1.

A group of 35 persons gathered together in Talisay city to commit robberies in Cebu and
Mandaue city. Pedro was one of those who attended the meeting. Pedro was carrying an
unlicensed firearm. What is the criminal liability of those who attended the meeting?
= No crime was committed by those who participated in the meeting. Only Pedro has
committed a crime. Pedro is not just guilty of the crime of illegal assembly as a leader. He
was also carrying an unlicensed firearm which makes him liable for illegal assembly as there
is presumption that the purpose of the meeting is to commit acts punishable under the
code. He is also considered a leader/organizer of the meeting. (Art. 146)

2. What about if there were 20 persons in the meeting armed with knives. While Pedro and
Juan were armed with unlicensed firearms. Then in the meeting, Carlos suddenly incited the
attendees to commit the crime of sedition and rebellion.
= All of the participants are liable for illegal assembly. However Pedro and Juan are liable as
leaders as they are carrying unlicensed firearms. Carlos is liable for illegal assembly and
inciting rebellion and sedition. Two crimes for Pedro.

3. Police master sergeant JDC, went inside the building of the HoR and arrested
Congressman Johnny Baltazar who was found guilty of the crime of Estafa punishable with
prison mayor. Is Police master sergeant JDC punishable by Art. 145?
= Erroneous (?) *should have been higher than prision correcional*, if law is in conflict with
Constitution, the Constitution will prevail. RPC does not prevail over Constitution.
Constitution says “HIGHER THAN PRISION CORRECIONAL”.

4. On the occasion of the death of a Mayor in Calbayo who was allegedly gunned down and
massacred because he was alleged to be involved in illegal drugs. The accused delivered a
speech criticizing the PNP. Saying “The policemen are abusive because they kill with
impunity… We must overthrow the present government by using violence against the PNP”.
He also suggested and incited rebellious conspiracies determined to stir up the people
against the police and disturb the peace of society.
= Crime is inciting to sedition. It was done in public and telling the public to take violence
towards the police. Although he mentioned conspiracies these are just done to stir up the
people. Sedition inflicts hate or revenge towards a public officer or employee. (Art. 142)

5. Pedro and Juan who belonged to the affluent families persuaded the…… to commit
sedition to the blah.
= No crime for proposal to commit sedition. (Atty. said the question too quick. Sorry.)

What if the ppl they talked to committed sedition? They will be liable as principal by
inducement in crime of sedition

6. In their meeting RM, Gene, Suga, Jiho, Jimin, V, and Jungkook agreed and decided that
they will burn the city hall building because they hate the mayor. However considering the
materials to burn were discovered the city hall was not set on fire.
= Crime is conspiracy to commit sedition. ???

7. More than 60 men took up arms and made a public uprising, and attacked the city of
Agusan and kidnapped the Mayor and the employees to prevent them from discharging
their functions.
= ???

What if only 10 men? – no public uprising bec only 10 men

= direct assault

8. Pedro, a member of the New Citizen’s Army, an association to commit the crime of
rebellion. He wasn’t able to attend the meeting because he was feeling sick one day. Is he
still liable criminally?
= Yes, he is liable for illegal association. The mere membership is considered a crime. There
is no need for an actual meeting or assembly to take place. The purpose of the association is
to commit the crime of rebellion. By being a member the penalty is lower as compared to
that of a founder or leader of said association.

9. If there were 60 persons but they didn’t commit any uprising but they went to the
municipal hall and intimidated the people working in the municipal hall just to prevent the
Mayor from performing his function. What is the crime present?
= Direct assault. There is no public uprising but there is force and intimidation used by the 60
persons in preventing the Mayor from discharging his duties.

1. Accused boxed police in the breast while police was arresting the accused
= no direct assault bec victim is a mere agent and not person in authority
2. Person in authority attached by accused bec of performance of his duty, 1 eye
blinded = direct assault w/ serious physical injuries

1. A was charged by rtc of crime of falsification of public doc. He benefited from it but
no proof that he did it. Was rtc correct in its ruling? = ppl v manansala. It is
presumed that one who is in possession of falsified doc and made use of it taking
advantage of it and profiting t, he is material author of it
2. A falsified register of birth but it’s not his duty. Liable under 171? = no bec tho he is
public officer, the falsification committed was upon an act, certificate or instrument
the issuance of which does not pertain to his office and therefore it was without
abuse of his office
3. Private individual falsified receipt counterfeiting signature of manager, w/ intent,
had no benefit and no damage was done yet. = ???
4. Falsified deed of sale before it was notarized = not public document
1. After 2 yrs, notarized it and used it for transfer of property = falsification of
public document
b. Falsified receipt = ???
c. Compare falsification of public v private doc = mere falsification is enough : aside
from falsification, prejudice to third person or intent to cause it is essential ; can be
complexed with other crimes if the act of falsification was the necessary means in
the commission of such like estafa theft or malversation : no complex crime of estafa
thru falsification of priv doc
d. False declaration in affidavit but sworn before someone with authority, falsified
matter was material matter, based on assumption that statement is correct = good
faith or lack of malice is a defense in perjury
e. Private individual falsified love letter to prove innocence, not in a judicial proceeding
= no element of damage???