PHILIPPINE CHRISTIAN UNIVERSITY

COLLEGE OF LAW
SPECIAL PENAL LAWS
A.Y. 2023 – 2024

INSTRUCTIONS:
1. AS EXPLAINED, YOU WILL HAVE TWO HOURS TO FINISH THE EXAM. NO
REQUESTS FOR EXTENSION FOR TIME WILL BE GRANTED.
2. A GRACE PERIOD OF FIFTEEN (15) MINUTES WILL BE GIVEN FOR A FINAL
LOOK THROUGH AND THE CONVERSION OF THE DOCUMENT CONTAINING
YOUR ANSWER.
3. YOU MAY USE ANY FONT OR FONT SIZE, SO LONG AS IT IS READABLE.
4. YOU MAY INPUT YOUR ANSWERS ON THIS QUESTIONNAIRE, OR USE A
SEPARATE DOCUMENT. MAKE SURE THAT YOUR ANSWERS ARE PROPERLY
NUMBERED SHOULD YOU CHOOSE TO USE A SEPARATE DOCUMENT.
5. SUBMIT YOUR ANSWERS, IN PDF TO MY EMAIL ADDRESS,
karenfeliz@gmail.com.
6. THE FILE NAME OF YOUR ANSWERS SHOULD BE AS FOLLOWS:
PCUSPL2024_Midterms_Your Surname.pdf
(ex: PCUCivpro2023_Midterms_Supnad.pdf)
7. I DO NOT PRESCRIBE ANY FORMAT AS TO YOUR ANSWERS. ANSWER THE
QUESTIONS WHICHEVER WAY YOU CHOOSE, AS LONG AS YOU’RE ABLE TO
CONVEY YOUR INTENDED ANSWER. THAT BEING SAID, ANSWERS IN BULLET
POINTS, ALTHOUGH NOT DISALLOWED, IS HIGHLY DISCOURAGED.
8. ANY EXAM ANSWERS I RECEIVE BEYOND THE ALLOTTED TIME WILL NOT BE
CONSIDERED. ANY STUDENT WHO FAILS TO EMAIL THEIR ANSWERS WITHIN
THE TIME GIVEN WILL AUTOMATICALLY GET A SCORE 10 POINTS LESS THAN
THE LOWEST SCORE GARNERED IN THE MIDTERM EXAMS.

TIP: A VERBATIM ANSWER WILL NOT ALWAYS NECESSARILY MERIT FULL POINTS AND WILL GIVE
RISE TO A PRESUMPTION THAT THE ANSWER WAS MERELY COPY-PASTED AND MAY BE
CAUSE FOR POINT DEDUCTION. USE YOUR OWN WORDS AND TYPE YOUR ANSWERS BASED
ON HOW YOU UNDERSTAND THE CONCEPTS. ANSWERS DON’T HAVE TO BE LONG IN ORDER
TO BE COMPLETE.

GOOD LUCK!

ATTY. KAREN FELIZ G. SUPNAD

JOSELLE M. CORTEZ
STUDENT NO. 202240209

1.A. Provide the classifications and definitions of children under the

Juvenile Justice and Welfare Act of 2006. (5%)

-Under the Juvenile Justice and Welfare Act of 2006 children are
defined as those who are below 18 years old.

1.B. How is age determined under Sec. 7 and applicable

jurisprudence? (5%)

-Under Sec. 7, the age is determined in birth certificate, testimonies

of other person, the age written by the child in the information, or
the physical appearance of the child.

-In a jurisprudence, the testimonies of the minor’s relative is accepted

when lack of any contrary evidence showing such testimonies are not
true.

2.A. What are the objectives of the Indeterminate Sentence Law?

(5%)

Under a jurisprudence, the objective underlying Indeterminate

Sentence Law is to redeem valuable human material and to prevent
unnecessary deprivation of personal liberty and economic usefulness
with due regard to the protection of the social order.

2.B. Provide to the exceptions to the application of the Indeterminate

Sentence Law. (10%)

Under the Indeterminate Sentence Law, those who are convicted of

offenses punishable by death penalty or life imprisonment, treason,
conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition, espionage, piracy, habitual delinquents, escapees,
violators of conditional pardon, and those with a maximum term of
imprisonment not exceeding one year are the exception to the
application of the ISL.

3. What is the exception to the general rule that appeal forecloses

the privilege to apply for probation. Explain your answer. (10%)

Under a jurisprudence, the exception to the general rule that

forecloses the privilege to apply for probation is that when a
defendant has perfected the appeal from the judgment of conviction
in one case, then a new crime was convicted in the same case, it will
grant the offender to apply for probation as it is a new crime that is
decided.

For example, is when the accused is convicted with a crime of robbery

with homicide, he appealed to the Supreme Court, then the Supreme
Court’s Decision modified his crime to a theft with homicide, which
is a new crime on the same case.

Because the crime he was convicted is a new crime, the offender will
have the privilege to apply for probation as it is a new crime.

4. An Information was duly filed by the OPP-Zamboanga del Sur

against A, a sari-sari store owner, for selling and/or advertising
tobacco products within 100 meters of a public elementary school, in
violation of Municipal Ordinance No. 13-228-18. The penalty
prescribed by law is a fine ranging from P1,000 to P2,500.

A was found to be selling such products on 12 February 2023,

and a corresponding complaint was filed against him by concerned
parents on 14 September 2023 with the OPP-Zamboanga del Sur.
After the conduct of preliminary investigation, the provincial
prosecutor found the existence of probable cause to file an
Information.

The Resolution of the OPP-Zamboanga del Sur was dated 05

January 2024, while the Information dated 24 March 2024 was filed
with the court on 10 April 2024.
 Trial proceeded with both the State, through the public
prosecutor, and A, the accused, participating in every stage thereof.
It was duly proven by the prosecution that A did indeed live 79 meters
from the public elementary school, and had installed his small sari-
sari store at the front of his house. In his store, he sold various items,
including numerous tobacco products, for which he had
advertisements and posters plastered on his store front.

For his part, A argued that he was not aware of the aforesaid
Municipal Ordinance, and that even if he were, only the back of his
house was within 100 meters of the school. He claimed that if the
normal route of human traffic was to be used as a guide, his
storefront was more than 100 meters from the school.

Decide. (10%)

5. AAA was rescued by members of the NBI Cybercrime Division

after the latter received a tip of an online stream that featured the
former. In the stream, AAA was made to do what the viewers wished,
after paying a certain sum of cryptocurrency.

At the same time of the rescue, Z was arrested for being the
owner of the computer shop from where AAA’s video was being
streamed under the supervision of X, AAA’s teacher, who sometimes
joined the “show” upon the request of viewers, and committed sexual
acts upon AAA.

During trial, Z admitted to owning the computer shop, but

argued that: (a) he did not know that a “sex show” was being
streamed from his establishment since X and AAA were using a
“private room,” which was an extra bedroom in Z’s house, the living
area of which functioned as his computer shop, and (b) AAA is not a
minor.

For the prosecution, the following facts were established: (a) Z

was aware of the video being streamed, since his browser history
showed that he had been a viewer thereof; (b) AAA, upon being tested,
was proven to have the mental capabilities of a ten-year old child;
and (c) it was also discovered from the hard drive of Z that he was
sending out emails to various persons with the date and time of AAA’s
next “show,” and that he was taking a cut from the money paid by
the viewers thereof.

A. If you were the prosecutor, which crime or crimes will you

charge against Z, the computer shop owner? (10%)

The crime of promoting trafficking in person.

Under the Anti-trafficking in persons act, one of the acts that promote
trafficking in person is when a person knowingly leases or allow to
be used his establishment for the purpose of promoting such act.

In this case, base on the evidence provided Z is the owner of the

computer shop where the crime was committed, and he was aware of
the video being streamed, since his browser history showed that he
had been a viewer.

Therefore, Z can be charged with a crime of promoting trafficking in

person.

5.B. Which crime or crimes will you charge against X, the teacher of
AAA? (5%)

The crime of qualified trafficking in person.

Under the Anti-trafficking in person, trafficking in person is when the

offender engaged the victim in prostitution or pornography. And it
became qualified if the victim is a child, a child is a person who is 18
years old and below; or although above 18 years old who is unable to
fully protect themselves.

In this case, X trafficked AAA’s video by streaming under the his

supervision and sometimes joined the “show” upon the request of
viewers, and committed sexual acts upon AAA. AAA on the other
hand, is a child under the definition of child in Anti-trafficking in
person, which is although she is over 18 yrs old, her mental state is
only of 10 years old, that is to show that she cannot fully protect
herself from harm.

Therefore, X is convicted with a crime of qualified trafficking in

person.

5.C. Decide the case against both Z and X. (10%)

Z is guilty of a crime of promoting trafficking in person and X is guilty

of a crime of qualified trafficking in person.

Z is guilty of a crime of promoting trafficking in person.

Under the Anti-trafficking in persons act, one of the acts that promote
trafficking in person is when a person knowingly leases or allow to
be used his establishment for the purpose of promoting such act.

In this case, based on the evidence provided, Z is the owner of the

computer shop where the crime was committed, and he was aware of
the video being streamed, since his browser history showed that he
had been a viewer.

Therefore, Z can be charged with a crime of promoting trafficking in

person.

X is guilty of a crime of qualified trafficking in person.

Under the Anti-trafficking in person, trafficking in person is when the

offender engaged the victim in prostitution or pornography. And it
became qualified if the victim is a child, a child is a person who is 18
years old and below; or although above 18 years old who is unable to
fully protect themselves.

In this case, X trafficked AAA’s video by streaming under the his

supervision and sometimes joined the “show” upon the request of
viewers, and committed sexual acts upon AAA. AAA on the other
hand, is a child under the definition of child in Anti-trafficking in
person, which is although she is over 18 yrs old, her mental state is
only of 10 years old, that is to show that she cannot fully protect
herself from harm.

Therefore, X is convicted with a crime of qualified trafficking in

person.

6. What are the specific acts of violence punished by the VAWC

Law? Provide illustrative examples for each. (15%)

Under the VAWC Law, acts of violence are sexual violence, physical
violence, psychological violence and economic abuse.

In sexual violence, Anna, a wife of Troy was being forced to have

sexual intercourse by using a sadistic method, or act that is
humiliating for her.

In physical violence, Elsa is a wife of George. George always hit Elsa

when he is not in a good mood, or sometimes when Elsa is not
around, he will hit his children, which caused their body injured.

In psychological violence, Tina discovered that her husband Tim have

a paramour. This infidelity caused emotional anguish to Tina.

In economic abuse, Warren who is a jealous man, prevented Gina to

work in her profession and threatened her that if she tries to work
outside, he will not give any financial support to her and their
children.

7. A, the Head of the Accounting Department of XXX Company,

had the habit of inviting his young female employees into his office
behind closed doors during office breaks. There had been rumors of
what was happening during these private meetings, but nothing
concrete had been reported to the HR department of the company.

B, a new intern working as part of the on the job training

requirement of her course, was invited on one of these meetings.
 During the “meeting”, A told B that the only reason why she was
accepted as an intern was because A was friends with B’s teacher
and that the latter recommended her because of her stellar skills. In
no uncertain terms, A told B that if she wished to get a good
evaluation result from him, she had better do as she was told without
any backtalk.

Very calmly, B rose from her seat and told A that she was there
only for the purpose of completing her requirements and that she
would not be doing any task that was not included in or incidental to
her intern position. A answered by threatening B that she will fail her
internship.

Shaken, A reported the incident to HR, and with the help of the
HR Officer, reported the same to the women’s desk in the police
precinct.

After due course, an Information was filed against A. During

trial, A argued that if anything, there was only an attempt at sexual
harassment, since no actual sexual favors were given. Decide and
give your reasoning. (10%)

A’s argument of attempt at sexual harassment is not granted.

Under the Safe spaces act, the crime of gender-based sexual

harassment in the workplace include a conduct that is unwelcome
and pervasive and creates an intimidating, hostile or humiliating
environment for the recipient.

In this case A told B that if she wished to get a good evaluation

result from him, she had better do as she was told without any
backtalk, and when B said that she would not be doing any task that
was not included in or incidental to her intern position. A answered
by threatening B that she will fail her internship.

A creates an intimidating environment to B when he used his

position by threatening B of failing her internship, although there is
no request of sexual favors, the act of A created an intimidating and
humiliating environment to B.
 Therefore, A’s argument of attempt at sexual harassment is
granted.

7.B. If you were the prosecutor, what crimes would you include in
the Information based on the facts given? (5%)

The crime of gender-based sexual harassment.

Under the safe spaces act, the crime of gender-based sexual

harassment in the workplace include a conduct that is unwelcome
and pervasive and creates an intimidating, hostile or humiliating
environment for the recipient.

A creates an intimidating environment to B when he used his

position by threatening B of failing her internship, although there is
no request of sexual favors, the act of A created an intimidating and
humiliating environment to B.

Therefore, A committed a crime of gender-based sexual

harassment.

BONUS QUESTION: What does “under circumstances in which a

person has a reasonable expectation of privacy” mean, in the context
of the Anti-Photo Voyeurism Act of 2009. (10 points)

"Under circumstances in which a person has a reasonable

expectation of privacy" in Anti-Photo Voyeurism Act of 2009 means
that the victim believed that no one can see her private parts even if
she is in public places, or she/he believed that her/his private part
was blurred or not captured in the photo or image or that she/he has
no knowledge that she/he was being photographed while undressing.
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