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I.

(10%)
What are the penalties that may be served
simultaneously?
ANSWER:
The penalties that may be simultaneously served are: (1)
perpetual absolute disqualii!ation" (#) perpetual spe!ial
disqualii!ation" ($) temporary absolute disqualii!ation"
(%) temporary spe!ial disqualii!ation" (&) suspension" (')
destierro" (() publi! !ensure" ()) ine and bond to *eep
the pea!e" (+) !ivil interdi!tion" and (1,) !onis!ation and
payment o !osts-
II.
(10%)
Tibur!io as*ed Anasta!io to .oin their /roup or a
0session0- Thin*in/ that it 1as or a mah.on/ session"
Anasta!io a/reed- 2pon rea!hin/ Tibur!io?s house"
Anasta!io dis!overed that it 1as a!tually a shabu
session- At that pre!ise time" the pla!e 1as raided by the
poli!e" and Anasta!io 1as amon/ those arrested-
What !rime !an Anasta!io be !har/ed 1ith" i any?
E3plain your ans1er-
ANSWER:
Anasta!io !an be !har/ed 1ith no !rime or his a!ts-
4n a!t" his a!ts are not even !overed by 5omprehensive
6an/erous A!t o #,,#" 1hi!h penali7es any person 1ho
shall *no1in/ly visit a pla!e 1here dan/erous dru/s is
used in any orm and he is a1are o the pla!e as su!h"
be!ause the elements o this !rime are not sho1n in the
!ase at bar- 8en!e" in the absen!e o the aorementioned
elements he !annot be !har/ed 1ith violation o
5omprehensive 6an/erous A!t o #,,#- To hold
other1ise 1ould ma*e it unla1ul or any person 1ho
visits a house not *no1in/ it is bein/ used as a pla!e or
dru/ a!tivities- That 1ould be unair" illo/i!al and not
serve the ends o the la1-
(I assume that Anastacio underwent an investigation and
he posited that he misapprehended the purpose of the
invitation of Tiburcio and the former was not aware that
the latters house was being used as a den for shabu
session-)
III.
(10%)
9ervis and :arlon as*ed their riend" 9onathan" to help
them rob a ban*- 9ervis and :arlon 1ent inside the ban*"
but 1ere unable to /et any money rom the vault be!ause
the same 1as prote!ted by a time;delay me!hanism-
They !ontented themselves 1ith the !ustomer?s
!ellphones and a total o <&",,, in !ash- Ater they
dashed out o the ban* and rushed into the !ar" 9onathan
pulled the !ar out o the !urb" hittin/ a pedestrian 1hi!h
resulted in the latter?s death-
What !rime or !rimes did 9ervis" :arlon and 9onathan
!ommit? E3plain your ans1er-
ANSWER:
9ervis" :arlon and 9onathan !ommitted a spe!ial
!omple3 !rime o robbery 1ith homi!ide-
4t is robbery 1ith homi!ide be!ause the ori/inal desi/n o
the three malea!tors 1as robbery and the homi!ide
o!!urred durin/ the robbery- Settled is the rule that the
!rime is still robbery 1ith homi!ide i the person *illed 1as
an inno!ent bystander and not the person robbed and
even i the death 1as supervened by mere a!!ident-
9ervis and :arlon !annot !laim that it 1as 9onathan 1ho
ran over and *illed the pedestrian and thereore they are
not liable or robbery 1ith homi!ide be!ause it is 1ell
entren!hed in our .urispruden!e that 1hen a homi!ide
ta*es pla!e as a !onsequen!e o or on o!!asion o
robbery" all those 1ho too* part in the robbery are /uilty
as prin!ipals in the spe!ial !omple3 !rime o robbery 1ith
homi!ide" even i they did not a!tually parti!ipate in the
homi!ide-
IV.
(10%)
:a!*y" a se!urity /uard" arrived home late one ni/ht ater
renderin/ overtime- 8e 1as sho!*ed to see 9oy" his 1ie"
and =en" his best riend" in the a!t o havin/ se3ual
inter!ourse- :a!*y pulled out his servi!e /un and shot
and *illed =en-
The !ourt ound that =en died under e3!eptional
!ir!umtan!es and e3onerated :a!*y o murder but
senten!ed him to destierro" !onormably 1ith Arti!le #%(
o the Revised <enal 5ode- The !ourt also ordered
:a!*y to pay indemnity to the heirs o the vi!tim in the
amount o <&,",,,-
a- 6id the !ourt !orre!tly order :a!*y to pay indemnity
even thou/h he 1as e3onerated o murder? E3plain your
ans1er-
b- While servin/ his senten!ed" :a!*y entered the
prohibited area and had a pot session 1ith 4vy (9oy?s
sister)- 4s :a!*y entitled to an indeterminate senten!e in
!ase he is ound /uilty o the use o prohibited
substan!es? E3plain your ans1er-
ANWER:
a) >es" the !ourt is !orre!t- :a!*y 1as e3onerated
o murder be!ause o the beneit /ranted to him
by la1 under Art- #%( o the Revised <enal 5ode"
1hi!h is an absolutory !ause or e3emptin/
!ir!umstan!es-
As a rule" e3emption rom !riminal liability by
reason o an e3emptin/ !ir!umstan!es does not
in!lude e3emption rom !ivil liability- There are
only t1o !ir!umstan!es 1hi!h are allo1ed as
e3!eptions to this rule" they are : 1) in.ury !aused
by mere a!!ident " and #) ailure to perorm an
a!t required by la1 1hen prevented by some
la1ul or insuperable !ause- The !ase at bar
sho1s that the a!t !ommitted by :a!*y is not
one o these !ir!umstan!es-
Thereore" he is not e3empt rom payment o
indemnity althou/h e3empt rom !riminal liability-
b) 4t depends-
The !ase at bar does not sho1 1hether :a!*y?s
dru/ oense is his irst or se!ond oense- These
are important to the determination o 1hether
:a!*y is entitled to indeterminate senten!e-
4n !ase :a!*y is ound /uilty o the use o
prohibited substan!es or the irst time" 1hi!h
!arries a penalty o rehabilitation in /overnment
!enter" he is not entitled to indeterminate
senten!e be!ause the lndeterminate Senten!e
@a1 requires that the penalty as ultimately
resolved 1ill be imprisonment as to set
indeterminate senten!e into operation- 4n other
1ords" the 4nderterminate Senten!e @a1
!ontemplates o imprisonment" and not o
rehabilitation" as penalty-
An the other hand" in !ase :a!*y is ound /uilty
o the use o prohibited substan!es or the
se!ond time" or 1hi!h a penalty o imprisonment
is imposed by 5omprehensive 6an/erous 6ru/
A!t o #,,#" he is entitled to indeterminate
senten!e be!ause dru/ oenses are not in!luded
in the e3!eptions to the appli!ation o
4ndeterminate Senten!e @a1" provided that
ollo1in/ !onditions !on!ur :
1) the penalty to be imposed does not involve
re!lusion perpetua-
#) the penalty as ultimately resolved 1ill e3!eed
one year o imprisonment
V.
(10%)
a- 6istin/uish bet1een an a!!ompli!e and a !onspirator-
b- What are the three ($) !lasses o oender in the !rime
o qualiied sedu!tion? Bive an e3ample o ea!h-
ANSWER:
a) An a!!ompli!e is one 1ho *ne1 the !riminal desi/n o
the prin!ipal and *no1in/ly or intentionally parti!ipated
there1ith by an a!t 1hi!h even i not rendered" the !rime
1ould be !ommitted .ust the sameC a !onspirator is one
1ho enters into an a/reement 1ith one or more person to
!ommit a !rime and de!ide to !ommit it-
b) The three !lasses o oender in the !rime o qualiied
sedu!tion are :
1- Those o abuse their authority (e3- tea!her)
#- Those 1ho abuse the !oniden!e reposed in them (e3-
priest)
$- Those 1ho abuse their relationship (e3- brother 1ho
sedu!ed his sister)
VI.
(10%)
What are the dierent a!ts o in!itin/ to sedition?
ANSWER:
1- 4n!itin/ others to the a!!omplishment o any o
the a!ts 1hi!h !onstitute sedition by means o
spee!hes" pro!lamations" 1ritin/s" emblems et!C
#- 2tterin/ seditious 1ords or spee!hes 1hi!h
tend to disturb the publi! pea!eC
$- Writin/" publishin/" or !ir!ulatin/ s!urrilous
libels a/ainst the /overnment or any o the duly
!onstituted authorities thereo" 1hi!h tend to
disturb the publi! pea!e" or
%- =no1in/ly !on!ealin/ su!h evil pra!ti!e
VII.
(10%)
Eddie brou/ht his son Randy to a lo!al aithhealer *no1n
as 0:other 8imala-0 8e 1as dia/nosed by the aithhealer
as bein/ possessed by an evil spirit- Eddie thereupon
authori7ed the !ondu!t o a 0treatment0 !al!ulated to
drive the spirit rom the boy?s body- 2nortunately" the
pro!edure !ondu!ted resulted in the boy?s death-
The aithhealer and tree others 1ho 1ere part o the
healin/ ritual 1ere !har/ed 1ith murder and !onvi!ted by
the lo1er !ourt- 4 you are appellate !ourt 9usti!e" 1ould
you sustain the !onvi!tion upon appeal? E3plain your
ans1er-
ANSWER:
No" 4 1ould not sustain the !onvi!tion o the lo1er !ourt-
4n the !ase at bar" it must be observed that the
DtreatmentE perormed over the vi!tim 1as !onsented to
by Eddie" the boy?s ather- With the permission o Eddie"
the aithhealer and three others pro!eeded to sub.e!t the
boy to a DtreatmentE !al!ulated to drive the bad spirit rom
the boy?s body- 2nortunately" the DtreatmentE resulted in
the death o the boy- Thus" the a!!used;appellants had
no !riminal intent to *ill the boy- Their liability arises rom
re!*less impruden!e be!ause they ou/ht that to *no1
their a!tions 1ould not brin/ about the !ure-
:oreover" the elements o re!*less impruden!e are
evident in the a!ts done by a!!used;appellants 1hi!h
!onsists in voluntarily" but 1ithout mali!e" doin/ or ailin/
to do an a!t rom 1hi!h material dama/e results by
reason o ine3!usable la!* o pre!aution on the part o
the person perormin/ su!h a!t- The a!ts sho1 the
a!!used;appellants la!* medi!al s*ill in treatin/ the boy?s
alle/ed ailment and none o 1hom is a medi!al
pra!titioner-
They are" thereore" /uilty o re!*less impruden!e
resultin/ in homi!ide and NAT o murder-
VIII
(10%)
Fe is the mana/er o a ri!e mill in Gula!an- 4n order to
support a /amblin/ debt" Fe made it appear that the ri!e
mill 1as earnin/ less than it a!tually 1as by 1ritin/ in a
0talaan0 or led/er a i/ure lo1er than 1hat 1as !olle!ted
and paid by their !ustomers- Fe then po!*eted the
dieren!e- What !rimeHs did Fe !ommit" 4 any? E3plain
your ans1er-
ANSWER:
Fe !ommitted a !omple3 !rime o qualiied thet throu/h
alsii!ation o !ommer!ial do!ument-
4t is qualiied thet be!ause the a!ts o the !ase sho1
that Fe too* a personal property belon/in/ to the ri!e mill
o1ner 1ithout the latter?s !onsentC she did it 1ith intent to
/ain (she po!*eted the money and used it to support her
/amblin/ debt)C she a!!omplished the !rime 1ithout the
use o violen!e a/ainst or intimidation o persons or or!e
upon thin/sC and she !ommitted the thet 1ith /rave
abuse o !oniden!e" 1hi!h qualiied the !rime o thet-
The a!t that she as mana/er had !ustody o the led/er
and had a!!ess in the preparation o inan!ial report
sui!es to desi/nate the !rime as qualiied thet as she
/ravely abused the !oniden!e reposed in her by the ri!e
mill o1ner-
The !rime o qualiied thet 1as !omple3ed 1ith the
alsii!ation o !ommer!ial do!ument be!ause the latter
!rime 1as a ne!essary means to !ommit the !rime o
qualiied thet- There 1as an evident alsii!ation o
!ommer!ial do!ument sin!e Fe" a private individual"
made an untruthul inan!ial statement in the led/er (a
private do!ument)
IX.
(10%)
6urin/ a !on!ert o Bary I- and in order to prevent the
!ro1d rom rushin/ to the sta/e" Raael <adilla Ja
se!urity /uardK pointed his /un at the onrush o people-
When the !ro1d still pushed or1ard" Raael ired his /un
into air to s!are them o- 8o1ever" the bullet hit one o
the metal roo supports" ri!o!heted and then hit one o
the sta/e !re1 members" !ausin/ in.uries 1hi!h resulted
in the latter?s !oninement in a hospital or t1elve days-
What !rimeHs did Raael !ommit? E3plain your ans1er-
ANSWER:
re!*less impruden!e resultin/ to less serious physi!al
in.uries- 4 1as tempted to ans1er ille/al dis!har/e o
irearm and have it !omple3ed but 4 rerained sin!e his
dis!har/e o irearm 1as la1ul and that is to 1arn the
!ro1d and prevent them rom rushin/ to the sta/e but he
la!*ed the ne!essary !are in disre/ardin/ that the bullet
mi/ht ri!o!het and hit the people-
X.
(10%)
<in*y 1as a lessee o a mar*et stall o1ned by Biovanni-
When <in*y reused to pay her rental" Biovanni nailed
some 1ooden barri!ades on one o the sides o the
mar*et stall and posted this 1arnin/: 0We have !losed
this portion o the door- 6o not open it or else somethin/
may happen to you-0
What !rimeHs did Biovanni !ommit" i any? E3plain your
ans1er-
ANSWER:
this is an old 5A !ase" p vs. banzon 66 OG 10533"
quoted in the reyes te3t boo* under li/ht !oer!ion-
the a!t o the a!!used is not su!h a serious threat
amountin/ to !oer!ion but merely the !rime o un.ust
ve3ation-