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An NBI agent who had a long standing grudge with his neighbor executed an affidavit stating therein that guns and ammunitions are inside the house of his neighbor Louis. The same affidavit was presented to the Judge and on the basis thereof said Judge issued a warrant of arrest. Upon the execution of the warrant, neither guns nor ammunition was found in said house. What crime or crimes did the NBI agent commit?
2. Congressman Jose was charged with the crime of murder for which the punishment was prision mayor. In view with such information, the police arrested Congressman Jose. Congressman Jose filed an information against the arresting officer for violation of parliamentary immunity. As the Judge, how would you decide the case before you. 3. Elisa went to the police headquarters charging Arnel for rape. Elisa narrated to the policemen what happened and consequently proceeded to the house of Arnel and arrested him. Five days after his arrest, an information of rape was filed against Arnel. Arnel’s mother was seeking your advice of the matter. What advice will you give and what crime was committed by the arresting officers? 4. The prosecutor filed a case of murder against John. In lieu of which, John was arrested and no bail was permitted on him. In a baptismal party, John’s brother saw the prosecutor and shot him thereby resulting to the death of said prosecutor. What crimes did John’s brother commit?
5. A priest presented a baptismal certificate dated 17 September 1999 which certificate Bella used for admission to San Beda. Said institution requires that their students be members of the Catholic Church as a requisite for entrance thereto. The truth of the matter is that Bella has never been baptized. What crime/s if any, was committed by the priest?
6. Gregorio Honasan and company for the purpose of taking Malacanang, went to said place and seized the chief executive. In a separate building, other presidential security men were killed and another building was burned. What crime/s if any, did Honasan and company be held liable for?
7. Pol and Lis, policemen, entered a house whose doors were opened. While in the sala and in search of three boxes of marijuana allegedly kept therein, the owner of the house noticing their presence asked them to stop the search and leave which Pol and Lis did. What crime/s has been committed by the two?
8. Cebu Pacific, an aircraft registered in the Philippines was destined for Cebu. Vero and Elen boarded said plane put their things on the racks, brought out their guns and went to the cockpit and seized its control. Vero and Elen ordered the doors of the plane to be closed and at gun point told the pilot to change their destination to Zamboanga. What crime/s did the two commit?
9. MV Dona Tara was crossing the low water mark bound for Cebu when Tony, a passenger of said vessel divested 5 other passengers of their jewelries and other precious belongings. What crime/s may Tony be held liable for?
CRIMINAL LAW II MIDTERMS 2002-2003 ATTY. AMURAO
While M/V SM was anchored at Batangas City Pier waiting for passengers to board until their scheduled departure time. which he did without any word. NBI agent William and Jerry received a call from a supervisor of the PAL saying that a passenger attempted to check in for a PAL flight to Los Angeles. and jewelries to them which they did out of fear. Don Galo. who was perceived to be a military asset and the reason for many surprise assaults against them resulting to the death of several of their comrades. loaded his plane with poisonous and flammable chemicals as well as assorted explosives to be used in his mining operations in the province. Noticing the presence of a stranger. Tony. What crime or crimes if any will you prosecute Rick. the NBI agents arrested the passenger and detained him at the NBI detention cell. he was shot and killed by the Governor who was the owner of a cockpit. What crime or crimes if any will you prosecute Don Galo? 3. The police authorities arrested Congressman Malinis by virtue of a warrant of arrest issued by the court where he was charged as an accessory to the crime of homicide. With grenades and pistols in their hands and under threat of exploding their grenades. and Ka Cosme? 7. and Baldo? 2. members of the PNP CIDG were disarmed and detained by elements of the WPD who refused to release them despite request by their commanding officer. 2002 at 3PM. Ka Gardo. and Ka Cosme. which the former ordered closed a week earlier for violation of a municipal ordinance. What crime or crimes if any will you prosecute SPO2 Cruz? 6. On board the plane were his 5 workers and employees. By virtue of a warrant of arrest. The following morning. What crime or crimes if any will you prosecute the CIDG elements? 9. all NPA members. What crime or crimes if any will you prosecute the Governor? . While the Mayor was attending a mass in church one Sunday morning. Ka Jerry. What crime or crimes if any will you prosecute Ka Jerry. Homicide is punished under the Revised Penal Code with Reclusion Temporal. they demanded that all passengers hand over their cellphones. Ricky. presenting a visa which is doubted to be fake. SPO1 Miranda arrested John who was facing a charge of Homicide on April 5. ambushed and murdered Celo. USA. Tony and Baldo boarded the vessel. Ka Gardo.1. 2002 10AM and turned him over to the court only on April 8. Ernie who was at the upper floor of his house. For refusing to pay for their food and drinks in a karaoke bar. went down and demanded that SPO2 Cruz leave. 10 of their colleagues in the CIDG stormed and shot at random the WPD Headquarters in order to avenge the wrong committed against their colleagues. What crime or crimes if any will you prosecute the police authorities? 8. What crime or crimes if any will you prosecute the NBI agents? 4. wallets. Responding to their call. PO1 Bala AND po2 Subas. SPO2 Cruz secretly entered Ernie’s house by passing thru the closed-back door. a wealthy businessman and owner of a 6-seater private plane duly registered in accordance with Philippine laws. During their tour of duty at their NAIA satellite office. What crime or crimes will you prosecute SPO1 Miranda? 5.
what courses of action will you take to protect your client? 10. A interposed the defense that the alleged crime was not committed during the performance of his office. The Municipal Secretary. the boy was allowed to play basketball in the yard. without any authority.10. it was showed that he was actually married. AMURAO 1. Is there an offense? 9. She was found to be an addict. The boy beat the driver of Capt Reyes of the AFP. The secretary in order to make the quorum in a SB meeting. Metrocom soldiers obtained information that one of their men had been manhandled by a member of the WPD policemen. they destroyed the door. and C. What crime or crimes if any will you prosecute the Municipal Secretary? CRIMINAL LAW II COMPILATION OF MIDTERM QUESTIONS ATTY. who was under investigation testified in his bio-data that he was single. altered the resolution which caused a substantial change in its meaning and application. the meeting was adjourned without discussing anything in the agenda. One night. 17 years old. Witness A testified that X delivered speeches favoring the Japanese. who were in a motorized banca. Is Treason committed? 3. The boy was released after 34 hours. took and forced open the safe outside the building.000. A Catholic priest was about to say mass. X was charged with treason. Is there an offense committed? 8. He typed something therein addressed to the GSIS so as to obtain a housing loan amounting to P100. was arrested for smoking marijuana. Capt Reyes then kept the boy in his house. X. Stella Estrada. a private individual conspired to simulate a robbery at the cashier’s office. They poked guns to the crew. What is the crime committed? 6. B stated that he is a mere janitor and . What is the offense committed? 2. They lobbed grenades to the five police outposts causing disturbance to the inhabitants but no one was injured. However. It was her first offense. What is the offense committed? 4. A fishing boat. and another SB member present although they were not.00. and C. who has the official custody of a municipal resolution duly approved by the municipal council. B. A-cashier. When charged before the court for malversation. A barangay captain who was a member of the INR threatened the priest not to hold that mass and got the people dispersed. Is there any offense committed? 7. anchored 5 miles from the coast was boarded by A. B-janitor. A Malacanang janitor found a stationary with the President’s signature at the bottom. What is the crime committed? 5. got their watches and valuables amounting to P5. included in the minutes that Pedro Reyes. Witness B testified that X commandeered foodstuffs to the garrison. The secretary contended that after just 5 minutes.000. If you were the defense counsel. He was able to get the amount. When his residence certificate was submitted as evidence.
A gave her chocolate with an over-dose of canthande. if any was committed by Juan? 16. Motivated by hatred. that she at first objected but later consented and herself lowered her trousers while the paramour unbuttoned his. Consequently. Is A liable for murder or homicide? 14. On the occasion thereof. the husband came home and started cleaning his shot gun. saying “Bumaba ka sa bahay mo at tayo ay magtagisan ng lakas at tingnan natin kung kaninong bituka ang lalabas” at the same time brandishing a bolo. A pleasure craft cruising along the Manila Bay more than 3 miles from the shoreline of Bataan was intercepted by a boat of armed men aboard a speed boat.therefore not accountable for the funds. In the process. In order to excite B sexually. Accused came home unexpectedly. Is the accusation correct? Why? 12. The armed men boarded the craft and at gun point divested the crew and passengers of their valuables. They have a child only 2 days old. and helping the latter in the purchase of basic necessities from the market. 5 lady passengers were raped. Also. While C vehemently claimed that he is a private individual and therefore could not be liable for malversation of public funds. What was the felony committed and under what provision of law should they be charged? 17. he succeeded in having sexual intercourse with her. Pedro chased him and only the presence of cooler heads prevented Pedro. Before ascending the stairs. **The samplex did not have a question** POSSIBLE TOPICS TO BE ASKED: Aleviosa. Pedro shouted at Jose. Before they could commence the sexual act. 11. X is not a member of the NPA nor did he take up arms against the government. Availing of the opportunity with a promise of marriage. he was responsible for opening a bank account for the NPA chief. X. so that he could consummate his lewd design. the woman died. X an Y are living together without the benefit of marriage. he saw the paramour trying to lift the skirt of his wife. while Jose was walking near his house. The evidence however shows that he has been furnishing food supplies. Juana who is 17 years old as her parents were absent. What crime. the gun fired fatally hitting Y and the child. cigarettes and other necessities to the chief of the NPA. Jose refused to accept the challenge but minutes later. I being a fact that canthande contains poison. he peeped through a hole near the kitchen door. After a drinking spree. Is X liable for any felony? . Juan went to the house of his fiancé. Decide. What is the legal consequence of the killing? 13. accused burst into the room and stabbed the paramour to death. X is accused of double parricide thru reckless imprudence. There is no question that the intention of A is merely to excite the woman sexually and not to kill her. Can the attack be considered sudden? Was there a warning prior? Did the refusal to accept the challenge negate the warning of the lines uttered? 15. saw his wife and her paramour kissing each other and after a few minutes.
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