UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW
Baguio City

CRIMINAL LAW 2

REVIEW GUIDE FOR THE FINAL EXAMINATION

MAY 25, 2018

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1. Illegal recruitment? Enumerate the elements. 4. When is rape qualified?

(a) The offender has no valid license or authority required by (a) When the victim is under eighteen (18) years of age and the
law to enable one to lawfully engage in recruitment and offender is a parent, ascendant, step-parent, guardian,
placement of workers; and relative by consanguinity or affinity within the third civil
(b) The undertakes either any activity within the meaning of degree, or the common-law spouse of the parent of the
“recruitment and placement” defined under Article 13 (b), victim;
or any prohibited practices enumerated under Art. 34 of (b) When the victim is under the custody of the police or military
the Labor Code. authorities or any law enforcement or penal institution;
(c) When the rape is committed in full view of the spouse,
2. Ways of committing estafa involving economic sabotage. parent, any of the children or other relatives within the third
civil degree of consanguinity;
(a) Any recruitment activities, to be undertaken by non-licensees (d) When the victim is a religious engaged in legitimate religious
or non-holders of authority shall be deemed illegal and vocation or calling and is personally known to be such by the
punishable. offender before or at the time of the commission of the
(b) Illegal recruitment when committed by a syndicate or in crime;
large scale shall be considered an (e) When the victim is a child below seven (7) years old;
(f) When the offender knows that he is afflicted with the Human
3. Ways of committing rape and elements of each.
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease
By a man who shall have carnal knowledge of a woman:
and the virus or disease is transmitted to the victim;
(a) Through force threat and intimidation
(g) When committed by any member of the Armed Forces of the
(b) When the offended party is deprived of reason or
Philippines or para-military units thereof or the Philippine
otherwise unconscious
National Police or any law enforcement agency or penal
(c) By means of fraudulent machination or grave abuse of
institution, when the offender took advantage of his position
authority
to facilitate the commission of the crime;
(d) When the offended party is under 12 years of age or is
(h) When by reason or on the occasion of the rape, the victim
demented
has suffered permanent physical mutilation or disability;
(i) When the offender knew of the pregnancy of the offended
(e) By any person who shall commit an act of sexual assault
party at the time of the commission of the crime; and
by inserting his penis into another person’s mouth or anal
(j) When the offender knew of the mental disability, emotional
orifice, or any instrument or object, into the genital or
disorder and/or physical handicap of the offended party at
anal orifice of another person.
the time of the commission of the crime.

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5. Elements of sexual harassment. Elements of the offense defined in the 2nd paragraph of Sec 1:
(a) That a person has sufficient funds in or credit with the
(a) The offender is an employer (or employee of higher rank,) drawee bank when he makes or draws and issues a check
manager, supervisor, trainer, agent of the employer, teacher, (b) That he fails to keep sufficient funds or to maintain a
instructor, professor, coach or any other person with credit to cover the full amount of the check if presented
authority, influence or moral ascendancy over the victim within a period of 90 days from the date appearing
(b) The authority, influence or moral ascendancy exists in a thereon
working environment (in case of a work-related category) (c) That the check is dishonored by the drawee bank
(c) The offender, demands or requests a sexual favor from the
victim
8. Distinguish BP 22 from estafa.
6. Syndicated child pornography.
(a) Unlike estafa, element of DAMAGE is NOT REQUIRED in
The crime of child pornography is deemed committed by a BP 22
syndicate if carried out by a group of three (3) or more (b) Article 315 par 2 (d) of estafa has DECEIT as an
persons conspiring or confederating with one another and element. BP 22 does NOT require such element.
shall be punished under Section 15 (a) of this Act. (c) Also, the mere fact of postdating or issuing a check
when the drawer had no or insufficient funds in the
7. Requisites for criminal liability under BP 22 bank makes someone liable under Article 315 par 2(d)
of estafa. BP 22, 1st paragraph requires knowledge of
Elements of the offense defined in the 1st paragraph of Sec 1: insufficient funds.
(a) That a person makes or draws and issues any check
(b) That the check is made or drawn and issued to apply on 9. BP 22 as a continuing crime?
account or for value
(c) That the person who makes or draws and issues the check Violations of B.P. 22 are categorized as transitory or
knows at the time of issue that he does not have sufficient continuing crimes. A suit on the check can be filed in any of
funds in or credit with the drawee bank for the payment the places where any of the elements of the offense occurred,
of such check in full upon its presentment that is, where the check is drawn, issued, delivered or
(d) That the check is subsequently dishonored by the drawee dishonored.
bank for insufficiency of funds or credit, or
(e) would have been dishonored for the same reason had not
the drawer, without any valid reason, ordered the bank to
stop payment

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10. Elements of the crime of arson.
13. Rules for the application of the circumstances that qualify the killing to
(a) there is intentional burning; and murder.
(b) what is intentionally burned is an inhabited house or
dwelling. Both these elements have been proven in the The killing was attended by any of the following qualifying
present case. circumstances –

11. Persons liable in violation of anti-hazing law. (a) With treachery, taking advantage of superior strength, with
the aid or armed men, or employing means to weaken the
(a) The officer and members of the fraternity, sorority or organization defense, or of means or persons to insure or afford impunity;
who actually participated in the infliction of physical harm (b) In consideration of a price, reward or promise;
(b) If the hazing is held in the home of one of the officers or members of (c) By means of inundation, fire, poison, explosion, shipwreck,
the fraternity, group, or organization, the parents shall be held liable stranding of a vessel, derailment or assault upon a railroad,
as principals when they have actual knowledge of the hazing fall of an airship, by means of motor vehicles, or with the use
conducted therein but failed to take any action to prevent the same of any other means involving great waste and ruin;
from occurring. (d) On occasion of any of the calamities enumerated in the
(c) The officers, former officers, or alumni of the organization, preceding paragraph, or of an earthquake, eruption of a
group, fraternity, or sorority who actually planned the hazing volcano, destructive cyclone, epidemic, or any other public
although not present when the acts constituting the hazing were calamity;
committed (e) With evident premeditation;
(d) Officers or members of an organization, group, fraternity, or (f) With cruelty, by deliberately and inhumanly augmenting the
sorority who knowingly cooperated in carrying out the hazing by suffering of the victim, or outraging or scoffing at his person
inducing the victim to be present thereat or corpse.
(e) A fraternity or sorority's adviser who is present when the acts
constituting the hazing were committed and failed to take any action 14. Intentional/Unintentional abortion and abortion practiced by a physician or
to prevent the same from occurring practiced by the woman herself.

12. Elements of parricide. INTENTIONAL ABORTION

(a) There is a pregnant woman;
(a) A person is killed; (b) Violence is exerted, or drugs or beverages administered,
(b) The deceased is killed by the accused; or that the accused otherwise acts upon such pregnant
(c) The deceased is the father, mother, or child, whether woman;
legitimate or illegitimate; or a legitimate other ascendant or (c) As a result of the use of violence or drugs or beverages
other descendant, or the legitimate spouse, of the accused. upon her, or any other act of the accused, the fetus dies,

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 either in the womb or after having been expelled
therefrom; Frustrated Homicide
(d) The abortion is intended. (a) Intent to kill is conclusively presumed when death
resulted.
UNINTENTIONAL ABORTION (b) Evidence of intent to kill is important only in attempted or
(a) There is a pregnant woman; frustrated homicide (to differentiate it from physical
(b) Violence is used upon such pregnant woman without injuries). In such cases, intent to kill must be proved
intending an abortion; beyond reasonable doubt.
(c) The violence is intentionally exerted;
(d) As a result of the violence, the fetus dies, either in the 16. Distinctions between robbery and theft.
womb or after having been expelled therefrom.

PHYSICIAN
(a) There is a pregnant woman who has suffered an abortion;
(b) The abortion is intended;
(c) Offender, who must be a physician or midwife, caused or
assisted in causing the abortion;
(d) Said physician or midwife took advantage of his or her
scientific knowledge or skill.

WOMAN
(a) There is a pregnant woman who has suffered an abortion;
17. Presumption of fencing?
(b) The abortion is intended;
(c) Abortion is caused by -
Mere possession of any good, article, item, object, or
 The pregnant woman herself;
 Any other person, with her consent; or anything of value which has been the subject of robbery or
 Any of her parents, with her consent for the purpose of thievery shall be prima facie evidence of fencing.
concealing her dishonor.
18. Ways of committing estafa.
15. Distinctions between physical injuries and frustrated homicide.
(a) with unfaithfulness or abuse of confidence
Physical Injuries (b) by means of false pretenses or fraudulent acts
There must not be intent to kill, otherwise the crime is (c) through fraudulent means
frustrated/attempted murder or homicide as the case may be.

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19. Elements of adultery and concubinage. SIMPLE
(a) Offended party is over 12 and under 18 years of age;
Adultery (b) She is of good reputation, single or widow;
(A) The woman is married; (c) Offender has sexual intercourse with her;
(B) She has sexual intercourse with a man not her (d) It is committed by means of deceit.
husband;
(C) As regards the man with whom she has sexual 21. Elements of forcible abduction and consented abduction.
intercourse, he must know her to be married.
FORCIBLE
Concubinage a. The person abducted is any woman, regardless of her
(A) The man is married; age, civil status, or reputation;
(B) He is either – b. The abduction is against her will;
a. Keeping a mistress in the conjugal dwelling; c. The abduction is with lewd designs.
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his CONSENTED
wife; or a. Offended party is a virgin;
c. Cohabiting with a woman who is not his wife b. She is over 12 and under 18 years of age;
in any other place; c. Offender takes her away with her consent, after
(C) As regards the woman, she knows that the man is solicitation or cajolery;
married. d. The taking away is with lewd designs.

20. Elements of qualified seduction and simple seduction (d) Elements of libel.

QUALIFIED a. There must be an imputation of a crime, or of a vice or

(a) Offended party is a virgin, which is presumed if she is defect, real or imaginary, or any act, omission,
unmarried and of good reputation; condition, status, or circumstance;
(b) She is over 12 and under 18 years of age; b. The imputation must be made publicly;
(c) Offender has sexual intercourse with her; c. It must be malicious;
(d) There is abuse of authority, confidence or relationship on d. The imputation must be directed at a natural or
the part of the offender. juridical person, or one who is dead;
e. The imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.

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TITLE VIII: CRIMES AGAINST PERSONS No. Art. 247 of the Revised Penal Code is not applicable.

A. Enumerate the Crimes Against Person to apply, the offender must catch his or her spouse in the act
of committing sexual intercourse with another person. In
1. Parricide People of the Philippines v. Marciano Gonzales, the Supreme
2. Murder Court held that to avail of the privilege under Art. 247, the
3. Homicide accused should surprise his wife in the “very act of sexual
4. Death caused in a tumultuous affray intercourse”. Sexual intercourse generally presupposes the
5. Physical injuries inflicted in a tumultuous affray penetration of the man’s sexual organ into that of a woman’s.
6. Giving assistance to suicide
7. Discharge of firearms In this case, the paramour was of the same gender as the
8. Infanticide erring spouse. As such, there is legally, no sexual intercourse
9. Intentional Abortion to speak of, hence, Art. 247 is not applicable.
10. Unintentional Abortion
11. Abortion practiced by the woman herself or by her parents Is Felipa liable for adultery for having sexual relations with Alma?
12. Abortion practiced by a physician or midwife and
dispensing of abortives No. adultery is committed by any married woman who shall
13. Mutilation have sexual intercourse with a “man” not her husband, Thus,
14. Serious physical injuries Felipa in having homosexual intercourse with Alma, a
15. Administering injurious substances or beverages “woman”, is not committing adultery.
16. Less serious physical injuries
17. Slight physical injuries and maltreatment C. If the slightest penetration of the female genitalia consummates rape by
18. RAPE carnal knowledge, how does the accused commit attempted rape by carnal
knowledge?
B. Jojo and Felipa are husband and wife. Believing that his work as a lawyer is
sufficient to provide for the needs of their family, Jojo convinced Felipa to be The slightest penetration – contact with the labia – will
a stay at- home mom and care for their children. One day, Jojo arrived home consummate the rape.
earlier than usual and caught Felipa in the act of having sexual intercourse
with their female nanny, Alma, in their matrimonial bed. In a fit of rage, Jojo
retrieved his revolver from inside the bedroom cabinet and shot Alma, As long as there is an intent to effect sexual cohesion,
immediately killing her. Is Art. 247 (death or physical injuries inflicted under although unsuccessful, the crime becomes attempted
exceptional circumstances) of the Revised Penal Code (RPC) applicable in rape. However, if that intention is not proven, the
this case given that the paramour was of the same gender as the erring offender can only be convicted of acts of lasciviousness.
spouse? Is Felipa liable for adultery for having sexual relations with Alma?

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D. Why is there no crime of frustrated serious physical injuries? (a) Where intimidation or violence is employed with a
view to have carnal knowledge of a woman;
The crime of physical injuries is a crime of result because (b) Where the victim is deprived of reason or otherwise
under our laws the crime of physical injuries is based on the unconscious;
gravity of the injury sustained. So this crime is always (c) Where the rape was made possible because of
consummated, notwithstanding the opinion of Spanish fraudulent machination or abuse of authority; or
commentators like Cuello Calon, Viada, etc., that it can be (d) Where the victim is under 12 years of age, or
committed in the attempted or frustrated stage. demented, even though no intimidation nor violence is
employed.
If the act does not give rise to injuries, you will not be able to
say whether it is attempted slight physical injuries, (2) Sexual assault - committed with an instrument or an
attempted less serious physical injuries, or attempted serious object or use of the penis with penetration of mouth or
physical injuries unless the result is there. anal orifice. The offended party or the offender can
either be man or woman, that is, if a woman or a man
The reason why there is no attempted or frustrated physical uses an instrument on anal orifice of male, she or he can
injuries is because the crime of physical injuries is be liable for rape.
determined on the gravity of the injury. As long as the injury
is not there, there can be no attempted or frustrated stage (a) Where the penis is inserted into the anal or oral
thereof. orifice;
(b) Where an instrument or object is inserted into the
E. What crime is committed by a person who kills a three-day old baby? genital or oral orifice.

If the victim is three days old or above, the crime is parricide. G. Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park
But you call the crime infanticide, not parricide, if the age of with his father Tony. The child stood on a chair to be able to see the
the victim is less than three days old. performers on the stage. Juanito, a 10-year-old boy, who was also watching
the concert, could not see much of the performance on the stage because
F. What are the ways committing the crime of rape. Enumerate the elements Tonito was blocking his line of sight by standing on the chair. Using his
of each. elbow, Juanito strongly shoved Tonito to get a good view of the stage. The
shove caused Tonito to fall to the ground. Seeing this, Tony struck Juanito
(1) Traditional concept under Article 335 – carnal knowledge on the head with his hand and caused the boy to fall and to hit his head on a
with a woman against her will. The offended party is chair. Tony also wanted to strangle Juanito but the latter's aunt prevented
him from doing so. Juanito sustained a lacerated wound on the head that
always a woman and the offender is always a man.
required medical attendance for 10 days. Tony was charged with child abuse
in violation of Sec. 10(a), in relation to Sec. 3(b)(2), of R.A. No. 7610 (Child
Abuse Law) for allegedly doing an "act by deeds or words which debases,

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 degrades or demeans the intrinsic worth and dignity of a child as a human Even a man may be a victim of rape by sexual assault under
being." In his defense, Tony contended that he had no intention to maltreat par. 2 of Article 268-A of the Revised Penal Code, as
Juanito, much less to degrade his intrinsic worth and dignity as a human amended, “when the offender’s penis is inserted into his
being. Was Tony criminally liable for child abuse under R.A. No. 7610? mouth or anal orifice.”
Since the accused committed the act at the spur of the J. Angelino, a Filipino, is a transgender who underwent gender reassignment
moment, they are perpetrated without intent to debase his" and had implants in different parts of her body. She changed her name to
intrinsic worth and dignity" as a human being, or to humiliate Angelina and was a finalist in the Miss Gay International. She came back to
or embarrass him. Without such intent, the crime committed the Philippines and while she was walking outside her home, she was
is not child abuse under RA 7610 but merely slight physical abducted by Max and Razzy who took her to a house in the province. She
injuries. was then placed in a room and Razzy forced her to have sex with him at
knife's point. After the act, it dawned upon Razzy that Angelina is actually a
H. A, is the wife of B, but she and X her former friend were having an illicit male. Incensed, Razzy called Max to help him beat Angelina. The beatings
relation. One afternoon, B, unnoticed by A, followed his wife to a motel and that Angelina received eventually caused her death. What crime or crimes, if
saw her enter a room and close the door. After the lapse of some minutes, B any, were committed? Explain.
managed to get in and found A and X lying together in bed. With his knife, B
plunged at X but the latter parried the thrust and was able to wrest the Razzy is liable for kidnapping with homicide. Abducting
weapon from B and stabbed the latter to death. Prosecuted for homicide, X Angelino is not forcible abduction since the victim in this
invoked the justifying circumstance of self-defense in killing B. Rule on the crime must be a woman. Gender reassignment will not make
defense of X? him a woman within the meaning of Art. 342 of the RPC.
There is no showing, moreover, that at the time of abduction
Self-defense is not invokable because one of the essential is committed with lewd design; hence, his abduction
elements of self-defense is unlawful aggression. This is constitutes illegal detention. Since Angelino was killed in the
absent in the problem given above. The act of B is not course of the detention, the crime constitutes kidnapping and
unlawful aggression but in defense of his honor. serious illegal detention with homicide under Art. 267.
I. A, a male, takes B, another male, to a motel and there,
through threat and intimidation, succeeds in inserting his
Having sexual intercourse with Angelino is not rape through
penis into the anus of B. What, if any, is A’s criminal sexual intercourse since the victim in this crime must be a
liability? woman. This act is not rape through sexual assault either,
Razzy did not insert his penis into the anal orifice or mouth of
A shall be criminally liable for rape by committing an act of Angelino or an instrument or object into the latter’s anal
sexual assault against B, by inserting his penis into the anus orifice or genital orifice, hence this act constitutes acts of
of the latter. lasciviousness under Art. 336. Since the acts of lasciviousness
is committed by reason or on occasion of kidnapping, it will

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 be integrated into one and indivisible felony of kidnapping of or on the occasion of the robbery are integrated into one
with homicide. and indivisible felony of robbery with homicide.

Max is liable for kidnapping with homicide as an accomplice

Direct assault with attempted homicide or multiple rapes or
since he concurred in the criminal design of Razzy in
depriving Angelino his liberty and supplied the former acts of lasciviousness committed by reason or on occasion of
material aid in an efficacious way by helping him beat the robbery shall be considered shall be integrated into the
latter. special complex crime of robbery with homicide.

K. During the nationwide transport strike to protest the phase out of old public If the main objective is to commit robbery, and homicide and
utility vehicles, striking jeepney drivers Percy, Pablo, Pater and Sencio, each
armed with guns, hailed several MMDA buses then providing free transport arson are perpetrated by reason or on occasion thereof, the
to the stranded public to stop them from plying their routes. They later on crime committed is robbery with homicide while arson shall
commandeered one of the buses without allowing any of the passengers to be integrated into this special complex crime. However, by
alight, and told the driver to bring the bus to Tanay, Rizal. Upon reaching a
means of fire shall be considered as an ordinary aggravating
remote area in Tanay, Percy, Pablo, Pater and Sencio forcibly divested the
passengers of their cash and valuables. They ordered the passengers to circumstance
leave thereafter. Then, they burned the bus. When a tanod of the barangay
of the area came around to Intervene, Pater fired at him, instantly killing Robbery through kidnapping - If the accused committed
him. After Percy, Pablo, Pater and Sencio were arrested, the police
robbery, but thereafter, they detained the victims to forestall
authorities recommended them to be charged with the following crimes, to
wit: (1) carnapping; (2) robbery, (3) direct assault with homicide; (4) their capture by the police, the crime committed is robbery
kidnapping; and (5) arson. State your legal opinion on the recommendation only. Robbery absorbs kidnapping and serious illegal
of the police authorities on the criminal liabilities incurred by Percy, Pablo, detention. The detention was only incidental to the main
Pater and Sencio.
crime of robbery, and although in the course thereof women
and children were also held, that threats to kill were made,
Homicide component - In robbery with homicide, it is
the act should not be considered as a separate offense
immaterial that the victim of homicide is a bystander, a
responding police or one of the robbers. It is immaterial that L. Braulio invited Lulu, his 11-year old stepdaughter, inside the master
aside from the homicide, other crime such as rape, bedroom. He pulled out a knife and threatened her with harm unless she
intentional mutilation, or usurpation of authority, is submitted to his desires. He was touching her chest and sex organ when his
wife caught him in the act. The prosecutor is unsure whether to charge
committed by reason or on the occasion of the crime. In this
Braulio for acts of lasciviousness under Art. 336 of the RPC; for lascivious
special complex crime, all the felonies committed by reason conduct under RA 7610 (Special Protection against Child Abuse, Exploitation

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 and Discrimination Act); or for rape under Art. 266-A of the RPC. What is the in serious impairment of growth and development and in
crime committed? Explain. his permanent incapacity, constitutes maltreatment and is
punishable as Child Abuse.
The acts of Braulio of touching the chest and sex organ of
Lulu, who is under 12 years of age, are merely acts of N. H and W are married. But W has an identical twin WW. H saw WW enter a
lasciviousness and not attempted rape because intent to motel with ZZ. H, mistakenly believing that WW was his wife killed her upon
have sexual intercourse is not clearly shown. To be held surprising her having sex with ZZ in the motel room. What is the criminal
liable of attempted rape, it must be that the erectile penis is liability of H?
in the position to penetrate or the offender actually
commenced to force his penis into the victim’s sexual organ. Homicide

O. BB concealed FF’s body and the fact that he killed him by setting FF’s house
The same acts of touching the chest and sex organ of Lulu
on fire. What crime or crimes did BB commit?
under psychological coercion or influence of her stepfather,
Braulio constitutes sexual abuse under Sec. 5 (b) of RA No. Separate Crimes of Murder and Arson
7610.
P. X killed B, mistakenly believing that she was his wife, upon surprising her
M. Mrs. Z was charged of child abuse. It appears from the evidence that she having sex with another man in a motel room. What is the criminal liability of
failed to give immediately the required medical attention to her adopted X?
child, A , when he was accidentally bumped by her car, resulting in his head
injuries and impaired vision that could lead to night blindness. The accused, Homicide
according to the social worker on the case, used to whip him when he failed
to come home on time from school. Also, to punish him for carelessness in Q. Arnold, 25 years of age, was sitting on a bench in Luneta Park watching the
washing dishes, she sometimes sent him to bed without supper. She moved statue of Jose Rizal when, without his permission, Leilani, 17 years of age,
to quash the charge on the ground that there is no evidence that she sat beside him and asked for financial assistance, allegedly for payment of
maltreated her adopted child habitually. She added that the accident was her tuition fee, in exchange for sex. While they were conversing, police
caused by her driver's negligence. She did punish her ward for naughtiness operatives arrested and charged him with violation of Section l0 of RA 7610
or carelessness, but only mildly. Is her motion meritorious? (Special Protection of Children against Child Abuse, Exploitation and
Discrimination Act), accusing him of having in his company a minor, who is
NO, Z is guilty of Child Abuse under R.A. NO. 7610. Said not related to him, in a public place. It was established that Arnold was not
statute penalizes acts of child abuse whether habitual or not. in the performance of a social, moral and legal duty at that time. Is Arnold
liable for the charge? Explain.
Z’s act of whipping her adopted child when he failed to come
home on time, sending him to bed without supper for No. His inaction the moment the girls sat beside him does not
carelessness in washing dishes, and failure to immediately constitute what is provided under section 10 f RA 7610, to
give medical treatment to her injured adopted child resulting wit: Any person who shall keep or have in his company a

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 minor, twelve (12) years or under or who in ten (10) years or However, her parents drove her away. So she returned to Manila and stayed
more his junior in any public or private place, hotel, motel, with AT in his boarding house. Upon learning of her pregnancy, already in an
beer joint, discotheque, cabaret, pension house, sauna or advanced state, AT tried to persuade her to undergo an abortion, but she
massage parlor, beach and/or other tourist resort or similar refused. Because of their constant and bitter quarrels, she suffered birth
pangs and gave birth prematurely to a live baby girl while AT was at his
places. It is thus illogical to include Luneta Park to those
place of work. Upon coming home and learning what happened, he prevailed
similar places. upon A to conceal her dishonor. Hence, they placed the infant in a shoe box
and threw it into a nearby creek. However, an inquisitive neighbor saw them
R. On hearing a hospital ward patient on the next bed, shrieking in pain and and with the help of others, retrieved the infant who was already dead from
begging to die, M shut off the oxygen that was sustaining the patient, drowning. The incident was reported to the police who arrested A and AT.
resulting in his death. What crime if any did M commit? The 2 were charged with parricide under Article 246 of the Revised Penal
Code. Correct?
Murder if she deliberated on her action
The conviction for parricide was correct if the infant was
S. When is a crime deemed to have been committed by a band?
already three (3) days old or more when killed because Ana
IF there are more than three armed malefactors shall have and Oniok are the parents of the child. But if the child was
acted together in the commission of an offense. less than 3 days old when killed, the crime of both Ana and
Oniok is infanticide and they should be convicted for
T. What is the criminal liability, if any, of a pregnant woman who tried to
infanticide, not parricide.
commit suicide by poison, but she did not die and the fetus in her womb was
expelled instead?
W. A, a young housewife, and M, her paramour, conspired to kill K, her
husband, to whom she was lawfully married. R and F bought pancit and
The woman who tried to commit suicide incurs no criminal mixed it with poison. R gave the food with poison to M, but before M could
liability for the result not intended. eat it. C, his illegitimate father, and E, her legitimate son, arrived. M, C and E
shared the food in the presence of A, who merely watched them eat. M, C
U. The accused was shocked to discover his wife and their driver sleeping in the and E died because of having partaken of the poisoned food. What crime or
master’s bedroom. Outraged, the accused got his gun and killed both. Can crimes did A and M commit?
the accused claim that he killed the two under exceptional circumstances?
A committed the crime of multiple parricide for the killing of
No, since the accused did not catch them while having sexual
C. her lawful husband, D, her illegitimate father, and E, her
intercourse.
legitimate son. All these killings constitute parricide because
V. A has been a bar girl/GRO at a beer house for more than 2 years. She fell in of her relationship with the victims. B committed the crime of
love with AT, the bartender, who impregnated her. But A did not inform him murder as a co-conspirator of A in the killing of C because the
about her condition and instead, went home to Cebu to conceal her shame.
killing was carried out by means of poison. But for feloniously

Page 12 of 25
 causing the death of D and E. B committed two counts of 4. Kidnapping and failure to return a minor
homicide. The plan was only to kill C. 5. Inducing a minor to abandon his home
6. Slavery
X. J and N committed 2 counts of the complex crime of forcible abduction with 7. Exploitation of child labor
rape (Art. 342, Revised Penal Code) and the separate offense of murder 8. Services rendered under compulsion in payment of debt
against D. The crime committed is abduction because there was lewd design
when they took the victims away and subsequently raped them. The killing Crimes against security –
thereafter, constitutes the separate offense of murder qualified by treachery.
1. Abandonment of persons in danger and abandonment
Correct? Will N's minority exculpate him?
of one’s own victim
2. Abandoning a minor
N’s minority will not exculpate him it will only mitigate his
3. Abandonment of minor by person entrusted with his
penalty. (Incomplete)
custody, indifference of parents
4. Exploitation of minors
5. Trespass to dwelling
6. Other forms of trespass
7. Grave threats
8. Light threats
9. Other light threats
Y. Who are the persons liable for violation of the Anti-Hazing Law (RA 9049). 10. Grave coercion
11. Other similar coercions – (compulsory purchase of
The presence of any person during the hazing is prima facie merchandise and payment of wages by means of tokens)
evidence of participation therein as principal unless he 12. Formation, maintenance and prohibition of
prevented the commission of the acts punishable therein. The combination of capital or labor through violence or threats
offenders are not entitled to a mitigating circumstance of 13. Discovering secrets through seizure of correspondence
lack of intent to commit so grave a wrong 14. Revealing secrets with abuse of office
15. Revealing of industrial secrets
ON TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
B. Lina worked as a housemaid and yaya of the one-week old son of the
A. Enumerate the Crimes Against Personal Liberty and Security spouses John and Joana. When Lina learned that her 70-year old mother
was seriously ill, she asked John for a cash advance of P20,000.00, but
Crimes against liberty – the latter refused. In anger, Lina gagged the mouth of the child with
1. Kidnapping and serious illegal detention stockings, placed him in a box, sealed it with masking tape, and placed
2. Slight illegal detention the box in the attic. Lina then left the house and asked her friend Fely to
demand a P20,000.00 ransom for the release of the spouses' child to be
3. Unlawful arrest

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 paid within twenty-four hours. The spouses did not pay the ransom. my daughter will file a complaint against your preventing
After a couple of days, John discovered the box in the attic with his child you from taking the bar because to take the bar
already dead. According to the autopsy report, the child died of examination you must possess the good moral character
asphyxiation barely minutes after the box was sealed. What crime or as required. What is the crime committed by the father?
crimes, if any, did Lina and Fely commit? Explain.
there is no crime committed. Because the threat does not
amount a wrong.
They committed a special complex crime of kidnapping for
ransom with homicide and the penalty shall be only one D. B, a private individual, kidnapped E, a minor as B was enamored with
death penalty. When any individual, in any manner, her beauty. On the second day, B released E even before any criminal
unlawfully deprives another of his liberty, the crime is information was filed against him. At the trial of his case, B raised the
designated as kidnapping and serious illegal detention defense that he did not incur any criminal liability since he released the
under Article 267, Revised Penal Code. The penalty shall child before the lapse of the 3-day period and before criminal
be death where the crime was committed for the purpose proceedings for kidnapping were instituted. Will B’s defense prosper?
of extorting ransom. It is not necessary that the ransom
be obtained by the offender: it is enough that the crime of NO, B’s defense will not prosper because he is liable for
kidnapping and serious illegal detention be committed for Kidnapping and Serious Illegal Detention and the
the purpose of demanding ransom. Under the same Article circumstances that he released CHU before the lapse of
of the Code, the death penalty is also prescribed if the three days and before the criminal proceedings were
victim of the kidnapping dies as a result of the detention. instituted, are pertinent only when the crime committed is
However, since Paz committed only one felony, a special Slight Illegal Detention. These circumstances mitigate the
complex crime of kidnapping for ransom with homicide, liability of the offender only when the crime committed is
she should be sentenced to only one death penalty. Slight Illegal Detention. The crime committed by B was
Kidnapping and Serious Illegal Detention because he is a
C. A seduced B’s daughter who is 16 years of age and A had carnal private individual who detained and kidnapped CHU, who
knowledge with B’s daughter. A was not willing to marry her. B is a minor.
threatened to file a criminal action against him for qualified seduction,
unless he would marry her. Is B liable for grave threats? Explain. E. M, after being berated by her mother, left their house. T, who was a
neighbor of M, invited the latter to his apartment to spend the night
NO because filing a complaint against A is not wrong. But therein to which M voluntarily agreed. T led M to a room where she was
if B threatened to kill A, unless he would marry his to sleep. After leaving the room, T returned and sat on the bed,
daughter, B would be liable for grave threats, because completely naked. He then had carnal knowledge with M against her will.
what he threatened to do [to kill] was wrong. Or you are After gratifying his lust, T warned M not to tell anyone about the incident
and warned her that her mother would condemn her for sleeping at his
now taking your bar. You impregnated your girlfriend. The
apartment. M was padlocked inside the house for five days until she was
father of the young girl told you that if you don’t marry

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 rescued. Was the complex crime of serious illegal detention with rape
committed? G. The three accused forcibly took their victim from his car but the latter
succeeded in freeing himself from their grip. What crime did the three
NO, T is guilty only of rape and not of serious illegal accused commit?
detention. The original and primordial intention of T in
keeping M in his apartment was to rape her and not to The three accused committed Grave Coercion
deprive her of her liberty. Forcible abduction is absorbed
in the crime of rape if the real objective of the accused is H. When disturbance is deemed tumultuous?
to rape the victim. Hence, T is guilty only of rape under
Disturbance is deemed tumultuous if caused by more than
Article 335, paragraph 1 of the Revised Penal Code, and
3 persons who are armed or provided with means of
not of the complex crime of serious illegal detention with
violence.
rape under Article 267, in relation to Articles 335 and 48
of the Code. Although M initially agreed to stay at I. PO3 B entered the dwelling of T against the latter’s will on suspicion that
appellant’s apartment, she did so because she had T keeps unlicensed firearms in his home. What was the crime committed
nowhere to go and she believed, at that time, that she by PO3 B?
was safe with T, who was her neighbor.
The crime committed by PO3 B is Violation of Domicile.
F. A received an urgent telephone call from J, her eldest son, asking for
P2,000 to complete his semestral tuition fees preparatory to his final J. Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house
exams in Commerce. Distressed and disturbed, she borrowed money where Antonio, his wife, and three (3) daughters were residing. While
from her compadre G with the assurance to pay him within 2 months. the four were ransacking Antonio's house, Julio noticed that one of
Two months lapsed but A failed to settle her obligation. G told A that Antonio's daughters was trying to escape. He chased and caught up with
she does not have to pay the loan if she will allow her youngest 10-year her at a thicket somewhat distant from the house, but before bringing
old daughter E to work as a housemaid in his house for 2 months at her back, raped her. What crime or crimes, if any, did Pedro, Pablito,
Pl,000 a month. Despite A's objection, G insisted and brought E to his Juan and Julio commit? Explain. Suppose, after the robbery, the four
house to work as a maid. Crime committed? took turns in raping the three daughters inside the house, and, to
prevent identification, killed the whole family just before they left. What
Mang Juan committed the crime of exploitation of child crime or crimes, if any, did the four malefactors commit?
labor which is committed by any persons who under the
pretext of reimbursing himself of a debt incurred by an [a] Julio is liable for special complex crime of robbery with
ascendant, guardian or person entrusted with the custody rape since he raped the daughter of Antonio on occasion
of a minor, shall, against the latter's will, retain him in his or by reason of robbery. Even if the place of robbery is
service (Art. 273, Revised Penal Code). He can also be different from that of rape, the crime is still robbery with
liable as an employer for the employment of a minor rape since what is important is the direct connection
below 15 yrs. old, under Sec. 12, Art. 8 of RA. 7610.

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 between the two crimes. Rape was not separated by monthly visitations by M, his father. On one occasion, when M had C in
distance and time from the robbery. his company, M decided not to return C to Y. Instead, M took C with him
to the United States where he intended for them to reside permanently
Pedro, Pablito and Juan are liable for robbery by band. and make C a permanent reminder of his once mad love for B. What
crime did M commit?
There is band in this case since more than three armed
malefactors took part in the commission of robbery. Under
B committed the crime of kidnapping and failure to return
Art. 296 of the RPC, any member of a band, who is present
a minor under Article 271, in relation to Article 270, of the
at the commission of a robbery by the band, shall be
Revised Penal Code, as amended. Article 271 expressly
punished as principal of any of the assaults committed by
penalizes any parent who shall take from and deliberately
the band unless it be shown that he attempted to prevent
fail to restore his or her minor child to the parent or
the same. The assault mentioned in Art. 296 includes
guardian to whom custody of the minor has been placed.
rape. They are not liable, however, for rape under Art. 296
Since the custody of C, the minor, has been given to the
since they were not present when the victim was raped
mother and B has only the right of monthly visitation, the
and thus, they had no opportunity to prevent the same.
latter's act of taking C to the United States, to reside there
They are only liable for robbery by band.
permanently, constitutes a violation of said provisions of
law.
[b] They are liable for a special complex crime of robbery
with homicide. In this special complex crime, it is TITLE X: CRIMES AGAINST PROPERTY
immaterial that several persons are killed. It is also
immaterial that aside from the homicides, rapes are A. Enumerate the Crimes Against Property
committed by reason or on the occasion of the crime.
Since homicides are committed by or on the occasion of (1) Robbery with violence against or intimidation of persons.
the robbery, the multiple rapes shall be integrated into (2) Attempted and frustrated robbery committed under
one and indivisible felony of robbery with homicide. certain circumstances.
(3) Execution of deeds by means of violence or intimidation.
(4) Robbery in an inhabited house or public building or
K. What is the criminal liability, if any, of a private person who enters the edifice devoted to worship.
dwelling of another against the latter's will and by means of violence or (5) Robbery in an uninhabited place or in a private building.
intimidation for the purpose of preventing some harm to himself?
(6) Possession of picklocks or similar tools.
(7) Brigandage.
The private person incurs no criminal liability.
(8) Aiding and abetting a band of brigands.
L. M and B were once madly in love but are now legally separated. Their (9) Theft.
child C, a minor, was placed in the custody of Y the mother, subject to (10) Qualified theft.

Page 16 of 25
 (11) Theft of the property of the National Library and (1) private individual
National Museum. (2) a public officer who is not officially entrusted with the
(12) Occupation of real property or usurpation of real rights documents
in property.
(13) Altering boundaries or landmarks. D. Ofelia, engaged in the purchase and sale of jewelry, was charged with
(14) Fraudulent insolvency. violation of PD 1612, otherwise known as the Anti-Fencing Law, for having
(15) Swindling. been found in possession of recently stolen jewelry valued at Pl 00,000.00 at
her jewelry shop. Her defense is that she merely bought the same from
(16) Other forms of swindling.
Antonia and produced a receipt covering the sale. She presented other
(17) Swindling a minor. receipts given to her by Antonia representing previous transactions.
(18) Other deceits. Convicted of the charge, Ofelia appealed, arguing that her acquisition of the
(19) Removal, sale or pledge of mortgaged property. jewelries resulted from a legal transaction and that the prosecution failed to
(20) Destructive arson. prove that she knew or should have known that the pieces of jewelry which
(21) Other forms of arson. she bought from Antonia were proceeds of the crime of theft. What is a
(22) Arson of property of small value. "fence" under PD 1612? Is Ofelia liable under the Anti-Fencing Law? Explain.
(23) Crimes involving destruction.
(24) Burning one's own property as means to commit arson. No. Ofelia is not liable under the Anti-Fencing Law. While
(25) Setting fire to property exclusively owned by the under the said law mere possession of any good, article, item,
offender. object or anything of value which has been the subject of
(26) Malicious mischief. robbery or thievery shall be prima facie evidence of fencing,
(27) Special cases of malicious mischief. such evidence when sufficiently overturned constitutes a
(28) Damage and obstruction to means of communication. defense. In this case, Ofelia’s defense that she merely
(29) Destroying or damaging statues, public monuments or acquired the jewelries through a legitimate transaction is
paintings. sufficient. Further, there is no other circumstance as regards
the jewelries which would indicate to Ofelia, an innocent
B. Enumerate the ways of committing the crime of estafa. purchaser, that the jewelries were the subject of theft. There
was even a receipt produced by Ofelia for the transaction.
(1) with unfaithfulness or abuse of confidence
(2) by means of false pretenses or fraudulent acts E. Insulted when he was called macho by the manager of the bank where he
(3) through fraudulent means was employed as security guard, B, enraged, shot the former, who died on
the spot. As B was about to leave the bank premises, he noticed the vault
C. Removing, concealing or destroying documents to defraud another open. He entered it, forced a locked container and got the jewelry therein.
constitutes the crime of estafa. Who are liable? The prosecutor charged him with robbery with homicide. Correct?

Page 17 of 25
 No, the charge against B is incorrect. He shall be charged of they have knowledge that explosives were used in catching
two separate crimes of Homicide and Theft. The real such fish, and the accused had knowledge thereof.
intention of B was to kill the manager and not to rob the bank
G. A is the driver of B's Mercedes Benz car. When B was on a trip to Paris, A
and take the jewelry. The taking of the jewelry only came to used the car for a joy ride with C whom he is courting. Unfortunately, A met
his mind after the killing. Where the offender’s intention to an accident. Upon his return, B came to know about the unauthorized use of
take the personal property of the victim arises only as an the car and sued A for qualified theft. B alleged that A took and used the car
with intent to gain as he derived some benefit or satisfaction from its use.
afterthought and his original intent was to kill, he is guilty of
On the other hand, A argued that he has no intent of making himself the
two separate crimes of homicide or murder, as the case may owner of the car as he in fact returned it to the garage after the joy ride.
be, and theft. What crime or crimes, if any, were committed? Explain.

F. Upon a laboratory examination of the fish seized by the police and agents of The crime commited by A is carnapping. The unlawful taking
the Fisheries Commission, it was indubitably determined that the fish they of motor vehicles is now covered by the Anti-Carnapping Law
were selling were caught with the use of explosives. Accordingly, the three
vendors were criminally charged with the violation of Section 33 of P.D. 704 and not by the provisions on qualified theft or robbery. The
which makes it unlawful for any person to knowingly possess, deal in, or sell concept of carnapping is the same as that of robbery and
for profit any fish which have been illegally caught. During the trial, the three theft. Hence, rules applicable to theft or robbery are also
vendors claimed that they bought the fish from a fishing boat which they applicable to carnapping. In theft, unlawful taking should be
duly identified. The prosecution however claimed that the three vendors
should nevertheless be held liable for the offense as they were the ones understood within the Spanish concept of apoderamiento. In
caught in possession of the fish illegally caught. Did they commit a crime? order to constitute apoderamiento, the physical taking must
be coupled with the intent to appropriate the object, which
No, Mere possession of such fish without knowledge of the means intent to deprive the lawful owner of the thing,
fact that the same were caught with the use of explosives
whether permanently or temporarily. In this case A took the
does not by itself render the seller-possessor criminally liable
under P.D. 704. Although the act penalized in said Decree car without the consent of B with intent to temporarily
may be a malum prohibitum, the law punishes the deprive him of the car. Although the taking was “temporary”
possession, dealing in or selling of such fish only when and for a “joy ride”, the Supreme Court, sustains as the
“knowingly" done that the fish were caught with the use of better view that which holds that when a person, either with
explosives; hence criminal intent is essential. The claim by the object of going to a certain place, or learning how to
the fish vendors that they only bought the fish from fishing drive, or enjoying a free ride, takes possession of a vehicle
boats which they “duly identified", renders their possession
belonging to another, without the consent of its owner, he is
of such fish innocent unless the prosecution could prove that
guilty of theft because by taking possession of the personal

Page 18 of 25
 property belonging to another and using it, his intent to gain crimes did D AND P commit? Explain. Can they post bail in vase they were
is evident since he derives therefrom utility, satisfaction, apprehended. In case of conviction, what would be their penalty?
enjoyment and pleasure.
D and P committed the composite crime of Carnapping with
homicide considering that the killing "in the course or "on the
H. Two [2] Philippine National Police (PNP) officers. X and Y, on board on occasion of a carnapping. A motorcycle is included in the
motorboat with Z, a civilian as motor-man, arrested A and B who were in a definition of a "motor vehicle" also known as the 'Anti-Car
banca, for dynamite fishing. The latter's banca was towed towards the napping Act of 1972'.
municipality. On the way, the PNP motorboat was intercepted by a third
banca whose occupants, C, D, and E, tried to negotiate for the release of A J. Domingo is the caretaker of two (2) cows and two (2) horses owned by
and B and their banca. The PNP officers refused and instead shouted at C, D. Hannibal. Hannibal told Domingo to lend the cows to Tristan on the condition
and E that they are all under arrest. Thereupon, C, D, and E simultaneously that the latter will give a goat to the former when the cows are returned.
threw dynamite sticks at the PNP motorboats. The first explosion killed X. A Instead, Tristan sold the cows and pocketed the money. Due to the neglect
and B also reacted by throwing dynamite at the PNP motorboat: its explosion of Domingo, one of the horses was stolen. Knowing that he will be blamed
killed Y and Z. What crime or crimes did A, B, C, D and E commit? for the loss, Domingo slaughtered the other horse, got the meat, and sold it
to Pastor. He later reported to Hannibal that the two horses were stolen.
C, D and E are liable for the complex crime of Murder, What crime or crimes, if any, did Tristan commit? What crime or crimes, if
qualified by explosion, with direct assault for the death of X. any, were committed by Domingo? Explain.
A and B are liable for the complex crime of Murder Qualified
by explosion as to death of Y, and simple Murder qualified by Domingo is liable for qualified theft under Art. 308 of the
explosion for the death of Z. RPC. Although Tristan received the horse with the consent of
the owner, Hannibal, his possession is merely physical or de
No crime of direct assault can be filed insofar as the death of facto since the former is an employee of the latter.
Z is concerned, he being a civilian. Slaughtering the horse, which he physically possessed, and
selling its meat to Pastor shall be considered as taking
This, of course, assumes that there is no conspiracy among A, without consent of the owner with intent to gain, which
B, C, D and E, otherwise all would have the same criminal constitutes theft. Since the horse is accessible to him, the
liability as the act of one becomes the act of all. theft is qualified by the circumstance of abuse of confidence.

I. G, a tricycle driver, plied his usual route using a Honda motorcycle with a Further, Domingo committed the crime of violation of the
sidecar. One evening, D AND P rode on the sidecar, poked a knife at G and Anti-Cattle Rustling Law of 1974 (PD No. 533). Cattle rustling
instructed him to go near the bridge. Upon reaching the bridge, D alighted is the taking away by any means, method or scheme, without
from the motorcycle and suddenly stabbed G several times until he died. D the consent of the owner/raiser, of large cattle, which
and P fled from the scene taking the motorcycle with them. What crime or includes cows and horses, whether or not for profit or gain,

Page 19 of 25
 or whether committed with or without violence against or M. X draws a check upon request of Y, the payee, who told X that he would
intimidation of any person or force upon things. It includes merely show the check to his creditor to gain more time to pay his account.
the killing of large cattle, or taking its meat or hide without The check bounced upon presentation by the creditor. A case as filed against
the consent of the owner/raiser. Y as he was the one who negotiated the check contrary to the agreement.
He claims that the crime should be against X as the drawer of the check.
Rule on his argument.
K. ABC robbed Flower Bank. In order to delay the response of the police and
so that D, Flower Bank Manager could not readily ask for help of the police, Y as the one who negotiated the check contrary to the
ABC brought with them D to a certain distance but later on released him agreement
when the police are no longer in sight. What crime or crimes did ABC
commit? N. A, B, and C agreed to rob a house of its cash. A and B entered the house
while C remained outside as lookout. After getting the cash, A and B decided
to set the house on fire to destroy any evidence of their presence. What
crime or crimes did C commit?

Robbery since he only agreed to it and served as lookout.

O. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner is liable for?

Theft
L. LL and his father have a long-standing enmity. One day, irked by an
argument with his father, LL smashed the windshield of his father’s brand P. A entered the house of B. Once inside the house of B, A took and seized
new Fortuner. What crime or crimes did LL commit, if any? personal property by compulsion from B with the use of violence and force
upon things, believing himself to be the owner of the personal property so
NO crime, he is only the civil damage he caused (Incomplete) seized. What is the criminal liability of A?

A is criminally liable for robbery with violence because he

employed violence in the taking of the personal property
from B, robbery characterized by violence being graver than
ordinary robbery committed with force upon things.

Page 20 of 25
Q. I, a housemaid, broke into a pawnshop intent on stealing items of jewelry in fraudulently transactions, which they made with complainants and the public
it. She found, however, that the jewelry were in a locked chest. Unable to in general, to the effect that they were in a legitimate business of foreign
open it, she took the chest out of the shop. What crime did she commit? exchange trading successively or simultaneously operating under the name
and style of ABC corp. and DEF Management Phil. Inc., induced and
Robbery in an uninhabited place or in a private building succeeded in inducing complainants and several other persons to give and
deliver to said accused the amount of at least P20,000,000.00 on the
R. When the crime of robbery in an inhabited house or public building is strength of said manifestations and representations, the accused knowing
mitigated. fully well that the above-named corporations registered with the SEC are not
licensed nor authorize to engage in foreign exchange trading and that such
Although armed took property valued at only P200. manifestations and representation to transact in foreign exchange were false
and fraudulent, that these resulted to the damage and prejudice of the
S. R, the city treasurer of Baguio City, received from the national government complainants to funds solicited from the public in general by such
five (5) new computers for the use in the city treasurer’s office. Each corporations or associations. Will the case for syndicated estafa prosper?
computer valued at P15,000.00. Since R needed money for the
hospitalization of his sick son, he sold four (4) of the computers to his VERY No, a case for syndicated estafa will not prosper because a
CLOSE friend, O, a general merchant, for P10,000.00. O then resold the syndicate for such crime must be comprised of five (5) or
computers. Two months after the transaction, R audited and the more persons committing the estafa or other forms of
investigation led to the discovery that O bought the four (4) computers. Is O swindling defined by the Revised Penal Code; whereas
liable for violation of the Anti – Fencing Law? the case given involved only three (3) accused who are
alleged to have conspired in the commission of the swindling.
O is not liable for violation of Anti-Fencing Law. The Anti- But because the amount defrauded exceeds P100,000.00, the
Fencing Law refers only to the buy and sell of articles of value case is still under the same P.D. 1689 with a lower penalty
which are the proceeds of robbery and theft. In the case at than syndicated estafa.
bar, the computers sold to be were not obtained through
robbery. U. X stole the calf of Y. When Y inquired about his cow, X denied seeing it. The
cow was eventually found in X`s possession, but X claimed persistently that
T. The president, treasurer, and secretary of ABC corp. were charged with the cow was entrusted to him by his brother Z, such that Y had to enlist the
syndicate estafa under the following information: That on or about the 1st aid of the Barangay captain and PC soldiers to retrieve his cow. Crime?
week of January 2010 or subsequent thereto in Cebu City and within the
jurisdiction of this Honorable Court, the above-named accused, conspiring, The crime committed is Qualified Theft of large cattle. There
and confederating together and all of them mutually helping and aiding one
another in a syndicated manner, through a corporation registered with the
may be qualified theft of large cattle if such is not taken but
Securities and Exchange Commission, with intention of carrying out the is received by the offender, or where only the material
unlawful or illegal act, transaction, enterprise or scheme, with intent to gain possession thereof has been transferred, or when he
and by means of fraud and deceit, did then and there willfully, unlawfully, misappropriates it.
and feloniously defraud 1, 2 and 3 and several other persons by falsely or

Page 21 of 25
 The crime committed is cattle rustling. Cattle rustling is W. S, a tricycle driver, plied his usual route using a Honda motorcycle with a
committed by taking away by any mean, method or scheme, sidecar. One evening, R rode on the sidecar, poked a knife at S and
instructed him to go near the bridge. Upon reaching the bridge, R alighted
without the consent of the owner/raiser of any of the from the motorcycle and suddenly stabbed S several times until he was
mentioned animals in the law, whether or not for profit or dead. R fled from the scene taking the motorcycle with him. Crime?
gain, or whether committed with or without violence against
or intimidation of any person or force upon things. R committed the composite crime of Carnapping with
homicide considering that the killing "in the course or "on the
occasion of a carnapping. A motorcycle is included in the
V. A asked financial support from her showbiz friend B who accommodated her definition of a "motor vehicle" also known as the 'Anti-Car
by issuing in her favor a post-dated check in the sum of P90,000.00. Both of napping Act of 1972'.
them knew that the check would not be honored because B’s account had
just been closed. The two then approached trader C whom they asked to X. C broke open a window and, without entering the house, took a wooden
change the check with cash, even agreeing that the exchange be discounted chest lying just underneath the window. He brought out the chest to the
at P85,000.00 with the assurance that the check shall be funded upon yard where he broke it open and took away the contents thereof, all valued
maturity. Upon C’s presentment of the check for payment on due date, it at P1,000,00. He was charged with robbery with force upon things. Correct?
was dishonored because the account had already been closed. What
action/s may C commence against A and B to hold them account for the loss If only force upon things, the taking is robbery only if the
of her P85,000.00? force is used either to enter the building or to break doors,
wardrobes, chests or any other kind of locked or sealed
A criminal action for violation of BP 22 may be filed against B furniture or receptacle inside the building or to force them
who drew the postdated check against a closed bank open outside after taking the same from the building. In
account, for value paid by C, and with knowledge at the time robbery with violence against or intimidation of any person,
he issued the check that the account thereof is already the value of the personal property taken is immaterial. The
closed. A cannot be held liable under BP 22 because he was a charge is correct.
mere endorser of B’s check to C who exchanged the check in
cash. BP 22 does not apply to endorser of checks. Hence only Y. M represented to A, R, H and S that she could send them to London to work
a civil action may be filed by C against A to recover the there as sales assistants. She collected and received from them various
P85,000.00. Although a simultaneous action for estafa is amounts of money for recruitment and placement fees totaling P400,000.
authorized by law for the issuance of a worthless check, After their dates of departure were postponed several times and after they
under the given facts, the check was discounted and thus already spent for four “despedida” parties, the four prospects got suspicious
issued in a credit transaction for a pre-existing indebtedness. and went to POEA (Phil. Overseas Employment Authority). There they found
Criminal liability for estafa does not arise when a check has out that M was not authorized nor licensed to recruit workers for
employment abroad. They sought refund to no avail. Is M liable?
been issued in payment for a pre-existing debt.

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 Yes. M is guilty of a grave offense, having engaged in illegal RA 9775which punishes violator who provide a venue for the
recruitment constituting the offense of economic sabotage commission of prohibited acts.
which is punishable with life imprisonment and a fine of
P100,000.00. Economic sabotage is an offense defined in B. In 2004, S, a Filipino citizen and resident of Baguio City, and L, a West
38(b) of the Labor Code, as amended by Presidential Decree German citizen were married at St. Joseph Catholic Church, in Baguio City.
No. 2018, which is incurred when the illegal recruitment is In 2007, L returned to West Germany where he initiated a divorce
proceeding, against Socorro before a local court which, in due time,
carried out in large scale or by a syndicate. It is a large scale
promulgated in July 2009 a decree of divorce on the ground of failure of
when there are three or more aggrieved parties, individually marriage. In September 2012, L returned to the Philippines only to find out
or as group. And it is committed by a syndicate when three or that S had filed a case of legal separation against him. In December 2014, L
more persons conspire or cooperate with one another in who learned of the cohabitation of S and E, her childhood sweetheart, when
carrying out the illegal transaction, scheme or activity. he (L) was in Germany, filed a sworn complaint for adultery against S and E
with the Office of the City Fiscal of Baguio. S's counsel moved to dismiss the
Z. G, a tricycle driver, plied his usual route using a Honda motorcycle complaint on the ground that S is not liable for the offense. Resolve the
with a sidecar. One evening, D AND P rode on the sidecar, poked a motion.
knife at G and instructed him to go near the bridge. Upon reaching
the bridge, D alighted from the motorcycle and suddenly stabbed G The motion will prosper because the divorce filed in Germany
several times until he died. D and P fled from the scene taking the by L will bind them.
motorcycle with them. What crime or crimes did D AND P commit?
C. H and W are husband and wife living together in an apartment within the
D and P committed the composite crime of Carnapping with university belt. They took in S, a male student and town mate as a boarder.
homicide considering that the killing "in the course or "on the Before long Hand S fell in love with each other until H caught them in bed.
occasion of a carnapping. A motorcycle is included in the If you were the investigating fiscal, to whom H complained, that aggravating
definition of a "motor vehicle" also known as the 'Anti-Car circumstance or circumstances would you liege in the Information for
napping Act of 1972'. Adultery against Wand S? Why?

TITLE XI: CRIMES AGAINST CHASTITY The aggravating circumstance appropriate for inclusion,
abuse of confidence (i.e.,favorable position as boarder in the
A. Mr. XXX owns a boarding house where he knowingly allowed children to be house, US v. Barbacho,,12 Phil. 616). However, dwelling
videotaped while simulating explicit sexual activities. What crime or crimes should be ruled out because both are living in said house and
did XXX commit, if any? Explain. they have 'le right to stay in said dwelling
Violation of the Child Pornography Act since knowingly D. H is validly married to W. because of their indifferences, H decided to live
allowing children to be videotaped in XXX while simulating separately from W. H went abroad and meet B, a beautiful lady than W. H
explicit sexual activities is punishable under section 4(e)of and B fell in love with each other. H and B decide to get married. They
celebrated their marriage in Hongkong and their marriage was validly

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 celebrated. H together with B returns to the Philippines and both of them Article IV, Sec. 7 of Rep. Act No. 7610. The law punishes inter
lives in a condo unit as Husband and wife. What is the crime committed H? alia the act of buying and selling of a child.

CONCUBINAGE only. H cannot be held liable for bigamy B. Enumerate the elements of the crime of libel.
because the 2nd marriage was celebrated abroad not in the
Philippines. If H will be held liable for bigamy it will C. A is the president of the corporate publisher of the daily tabloid, Bulgar; B is
contravene to the territorial application of the Philippine the managing editor; and C is the author/writer. In his column, Direct Hit, C
Criminal Law. wrote about X, the head examiner of the BIR-RDO Manila as follows:

E. BA and BB had been married for more than six months. They live together "Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T
with the children of BB from her first husband. BA had sexual relationship shirt niya ay napaka suwapang na buwaya. Ang nickname niya
with C, the 14 year old daughter of BB. C loves BA very much that is why ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng taxpayer
she willingly gave in to the intercourse. What was the crime committed by at ang para sa RP ay 10% lang. Kaya ang baba ng collection ng
BA, if any? RDO niya. Masyadong magnanakaw si X at dapat tanggalin
itong bundat na bundat na buwaya na ito at napakalaki na ng
Qualified Seduction kurakot."

TITLE XII and XIII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS A, B and C were charged with libel before the RTC of Manila. The three (3)
AND CRIMES AGAINST HONOR defendants argued that the article is within the ambit of qualified privileged
communication; that there is no malice in law and in fact; and, that
A. A childless couple, A and B, wanted to have a child they could call their own. defamatory comments on the acts of public officials which are related to the
C, an unwed mother, sold her newborn baby to them. Thereafter, A and B discharge of their official duties do not constitute libel. Was the crime of libel
cause their names to be stated in the birth certificate of the child as his committed? If so, are A, B, and C all liable for the crime? Explain.
parents. This was done in connivance with the doctor who assisted in the
delivery of C. what are the criminal liabilities, if any, of the couple A and B, C Yes. The crime of libel is committed. Fair comment on acts of
and the doctor? public officers related to the discharge of their duties is a
qualified privileged communication, hence, the accused can
The couple A and B, and the doctor shall be liable for the still be held liable for libel if actual malice is shown. In fair
crime of simulation of birth, penalized under Article 347 of comment, actual malice can be established by showing that
the Revised Penal Code, as amended. The act of making it comment was made with knowledge that it was false or with
appear in the birth certificate of a child that the persons reckless disregard of whether it was false or not. Journalists
named therein are the parents of the child when 76 of 86 bear the burden of writing responsibly when practicing their
they are not really the biological parents of said child profession, even when writing about public figures or matters
constitutes the crime of simulation of birth. C, the unwed of public interest. The report made by C describing a lawyer
mother is criminally liable for "child trafficking", a violation of in the Bureau of Customs as corrupt cannot be considered as

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 “fair” and “true” since he did not do research before making G. The exchanges of highly offensive words between two quarrelling women in
his allegations, and it has been shown that these allegations the presence of a crowd of people constitute how many counts of slander?
were baseless. The articles are not “fair and true reports,”
but merely wild accusations. He has written and published Two separate counts of light slander, one for each woman
the subject articles with reckless disregard of whether the
H. S, the husband of N, informed a TV commentator, D, that his wife had
same were false or not.
complained that their youngest child who was allegedly extremely ill and on
the verge of death was denied admission at the Y Hospital because N, his
A, president of the publishing company, B, managing editor, wife, could not put up the cash deposit required by the hospital. Without
and C, writer of the defamatory articles, are all liable for libel. verifying said report, D, in his TV program, urged the closure by the
Under Art. 360 of the RPC, the publisher, and editor of authorities of Y Hospital for denying medical assistance to a dying child
newspaper, shall be responsible for the defamation contained simply because the mother could not give a cash deposit. He added that the
therein to the same extent. The law makes the publisher and said hospital even refused to accept a check. It turned out however that the
editor liable for libel as if they were the author. story was wrong. The sick child of S and N was never in a critical condition,
and there was no check involved in the incident. Subsequently, D was
D. X, a court employee, wrote the presiding judge a letter, imputing to Y, also a charged with libel. Correct?
court employee, the act of receiving an expensive gift from one of the
parties in a pending case. Because of this, Y accused X of libel. Does Y need Yes, D is liable for libel. The imputation is defamatory as it
to prove the element of malice in the case? tended to cause dishonor, discredit or contempt on the
hospital. Malice in law, is therefore, presumed. It is not true
Yes, malice is not presumed since X wrote the letter to the that the child was extremely ill and on the verge of death nor
presiding judge who has a duty to act on what it states. is it true that the hospital refused to accept a check for the
admission of the child. Without verifying the facts and urging
E. X, a tabloid columnist, wrote an article describing Y, a public official, as the closure of the hospital by the authorities for denying
stupid, corrupt, and having amassed ill-gotten wealth. X relied on a source medical admission to a dying child, the intent to cast
from Y's own office who fed him the information. Did X commit libel?
aspersion and injury to reputation and standing of the
hospital becomes manifest as it was done with reckless
Yes, since the article was libelous and inconsistent with good
disregard of whether it was false or not.
faith and reasonable care.

F. What crime is committed when a person ill-treats another by deed without

causing any injury?

The offender commits maltreatment.

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