CRIMINAL LAW 2

1. The S.S. Nagoya Maru was negotiating the sea route from Hongkong towards Manila,
and while still 300 miles from Aparri, Cagayan, its engines malfunctioned. The
Captain ordered the ship to stop for emergency repairs lasting for almost 15 hours.
Due to exhaustion, the officers and crew fell asleep. While the ship was anchored,
a motorboat manned by renegade Ybanags from Claveria, Cagayan, passed by and
took advantage of the situation. They cut the ship's engines and took away several
heavy crates of electrical equipment and loaded them in their motorboat. Then they
left hurriedly towards Aparri. At daybreak, the crew found that a robbery took place.
They radioed the Aparri Port Authorities resulting in the apprehension of the culprits.
a. What crime was committed? Explain. (5%)

b. Supposing that while the robbery was taking place, the culprits stabbed a member of
the crew while sleeping. What crime was committed? Explain. (5%)
2. What is the difference between violation of domicile and trespass to dwelling? (5%)
3. How is the crime of coup d'etat committed? [5%]
4. Supposing a public school teacher participated in a coup d'etat using an unlicensed
firearm. What crime or crimes did he commit? [5%]
5. VC, JG. GG and JG conspired to overthrow the Philippine Government. VG was
recognized as the titular head of the conspiracy. Several meetings were held and the plan
was finalized. JJ, bothered by his conscience, confessed to Father Abraham that he, VG,
JG and GG have conspired to over- throw the government. Father Abraham did not
report this information to the proper authorities. Did Father Abraham commit a crime? If
so, what crime was committed? What is his criminal liability? [5%]
6. Who are deemed to be persons in authority and agents of persons in authority? [5%]
7. A, a detention prisoner, was taken to a hospital for emergency medical treatment. His
followers, all of whom were armed, went to the hospital to take him away help him
escape. The prison guards, seeing that they were outnumbered and that resistance would
endanger the lives of other patients, deckled to allow the prisoner to be taken by his
followers. What What crime, if any, was committed by A's followers? Why? [5%]
8. Manny killed his wife under exceptional circumstances and was sentenced by the
Regional Trial Court of Dagupan City to suffer the penalty of destierro during which
he was not to enter the city.While serving sentence, Manny went to Dagupan City to
visit his mother. Later, he was arrested in Manila.
a. Did Manny commit any crime? [5%]
b. If so, where should he be prosecuted? [5%]
9. Pascual operated a rice thresher in Barangay Napnud where he resided. Renato, a resident
of the neighboring Barangay Guihaman, also operated a mobile rice thresher which he of-
ten brought to Barangay Napnud to thresh the palay of the farmers there. This was
bitterly resented by Pascual, one afternoon Pascual, and his two sons confronted Renato
and his men who were operating their mobile rice thresher along a feeder road in Napnud.
A heated argument ensued. A barangay captain who was fetched by one of Pascual's
men tried to appease Pascual and Renato to prevent a violent confrontation. However,
Pascual resented the intervention of the barangay captain and hacked him to death. What
crime was committed by Pascual? Discuss fully. [5%]

10. Defendant-appellant, while serving sentence for the crime of homicide, killed on Sabas
Aseo for which the CFI of Manila found him builty with the crime of murder, meting him
the penalty of death. On appeal to the Supreme Court, appellant contend that the CFI
erred in applying Article 160 (Quasi-recidivism) of the RPC as it is applicable only when
the new crime which was committed by a person already serving sentence is different
from the crime for which he is serving sentence. Is the defendant correct? [5%]
11. X was charged with falsification because in her certificate of candidacy for the position
of councilor she had ‘willfully and unlawfully’ made the false statement that she was
eligible to said office although she knew fully well that she was under 23 years old. Was
the charge proper? [5%]
12. On appeal, defendant-appellant questions the judgment rendered by the CFI of Manila finding him guilty of
evasion of service of sentence under Art. 157. Defendant maintains that Art. 157 apply only in cases of
imprisonment and not when the sentence imposed upon was “destierro,” as in his case. Is the defendant
correct? [5%]
13. Because of the approaching town fiesta in San Miguel, Bulacan, a dance was held in Barangay Carinias. A,
the Barangay Captain, was invited to deliver a speech to start the dance. While A was delivering his
speech, B, one of the guests, went to the middle of the dance floor making obscene dance movements,
brandishing a knife and challenging everyone present to a fight. A approached B and admonished him to
keep quiet and not to disturb the dance and peace of the occasion. B, instead of heeding the advice of A,
stabbed the latter at his back twice when A turned his back to proceed to the microphone to continue his
speech. A fell to the ground and died. At the time of the incident A was not armed. What crime was
committed? ([5%]
14. VC, JG, and GG conspired to overthrow the Philippine Government. VG was recognized as the titular head
of the conspiracy. Several meetings were held and the plan was finalized. JJ, bothered by his conscience,
confessed to Father Abraham that he, VG, JG and GG have conspired to overthrow the government. Father
Abraham did not report this information to the proper authorities. Did Father Abraham commit a crime? If
so, what crime was committed? What is his criminal liability? ([5%]
15. For the killing of Redempto Manatad, a policeman and who was then in the performance of his official
duties, accused Rodrigo Dasig, a self-confessed member of the sparrow unit, the liquidation squad of the
NPA, was found guilty of murder with direct assault. On appeal, he claims that he should be convicted at
most of simple rebellion and not murder with direct assault. Is the appeal meritorious? [10%]
16. A was charged with the crime of treason. In his defense, he asserts that he can no longer be prosecuted for
treason since he already lost his Filipino citizenship under paragraphs 3, 4, and 6 of the Commonwealth Act
No. 63, which provides that “…a Filipino may lose his citizenship by accepting commission in the military,
naval, or air service of a foreign country…” when he joined the Japanese armed forces. Is his defense
tenable? [5%]