You are on page 1of 12

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.

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

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

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

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

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

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

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

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

for the sale of ten sachets of shabu. c. 2012 at 3:00 PM. because the marked money is not an essential element of the crime with which DP is charged. Yes. 9165? a. considering the nature of the crime. DP. hereof. a drug pusher. you may still show that O. although in the beginning SB had the right to assume the office and perform the duties of the mayor. because M had the authority to issue that Designation specially so that although he was physically absent he was out on official business. REMINDER PART II. 2012). because the failure of the prosecution to produce the marked money is fatal to its case. d. 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. a police asset. because for the crime to be committed the law requires that the contract of sale be consummated. .10 b. your grade for the Prelim will be INC. the prosecution could not present as evidence the marked money during the trial of the case against DP. did DP already commit a crime in violation of Rep. a. R. would it be tenable for the court to convict DP of the crime of “drug-pushing”? a.000. R. because. Yes. 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. 2012. No. In spite of their agreement. No. However. d. b. at least there should have been a delivery of the ten sachets of shabu to A. Yes. even in the absence of the marked money. No. because under RA 9165. c. 29 hereof and. to your teacher on January 14. in addition. in addition to No. Bring your Notebook for Part II of the Prelim Exam to be administered on January 14. Otherwise. Yes. In this case. 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 crime of Prolonging performance of duties and powers because. 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 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. Yes. for the Prelim Exam today (January 8. because DP succeeded in eluding immediate arrest and was only arrested after a “hot-pursuit” operation. 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. c. Act No. d. even the attempted sale of regulated drugs is already punished. ESSAY TYPE. The same facts as in No. because under the law. the crime of “drug-pushing” could still be established by the other evidence of the prosecution. agreed with A. If you do not yet have the O. No. Instruction. b. because. No. No. The perfection of the contract of sale is not sufficient. 29. Considering the foregoing facts.

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

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