Jessica O.

Fernandez

1. Answer:

1. Generality
2. Territoriality
3. Prospectivity

The exceptions of the application under the labor of law the Philippine ship or airship must be
duly registered under the Philippine law. Such vessel beyond the maritime zone is considered
as extension of the Philippine national territory of a foreign country when the crime is
committed the laws of the country will apply as a rule.

2.

a) Is the contention of both accused correct? Explain.

b) Assuming that the attempted or frustrated stage of the violation charged is not
punishable, may the accused be nevertheless convicted for an offense punished by the
Revised Penal Code under the facts of the case? Explain.

Answer:

A. Yes, the contention of the accused that the crime was not consummated incorrect.
R.A. 3019 is a special law punishing acts mala prohibita. As a rule, attempted
violation of a special law is not punished. Actual injury is required

B.) Yes, both are liable for attempted estafa thru falsification of commercial defraud
the government with the use of false commercial and public documents. As to the
degree of accomplishment of the crime. In crimes punished under the revised penal
code, the degree of accomplishment of the crime is taken into account in punishing
the offender. As to degree of accomplishment of the crime

In crimes punished under the criminal law, the degree of accomplishment of the crime
is considered in punishing the offender; thus, there are attempted, frustrated, and
consummated stages in the commission of the crime. In crimes punished under
special laws, the act gives rise to a crime only when it is consummated; there are no
attempted or frustrated stages, unless the special law expressly penalize the mere
attempt or frustration of the crime.
 3. Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty
of possession of equipment, instrument, apparatus and other paraphernalia for dangerous
drugs under Section 12 of Republic Act No.9165.

Matt filed a petition for probation. Jeff appealed his conviction during the pendency
of which he also filed a petition for probation.

The brothers’ counsel argued that they being first time offenders, their petitions for
probation should be granted. How would you resolve the brothers’ petitions for
probation? Explain.

Answer: No, he is not eligible. The law is patently clear: “no application for
probation shall be entertained or granted if the defendant has perfected the appeal
from the judgment of conviction.

4. A convict serving sentence for robbery escaped from the penitentiary and killed a rival
gang member. Found guilty of homicide, he was given a straight prison term. He moved
for reconsideration, contending that not being a habitual delinquent, he was entitled to an
indeterminate sentence.

Answer:

Criminal law provides, inter alia, that when the offenses The circumstance of band is therefore
qualifying only in robbery punished of criminal law Consequently, is inapplicable to robbery
with homicide, rape, intentional mutilation, and lesions graves resulting in insanity, imbecility,
impotency or blindness. If the foregoing classes of robbery which are described are perpetrated
by a band, they would not be punishable under would be a generic aggravating under Art. 14 of
the there is no crime as "robbery with homicide in band." If robbery with homicide is committed
by a band, the indictable offense would still but the element of band, as stated above, would be
appreciated as an ordinary aggravating circumstance
5. Boyet Mar was charged with consented abduction by a 17-year old complainant. The
accused made wedding arrangements with the girl, but her parents insisted on the
prosecution of the case. To avoid further embarrassment of a court trial for him and the
girl, the accused entered a plea of guilty. He then filed a petition for probation before
serving sentence, but the court denied the petition on the ground that "it would be better
for the accused to serve sentence so that he would reform himself and avoid the scandal
in the community that would be caused by the grant of the petition."
The accused served sentence but he brought the matter to the Supreme Court in a
petition for certiorari.