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Northeastern College

College of Law
Santiago City
SPECIAL PENAL LAWS FINAL EXAMINATION
Atty. Christina A. Parubrub-Yere
November 16, 2015
INSTRUCTIONS: This is a take home examination. Read each
question carefully. Understand what is asked for. Answer concisely
with legal basis and applicable jurisprudence on the matter and
write legibly. Write your answer for every question in a new page
of your notebook. Examination booklets should be given to TJ
Baltazar by 6:00 PM on November 20, 2015 (Friday) at the Deans
Office. GOODLUCK!
I
The purpose of Indeterminate Sentence Law is to uplift and
redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic
usefulness. Discuss how the law achieves that purpose. (10
points)
II
On November 2, 2015, Avelino was found guilty of Robbery by the
RTC Br. 35, Santiago City and sentenced him to suffer the penalty
of imprisionment to four years, two months and one day of prision
correccional as minimum to eight years and twenty days of
prision mayor as maximum.
a. On November 10, 2015, he appealed his judgment of
conviction and applied for probation. As the judge, draft an
Order on this matter submitted for your resolution. (5 points)
b. When he applied for probation, it was discovered that in
March 2000, MTCC Br. II Santiago City has sentenced him to
a six month imprisonment for less serious physical injuries
which he fully served. May his application for probation be
granted? Reason out. ( 5 points)
III

Roger was 17 years old when he committed homicide in 2010.


The crime is punishable by reclusion temporal. After two years in
hiding, he was arrested and appropriately charged in May 2012.
Since RA No. 9344 (Juvenile Justice and Welfare Act of 2006) was
already in effect, Roger moved to avail of the process of
intervention or diversion.
a. What is intervention or diversion? Is Roger entitled to
intervention or diversion? Explain. (5 points)
b. Suppose Rogers motion for intervention or diversion was
denied, and he was convicted two years later when he was
already 21 years old, should the judge apply the suspension
of sentence? Explain. (5 points)
IV
Linette, a.k.a. Lindsay/Baby Rosal were charged for large scale
illegal recruitment and by a syndicate. Evidence revealed that
private complainant Ederlyn Cayetano, Janley Bunuan, and Xavier
Cantor Jr., were enticed by the accused to part with their money
by assuring them of employment to Australia and South Korea as
factory workers. Despite payments of the amount of P30,000.00
and US$500 for Cayetano, P90,000 for Bunuan, and P110,000.00
by Cantor, the accused promises of overseas employment did not
materialize. The POEA certified that Linette and her purported
agency, Florida Travel and Tours did not have the requisite license
to recruit workers for overseas employment. In her defense,
Linette averred that her real name is Lindsay Rosal, not Linette
Arnaiz. Her office is only a travel agency and only processed the
issuance of visas in the different embassies in the Philippines.
She merely assisted the accused in securing visas, which she
facilitated. The signature appearing on the voucher belonged to
her secretary, Linette Arnaiz. Is Linette/Lindsay guilty of the
crime charged? (10 points)
V
Sammy asked Mariano to join their group for a session. Thinking
that it was a mahjong session, Mariano agreed. Upon reaching

Sammys house, Mariano discovered that it was actually a shabu


session as Romeo, Celedonio and Precioso were enjoying in their
pot session. At that precise time, the place was raided by
elements of CIDG Santiago City and Mariano was among those
arrested.
Sammy and Mariano were charged for Violation of Sec.7, Art. II of
RA No. 9165. While Romeo, Celedonio and Precioso were charged
for Violation of Sec. 11 and Sec. 15, Art. II of RA No. 9165.
a. As Marianos defense counsel, what will be your arguments
to secure a judgment of acquittal for the charged of Violation
of Sec.7, Art. II of RA No. 9165? (5 points)
b. Were the charges against Romeo, Celedonio, and Precioso
proper? Explain. (5 points)
VI
a. Corazon, an assistant public highschool principal, acted to
facilitate the release of salary differentials and election duty
per diem of classroom teachers with the agreement that
they would reimburse her for her expenses. Did Corazon
commit a crime? Explain. (5 points)
b. Discuss whether a public officer charged under Sec.3(b) of
Republic Act No. 3019 may also be simultaneously or
successively charged with direct bribery under Article 210 of
the Revised Penal Code. ( 5 points)
VII
Through kickback, percentages or commissions and other
fraudulent schemes/conveyances and taking advantage of his
position. Eduardo, a former mayor of a suburban town, acquired
assets amounting to Php.10 billion which is grossly
disproportionate to his lawful income. Due to his influence and
connections and despite knowledge by the authorities of his illgotten wealth, he was charged with the crime of plunder only
after 20 years from his defeat in the last elections he participated
in.
a. May Eduardo still be held criminally liable? Why? (5 points)

b. Can the State still recover the properties and assets that he
illegally acquired, the bulk of which is in the name of his wife
and children? Reason out. (5 points)
VIII
a. Alice asked support from her facebook friend Olivia who
accommodated her by issuing in her favor a postdated check
in the sum of Php.90,000.00. Both of them knew that the
check would not be honored because Olives account had
just been closed. The two then approached a franchising
expert Rowena whom they asked to change the check with
cash, even agreeing that the exchange be discounted at
Php.85,000.00 with the assurance that the check shall be
funded upon maturity. Upon Rowenas presentment of the
check for payment on due date, it was dishonoured because
the account had already been closed. What action/s may
Rowena commence against Alice and Olivia to hold them
account for the loss of her Php.85,000.00? (3 points)
b. Discuss whether Adminitrative Circular No. 12-2000 remove
imprisonment as a penalty nor decriminalize BP Blg. 22? (7
points)
IX
a. Allan, a government employee, was in a hurry to return to
his office after a day-long official conference. He alighted
from the government car which was officially assigned to
him, leaving the ignition key and the car unlocked, and
rushed to his office. Ogie, a bystander, drove off with the car
and later sold the same to Andy. Andy met a minor accident
that made the examination of his vehicles Certificate of
Registration necessary. When the policeman checked the
plate, chassis and motor numbers of the vehicle against
those reflected in the Registration Certificate, the policemn
found the chassis and motor numbers to be different from
what the Registration Certificate stated. Upon verification
with the LTO, it correspond to a vehicle previously reported
as carnapped. If you were the prosecutor, would you or

would you not charged Andy with a violation of the AntiCarnapping Act? Why? (5 points)
b. Sonny, a tricycle driver, plied his usual route using a Honda
motorcycle with sidecar. One evening, Raul rode on the
sidecar, poked a knife at Sonny and instructed him to go
near the bridge. Upon reaching the bridge, Raul asked Sonny
to alight from the motorcycle and Raul drove away the
tricycle. Raul was charged of anti-carnapping act. In his
defense, he raised the argument that the tricycle in question
is not a motor vehicle as the anti-carnapping law defines the
term because it is not licensed to operate on the public
highways. Is Rauls contention correct? (5 points)
X
Karlo was charged with violation of RA No. 9262 because he
allegedly used physical violence against Lay, her former girlfriend.
When the Information was filed and a warrant of arrest was issued
against him, he filed a Motion for Judicial Determination of
Probable Cause and to Quash Information. According to him, he
cannot be charged with violation of RA No. 9262 because the
incident subject of the case happened after their break-up, which
Lasy admitted in her affidavit; hence, there is no more dating
relationship which will make the case fall under RA No. 9262 and
the appropriate case should be slight physical injuries only.
Prepare a Resolution resolving the motion of Karlo. (10 points)