STUDENT NUMBER: 2020104429

BULACAN STATE UNIVERSITY

COLLEGE OF LAW
City of Malolos

MIDTERM EXAMINATION IN
CRIMINAL LAW II
(Second (2nd) Half Intensive Period)
(Second (2nd) Semester; School Year 2021-2022)
(30 July 2022; 3:00-5:00pm)
(Prosecutor Imelda M. Mendoza)

INSTRUCTIONS

Encode your answers in the corresponding portions in this questionnaire. Answer the questions directly and
concisely. Do not repeat the questions. Make sure you do not insert your name or any extraneous note/s or distinctive
marking/s on this questionnaire that can serve as an identifying mark/s. After answering, send this questionnaire in
PDF format through e-mail at imelda.mendoza@bulsu.edu.ph ; Copy furnish: cyrelle.austria@bulsu.edu.ph

PART ONE (1)

I. ANSWER:

Denny and Jack are siblings. They inherited a parcel of land 1. Given the case at bar the Investigating Prosecutor was
from their deceased parents. When Jack went abroad, Denny correct in filing an information for the use of Falsified
prepared a deed of sale conveying in his favor full ownership of Document under the last paragraph of Article 172 of the
the inherited property. Then, he forged the signature of his Revised Penal Code because it punishes the use of
brother Jack. Afterwhich, he brought the deed of sale to Atty. falsified documents even if it’s commercial documents or
Leus and had it notarized. Denny then brought the document any public documents. In this case Denny prepared a
to the Municipal Assessor for the cancellation of the old tax deed of sale in his favor for the full ownership of the
declaration and issuance of a new one under his name only. land and he falsified that deed of sale.
Then he presented it with the Register of Deeds for annotation
at the back of the Transfer Certificate of Transfer on file with
the said office; and had the title over the said property
transferred under his name. When Jack initiated a complaint for
Falsification against Denny, the Investigating Prosecutor filed
an Information for Use of a Falsified Document under the last
paragraph of Article 172, of the Revised Penal Code. Is the
prosecutor correct? Discuss with reason. What are the two (2)
punishable acts mentioned in the said last paragraph of Article
172, ibid..
II. ANSWER:

Jack, through counsel, filed a Verified Motion for
Reconsideration claiming that Denny should instead be indicted
for Falsification of Public Document, because Denny forged
Jack’s signature; and that since he was in abroad at the time of
execution of the deed of sale, there is no way that he could
have affixed his signature thereon. Denny, through counsel,
ratiocinated that he cannot be indicted for Falsification of Public
Document since when he affixed the signature of his brother,
the deed was not yet notarized, and therefore, it is not yet a
public document. Discuss with reason. What are the manners
of committing the felony of Falsification of public, official or
commercial documents?
2. As to the case at bar the documents were notarized and
it is considered as official document and not public
documents, the falsification of public documents is
through falsification of documents which are of public
matters and forging the signature of the officials of the
government and using of falsified public documents,
while the falsification of official documents is committed
when a person use the falsified official documents in a
official business like in the use of falsified PSA birth
certificate which is hereby issued by government agency
and other transaction with the government, while in
falsification of commercial documents it is committed in

III.
Allan and Eva are live in partners since December 2018. Since
Eva is set to migrate in Canada in one (1) week’s time, the
partners executed an Affidavit of Cohabitation to exempt them
from the issuance of a marriage license, alleging among others
that they have been cohabiting as husband and wife for more
than five (5) years, or from May 2016. The Local Civil Registrar
discovered the untruthful narration of facts stated in their
affidavit and filed a complaint for Falsification of Public
Documents. The Investigating Prosecutor filed an Information
for Falsification under Article 171, paragraph 4, for “making
untruthful statements in a narration of facts,” against Allan and
Eva. Is the prosecutor correct? Discuss citing your legal bases.
What are the elements of this kind of Falsification under par. 4,
of Article 171, ibid.? If you are the counsel of Allan and Eva,
what legal arguments will you set up in order to downgrade the
crime charged? Cite your legal basis and the elements of the
downgraded felony.
IV.
Atty. Portugal is the Branch Clerk of Court of Branch 110,
Regional Trial Court of Pasay City. She altered the entries of
her court employees in their Daily Time Records to make it
appear that they were all present for the whole month of May.
She was charged for Falsification under Article 171. Her
defense is, since those were not her DTRs, she did not benefit
from the alterations made but the employees. If you are the
Investigating Prosecutor, will you dismiss the complaint?
a manner wherein a person falsified a private
documents like in notarized deeds, receipts and other
commercial documents and use it in transactions.
ANSWER:
3. Yes the prosecutor is correct as to the facts given, the
affidavit executed by Allan and Eva was discovered to
be untruthful narration of facts and it is punishable
under Art 171 of the RPC for making untruthful
statements.
The elements of Art 171 paragraph 4 is making
untruthful statements in the narration of facts to benefit
from it, and with intent to defraud another.
But as counsel of Allan and Eva, my legal arguments will
be that they were not in bad faith in executing the
statements that they were cohabiting for 5 years as
husband and wife and they both agreed in making such
statements, and that they were not previously charged
with an offense.
ANSWER:
4. Given the case at bar if I’m the Investigating
Prosecutor, I will dismissed the case because the Branch
Clerk of Court don’t have an intention to falsify the
documents in her own benefits, and that is one of the
elements of Art 171 that the falsification will benefitted
the person who did it. Taking advantage of official
position is means you make a move that will benefit you
Discuss citing your legal bases. What does “taking advantage
of official position” mean? Cite your legal basis.
V.
Maximo was convicted by final judgment of the crime of
Homicide. While serving his sentence, Maximo escaped. He
was tried and prosecuted for Evasion of Service of Sentence
under Article 157, of the Revised Penal Code. The prescribed
penalty for the new felony is prision correccional medium and
maximum periods. The Court in its Decision appreciated the
special aggravating circumstance of quasi recidivism and
imposes the maximum penalty of prision correccional maximum
as the maximum indeterminate penalty and the penalty of
prision correccional minimum as the minimum indeterminate
penalty, taking into account the provision under Article 160,
ibid., in imposing the maximum penalty prescribed for the new
felony. Is the Court correct? Is Maximo a quasi recidivist?
Why? Discuss citing your legal bases.
VI.
Ronaldo, the barangay captain of Lias, and Samuel, his
barangay tanod on duty, responded to a report that a fistfight
involving siblings Ed and Carlo, is ongoing. Upon reaching the
place of the altercation, the two (2) barangay officials
intervened and tried to pacify the siblings. Instead, the latter’s
ire turned on them and Ed threw punches at Ronaldo while
Carlo parried the hands of Samuel. Bystanders, Renato, came
to the aid of Ronaldo; and Ernesto, came to the aid of Samuel.
In the end, Ed and Carlo mauled the bystanders, respectively.
What are the crimes committed? Why and cite your legal
bases. Enumerate the elements of each of the crime
by using your position as a public official in an office or
government agency and use it so you can have
advantage.
ANSWER:
5. As to the case at bar the decision of the court in
imposing the maximum penalty prescribed for the new
felony is correct because under the rules of court quasi
recidivist is an special aggravating circumstances and
there is recidivism when a person was previously
sentence with grave offense and with less serious
offense, in here Maximo was convicted by final
judgment of the crime of homicide and then was
prosecuted for the second offense for Evasion of Service
of sentence which is a less grave offense.
ANSWER:
6. As to the case at bar Ed and Carlo committed the crime
of Direct Assault as they threw punches upon the 2
barangay officials who were on official duty doing their
functions as person in authority, and were there just to
pacify the siblings, and they also committed indirect
assault against Renato and Ernesto who came to aid
Ronald and Samuel, they also mauled the two by
stander who just came there to help the 2 barangay
officials. The elements of direct assault is when a person
assaulted a person in authority or a public official while
committed.
VII.
Bernardo, a leader of the League Filipino Students in FEU,
invited all his classmates and friends to immediately gather in
Plaza Miranda. After an hour, they all reached Quiapo, Manila
where Bernardo all of a sudden made an outcry uttering and
shouting scurrilous libels against the government and
demanding to postpone the oncoming elections. Is Bernardo
liable for Inciting to Sedition under Article 138, ibid.. Why?
Discuss with reasons. Distinguish Inciting to Sedition from
Tumultuous Disturbance and Illegal Assembly. Cite the
elements of each felony mentioned.
VIII.
PCpl Manlangit executed his Affidavit alleging among others
that he personally saw respondent Rodriguez put inside his
cabinet plastic sachets of shabu and bricks of dried marijuana,
when in truth, he does not have personal knowledge thereof.
He then filed a Petition for Search Warrant with the RTC of
Bulacan. The petition was granted and a Search Warrant
issued. PCpl Manlangit’s team then enforced the Search
Warrant. No illegal drugs were seized from Rodriguez’ house. A
Complaint against PCpl Manlangit for the complex crime of
Malicious Obtention of Search Warrant thru Perjury was filed
he is in performance of his public duty and the other is
indirect assault is committed when a person came into
an aid of a public officer or employee and the person
assaulted him.
ANSWER:
7. As to the case at bar Bernardo is not liable for sedition
because he doesn’t take arms against the government,
in sedition the person liable should make an assemble
and took arms against the government using force and
violence to utter some changes or to display some
disagreement to some parts of the government or
policies, while in this case the felony committed is
Tumultuous Disturbance which is committed by making
an assemble and making a sudden outcry or disturbance
in a public place, while Illegal Assembly is committed by
making an assembly in places which are prohibited, and
not obtaining a permit to proceed with a public
assemble.
ANSWER:
8. No, because the crime committed by PCpl Manlangit is
Art 129 which is the Search Warrant Maliciously Obtain
and the making of untruthful story is an essential
element in committing such crime and it will not fall
under Art 48 of the complex crime, because it is an
essential element of the commission of such crime.
before the Office of the Provincial Prosecutor, in as much as
the latter felony is the means of committing the offense under
Article 129. If you are the prosecutor, will you file an Information
for a complex crime under Article 48, ibid.? Why? Discuss citing
your legal bases. What are the elements of the crime of
Malicious Objection of Search Warrant under Article 129, ibid.?
IX.
What are the elements of Arbitrary Detention under Article 124,
of the Revised Penal Code?
Differentiate it with Kidnapping or Serious Illegal Detention and
Unlawful Arrest.
X.
Can an offender be charged with a complex crime of Estafa
through Falsification of a Private Document? Why? Discuss
with your legal bases.
PART TWO (2)
ANSWER:
9. The elements of Arbitrary Detention under Art 124 are
the person was arrested without a warrant by a public
officer, and detain a person illegally in a confinement
exceeding 12 hours for light offenses, 18 hours for less
grave and 36 hour for grave offenses.
Kidnapping is committed by any person by taking the person
on his custody in exchange of money or any proceeds that will
benefit the kidnapper, serious illegal detention is committed by
arresting a person without legal ground and detains him or put
him under his custody and it is committed by a private
individual, while Unlawful arrest is committed by a public
officer who arrested a person without legal grounds.
ANSWER:
10. Yes under the Revised Penal Code a person can be
charged of the complex crime of Estafa through
Falsification of a Private Documents by falsifying or
forging a document or an agreement under Art 171 of
the RPC.
Define the following: 1. Public Documents- Those documents which were of
1. Public Document governmental or public matters.
2. Official Document 2. Official Documents- Documents that were issued by
3. Commercial Document offices and agencies of the government for use in
4. Private Document official transactions.
5. Perjury 3. Commercial Documents are those for business and torts
6. Infringement which were issued for commercial transactions like
7. Unfair competition receipts, checks and others.
8. Trademark
4. Private documents are wills, deeds even if notarized is
9. Coup d’ tat
considered as private own documents.
10. Allegiance
5. Perjury- is the giving of false or untruthful testimony
under oath in a court.
6. Infringement-
7. Unfair competition- using of advantage in business by
fraud and other deceitful and fraudulent means.
8. Trademark- those were licensed trades or arts of a
business.
9. Coup d’ tat – taking arms against the government by
the military, police or with public officials to overthrow
the president.
10. Allegiance- it is the taking the oath of loyalty or
citizenship to a country.

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