AVELINO PAGANDIYAN; StudentID:

2005931

Strengths and Improvement Opportunities

Crim Review Section B Quiz Number 1 Finals
Course: LAW 413 Criminal Law Review ‡Instructor: Immanuel Awisan ‡11/08/2022‡Questions: 10
Rank = 6/29

My Score
(78/100)

QUESTION POINTS
CORRECT INCORRECT PARTIAL CREDIT

1 9/10
A: 1. No, the crime charged is not correct because Judge Bert has already retired from the Government service. it is well-
established that for a one to be liable for direct assault, the victim must be a in the the Governemnt service at the time the direct
assault was committed by reason of pastperformfance or while in the performance of duty. in the case at bar, Judge Bert was
directly attacked when he already retired from the judiciary. Thus, there is no direct assualt but murder, there being unlawful killing
of Bert by evident premidetation.
Grader Feedback: Should be a person in authority or an agent of a person in authority.

2 8/10
A: 2. Peter commited Robbery. There was unlawfull taking of another's property by means of violence against person with intent to
gain, thus, there was robbery. The use of the loose firearm in the case is absorb in the crime of robbery. Hence, in the case at bar
the use of the loose firearm is absorbed inthe fcommission of robbery.
Grader Feedback: The use of loose firearms is an aggravating circumstance.

3 5/10
A: 3. Yes. There was torture in the instant case because there was use of inhuman and cruel treatment in the course of
interrogation as when Lando was blind folded and tied which lasted for 15 hours for the purpose of illiciting confession. The act of
Sergeant cardo constiitute the crime of torture taking into consideration the acts which is unneccessary to custoddial interrogation,
considered as inhuman for puorposes of acquiring admission or confession from the suspect Lando. Thus, there was Torture.
Grader Feedback: Two crimes were committed. Arbitrary detention because the arrest was not a valid warrantless arrest. Violation
of the Anti-Torture Law.

4 10/10
A: 4. There was resistance to arrest not direct assault because the attacked was not serious in nature showing intent to defy the law
and the reprPesentative of the Government at all hazard. it is settled jurisprudence that for an attack to the agent of a person in
authority to be direct assault, it must be serious. Such being the case, the act of Betty is resistance to arrest because of her failure
to heed the order of Pitoy but instead kicked and slapped his chick.
Grader Feedback: N/A

5 5/10
A: 5. Ms. Yen Sto. Tomas committed dilivery of prisoner from jail, this is so because by means of deceit she was able to help a
detention from custody of Jail Officer Lito Jose. Being in the Hospital is considered as extension of the Jail for purposes of the
crime. Paolo on one hand committed delivery of prisoner or oneself from jail as that of Ms Tomas, there being conspiracy to commit
the crime. Paolo being a detention prisoner unlawfully by means of deceit delivers himself ffrom jail.
Grader Feedback: Yen is liable for delivering prisoners from jail under Art. 156 of the RPC. She helped in the escape of a person
confined in a penal establishment. Paolo is not liable for Evasion of Service of Sentence because he has not yet been convicted by
final judgment of a crime.

6 10/10
A: 6. No. it is settled that for one to be liable for falsification of private document, there must be damage to the offended party. in the
case, there was no damage because it will not change status or legitimacy of the child. Hence, no Falsification of private document
was committed.
Grader Feedback: N/A
 7 6/10
A: 7. There is falsification of public document. There was statement that the victim participated in an act of selling while in truth and
in fact it is not. The case at bar, Baldo made it appear that bart participated in the act of selling the land and having it notarized
constitutes falsification of public document.
Grader Feedback: Estafa through Falsification of a Public Document.

8 10/10
A: 8. No. The law presumes that the one in possession of a forged or falsified document is the author of the same. The case shows
that it is Anastacia who deposited the check thus, she is considered the author of forgery. The fact that she is not in actual
possession of the forged check at tjhe time of arrest is of no moment because it is she who used or deposited the same to the Bank.
Grader Feedback: N/A

9 5/10
A: 9. Marvin can be charged for illegal possession of explosives, althnough, there was no actual possession of the same but if
proven to be his act of planting the same. there was showing in the case that it was Marvin who planted the IED. Thus, he is liable
for illegal possession of explosiveve.
Grader Feedback: Two crimes were committed: 1. Rebellion 2. Terrorism

10 10/10
A: 10. Police Kefali must deliver Baldo to the competent authorities for filing of the neccessary charges within 36 hours from the
time of warrantless arrest, otherwise he will be liable for delay in the delivery of arrested persons to authorities. Kefali can also be
charge for Arbitrary dedtention if he detains the suspect without legal ground.
Grader Feedback: N/A

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