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BIT-IC COLLEGE OF LAW City of Tagbilaran

Criminal Law 2
Atty. Angel S. Ucat, Jr., Professor Prelim Exam January 8 & 14, 2012

GENERAL INSTRUCTIONS: (1) Write your complete name legibly on TOP of this page, below which write your O.R. No. for the Prelim Exam. (2) Show your O. R. to Mrs. Ucat for her to affix her initial thereon at the time you submit your test paper. Part I. Multiple Choice. INSTRUCTIONS: (1) Choose the best answer from the four suggested answers indicated as a, b, c, and d. (2) SHADE the letter corresponding to the answer chosen by you. A check, a cross mark, encircling the letter or any other mode of answering will not be accepted. (3) Do not make your test paper dirty. 1. While Fero was asleep in his fishing boat docked at the Pasig River, Manila, Enoc, who was riding in his own fishing boat, arrived, climbed up Feros boat and beat Fero to unconsciousness (but Fero did not die). While Fero was still unconscious, Enoc took Feros wallet containing cash in the amount of P10,000 and other valuables found in the fishing boat. Considering the foregoing facts, what crime did Enoc commit? a. Piracy under both the Revised Penal Code and under PD 532. b. Robbery with violence against or intimidation of persons because Pasig River, where the crime was committed, is not part of the Philippine seas. c. Piracy under PD 532 only because Feros fishing boat is not included in the term vessel as it is understood under the provisions of Arts. 122 and 123 of the Revised Penal Code, but it is expressly included in the term vessel as the term is used under PD 532. d. Piracy under PD 532 only because the crime was not committed on the high seas, Pasig River being only part of the Philippine waters. 2. Continuation of No. 1. Upon arriving at his house, Enoc gave to Wena, his wife, some of the other valuables which he took from Feros fishing boat which she accepted although Enoc informed her of what he did to Fero to get the money and the other valuables. In this case, what crime was committed by Wena? a. Accomplice to the crime of piracy under PD 532. b. Violation of PD 1612. c. Accessory to the crime of piracy under the Revised Penal Code. d. Accessory to the crime of piracy under the Revised Penal Code, but she did not incur any criminal liability she being an exempt accessory considering her relationship as the wife (spouse) of Enoc. 3. While MB Bohol, a passenger vessel, was plying in the high seas, some members of the crew of the vessel and some passengers numbering twenty persons, armed with firearms and bladed weapons, divested the passengers of their money and other personal belongings. In this case, what crime did the twenty persons commit? a. Piracy under the Revised Penal Code because the crime was committed in the high seas. b. Piracy under PD 532 because the offenders were members of the crew of the vessel and some passengers. c. Robbery.

2 d. Robbery with the aggravating circumstance of uninhabited place. 4. Piloto is the pilot of a PAL plane bound for the United States. While Piloto and his two co-pilots were readying the plane for embarkation at the NAIA Airport, Tito, Otik and Koro, terrorists, who were armed with short firearms, compelled Piloto and his two co-pilots to change its destination to Hongkong. Fortunately, although Piloto and his copilots were already in the act of changing the destination of the plane, before the plane could take off, the terrorists were subdued by elements of the PNP assigned to the NAIA Airport. Considering the foregoing facts, what crime was committed by the terrorists? a. Air piracy under RA 6235 because the plane being bound for the United States, a foreign country, it was considered to be in flight although, actually, it was not. b. The terrorists did not commit the crime of air piracy under RA 6235 because, although the plane was bound for the United States, a foreign country, it was not yet in flight at the time of the incident. Moreover, the plane being a PAL plane it is presumed that it is an aircraft of Philippine registry. c. Grave coercions because the plane being a PAL plane and therefore presumed to be an aircraft of Philippine registry was not yet in flight at the time of the incident. d. Grave coercions because the PAL plane being presumed to be an aircraft of Philippine registry was not yet in flight at the time of the incident. Moreover, the terrorists, without any authority of law, compelled Piloto and his co-pilots to change the destination of the plane from the United States to Hongkong. 5. SPO2 Lispo and Bruno are brothers-in-law. Bruno, a private person, is married to Asawa, a younger sister of SPO2 Lispo. Bruno and Asawa are engaged in the lending business. They have a problem with Basyong because he could not pay his debt although several extensions to pay were already afforded to him. To solve their problem, Bruno and SPO2 Lispo, agreed and actually arrested and thereafter delivered Basyong to the Chief of Police (COP) for the latter to compel Basyong to pay. Basyong did not resist the arrest because he knew SP02 Lispo to be a police officer. However, at the time they delivered Basyong to the COP, the latter, instead ordered SPO2 Lispo to release Basyong as there was no legal ground for his arrest. In this case, what crime(s) did SPO2 Lispo and Bruno commit? a. SPO2 Lispo committed the crime of arbitrary detention because he effected the arrest of Basyong without a legal ground. On the other hand, Bruno committed the crime of unlawful arrest he being a private person and his purpose in arresting Basyong was to deliver the latter to the COP, a proper authority. b. SPO2 Lispo committed the crime of arbitrary detention because he effected the arrest of Basyong without a legal ground. Although Bruno is a private person, he committed the same crime of arbitrary detention it appearing that he conspired with SP02 Lispo when, upon their agreement, they arrested Basyong. c. Both SPO2 Lispo and Bruno committed the crime of kidnapping for ransom. In an analogous case, the Supreme Court held that the crime committed was kidnapping for ransom because ransom means a payment that releases from captivity. d. Both SPO2 Lispo and Bruno committed the crime of arbitrary detention because they conspired in the arrest of Basyong without a legal ground. It bears emphasis that Bruno, although a private person, has no private relation with Basyong. 6. C and D are creditor and debtor, respectively. One evening, they were at the city police station to settle the matter amicably because D could not pay C upon maturity of the debt. However, because the two could not agree on the terms of the settlement, upon request of C, P, the station police guard, put D inside a cell of the city jail. More than thirty-six (36) workings hours had already elapsed from the start of Ds detention at the time the Chief of Police ordered his release. In the meantime, neither C nor P caused the filing of an appropriate complaint against D with the proper court. In this case, what crime did C and/or P commit ?

a. Arbitrary detention (Art. 124, RPC). b. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125, RPC). c. Arbitrary detention it appearing that the detention of D is without legal ground. d. Delay in the delivery of detained persons to the proper judicial authorities it appearing that the detention of D already exceeded 36 hours which is the maximum number of hours within which a person arrested without a warrant could be lawfully detained without the filing of the corresponding complaint or information against him. 7. H and W, husband and wife, respectively, are the owners of a residential house. H is included in the watch list of drug pushers kept by the police. One evening while H and W were away, P, a police officer, surreptitiously went inside the house for the purpose of looking for drugs although he did not have a search warrant with him. P easily entered the house because although the door was closed it was not locked. P could not yet find anything at the time H and W arrived. Although H and W did not require P to leave the house, P left the house without saying anything. In this case, did P commit a crime? If so, what crime did P commit? a. P committed the crime of Violation of domicile because it is clear that he entered the dwelling of H and W against the will of the spouses. b. P did not commit any crime. c. P did not commit any crime because it is clear in the facts of the problem that he left the house of H and W even without being required to do so. Based on the facts of the problem, P could only commit the crime of Violation of domicile had he been required to leave and he refused to do so. d. P committed the crime of Violation of domicile because he searched the house of H and W although he was not armed with a search warrant which is required by law to make the search lawful. 8. A, B and C were former soldiers who belong to the Lost Command in Mindanao. Didoy and Ernie, two big landowners, proposed to A, B and C for the three to organize a group of 50 armed men for the purpose of challenging the government by force of arms so that it could not fully implement the Land Reform Law in Mindanao. Didoy and Ernie promised to the three that they would finance the group and furnish the members thereof with the needed firearms. A, B and C agreed. After Didoy and Ernie left, C, who was in need of money, proposed to A and B that they would rob a bank two days after. A and B agreed. Unknown to the former soldiers and Didoy and Ernie, while they were conferring with each other, they were overheard by Lando who immediately reported the incidents to the police. Which was why before the former soldiers could rob a bank and begin organizing the group of 50 armed men, they, including Didoy and Ernie, were arrested by the police. Considering the foregoing facts, what crime(s) were committed by the three former soldiers and Didoy and Ernie? a. As for Didoy and Ernie, they committed the crime of proposal to commit sedition. On the part of A, B and C, they committed the crime of conspiracy to commit sedition. b. As for Didoy, Ernie, A, B and C, they committed the crime of conspiracy to commit sedition. c. As for Didoy, Ernie, A, B and C, they committed the crime of conspiracy to commit sedition. Having agreed to prevent the full implementation of the Land Reform Law in Mindanao, they, in effect conspired to prevent the execution of a law which is one of the objects of the crime of sedition. d. As for Didoy, Ernie, A, B and C, they committed the crime of conspiracy to commit sedition. Having agreed to prevent the full implementation of the Land Reform Law in Mindanao, they, in effect conspired to prevent the execution of a law which is one of the objects of the crime of sedition. However, even A, B and C are not criminally liable for conspiracy to rob a bank such agreement not being punished as a crime. Moreso, in the

4 case of Didoy and Ernie who had no participation whatsoever in the conspiracy to rob a bank. 9. X, Y and Z, components of the Sparrow Unit of the NPA, were commissioned by Ka Alay to kill M, the municipal mayor, as punishment for the latter in making representations with the national leadership that a detachment of the Philippine Army be stationed in his municipality. For the purpose, each of them armed himself with a long unlicensed firearm and a hand-grenade stolen from the PNP headquarters. At the time of the incident, M was together with W, his wife, at the veranda of their house and F, a civilian, a woman-friend of W, talking about personal matters. Although the handgrenades thrown by X, Y and Z were only intended to kill M, W and F were killed together with M. The veranda of Ms house was likewise burned. Considering the foregoing facts, what crime(s) was/were committed by X, Y and Z? a. Only one crime of rebellion it appearing that X, Y and Z, being components of the Sparrow Unit of the NPA, are rebels. Under the absorption theory, the other crimes of illegal possession of firearms and hand grenades, murder and arson are absorbed in the crime of rebellion. b. Four separate crimes of rebellion, murder (in three counts) and arson, it appearing that the motive of the offenders, whether it was in furtherance of the crime of rebellion or personal motive, is not clear. Hence, the absorption theory does not apply. c. Rebellion insofar as the killing of M and the illegal possession of firearms and hand grenades which are absorbed in rebellion. Considering, however, that the crime of rebellion could be committed without killing civilians (W and F) and burning the house, the offenders likewise committed the crimes of murder (in two counts) and arson. d. Only one crime of rebellion. 10. In determining whether the killing of a public official committed by a rebel is rebellion or murder, is motive of the offender controlling? a. No, because motive is not an essential element of any crime. b. Yes, because, although as a rule motive is not an essential element of a crime, there are crimes, like rebellion, wherein motive is determinative of the crime committed by a rebel where it resulted in the killing of the victim. c. No, because the moment it is determined by the court that the offender is a rebel and the victim who is killed is a public official, there is no other crime committed except rebellion. d. Yes. Otherwise, an injustice would be caused to both the victim and the offender because it could happen that the crime for which the offender is convicted was not the crime which he committed as proved by his motive. 11. If the crime of rape is committed by some of the rebels while committing the crime of rebellion, is the crime of rape to be punished separately from the crime of rebellion? a. No, because under the absorption theory, all common crimes committed by the rebels in committing the crime of rebellion are absorbed in the said crime. b. Yes, because the crime of rebellion could be committed even if the rebels would not commit the crime of rape. c. Yes, because the crime of rebellion could be committed even if the rebels would not commit the crime of rape. Hence, rape is not included in the crime of rebellion under the absorption theory. d. Yes, because the absorption theory applies only to common crimes which are committed by the rebels in furtherance of the crime of rebellion. 12. Can the crime of rebellion be committed by civilians alone, that is, without the support or participation of the military and/or the police?

5 a. No. Since the crime requires the act of rising publicly and taking arms against the Government, it is impossible for civilians alone to commit the crime. b. Yes, because it does not necessarily mean that only the military and/or the police could rise publicly and take arms against the Government. c. Yes, because, while it is true that the military and/or the police have the needed firearms for them to rise publicly against the government, the civilians could likewise secure the needed firearms from sources outside the government and even from the government. d. No, because, although the civilians could secure the needed firearms from sources outside the government, they do not have the training to rise publicly against the government acquired only by the military and/or the police. 13. Can the crime of coup detat be committed by the military and/or the police even without the support or participation of the civilians? a. Yes, because even the manner in which the crime is committed, the law expressly provides with or without civilian support or participation. b. No, because without the support or participation of the civilians, no one would take care of the funding which is indispensable for the success of such undertaking. c. No, because, as clearly shown during the EDSA I (against Pres. Marcos) it was, in fact, the civilians, led by Cardinal Sin, who were responsible for its success. d. Yes, because, in addition to No. a, a coup detat being a swift attack, its purpose could already be realized by the military and/or the police even with the support and/or participation of the civilians. 14. In the year 2006 a group of rebels killed the Mayor of Municipality A; in 2009, they killed the Mayor of Municipality B; in 2011, they killed the Mayor of Municipality C. All the killings were done in furtherance of the crime of rebellion. In 2011, the group of rebels were arrested. In this case, how many crimes of rebellion did the group of rebels commit? a. Only one because the crime of rebellion is a continuous crime. b. Only one because the crime of rebellion is a continuing crime. c. Only one because the crime of rebellion is a transitory crime. d. Three because under the Revised Penal Code the number of crimes depends upon the number of victims and the dates of their commission. 15. For a week, NFA rice, which were stored inside a government warehouse, were sold to the public, especially to the poor, at a much lower price than commercial rice. For unknown reasons, the sale was stopped although the public knew that the warehouse was almost full of sacks of hulled rice. One day, there were about 100 persons who were outside the warehouse waiting for it to be opened in the hope that they could buy NFA rice. Then, five men, who were armed with bladed weapons, succeeded in disarming the two security guards of the warehouse and in forcibly opening the warehouse. Then, they distributed to the 100 persons several sacks of NFA rice without requiring them to pay for them. However, the five men did not get any rice for themselves. What crime, if any, did the five men commit? a. Sedition because by taking by force the NFA rice, they despoiled the National Government of its property. b. Robbery because they took properties of the National Government by force and without the consent of the latter. c. Grave coercion because, although they did not have any authority of law, in effect, they compelled the security guards (representing the National Government) to do something against their will. d. They did not commit any crime as shown by the fact that they did not get any rice for themselves. Hence, they neither had intent to gain nor criminal intent.

16. While Mayor M was supervising the construction of a municipal road, X and Y, the political enemies of M, attacked M and inflicted fistic blows upon the latter. Upon seeing the incident, Censio and Candoy, both private citizens, came to the aid of M but they, in turn, were threatened and attacked by X and Y resulting in the serious injuries suffered by Censio and Candoy. With Censio and Candoy as the victims, what crime did X and Y commit? a. Direct assault because, although Censio and Candoy are mere private citizens, having attempted to aid M, a person in authority, they were impressed with the character of agents of a person in authority when X and Y used force and intimidation against them (Censio and Candoy). b. Serious physical injuries because the victims being private citizens, X and Y could not have committed the crime of indirect assault. c. Indirect assault because, although Censio and Candoy are mere private citizens, they were attempting to aid M, a person in authority, at the time X and Y used force and intimidation against them (Censio and Candoy). d. Indirect assault because, when the victims attempted to aid M, by operation of law, they were already agents of a person in authority at the time X and Y used force and intimidation against them (Censio and Candoy). 17. Agot is a known bully in his locality and he has several friends who would act in his defense upon his beck and call. P01 Bimboy had in his possession, a warrant for Agots arrest. Knowing Agot, Bimboy requested X and Y, both civilians, to assist him in the service of the warrant on Agot. Upon reaching Agots house, X and Y were the ones who knocked the door of the house. Upon opening the door, Agot and five of his friends immediately attacked X and Y inflicting serious injuries upon them. In this case, what crime did Agot and his friends commit? a. Not indirect assault, because the said crime presupposes that an agent of a person in authority is first attacked and the civilians who come to his aid are in turn attacked and injured. b. Indirect assault, because they were attacked and injured by Agot and his friends while they (X and Y) were in the act of assisting Bimboy, an agent of a person in authority, in serving the warrant of arrest upon Agot. c. Serious physical injuries, because the crime of indirect assault being a dependent crime cannot be committed if the crime of direct assault is not first committed. d. Direct assault, because civilians who come to the aid of an agent of a person in authority likewise become, by operation of law, agents of such person. 18. While in the actual performance of his official duty, COP, a chief of police, was assaulted and killed by his enemy Baldo. After the required preliminary investigation, the provincial prosecutor filed two separate informations against Baldo, namely, for Direct Assault, with the proper MCTC and Murder, with the RTC. Given: Under the RPC, the penalty for direct assault upon a person in authority is prision correccional in its medium and maximum periods, that is, the crime is cognizable by the first level courts (city courts and the MCTC), while that for murder is reclusion perpetua. Was the action taken by the prosecutor tenable? a. No, because the crime being a complex crime only one information should have been filed with the RTC being the court of higher jurisdiction. b. Yes, because the two crimes for which the prosecutor found probable cause are within the jurisdiction of the two different trial courts. c. Yes, because the penalty imposable for the crime of Direct Assault does not exceed six (6) years, hence, cognizable by the first level court, while the penalty imposable for Murder is higher than six (6) years, hence cognizable by the RTC.

7 d. No, because the crime being a complex crime only one information should have been filed with the RTC for the crime of Murder, Direct Assault being absorbed by Murder insofar as the rule on jurisdiction in criminal cases is concerned. 19 What are the instances wherein a private person could be the victim of the crime of direct assault? Point out which of the following answers is not correct. a. When a private person is attacked at the time he comes to the aid of a person in authority who is likewise attacked while in the performance of his official duty. b. When he belongs to a group of political followers which is attacked by another group of political followers but without public uprising on the part of the latter. c. When he comes to the aid of an agent of a person in authority who is likewise attacked while in the performance of official duties. d. When he belongs to the rich in the community and he is attacked, without a public uprising, by a group of poor persons (civilians) to punish him (rich person) because of his greed. 20. One late evening, A, B and C, who are private individuals, armed with unlicensed firearms, succeeded in facilitating the escape of Parto and Puno, a detention prisoner and a convicted prisoner, respectively, confined at the BJMP, by the use of force, violence and intimidation on the two jail guards. What crime(s) did A, B, C, Parto, and Puno commit? a. A, B and C committed the crime of delivery of prisoners from jail; Puno, for evasion of service of sentence, and Parto, for delivery of prisoners from jail, if both Puno and Parto conspired with A, B and C. b. A, B and C committed the crimes of illegal possession of firearms and delivery of prisoners from jail; Parto and Puno, for evasion of service of sentence. c. A, B and C committed the crime of delivery of prisoners from jail, Puno, for evasion of service of sentence. No crime was committed by Parto he being a detention prisoner. d. A, B and C committed the crimes of illegal possession of firearms and delivery of prisoners from jail; Puno, for evasion of service of sentence. Parto committed the crime of delivery of prisoners from jail. 21. B, a nineteen year-old boy, has been courting G, an eighteen-year old girl. One evening, the vesper day of the barangay fiesta, both B and G were present in the dancing place. At the time a dance piece was played, B went to the place where G was sitting and requested her for a dance. G, however, refused although, earlier, she danced with other boys. In the presence of the barangay officials and the boys and girls who were there to dance, out of a sudden, B grabbed the breast of G which was why G shouted for help. A barangay tanod then separated B from G. The incident caused a commotion at the dancing place. Considering the foregoing facts, did B commit a crime? If so, what crime did he commit? a. Yes, acts of lasciviousness. b. Yes, unjust vexation. c. Yes, the separate crimes of unjust vexation and public disturbance (tumults and other disturbances of public orders). d. Yes, the complex crime of unjust vexation with public disturbance (tumults and other disturbances of public orders) under Art. 48, RPC. 22. Janu was convicted of the crime of homicide for killing Bebot in the City of Tagbilaran in the year 2005. While serving sentence for the crime of homicide in the New Bilibid Prison, Munting-Lupa City, in June, 2011 Janu committed the crime of drug pushing in violation of RA 9165. Upon arraignment for the crime of drugpushing on January 6, 2012, Janu entered a plea of guilty to the charge. Assuming that

8 you are the presiding judge of the court where the present case of Janu is pending decision, are you going to impose upon him the maximum period for his present crime? a. No, because for an accused to be a quasi-recidivist it is required that the present crime be punished by the Revised Penal Code. As stated in the problem, Janu entered a plea of guilty to the crime of drug-pushing in violation of RA 9165 which is a special law. b. Yes, because Janu is a quasi-recidivist for having committed the present crime while serving the final judgment for his previous crime of homicide. c. No, because, although Janu is a quasi-recidivist, said aggravating circumstance is offset by the mitigating circumstance of plea of guilty. d. No, because the present crime committed by Janu is not a felony. 23. While X was serving sentence for the crime of frustrated homicide at the National Penitentiary, he committed the crime of frustrated homicide by inflicting fatal injuries on another prisoner, who, fortunately, did not die. If you were the investigating prosecutor of the present case against X, what would you allege as an aggravating circumstance in the information? a. Recidivism because X had previously been convicted of the crime of frustrated homicide which is embraced in the same title of the Revised Penal Code as the present crime. b. Quasi-recidivism because X committed the crime of frustrated homicide, a felony, while serving sentence for another felony. c. Recidivism. Not quasi-recidivism because an accused can only be a quasi-recidivist if the present felony be another crime. In the facts presented, both crimes are frustrated homicide. d. Reiteracion or habituality it appearing that X is a habitual criminal he having presently committed a crime which is actually the same as the crime for which he is serving sentence. 24. Because of the multifarious activities which the President of the Philippines has to attend to personally, one time P-Noy left a form for the appointment of a RTC Judge already signed by him at the proper portion thereof with the instruction to Atty. Oca, the Executive Secretary, to put the name of Atty. Marciano, a recommendee of the Judicial and Bar Council, as the appointee. However, after P-Noy left, Atty. Oca instead placed the name of Atty. Juancho, who was likewise recommended by the JBC to the same position. In this case, what crime did Atty. Oca commit? a. Forging the signature of the Chief Executive. b. Falsification by public officer. c. Falsification by public officer by attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. d. Falsification by public officer by making untruthful statements in a narration of facts. 25. Ignoy, an illiterate, could write his name. One time he approached Atty. Notario and requested the latter to prepare a special power of attorney (spa) empowering Badoy, a brother of Atty. Notario, to sell a parcel of titled land owned by Ignoy. For the purpose, Ignoy entrusted to Atty. Notario his TCT on the land. After conferring with Badoy, Atty. Notario instead prepared a deed of absolute sale making it appear therein that, for the amount of P200,000, Ignoy sold to Badoy the parcel of land although Ignoy did not receive even a single centavo from Badoy. It was Atty. Sano, a common friend of the three, but not their relative, who notarized the deed of sale after Ignoy affixed his signature thereon, although he (Atty. Sano) knew that Ignoy only wanted to execute a spa in favor of Badoy. Considering the foregoing facts, what crime(s) was/were committed by Atty. Notario, Badoy and Atty. Sano?

9 a. Considering the conspiracy of the three, which is implied, they committed the crime of falsification of a public document by public officer, employee or notary or ecclesiastic minister by attributing to a person who participated in an act or proceeding statements other than those in fact made by him. b. Considering the conspiracy of the three, which is implied, they committed the crime of falsification by private individuals it appearing that all the three offenders are private individuals, by attributing to a person who participated in an act or proceeding statements other than those in fact made by him. c. Considering the conspiracy of the three, which is implied, they committed the crime of estafa with unfaithfulness or abuse of confidence by taking undue advantage of the signature of Ignoy, the offended party, in blank. d. Considering the conspiracy of the three, which is implied, they committed the crime of estafa by inducing another (Ignoy) by means of deceit, to sign any document. 26. Although the monthly salary of BS, barangay secretary, as indicated in the newly enacted barangay ordinance was only P10,000, he altered the amount thereof to P12,000. Thereafter, he forwarded the ordinance to the sangguniang bayan (SB) for review. Not knowing of the alteration in the ordinance, the SB approved the ordinance upon review and returned the same to the barangay for implementation. In this case, what crime did BS instead commit? a. The crime of falsification of a legislative document he having altered an ordinance. b. Falsification by a public officer of an official document the subject of the crime an ordinance being an official document. c. Falsification by a public officer of an official document by making an alteration in a genuine document (an ordinance) which changes its meaning. d. Falsification by a public officer of an official document. 27. In the baptismal certificate issued by a priest, he put therein the status of the child he baptized as legitimate although he knew for a fact that the child is illegitimate. In this case, did the priest commit a crime? If so, what crime did he commit? a. Yes, the crime of falsification by ecclesiastical minister. b. No, because the entries in a baptismal certificate do not affect the civil status of the child as legitimate or illegitimate. c. No, because under the law, a priest or other ecclesiastical minister could only commit the crime of falsification by ecclesiastical minister if the falsification would affect the civil status of a person. d. No, because, in addition to No. c, the baptismal certificate is not even a document insofar as the civil status of the child is concerned because it is not embraced within the accepted definitions of a document. 28. Municipal Mayor M and Kag. SB of the municipality of Alegria are close friends. During the 2010 elections (municipal level), they ran and won under the same political ticket. One time, M went on official business to the United States to request financial support for the construction of a cultural center from the natives of his town who are already residents of the States. After M left, SB assumed the office and performed the duties of the mayor because before M left, he issued a Designation the pertinent portion of which reads: x x x SB shall assume and perform the duties of the Mayor until my return. Although VM, the vice-mayor, was armed with a Legal Opinion issued by the Provincial Legal Officer that on the fourth day after the departure of M, VM had the right to assume and perform the duties of the mayor, he failed to do so because SB, the department heads and the chief of police did not respect the opinion of the Provincial Legal Officer. In this case, did SB commit any crime? If so, what crime did he commit? a. Yes, the crime of Usurpation of official functions because on the fourth day after M left he no longer had a color of right to perform the official functions (duties) of the mayor.

10 b. No, because M had the authority to issue that Designation specially so that although he was physically absent he was out on official business. c. No, because whether or not the Provincial Legal Officer was correct in his opinion the same had no binding effect because he did not have any authority over municipal officials. d. Yes, the crime of Prolonging performance of duties and powers because, although in the beginning SB had the right to assume the office and perform the duties of the mayor, his performance of the duties of the mayor on the fourth day after M left and thereafter was already beyond the period provided for by the Local Government Code. 29. DP, a drug pusher, agreed with A, a police asset, for the sale of ten sachets of shabu. In spite of their agreement, A did not yet pay DP the agreed price and neither did DP deliver to A the shabu at the time the PNP raiding team effected the arrest of DP. Considering the foregoing facts, did DP already commit a crime in violation of Rep. Act No. 9165? a. No, because for the crime to be committed the law requires that the contract of sale be consummated. The perfection of the contract of sale is not sufficient. b. No, because, considering the nature of the crime, at least there should have been a delivery of the ten sachets of shabu to A. c. Yes, because under RA 9165, even the attempted sale of regulated drugs is already punished. d. Yes, because under the law, the attempted sale or delivery of prohibited or regulated drugs is punished with the same penalty as the consummated sale or delivery thereof. 30. The same facts as in No. 29 hereof and, in addition, the PNP raiding team effected the buy-bust operation after DP actually delivered the ten sachets of shabu to A and after the latter paid the marked money to DP in the amount of P5,000. However, because DP succeeded in eluding immediate arrest and was only arrested after a hot-pursuit operation, the prosecution could not present as evidence the marked money during the trial of the case against DP. In this case, would it be tenable for the court to convict DP of the crime of drug-pushing? a. Yes, because the marked money is not an essential element of the crime with which DP is charged. b. No, because the failure of the prosecution to produce the marked money is fatal to its case. c. Yes, because, in addition to No. a, hereof, even in the absence of the marked money, the crime of drug-pushing could still be established by the other evidence of the prosecution. d. No, because the failure of the prosecution to produce the marked money violates the chain-of-custody requirement in RA 9165 which is strictly adhered to by the Supreme Court.

REMINDER
PART II. ESSAY TYPE. Instruction. Bring your Notebook for Part II of the Prelim Exam to be administered on January 14, 2012 at 3:00 PM. If you do not yet have the O. R. for the Prelim Exam today (January 8, 2012), you may still show that O. R. to your teacher on January 14, 2012. Otherwise, your grade for the Prelim will be INC.

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BIT-IC COLLEGE OF LAW City of Tagbilaran

Criminal Law 2
Atty. Angel S. Ucat, Jr., Professor Prelim Exam January 8 & 14, 2012

PART II. ESSAY TYPE


Instruction. You are directed to resolve the issues formulated by your teacher from the following problems. You may take the side of the prosecution OR of the accused, but not both. Include in your discussion the possible arguments which would be raised by the adverse party for each issue. 1. B, a 25-year-old China-man, has been doggedly courting G, a girl, single, 23 years of age. Although, through acts and words, there were several occasions that G had shown to B that she does not even like him, B continued in his efforts to win the love of G. Because of what B has since been doing, G would feel annoyed and uneasy in the presence of B, specially that he seems to be always there in their house seeing to it that he is always near G. B even goes to the extent of being outside of the door of their CR whenever G intends to relieve or bathe herself. G now goes to you for your advice as to what legal step she would take so as to put an end to what B has since been doing. What is your legal advice? a. Whether or not you would advise G to file a criminal case against B for unjust vexation. b. Whether or not you would advise G to be patient with B, courtship being traditionally allowed and part of the Filipino custom. 2. Kara Masuerte, a lawyer, is the City Mayor of Danao City. Just recently, the City was hit with natural calamities, one after the other typhoons and floods. Because of the calamities many of her constituents were rendered homeless. Almost without rest, the Mayor tried her best to solve the problems of the homeless by erecting relocation sites in several places in the City, including private buildings. Her problem was compounded because there were about 100 families against whom the judgment ejecting them from the lands they were occupying and for the demolition of their houses/buildings constructed thereon had already been final and executory and a writ of execution had already been issued by the trial court. To give her enough time to solve the additional problem, through her lawyers, she filed an urgent motion with the trial court requesting for the deferment of the demolition. Although DS, the deputy sheriff who was about to enforce the writ of execution was informed of the filing of the urgent motion, he refused to wait for two hours as requested by the mayor for the court to act on the motion because the plaintiff, who was present with his lawyers, insisted on the demolition on the contention that the demolition was a ministerial duty of DS. And so, DS proceeded with the demolition. Irked, the Mayor punched and rained several fistic blows on the face and on the other parts of the body of DS. The punching shown live on TV - prevented DS from continuing with the demolition, especially that the defendants, who are homeless, with their supporters, were likewise present ready to give aid and support to the Mayor. Thereafter, the City Mayor was charged in a complaint for preliminary investigation with the City Prosecution Office of Danao City for the crime of Direct Assault for her acts against DS. You are now required to determine whether or not the following defenses raised by the City Mayor are tenable:

12 a. Illegality of the act of DS in insisting to continue with the demolition; and b. Fulfillment of a duty or in the lawful exercise of a right or office on her part. 3. For a week, NFA rice, which were stored inside a government warehouse, were sold to the public, especially to the poor, at a much lower price than commercial rice. For unknown reasons, the sale was stopped although the public knew that the warehouse was almost full of sacks of hulled rice. One day, there were about 100 persons who were outside the warehouse waiting for it to be opened in the hope that they could buy NFA rice. Then, five men, namely, A, B, C, D and E, who were armed with bladed weapons, succeeded in disarming the two security guards of the warehouse and in forcibly opening the warehouse. Then, they distributed to the 100 persons several sacks of NFA rice without requiring them to pay for the rice. However, the five men did not get any rice for themselves. After the required preliminary investigation, the five men were charged in an information for the crime of Sedition under Art. 139 No. 5 of the Revised Penal Code. In this connection, you are required to determine whether or not the following defenses raised by the five men (A, B, C, D and E) are tenable: a. Justifying circumstance under Art. 11 No. 4 of the RPC which reads: 4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, x x x ; and b. That had they not done what they did, a riot could have happened and/or some of the residents could have died for lack of rice to eat. 4. Armed with a search warrant, the police officers succeeded in recovering from X, the accused, large quantities of shabu and marijuana. From police records, X is not included in the list of drug users. As the Investigating Prosecutor investigating the case, what crime would you charge X? a. Illegal Possession of Dangerous Drugs?; or b. Attempted Sale of Dangerous Drugs? 5. Jose was charged with the crime of slight physical injuries before the Municipal Circuit Criminal Court. Right after the promulgation of the judgment and when Jose knew that he was convicted, he threw an ashtray against the Presiding Judge who was then about to leave the court room. Jose picked up the ashtray from the lawyers table. Fortunately, the Presiding Judge was not hit because, instinctively, he avoided the flying ashtray. Frustrated, Jose was in the act of throwing a chair against the Presiding Judge, when Atty. Toh, Joses lawyer, attempted to restrain him (Jose). Jose then boxed Atty. Toh who was hit at his jaw rendering the latter unconscious. It was only at this juncture, that a PNP officer arrived and effected the arrest of Jose. Considering the foregoing facts, resolve the following issues: a. Whether or not Jose committed the crime of direct assault; and b. Whether or not the crime committed by Jose was a complex crime.

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