Professional Documents
Culture Documents
UP, LAW CENTER, UST, UE, San Sebastian College, UM, CPRS, Magnificus Review, Power house
1.A recklessly drove his Toyota car hitting another Nissan car as a consequence
of which the Nissan car sustained damage, B died, and C suffered slight physical
injuries. What are the crimes committed? Following the view that culpa is just a mode
of committing a crime, the crimes committed are reckless imprudence resulting in
homicide, reckless imprudence resulting in damage to property, and reckless
imprudence resulting slight physical injuries. Since they are produced by a single
reckless act, the first two constitute a compound crime while the latter is separate for
being a light felony (People vs. Turla, G.R. No. L-26388, February 14, 1927; Gonzaga
vs. People, G.R. No. 195671, Jan. 21, 2015).Following the view that culpa is a crime,
single reckless act constitutes a single crime of reckless imprudence resulting in
homicide, damage to property and slight physical injuries (Ivler vs. Modesto-San
Pedro, G.R. No. 172716, November 17, 2010).
9. After the discoveryof illegal possession of lumber, A unlawfully took the truck
used to commit the crime from the authorities. What is the crime committed?A is not
liable as an accessory since he did not conceal the instrument of the crime for the
purpose of preventing the discovery thereof. Crime was already discovered when the
concealment was made. However, he is liable for obstruction of justice for concealing
the truck to impair its availability as evidence in the criminal proceeding for illegal
possession of lumber (Padiernos vs. People, G.R. No. 181111, August 17, 2015).
10. The information alleged that during a planned initiation rite, the accused
inflicted injuries upon the victim and as a consequence he died. However, the evidence
presented shows that the participation of the accused is inducing the victim to attend
the hazing. Can the accused be convicted of hazing? Yes. The "planned initiation rite"
as stated in the information included the act of inducing victim to attend it(Dungo vs.
People, supra; People vs. Bayabos, G.R. No. 171222, February 18, 2015).
11. MMDA officer is extorting money from a driver of a vehicle, who committed
trafficking violation along Edsa. The officer threatened the driver that he will
confiscate her driver’s license unless she will give him P500.00. However, MMDA
officer is not aware that his act of extorting money is being recorded by the driver. Is
the driver liable for violating the Anti-Wire Tapping Law.Yes. The recording of private
conversations without the consent of the parties contravenes the provisions of RA No.
4200. The law covers even those recorded by persons privy to the private
communications. The law is applicable even if the conversation being recorder pertains
to criminal extortion (Mamba vs. Garcia, A.M. No. MTJ-96-1110, June 25, 2001).
12. A security guard planted a bullet in the bag of an overseas worker at NAIA
and threatened to arrest him unless he produced P10,000. What are crimes
committed? The crimes committed are planting of evidence under RA No. 10591 and
attempted robbery. These crimes cannot be merged together to form a complex crime
since planting of evidence is punishable under special law.
is liable for libel since the article was libelous and inconsistent with good faith and
reasonable care. Hence, the answer is “A” (Tulfo vs. People, G.R. No. 161032,
September 16, 2008, Justice Velasco).
15. A by means of violence forced his wife to have sex. Is A liable for rape? Yes.
Husband can be held liable for marital rape. Article 266-A of RPC uses the term “man”
in defining rape without regard to the rapist’s legal relationship with his victim. Under
Article 266-C of RPC, in case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party shall extinguish the criminal
action. RA No. 8353 has eradicated the archaic notion that marital rape cannot exist
because a husband has absolute proprietary rights over his wife’s body and thus her
consent to every act of sexual intimacy with him is always obligatory or at least,
presumed (People vs. Jumawan, G.R. No. 187495, April 21, 2014).
16. A, a public officer failed to disclose his previous criminal conviction in PDS.
What is the crime committed? If the PDS is unsworn, the crime committed is
falsification (Sevilla vs. People, G.R. No. 194390, August 13, 2014). If the PDS is
sworn, the crime committed is perjury (People vs. Cruz, 108 Phil. 255).
18. The video of the sexual intercourse of a lady Senator with her driver was uploaded
in the internet without her consent. Can this sex video be presented as evidence in a legislative
hearing? No. Since the publication of this video recording is a violation of the Anti-video
voyeurism law, it is not admissible in evidence.
19. A conducted a bust-bust operation. The pusher raised his hands to manifest his
intention to surrender but the police officer shot and killed him. The crime committed is
murder with the privilege mitigating circumstance of incomplete performance of duty.