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.

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

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

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

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

X and Y were the ones who knocked the door of the house. X and Y could not have committed the crime of indirect assault. a person in authority. the political enemies of M. Yes. Indirect assault because. having attempted to aid M. b. they were attempting to aid M. After the required preliminary investigation. cognizable by the first level court. a person in authority. was assaulted and killed by his enemy Baldo. While Mayor M was supervising the construction of a municipal road. while that for murder is reclusion perpetua. that is. hence cognizable by the RTC. a warrant for Agot’s arrest. 18. both civilians. because the crime of indirect assault being a dependent crime cannot be committed if the crime of direct assault is not first committed. the penalty for direct assault upon a person in authority is prision correccional in its medium and maximum periods. Upon seeing the incident. because they were attacked and injured by Agot and his friends while they (X and Y) were in the act of assisting Bimboy. came to the aid of M but they. both private citizens. Serious physical injuries. Direct assault because. because the two crimes for which the prosecutor found probable cause are within the jurisdiction of the two different trial courts.6 16. Agot and five of his friends immediately attacked X and Y inflicting serious injuries upon them. Indirect assault. attacked M and inflicted fistic blows upon the latter. a chief of police. Censio and Candoy. by operation of law. Was the action taken by the prosecutor tenable? a. Upon reaching Agot’s house. Knowing Agot. at the time X and Y used force and intimidation against them (Censio and Candoy). Upon opening the door. agents of such person. what crime did Agot and his friends commit? a. by operation of law. when the victims attempted to aid M. . while the penalty imposable for Murder is higher than six (6) years. Not indirect assault. for Direct Assault. No. the crime is cognizable by the first level courts (city courts and the MCTC). c. to assist him in the service of the warrant on Agot. what crime did X and Y commit? a. the provincial prosecutor filed two separate informations against Baldo. an agent of a person in authority. c. X and Y. namely. hence. Given: Under the RPC. 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. 17. because civilians who come to the aid of an agent of a person in authority likewise become. in turn. 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. although Censio and Candoy are mere private citizens. In this case. b. Yes. d. with the proper MCTC and Murder. COP. although Censio and Candoy are mere private citizens. Serious physical injuries because the victims being private citizens. in serving the warrant of arrest upon Agot. b. With Censio and Candoy as the victims. because the penalty imposable for the crime of Direct Assault does not exceed six (6) years. Bimboy requested X and Y. Direct assault. c. P01 Bimboy had in his possession. with the RTC. 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). were threatened and attacked by X and Y resulting in the serious injuries suffered by Censio and Candoy. d. because the crime being a complex crime only one information should have been filed with the RTC being the court of higher jurisdiction. 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 and C committed the crime of delivery of prisoners from jail. B grabbed the breast of G which was why G shouted for help. 2012. what crime did he commit? a.7 d. unjust vexation. for evasion of service of sentence. Considering the foregoing facts. While serving sentence for the crime of homicide in the New Bilibid Prison. RPC. however. c. earlier. Parto. did B commit a crime? If so. a. without a public uprising. Direct Assault being absorbed by Murder insofar as the rule on jurisdiction in criminal cases is concerned. Yes. by a group of poor persons (civilians) to punish him (rich person) because of his greed. in June. succeeded in facilitating the escape of Parto and Puno. violence and intimidation on the two jail guards. No. for evasion of service of sentence. d. refused although. Munting-Lupa City. A. Parto and Puno. B and C committed the crime of delivery of prisoners from jail. Upon arraignment for the crime of “drugpushing” on January 6. has been courting G. When he belongs to the rich in the community and he is attacked. c. B. A. A. the complex crime of unjust vexation with public disturbance (tumults and other disturbances of public orders) under Art. Janu entered a plea of guilty to the charge. B went to the place where G was sitting and requested her for a dance. Assuming that . 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. B and C. Yes. an eighteen-year old girl. Puno. Janu was convicted of the crime of homicide for killing Bebot in the City of Tagbilaran in the year 2005. B and C. C. acts of lasciviousness. confined at the BJMP. d. One evening. the vesper day of the barangay fiesta. Yes. 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. A. The incident caused a commotion at the dancing place. because the crime being a complex crime only one information should have been filed with the RTC for the crime of Murder. for evasion of service of sentence. In the presence of the barangay officials and the boys and girls who were there to dance. a detention prisoner and a convicted prisoner. 48. Yes. armed with unlicensed firearms. B. and Puno commit? a. b. for evasion of service of sentence. B and C committed the crimes of illegal possession of firearms and delivery of prisoners from jail. A barangay tanod then separated B from G. out of a sudden. for delivery of prisoners from jail. 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. and Parto. a nineteen year-old boy. Puno. Puno. by the use of force. At the time a dance piece was played. G. if both Puno and Parto conspired with A. c. the separate crimes of unjust vexation and public disturbance (tumults and other disturbances of public orders). What crime(s) did A. 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. B and C committed the crimes of illegal possession of firearms and delivery of prisoners from jail. she danced with other boys. 2011 Janu committed the crime of “drug pushing” in violation of RA 9165. who are private individuals. both B and G were present in the dancing place. 20. No crime was committed by Parto he being a detention prisoner. A. d. Parto committed the crime of delivery of prisoners from jail. 21. respectively. One late evening. b. b. 22.

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

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

even the attempted sale of regulated drugs is already punished. because M had the authority to issue that Designation specially so that although he was physically absent he was out on official business. No. 29 hereof and.000. ESSAY TYPE. 2012. However. 9165? a. d. No. Considering the foregoing facts. R. Yes. a. Instruction. even in the absence of the marked money. In this case. b. The same facts as in No. d. Yes. Act No. 2012). for the sale of ten sachets of shabu. d. a police asset. to your teacher on January 14. No. No. although in the beginning SB had the right to assume the office and perform the duties of the mayor. 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. agreed with A. . because. 29. your grade for the Prelim will be INC. 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. did DP already commit a crime in violation of Rep. a drug pusher. the attempted sale or delivery of prohibited or regulated drugs is punished with the same penalty as the consummated sale or delivery thereof. Otherwise. considering the nature of the crime. the crime of Prolonging performance of duties and powers because. If you do not yet have the O. because. c.10 b. b. REMINDER PART II. 2012 at 3:00 PM. The perfection of the contract of sale is not sufficient. 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 for the crime to be committed the law requires that the contract of sale be consummated. because under the law. in addition. for the Prelim Exam today (January 8. 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. Yes. DP. would it be tenable for the court to convict DP of the crime of “drug-pushing”? a. No. the crime of “drug-pushing” could still be established by the other evidence of the prosecution. because the failure of the prosecution to produce the marked money is fatal to its case. Yes. you may still show that O. 30. Yes. In spite of their agreement. c. the prosecution could not present as evidence the marked money during the trial of the case against DP. because under RA 9165. 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. at least there should have been a delivery of the ten sachets of shabu to A. hereof. in addition to No. No. because DP succeeded in eluding immediate arrest and was only arrested after a “hot-pursuit” operation. R. c. Bring your Notebook for Part II of the Prelim Exam to be administered on January 14.

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

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

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