he commitO (/555ar E%amination)

    Answer:

    Yes" notwithstandin# the restit$tion of the amo$nt of the chec-" the2$nicipal Treas$rer will &e criminall lia&le as restit$tion does not ne#atecriminal lia&ilit altho$#h it ma &e considered as a miti#atin# circ$mstancesimilar or analo#o$s to ol$ntar s$rrender. (!eople s. ,elas3$e" D6 !hil 5=)e will &e criminall lia&le for malersation. oweer" if the restit$tion was madeimmediatel" $nder ehement protest a#ainst an imp$tation of malersation andwitho$t leain# the office" he ma not &e criminall lia&le.

    =E0TION NO -

    ow are Ffor#in# and Ffalsification committedO

    Answer:

    8or#in# or for#er is committed & #iin# to a treas$r or &an- note or aninstr$ment paa&le to &earer or to order the appearance of a tr$e and #en$ine

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    doc$ment0 or & erasin#" s$&stit$tin#" co$nterfeitin#" or alterin# & an meansthe fi#$res" letters" words or si#ns contained therein.

    8alsification" on the other hand" is committed &:

    /. Co$nterfeitin# or imitation an handwritin#" si#nat$re or r$&ric0

    . Ca$sin# it to appear that persons hae participated in an act orproceedin# when the did not in fact so participate0

    6. Attri&$tin# to persons who hae participated in an act or proceedin#statements other than those in fact made & him0

    4. 2a-in# $ntr$thf$l statements in a narration of facts0

    >. Alterin# tr$e dates0

    1. 2a-in# an alteration or intercalation in a #en$ine doc$ment whichchan#es its meanin#0

    D. Iss$in# in an a$thenticated form a doc$ment p$rportin# to &e a cop ofan ori#inal doc$ment when no s$ch ori#inal e%ists" or incl$din# in s$chcop a statement contrar to" or different from" that of the #en$ineori#inal0 or

    =. Intercalatin# an instr$ment or note relatie to the iss$ance thereof in aprotocol" re#istr" or official &oo-.

    =E0TION NO 1

    Is mere possession of false mone &ills p$nisha&le $nder Article /1= ofthe Reised !enal CodeO (/555