Crim finals

I. Modified true or false - explain why either t/f

25 items x 2 = 50 pts
- Is killing of a common law wife considered parricide? FALSE
- Victim of rape must show tenacious evidence or physical desistance? FALSE
- Can rebellion be committed by 1 person?
- Adultery and concubinage, private crimes!!! Can only be filled by the offender
himself
- Can an aircraft be hijacked only when it is flying? NO, not necessary that craft is in
transit as long as it is "in flight" where all doors are closed
- Concubinage can be achieved in 3 ways. Question regarding 3rd: is occasional visit
sufficient to be considered concubinage? NO because it requires COHABITATION
- Concubinage is as easy to prove as Adultery? No, adultery is easier
- Imprisonment is no longer a penalty in violation of bp22? FALSE, penalty is
payment of fine (double the amount of the value of the check) but imprisonment is
pwede, payment of fine gives favor to first time offenders of bp22 (non-imprisonment
for non-payment of debt)
- Hostile and unjust accusations against public officers. -- LIBEL AGAD???
II. Identifying the felony
- definition of bp22 or bouncing check; hazing; photo / video chuchu; technical
malversation (using of public funds for personal use) --- how is it different from
plunder; law on sexual harassment; child pornography *what exactly is a child, is
dora the explorer part of it pag nilagyan ng boobs; fencing;
III. Differentiate the felonies
- bribery and corruption of public officers
- theft and robbery
- homicide and murder *take note of qualifying circumstances, EVIDENT
PREMEDITATION! Killing by poison is always murder because of the element of
treachery, unless the offended party knows then it is suicide
- rape through sexual intercourse and rape through sexual assault
Cases:
Tenebro vs ca (bigamy)
- accused cannot invoke nullity of the first marriage, must obtain a judicial declaration
thy first marriage is officially null and void to be able to contract a second marriage
Bigamy
Tenebro contracted marriage with Ancajas in 1990. The two lived together
continuously and without interruption until the latter part of 1991, when Tenebro
informed Ancajas that he had been previously married to a certain Hilda Villareyes in
1986. Petitioner thereafter left the conjugal dwelling which he shared with Ancajas,
stating that he was going to cohabit with Villareyes. In 1993, petitioner contracted yet
another marriage with a certain Nilda Villegas. Ancajas thereafter filed a complaint for
bigamy against petitioner. Villegas countered that his marriage with Villareyes cannot
be proven as a fact there being no record of such. He further argued that his second
marriage, with Ancajas, has been declared void ab initio due to psychological
incapacity. Hence he cannot be charged for bigamy.
ISSUE: Whether or not Tenebro is guilty of bigamy.

HELD: The prosecution was able to establish the validity of the first marriage. As a
second or subsequent marriage contracted during the subsistence of petitioners
valid marriage to Villareyes, petitioners marriage to Ancajas would be null and void
ab initio completely regardless of petitioners psychological capacity or incapacity.
Since a marriage contracted during the subsistence of a valid marriage is
automatically void, the nullity of this second marriage is not per se an argument for
the avoidance of criminal liability for bigamy. Pertinently, Article 349 of the Revised
Penal Code criminalizes any person who shall contract a second or subsequent
marriage before the former marriage has been legally dissolved, or before the absent
spouse has been declared presumptively dead by means of a judgment rendered in
the proper proceedings. A plain reading of the law, therefore, would indicate that the
provision penalizes the mere act of contracting a second or a subsequent marriage
during the subsistence of a valid marriage.
Pork Barrel Scam
- relate ALL crim law principles!!!