Carla Mae E.

Garcia

Juris Doctor I

CRIMINAL LAW 2 (Midterm Examinations)

I.
1)
a. The crime committed is piracy. Piracy is considered as the robbery or forceable
depredation on the high seas, without lawful authority and done with animofurandi.
It can be done either by attacking or seizing a vessel on the high seas or in Philippine
waters or by seizing in the vessel while on the high seas or in Philippine waters the
whole or part of its cargo, its equipment or personal belongings of its complements
or passenger committed by a person not a member of its complement or passenger.
In the present case, the act of several persons, not being a member of its
complement or passenger, in taking several heavy crates of the cargo to their
motorboats, without lawful authority and done with animofurandi which constitutes
the crime of Piracy.
b. The crime commited by culprits in stabbing the crew while sleeping is Qualified
Piracy under Art. 123. Qualified Piracy is commited under the following
circumstances: 1. Whenever they have seized a vessel by boarding or firing upon the
same; 2. Whenever the pirates have abandoned their victims without means of
saving themselves; or 3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape. In the present case, the crime of Piracy is accompanied by
physical injuries or murder had the victim died after being stabbed.

2. The diiference between Violation of Domicile and Trespass to Dwelling are:

a. As to the offender
The offender in Violation of Domecile is a public officer acting under color of authority;
in Trespass to dwelling, the offender is a private person or public officer acting in a private
capacity.

b. As to the ways of commiting such crime

Violation of Domicile is created in three (3) different ways: a) By entering the

dwelling of another against the will of the latter; b) By searching papers and other
effects inside the dwelling without the previous consent of the owner; and c) By refusing
to leave the premises which he entered surreptitiously, after being ordered to leave the
premises.
 Trespass to dwelling is commited only in one (1) way, that is by entering the
dwelling of another against the expressed or the implied will of the latter.

3.

4. a. The crime committed is Coup D ‘etat. All the elements of the crime of Coup D ‘etat is present
in such case; the offender is a person belonging to the military being a member of the Armed
Forces, the crime is committed through swift attacks accompanied by violence, intimidation and
threat a military camp or installation for the purpose of overcoming the government.

a) Should the attack be quelled and the leadero is unknown, any person who is in fact directed
others, spoke for them, signed the receipts and other documents issued in their name, or
performed several acts on behalf of the others, shall be deemed a leaderof such Coup D ‘etat,

b) The crime of coup d'etat is a swift attack, accompanied by violence, intimidation, threat,
strategy or stealth, directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communications networks, public utilities or
other facilities needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines by any person or persons, belonging to
the military or police or holding any public office or employment, with or without civilian
support or participation, for the purpose of seizing or diminishing state power.

5)

a. The teacher committed Coup D ‘etat as a person holding public office or employment.
b. The use of the unlicensed firearm will be absorbed in the crime of Coup D’ etat.
6) a. As stated in a case, Article 247 of the Revised Penal Code does not define and provide for a specific
crime, but grants a privilege or benefit to the accused for the killing of another or the infliction of serious
physical injuries under the circumstances therein mentioned. Far from defining a felony,  this provision
merely provides or grants a privilege or benefit — amounting practically to an exemption from an
adequate punishment — to a legally married person or parent who shall surprise his spouse or daughter
in the act of committing sexual intercourse with another, and shall kill any or both of them in the act or
immediately thereafter, or shall inflict upon them any serious physical injury. It is, in effect, an
exempting circumstance

B. Distierro is a mere banishment. It is intended only more for the protection of rhe accused from the
retaliation of the family members of the deceased then a punishment

c.

7.

a. The difference between Rebellion and Coup D’ etat are the following:

1) As to the purpose:

The purpose of Rebeliion is to remove from the allegiance to the Philippines or

to its laws, the national territory or any part thereof, Or any body of land, naval, or
armed forces or to deprive the Chief Executive or the Congress, in whole or in
part, of any of their prerogatives. On the other hand, the purpose of Coup D ‘etat
is only To seize or diminish state control.

2. As to the persons liable:

In Rebellion, the persons liable may be a Public officers/employees and private

citizens while in Coup D ‘etat, the persons liable are only limited to Military,
Police, or any public officers/employees.
3. As to the manner of commission:

Rebellion can be committed by multitudes rising publicly and taking up arms, 0n the other hand,
Coup D ‘etat may be commited by a swift attack accompanied by violence, intimidation, threat, strategy
or stealth.

4. As to the target of attack

The target of attack in Rebellion is limited only to the government while the target in Coup D
‘etat is broader as it includes the duly constituted authorities of the Philippines, military camps or
installations, or communications networks, or public utilities (e.g: NAWASA, PLDT, LRT), or other
facilities necessary for the exercise and continued possession of power.

b. Violation of Domicile vs. Trespass to Dwelling (2002) 

What is the difference between violation of domicile and trespass to dwelling? (2%) 

SUGGESTED ANSWER: 

The differences between violation of domicile and trespass to dwelling are; 

1) The offender in violation of domicile is a public officer acting under color of authority; in
trespass to dwelling, the offender is a private person or public officer acting in a private
capacity. 

2) Violation of domicile is committed in 3 different ways: (1) by entering the dwelling of another
against the will of the latter; (2) searching papers and other effects inside the dwelling without
the previous consent of the owner; or (3) refusing to leave the premises which he entered
surreptitiously, after being required to leave the premises. 

3) Trespass to dwelling is committed only in one way; that is, by entering the dwelling of another
against the express or implied will of the latter.