Not Criminal Offense; Enforced Disappearance and Extralegal Killing; Criminal Law 2008

Simultaneous
Human Rights Prosecution of TwoRights
Violation; Human Different Offenses;
Violation Section 1 ofasRA.
not Considered 1700 (the
Crimes; Criminal Law 200
AntiSubversion Act) and Rebellion under Article 135 of the Revised Penal Code; Criminal
Law 1991
Circumstantial evidence; Proof beyond reasonable doubt; Criminal Law 2006
Construction of penal laws – Doctrine of pro reo; Criminal Law 2010
Grounds for dismissal
Corpus delicti; of cases;
Elements; affidavit
Criminal of desistance; effect thereof; Criminal Law 1993
Law 2000

Corpus delicti; Criminal Law 2001

Absence of corpus delicti; Criminal Law 2001
Aberratio Ictus in rel. to ART 48, 49, 13; Criminal Law 1989
Aberratio ictus and error in personae; Art. 48, 49; Criminal Law; Bar Question 1994
Aberratio ictus: Error in personae; and Praeter intentionem; Criminal Law 1999
Art.2-Application of RPC’s provisions; Criminal Law 2015
Characteristics of criminal law; Criminal Law 1988
Characteristics of Philippine criminal law; Criminal Law 1998
Generality – Diplomatic Immunity ; Criminal Law 2016
Generality – Diplomatic Immunity; Criminal Law 2014
Scope of application and characteristics of Philippine criminal law; Territoriality; Criminal La
Application of Philippine Criminal law; Territoriality; Criminal Law 1994
Application of Philippine criminal law; Territoriality principle; Criminal Law 2008
Distinguish between ex post facto law and bill of attainder; Criminal Law 2015
Ex Post Facto Law; Criminal Law 2014
What are the constitutional provisions limiting the power of Congress to enact penal laws?;
Constitutional limitations on the power of Congress to enact penal laws; Criminal Law 1988
Constitutional limitations on the power of Congress to enact penal laws; Criminal Law 2013
Due process; Proper allegation of the offense charged; Criminal Law 1997
In rel. to Art 48—What is aberratio ictus?; Criminal Law 2015
In rel. to Art 48, 49, 13—Aberratio Ictus vs Impossible Crime; Criminal Law 1993
ART 3 Mala in se and crimes mala prohibita; Criminal Law 2005
ART 3 Motive; Criminal Law 1999
ART 3 Mala in se; mala prohibita; Criminal Law 1997
ART 3 Criminal Intent; Criminal Law 1988
ART 3 Proof of motive; when not required; Criminal Law 2006
ART 3 Theories; motive; criminal intent; Criminal Law 2004
ART 3 How are felonies committed?; Criminal Law 2015
CRIMINAL LIABILITY
ART 4 (1) Criminal liability; when incurred; Criminal Law 1994
Art 4 Criminal Liability In relation to Art 8 Conspiracy; Criminal Law 1992
Art. 4 Criminal Liability; Proximate Cause In relation to robbery with homicide; Criminal Law
Art. 4 Criminal Liability; Criminal Law 2008
ART.4--Criminal liability; when incurred; Criminal Law 1996
ART.4 Criminal liability; when incurred; Criminal Law 1997
ART.4--Criminal liability; when incurred; Criminal Law 2001
ART.4--Criminal liability; when incurred; Criminal Law 2004
ART.4--Criminal liability; when incurred; Criminal Law 2008
IMPOSSIBLE CRIMES
Art 4 (2): Impossible crimes; Criminal Law 2014
ART 4(2) Impossible Crime; Criminal Law 2014
Art. 4 (2) Impossible Crime In relation to Art. 265; Less serious physical injuries; Criminal Law
Art. 4 (2): Impossible crime of murder; Criminal Law 2009
ART 4(2)- Impossible crime of murder; Criminal Law 2009
Art. 4 (2): Impossible crime of theft; Criminal Law 2008
Art. 4 (2) Impossible crime of murder; Criminal Law 2004
ART.4(2)- Impossible crime of murder; Criminal Law 2004
Art. 4 (2): Impossible Crimes; Criminal Law 2000
Art. 4 (2): Impossible crime of murder; Criminal Law 1994
Art. 4 (2): Impossible crime of murder; Criminal Law 1998
ART 4. In rel to ART 267—Impossible crime; Criminal Law 2014
ART. 4- Impossible crimes; Criminal Law 2000
ART.4-Impossible crime of theft; Criminal Law 2008
ART .4(2)- Impossible crime of murder; Criminal Law 1994
ART.4(2) Impossible crime of murder; less serious physical injuries; Criminal Law 1998
STAGES OF EXECUTION
ART. 6-Stages of execution; Consummated theft; Criminal Law 1998
ART.6- Stages of execution; Crime of theft; attempted; consummated; Criminal Law 2000
ART.6--Stages of execution; Frustrated felony; Criminal Law 2005
ART.6--Stages of execution; Frustrated murder; Criminal Law 2009
Art 6: Consummated theft; Criminal Law 1998
Art 6: Theft; attempted; consummated; Criminal Law 2000
Art. 6 (consummated carnapping) Art. 249; Art. 263; Homicide, Serious Physical Injuries and
Art 6: Frustrated felony; Criminal Law 2005
Art 6: Frustrated murder; Criminal Law 2009
LIGHT FELONIES
Art 7 Light Felonies in relation to Art 16; Criminal Law 1988
CONSPIRACY
ART. 8-[b] Wheel vs Circle and Chain; Criminal Law 2016
Art. 8: Define conspiracy; Criminal Law 2012
Art. 8: Conspiracy as a Felony vs as a Manner; Criminal Law (2012)
Art. 8: Conspiracy; Criminal Law 1991
Art. 8: Conspiracy; Criminal Law 1993
Art. 8: Conspiracy to commit robbery; Criminal Law 1996

PAGE 47 - Art. 8: Conspiracy (1994)

After due hearing on a petition for a writ of amparo founded on the acts of enforced disappearance and extralegal killing of th
Simultaneous Prosecution of Two Different Offenses; Section 1 of RA. 1700 (the AntiSubversion Act) and Rebellion under Artic
SUGGESTED ANSWER
May a ranking leader of the NPA who has taken up arms against the government be simultaneously prosecuted for violation o
No. "Enforced disappearance and extralegal killing" is not per se a criminal offense although it is wrongful. The grant of a writ
SUGGESTED ANSWER:

Yes, because the two offenses are punished under separate laws. Besides, the elements of the two offenses differ.

adduced by the prosecution convincingly show a clear link between the accused and the cut logs piled outside the gate of the

Following theofpro
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A. What are the limitations upon the power of congress to enact penal laws?
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Under Section 27 of the Convention of the Law of The Sea, the criminal jurisdiction of the coastal State should not be exercise
A. The limitations upon the power of congress to enact penal laws are as follows:
What are the constitutional provisions limiting the power of Congress to enact penal laws?; Criminal Law 2012 BAR
1. Congress cannot enact an ex post facto law.
SUGGESTED
However, heANSWER: is immune from criminal prosecution. Since the position of Volvik as charges de affaires is diplomatic, he is vested
2. Congress cannot enact a bill of attainder.
The constitutional provisions limiting the power of Congress to enact penal laws are the following:
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SUGGESTED ANSWER: ANSWER: crimes mala in se and crimes mala prohibita.
SUGGESTED
B. There
To what are none.does Theictus?;
rule is,Criminal
nullum crimen, Codenulla poena sine Barlege, there is no crim if there is no law punishing it.
Art 48—What istheory
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SUGGESTED
SUGGESTED ANSWER:
Motive
SUGGESTED is essential
ANSWER:
ANSWER: in the determination ofLawthe 2015
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is ANSWER:
the intent
moving from
power which Criminal
impels a Law.
person to do an1996
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SUGGESTED
Yes,
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contention
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Under
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ART
3. 3 Criminal Intent; Criminal Law 1988
May anSubordination
SUGGESTED act be malumofinperjury
ANSWER: se and -be, Procuring
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Motive
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offender case whenidentified there is doubt or as to the identity of the offender or when the act committed gives rise
In
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a crime mala beincommitted
se, the acts are by criminal
without nature wrong, intent?evil or bad, and so generally condemned. The moral trait of the offender is
Explain.
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A. There ANSWER:
are two schools of thought in Criminal Law, and theseidentified
are (a) theorclassical theory, which simply means that thecrimba
It
b. is nothas necessary
admittedtothe prove motive when of thethe offender is positively 133 SCRA 26the criminal actPeople
did not v.give rise to
et.variant
–commission
crime (People v. Yurong, (1984] citing Realon, al., 94 SCRA
Art.
A 4 Criminal
crime may beLiability committed Proximate
without Cause criminal In relation
intent in to
two robbery
cases: with homicide; Criminal Law 1999
Yes,
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actCriminal
may be malum in se and malum prohibitum
Lawat1994
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some time. In
provisions ofPeople
eminently v. Sunico, etaL,
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tendencies, it was hel
like punishmen
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prohibitum; or
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Offense,robbery in
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prohibita; of the
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Intent is
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achieve the desired result; while motive is the moving power which
2.
Bhey
d. Felonies
eloped with
Wheretheorized committed by
Scott. isWhereupon,
the crime means of culpa.
Bhey’s father, Robin, and brother, Rustom, went to Scott’s house. Upon reaching the hou
thatthe theproduct
of culpa or criminal
The defense
SUGGESTED ANSWER: killing was a mere accidentnegligence.
and was not perpetrated in connection with, or for purposes of, the
As
D. Sergio,
Yes, Yoyong,
a crime Zoilo
may andcommitted
be Warlilo engaged without incriminal
a drinking spree
intent at Heartthrob
if such is a culpable Disco, Special
felony, Policeintent
wherein Officer is 3substituted
(SPO 3) Manoloby negl Y
Is Rustom
Art. criminally
4 Criminal Liability; liable for
Criminal the death
Law 2008 of the child?
ART.4--Criminal
Will you sustain liability;
the defense? when incurred;
Why? Criminal Law 1996
(4%) of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is p
Felonies
What areare
ART.4--Criminal thecommitted
criminal
liability; not
liabilities
when only ofbyYoyong,
incurred; means Zoilo and
Criminal LawWarlito
2001 for the injury to Yabang?
SUGGESTED
While Carlos ANSWER:
was approaching his car, he saw it being driven awayBus by bound
Paolo, for a thief. Carlos tried toand
stopkilled
Paoloten by(10)
shouting at hT
Alexander,
SUGGESTED
ART.4 Criminal anANSWER:
escaped
liability; convict,
when ran amuck
incurred; on board Lawarejected
Superlines Manila from Bicol persons.
SUGGESTED
Luis Cruz wasANSWER:
deeply hurt when his offerCriminalof love was 1997 by his girlfriend Marivella one afternoon when he visited her. Wh
Yes,
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(1) What is iscriminally
the criminal liableliability
for theofdeath Carlos, of ifthe child
any? because
Explain. (4%) his(2008)
felonious act was the proximate cause of such death. It w
Can
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sustain
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a theliable
steamer defense.for the
prepared The death
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anchor Benjamin thealthough
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River, he was completely
cause ofimpatient
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death, the the twowork,
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Luis liable forbe thecriminally
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SUGGESTED
SUGGESTED ANSWER:
ANSWER:
The
May offender
A be held shall be prosecuted
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death of B? crime of robbery with homicide, whether the killing was intentional or acc
SUGGESTED ANSWER:
Carlos
Yes, did not incur
Alexander can be criminal
held liable liability for because
the death hisofact of firing
Carol at the rear
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because of the car to act
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proximatePaoloc
SUGGESTED ANSWER:
Yes, Luis is liable for their deaths because he was committing a felony when he started stabbing at the passengers and such wr
Under
(C7.S. Article 4, Revised Phil.Penal Code, any vs.person committing a felony shall incur criminal liability although the wrongful act don
Yes, A os.canValdez.
be held41 criminally 1497; liablePeoplefor the Apra. 27
death SCRA
of B. Article1037.)4 of the Revised Penal Code provides in part that criminal liability
In this case, the death of the three passengers was the direct, natural and logical consequence of Luis felonious act which crea
Buddy always resented
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(A)
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drive her the
to use
and of an
from explosiv
school
JP,
OZ
What Aries
incurred andor Randal
criminal planned
liability to
didkill
for an Elsa, a resident
impossible crime ofofBarangay
murder. Pula,
CriminalLaurel, Batangas.
liability shall be They askedby
incurred theany assistance of Ella, whoan
person performing i
In
If
A. the crime
ART.4-Impossible
you problem
were
An impossible
crimes,
the given, crime
ponente,
if of
the
crime
any,
howtheft;
impossibility
is anwill
Jerry
Criminal
actyouwhich
and
decide
Buddy
Law
would
2008
of accomplishing
the
commit?
appeal?
be an the[3%)
offense crime of murder,
against person aorcrime against
property, persons,
were if not was
for dueinherent
the to the employmimposs
Buddy
D.
Is the always
No,
prosecutorthe resented
prosecutor
correct? hisisIfclassmate,
not
he iscorrect Jun. Onecan
in filing day.
a case Buddy planned
for “impossible to crime
kill Juntobycommit
mixingkidnapping"
poison in hisagainst lunch. Enrique.
Not knowing wher
Impossibl
On
In April
the
SUGGESTED 3, 1992,
problem at
given,
ANSWER: about 10:00
the impossibility innotthecorrect,
evening,
ofspouses
accomplishingJP,he instead
Aries the file
andcrime a case
Randal, all
of five of
murder, grave
armed coercion?
a with
crime automatic
against weapons,
persons, was went
due to Barangay
towerethe employm Pu
Lucas
SUGGESTED had beenANSWER:the stay-in houseboy of Nestor and Julia for years. One night, while Nestor and Julia out hav
B. kidnapping
What
As No. Anorimpossible
crime iscrimes,
a crime crime
if against
any, did ispersonal
not really
Jerry a crime.
andsecurity
Buddy It isnot
commit?
and only so-called
[3%]
against persons because the act gives
or property, Enrique risecould
to criminal
not have liability.
incurred But anactua
“im
SUGGESTED
JP, ANSWER:
1. et found
They
aL,
Jerry were and charged
Julia's Buddyjewelry
andliable
are box
convicted
in for
one theofso-called
of
attempted
the cabinets,
murder bycrime”
“impossible
which was
the Regional
unlocked.because, Trial
Lucaswith Court
intent
believed
at Tanauan,
to kill,
that they
Julia's
Batangas.
tried towas
jewelry poison inside Juntheandbot
If
C. I were Yes, theA,ponente, I will set aside forthe judgmentarson convicting theofaccused of attempted of themurder and instead the find them guilty o
Suppose
Theappeal that,B,because
Prosecutor
C and D
is Court
not correct.ofare
hisliable
severe destructive
Thereallallergy
isthe to powdered
no “Impossible
because
crime milk, Jun
tothe
commit
the to
had destruction
be hospitalized
kidnapping”. First,
room
for
an 10 of
days
impossible
X with
for ingesting
crime
use of it.an
applies
explosiv
Would
only to yo
On
Criminal to
liability the is incurred of Appeals,
byor them although accused ascribed to trial court the sole error of finding them guilty of attempted
State with reasons, the crime crimes, if any,no Lucascrime and resulted, because their
Pedro committed. (7%)act of trying to poison Jun is criminal.
D.
SUGGESTED No, the prosecutor is not correct in filing a case for “impossible crime to commit kidnapping" against Enrique. Impossibl
ANSWER:
No,
If youthewere Prosecutor
the ponente, cannothow file will
a case youofdecidegrave the coercionappeal? because the crime committed, as explained above, is kidnapping for ra
SUGGESTED ANSWER:
As
1. kidnapping
Jerry andisBuddy a crimeare against
liable personal
for the so-calledsecurity “impossible
and not against crime” persons
because, or property,
with intent Enrique
to kill,could
they not triedhave incurred
to poison Junan “imt
and
SUGGESTED
ART. 6-Stages ANSWER:
of execution; Consummated theft; Criminal Law 1998
Lucas and Pedro may be heldFrustrated
liable onlyfelony; for impossible crime of theft because what they had in in in taking the jewelry box wa
ART.6--Stages
Criminal liability of is execution;
incurred by them although Criminal
no Law 2005
crimeconsummated;
resulted, because their act
ART.6-
If Stages of execution; Crime of theft; attempted; Criminal Lawof2000 trying to poison Jun is criminal,
InIthe
were the ponente,
jewelry
ART.6--Stages section
of execution; I will
of a big set aside themurder;
department
Frustrated judgment
store,Criminal convicting
Julia snatched
Law 2009the accused
a couple ofofbracelets
attempted andmurder
put these andininstead
her purse. find Atthem theguilty
store'so
Taking
2. into
No, athe account
answer would the nature and
not bebut elements
thea same of the
as above. felonies of coup d’etat and rape, may one be criminally liable for frustrate
Sunshine, beauteous “colegiala” shoplifter, wentJerry to the and Buddy
Ever would beStore
Department liableand instead
proceededfor lesstoserious
the women’sphysicalwear injurie
se
SUGGESTED
Delmo learned ANSWER:
that his enemy, Oscar, was confined at the Intensive Care Unit (ICU) of the Philippine Medical Center. Intendin
SUGGESTED ANSWER:
SUGGESTED
Art.
Art 6 (consummated
6: Consummated ANSWER:theft; carnapping)Criminal Art.Law 249;1998 Art. 263; Homicide, Serious Physical Injuries and Damage to property resulting from
The
Delmo crimewasischargedconsummated with frustratedtheft because murder, thequalified
taking ofby the bracelets
evident was complete
premeditation andafter Julia succeeded
treachery as aggravating in putting them in her
circumstances. D
No,
Art a person
6: Theft; may not beconsummated;
attempted; held liable for frustrated Criminal Lawcoup 2000d'etat or for frustrated rape because in a frustrated felony, it is require
The
Dodoy,
In thetheft
jewelrywas consummated
possessing section onlyofaastudentbigbecause driver's
department the permit,
taking
store, or asportation
found
Julia a parked
snatched wascarcomplete.
a couple withofthe Theleft
key
bracelets asportation
in the
and is complete
putignition,
these inhe whenAt
herproceeded
purse. thethe
tooffender
drive it a
store's
SUGGESTED ANSWER:
consequence
Sunshine,
Art 6: offense must
a beauteous
Frustrated have“colegiala”
murder; been
Criminal performed
but
Lawbe a2009 by the offender
shoplifter, tobut
wentDiscuss. thethe felony
Ever was not produced
Department Store and by reason oftocauses
proceeded independent
the women’s wear se o
What
SUGGESTED
Art 6: Frustrated or offenses
ANSWER: felony; may
Criminal Dodoy Law 2005 charged with?
Art 7 Light Felonies in relation to Art 16; Criminal Law 1988
Delmo was correctly charged with the crime of frustrated murder qualified by treachery—not evident premeditation because
SUGGESTED
Delmo
SUGGESTED learned ANSWER:
that his enemy,
ANSWER: Oscar, wasthe confined at the Intensive Care Unit (ICU)after of the Philippine Medical Center. Intendin
The
Taking
When crimeare isaccount
intolight consummated
felonies the punishable
naturetheftand because
elements
and who are taking
of the
liable ofin the
felonies bracelets
light offelonies? was complete
coup d’etat and rape, mayJulia onesucceeded
be criminally in putting
liable for them in her
frustrate
The
Delmo
Dodong theftwasmaywas consummated
charged
be charged with frustrated because the taking
murder, or asportation
qualified by evidentwas complete. The
premeditation andasportation
treachery as is complete
aggravating when the offenderD
circumstances.
SUGGESTED
ART.
SUGGESTED8-[b] ANSWER:
Wheel
ANSWER: vs Circlewith andconsummated
Chain; Criminalcarnnaping. Law 2016 Homicide, Serious Physical Injuries and Damage to property resulting
Art. 8: Conspiracy; Criminal Law 1993
SUGGESTED
Please take note ANSWER: that with respect toforEspiritu Case, taking hold offor thefrustrated
object is enough to consummate the crime:
No, a felonies,
person
Differentiate
Light
Art. may
wheel not
according be to
conspiracy held liable
Article and 7chain
of thefrustrated
Revisedcoup
conspiracy. Penal d'etat
(2.5%) Codeor are punishable rape because
“only when they in ahavefrustrated felony,although
been consummated,
in
it is require
with
As a 8: Conspiracy;
result Criminal
of a misunderstanding Law 1991
during a meeting, Joe was mauled by Nestor, Jolan, Reden and Arthur. He ran towards his ho
Delmo was correctly charged with the crime of frustrated murder. Delmo has performed all the acts of execution that would p
SUGGESTED
Article. a16fiesta, ANSWER:
ofclaims
theSimeon
Revised Penal Code provides that as “the following
not heare
During Marco, brandishing a knife, asked Constancio criminally
whether heliable for
thelight
wasfatal one felonies:
who slapped his (Simeon's) son
Arthur now that his conviction is erroneous it was who inflicted the blow.
1. Principals
Art.
There 8: Conspiracy
are
the two asliability
structuresa Felony of vs as a Manner;
multiple Criminal Law (2012)
2.
Discuss
Art.
Would
Accomplices.
8: Define
you criminal
conspiracy;
sustain his claim? ofWhy?
Criminal Law conspiracies,
Dulcisimo, 2012 Simeon andnamely:
Rafael. wheel or circle conspiracy and chain conspiracy.
Distinguish
A
Art.“wheel
8: Conspiracy by waytoofcommit
conspiracy” illustration
occursrobbery;when conspiracy
there
Criminalis as aLaw
a singlefelony person
1996 fromorconspiracy
group (theashub) a manner
dealingofindividually
incurring liabilitywith two in relation
or moretoother the crim
per
SUGGESTED
SUGGESTED ANSWER: ANSWER:
Conspiracy
A “chain to commit
conspiracy”, rebellion
on the other – if “A” and “B”with conspired toisabout
overthrow the government, conspiracy isapunishable. Conspirac
Jose,
Simeon Domingo.
Conspiracy
No. Arthur’s and exists Manolo,
Dulcisimo
claimwhen is without
and
will
two beor morehand,
Fernando,
liable
merit. for armed
the
persons
The
exists
death
offenders come when
of bolos,there
Bienvenido
to
acted an at
inagreement
successive
as the
conspiracy
one fatal communication
o'clock
concerning
in
inthe
injuries
killing the
thesustained
commission
victim
and
morning, cooperation
by
and hence,
robbed
the
of avictim
felony
liable
in
house
were
andmuch a the
atdecide
inflicted
collectively.
same
desolate
tobycom pw
th
Rebellion
What crime
Rafael – ifdid they Jose,committed
Domingo. rebellion,
Manolo theyFernando
and areconspiracy
equally liable
commit?was for the
Explain. crime and of rebellion.
there wasHowever, theyintent will to notkillbe addition
The actisofnot one liable
is the foract slight
of all. physical injuries as not present, no apparent when he i
SUGGESTED ANSWER:
The existence of a conspiracy among the offenders can be clearly deduced or inferred from the manner they committed the ki
Jose, Domingo, and Manolo committed Robbery, while Fernando committed complex crime of Robbery with Rape. Conspiracy
 g of the son of the complainant allegedly done by the respondent military officers, the court granted the petition. May the military officers
r Article 135 of the Revised Penal Code; Criminal Law 1991

tion of Section 1 of RA. 1700 (the AntiSubversion Act) and for rebellion under Article 135 of the Revised Penal Code, as amended?
a writ of amparo only provides a relief; it does not establish a basis for a crime. Unless the writ was issued because of specific overt acts sh

of the watershed, I will hold the accused criminally liable not only for the newly cut logs in their possession but also for those found outsid

le penalty
hould (i.e that prescribed for the most serious crime and to be imposed in its maximum period). The rationale being, that the accused
still proceed.

f death and identity of the victim must be established beyond reasonable doubt.
s of the culprits, without the need of the body of Lyn being presented.
e will be entitled to the mitigating circumstance of not having intended to commit so grave a wrong as that which he committed.

ce (Art. 13, par. 3, RPC) when there is a notorious disparity between the act or means employed by the offender and the resulting felony, i
ercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with a

vested with blanket immunity from criminal suit (Minucher v. Hon. CA, G.R. No. 142396, 11 February 2003).

makes it a Philippine ship. The vessel being registered in Panama, the laws of Panama govern while it is in the high seas.
ed withParty
munist finality
of on
theJanuary 10, 1987
Philippines. and, thence
Reporma, thehigh-ranking
a former prescriptive member
period ofofthe
thecrime commenced
Communist Party,to run.
was From January
charged 10,new
under the 1987law
to for
Junehis18m
means “from something done afterwards.” It could also be a law which aggravates a crime, or makes it greater than when it was committe
mmitted. He merely took
ational Penitentiary advantage He
in Muntinlupa. of the situation
wants in killing
to make the prison
the State passenger. He should
a revenue befor
earner charged with murder
the country since
through there
a law was evident
providing for prempr
n or status. (Robinson vs. California).
ds: "That
al laws fromare
which 1 toprejudicial
30 January to1995,
the in the City
accused. of Pasig andofwithin
Rightsthe jurisdiction of this Honorable Court, theex
accused, being then emplo
nment (7%) and considerations of ethics and Under the(3%)?
morality Bill of the Constitution such is classified as an post facto law. It should
d. No felony shall be punishable by any penalty not prescribed by law prior to its commission.”

e instances where proof of motive is not essential or required to justify conviction of an accused? Give at least 3 instances. 5%
clause of the Constitution. It will create economic inequality in our criminal justice system. Rich prisoners will enjoy better amenities and
using
auseda by
particular meansmanifest
the accused's to bring about a desired
partiality, result.
evident Motive
bad faith, or isgross
not an element of
inexcusable a crime but
negligence, intent
which areis necessary
an element of intentional
elements of the crimes.
offense
mmitting an intentional felony although the consequent victim is different from that intended due to mistake of blow. This principle is base
ohibiting them for public good, and thus good faith or lack of criminal intent in doing the prohibited act is not a defense.
of perjury.
s rise to variant crimes and there is the need to determine the proper crime to be imputed to the offender.
der is involved; thus, good faith or lack of criminal intent on the part of the offender is a defense, unless the crime is the result of criminal
thecrimes.
nt basis of criminal liabilities is human free will, and the purpose of the penalty is retribution which must be proportional to the gravity o
4 SCRA 422 [1980]);
as held that
shment the omission
of impossible or failure
crime, juvenileofcircumstances,
election inspectors and poll clerks
are incorporated in to
ourinclude
Code. a voter's name in the registry list of voters is wrong per
ng to kill anyone. The owner of the house who was hiding thereat was hit and killed as a result.
hewhich impels
house, a person
Rustom to act
inquired forScott
from a definite
aboutresult. Intentwhereabouts,
his sister’s is an ingredient of dolo
while Robinorshouted
malice and
andthus an element
threatened ofScott.
to kill deliberate felonies;
The latter thenwhil
we
of, the robbery.
nolo Yabang suddenly
y negligence approached
or imprudence, them,
and also in aaimed
malumhis revolver ator
prohibitum, Sergio
if an whom he recognized
act is punishable as a wanted
by special law. killer and fatally shot the latter. W
ct is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or l
g at him,
sons. but Paolo
Terrified by theignored him.
incident, To prevent
Carol his carwho
and Benjamin fromarebeing carnapped,
passengers Carlos
of the bus,drew his gun,
jumped out ofaimed at the rear
the window andwheel
while of theunconscious
lying car and fire
er. When he left her house, he walked as if he was sleepwalking so much so that a teenage snatcher was able to grab his cellphone and fle
h. It was Rustom’s act of pulling Olive’s hand which caused the latter to fall on her baby. Had it not been for said act of Rustom, which is u
mped
liable
k, out
began of
to the
therefor
use bus? Explain.
although it may notagainst
be intended or differentoffrom what he intended.
iracy, as the actsabusive language
of the three the men.
were spontaneous andB, aone
reflexthe members
response of the crew,
to Yabang’s remonstrated
shooting of Sergio.saying
There that
was they could work
no concerted actbest
thatifwil
th
or accidental, as long as the killing was on occasion of the robbery
Paolocause
mate fromoftaking away his
the victim’s (Carlos')
death. Thecar
ruleisisneither donea with
that when dolobynor
person, culpa. The
a felonious actgenerates
act, does not in
constitute
the minda of
crime; it is aa sense
another reasonable exercise
of imminent
uch wrongful act was the proximate cause of said passengers’jumping out of the train; hence their deaths.
ct done be different from that which he intended.
ability shall be incurred by any person committing a felony although the wrongful act done be different from that which he intended. In U.
h created an immediate sense of danger in the minds of said passengers who tried to avoid or escape from it by jumping out of the train. (
g where he can get poison, he approached another classmate. Jerry to whom he disclosed his evil plan. Because he himself harbored resen
Pula a lesson and went to a veterinarian (Vet) to ask for poison on the pretext that he was going to kill a sick pet, when actually Puti was i
chool every day. Enrique wrote a ransom note demanding that Carla’s parents pay him P500,000.00 ransom in exchange for her liberty. H
They forged a pact in writing to commit suicide. The agreement was to shoot each other in the head which they did. Joan died. Due to me
went to a veterinarian and asked for some poison on the pretext that it would be used to kill a very sick, old dog. Actually, Charlie intende
g it. Would your answer to the first question be the same? [2%] (1998 Bar Question)
ndedforforthe 10 days?
watch, wallet and cellphone of ZZ is felonious, and such felonious act was the proximate cause of ZZ's jumping out of the jeepne
ertheless
ngwent
by, to felonious
a veterinarian
pointed to theandfour isand
the proximate
asked
culprits for
the somecause
room of XJoan's
poison
that on the death
occupied. pretext
The(Art.four
4, par.
that 1, RPC).
it would
culprits be Moreover,
used to
peppered the
thekillroom mere
a very
with act
sick, of dog.
old
bullets. giving assistance
Actually,
Unsatisfied, to a intende
Charlie
A even suicidea
threw
nly to Crimes against Persons and Crimes against Property under Titles 8 and 10 of the RPC, respectively. Kidnapping is a Crime against Per
nelland
ut ill and
having thuswas hospitalized
perpetrate murder,for ten (10)Pedro
afriend
crime days?
against persons. * Jun was not poisoned onlyparents
because the would-be killers were unaware that sent
whatth
ffrom
mixing
soning school.
him.a dinner,
Enrique
solution
OZ Lucas
pouredwithwroteand
aPula’s ahisransom
food
substance note
would
into YO’shavegained
demanding entry
beenthinking
coffee into
murder, the
P500.000.00
it awas
crimemasters'
from It
against
arsenic. bedroom
Carla's
persons.
turned with
out The the
thatin use
actexchange
was
the ofdone
a false
for
substance evilkey.
Carla's
intent
was freedom.
which
white sugar is Enrique
to kill Pula.
substitute Ho
kno
for ransom.
the box. Unknown
pitalized forOZ10poured to Lucas
days, the and committed
crime Pedro, the box wasisempty. Pedro Physical
took the box andItleft the anbedroom withcrime
Lucas.because
They were the shocked wheno
soning him. a substance into YO’sbycoffeePuti Less Serious
thinking it was arsenic.Injuries.It turned out is notthat the impossible
substance was white sugar last element
substitute kno
se who
ing his
by,isactfamiliar
of mixing
pointed with
to the
the the
four place.
powderculpritswiththe Brad's
room food
that was
X done with
occupied. The felonious
four intentpeppered
culprits and was the proximateroom with cause
bullets.ofUnsatisfied,
Brad's illness A for
even 10threw
days.
mpossibility
e with intent of its
to accomplishment
kill, would haveor on accountmurder
constituted of the employment
which is a crime of inadequate or ineffectual
against persons, had it means
not been (Art.
for4,the
par. 2, RPC).
employment of a m
h intent to kill, would have constituted murder which is a crime against persons, had it not been for the employment of a mean
ay Pula.
from school. Ella, being
Enrique the guide,
wrote a ransom directed her companions
note demanding to the room
* P500.000.00 in the house of Elsa. Whereupon, JP, Aries and Randal fired their guns
eactually,
his act of nomixing
felony is committed.
the powder with TheBrad's
accused foodis was
to bedonepunished for hisfrom
with felonious
Carla's parentsorinpropensity
criminal
intent tendency
exchange for
and was the proximate cause
Carla'sno
although freedom.
of Brad'scrime Enrique
was
illness committed.
for
sent
10 days.
th
g
ming where he
an act which can get poison,
would be he approached another classmate. Jerry to whom he disclosed his evil plan. Because he himself harbored resen
to the
ox wasCourt tothetakeofJulia's
Appeals, allan
jewelry. theoffense
accused
However,
against
ascribedpersons
it turned to
outthe
ortrial
to
property,
court the
be empty.
were soleit not
errorforofthe inherent
finding themimpossibility
guilty
the of
of its accomplishment
attempted murder. or on a
xplosive,
chool every hand
day. grenade.
Enrique Liability
wrote for an impossible crime beThe
is toCarla’s impossibility
imposed only of committing
ifhim
the act committed crime
would of
not theft is factual
constitute any orother
physical
crim
whoan
ming is act
familiar
which with
wouldthe be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or onHa
place. a ransom note demanding that parents pay P500,000.00 ransom in exchange for her liberty.
mployment ofofineffectual means which OZaccount
thoughtofwas thepoison. The law imputes criminal liability tomeans
the offender although no crime resulte
gmpossibility
where crimes
possible he can its
getaccomplishment
are poison, only
limited he approached
to actsor onwhich another
when classmate. employment
performed Jerry
would toof inadequate
whom
be or ineffectual
he disclosed
a crime against his evilor
persons plan. (Art. 4,he
Because
property. par. 2, RPC).
himself harbored resen
ay Pula.
mployment Ella, being the
of ineffectual guide,
means directed
whichPedroher companions
OZ thought to the room in the house of Elsa. Whereupon, JP, Aries and Randal fired their guns
ut having dinner, Lucas and his friend gainedwas entry poison.
into the Themasters'
law imputes bedroomcriminal
withliability
the usetoofthe offender
a false key. although no crime resulte
actually,
an “impossible no felony is committed.
crime" to commit The accusedThere
kidnapping. is to be is punished for his criminal
thus no impossible crime tendency
of kidnapping or propensity although no crime was committed.
the andbox.
thusUnknown
perpetrate to murder,
Lucas and a Pedro,
crime against
the box persons.
was Jun was
empty. Pedro nottook
poisoned
the boxonly
and because
left the the would-be
bedroom withkillers
Lucas.wereThey unaware
were that what
shocked whenth
uilty of impossible
xplosive, the hand crime under
grenade. Art. 4,
Liability par.
for an 2, RPC, in relation
impossible crime istotoArt. be 59, RPC. Liability
imposed only if theforactimpossible
committed crime arises
would notnot only
constitutewhen anythe imposs
other crim
uld your
nly to Crimes answer to the first question be the same? [2%]
against Persons and Crimes against Property under Titles 8 and 10 of the RPC, respectively. Kidnapping is a Crime against Per
mpted murder.
possible crimes are limited only to acts which when performed would be a crime against persons or property.
for ransom.
an “impossible
and thus perpetrate crime"murder,
to commit kidnapping.
a crime against There
persons. is thus
Jun nowasimpossible
not poisoned crimeonlyof because
kidnapping. the would-be killers were unaware that what th
ox was to take Julia's jewelry. However, it turned out to be empty. The impossibility of committing the crime of theft is factual or physical
uilty
tore'sofexit, impossible
however, crime
she under Art. 4, par.
was arrested by the2, RPC,
guard inafter
relation
beingto radioed
Art. 59, RPC. by theLiability for impossible
store personnel who crime
caughtarises
the actnotinonly
the when
store'sthe imposs
moving ca
strated
injuries coup
for d'etat
causing or
the frustrated
hospitalization rape? Explain.
and medical(2%) attendance for 10 days to Jun. Their act of mixing with the food eaten by Jun the matte
wear section. The saleslady was of the impression that she brought to the fitting room three (3) pieces of swimsuits of different colors. Whe
ending to kill Oscar, Delmo disguised himself as a nurse, entered the ICU, and saw a man lying on the hospital bed with several life-saving
ng from reckless imprudence; Criminal Law 1993
in her
ces. purse.the
Discuss Julia acquiredofcomplete
propriety the charge. control
(4%) of the bracelets after putting them in her purse; hence, the taking with intent to gain is comp
equired that all acts of execution that could produce the felony as a
ender
ive
tore's acquired
it away,
exit, however, exclusive
intending to sell
she control of the
wasit.arrested
Just then personal
by Ting, theproperty
the guard owner
after of being taken;
the radioed
being car, inbythis
arrived. case,
Failing
the storetowhenmake Sunshine
personnel whowore
Dodoy stop.
caughtthethe
Ting swimsuit
boarded
act in theunder
a taxi
store'sher moving
and blouse
pursuedan caD
dent section.
wear of the will The ofsaleslady
the offender. was of In the
the impression
said felonies, however,
that she broughtone cannot perform
to the fitting roomall the
threeacts (3)ofpieces
execution without of
of swimsuits consummating
different colors. the Whe
felo
cause the victim was different from the one premeditated against. Delmo has performed all the acts of execution that would produce the
ending to kill Oscar,
in her purse. Delmo disguised
Julia acquired complete himself as athenurse, entered theputting
ICU, and sawinahermanpurse;lying hence,
on the hospital bed with several life-saving
strated coup d'etat or frustrated rape?control
Explain. of(2%) bracelets after them the taking with intent to gain is comp
ender acquired
ces. Discuss
sulting theexclusive
from reckless propriety control
of the of
imprudence. the personal
charge. (4%) property being taken; in this case, when Sunshine wore the swimsuit under her blouse an

gh in thethat
equired Dinoallcase, it isexecution
acts of still frustrated because
that could therethe
produce is inabilityas
toadispose freely the object.
d, with the exception of those committed against personsfelony consequence
or property.” must have been performed by the offender but the felo
his house but the four chased and caught him. Thereafter, they tied Joe’s hands at his back and attacked him. Nestor used a knife; Jolan, a
ould produce the death of the victim but for reasons independent of the will of the perpetrator, the death of the victim was not accomplis
s) son the year previous. Vicente (father of Constancio) shouted at Constancio and his other son, Bien- venido, telling them to run away.

he
ercrimes
personsofor
rebellion and murder.
groups (spokes). The spoke typically interacts with the hub rather than with another spoke. In the event that the spoke shar

dspiracy
oame
olate
by wayto
place
the
commit as
two.commit
where
it.
rebellion
legitimate
Danilo, is aoperations
business
his wife, felony.
and threebetween
daughters manufacturer and wholesaler,
were living. While theninwholesaler
the four were the processand retailer, andDanilo’s
of ransacking then retailer
house,and con
Ferna
dditionally charged
en he inflicted with physical
the slight conspiracy to commit
injuries on therebellion.
aim of theSince they committed what they conspired, conspiracy will not be considered as a
victim.

the killing, demonstrating a common criminal purpose and intent. There being a conspiracy, the individual acts of each participant is not c
piracy can be inferred from the manner the offenders committed the robbery but the rape was committed by Fernando at a place “distant
on. May the military officers be criminally charged in court with enforced disappearance and extralegal killing? Explain fully. (3%)

Code, as amended?
use of specific overt acts shown to have been committed by the respondent military officers and such acts are crimes under penal laws, no

also for those found outside the gate. Circumstantial evidence proving that the accused and no other persons could have done the cutting

ale being, that the accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes ar

ich he committed.

r and the resulting felony, i.e., the resulting felony could not be reasonably anticipated or foreseen by the offender from the act or means
tigation in connection with any crime committed on board the ship during its passage except if the crime is of a kind to disturb the peace o

high seas.
anuary 10,new
under the 1987law
to for
Junehis18, 1994 is more
membership in than five (5) years.
the Communist Party when he was a student in the 80’s. He now challenges the charge against
than when it was committed, or which changes the punishment and inflicts a greater penalty than the law governing the crime when com
since
gh there
a law was evident
providing premeditation
for premium and intentfor
accommodations toprisoners
kill. (other than those under maximum security status) whose wives are allowed

accused,
ex being
post facto then
law. employed
It should in thethat
be noted Office of the
when Districtdecriminalized
Congress Engineer, Department
the crimeofofPublic Worksunder
subversion, and Highways and
R.A. 7637, in the discharge
it obliterated of his
the felony

3 instances. 5%
enjoy better amenities and privileges than those who are poor. Second, the bill will defeat the purpose of penalties in criminal law, which i
ment
sary of intentional
elements of the crimes.
offense charged, i.e., violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. The accused is employed in
blow. This principle is based on the rule in Article 4 of the Revised Penal Code, which provides that criminal liability shall be incurred by an
defense.

me is the result of criminal negligence. Correspondingly, modifying circumstances are considered in punishing the offender.
roportional to the gravity of the offense; and (b) the positivist theory, which considers man as a social being and his acts are attributable n
ry list of voters is wrong perse because it disenfranchises a voter of his right to vote. In this regard it is considered as malum in se. Since it i

ofScott.
ill deliberate felonies;
The latter thenwhile
wentmotive is notbut
downstairs an Rustom
elementheld
of a his
crime but only
(Scott’s) considered
waist. when
Meanwhile thethe
Olive, identity
elderof the offender
sister is in doubt.
of Scott, carrying her two-m
nd fatally shot the latter. Whereupon, Yoyong.Zoilo and Warlito ganged up on Yabang. Warlito, using his own pistol, shot and wounded Ya
gence, lack of foresight, or lack of skill (Article 3 of Revised Penal Code).
ar wheel
and while of theunconscious
lying car and fired. Thehitting
after shot blew the tire which
the pavement caused
of the road,the
werecarran
to over
veer and
out of controltoand
crushed collide
death by awith
fast an oncoming
moving Deserttricycle,
Fox buskilli
ta
o grab his cellphone and flee without being chased by Luis. At the next LRT station, he boarded one of the coaches bound for Baclaran. W
id act of Rustom, which is undoubtedly felonious (at least slight coercion) there was no cause for Olive to fall over her baby. In short, Rusto
at
as they could work
no concerted actbest
thatifwill
they were
lead to anot insulted.
common A took B's attitude as a display of insubordination and, rising in a rage, moved towards B
purpose.

e; it is aa sense
other reasonable exercisedanger,
of imminent of his right to prevent
prompting or repel
the latter an actual
to escape unlawful
from physical
or avoid invasion
such danger orinusurpation
and of his
the process, property
sustains pursuant
injuries to tA
or dies,

hat which he intended. In U.S. vs. Valdez, 41 Phil. 497, where the victim who was threatened by the accused with a knife, jumped into the
y jumping out of the train. (People vs. Arpa, 27 SCRA 1037; U.S. vs. Valdez, 41 Phil. 497)
e he himself harbored resentment towards Jun, Jerry gave Buddy a poison, which Buddy placed on Jun's food. However, Jun did not die be
et, when actually Puti was intending to poison Pula. The Vet instantly gave Puti a non-toxic solution which, when mixed with Pula’s food, d
exchange for her liberty. However, before the ransom note could be received by Carla’s parents, Enrique’s hideout was discovered by the
ey did. Joan died. Due to medical assistance, Francis survived. Is Francis criminally liable for the death of Joan? Explain. (5%)
og. Actually, Charlie intended to use the poison on Brad.

s jumping out of the jeepney, resulting in the latter's death. Stated otherwise, the death of ZZ was the direct, natural and logical conseque
iving
og. assistance
Actually,
Unsatisfied, to a intended
Charlie
A even suicideaishand
threw a crime
to use (Art.
the
grenade 253, on
poison
that RPC)Brad.
totally The veterinarian
destroyed X's room.mistakenly
However, gave Charlie
unknown to athe
non-toxic powder
four culprits, which,
X was not when
insidemixed
the ro
pping is a Crime against Personal Liberty and Security under Title 9, RPC. Second, even if the ransom note was not received by Carla’s pare
s were unaware that sent
whatthe
they mixednote
withbythemail.
foodHowever,
of Jun was powdered milk, not poison. In short,bythe act done with Enrique's
criminal intent by w
J
s. white
a's
tentfreedom.
which is Enrique
sugar to kill Pula.
substitute known ransom
However, the crime
as Equal. was not
Nothing tobefore
accomplished
happened thehe
ransom
because
YO after of the
drank note was received
employment
the coffee. Carla's
of ineffectual parents,
means, i.e., hideout
the solution tur
s.because
They werethe shocked
last whenofthey
element an assaw Nestorrequires
impossible in the house pointing
that the actYO a gun at them.
performed Nestor
shouldthe ordered athem
notcoffee.
constitute to stop
violation hand over
of another the box.ofPedro
provision the RP c
s white sugar substitute known Equal. Nothing happened to after he drank
fUnsatisfied,
Brad's illness for 10threw
days. aIt hand
cannot constitute attempted murder,X'salthough done with intenttotothekill, because
culprits,the means employed
4,the
par. 2, RPC).A even
employment
grenade that totally destroyed room. However,
of a means which, unknown to him, is ineffectual (Art.4, par. 2, RPC).
unknown four X was not inside the ro
employment of a means which, unknown to him, is ineffectual (Art.4, par. 2, RPC).
andfreedom.
a's Randal fired
Enriquetheirsent
gunstheatransom
her room.noteFortunately, Elsa wasbefore
by mail. However, not around as she note
the ransom attended a prayer meeting
was received by Carla'sthat evening
parents, in another
Enrique's baran
hideout w
h no crime
f Brad's was
illness committed.
for 10 days. It cannot constitute attempted murder, although done with intent to kill, because the means employed isinher
eitsheaccomplishment
himself harboredorresentment towards Jun, Jerry gave Buddy a poison, which Buddy placed
on account of the employment of inadequate or ineffectual means (Art. 4, par. 2, RPC).on Jun's food. However, Jun did not die be
mpted
fottheft murder.
is factual orother
physical since there
constitute any crime under theisRevised
no jewelry to steal
Penal inside
Code. the box.
Although the facts involved are parallel to thehideout
case ofwasIntod vs. Court by
of App
its accomplishment or onHowever,
exchange for her liberty. account ofbefore the ransom
the employment note
of could
inadequate be or
received by Carla’s
ineffectual meansparents,
(Art. 4, Enrique’s
par. 2, RPC). discovered the
r although no crime resulted, only to suppress his criminal propensity.
e4,hepar. 2, RPC).
himself harbored resentment towards Jun, Jerry gave Buddy a poison, which Buddy placed on Jun's food. However, Jun did not die be
and Randalno
r. although fired their
crime guns at only
resulted, her room. Fortunately,
to suppress Elsa was
his criminal not around
propensity as she
because attended ahe
subjectively, prayer meetingthough
is a criminal that evening in another
objectively, baran
no crime w
h no crime was committed.
s.were
They unaware
were that what
shocked when they
theymixed
saw with theinfood
Nestor of Junpointing
the house was powdered
a gunoratmilk,
them.notNestor
poison. In short,
ordered the to
actstop
done withover
criminal intent by Jec
sotnot only when
constitute anythe impossibility
other crime under is legal, but likewise
the Revised Penalwhen
Code.itAlthough
is factual thephysical impossibility,
facts involved asthem
are parallel in to
thethe
case hand
at
case bar.
of
the box.
Elsa’s
Intod vs.absence
Pedro
Court offrom
Appe
pping is a Crime against Personal Liberty and Security under Title 9, RPC. Second, even if the ransom note was not received by Carla’s pare

were unaware that what they mixed with the food of Jun was powdered milk, not poison. In short, the act done with criminal intent by Je
f theft is factual or physical since there is no jewelry to steal inside the box.
sact
notinonly
the when
store'sthe impossibility
moving camera.isIslegal, but likewise
the crime when it is
consummated, factual oror
frustrated, physical impossibility,
attempted? (5%) as in the case at bar. Elsa’s absence from
food eaten
uits of by Jun
different the matter
colors. Whenwhich required
she came out ofsuch
the medical attendance,
fitting room, committed
she returned with(2)
only two criminal
pieces intent, rendersrack.
to the clothes themThe
liable for thebecame
saleslady resultin
bed with several life-saving tubes attached to the body. Delmo disconnected the tubes and left. Later, the resident physician doing his roun
g with intent to gain is complete and thus the crime is consummated.
wimsuit
oarded under
act in thea taxi her moving
and
store's blouse
pursuedand pantsIs
Dodoy,
camera. and
who was
thein hison
crime her to
haste way out offrustrated,
escape,
consummated, the because
and store. With
orof evident
his intent
(5%) toviolently
inexperience,
attempted? gain the collided
taking constitutes theft full
with a jeepney andofbeing
pas
hout consummating
uits of the When
different colors. felony.she
Thecame
said out
felonies,
of thetherefore, do not
fitting room, she admit of the
returned frustrated
only stage.to the clothes rack. The saleslady became
two (2) pieces
on that would produce the death of the victim but for reasons independent of the will of the perpetrator, the death of the victim was not
bed with
g with several
intent life-saving
to gain tubesand
is complete attached to the
thus the body.
crime Delmo disconnected the tubes and left. Later, the resident physician doing his roun
is consummated.
wimsuit under her blouse and pants and was on her way out of the store. With evident intent to gain the taking constitutes theft and being

by the offender but the felony was not produced by reason of causes independent of the will of the offender. In the said felonies, however
Nestor used a knife; Jolan, a shovel; Arthur, his fists; and Reden, a piece of wood. After killing Joe, Reden ordered the digging of a grave to
he victim was not accomplished.
o, telling them to run away. When Bienvenido passed by Rafael Marco (brother of Simeon), Rafael stabbed him. Bienvenido parried the blo

e event that the spoke shares a common purpose to succeed, there is a single conspiracy. However, in the instances when each spoke is u

er, andDanilo’s
cking then retailer
house,and consumer
Fernando, (Estrada
noticing thatv.one
Sandiganbayan G.R. 138965,
of Danilo’s daughters was 26 February
trying to get 2002).
away, ran after her and finally caught up with her
will not be considered as an independent felony but as a manner of incurring criminal responsibility.

s of each participant is not considered because their liability is collective.

Fernando at a place “distant from the house” where the robbery was committed, not in the presence of the other conspirators. Hence, Fer
 ? Explain fully. (3%)

e crimes under penal laws, no criminal charge may be routinely filed just because the petition for the writ was granted.

ns could have done the cutting of the logs, such as the manner of cutting the logs, the area where they cut the logs they were carrying, and

rsity than when the crimes are committed by different acts and several criminal resolutions. (People v. Comadre, 431 SCRA 366, 384 [2004

ffender from the act or means employed by him.

a kind to disturb the peace of the country or the good order of the territorial sea. The vessel is still within the territorial waters of the Phi

hallenges the charge against him. What objections may he raise?

overning the crime when committed. A bill of attainder is a law which inflicts punishment on a named individual or a group of individuals w
atus) whose wives are allowed conjugal weekend visits, and for those who want long-term premium accommodations. For conjugal weeke

ays and
7637, in the discharge
it obliterated of his and
the felony official administrative
its effects functions,
upon Reporma. did then andcharging
Consequently there willfully
him now andunder
unlawfully work
the new lawfor
forand
his facilitate
previous the appro
member

nalties in criminal law, which is to secure justice, retribution, and reformation.

t. The accused is employed in the Office of the District Engineer of the DPWH, which has nothing to do with the determination and fixing o
iability shall be incurred by any person committing a felony (delito) although the wrongful act done be different from that which he intend

shing the offender.

and his acts are attributable not just to his will but to other forces of society. As such, punishment is not the solution, as he is not entirely t
ered as malum in se. Since it is punished under a special law (Sec. 101 and 103, Revised Election Code), it is considered malum prohibitum

he
er offender is in doubt.
of Scott, carrying her two-month old child, approached Rustom and Scott to pacify them. Olive attempted to remove Rustom’s hand fro
n pistol, shot and wounded Yabang.

with
fast an oncoming
moving Deserttricycle,
Fox buskilling
tailingthe
thetricycle driver.
Superlines Bus.
oaches bound for Baclaran. While seated, he happened to read a newspaper left on the seat and noticed that the headlines were about the
over her baby. In short, Rustom’s felonious act is the cause of the evil caused. Any person performing a felonious act is criminally liable fo
g in a rage, moved towards B wielding a big knife and threatening to stab B. At the instant when A was only a few feet from B, the latter, a

ness,
of his property
sustains pursuant
injuries to the
or dies, Art.person
429 of committing
the Civil Code.
the felonious act is responsible for such injuries or death.

with a knife, jumped into the river but because of the strong current or because he did not know how to swim, he drowned, the Supreme
. However, Jun did not die because, unknown to both Buddy and Jerry, the poison was actually powdered milk.
hen mixed with Pula’s food, did not kill Pula.
ideout was discovered by the police. Carla was rescued while Enrique was arrested. The prosecutor considered that the ransom note was
? Explain. (5%)

natural and logical consequence of XX’s felonious act which created an immediate sense of danger in the mind of ZZ who tried to avoid su
c powder
ulprits, which,
X was not when
insidemixed withand
the room Brad's food,was
nobody did hit
notorkillinjured
Brad. during the incident. Are A, B, C and liable for any crime? Explain. (3
s not received by Carla’s parents, the crime of kidnapping and serious illegal detention for ransom is already consummated. Under Article
done with Enrique's
criminal intent by was
Jerry and Buddy,bywould have constituted a crimewhile
against persons were it notand
for incarcerated.
the inherent inefficacy of the
als parents, hideout
means, i.e., the solution turneddiscovered the police.
out to be non-toxic whichCarla was
would rescued
not kill Pula. AndEnrique
said actwas arrested
would not fall under any otherConsidering
provision oftha
th
op hand over
of another the box.ofPedro
provision complied. It turned out that Nestor had just arrived in time to see Lucas and Pedro leaving masters' bedroom
the RPC.
ause the
ulprits, means
X was employed
not inside is inherently
the room and nobodyineffectual
was hit or to causeduring
injured deaththe
and the crime
incident. committed
Are A, B, C and Dmust
liablebe
fordirectly linked
any crime? to the (3%)
Explain. means(2

sthat evening
parents, in another
Enrique's barangay
hideout in Laurel. by the police. Carla was rescued while Enrique was arrested and incarcerated. Considering tha
was discovered
e the means employed isinherently ineffectual to cause death and the crime committed must be directly linked to the means employed, n
. However, Jun did not die because, unknown to both Buddy and Jerry, the poison was actually powdered milk
case ofwas
ideout Intod vs. Court by
discovered of Appeals (215
the police. SCRA
Carla 52).
was wherewhile
rescued it wasEnrique
ruled that
wasthe liabilityThe
arrested. of the offenderconsidered
prosecutor was for an that
impossible crime,note
the ransom no hand
was
).
. However, Jun did not die because, unknown to both Buddy and Jerry, the poison was actually powdered milk.
that evening
hough in another
objectively, barangay
no crime in Laurel.
was committed.

one
op withover
hand criminal intent
the box. by Jerry
Pedro and Buddy,
complied. would
Itisturned outhave
that constituted
Nestor had a crime
just against
arrived persons
in time to seewere it not
Lucas and for the leaving
Pedro inherent inefficacy
masters' of the
bedroom
ease
at bar.
of Elsa’s
Intod vs.absence
Court offrom the house
Appeals (215 SCRA a physical impossibility
52). where which
it was ruled that renders the
the liability crime
of the intended inherently
offender was for an incapable
impossibleofcrime,
accomplishme
no hand
s not received by Carla’s parents, the crime of kidnapping and serious illegal detention for ransom is already consummated. Under Article

one with criminal intent by Jerry and Buddy, would have constituted a crime against persons were it not for the inherent inefficacy of the

e at bar. Elsa’s absence from the house is a physical impossibility which renders the crime intended inherently incapable of accomplishme
ersrack.
es themTheliable for thebecame
saleslady resultingsuspicious
injury. and alerted the store detective. Sunshine was stopped by the detective before she could leave th
ident physician doing his rounds entered the ICU and, seeing the disconnected tubes, replaced them. The patient survived. It turned out t

ng
dedconstitutes theft full
with a jeepney andofbeing complete,
passengers. Theit jeepney
is consummated. It isand
overturned notwas
necessary that
wrecked. Onethepassenger
offender is
wasin akilled:
position
the to
legdispose of thepassenger
of the other property
es rack. The saleslady became suspicious and alerted the store detective. Sunshine was stopped by the detective before she could leave th
e death of the victim was not accomplished. Treachery qualifies the crime, because the means, manner and method of committing the inte
ident physician doing his rounds entered the ICU and, seeing the disconnected tubes, replaced them. The patient survived. It turned out t
ng constitutes theft and being complete, it is consummated. It is not necessary that the offender is in a position to dispose of the property

In the said felonies, however, one cannot perform all the acts of execution without consummating the felony. The said felonies, therefore
ered the digging of a grave to bury Joe’s lifeless body. Thereafter, the four (4) left together. Convicted for the killing of Joe,
m. Bienvenido parried the blow but fell down, his feet entangled with some vines. While Bienvenido was lying on the ground, Rafael conti

stances when each spoke is unconcerned with the success of the other spokes, there are multiple conspiracies.

and finally caught up with her in a thicket somewhat distant from the house. Fernando, before bringing back the daughter to the house, ra

other conspirators. Hence, Fernando alone should answer for the rape, rendering him liable for the special complex crime. [People vs. Card
 the writ was granted.

they cut the logs they were carrying, and other indications pointing to them as the culprits may be considered.

ple v. Comadre, 431 SCRA 366, 384 [2004}. However, Art. 48 shall be applied only when it would bring about the imposition of a penalty le

till within the territorial waters of the Philippines when the crime was committed since the killing happened a few moments after the vesse

med individual or a group of individuals without judicial trial.

um accommodations. For conjugal weekenders, he plans to rent out rooms with hotel-like amenities at rates equivalent to those charged b

nlawfully work
er the new lawfor
forand
hisfacilitate
previous the approval of
membership in B’s
theclaim for theParty
Communist payment of be
would theconstitutionality
price of his landimpermissible.
which the government had expropriated,

o do with the determination and fixing of the price of the land expropriated, and for which expropriated land the Government is legally ob
ne be different from that which he intended.

t is not the solution, as he is not entirely to be blamed; law and jurisprudence should not be the yardstick in the imposition of sanction, ins
Code), it is considered malum prohibitum.

attempted to remove Rustom’s hand from Scott’s waist. But Rustom pulled Olive’s hand causing her to fall over her baby. The baby then d

noticed that the headlines were about the sinking of the Super Ferry while on its way to Cebu. He went over the list of missing passengers
ming a felonious act is criminally liable for the direct, natural and logical consequence thereof although different from what he intended (A
A was only a few feet from B, the latter, apparently believing himself to be in great and immediate peril, threw himself into the water, disa

es or death.

how to swim, he drowned, the Supreme Court affirmed the conviction for homicide of the accused because, if a person against whom a cr
owdered milk.
or considered that the ransom note was never received by Carla’s parents and filed a case of “Impossible crime to commit kidnapping” ag

er in the mind of ZZ who tried to avoid such danger by jumping out of the jeepney (.People v. Arpat 27 SCRA 1037 [1969]).
nd liable for any crime? Explain. (3
m is already consummated. Under Article 267, RPC, Kidnapping for Ransom is committed “when the kidnapping or detention is for the purp
re it notand
rrested for incarcerated.
the inherent inefficacy of the means employed.
d not fall under any otherConsidering
provision ofthat the ransom
the RPC. note was not received by Carla’s parents, the investigating prosecutor merely filed
cas and Pedro leaving masters' bedroom with the box.
edDmust
nd liablebe
fordirectly linked
any crime? to the (3%)
Explain. means employed,
(2000 not to the intent. Liability for an impossible crime can only arise from a consumma
Bar Question)

rrested and incarcerated. Considering that the ransom note was not received by Carla’s parents, the investigating prosecutor merely filed
directly linked to the means employed, not to the intent. Liability for an impossible crime can only arise from a consummated act.
owdered milk
der was for an that
or considered impossible crime,note
the ransom no hand grenade
was never was used
received in saidparents
by Carla’s case, which constitutes
and filed a more
a case of seriouscrime
“Impossible crimeto
though different
commit from wh
kidnapping” ag
owdered milk.

ecas
it not
and for the leaving
Pedro inherent inefficacy
masters' of the means
bedroom with employed.
ed inherently
er was for an incapable
impossibleofcrime,
accomplishment. Tothe
no hand grenade
box. the accused of attempted murder would make Art. 4, par. 2 practically useless as a
convict
was used in said case, which constitutes a more serious crime though different from wha
m is already consummated. Under Article 267, RPC, Kidnapping for Ransom is committed “when the kidnapping or detention is for the purp

e it not for the inherent inefficacy of the means employed.

ed inherently incapable of accomplishment. To convict the accused of attempted murder would make Art. 4, par. 2 practically useless as a
y the detective before she could leave the store and brought to the office of the store manager. The detective and the manager searched
em. The patient survived. It turned out that the patient was Larry, as Oscar had been discharged from the hospital earlier.

s in akilled:
was position
the to
legdispose of thepassenger
of the other property. was crushed and had to be amputated. The car of Ting was damaged to the tune of P20.000.00.
y the detective before she could leave the store and brought to the office of the store manager. The detective and the manager searched
anner and method of committing the intended killing were consciously adopted to insure its execution without risk that may arise from th
em. The patient survived. It turned out that the patient was Larry, as Oscar had been discharged from the hospital earlier.
s in a position to dispose of the property.

ng the felony. The said felonies, therefore, do not admit of the frustrated stage.
cted for the killing of Joe,
ido was lying on the ground, Rafael continued to stab him, inflicting slight injuries on the shoulder of Bienvenido, after which Rafael stood

conspiracies.

inging back the daughter to the house, raped her first. Thereafter, the four carted away the belongings of Danilo and his family.

e special complex crime. [People vs. Cardurta et at, G.R. 108490. 22 June 1995)
 the imposition of a penalty lesser than the penalties imposable for all the component crimes if prosecuted separately instead of being co

a few moments after the vessel left the port of Manila. Murder committed by Ando disturbs the peace of the Philippines; hence, he could

equivalent to those charged by 4-star hotels; for long-term occupants, he is prepared to offer room and board with special meals in air co

overnment had expropriated, and after the claim was approved, the accused gave B only PI,000.00 of the approved claim ofP5,000.00and

d the Government is legally obligated to pay. There is no allegation in the Information that the land was overpriced or that the payment o

the imposition of sanction, instead the underlying reasons would be inquired into.

over her baby. The baby then died moments later.

the list of missing passengers who were presumed dead and came across the name of his grandfather who had raised him from childhood
rent from what he intended (Art. 4, par. 1. RPC: People vs. Pugay, et aL, GR No. 74324, Nov. 18, 1988).
ew himself into the water, disappeared beneath the surface, and drowned.

if a person against whom a criminal assault is directed believes himself to be in danger of death or great bodily harm and in order to escap
 me to commit kidnapping” against Enrique.

A 1037 [1969]).

ng or detention is for the purpose of extorting ransom from the victim or any other person.” To consummate the crime, it suffices that the
gating prosecutor merely filed a case of ’‘Impossible Crime to Commit Kidnapping" against Enrique. Is the prosecutor correct? Why? (3%) (

an only arise from a consummated act.

gating prosecutor merely filed a case of ’‘Impossible Crime to Commit Kidnapping" against Enrique. Is the prosecutor correct? Why? (3%)
m a consummated act.
rime though
me to different
commit from what
kidnapping” was
against intended.
Enrique.

, par.
me 2 practically
though useless
different from as all circumstances
what was intended. which prevented the consummation of the offense will be treated as an incident independe
ng or detention is for the purpose of extorting ransom from the victim or any other person.” To consummate the crime, it suffices that the

, par. 2 practically useless as all circumstances which prevented the consummation of the offense will be treated as an incident independe
ve and the manager searched her and found her wearing the third swimsuit under her blouse and pants. Was the theft of the swimsuit co
ospital earlier.

ed to the tune of P20.000.00.

ve and the manager searched her and found her wearing the third swimsuit under her blouse and pants. Was the theft of the swimsuit co
out risk that may arise from the defense the victim may make. Evident premeditation is absorbed in the treachery.
ospital earlier.

nido, after which Rafael stood up. At that moment, Dulcisimo Beltran (no relation to the Marco brothers), came out of nowhere and, tog

anilo and his family.

separately instead of being complexed.

e Philippines; hence, he could be prosecuted in Manila.

ard with special meals in air conditioned single occupancy rooms, at rates equivalent to those charged by 3-star hotels.

pproved claim ofP5,000.00and willfully and unlawfully appropriated for himself the balance of P4,000.00, thus causing undue injury to B an

rpriced or that the payment of the amount was disadvantageous to the Government. It appears that the charge was solely based on the a

had raised him from childhood after he was orphaned. He was shocked and his mind went blank for a few minutes, after which he ran amu

dily harm and in order to escape jumps into the water, impelled by the instinct of self-preservation, the assailant is responsible for the hom
e the crime, it suffices that the purpose is to extort ransom; it is not necessary that the ransom note be received or that ransom be paid.
osecutor correct? Why? (3%) (2000 Bar Question)

osecutor correct? Why? (3%)

ated as an incident independent of the actor’s will which is an element of attempted or frustrated felony (Intod vs. CA, 215 SCRA 52).
e the crime, it suffices that the purpose is to extort ransom; it is not necessary that the ransom note be received or that ransom be paid.

ated as an incident independent of the actor’s will which is an element of attempted or frustrated felony (Intod vs. CA, 215 SCRA 52).
as the theft of the swimsuit consummated, frustrated or attempted? Explain. (5%)

as the theft of the swimsuit consummated, frustrated or attempted? Explain. (5%)

came out of nowhere and, together with Simeon, stabbed Bienvenido. Both of them inflicted fatal wounds resulting in the death of the vic
star hotels.

us causing undue injury to B and the Government."

arge was solely based on the accused having followed up the payment for B's land which the Government has already appropriated, and t

inutes, after which he ran amuck and, using his balisong, started stabbing at the passengers who then scampered away, with three of them

ilant is responsible for the homicide in case death results by drowning.

ived or that ransom be paid.

tod vs. CA, 215 SCRA 52).

ived or that ransom be paid.

tod vs. CA, 215 SCRA 52).

esulting in the death of the victim.

as already appropriated, and that the accused eventually withheld for himself from the price of the said land, the amount of P4.000.00 for

pered away, with three of them jumping out of the train and landing on the road below. All the three passengers died later of their injurie
d, the amount of P4.000.00 for his services. No violation of Section 3(e) of the Anti-Graft and Corrupt Act appears. At most, the accused sh

ngers died later of their injuries at the hospital.

pears. At most, the accused should be merely charged administratively