Dandy and Gregorio are officers of Alpha Phi Omega (APO) Fraternity.

They were
convicted by the Regional Trial Court (RTC) of Calamba City for the crime of
violation of Section 4 of R.A. 8049 or the Anti- Hazing Law. The Office of the
City
Prosecution of Calamba, Laguna alleged that Dandy and Gregorio, during the
initiation rites of APO Fraternity willfully, unlawfully, and feloniously assaulted
Marlon, a neophyte, as admission to the fraternity. Dungo and Sibal were con-
victed
based on their presence in the venue of the hazing, and their act of bringing the
victim Marlon to Villa Novaliches Resort for the final initiation rites. On appeal,
Dungo and Sibal sought to reverse the RTC ruling and argued that they cannot be
convicted of the crime charged because their intent in committing the crime was
not proved.

A. Distinguish crimes mala in se from crimes mala prohibita (10pts)

B. Rule on Dungo’s and Sibal’s argument. (10 pts)

A.To distinguish the crime from mala in se from mala prohibita it is therefore
important to know their distinct characteristic, crimes referring to mala in se
are those defined and penalized by the revised penal code, felonies which are
inherently immoral are also mala in se even if they are punished by special
laws.There are also crimes in R.P.C which were originally defined and penal-
ized by special laws such as, opium, malversation, brigandage, and libel. in
acts mala in se, the intent governs. mala prohibitaon the other hand refers
generally to acts made criminal by special laws, these are not inherently
wrongful or immoral but were considered crimes due to specific law crimi-
nalizing it.

B. Dungo and Sibal’s contention is without merit.

Jurisprudence provide; It is sufficient that prohibited act is done freely and

consciously, provided that it is established that the accused had the volition or
intent to commit the prohibited act.

Here, R.A 8049 is the act intentionally violated by the accused, Dungo and
Sibals’ participation in the commission of the felony is when they agreed or
conspired with the other accused to bring the victim to the venue of initiation
rites. in mala prohibita when it is established that the accused had the intent
in violating the prohibited act, they will be charge of criminal offense in rela-
tion to their participation of the felony.
Therefore, with the clear intent of violating R.A 8049, Dungo and Sibal
should be convicted of the crime charge against them.

II.
AAA and BBB were married in August 2016 in Quezon City. Their union pro-
duced
two children. In May 2007, BBB started working in Singapore as a chef. While in
Singapore, BBB had an illicit relationship with a certain Lisel Mok with whom he
allegedly has been living in Singapore. AAA and BBB had a violent altercation at
a
hotel room in Singapore during AAA’s visit with their kids. Upon BBB’s return to
the Philippines, AAA filed a complaint against BBB with the City Prosecution of
Pasig City where AAA resides for violation of Section 5 (i) of Republic Act 9262
or
the Anti-Violence Against Women and Their Children Act of 2004. An Informa-
tion
was subsequently filed with the RTC of Pasig City. BBB argued that the trial court
has no jurisdiction over the offense.
A. What are the characteristics of Criminal Law? (10 pts)
B. Rule on BBB’s argument. (10 pts)

A. There are three main characteristic of criminal law which are the follow-
ing, General, Territorial and Prospective. Criminal law in its general
characteristic binds on all person who live or sojourn in Philippine terri-
tory, with exception on some treaties or treaty stipulation, while in territo-
rial characteristic , criminal law undertake to punish crimes committed
within the Philippine territory, it means that as a rule, penal laws of the
Philippines are enforceable only within Philippine archipelago, including
its atmosphere, its interior waters and maritime zone. there are exceptions
to the territorial application of criminal law, such as, when a person
should commit an offense while on Philippine ship or airship, forging or
counterfeiting any coin or currency not of the Philippines or obligations
and securities issued by Philippine Government, should be liable for acts
connected with the introduction into the Philipines of the obligation and
securities mentioned in the preceding number, or while being public offi-
cers or employees , should commit an offense in the exercise of their func-
tion; or should commit any of the crimes against nation al security and the
law of the nations, define in Title One Book Two of the R.P.C.,.lastly, the
 prospective characteristic, as general rule, penal laws have no retroactive
application except when it is favorable to the accused, the penal law may
have its retroactive effect. but this exception is not applicable when the
new law is expressly made inapplicable to pending actions or existing
causes of action, another exception is when the offender is a habitual
criminal under rule 5, article 62 of the revised penal code (R.P.C)

B. The contention of BBB is without merit.

Republic Act 9262, sec. 7 provides; Venue- The regional trial court desig-
nated as family court shall have the original and exclusive jurisdiction over
cases of violence against women and their children under this law. In the ab-
sence of such court in the place where the offense was committed, the case
shall be filed in the Regional Trial Court where the crime or any of its ele-
ments was committed at the option of the complainant.

In this case, although the infidelity of BBB and the altercation that happened
between him and AAA is in Singapore, as a result AAA had suffered emo-
tional abused.( sec 5. i) where the violation of emotional abused has is not lim-
ited to a certain specific place, in addition, Pasig City is where AAA is resid-
ing, as the act provided “shall be filed in the Regional Trial Court where
crime or any of its elements was committed at the option of the
complainant.”therefore AAA has the option to file the case at the said court
since it has jurisdiction over her as principle of territoriality of criminal law.

Therefore, RTC Pasig City has jurisdiction over the case filed against BBB in
violation or R.A 9262 sec 5. (i).

III.
Lando works as a waiter in Masagana Restaurant. One day, he learned that he was
being alleged of stealing money from his employer. Lando learned that his accuser,
Mario, a co-worker, was inside the nearby convenience store. Lando went inside
the
store and started firing at Mario. A bullet entered Mario’s shoulder and passed
through his back. Upon being hit, Mario immediately ran to a room behind the
store.
Lando saw Mario escape without further pursuing him. The trial court found Lando
guilty of frustrated murder.
A. What are the stages of execution of crimes and their elements? (10
pts)
There are three stages of execution of crimes. When all the elements for its
execution and accomplishment are present, it is consummated felony, while it
is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, did not produce it because of
reason of causes independent of the will of the offender. finally, attempted
felony, this kind of felony commences the commission directly by overt act
and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own spontaneous de-
sistance.

B. Is the trial court’s ruling correct? (10 pts)

No, Lando should only be guilty of attempted murder.

Revised Penal Code art 6 par 2 provides, There is an attempt when the of-
fender commences the commission of a felony directly by overt acts, and does
not perform all the acts of execution which should produce the felony by rea-
son of some cause or accident other than his own spontaneous desistance.

Here, Lando commences the commission of felony by overt act, Lando had an
opportunity to complete the execution of a felony when he saw Mario ran to a
room behind the store, however, Lando did not further pursue Marion know-
ing his whereabout.

Therefore, Lando should be guilty of attempted murder.

IV.
On December 1, 2023, Tagle, and Pascua were the security guards on duty at Cen-
tury
Glass Center in Dagupan City. At that time, they had just finished eating and Pas-
cua
was washing dishes. Alegre, also a security guard, knocked on the gate to ask if
he2
could already report for duty. Tagle informed Alegre to report to the operations
manager and subsequently let him in.
Alegre then told Tagle that Pascua had been saying bad things about him. Tagle
cautioned him to keep quiet as Pascua was just washing dishes inside. However,
Pascua overheard their conversation and asked Alegre about what he was saying.
Alegre then started cursing at Pascua and told him that he lost his job because of
him. A heated exchange ensued between the two. Tagle tried to pacify and stop the
squabble by leading Alegre out of the premises. However, Alegre continued to
shout
and curse at Pascua, who did not back down and also shouted expletives against
AlegreAfterwards, Alegre motioned to his waist area and drew his .38 caliber gun.
Pascua then told Alegre, "wag mo akong daanin sa ganyan," but Alegre still pulled
the trigger and shot him on the neck. When Pascua dropped to the ground, Alegre
approached him, almost kneeled on top of him, and proceeded to shoot him on the
head. Pascua instantly died from the shooting.
The trial court convicted Alegre of murder.
A. What are the elements of treachery? (10 pts)

There is treachery when, the employment of means, methods or manner of ex-

ecution which would insure the offender’s safety from any defense or retalia-
tory act on the part of the offended party; and such means , method or man-
ner of execution was deliberately or consciously chosen by the offender.

B. Is the qualifying circumstance of treachery present in this case? (10

pts)

No, there is no qualifying circumstances of treachery in this case.

Law provides; There is treachery when, the employment of means, methods

or manner of execution which would insure the offender’s safety from any de-
fense or retaliatory act on the part of the offended party; and such means ,
method or manner of execution was deliberately or consciously chosen by the
offender

Here, Alegre and Pascua had a heated altercation prior to Alegre’s shooting of
Pascua. it can be said that from the facts, that Alegre doesnt have an opportu-
nity to deliberately employ a treacherous mode of attack given the present al-
tercation between him and the victim, lastly, “treachery is the employment of
mode, method or manner of execution which would insure the offender’s
safety from any defense..” Alegre knowing that he is inside of the compound
where their other workmates are present would have choose to do the killing
if he intended it in the first place, so as to put himself in a safety from any de-
fense.
Therefore, the killing of Pascua is more of a result of impulse killing brought
about by heated altercation between Alegre and Pascua. qualifying circum-
stances of treachery cannot be appreciated in this case.

V.
On March 20, 2005, Andal left his house at around 7:30 a.m. to fetch Macatangay
from the latter's hut. When Andal arrived, he saw Paña hacking Macatangay with a
two-foot long bolo. Macatangay was sleeping on the katre (bed) while he was be-
ing
hacked. Afraid of what he had just witnessed, Andal immediately ran away and
reported the incident to the authorities.
While the police officers were conducting their on-site investigation, PO3 Mancia
found Paña in a grassy lot 25 to 30 meters away from the crime scene. Paña was
lying on the ground with a bolo in his hand. When Paña saw the police officers, he
attempted to run but he was immediately apprehended.
Prosecuted for murder, the defense presented Paña and his mother as their only
witnesses. Paña interposed the defense of insanity. Soledad corroborated her son's
testimony. She testified that her son was having health problems before the alleged
incident and was quiet and uneasy most of the time.
The Regional Trial Court found Paña guilty of murder.
A. What is the three-way test to sustain the insanity defense in a criminal
case? (10pts)

There are three ways to sustain the insanity defense in a criminal case,(1) the
accused was unable to appreciate the nature and quality of the wrongfulness
of his or her acts; (2) the inability occurred at he time of the commission of the
crime; and (3) it must be as a result of a mental illness or disorder.

B. Can Paña claim exemption from criminal liability based on the defense
of insanity? (10pts)

No, Pana cannot claim exemption from criminal liability based on the defense
of insanity.

Jurisprudence provides; the insanity defense may prosper if; (1) the accused
was unable to appreciate the nature and quality of the wrongfulness of his or
her acts; (2) the inability occurred at he time of the commission of the crime;
and (3) it must be as a result of a mental illness or disorder.
In this case, Pana failed to prove his insanity, through the three test which
sustain the insanity as a defense, he also presented only two witness, himself
and his mother which they also fail to provide medical proof of his insanity, fi-
nally, if Pana was insane, he probably could have responded differently when
he saw the investigating police coming near him, this only prove that he was
able to appreciate the nature and quality of the wrongfulness of his acts.

Therefore, Pana cannot be exempted from criminal liability with insanity as

his defense.

BONUS QUESTIONS
1. Give at least 2 examples of the following:
a. Absolutory causes (2pts)
b. Alternative circumstances (2 pts)
c. Justifying circumstances (2 pts)
2. Enumerate the elements of evident premeditation as an Aggravating
circumstance (3points)3
3. Distinguish justifying circumstances from exempting circumstances. (3pts)
4. Enumerate the elements of voluntary surrender as a mitigating circumstance
(3points)
5. Distinguish mitigating circumstances from aggravating circumstances. (3 pts)