Training and Convention Division University of the Philippines Law Center SUGGESTED ANSWERS TO THE 2022 MOCK BAR EXAMINATIONS IN. CRIMINAL LAW (Cycle 1) PART1 Define and distinguish: a. Recidivism and Quasi-recidivism (3 points) ANSWER: Recidivism is a and it exists when one who)/a@iielainie pd for one crime, shall have been embraced in the ol f the RPC [Rev. Pen. Code, art. 14]. In recidivism, the two crimes committed by the convict should be embraced in the same title of the Revised Penal Code, which means both are felonies. Being, a generic aggravating circumstance, recidivism may be offset by an ordinary mitigating circumstance. On the other hand, quasi-recidivism is « 5SSEGUSEGEOSUNGERGGAAES and itexists when a oa commits and is convicted of a felony after having been convicted by final judgment [Rev. Pen. Code, art 161] In quasi-recidivism, the two crimes; title of the Revised Penal Code and, in fact, the previous crime may be any crime, either a felony or offense, but the second crime must always be a felony. Being a special aggravating circumstance, it cannot be offset by an ordinary mitigating circumstance and the penalty will always be imposed in its maximum period. ‘b, Robbery and Theft (3 points) ANSWER: Robbery is committed by any person who, with shall take any personal property belonging to another, [iineaits/OFSAGTERES or of any person, GFUSinE) TORS [Rev. Pen. Code, art. 294] Theft, on the other hand, is committed by any person who, ‘with or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. [Rev. Pen. Code, art. 308] The main difference between robbery and theft is the manner of taking, In robbery, the taking is accomplished with violence against or intimidation of persons or force upon things. In theft, the taking is accomplished without violence against or intimidation of persons or force upon things but without the consent of the owner or possessor of the personal property. [Rev. Pen. Code, art. 294 and. 308] c. Kidnapping and Serious illegal detention and Forcible abduction (3 points) ANSWER: Kidnapping and Serious illegal detention is committed by a SESSNGRTEHIAI who illegally kidnaps or detains another or, in any other manner deprives the victim of his/her liberty, UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 1 of 13under any of the four circumstances: (1) the kidnapping or detention lasts for @) itis committed by Siantilaling public AUIHOHEY; (3) any upon the person kidnapped or detained or threats to kill him are made; or (4) the person kidnapped or detained is a fiifion Feitale) Gila PUbHe OHIREE. (Rev. Pen. Code, art, 267] On the other hand, Forcible abduction involves #HG]S (6d GOR Ga Wie le Gaince NCE GNGNEN TRWAIGGHIEAS. [Rev. Pen. Code, art. 342] In kidnapping, the victim may be a male or female, while in forcible abduction, the person abducted. must be a woman. In kidnapping, the gravamen of the olfense is the illegal deprivation of liberty of the victim. On the other hand, there must be lewd designs on the woman in forcible abduction. Abduction, being one of the ways which illegal detention, can be committed, specially qualified by lewd intention, the kidnapping of a woman without unchaste designs must be considered as illegal detention. [People v. Crisostomo, G.R. No. L-19084, 17 February 1923] 4d. Violation of domicile and Qualified trespass to dwelling (3 points) ANSWER: Violation of domicile is committed RURGHEERIS yA MAIGIAIGHAE GAVE any dwelling against the will ofthe owner thereot, ae papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being fequited tO1&AV6 the premises, shall #@Ai8E to do so. [Rev. Pen. Code, art. 129] On the other hand, qualified trespass to dwelling is committed by any BEWAISBBHOHA who shall enter the dwelling of another AgaiiSe the laHeHs\Will. [Rev. Pen. Code, art. 280] The offender in violation of domicile is a public officer acting under color of authority; in trespass to dwelling, the offender isa private person or public officer acting in a private capacity. There are three acts punished in violation of domicile, one of which is entering the domicile against the will of the owner; while in qualified tespass to dwelling, there is only one act which is punished and that is entering the dwelling of another against the latter's will. There are no absolutory causes in violation of domicile, while there are three absolutory causes in qualified trespass to dwelling. ¢. Reckless imprudence and Simple imprudence (3 points) ANSWER: Reckless imprudence consists in Gl from which imiatetial damage results by reason of ‘on the part of the person performing of ailing to perform such act, his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Simple imprudence consists in the displayed in those cases in which the Gagiage nor the [Rev. Pen. Code, art. 365] ‘The main difference therefore is whether the damage impending to be caused is immediate or not or the danger clearly manifest or not. If the damage impending to be caused is immediate or the danger clearly manifest and the accused failed to take precaution or to take the necessary action, it is UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 2 of 13considered as reckless imprudence. On the other hand, if the damage impending to be caused is not immediate or the danger not clearly manifest and the accused failed to take precaution in foreseeing them, it is simple imprudence. 1 What does civil liability arising from crime or delict include? Briefly discuss each of them. @ points) ANSWER: Civil liability arising irom crime includes the following: 1. Restitution - Restitution is {8 HSHuAES ENE!OWHEL of the property stolen or misappropriated. The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. [Rev. Pen. Code, art. 105] 2. Reparation ~ Reparation is {he payment OF Ehe|daifiagelto the owner whenever restitution of the thing itself is no longer possible. The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value jured party. [Rev. Pen. Code, art. 106] 3. Indeunification ~ Restitution and reparation are generally ordered in crimes against property. Indemnification 1s i eee Indemnification of consequential damages shall include not only those caused to the injured party, but also those suffered by his family or by a third person by reason of the crime. [Rev. Pen. Code, art. 107] m1 According to Article 100 of the Revised Penal Code, every person criminally liable for a felony is also civilly liable, Will the acquittal of the accused in a criminal case because his guilt has not been proved ‘beyond reasonable doubt result also to the extinction of the civil liability or action? (3 points) ANSWER: No, the acquittal of the accused in a criminal case Will/noi/Festilllin|the|EXUNEHION of the civil liability. APGEI@D9)of the Civil Code of the Philippines states that, when an accused in a criminal prosecution is acquitted on the ground that his guilt has not been proven beyond reasonable doubt, a civil action for damages for the same act or omission may be filed. Furthermore, Rulei13)Section2 (GERREIRGIESISACOUE also provides that the extinction of the criminal action does not result in the extinction of the corresponding civil action. The civil action based on delict may be deemed extinguished in the criminal action that {h8aeEOROMISSION from which the civil liability may arise UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 3 of 13PART2 IV Philippine Ambassador to Russia Pedro Asunto maltreated the embassy staff, Maria, inside the Philippine embassy in Moscow, Russia as the latter submitted a sub.standard and belated work report. In his rage, Amb. Asunto physically assaulted Maria and inflicted serious physical injuries on her. When Maria returned to the Philippines, she filed a criminal complaint against Amb. Asunto, who immediately filed a counter-affidavit arguing that he is absolutely immune from criminal Prosecution as a diplomat. Assuming that a criminal Information is filed against Amb. Asunto in court, can Philippine courts obtain jurisdiction over the case considering that the physical assault happened in Russia? (5 points) ANSWER: No, Philippine courts against the crime committed by Amb. Asunto. Under the Philippine courts may only obtain jurisdiction over crimes committed within its territory, except (1) when the crime is committed within a PHiippiié SRRPGHAUSNP; 2) when the crime involves ft gel) OF CounteHaibing of Philippine coins or currency, orany other obligations and securities issued by the Philippine government, as well as acts connected with the introduction of such obligations and securities into the Philippines; (3) fumetionirelated (Gifenses GP PUBLIC /OMACES; and (4) crimes against HAUONAL BCUHily or the law of nations. [Rev. Pen, Code, Art. 2] The crime was committed in a foreign territory and none of the exceptions apply to the physical assault committed by Amb. Astnto. Even if Amb. Asunto is a public officer, the physical assault against his staff cannot be considered to be related to his public functions. [Liang v. People of the Philippines, G.R. No, 125865, 28 January 2000)] Furthermore, in Reagan v, Commissioner on Internal Revenue, G.R. No. L-26379, 27 December 1969, the Supreme Court cited a commentary on International Law stating that not even the embassy premises of a foreign power are to be considered outside the territorial domain of the host state, “The ground occupied by an embassy is not in fact the territory of the foreign State to which the premises belong through possession or ownership. The lawfulness or unlawfulness of acts there committed is determined by the territorial sovereign. If an attaché commits an offense within the precincts of an embassy, his immunity from prosecution is not because he has not violated the local law, but rather for the reason that the individual is exempt from prosecution.” v ‘There were a series of robberies in the subdivision where Jose and his wife, Maria, were residing. One night, Jose was awakened at around 1:00 am by noise coming from their bathroom. Jose got his gun and went to the bathroom, He shouted, “Who is there?", but got no answer. He however saw a silhouette of a female person inside the bathroom, whose light was not tuned on. Jose shouted again and still got no answer. Suddenly, water was suddenly discharged from the bathroom shower which caused some noise and rattled Jose, who immediately shot the person inside the bathroom. The person turned out to be his wife, who died. During his trial, Jose invoked mistake of fact as a defense. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 4 of 13a. Will Jose's invocation of mistake of fact prosper? Why or why not? (3 points) ‘b, If you are the prosecutor and you decided to file an Information against Jose, for what crime will ‘you indict Jose? (3 points) ANSWER: a. NG, his invocation of mistake of fact will not prosper. In order for a defense of mistake of fact to prosper, the following requisites must be present: (1) that the acts done Would|have been lawful had (2) the of the accused in performing the act should be and (3) the mistake must be on the part of the accused. [U.S. v. Ah Chong, G.R. No. L-5272, March 19, 1910; Luis B. Reyes, The Revised Penal Code, Book One, Nineteenth Edition, 2017, p. 44] Here, the act would have not been lawful had the facts been as the accused believed them to be. There was no unlawful aggression on the part of Jose's wife that would justify self-defense, There being no unlawful aggression, Jose's act of shooting his wife is unlawful. Furthermore, there was fault or carelessness on the part of Jose as he could have exercised diligence in ascertaining the identity of the person inside the bathroom. b, I would file an Information for Paffigidé. All the elements of parricide are present: (1) a person was Killed; (2) the deceased was killed by the accused; and (3) the deceased is fie fatienamothel) OFehila), or a legitimate other ascendant or other descendant, or the of the accused, In this case, [688 KiIGG His Tepitimale Spouse. He deliberately killed the person inside the bathroom and could not be held liable for reckless imprudence resulting to homicide. [Rev. Pen. Code, Art. 246] VI Maria was suffering from battered woman syndrome, By reason thereof, she fired her gun several times and killed her husband, Obet, However, Raden, her 3-day-old illegitimate grandson was hit by astray bullet and also died. Is Maria criminally liable for the deaths of Obet and Raden? (5 points) ANSWER: Under RATNOI9262, battered woman syndrome is GSfenSellOEIlling the batterer by the battered wife. Hence, Maria is not liable for the death of Obet. Under the aberration ictus in relation of Article 4 of the Revised Penal Code, a person is criminally liable for committing a felony although the victim is different from that intended due to mistake of blow. The application of Aiticleiprestippasee hat thielaceused is|committing alfelony. However, killing husband under the circumstance of battered woman syndrome is not a felony contemplated in Article 4, Without the application of Article 4, Maria cannot be held liable for direct, logical and natural consequence of his act of killing her husband, and that is the death of Raden. The killing of Raden shall be considered as ‘ae In sum, Maria is exempt from criminal liability for killing Raden UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 5 of 13va Early in the moming, Malou was awakened by the smell of chemical on a piece of cloth pressed on her face by Chito. She struggled but she could not move. Chito was pinning her down on the bed, ‘holding her tightly. She wanted to scream for help but the hands covering her mouth with cloth wet with chemicals were very tight. Malou continued fighting off her attacker by kicking him until at last ‘her right hand got free. With this, the opportunity presented itself when she was able to grab hold of Chito’s sex organ which she then squeezed, causing Chito to release her from his grip. When Malou was able to free herself, Chito ran away. Malou charged Chito with attempted rape a, Will the case for attempted rape prosper? Why or why not? (3 points) b. Are preparatory acts punishable? (3 points) ANSWER: a. NG, the case for attempted rape will not prosper. In order to establish attempted rape, the prosecution must show that the accused’s should his criminal intent be carried to its complete termination would fipe into rape. The gauge in determining whether the crime of attempted rape had been committed is the commencement of the act of sexual intercourse. [Cruz v. People of the Philippines, G.R. No. 166441, 8 October 2014] In this case, Chito’s overt acts ~ pinning Malou down and pressing a cloth wet with chemicals on her face - dO not aiioUNtG thie comuniencement GF the ach oF sexual intereGUe. Thus, Chito cannot be held liable for attempted rape. In the case of Cruz v. People, with the same facts as in this case, the accused was convicted of [5 b. Preparatory acts are Pumishes!SuGh/aels. Under of the Revised Penal Code, only attempted, frustrated and consummated felonies are punishable. Conspiracy and proposal, which also constitute preparatory acts, are not punishable unless there is a law specifically punishing them, [Rev. Pen. Code, art. 8] For example, Article 115 of the RPC punishes conspiracy or proposal to commit treason and Article 136 of the RPC punishes conspiracy and proposal to commit insurrection, rebellion or coup d’etat. On the otherhand, Article 304 of the RPC punishes the possession of picklocks or other similar tools specially adopted to the commission of the crime of robbery. VIL Juan de Castro already had three (3) previous convictions by final judgment for theft when he was found guilty of robbery. In the last case, the trial judge considered against de Castro both recidivism and habitual delinquency in the imposition of the penalty for the last crime. The accused appealed and contended that, for his last conviction, the trial court cannot consider against him a finding of recidivism and again of habitual delinquency. Is the appeal meritorious? Explain. (5 points) ANSWER: ING, the appeal is not meritorious. A habitual delinquent is necessarily a recidivist and, | rem upon him, the aggravating circumstance of recidivism means that recidivism will be appreciated in the principal penalty for the last crime he UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 6 of 13committed. However, or he purpose STE ERTS BENG, ceidvism SAGUSETARE os an aggravating circumstance for the reason that it is inherent in habitual delinquency. [People v. Tolentino, G.R. No. L-48740, 5 August 1942] Xx While Pedro was serving his sentence for robbery, he killed his kakosa Jose due to a dispute and was convicted of homicide punishable by reclusion temporal. One ordinary mitigating circumstance, specifically of passion and obfuscation, was appreciated in his favor. Asjudge, what penalty will you impose on Pedro applying the rules on graduation of penalties and the Indeterminate Sentence Law? 6 points) ANSWER: | will impose on Pedro the filaiifitin (Hn Of HECIMSION LMIpOLal in its maximum period and a minis fetm of Priston mayer in any ofits periods, Pedro is a GWASiFGSUAVE as he committed the felony of homicide while serving his sentence for another crime. Quasi-recidivism is a special aggravating circumstance which requires that the penalty should be imposed always in its maximum period and it cannot be offset by a mitigating circumstance. Applying the Indeterminate Sentence Law, the minimum may be fixed anywhere within {hg/fill ange of the penalty inext lower to that prescribed by thelRPC for the offense, which is prision mayor. x Ms, Estrada was charged with the complex crime of Estafa through Falsification of Public Documents before the trial court. Prior to her arraignment, Ms. Estrada moved for the dismissal of the criminal case against her, pointing out that the private offended party is her biological father, and that such relationship is an absolutory cause under Article 332 of the Revised Penal Code. a. Explain the concept of complex crimes under the Revised Penal Code. (4 points) ‘b. Is Ms. Estrada's contention correct that there is an absolutory cause? Explain. (3 points) ANSWER: a. Complex crimes are defined in, crimes. The first is known as while the other is known as Ina complex crime, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. [Rev. Pen. Code, art. 48 and People v. Nelmida, G.R. No. 184500, 11 September 2012] f the Revised Penal Code. There are two kinds of complex Ina complex crime, although two or more crimes are actually committed, they constitute only in the eyes of the law as well as in the conscience of the offender. Hence, there is only for the commission of a complex crime. [People v. Gaffud, Ir, G.R. No. 168050, ‘September 19, 2008] UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 7 of 13‘The underlying philosophy of complex crimes in the Revised Penal Code, which follows the pro reo principle, is intended to favor the accused by imposing a single penalty irrespective of the crimes committed. The rationale being, that the accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes are committed by different acts and several criminal resolutions. [People v. Gatfud, Jr., G.R. No. 168050, September 19, 2008] b. She is iRGOHBEL The absolutory cause under ABGEIBS2 of the Revised Penal Code applies exclusively to the It G6@SHOEAppI¥ where any of the crimes mentioned under Article 332s. suchas theft through falsification or estafa through falsification. [Intestate Estate of Manolita Gonzales v. People of the Philippines, G.R. No. 181409, 11 February 2010] Here, Ms. Estrada was charged with the complex ctime of estafa through falsification, as such, the absolutory cause in Article 382 of the Revised Penal Code does not apply. XI An Information for rape through sexual intercourse was filed before the Regional Trial Court (“RIC”) against Juan. The Information alleged that Juan had sexual intercourse with AAA, her daughter and a minor, fifteen (15) years of age, through force, threat and intimidation. During the course of the trial, AAA testified that Juan kissed her lips, touched and mashed her breast, inserted the fourth finger of his left hand into her vagina, and made a push and pull movement into her vagina with such finger for several minutes. The RTC rendered a Decision finding Juan guilty of rape through sexual assault. a. Was the conviction forrape through sexual assault proper even though Juan was charged with rape through sexual intercourse in the Information? Explain. (6 points) b, Assuming that Juan cannot be convicted for rape under Article 266-A of the Revised Penal Code, may he be convicted of any other crime under the same Information? For what crime or crimes? (6 points) ANSWER: a. The conviction for rape through sexual assault was Hol proper because the RAPPIEABIE to this case. There are substantial distinctions between the the crime of rape through sexual assault is intercourse. ‘The Gléments GF tape through Sextallintenmoutse are: (1) that the offender is a man; (2) that the offender had carnal knowledge of a woman; and (3) that such act is accomplished by using force or intimidation. Rape by sexual intercourse is a crime committed by a man against a woman, and the central element is carnal knowledge. of rape. Hence, in rape through sexual UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 8 of 13On the other hand, the SISGTERISTSRESRSIPSSRUAUASSAWI are: (1) that the offender commits an act of sexual assault; (2) that the act of sexual assault is committed by inserting his penis into another person's mouth or anal orifice or by inserting any instrument or object into the genital or anal orifice of another person; and that the act of sexual assault is accomplished by using force or intimidation, among others. Here, the gravamen of the offense is not carnal knowledge, but sexual assault by inserting any instrument or object into the genital or anal orifice of another person. Because of the iiatetialldistinclions Lelwreeh is tivo moUesloFtape, the variance doctrine cannot be applied. [People of the Philippines v. Cacili, G.R. No. 196342, 8 August 2017) ‘b, Juan can be convicted of the Sfimne|Gflasdivious Conduct under Section 5(b) of R.A. No. 7610. The elements of sexual abuse under Section 5(b) of R.A. No. 7610 are alll present in this case, as the accused committed lascivious acts on the child, who was less than 18 years of age. [People of the Philippines v, Caoili, GR. No. 196342, 8 August 2017] XI ‘The residents of Tuguegarao, Cagayan were utterly frustrated and disappointed with the slow, if not absence, of government action to their plight due to the devastation caused by Typhoon Ulysses in November 2020. A number of residents were killed due to the intense flooding and no government response was visible; no search and rescue teams were deployed to the city by the national government. Days after the typhoon and the flooding, majority of the Tuguegarao residents were still submerged in water and left to tend to themselves. The national government did not give aid or support to Tuguegarao, Cagayan. Come April 2021, the Mayor of Tuguegarao, Cagayan called on his kababayans not to pay their national taxes to the Bureau of Internal Revenue since the national government did not help them during the typhoon devastation. He was charged with inciting to sedition. a. Will the charge for inciting to sedition prosper? (3 points) b, What is the difference between inciting to rebellion and inciting to sedition? (2 points) ANSWER: a. 868, the charge for inciting to sedition will prosper. The elements of the said crime are present in this case: (1) the offender (id WOMBKECieet parti Che Gime OF EMEC, (2) HEWETEAGINEE to the accomplishment of acts which constitute sedition, that is, preventing the execution of the law and preventing the national government from exercising its functions; and (3) the inciting was done By inieans of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending towards the same end. [Rev. Pen. Code, art 139] b, In inciting to rebellion, the offender SEs ROULARS!AHNS or is not in open hostility against the government, but HRGHESTGIBERS to the execution of any of the acts of rebellion, and the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Rev. Pen. Code, art. 138] Inciting to sedition may be done through ffiee/iMOdes, that is (1) MMN@|EHEH to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 9 of 13‘writings, emblems, ete.; (2) or speeches which tend to disturb the public peace; and (3) against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace. [Rev. Pen. Code, art. 142] XU Dennis and Margaret are spouses, with two children. After several years of marriage, Dennis left the Philippines to work in Singapore as a chef. While living in Singapore, Dennis stopped sending financial support to his wife and children, Eventually, Margaret found out that Dennis was already living with a Singaporean woman, causing mental and emotional anguish to Margaret. Margaret approached you for legal advice a. Margaret wants to file a criminal case for concubinage against Dennis. Will Philippine courts have jurisdiction over the said crime? Explain. (2.5 points) b. Suppose Margaret wants to file a case for psychological abuse under Republic Act No. 9262 or the Violence Against Women and Children Act (“VAWC”) against Dennis. Will Philippine courts have jurisdiction over the said crime? Explain, (2.5 points) ANSWER: a. NG, Philippine courts will not have jurisdiction over the crime. Following the (Mit@Halijynule, penal laws of the Philippines may only be enforced within Philippine territory. In this case, the f the crime, that is, cohabiting with a woman that is not his wife, was SOHiiHEd Thus, Philippine courts do not have jurisdiction over the crime. (Rev. Pen. Code, art 333) >. $& Philippine courts will have jurisdiction over the crime. Republic Act No. 9Blljor the Anti- Violence Against Women and Children Act punishes not marital infidelity per se but the ‘ausing mental or emotional suffering on the wife. Thus, the Miental/er in the commission of the offense. [AAA v. BBB, G.R. No. 212448, 11 January 2018] In this case, Margaret experienced the mental and emotional suffering within Philippine territory. As one of the essential elements of the crime (25a aT ERSAPREBEI, Philippine courts have jurisdiction over the crime. XIV A whistleblower revealed in a Senate investigation that there were rampant irregularities in the procurements made by PhilHealth officials to upgrade its information technology ("IT") system. The whistleblower revealed that Jiggy, a top official of PhilHealth, in connivance with private individuals, misappropriated in several instances public funds allocated for the IT upgrade within a period of one year. In the first few months, he misappropriated P20,000,000.00; on the fifth month of the project implementation, he misappropriated another P20,000,000.00; and before the end of the first year, he UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 10 of 13‘unlawfully took P60,000,000.00 from the project fund. The Ombudsman charged Jiggy and the private individuals involved with plunder. Inhis defense, Jiggy alleged that the Information states that he committed only one predicate crime, that of malversation of public funds. Thus, he cannot be indicted for plunder. a. Will Jiggy’s defense prosper? (3 points) b. Is the crime of plunder mala in se or mala prohibita? Explain. (2 points) ANSWER: a. NO, liggy’s defense will not prosper. REPUDHE|ACENG!7080 or the Plunder Law provides that to constitute the ctime of plunder, the perpetrator must amass, accumulate, or acquire {goHen wealth through a GonibiitatiGh or Seiies Of overt Or Criiital 4ElS called the predicate crimes. In Estrada v, Sandiganbayan, G.R. No. 148560, 19 November 2001, the Supreme Court clarified that the word “series” must be understood in its ordinary sense, which is the commission of the Samelact GR) EWO|AASEAREEor more. Thus, while he committed only one predicate crime, he repeatedly committed the same crime in three instances, which constitutes a series of acts. b. Plunder is a crime that Simaltiminsé. In Estrada v. Sandiganbayan, G.R. No. 148560, 19 November 2001, the Supreme Court held that the legislative declaration in R.A. No. 7659 that plunder is a implies that it is a malum in se. For when the acts punished are imhérentlyanmoral: they are mala in se and it does not mnatter that such acts are punished ina special law, especially since in the case of plunder the predicate crimes are mainly mala in se. xv How are the minimum and maximum terms for a crime punished under the Revised Penal Code determined pursuant to the Indeterminate Sentence Law? (5 points) ANSWER: In imposing a prison sentence for an offense punished by the Revised Penal Code, the court shall sentence the accused to an indeterminate sentence the laXiiluntlteHm of which shall be that which, in view of could be properly imp. Jer the rules of the said Code, and the hich shall be SHESGABAE by the Code for the offense. [Section 1, Indeterminate Sentence Law] XVI ‘William, along with his sixteen (16) year old brother, Harry, were arrested in a buy-bust operation. Harry tagged along in the car of William in Greenhills, San Juan and a policeman, who pretended to be a buyer, transacted with Harry. When the policeman gave the money, William asked Harry to get a package in the compartment, which Harry dutifully got and handed to William. William in turn give it to the policeman who thereafter introduced himself as a police officer and arrested both William and Harry. They were later charged with the sale of a dangerous drug under Section 5 of the Comprehensive Dangerous Drugs Act. The Regional Trial Court rendered a Decision finding both UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 11 of 13William and Harry guilty of the crimes charged. On appeal, Harry argued that, as a minor with age above 15 years old but below 18 years old, he is exempt from criminal liability. He further contended that the prosecution was not able to prove that he acted with discernment, as the only evidence against him was the poseur-buyer's testimony that he accompanied his brother during the sale of the drug and that he handed the drug to the poseur-buyer. a. Should Harry’ s conviction be affirmed? Why or why not? (25 points) +b, Suppose that Harry, instead of appealing his conviction by the trial court, immediately applied for probation. May he avail of the benefits of the probation law? Why or why not? (25%) ANSWER: a. NG, Harry’s conviction should not be affirmed. Under Article 12(3) of the Revised Penal Code, as amended by Republic/AtNO)9314, a minor over fifteen years and under eighteen year of age is exempt from criminal liability unless he acted with discernment. The law applies |6ven if’ Suchiminor is charged with a crime defined and penalized by a §pedialpental/law. For a minor at such an age to be criminally liable, the prosecution is burclened to prove beyond reasonable doubt that he acted with discernment. In the present case, the prosecution that Harry, who was sixteen (16) years of age when the crime charged was committed, [Jose v. People, G.R, No. 162052, 13 January 2005] b. N@, Harry cannot avail himself of the benefits of Presidential Decree No. 968, as amended, or the Section 24 of Republic Act No. 8165 or the Comprehensive Dangerous Drugs Act of 2002 provides that any person convicted for drug trailicking or pushing, regardless of the penalty imposed, In Padua v. People, G.R. No. 168546, 23 July 2008, the Supreme Court held that this disqualification in conflict with the law like Michael Padua who was only 17 years old when he committed the crime of sale of a dangerous drug. XVI Ricky, a gossip columnist in a tabloid, published a column stating that Nadine, a popular actress, was a scammer. The column was published both in print and on the online platform of the tabloid. a. Can Ricky be convicted of both libel and cyberlibel for the same column? Why or why not? (3 points) b. Annabelle shared Ricky’s column on her Facebook wall. May she be held criminally liable for cyberlibel? Explain. (2 points) ANSWER: a. No, Ricky enol Teese of bath ibe al eyetibe For the ae COLUM, Tv Dist Secretary of Justice, G.R. No, 203335, 11 February 2014, the Supreme Court ruled that ifthe published material on print, said to be libelous, is again posted online or vice versa, that identical materialleannot ‘be the subject of two separate libels. UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 12 of 13b. NG, she may not be held liable for cyberlibel. In Disini v. Secretary of Justice, GR. No. 203335, 11 February 2014, the Supreme Court declared as GREGASERIMGBAllthe crime of SGIRGUOREBSIGRS (GibeHlibal under the Cybercrime Prevention Act of 2012 and that merely sharing another's post will not constitute aiding or abetting cyberlibel, It [SHIH SH iii slkSEe= ieee CSE SARSINGHE that she may be held liable for cyberlibel. -NOTHING FOLLOWS- UP LAW TRAINING AND CONVENTION DIVISION | REVIEWEE COPY Page 13 of 13