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.

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

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

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

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

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

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

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

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

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

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

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