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 Fero’s boat and beat Fero to unconsciousness (but Fero did not die). While Fero was still unconscious, Enoc took Fero’s 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 Fero’s 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 Fero’s 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.

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

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. Ernie. As for Didoy. P easily entered the house because although the door was closed it was not locked. Considering the foregoing facts. in the . 7. including Didoy and Ernie. they committed the crime of proposal to commit sedition. in effect conspired to prevent the execution of a law which is one of the objects of the crime of sedition. Having agreed to prevent the full implementation of the Land Reform Law in Mindanao. 8. Moreso. b. A. Based on the facts of the problem. 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. A. they committed the crime of conspiracy to commit sedition. even A. Although H and W did not require P to leave the house. RPC). P did not commit any crime. P left the house without saying anything. A. proposed to A and B that they would rob a bank two days after. b. B and C. while they were conferring with each other. Didoy and Ernie promised to the three that they would finance the group and furnish the members thereof with the needed firearms. Arbitrary detention it appearing that the detention of D is without legal ground. Delay in the delivery of detained persons to the proper judicial authorities (Art. c. proposed to A. B and C are not criminally liable for conspiracy to rob a bank such agreement not being punished as a crime. were arrested by the police. 125. As for Didoy and Ernie. Unknown to the former soldiers and Didoy and Ernie. A. Ernie. they. b. However. they committed the crime of conspiracy to commit sedition. a police officer. After Didoy and Ernie left. 124. they. did P commit a crime? If so. in effect conspired to prevent the execution of a law which is one of the objects of the crime of sedition. what crime did P commit? a. respectively. In this case. husband and wife. B and C. are the owners of a residential house. Ernie. Having agreed to prevent the full implementation of the Land Reform Law in Mindanao. two big landowners. B and C were former soldiers who belong to the Lost Command in Mindanao. On the part of A. d. they committed the crime of conspiracy to commit sedition. they. 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. who was in need of money. One evening while H and W were away. surreptitiously went inside the house for the purpose of looking for drugs although he did not have a search warrant with him. A. d. H is included in the watch list of drug pushers kept by the police. A and B agreed. 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. c. As for Didoy. C. they committed the crime of conspiracy to commit sedition. B and C. P could only commit the crime of Violation of domicile had he been required to leave and he refused to do so. c. they were overheard by Lando who immediately reported the incidents to the police. H and W. what crime(s) were committed by the three former soldiers and Didoy and Ernie? a. RPC). B and C.3 a. 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. Didoy and Ernie. P could not yet find anything at the time H and W arrived. As for Didoy. P. d. B and C agreed. Arbitrary detention (Art. Which was why before the former soldiers could rob a bank and begin organizing the group of 50 armed men.

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

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

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

d. earlier. A. Janu was convicted of the crime of homicide for killing Bebot in the City of Tagbilaran in the year 2005. The incident caused a commotion at the dancing place. b. because the crime being a complex crime only one information should have been filed with the RTC for the crime of Murder. No. In the presence of the barangay officials and the boys and girls who were there to dance. 2012. B and C. B and C committed the crimes of illegal possession of firearms and delivery of prisoners from jail. by a group of poor persons (civilians) to punish him (rich person) because of his greed. who are private individuals. B. the separate crimes of unjust vexation and public disturbance (tumults and other disturbances of public orders). d. What crime(s) did A. A barangay tanod then separated B from G. confined at the BJMP. 48. b. B went to the place where G was sitting and requested her for a dance. A. if both Puno and Parto conspired with A. Yes. B and C committed the crime of delivery of prisoners from jail. One evening. respectively. for evasion of service of sentence. Parto and Puno. without a public uprising. Direct Assault being absorbed by Murder insofar as the rule on jurisdiction in criminal cases is concerned. has been courting G. the vesper day of the barangay fiesta. Parto committed the crime of delivery of prisoners from jail. Parto. One late evening. a. 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. for evasion of service of sentence. refused although. 20. unjust vexation. did B commit a crime? If so. RPC. Yes. B. At the time a dance piece was played. A. 22. by the use of force. Considering the foregoing facts. and Puno commit? a. Puno. b. d. c.7 d. and Parto. a detention prisoner and a convicted prisoner. the complex crime of unjust vexation with public disturbance (tumults and other disturbances of public orders) under Art. for evasion of service of sentence. No crime was committed by Parto he being a detention prisoner. A. out of a sudden. 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. a nineteen year-old boy. Yes. c. B grabbed the breast of G which was why G shouted for help. B and C committed the crime of delivery of prisoners from jail. 2011 Janu committed the crime of “drug pushing” in violation of RA 9165. succeeded in facilitating the escape of Parto and Puno. acts of lasciviousness. 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. Yes. c. Puno. an eighteen-year old girl. 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. armed with unlicensed firearms. Upon arraignment for the crime of “drugpushing” on January 6. for evasion of service of sentence. she danced with other boys. 21. Assuming that . While serving sentence for the crime of homicide in the New Bilibid Prison. violence and intimidation on the two jail guards. in June. Puno. both B and G were present in the dancing place. When he belongs to the rich in the community and he is attacked. what crime did he commit? a. G. Janu entered a plea of guilty to the charge. for delivery of prisoners from jail. B and C committed the crimes of illegal possession of firearms and delivery of prisoners from jail. Munting-Lupa City. however. B and C.

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

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

for the Prelim Exam today (January 8. agreed with A. at least there should have been a delivery of the ten sachets of shabu to A. Yes. although in the beginning SB had the right to assume the office and perform the duties of the mayor. No. b. Yes. 2012 at 3:00 PM. c. the prosecution could not present as evidence the marked money during the trial of the case against DP. 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. 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. 2012. because. b. 9165? a. In this case. a police asset. 30. the crime of “drug-pushing” could still be established by the other evidence of the prosecution. the crime of Prolonging performance of duties and powers because. because for the crime to be committed the law requires that the contract of sale be consummated. the attempted sale or delivery of prohibited or regulated drugs is punished with the same penalty as the consummated sale or delivery thereof. No. R. to your teacher on January 14.10 b. because under RA 9165. because under the law. No. for the sale of ten sachets of shabu. considering the nature of the crime. Yes. because M had the authority to issue that Designation specially so that although he was physically absent he was out on official business. c. d. a.000. in addition. hereof. even the attempted sale of regulated drugs is already punished. R. Bring your Notebook for Part II of the Prelim Exam to be administered on January 14. 29 hereof and. because the failure of the prosecution to produce the marked money is fatal to its case. . 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. because the marked money is not an essential element of the crime with which DP is charged. because. c. Act No. you may still show that O. did DP already commit a crime in violation of Rep. No. Otherwise. 29. because DP succeeded in eluding immediate arrest and was only arrested after a “hot-pursuit” operation. Yes. If you do not yet have the O. 2012). a drug pusher. The perfection of the contract of sale is not sufficient. in addition to No. Instruction. No. No. Yes. even in the absence of the marked money. d. However. ESSAY TYPE. 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. 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. would it be tenable for the court to convict DP of the crime of “drug-pushing”? a. REMINDER PART II. DP. In spite of their agreement. your grade for the Prelim will be INC. The same facts as in No. Considering the foregoing facts.

she filed an urgent motion with the trial court requesting for the deferment of the demolition. but not both. the deputy sheriff who was about to enforce the writ of execution was informed of the filing of the urgent motion. 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. Include in your discussion the possible arguments which would be raised by the adverse party for each issue.. were likewise present ready to give aid and support to the Mayor. DS proceeded with the demolition. Jr. a girl. is the City Mayor of Danao City. To give her enough time to solve the additional problem. 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. Because of the calamities many of her constituents were rendered homeless. Although. B even goes to the extent of being outside of the door of their CR whenever G intends to relieve or bathe herself. Ucat. 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. 2. Kara Masuerte. specially that he seems to be always there in their house seeing to it that he is always near G. a lawyer. 2012 PART II. 23 years of age. through acts and words. Whether or not you would advise G to file a criminal case against B for unjust vexation. there were several occasions that G had shown to B that she does not even like him. 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. the Mayor tried her best to solve the problems of the homeless by erecting relocation sites in several places in the City. through her lawyers. Thereafter. What is your legal advice? a. Professor Prelim Exam January 8 & 14. a 25-year-old China-man. Whether or not you would advise G to be patient with B. And so. he refused to wait for two hours as requested by the mayor for the court to act on the motion because the plaintiff. the City was hit with natural calamities. ESSAY TYPE Instruction. B.11 BIT-IC COLLEGE OF LAW City of Tagbilaran Criminal Law 2 Atty. You are now required to determine whether or not the following defenses raised by the City Mayor are tenable: . You are directed to resolve the issues formulated by your teacher from the following problems. Almost without rest. including private buildings. Just recently. 1. courtship being traditionally allowed and part of the Filipino custom. b. insisted on the demolition on the contention that the demolition was a ministerial duty of DS. B continued in his efforts to win the love of G. especially that the defendants. who are homeless. with their supporters. Irked. Angel S. You may take the side of the prosecution OR of the accused. one after the other – typhoons and floods. Although DS. Because of what B has since been doing. single. who was present with his lawyers. has been doggedly courting G. G would feel annoyed and uneasy in the presence of B.

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