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TITLE III.

1) Kidnapping. Under Article 267 of the Revised Penal Code any private individual who
shall kidnap or detain another was committed for the purpose of extorting ransom from
the victim, is liable under the said penal code. In this case, the Chinese merchant was
captured and was asked for ransom by the NPA. Thus, they are liable for kidnapping.

2) Not for rebellion, but for violating the Anti-Terror Law by being a conspirator. Under
Section 7 of R.A. 11479, any person who conspires with designated terrorist by the
authorities are liable under the law. In this case, NPA is a designated terrorist and any
aid made for them is classified as conspiracy for without the help of encashing the
check and delivery of the money the NPA cannot sustain its operations. Therefore, any
person who will help the NPA by check encashment and delivery of money is liable
under the law.

3) Yes. The crime of Rebellion with Murder and Multiple Frustrated Murder is charged to
all the conspirators of the act. In this case, Senator Enrile, although did not perpetrate
the other acts charged in the information— can still be liable of it if there is probable
cause on the part of the prosecutor to charge him with one.

4) Yes. Since there is no showing that the information charging Senator Enrile was filed
before the court. Under Section 5, Rule 112 of the Rules of Court the information must
first be filed before a competent court and that court shall personally determine the
evidence and witnesses of the prosecution before a writ shall be issued. In this case,
the strength of Senator Enrile’s detention is based on the information only. Therefore, it
is issued without the judge’s personal examination.

5) Treason is committed only when the Philippines is at war, and it is an infidelity to the
State during those times. Rebellion and Coup d’etat are committed even when the
Philippines is not at war. Rebellion is different to Coup d’etat because Coup d’etat is
committed only by military personnel.

6) No. Under Section 11, Article VI of the 1987 Constitution, A senator or member of the
house of representative shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the congress is in session. 

7) Association is legal. Illegal Assembly is illegal.

8) Physical Injuries. Since the crime was committed by private person to another private
person, the crime of Physical Injuries in general is committed depending effect
committed to the person which will vary if it is Serious to Slight Physical Injuries.

9) No. Because although the police officer is a person in authority. Under the law, a
direct assault is committed when such assault is committed when the police officer is in
the performance of its duties. Here, the police officers are merely in the station and was
fired. The arrest was already done.

10) Physical Injuries, since the judge is already retired and not anymore a person of
authority.

11) Direct Assault, because the mayor is still a person of authority.

12) Inciting to sedition. Under Article 142, any person who incites another that would
constitute sedition is liable. Here, the shouting of “Revolution is the answer” incites
another to prevent the national government from freely exercising its functions, because
a revolution does that.

13) No. Possession is not illegal, only creating or minting a coin is the one punishable.

14) Yes. Because the function of the Mayor is the execution of the ordinance and not
the creation of it. In modifying one of the ordinance’s clauses, the mayor is encroaching
on the legislative power of the council to make ordinance.

15) No, since it is not a sealed document.

16) Violation of the Graft and Corrupt Practices Act.

17) a) Public Document, — available to everyone b) Official Document— issued by


authorities, c) Letter of Exchange— correspondences and mails d) Commercial
Document- private documents used for business.

18) My father and me.

19) None, since the guess merely used the introduction for my impression. Under the
law, what is punishable is usurpation of authority with an act affecting another. Here,
nothing bad was done.

20) None, since the pretension does not affect another person which would constitute
as a crime.

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