Criminal Law 2: Sample Exam Questions 1. Roland, 19 years old, was prosecuted for illegal possession of shabu.

Being a first-time offender, he was placed on probation under the supervision of the Dangerous Drugs Board for 6 months. Thereafter, the court dismisses his case and ordered his discharge. Later, he took the CPA Board Examination. In the application under oath, he answered "No" to the question of whether or not any criminal case has even been filed against him in any court in the Philippines. What crime, if any, ma he be prosecuted for? 2. Armed with a search warrant, the NBI agents went to the house of Mr. Chi to search the same for prohibited drugs. Finding no prohibited drugs, one NBI agent placed a box full of dried marijuana leaves inside Mr. Chi's cabinet and through threat of prosecution for violation of Dangerous Drugs Law, demanded P100,000.00 from Mr. Chi who gave the amount out of fear. What crime or crimes may the NBI agents be liable for? Why? 3. B challenged X to a fight and thereafter frontally assaulted the latter, X parried the blow and a physical struggle ensued. X, who was bigger and stronger, overpowered B who was already exhausted and helplessly lying with his face down to the ground, with X sitting on his back. In this position, X removed his belt, tied his hands therewith and stood up in order to reach for a boulder of stone nearby which he dropped on the head of B which cause his death. What crime, if any, will you charge B with? Why? 4. While studying in Manila, M lived with his sister who was married to B. One afternoon, M saw B's car parked on the street in front of their house. M got the key to B's car without the latter's knowledge, drove the car to another street behind the house where he took the stereo sets and the two side mirrors which he sold in order to finance his assorted vices, leaving the car thereat. What crime, if any, will you prosecute M for? 5. The father had sexual intercourse with his 17-year-old daughter who he has been providing with support and education. The daughter admitted that the sexual intercourse was with her consent. If you were the Public Prosecutor, what crime/s will you charge the father with? 6. X, a custodian of records in a private lending company, brought home the promissory note and the chattel mortgage contract executed by his parents as evidence of indebtedness to the company. For failure of the parents to pay their obligation on the due date, the company filed a civil case in the court for the collection of indebtedness. The court, however, dismissed the civil case for failure of the company to present evidence of the obligation from the said promissory note and chattel mortgage contract. What crime/s, if any will you charge X with? 7. H, a house maid, entered the opened master's bedroom in order to clean the same. Seeing the master's locked jewelry box on the dresser set, H took it in order to bring it outside the house, where she thought of dropping a boulder of stone to force to open it. However, before she could exit at the back door, she met her master's son who grabbed the jewelry box from her. What crime, if any, will you charge H with? 8. ABC Corporation leased its building together with all the equipment. TV sets and air conditioning units therein to S, with the agreement that upon the termination of the lease, S will return the same to ABC Corporation. When the lease agreement expired, S removed, took, and carried away all the 50 air conditioning units without the knowledge and consent of the corporation's representative. What crime, if any, will you prosecute S for? 9. One Friday evening, M purchased grocery items from B in the amount of P10,000. Since M did not have the cash, he gave B a check worth P10,000 given by his client, as a guarantee that M will come back the following Monday to replace the check with his own. As promised, he returned the following Monday and replaced the check. On the same day, B deposited M's check with the bank which dishonored the same for lack of sufficient funds. M failed to pay the amount despite demands. Although B had already filed a criminal case for violation of BP 22 against M, he still asked for your advice whether he can still file a case for estafa against M. What will be your advice? 10. As payment for his indebtedness, C gave Y a check in the amount of P100,000 on July 1, 1999, with the request to deposit the same after 5 days, since C was expecting his customers to pay him their accounts within this period. On the 5th day, C called Y and asked the latter not to deposit the check until August 15, 1999 to which Y agreed on condition that the account shall bear of 3% per month. On August 15, 1999, C again called Y and requested the latter to deposit the check on October 5, 1999 with the same rate of interest on the assurance that in the event C cannot pay on October 5, 1999, C will assign his car to Y. When Y deposited the check on October 5, 1999, the same bounced for insufficient funds and despite demands, C failed to pay the value of the check. What crime or crimes, if any, will you charge C with? 11. H and W were married in the province with a forged marriage license and thereafter lived together as husband and wife for many years. Owing to the demand of his work, H was transferred to Makati City which necessitated that he be separated from the wife who was staying in the province. While in Makati City, H and a female co-employee fell in love with each other and got married before a city judge. W learned about his marriage so she filed a criminal case against H for bigamy. If your were the judge, how will you decide the case?

12. Two Arab nationals tied the hands and feet of a teenage male on-boarder, and laid him face down the floor. In this position, they took turns satisfying their lust by inserting their sexual organ into the boy's anus. If you were the counsel for the boy, what crime will you charge the two Arab nationals with? 13. Under the same facts in the immediately preceding problem, and with the addition that during the preliminary investigation in the office of the public prosecutor, the teenage boy decided to expressly pardon the two Arab nationals having been given a substantial amount of money. The boy filed an affidavit of desistance stating that he had already expressly pardoned the two Arabs for the crime they committed and requested the public prosecutor to dismiss the criminal case. Assuming that you are the public prosecutor, will you grant the boy's request? 14. A, an appliance salesman, left the appliances he is offering for sale in the house of X on a trial basis with the understanding that if she does not call his office within one week, the appliances are deemed sold. The following day, X sold the appliances to her neighbor. Despite demands, X failed to return the appliances or deliver the proceeds of the same. What crime, if any, may you prosecute X for? 15. In payment of his indebtedness, X issued to his brother, who is living in the same house, a check amounting to P20,000 which, however, was dishonored by the bank when presented for payment for insufficiency of funds. Despite demands, X failed to make good the value of the check. What crime, if any, may X e prosecuted for? 16. In the middle of the night, A forced open the door of M's apartment. Entering through the door, he found M's motorcycle in the sala. He pushed the motorcycle out of the apartment, rode on it and never returned the same. What crime did A commit? 17. A, an elementary school teacher, through a promise of making G, his female pupil who was 11 years old the class valedictorian upon graduation, succeeded in making G perform lascivious acts on his private parts. What crime, if any, was committed by A? 18. JP and GH are the best of friends. Thus, JP still invited GH to his birthday celebration, even though GH was charged of rebellion and was now considered a fugitive from justice for evading prosecution. GH, who never missed any of JP's birthday parties, came together with his fellow rebel soldiers. GH and his companions are and drank until the wee hours of the morning. Big brother, who was also in the party, reported the same to the authorities. For such acts, JP was criminally charged, in two separate informations, (1) of rebellion in conspiracy with GH under the RPC and (2) of violating PD 1829 for harboring and concealing GH, whom he knows or suspects to have committed rebellion. A brilliant lawyer, JP argued that having been charged of rebellion, he could no longer be charged for allegedly violating PD 1829, a special law, as such alleged violation is absorbed in or a component of the simple crime of rebellion. Is he correct? (2008 SBC Pre-Week reviewer)

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