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1.

Name the four (4) kinds of aggravating circumstances and state their effect on the penalty
of crimes and nature thereof.
The four (4) kinds of aggravating circumstances are:

1. Generic aggravating or those that can generally apply to all crimes, and can be offset by mitigating circumstances, but
if not offset, would affect only the maximum of the penalty prescribed by law;

2. Specific aggravating or those that apply only to particular crimes and cannot be offset by mitigating circumstances;

3. Qualifying circumstances or those that change the nature of the crime to a graver one, or brings about a penalty next
higher in degree, and cannot be offset by mitigating circumstances;

4. Inherent aggravating or those that essentially accompany the commission of the crime and do not affect the penalty
whatsoever.

2. Distinguish recidivism from habitual delinquency
Recidivism Habitual Delinquency
Nature of crime First crime and the First, second and third crimes must be a habitual delinquency crime,
aggravated second crime that is, serious or less serious physical injuries, theft, robbery, estafa or
are embraced in the same falsification of document.
Title of the RPC.
Time element Accused was convicted of The accused was convicted of first habitual delinquency crime; within
the first crime by final ten years after conviction or release, he was found guilty or habitual-
judgment at the time of delinquency crime for the second time; within 10 years after conviction
the trial of the second or release, he was found guilty of habitual-delinquency crime for the
crime. third time or oftener.

Number of At least two crimes At least three crimes committed
Crimes committed

Nature of the Ordinary aggravating Extraordinary or special aggravating circumstance, the presence of
aggravating circumstance the which will trigger the imposition of additional penalty for the third or
circumstance presence of any of which subsequent crime.
will trigger the application This is not subject of the off-set rule
of the penalty for the
second crime committed
in its maximum period
unless it is off-set by a
mitigating circumstance

3. What is the difference between a fence and an accessory to theft or robbery? Explain. Is
there any similarity between them?
One difference between a fence and an accessory to theft or robbery is the penalty involved; a fence is punished
as a principal under P.D. No. 1612 and the penalty is higher, whereas an accessory to robbery or theft under the
Revised Penal Code is punished two degrees lower than the principal, unless he bought or profited from the proceeds of
theft or robbery arising from robbery in Philippine highways under P.D. No. 532 where he is punished as an accomplice,
hence the penalty is one degreelower.

Also, fencing is a malumprohibitum and therefore there is no need to prove criminal intent of the accused; this is
not so in violations of Revised Penal Code.

Yes, there is a similarity in the sense that all the acts of one who is an accessory to the crimes of robbery or theft
are included in the acts defined as fencing. In fact, the accessory in the crimes of robbery or theft could be prosecuted
as such under the Revised Penal Code or as a fence under P.D. No. 1612. (Dizon-Pamintuan vs. People, 234 SCRA 63]

FENCING ACCESSORY
Fencing is limited to theft and robbery. The terms Not limited in scope.
theft and robbery are used as a generic term to
refer to any kind of unlawful taking, not just theft
or robbery.

Mere possession of stolen items creates a There is no presumption of being an accessory.
presumption of fencing.
Fencing is a principal crime in itself. As such, It is necessary to prove that the principal
it can stand on its own. There is no need to committed the crime. Hence, before an accessory
prove that one is guilty of theft or robbery. could be held liable, the principal must have been
convicted first of the crime charged.

The penalty is higher than the penalty of an Penalty is less than that imposed in fencing.
accessory.
Malumprohibitumand therefore there is no Malum in se and therefore there is a need to
need to prove criminal intent. prove criminal intent.
The fence need not be a natural person but Natural person only.
may be a firm, association, corporation or
partnership or other organization.

4. Accessories exempt from criminal liability

1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural, or adopted brother, sister or
5. Relative by affinity within the same degree.
Except those who profit themselves or assist the offender to profit by the effects of the crime

5. Effect of minor offender under the dangerous drugs act

(1) Sec. 66, RA 9165 (First time offender)
An accused who is fifteen (15) years of age at the time of the commission of the offense mentioned in Sec. 11 of RA 9165
but not more than eighteen (18) years of age at the time of when the judgment should have been promulgated after
having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following
conditions:

a. He/she has not been previously convicted of violating any provisions of this Act, or of the Dangerous Drugs Act of
1972, as amended; or of the Revised Penal Code; or any special penal laws;

b. He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and

c. The Board favorably recommends that his/her sentence be suspended.

(2)If the first-time minor offender violates any of the conditions of his/her suspended sentence, the applicable rules and
regulations of the Board exercising supervision and rehabilitative surveillance over him, including the rules and regulations
of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve
sentence as any other convicted person

(3) The court may grant probation or community service in lieu of imprisonment in case of a first-time minor offender.
Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under existing law on probation or impose community
service in lieu of imprisonment.

9. 2. CA. Where the court states in its judgment that the case merely involves a civil obligation. are: 1.R. Where the civil liability is not derived or based on the criminal act of which the accused is acquitted (Saplera vs. No. teacher. 103--Execution of the employer’s subsidiary liability Juan Cruz. workmen. 5. The said employee is insolvent and has not satisfied his civil liability. January 23.the age of the deceased) .000. When the civil action is based on obligations not arising from the act complained of as a felony. 8. G. stating that the employer VICMICO. that the employer is engaged in an industry and that the driver is insolvent). now filed a motion for execution of the employers subsidiary liability under Art. while driving recklessly caused Jorge Abad to fall from the truck resulting in injuries which caused his death. Any of their servants.33 and 34 of the New Civil Code. Marasigan. Exceptions to the rule that acquittal from a criminal case extinguishes civil liability. In cases of independent civil actions provided for in Arts. 29. 7. There is no need for a separate civil action because the driver was convicted (Martinez vs. apprentices or employees commits a felony while in the discharge of their duties.32. The civil indemnity. 2017) 7. Decide the case. 3. 314 SCRA370). Award of civil indemnity for multiple counts of rape (same woman). 8. Computation of loss of earning capacity. and 3. Where there was a proper reservation for the filing of a separate civil action. 103 of the Revised Penal Code. Acquittal due to an exempting circumstance. Net earning capacity = Life expectancy x [Gross Annual Income . ART. moral damages and exemplary damages should all be increased to P75. All you need is a motion for execution with a notice to the employer that states compliance with the requisites imposed by Article 103 of the Revised Penal Code (that there is employer-employee relationship. pupils. Hence. When the judgment of acquittal includes a declaration that the fact from which the civil liability might arise did not exist (Saplera vs. 31. a petition for mandamus was filed. like insanity.Living Expenses (50% of gross annual income)] where life expectancy = 2/3 (80 . not having been notified that his driver was facmg a criminal charge. Respondent judge denied the motion. 2. Each count of rape is a violation of the person of the victim and thus gives rise to corresponding criminal and civil liabilities.000. When acquittal is based on reasonable doubt or acquittal is on the ground that guilt has not been proven beyond reasonable doubt (Art. 4. 215331. heirs of the deceased Abad. New Civil Code). driver of a cargo truck owned and operated by VICMICO a sugar central. 314 SCRA 370). Petitioners. The trial court is correct in imposing a penalty for each rape and awarding corresponding civil indemnity for each count even though the victim is the same woman. but the return of the Sheriff showed that the accused was insolvent. a separate action had to be filed.6. The employer. (1988 Bar Question) SUGGESTED ANSWER: Mandamus will lie. The respondent judge issued an order granting a motion for execution of the civil service liability of the accused Juan Cruz. CA. (People v. Rape is not a continued crime.00 for each count of rape. 103 of the RPC 1. or person or corporation is engaged in any kind of industry. Juan Cruz was convicted of homicide thru reckless imprudence and was ordered to pay the heirs of the deceased Ahad P12.00. Elements of subsidiary liability for operators of PUVs Elements under Art. Barredo). 6.

Elements of acts punishable under the Human Security Act (RA 9372). Sow and create a condition of widespread and extraordinary fear and panic among the populace. In a case involving several defendants where some have taken further appeal. 6235 (Anti-Hijacking Law). the trial court may. Dealing in. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters). New provision on the Probation Law (must memorize). after it shall have convicted and sentenced a defendant for a probationable penalty and upon application by said defendant within the period for perfecting an appeal. 4. . and. 3. 1613 (The Law on Arson). Article 134-a (Coup d' Etat). Ammunitions or Explosives) 1. That when a judgment of conviction imposing a non-probationable penalty is appealed or reviewed. SEC. b. The application for probation based on the modified decision shall be filed in the trial court where the judgment of conviction imposing a non-probationable penalty was rendered. 1866. Coerce the government to give in to an unlawful demand (Sec. the other defendants may apply for probation by submitting a written application and attaching thereto a certified true copy of the judgment of conviction. c. No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction: Provided. Presidential Decree No. suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. 5207. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990). Grant of Probation. Manufacture. 6. Republic Act No. as amended (Decree Codifying the Laws on Illegal and Unlawful Possession.10. (Atomic Energy Regulatory and Liability Act of 1968). 5. f. 3). and such judgment is modified through the imposition of a probationable penalty. Acquisition or Disposition of Firearms. or in the trial court where such case has since been re-raffled. Presidential Decree No. Article 248 (Murder). Acts punishable as Terrorism a. Article 267 (Kidnapping and Serious Illegal Detention). Republic Act No. Article 324 (Crimes Involving Destruction). — Subject to the provisions of this Decree. 2. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974). 4. the defendant shall be allowed to apply for probation based on the modified decision before such decision becomes final. 11. e. including acts committed by private persons. Republic Act No. or under 1. Article 134 (Rebellion or Insurrection). or 2. Presidential Decree No. d.

forced labor. parent. illegally manufactured firearms.000. individually or as a group. or incident to. 13. otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution. 29. Definition of “qualified trafficking in persons” and the penalty. shall be considered as an aggravating circumstance (2) if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm. Qualified Trafficking in Persons. an obliterated or altered firearm. registered firearms in the possession of an individual other than the licensee and those with revoked licenses in accordance with the rules and regulations. or in connection with the crime of rebellion of insurrection. 14. based on the valid complaint or information. (c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2. . 8043. 24 of RA 9372 states that whenever a person has been charged of terrorism or any act punishable under RA 9372. and (g) When by reason or on occasion of the act of trafficking in persons.Absorption Principle in Terrorism Sec. (b) When the adoption is effected through Republic Act No. the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged (3) if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms.000. . (f) When the offender is a member of the military or law enforcement agencies. the offended party dies. suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). Sec. 12. New rules on RA 10591. (4) If the violation of this Act is in furtherance of. (5) If the crime is committed by the person without using the loose firearm. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. sexual exploitation. It is deemed committed in large scale if committed against three (3) or more persons. or attempted coup d’ etat. sibling. sufficient information and substance to bring about and thereafter. (d) When the offender is an ascendant. becomes insane. (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies. or in large scale.00). he can no longer be subsequently prosecuted for any other felony or offense necessarily included in the crime charged. such violation shall be absorbed as an element of the crime of rebellion or insurrection.00) but not more than Five million pesos (P5. Loose firearm refers to an unregistered firearm. Use of Loose Firearm in the Commission of a Crime (1) when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws.000. Section 6. (c) When the crime is committed by a syndicate.The following are considered as qualified trafficking: (a) When the trafficked person is a child.000. involuntary servitude or debt bondage. he is acquitted or the case is dismissed. Section 10. Definition of a loose firearm under RA 10591. the violation of this Act shall be considered as a distinct and separate offense. guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee. firearm which has been lost or stolen. Penalties and Sanctions. or attempted coup d’ etat. pornography. the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty. slavery.

Crimes against Persons 1. even though none of the above circumstances mentioned above be present. Giving assistance to suicide 9. Infanticide 11. Physical injuries inflicted in a tumultuous affray 8. The act of sexual assault is accomplished under any of the following circumstances: a. 2. if the woman or a man uses an instrument in the anal orifice of a male. Discharge of firearms 10. Offender is a man. Ways of committing rape and elements of each. Mutilation 18. Challenging to a duel 17. Elements of rape by a man who shall have carnal knowledge of a woman: 1. 2. or d. c.see pics 16. Responsibilities of participants in a duel 16. Murder 4. Frustrated parricide. (BAR 1995) 2. Rule on plea bargaining under the Comprehensive Dangerous Drugs Act? . or b. she or he can be liable for rape. The offended party or offender can either be a man or a woman. threat or intimidation. Rape 17. Homicide 5. murder or homicide 6. The traditional concept under Art. Death or physical injuries inflicted under exceptional circumstances 3. Administering injurious substances 20. Offender commits an act of sexual assault. Offender had carnal knowledge of the woman. By inserting his penis into another person’s mouth or anal orifice. Death caused in a tumultuous affray 7.Note: if both large scale and syndicated. Kinds of rape under RA 8353 1. Intentional abortion 12. By using force or intimidation. or . By inserting any instrument or object into the genital or anal orifice of another person 3. Elements of rape by sexual assault (BAR 2005) 1. Through force. When the offended party is deprived of reason or is otherwise unconscious. Such act is accomplished under any of the following circumstances: a. Abortion practiced by a physician or midwife and dispensing of abortives 15. Slight physical injuries 22. The act of sexual assault is committed by any of the following means: a. Unintentional abortion 13. By means of fraudulent machination or grave abuse of authority. that is. Parricide 2. 335 – carnal knowledge with a woman against her will. denominated as large scale trafficking in person 15. (BAR 1992) b. When the offended party is under 12 years of age or is demented. The offended party is always a woman and the offender is always a man. Serious physical injuries 19. and 3. Abortion practiced by the woman herself or by her parents 14. Less serious physical injuries 21. Sexual assault – committed with an instrument or an object or use of the penis with penetration of the mouth or anal orifice.

Crimes Against Personal Liberty and Security. Merced. The husband is liable for homicide and the defense of death under exceptional circumstance is not applicable in this case. 268] 3. in the act of committing sexual intercourse. If the paramour killed the husband to defend himself from the assault of the latter. No. Kidnapping and serious illegal detention [art. regardless of the actual content of the material or purported material. representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography. or d.(2) Bestiality. 18. 19. Crimes against liberty – 1. Slavery [art. Slight illegal detention [art. G. In US v. 14170. Definition of grooming luring and pandering under Section 4 of the Anti-Child Pornography Act. it is not an unlawful aggression within the contemplation of self. A legally married person or a parent surprises his spouse or daughter. 267] 2. the former could not invoke self. 270] 5. or that he or she has not consented to the infidelity of the other spouse. It includes online enticement or enticement through any other means. 269] 4. He or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter. By means of fraudulent machination or grave abused of authority. or c. 273] . by maintaining unlawful relation with a married woman. When the woman is under 12 years of age or demented. Alternative: Mistake of fact? 21. He has not promoted or facilitated the prostitution of his wife or daughter. the latter under 18 years of age and living with him. "Luring" refers to the act of communicating. 271] 6. When the woman is deprived of reason or otherwise unconscious. 20. Exploitation of child labor [art. advertising. by means of a computer system. 2. "Pandering" refers to the act of offering. Unlawful arrest [art. hence.R. The following are the requisites of death under exceptional circumstance: 1. the first requisite is not present. "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography.defense. promoting. it was held that the paramour well knew that. Rule if the paramour is the one who invokes self-defense when caught in the act. The husband is not legally married to the identical twin of her wife. Inducing a minor to abandon his home [art. Rule if husband kills identical twin of wife when caught in the act. The attack made by the husband under exceptional circumstance is not a felony. with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography.b. In this case. 272] 7. and 3. he was performing an unlawful and criminal act and exposed himself to the vengeance of the offended husband.defense. Kidnapping and failure to return a minor [art.

The presence of any person during the hazing is prima facie evidence of participation therein as principal. 274] Crimes against security – 1. 23. but failed to take any action to prevent the same from occurring (Sec. 282] 8. 291] 15. b. Persons liable for violation of the Anti-Hazing Law. The following are liable as ACCOMPLICE: a. (d) when the hazing is committed outside of the school or institution. or (e) when the victim is below twelve (12) years of age at the time of the hazing. 276] 3. Revealing secrets with abuse of office [art. 288] 12. Exploitation of minors [art. neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person. 4. The parents of the officer or member of the fraternity. fraternity or sorority who actually planned the hazing although not present when the acts constituting hazing were committed (Sec. What qualifies the offense of hazing? RA 8049 Sec. RA 8049). 280] 6. is prevented from quitting. RA 8049). 287] 11.8. 292 22. violence. Grave coercion [art. Trespass to dwelling [art. (b) when the recruit. violence. Formation. 4 The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force. intimidation or deceit on the person of the recruit who refuses to join. former officers or alumni of the organization. 2. UNLESS he prevented the commission of the acts punishable therein. 283] 9. to the proper school authorities. maintenance and prohibition of combination of capital or labor through violence or threats [art. Services rendered under compulsion in payment of debt [art. through force. Abandonment of minor by person entrusted with his custody. Other forms of trespass [art. 281] 7. Discovering secrets through seizure of correspondence [art. The following are liable as PRINCIPAL: a. 278] 5. 275] 2. 289] 13. and b. when they have actual knowledge of the hazing conducted in their home but failed to take any action to prevent the same from occurring. 285] 10. and c. sorority or organization who actually participated in the infliction of physical harm. group. when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. Grave threats [art. neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians. Abandonment of persons in danger and abandonment of one’s own victim [art. 1Other similar coercions – (compulsory purchase of merchandise and payment of wages by means of tokens) [art. Abandoning a minor [art. . 4. 277] 4. sorority or organization. The owner of the place where the hazing is conducted. Revealing of industrial secrets [art. Light threats [art. threat. 1. The officers and members of the fraternity. threat or intimidation. indifference of parents [art. 290] 14. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof. The officers. Other light threats [art. or to the police authorities. (c) when the recruit.

animal or human excreta and other stuff or substances not normally eaten. Section 4 Acts of Torture a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain.24. is intentionally inflicted on a person for such purposes as . (11) Harmful exposure to the elements such as sunlight and extreme cold. kicking. exhaustion. when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. headbanging. apartelle or other similar establishments. It does not include pain or Buffering arising only from. . (9) Dental torture or the forced extraction of the teeth. 2. punishing him/her for an act he/she or a third person has committed or is suspected of having committed. RA 9745 Section 3 Definitions (a) "Torture" refers to an act by which severe pain or suffering. . pension house. (3) Electric shock. is found alone with the said child inside the room or cubicle of a house. not being a relative of a child. (10) Pulling out of fingernails. (8) Mutilation or amputation of the essential parts of the body such as the genitalia.. (2) Food deprivation or forcible feeding with spoiled food. (5) The submersion of the head in water or water polluted with excrement. urine. memory. (13) The use of psychoactive drugs to change the perception. hot oil. or intimidating or coercing him/her or a third person. or electrical torture of the genitals. (b) "Other cruel. obtaining from him/her or a third person information or a confession. (4) Cigarette burning. 6. inflicted by a person in authority or agent of a person in authority against a person under his/her custody. disability or dysfunction of one or more parts of the body. (7) Rape and sexual abuse. or for any reason based on discrimination of any kind. Any person is receiving services from a child in a sauna parlor or bath. RA 7610). Attempt to commit child prostitution under Section 6 of RA 7610. alertness or will of a person. inherent in or incidental to lawful sanctions. gross humiliation or debasement to the latter. vessel. Anti-torture law. whether physical or mental. vomit and/or blood until the brink of suffocation. burning by electrically heated rods. (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation. 25. and jumping on the stomach. acid. including the insertion of foreign objects into the sex organ or rectum. punching. inhuman and degrading treatment or punishment" refers to a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act. hotel. such as: (1) Systematic beating. motel. or acids or spices directly on the wound(s). which attains a level of severity causing suffering. by the rubbing of pepper or other chemical substances on mucous membranes. etc. ear. (6) Being tied or forced to assume fixed and stressful bodily position. such as: . Instances when there is an attempt to commit child prostitution 1. massage clinic. striking with truncheon or rifle butt or other similar objects. Any person who. health club and other similar establishments (Sec. tongue. vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. an inn. .

2. 321). 315). Attempted and frustrated robbery committed under certain circumstances (Art. and (12) Other analogous acts of mental/psychological torture. Swindling (Art. Removal. (i) The administration or drugs to induce confession and/or reduce mental competency. 21. 18. 294). 1. 318). Swindling a minor (Art. 325). Other deceits (Art. 311). 314). 8. 306). Robbery in an inhabited house or public building or edifice devoted to worship (Art. 5. 299). 310). Burning one’s own property as means to commit arson (Art. execution or other wrongful acts. 330). (3) Confinement in solitary cells or secret detention places. 327). (7) Maltreating a member/s of a person's family. 29. 317). 4. 319). 6. Fraudulent insolvency (Art. and (14) Other analogous acts of physical torture. . 14. Aiding and abetting a band of brigands (Art. (4) Prolonged interrogation. Arson of property of small value (Art. and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale. such as: (1) Blindfolding. Possession of picklocks or similar tools (Art. (11) Deliberately prohibiting the victim to communicate with any member of his/her family. 7. Qualified theft (Art. 13. 10. 324). 313). 307). 297). Setting fire to property exclusively owned by the offender (Art. Destroying or damaging statues. 326). 12. public display or public humiliation of a detainee or prisoner. Other forms of swindling (Art. Malicious mischief (Art. 3. 316). Crimes involving destruction (Art. Damage and obstruction to means of communication (Art. (6) Causing unscheduled transfer of a person deprived of liberty from one place to another. Robbery with violence against or intimidation of persons (Art. 16. 320). 11. sale or pledge of mortgaged property (Art. relatives or any third party. public monuments or paintings (Art. (10) Shame infliction such as stripping the person naked. Theft of the property of the N ational Library and National Museum (Art. Other forms of arson (Art. Theft (Art. Execution of deeds by means of violence or intimidation (Art. 9. or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease. 15. 298). Altering boundaries or landmarks (Art. 17. 328). Robbery in an inhabited place or i n a private building (Art. 28. shaving the victim's head or putting marks on his/her body against his/her will. (8) Causing the torture sessions to be witnessed by the person's family. parading him/her in public places. (5) Preparing a prisoner for a "show trial". 331). 22. Occupation of real property or usurpation of real rights in property (Art. Destructive arson (Art. 27. 323). (9) Denial of sleep/rest. 25. Special case of malicious mischief (Art. 19. 20. 308). Brigandage (Art. 302). Crimes Against Property. 23. 26. 26. 312). 24. creating the belief that he/she shall be summarily executed. 304). (2) Threatening a person(s) or his/fher relative(s) with bodily harm.

Through any of the following fraudulent means: (a) By inducing another. boarding house. or the act of . or other property. concealing or destroying. (b) By altering the quality. Ways of committing the crime of estafa. 3. or apartment house by the use of any false pretense. or apartment house and the like without paying therefor. (b) By misappropriating or converting. even though such obligation be totally or partially guaranteed by a bond. (c) By pretending to have bribed any Government employee. or by means of other similar deceits. property. goods. or any other personal property received by the offender in trust or on commission. the offender shall be punished by the maximum period of the penalty. inn. even though such obligation be based on an immoral or illegal consideration. restaurant. qualifications. or under any other obligation involving the duty to make delivery of or to return the same. lodging house or apartment house after obtaining credit. quantity. restaurant. lodging house. Concepts/terms: * Photo or video voyeurism means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent. In this case. 1967. or by denying having received such money. lodging house. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. restaurant. or falsely pretending to possess power. with intent to defraud the proprietor or manager thereof. without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. or for administration. money. food. Art. (c) By removing. namely: (a) By altering the substance. refreshment or accommodation therein without paying for his food.A. in whole or in part. office files. fineness or weight of anything pertaining to his art or business. credit. under circumstances in which such person/s has/have a reasonable expectation of privacy. by means of deceit. boarding house. or by abandoning or surreptitiously removing any part of his baggage from a hotel. (c) By taking undue advantage of the signature of the offended party in blank. Ways of committing the crime of estafa. goods. refreshment or accommodation at a hotel. and by writing any document above such signature in blank. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name. 315. With unfaithfulness or abuse of confidence. or by obtaining credit at hotel. 2. Anti-Photo and Video Voyeurism Act. to sign any document. inn. (b) By resorting to some fraudulent practice to insure success in a gambling game. (As amended by R. or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. business or imaginary transactions. to the prejudice of the offended party or of any third person. refreshment or accommodation.)] (e) By obtaining any food. influence.27. approved June 17. agency. or quality or anything of value which the offender shall deliver by virtue of an obligation to do so. boarding house. — Any person who shall defraud another by any of the means mentioned hereinbelow 1. (d) [By post-dating a check. 28. any court record. Swindling (estafa). to the prejudice of another. 4885. inn. document or any other papers.

he/she shall be administratively liable. The acquittal of the woman does not necessarily result in the acquittal of her co . h e must still be included in the complaint or information. whether it be the original copy or reproduction thereof. sharing.selling. Penalties. (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. copying. Prohibited Acts. or (d) To publish or broadcast. or cause to be sold or distributed.It is hereby prohibited and declared unlawful for any person: (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals. If after preliminary invest igation. such photo or video or recording of sexual act. Adultery Adultery is a crime not only of the married woman but also of the man who had intercourse with a married woman knowing her to be married. its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media. such photo or video or recording of sexual act or any similar activity with or without consideration. if the man had no knowledge that the woman was married. at the beginning.00) but not more than Five hundred thousand pesos (P500. In order to constitute adultery. 29. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. Section 4. (c) To sell or distribute. and the station manager. editor and broadcaster in the case of a broadcast media. he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines. This is so because whether he knows the woman to be married or not is a matter of defense and its up to him to ventilate that in formal investigations or a formal trial. If the violator is a juridical person.00).000. internet. Section 5. he would be . the other innocent. Even if the man proves later on that he does not know the woman to be married. or cause to be published or broadcast. . Rules on Adultery and Concubinage. or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD. then he could simply file the case against the woman. The prohibition under paragraphs (b). internet. notwithstanding that consent to record or take photo or video coverage of same was given by such person's. If the offender is an alien.accused. at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act. there must be a joint physical act. . or to cause to be copied or reproduced. reproducing. broadcasting. whether in print or broadcast media.000. buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. On e may be guilty of the criminal intent. and yet the joint physical act necessary to constitute the adultery may be complete. Joint criminal intent is not necessary. cellular phones and other similar means or device. So. or a professional. Although the criminal intent may exist in the mind of one of the parties to the physical act. the public prosecutor is convinced that the man did not know that the woman is married. there may be no such intent in the mind of the other party.The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100. public area. or both. If the offender is a public officer or employee. cellular phones and similar means or device without the written consent of the person/s involved. (b) To copy or reproduce. showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD.

Similarly. Not in the case of a married woman who may bring a child to the family under the guise of a legitimate child. There is no adultery. Article 347. 2. 2. If the parents are parties to the simulation by making it appear in the birth certificate that the parents who bought the child are the real parents. Concubinage With respect to concubinage the same principle applies: only the offended spouse can bring the prosecution. Adultery is not a continuing crime unlike concubinage. this probability does not arise because the mother of the child will always carry the child with her. Substitution of one child for another. It has been asked why the penalty for adultery is higher than concubinage when both crimes are infidelities to the marital vows. 3. Birth certificate simulation under the RPC and Anti-Trafficking Act. There is no frustrated adultery because of the nature of the offense. 30. This is a crime committed by the married man. the crime is not falsification on the part of the parents and the real parents but simulation of birth. Each sexual intercourse constitutes a crime of adultery. Illustration: . Simulation of Births. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status. the former would have to be acquitted and the latter found guilty. Adultery is an instantaneous crime which is consummated and completed at the moment of the carnal union. concubinage is a continuing crime. The reason given for this is that when the wife commits adultery. 3. Article 347. then simulation of birth is committed. This is the reason why in the former crime the penalty is higher than the latter. If the husband commits concubinage. it includes the woman who had a relationship with the married man. Simulation of births. Unlike adultery. Simulation of Births. Substitution of One Child for Another. there must be a marriage although it be subsequently annulled.innocent insofar as the crime of adult ery is concerned but the woman would still be guilty. If the child is being kidnapped and they knew that the kidnappers are not the real parents of their child. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status. Substitution of one child for another. although they were tried together. it is clearly know n that the child is a stranger. there is a probability that she will bring a stranger into the family. So even if the husband brings with him the child. Illustration: People who have no child and who buy and adopt the child without going through legal adoption. Birth certificate simulation under the RPC and Anti-Trafficking Act. if the marriage is void from the beginning. For adultery to exist. Substitution of One Child for Another. Birth certificate simulation under the RPC and Anti-Trafficking Act. A husband committing concubinage may be required to support his wife committing adultery under the rule in pari delicto. Simulation of births. and Concealment of Abandonment of A Legitimate Child Acts punished 1. the husband. and Concealment of Abandonment of A Legitimate Child Acts punished 1.

servitude or the removal or sale of organs. forced labor or services. deception. coercion. scheme or design involving the use of a person by another. abduction. cinematography. including deprivation of freedom.It shall be unlawful for any person. of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes. slavery. (f) Sexual Exploitation . (e) Sex Tourism . to commit any of the following acts: (a) To recruit. or by whatever means. Anti-Human Trafficking Act Section 3. (d) Forced Labor and Slavery . harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.refers to any representation. or discrimination because of a physical or mental disability or condition. violence. or other forms of coercion. deception. fraud. profit or any other consideration. (h) Pornography .refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse. force. transfer or harboring. the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum.refers to the recruitment. for sexual intercourse or lascivious conduct in exchange for money. taking advantage of the vulnerability of the person. indecent shows. neglect. debt-bondage or deception. transportation. when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. or receive a person by any means. intimidation or threat. (c) Prostitution . . If the child is being kidnapped and they knew that the kidnappers are not the real parents of their child. pornography. abuse of authority or moral ascendancy. cruelty.shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act. Section 4. If the parents are parties to the simulation by making it appear in the birth certificate that the parents who bought the child are the real parents. or. transfer. or receipt of persons with or without the victim's consent or knowledge. the crime is not falsification on the part of the parents and the real parents but simulation of birth. fraud or through abuse of a victim's vulnerability. then simulation of birth is committed. forced labor. for the purpose of prostitution.People who have no child and who buy and adopt the child without going through legal adoption. transfer. use of force or coercion. including those done under the pretext of domestic or overseas employment or training or apprenticeship. slavery. . abduction. transportation.refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities. exhibition. (b) Child . harbor. natural or juridical. utilizing and offering escort and sexual services as enticement for tourists. debt bondage. involuntary servitude or debt bondage. Definition of Terms. exploitation. transaction. This includes sexual services and practices offered during rest and recreation periods for members of the military. sexual exploitation. provide. abuse of authority.refers to any act.refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat.As used in this Act: (a) Trafficking in Persons . Acts of Trafficking in Persons. transport. . within or across national borders by means of threat or use of force. the exploitation or the prostitution of others or other forms of sexual exploitation. (g) Debt Bondage .refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt. (i) Council . information technology. The recruitment.refer to the extraction of work or services from any person by means of enticement. abuse of power or of position. through publication.

or circumstance tending to cause the dishonor. status. pornography. condition. involuntary servitude or debt bondage. transport or adopt a child to engage in armed activities in the Philippines or abroad. or to blacken the memory of one who is dead. discredit. condition. discredit or contempt of the person defamed. 2. sexual exploitation. are within the exclusive jurisdiction of the Regional Trial Court even if the penalty is within the Jurisdiction of the Municipal Trial Courts. status or circumstance. engraving. (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. painting or theatrical or cinematographic exhibition. It must be malicious. (BAR 2002) and 5. 1. buying. any person or. Commission of libel Libel is a defamation committed by means of writing. economic or other consideration. slavery. deceit. lithography. any Filipino woman to a foreign national. omission. transport or abduct a person. sexual exploitation. forced labor or slavery. real or imaginary. or material. 4. fraud. profit. and (h) To recruit. involuntary servitude or debt bondage. adopt. real or simulated. or any similar means. or trading them to engage in prostitution. (BAR 2003) 3. 2010) 1. whether civil or criminal. printing. If a public official and holding office in Manila: In the RTC of Manila . violence. selling or trading him/her to engage in prostitution. 6955. forced labor. or any act.The civil case must also be tried in the RTC trying the criminal case (No separate civil action) c) If the libel imputes any of the private crimes. If a private person: in the RTC of the province/city where he resides b). pornography. Elements and rules in libel Libel Libel is a public and malicious imputation of a crime. involuntary servitude or debt bondage. or any act. for the purpose of acquiring. or of a vice or defect. 31. JURISDICTION a). or one who is dead. pornography or sexual exploitation. There must be an imputation of a crime. Venue: General rule: the action for libel shall be in the RTC of the province/city where the article was first printed and published (Rule of Place of First Print and Publication) but it may also be filed elsewhere as follows: a). or contempt of a natural or juridical person. sexual exploitation. Elements (BAR 2005. or of a vice or defect. b). (g) To recruit. Imputation must be made publicly. as provided for under Republic Act No. omission. by means of threat or use of force. hire. selling. (e) To maintain or hire a person to engage in prostitution or pornography. pornography. real or imaginary. coercion. It must be directed at a natural or juridical person. buying. (c) To offer or contract marriage. for marriage for the purpose of acquiring. offering. radio. slavery. offering. forced labor. It must tend to cause the dishonor. or intimidation for the purpose of removal or sale of organs of said person. (f) To adopt or facilitate the adoption of persons for the purpose of prostitution. phonograph. Actions based on libel. the Prosecution must be upon a complaint filed by the offended party 2.(b) To introduce or match for money.

C loves BA very much that is why she willingly gave in to the intercourse. magazine or serial publication. Tupeng is guilty only of rape under Article 335. at that time. and while the libel is in progress. she did so because she had nowhere to go and she believed. 159787. Persons liable for libel 1. if any? Qualified Seduction 27) Mida. CA. unless it appears that they were used and understood in another sense. He then had carnal knowledge with Mida against her will. 126466 January 14. G. Although Mida initially agreed to stay at appellant’s apartment. went home to Cebu to conceal her . The author or editor of a book or pamphlet. Any person who shall publish. the 14 year old daughter of BB. or 2. May 21. in relation to Articles 335 and 48 of the Code. Tupeng warned Mida not to tell anyone about the incident and warned her that her mother would condemn her for sleeping at his apartment. It is the meaning that the words in fact conveyed on the minds of persons of reasonable understanding.” Moreover.c) If a public official holding office outside Manila: in the RTC of the province/city where he holds office Self-defense in libel – Physical assault may be justified when the libel is aimed at the person’s good name.R. left their house. 2004. it is essential that the victim be identifiable although it is not necessary that he be named. They lived together with the children of BB frim her first husband. and not of the complex crime of serious illegal detention with rape under Article 267. after being berated by her mother. Ten minutes after leaving the room.) 28) Ana has been a bar girl/GRO at a beer house for more than 2 years. exhibit or cause the publication or exhibition of any defamation in writing or by similar means. It is enough if by intrinsic reference the allusion is apparent or if the publication contains matters of description or reference to facts and circumstances from which others reading the article may know the person alluded to. What was the crime committed by PO3 B? Violation of Domicile 26) BA and BB had been married for more than six months. discretion and candor. who was a neighbour of Mida. who impregnated her. completely naked. People. or if the latter is pointed out by extraneous circumstances so that those knowing such person could and did that he was the person referred to (Diaz v. The original and primordial intention of Tupeng in keeping Mida in his apartment was to rape her and not to deprive her of her liberty. No necessity in naming the person accused In order to maintain a libel suit. What was the crime committed by BA. charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the person or persons against whom they were uttered were guilty of certain offenses or are sufficient to impeach the honesty. Forcible abduction is absorbed in the crime of rape if the real objective of the accused is to rape the victim. Hence. PO3 B entered the dwelling of T against the latter’s will on suspicion that T keeps unlicensed firearms in his home. Tupeng returned and sat on the bed in the evening of the same day. (PEOPLE vs. natural and ordinary meaning as they would naturally be understood by persons reading them. the words used are to be construed in their entirety and should be taken in their plain. paragraph 1of the Revised Penal Code. No. May 25. invited the latter to his apartment to spend the night therein to which Mida voluntarily agreed. Test to determine whether a statement is defamatory To determine “whether a statement is defamatory. It must be shown that at least a third person could identify him as the object of the libelous publication (Borjal v. who was her neighbor. 172203.132135.R. No. Tupeng led Mida to a room where she was to sleep. But Ana did not inform him about her condition and instead. or the editor or business manager of a daily newspaper. Mida was padlocked inside the house for five days until she was rescued. the bartender. February 14. G. 1999). G. 2007). G. People and Escalante. that she was safe with Tupeng. Tupeng is guilty only of rape and not of serious illegal detention. She fell in love with Oniok. After gratifying his lust. one libel deserves another. No. 2011). virtue or reputation or to hold the person or persons up to public ridicule (Lopez y Aberasturi v. for defamation contained therein to the same extent as if he were the author thereof.R. No. The intention or meaning of the writer is immaterial.R. Was the complex crime of serious illegal detention with rape committed? SUGGESTED ANSWER: NO. BA had sexual relationship with C. SABARDAN. Tupeng. which should be considered.

255. all valued at P1. Correct? SUGGESTED ANSWER: No. Is O liable for violation of the Anti-Fencing Law? SUGGESTED ANSWER: O is not liable for violation of Anti-Fencing Law.00. received from the national government five (5) new computers for the use in the city treasurer’s office. her legitimate son. Revised Penal Code). an inquisitive neighbor saw them and with the help of others. in his TV program. Revised Penal Code). and E. and theft. 30) R. What crime or crimes did A and B commit? SUGGESTED ANSWER: A committed the crime of multiple parricide for the killing of C. So she returned to Manila and stayed with Oniok in his boarding house. He added that the said hospital even refused to accept a check. urged the closure by the authorities of RX Hospital for denying medical assistance to a dying child simply because the mother could not give a cash deposit. enraged. In the case at bar.C. a general merchant. a young housewife. they were convicted of the crime charged.000. informed & TV commentator. Each computer valued at P15. his wife. he noticed the vault open. to whom she was lawfully married. C. par. Hence. To constitute robbery the offender who brought outside the locked receptacle must have entered it. Was the conviction correct? SUGGESTED ANSWER: The conviction of Ana and Oniok is not correct. Where the offender’s intention to take the personal property of the victim arises only as an afterthought and his original intent was to kill. All these killings constitute parricide under Article 246 of the Revised Penal Code because of her relationship with the victims. C. The taking of the jewelry only came to his mind after the killing. For robbery with force upon things to be committed. Correct? . The 2 were charged with parricide under Article 246 of the Revised Penal Code. As B was about to leave the bank premises. But for feloniously causing the death of D and E. Upon coming home and learning what happened. Subsequently. without entering the house. her paramour. The prosecutor charged him with Robbery with homicide. The sick child of A and B was never in critical condition. He shall be charged of two separate crimes of Homicide and Theft. and there was no check involved in the incident. They are liable for infanticide because they killed a child less than three days of age (Art. The Anti-Fencing Law refers only to the buy and sell of articles of value which are the proceeds of robbery and theft. D and E shared the food in the presence of A who merely watched them eating. retrieved the infant who was already dead from drowning.00. 32) A. he prevailed upon Ana to conceal her dishonor. A and B bought pancit and mixed it with poison. A gave the food with poison to C. and E. He entered it. Oniok tried to persuade her to undergo an abortion. He brought out the chest to the yard where he broke it open and took away the contents thereof. 3. Without verifying said report. After trial. The plan was only to kill C. he sold four (4) of the computers to his VERY CLOSE friend. shot the former. the crime committed by A is theft. conspired to kill C. Because of their constant and bitter quarrels. However. However. the charge against B is incorrect. her legitimate son. the offender should have entered the house. they placed the infant in a shoe box and threw it into a nearby creek.00. 248. 31) C broke open a window and. 29) Insulted when he was called macho by the manager of the bank where he was employed as security guard. otherwise. Since R needed money for the hospitalization of his sick son. C was charged with libel. D and E died because of having partaken of the poisoned food. Correct? SUGGESTED ANSWER: No.000. D. C. and B. The incident was reported to the police who arrested Ana and Oniok. forced a locked container and got the jewelry therein. 33) A. her illegitimate father. her lawful husband. the city treasure of Baguio City. but before C could eat it. for P10. The real intention of B was to kill the manager and not to rob the bank and take the jewelry. as the case may be. B committed the crime of murder as a co-conspirator of A in the killing of C because the killing was carried out by means of poison (Art. could not put up the cash deposit required by the hospital. already in an advanced state. B committed two counts of homicide.000. her illegitimate father. The facts of the problem show that C without entering the house took the wooden chest lying underneath the window which he broke open. O then resold the computers. took a wooden chest lying underneath the window. D.shame. her husband. B. the crime committed is theft. arrived. It turned out however that the story was wrong. but she refused. who died on the spot. her parents drove her away. he is guilty of two separate crimes of homicide or murder. O. He was charged with robbery with force upon things. she suffered birth pangs and gave birth prematurely to a live baby girl while Oniok was at his place of work. Two months after the transaction. Upon learning of her pregnancy. that his wife had complained that their youngest child who was allegedly extremely ill and on the verge of death was denied admission at the RX Hospital because B. the husband of B. R audited and the investigation led to the discovery that O bought the four (4) computers. the computers sold to be were not obtained through robbery.

B decided not to return C to his mother. On one occasion. A motorcycle is included in the definition of a "motor vehicle" in said Rep. The said circumstance may be appreciated only in the crime of Slight Illegal detention under Article 268. et al. The imputation is defamatory as it tended to cause dishonor. D and P fled from the scene taking the motorcycle with him. RR is guilty of a grave offense. his father. Without verifying the facts and urging the closure of the hospital by the authorities for denying medical admission to a dying child. is liable for libel because the imputation tend to cause dishonor. it was indubitably determined that the fish they were selling were caught with the use of explosives. B released E even before any criminal information was filed against him. also known as the 'Anti-Carnapping Act of 1972'. the three . did B commit? SUGGESTED ANSWER: B committed the crime of kidnapping and failure to return a minor under Article 271. She collected and received from them various amounts of money for recruitment and placement fees totalling P400. the crime committed is kidnapping and serious illegal detention under Article 267 of the Revised Penal Code wherein the voluntary release of the victim does not extinguish criminal liability. Overseas Employment Authority). Act No. De la Cruz. 10 SCRA 673) 35) RR represented to AA. discredit or contempt on the hospital. At the trial of the case. Upon reaching the bridge. a minor as B was enamoured with her beauty. Act. as amended. which is incurred when the illegal recruitment is carried out in large scale or by a syndicate. if any. as amended by Pres. (Asistio v. They sought refund to no avail. It is not true that the conditions of the child was in a dying condition at the time. 14 of Rep. B’s defense will not prosper. plied his usual route using a Honda motorcycle with a sidecar. of the Revised Penal Code. as amended. 6539. Their child C. D and P rode on the sidecar. After their dates of departure were postponed several times. considering that the killing "in the course or "on the occasion of a carnapping (People vs. a minor. There they found out that RR was not authorized nor licensed to recruit workers for employment abroad. a tricycle driver.000. 34) B.SUGGESTED ANSWER: C. One evening.00. having engaged in illegal recruitment constituting the offense of economic sabotage which is punishable with life imprisonment and a fine of P100. constitutes a violation of said provisions of law. was placed in the custody of A the mother. San Diego. discredit or contempt on the hospital. when B had C in his company. ECONOMIC SABOTAGE is an offense defined in 38(b) of the Labor Code. a private individual. SUGGESTED ANSWER: C is liable for libel. Is RR guilty of any grave offense? SUGGESTED ANSWER: Yes. 36) G. 38) Upon a laboratory examination of the fish seized by the police and agents of the Fisheries Commission. There was no check offered by way of deposit so the statement of C that the hospital refused to accept the check was false. B took C with him to the United States where he intended for them to reside permanently. Since the custody of C. BB. poked a knife at Samuel and instructed him to go near the bridge. The killing of G is not a separate crime but only an aggravating circumstance.000. The fact that C did not even verify the report makes his liability clear. D alighted from the motorcycle and suddenly stabbed Samuel several times until he was dead. the minor. 6539. What crime. On the second day. And it is committed by a syndicate when three or more persons conspire or cooperate with one another in carrying out the illegal transaction. Malice in law. is therefore. It is not true that the child was extremely ill and on the verge of death nor is it true that the hospital refused to accept a check for the admission of the child. the latter's act of taking C to the United States. to reside there permanently. in relation to Article 270. kidnapped E. has been given to the mother and B has only the right of monthly visitation. subject to monthly visitations by B. the intent to cast aspersion and injury to reputation and standing of the hospital becomes manifest as it was done with reckless disregard of whether it was false or not. Instead. Besides. Accordingly. Article 271 expressly penalizes any parent who shall take from and deliberately fail to restore his or her minor child to the parent or guardian to whom custody of the minor has been placed. Decree No. 183 SCRA 763). such release is irrelevant and immaterial in this case because the victim being a minor. 37) A and B were once madly inlove but are now legally separated. It is in a large scale when there are three or more aggrieved parties. There is no apparent motive for the killing of the tricycle driver but for Raul to be able to take the motorcycle. Act No. the four prospects got suspicious and went to POEA (Phil. Alternative Answer: The crime committed by D and P is carnapping. scheme or activity. Will B’s defense prosper? SUGGESTED ANSWER: No. punished by Section 14 of Rep. B raised the defense that he did not incur any criminal liability since he released the child before the lapse of the 3-day period and before criminal proceedings for kidnapping were instituted. The fact that the tricycle driver was killed brings about the penalty of reclusion perpetua to death. 2018. individually or as a group. CC and DD that she could send them to London to work there as sales ladies and waitresses. Voluntary release by the offender of the offended party in kidnapping is not absolutory. presumed. What crime or crimes did D and P commit? |5%] SUGGESTED ANSWER: D and P committed the composite crime of Carnapping with homicide under Sec.

704 which makes it unlawful for any person to knowingly possess. succeeds in inserting his penis into the anus of B. which retroacts to the date that the crime was committed. and E. takes B. and a fine of P500. Michael then sought the suspension of his sentence under R. B. Can Michael avail of the suspension of his sentence provided under this law? SUGGESTED ANSWER: The benefits of a suspended sentence can no longer apply to Michael. 1683. Salcedo. C. arrested A and B who were in a banca. 2008 and People v.A. Act No. What crime or crimes did A. July 23. People v. pero di binigay ng buo ni sir sa reviewer yung facts) 41) Michael was 17 years old when he was charged for violation of Sec. the PNP motorboat was intercepted by a third banca whose occupants. 9165 (illegal sale of prohibited drug). otherwise all would have the same criminal liability as the act of one becomes the act of all. GR. March 16. 2011. renders their possession of such fish innocent unless the prosecution could prove that they have knowledge that explosives were used in catching such fish.Michael applied for probation but his application was denied because the probation law does not apply to drug offenders under R. The latter's banca was towed towards the municipality. assumes that there is no conspiracy among A. 9165. by inserting his penis into the anus of the latter. on board on motorboat with Z. Michael may be confined in an agricultural camp and other training facility in accordance with Section 51 of Rep. through threat and intimidation. and the accused had knowledge thereof. Correct? Will minority exculpate him? SUGGESTED ANSWER: Under RA. a civilian as motor-man. GR No. 2011. Although the act penalized in said Decree may be a malum prohibitum. (Iba na ata ang ruling dito) 42) A.A. he will be liable if he acted with discernment. 9344 or the Juvenile Justice and Youth Welfare Code. to a motel and there. GR No. as minimum. By the time he was convicted and sentenced. However.D. People. and E that they are all under arrest. as maximum. No. The first explosion killed X. he being a civilian.000. 2 of Article 266-A of the Revised Penal Code. (2006 Bar:Kidnapping. 2009). he was already 21 years old. constitutes the separate offense of murder qualified by treachery. of course. However.D. another male. Even a man may be a victim of rape by sexual assault under par.A. Jacinto. C. the Juvenile Justice and Reform Act. for dynamite fishing. C. A and B are liable for the complex crime of Murder Qualified by explosion as to death "of Y. to seventeen (17) years and four (4) months of reclusion temporal. The crime committed is abduction because there was lewd design when they took the victims away and subsequently raped them. On the basis of the above facts. a male. D. "when the offender's penis is inserted into his mouth or anal orifice. X and Y. 9344.vendors were criminally charged with the violation of Section 33 of P. qualified by explosion. 182239. RPC) and the separate offense of murder against D. June 22. On the way. A and B also reacted by throwing dynamite at the PNP motorboat: its explosion killed Y and Z. What. The suspension of sentence lasts only until the law reaches the maximum age and thus. D. The claim by the fish vendors that they only bought the fish from fishing boats which they "duly identified". D and E. tried to negotiate for the release of A and B and their banca. if you were the judge. During the trial. B. The prosecution however claimed that the three vendors should nevertheless be held liable for the offense as they were the ones caught in possession of the fish illegally caught. 9344. and E simultaneously threw dynamite sticks at the PNP motorboats. deal in. Sarcia. if any. and simple Murder qualified by explosion for the death of Z. The killing thereafter. D and E commit? SUGGESTED ANSWER: C. is A’s criminal liability? SUGGESTED ANSWER: A shall be criminally liable for rape by committing an act of sexual assault against B. with direct assault for the death of X. 186523. 342. Accordingly. 40) J and N committed two counts of the complex crime of forcible abduction with rape (Art. No crime of direct assault can be filed insofar as the death of Z is concerned. 9344 (People v.Illegal Detention ito. D and E are liable for the complex crime of Murder. D. The PNP officers refused and instead shouted at C. Padua v. September 10. Act No. Nonoy will be exculpated if he was 15 years old or below. As the problem shows that Nonoy acted with discernment. 169641. This. as amended. 39) Two [2] Philippine National Police (PNPJ officers. he will be entitled to a suspension of sentence. Thereupon. the three vendors claimed that they bought the fish from a fishing boat which they duly identified. C. or sell for profit any fish which have been illegally caught. could no longer be considered a child for purposes of applying Rep. 5 of R. GR No. he shall be entitled to the right of restoration." . the law punishes the possession. 704. Mere possession of such fish without knowledge of the fact that the same were caught with the use of explosives does not by itself render the seller- possessor criminally liable under P. I would not convict the three fish vendors if I were the judge. rehabilitation and reintegration in accordance with the law to give him the chance to live a normal life and become a productive member of the community. if he was above 15 years old but below 18 years of age. would you convict the three fish vendors? SUGGESTED ANSWER: No. hence criminal intent is essential. dealing in or selling of such fish only when "knowingly" done that the fish were caught with the use of explosives. The court sentenced him to suffer an indeterminate penalty of imprisonment of six (6) years and one (1) day of prision mayor.

Despite Aling Maria's objection. 7610. induced and succeeded in inducing complainants and several other persons to give and deliver to said accused the amount of at least P20. used to whip him when he failed to come home on time from school. without the consent of the owner/raiser of any of the mentioned animals in the law. . 7610 refers to the maltreatment of the child. the accused knowing fully well that the abovenamed corporations registered with the SEC are not licensed nor authorized to engage in foreign exchange trading and that such manifestations and representations to transact in foreign exchange were false and fraudulent. MNA was charged of child abuse. 45) The president. transaction. He can also be liable as an employer for the employment of a minor below 15 yrs. Incorporated. What is the crime committed? SUGGESTED ANSWER: The crime committed is Qualified Theft of large cattle. method or scheme. whether or not for profit or gain. to punish him for carelessness in washing dishes. 8 of RA. whereas the case given involved only three (3) accused who are alleged to have conspired in the commission of the swindling. did then and there willfully. enterprise or scheme. Revised Penal Code). she borrowed money from her compadre Mang Juan with the assurance to pay him within 2 months. Two months lapsed but Aling Maria failed to settle her obligation.000. retainh im in his service (Art. conspiring and confederating together and all of them mutually helping and aiding one another in a syndicated manner. her eldest son. Will the case for syndicated estafa prosper? SUGGESTED ANSWER: No. she sometimes sent him to bed without supper.000. a case for syndicated estafa will not prosper because a syndicate for such crime under Pres. The wrongful acts penalized as "Child Abuse" under Rep. resulting in his head injuries and impaired vision that could lead to night blindness. 2(b) of the said Law. SUGGESTED ANSWER: The crime committed is cattle rustling. She moved to quash the charge on the ground that there is no evidence she maltreated her adopted child habitually. when he was accidentally bumped by her car. Also. guardian or person entrusted with the custody of a minor.000. 12. according to the social worker on the case. but only mildly. and feloniously defraud Virna. Art. 315 and 316 of the Revised Penal Code. It appears from the evidence that she failed to give immediately the required medical attention to her adopted child. Under PD 533. which they made with complainants and the public in general. asking for P2. Is her motion meritorious? SUGGESTED ANSWER: No. such that Y had to enlist the aid of the Barangay captain and PC soldiers to retrieve his cow. Mang Juan insisted and brought Annie to his house to work as a maid.000. with intention of carrying out the unlawful or illegal act. The cow was eventually found in X’s possession. old. Decree 1689 must be comprised of five (5) or more persons committing the estafa or other forms of swindling defined in Arts. and secretary of ABC Corporation were charged with syndicated estafa under the following Information: That on or about the 1st week of January 2010 or subsequent thereto in Cebu City and within the jurisdiction of this Honorable Court. the above-named accused.43) Mrs. but X claimed persistently that the cow was entrusted to him by his brother Z. It is not necessary that movant's maltreatment of a child be "habitual" to constitute child abuse. that these resulted to the damage and prejudice of the complainants and other persons. Was a crime committed by Mang Juan when he brought Annie to his house as maid for the purpose of repaying her mother's loan? SUGGESTED ANSWER: Yes. with intent to gain and by means of fraud and deceit. Mrs. Act No. Mang Juan committed the crime of exploitation of child labor which is committed by any persons who under the pretext of reimbursing himself of a debt incurred by an ascendant. There may be qualified theft of large cattle if such is not taken but is received by the offender.000. X denied seeing it. She added that the accident was caused by her driver's negligence.00 to complete his semestral tuition fees preparatory to his final exams in Commerce. shall. When Y inquired about his cow. 46) X stole the calf of Y. Lana. or whether committed with or without violence against or intimidation of any person or force upon things. "whether habitual or not": this is expressly stated in Sec. BPO.00 on the strength of said manifestations and representations. The motion to quash is not meritorious. or when he misappropriates it. 1689 with a lower penalty than syndicated estafa. against the latter's will. and that the defraudation pertains to funds solicited from the public in general by such corporations/associations. or where only the material possession thereof has been transferred. Deborah and several other persons by falsely or fraudulently pretending or representing in a transaction or series of transactions. 273. She did punish her ward for naughtiness or carelessness.00 a month. under Sec. to the effect that they were in a legitimate business of foreign exchange trading successively or simultaneously operating under the name and style of ABC Corporation and DEF Management Philippines. Mang Juan told Aling Maria that she does not have to pay the loan if she will allow her youngest 10- year old daughter Annie to work as a housemaid in his house for 2 months at Pl. 44) Aling Maria received an urgent telephone call from Junior.00.D. MNA should be liable for child abuse. Distressed and disturbed. through a corporation registered with the Securities and Exchange Commission (SEC). treasurer. the case is still under the same P. But because the amount defrauded exceeds P100. The accused. unlawfully. cattle rustling is committed by taking away by any mean.

a tricycle driver. What action/s may C commence against A and B to hold them to account for the loss of her P85. One evening. poked a knife at Samuel and instructed him to go near the bridge. Upon C’s presentment of the check for payment on due date. under the given facts. 14 of Rep.36) SUGGESTED ANSWER: Raul committed the composite crime of Carnapping with homicide under Sec.000.000. Although a simultaneous action for estafa is authorized by law for the issuance of a worthless check.00. A cannot be held liable under BP 22 because he was a mere endorser of B‟s check to C who exchanged the check in cash. Act No. The fact that the tricycle driver was killed brings about the penalty of reclusion perpetua to death. Hence only a civil action may be filed by C against A to recover the P85. The killing of Samuel is not a separate crime but only an aggravating circumstance. punished by Section 14 of Rep. . Both of them knew that the check would not be honored because B’s account had just been closed. plied his usual route using a Honda motorcycle with a sidecar. Upon reaching the bridge. Raul alighted from the motorcycle and suddenly stabbed Samuel several times until he was dead.00 with the assurance that the check shall be funded upon maturity. 6539. Criminal liability for estafa does not arise when a check has been issued in payment for a pre-existing debt. De la Cruz. There is no apparent motive for the killing of the tricycle driver but for Raul to be able to take the motorcycle. it was dishonored because the account had already been closed. 183 SCRA 763). Raul fled from the scene taking the motorcycle with him.000. Act. and with knowledge at the time he issued the check that the account thereof is already closed.00? SUGGESTED ANSWER: A criminal action for violation of BP 22 may be filed against B who drew the postdated check against a closed bank account. even agreeing that the exchange be discounted at P85. as amended. for value paid by C. also known as the 'Anti-Carnapping Act of 1972'. The two then approached trader C whom they asked to change the check with cash. 48) Samuel. Alternative Answer: The crime committed by Raul is carnapping. considering that the killing "in the course or "on the occasion of a carnapping (People vs. A motorcycle is included in the definition of a "motor vehicle" in said Rep. Raul rode on the sidecar. et al.00. the check was discounted and thus issued in a credit transaction for a pre-existing indebtedness. What crime or crimes did Raul commit? (Same with No.47) A asked financial support from her showbiz friend B who accommodated her by issuing in her favor a postdated check in the sum of P90. 6539. Act No. BP 22 does not apply to endorser of checks.000.