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1.

Penalties
(10%)
What are the penalties that may be served simultaneously?
1 comment:

Anonymous said...
Under Article 70 of the Revised Penal Code, when the culprit has to serve two or more
penalties, he shall serve them simultaneously if the nature of the penalties will so permit.
Thus:

1. The principal penalty shall be served simultaneously with its corresponding accessory
penalty;

2. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional, aresto
mayor, aresto menor, destierro, disqualification, or suspension may be served
simultaneously with fine.
2. Shabu Session
(10%)

Tiburcio asked Anastacio to join their group for a “session.” Thinking that it was
for a mahjong session,

Anastacio agreed. Upon reaching Tiburcio’s house, Anastacio discovered that it
was actually a shabu session.

At that precise time, the place was raided by the police, and Anastacio was
among those arrested.

What crime can Anastacio be charged with, if any?

Explain your answer.
1 comment:

Anonymous said...
Anastacio cannot be charged with a crime. A crime is committed when criminal intent is
accompanied by a criminal act. Regarding the shabu session, not only did he not have any
intent to join the illegal session, he also did not perform any act at all that could inculpate
him. Regarding his intent to commit gambling (as mahjong is a form of gambling), this is
not punishable because criminal intent alone is not a crime.
3. Frustrated Robbery, Theft and Homicide
(10%)
Jervis and Marlon asked their friend, Jonathan, to help them rob a bank. Jervis
and Marlon went inside the bank, but were unable to get any money from the
vault because the same was protected by a time-delay mechanism. They
contented themselves with the customers’ cellphones and a total of P5,000 in
cash. After they dashed out of the bank and rushed into the car, Jonathan pulled
the car out of the curb, hitting a pedestrian which resulted in the latter’s death.

What crime or crimes did Jervis, Marlon and Jonathan commit? Explain your
answer.
1 comment:

Anonymous said...
Jervis, Marlon, and Jonathan committed Robbery with Homicide. This special complex
crime is committed when by reason or on occasion of the robbery, homicide is committed.
In the case at bar, the death of the pedestrian was because or on occasion of the robbery
committed by the offenders.
Jervis, Marlon, and Jonathan are guilty of the same crime because there is conspiracy
between and among them. When Jervis and Marlon asked Jonathan to help them rob a
bank, Jervis and Marlon are actually proposing the commission of a felony to Jonathan,
and when Jonathan accepted the proposal, conspiracy resulted. Jonathan’s acceptance of
the proposal to rob a bank is shown by the fact that he was at the crime scene helping
Jervis and Marlon get away.
4. Destierro, Illegal Drug
(10%)
Macky, a security guard, arrived home late one night after rendering overtime. He
was shocked to see Joy, his wife, and Ken, his best friend, in the act of having
sexual intercourse. Macky pulled out his service gun and shot and killed Ken.
Macky was charged with murder for the death of Ken.

The court found that Ken died under exceptional circumstances and exonerated
Macky of murder but sentenced him to destierro, conformably with Article 247 of
the Revised Penal Code. The court also ordered Macky to pay indemnity to the
heirs of the victim in the amount of P50,000.

(a) Did the court correctly order Macky to pay indemnity even though he was
exonerated of murder? Explain your answer.

(b) While serving his sentence, Macky entered the prohibited area and had a pot
session with Ivy (Joy’s sister). Is Macky entitled to an indeterminate sentence in
case he is found guilty of use of prohibited substances? Explain your answer.
1 comment:

Anonymous said...
a.

No. Macky is not liable to pay indemnity to the heirs of Ken because when Macky killed
Ken, Macky was not performing an unlawful act. Under the law, the act was lawful as it
was done under an exceptional circumstance. One cannot be liable, whether criminally or
civilly, if he is just performing a lawful act.

b.

Macky is entitled to an indeterminate sentence in case he is found guilty of use of
prohibited substances as this is not one of the exceptions to the application of the
Indeterminate Sentence Law. But in case he is found to have evaded the service of his
sentence of destierro, he will not be entitled to an indeterminate sentence because when
one evades his sentence, said law does not apply.
5. Accomplice, Conspirator, Qualified Seduction
(10%)
(a) Distinguish between an accomplice and a conspirator.

(b) What are the three (3) classes of offenders in the crime of qualified
seduction? Give an example of each.
1 comment:

Anonymous said...
a.

An accomplice is distinguished from a conspirator as follows:

1. An accomplice is not a principal while a conspirator is a principal;
2. An accomplice is not in conspiracy with the principal by direct participation while a
conspirator is.

b.

The three (3) classes of offenders in the crime of qualified seduction are as follows:

1. Those who abused their authority. Example is a teacher.
2. Those who abused the confidence reposed on them. Example, a house servant.
3. Those who abused their relationship. Example is an ascendant who seduced his
descendant.
6. Inciting to Sedition
(10%)
What are the different acts of inciting to sedition?
1 comment:

Anonymous said...
The different acts of inciting to sedition are the following:

1. Inciting others to the accomplishment of any of the acts which constitute sedition by
means of speeches, proclamations, writings, emblems, etc;
2. Uttering seditious words or speeches which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous libels against the Government or any of the
duly constituted authorities thereof, which tend to disturb the public peace.
7. Fake Healer
(10%)
Eddie brought his son Randy to a local faithhealer known as “Mother Himala.” He
was diagnosed by the faithhealer as being possessed by an evil spirit. Eddie
thereupon authorized the conduct of a “treatment” calculated to drive the “spirit”
from the boy’s body. Unfortunately, the procedure conducted resulted in the
boy’s death.

The faithhealer and three others who were part of the healing ritual were charged
with murder and convicted by the lower court. If you were the appellate court
Justice, would you sustain the conviction upon appeal? Explain your answer.
1 comment:

Anonymous said...
No. Murder is not committed because any of the following circumstances which qualify the
killing to murder is not present in the case at bar:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense, or of means or persons to insure or afford
impunity;
2. In consideration of a price, reward, or promise;
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment of or assault upon a railroad, fall of an airship, by means of motor vehicles, or
with the use of any other means involving great waste and ruin;
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or other public
calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
8. Kupit
(10%)
Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt,
Fe made it appear that the rice mill was earning less than it actually was by
writing in a “talaan” or ledger a figure lower than what was collected and paid by
their customers. Fe then pocketed the difference. What crime/s did Fe commit, if
any? Explain your answer.
1 comment:

Anonymous said...
Fe committed estafa with abuse of confidence. The elements of this crime are as follows:
1. That money, goods, or other personal property be received by the offender in trust, or
on commission, or for administration, or under any other obligation involving the duty to
make delivery of, or to return the same;
2. That there be misappropriation or conversion of such money or property by the
offender, or denial on his part of such receipt;
3. That such misappropriation or conversion or denial is to the prejudice of another; and
4. That there is a demand made by the offended party.

The fourth element is not necessary when there is evidence of misappropriation.
9. Reckless Imprudence Resulting Into Frustrated
Homicide
(10%)
During a concert of Gary V., and in order to prevent the crowd from rushing to the
stage, Rafael Padilla (a security guard) pointed his gun at the onrush of people.
When the crowd still pushed forward, Rafael fired his gun into the air to scare
them off. However, the bullet hit one of the metal roof supports, ricocheted and
then hit one of the stage crew members, causing injuries which resulted in the
latter’s confinement in a hospital for twelve days.

What crime/s did Rafael commit? Explain your answer.
1 comment:

Anonymous said...
Rafael committed reckless imprudence resulting in less serious physical injuries. There was
inexcusable lack of precaution when Rafael fired his gun despite the presence of the crowd
within the vicinity. And since the offended party was confined in the hospital for 12 days
(which is more than 10 days but less than 30 days), less serious physical injuries resulted.
10. Threat
(10%)
Pinky was a lessee of a market stall owned by Giovanni. When Pinky refused to
pay her rental, Giovanni nailed some wooden barricades on one of the sides of
the market stall and posted this warning: “We have closed this portion of the
door. Do not open it or else something may happen to you.”

What crime/s did Giovanni commit, if any? Explain your answer.
1 comment:

Anonymous said...
Giovanni committed light coercion or unjust vexation. The acts of Giovanni in nailing
wooden barricades and posting a warning to prevent Pinky from doing something not
prohibited by law does not constitute grave coercion because no violence, threat, or
intimidation is involved. But since said acts were meant to coerce Pinky, without authority
of law, to pay her debt, unjust vexation or coercion is committed.