PART I

An agonizing and protracted trial having come to a close, the judge found A guilty beyond reasonable
doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and ONE (1) DAY
of prision mayor.

The public prosecutor objected to the sentence on the ground that the proper penalty should have
been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal.

The defense counsel chimed in, contending that application of the Indeterminate Sentence Law should
lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE (1) DAY of prision
correccional only. Who of the three is on the right track? Explain. (3%)

Answer:

None of the contention is correct because the Indeterminate Sentence Law for the crime of homicide,
which is penalized by imprisonment exceeding one (1) year and is divisible, is covered by the
indeterminate Sentence Law. The said law requires that the sentence in this case should reflect a
minimum term for purposes of parole, and a maximum term fixing the limit of the imprisonment.
Imposing a straight penalty is incorrect.

II

a. What is the crime of qualified bribery? (2%)

b. May a judge be charged and prosecuted for such felony? How about a public prosecutor? A
police officer? Explain. (5%)

Answer:

a. Qualified robbery is a crime committed by a public officer who is entrusted with law
enforcement who, in consideration of any offer, promise, gift or offer, refrains from
arresting or prosecuting an offender who has committed a crime punishable by
reclusion perpetua and/or death (Art. 211-A, RPC).
b. No, a judge may not be charged of this felony because his official duty as a public
officer is not law enforcement but the determination of cases already filed in court.

On the other hand, a public prosecutor may be prosecuted for this crime in respect of
the bribery committed, aside from dereliction of duty committed in violation of Art.
208 of the Revised Penal Code, should he refrain form prosecuting an offender who
has committed a crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise, gift or present.

Meanwhile, a police officer who refrains from arresting such offender for the same
consideration abovestated, may be prosecuted for this felony since he is a public
officer entrusted with law enforcement.
 III

May a public officer charged under Section 3(b) of Republic Act No. 3019 ["directly or indirectly
requesting or receiving any gift, present, share, percentage or benefit, for himself or for any other
person, in connection with any contract or transaction between the government and any other party,
wherein the public officer in his official capacity has to intervene under the law"] also be
simultaneously or successively charged with direct bribery under Article 210 of the Revised Penal
Code? Explain. (4%)

IV

Because of the barbarity and hideousness of the acts committed by the suspects/respondents in
cutting off their victims’ appendages, stuffing their torsos, legs, body parts into oil drums and bullet-
riddled vehicles and later on burying these oil drums, vehicles with the use of backhoes and other
earth-moving machinery, the Commission on Human Rights (CHR) investigating team recommended
to the panel of public prosecutors that all respondents be charged with violation of the "Heinous
Crimes Law." The prosecution panel agreed with the CHR. As the Chief Prosecutor tasked with
approving the filing of the Information, how will you pass upon the recommendation? Explain. (5%)

Answer:

The CHR is correct in describing the crime committed as “heinous crimes”, as defined in the
preamble of the “Henious Crimes Law” (Rep. Act No. 7659), despite the passage of Rep. Act
No. 9346 prohibiting the imposition of the death penalty.

However, the “Henious Crimes Law” does not define crimes; it is only an amendatory law
increasing the penalty for the crime specified therein as heinous, to a maximum of death.
Thus, the heinous crime committed shall be prosecuted under the penal law they are
respectively defined and penalized, such as the Revised Penal Code as the case may be. The
circumstances making the crimes heinous may be alleged as qualifying or generic
aggravating, if proper. The crime shall be designated as defined and punished under the
penal law violated and the penalty shall be reclusion perpetua without the benefit of parole,
as the case may be in lieu of the death penalty.

Arlene is engaged in the buy and sell of used garments, more popularly known as  "ukay-
ukay."  Among the items found by the police in a raid of her store in Baguio City were brand-new Louie
Feraud  blazers.

Arlene was charged with "fencing." Will the charge prosper? Why or why not? (5%)

Answer:

No, the charge of “fencing” will not prosper. “Fencing” is committed when a person, with
intent to gain foe himself or for another, deals in any manner with an article of value which
he knows or should be known to him to have been derived from the proceeds of theft or
robbery (Sec. 2, PD 1612). Thus, for a charge of fencing to prosper, it must first be
established that a theft or robbery of the article subject of the alleged “fencing” has been
committed – fact which I wanting in this case.
It should be noted that the suspect is engaged in the buy and sell of used garments, which
are in the nature of movable property carries with it a prima facie presumption of
ownership. The presumption of “fencing” arises only when the article or item involved is
the subject of a robbery or thievery (Sec. 5, PD 1612).

VI

There being probable cause to believe that certain deposits and investments in a bank are related to
an unlawful activity of smuggling by Alessandro as defined under Republic Act (RA) No. 9160, as
amended (Anti-Money Laundering Act) an application for an order to allow inquiry into his deposit was
filed with the Regional Trial Court.

After hearing the application, the court granted the application and issued a freeze order.

Pass upon the correctness of the court’s order. Explain. (3%)

Answer:

The freeze order issued by the Regional Trial Court is not correct, because jurisdiction to
issue said freeze order is now vested with the Court of Appeals under Rep. Act 9194,
amending the AntiMoney Laundering Act (Rep. Act No. 9160). The Regional Trial Court is
without jurisdiction to issue a freeze order of the money involved.

VII

A widower of ten years, septuagenarian Canuto felt that he had license to engage in voyeurism. If not
peeping into his neighbors’ rooms through his powerful single-cylinder telescope, he would trail young,
shapely damsels along the hallways of shopping malls. While going up the escalator, he stayed a step
behind a mini-skirted one, and in a moment of excitement, put his hand on her left hip and massaged
it. The damsel screamed and hollered for help. Canuto was apprehended and brought up on inquest.
What charge/s, if any, may he be held responsible for? Explain. (5%)

Answer:

Canuto may be held liable only for the milder crime of “unjust vexation” which is a form of
light coercion under Art. 287 of the Revised Penal Code. Instead of the crime of acts of
lasciviousness although the offender is known for his voyeurism.

Our Revised Penal Code inclines towards milder criminal responsibility, consistent with the
presumption of innocence under our system applying penal laws. Holding the hip of a
person is not per se lascivious but undoubtedly annoys, irritates, and vexed the young
offended party. The attitude to prosecute the offender for the milder crime of unjust
vexation may be proper considering his age and civil status.

VIII

A asked financial support from her showbiz friend B who accommodated her by issuing in her favor a
postdated check in the sum of P90,000.00. Both of 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
change the check with cash, even agreeing that the exchange be discounted at P85,000.00 with the
assurance that the check shall be funded upon maturity. Upon C’s presentment of the check for
payment on due date, it was dishonored because the account had already been closed.

What action/s may C commence against A and B to hold them to account for the loss of her
P85,000.00? Explain. (5%)

Answer:

A criminal action for violation of BP 22 may be filed against B who drew the postdated
check against a closed bank account, for value paid by C, and with knowledge at the time he
issued the check that the account thereof is already closed.

A cannot be held liable under BP 22 because he was a 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 a civil
action may be filed by C against A to recover the P85,000.00.

Although a simultaneous action for estafa is authorized by law for the issuance of a
worthless check, under the given facts, the check was discounted and thus issued in a
credit transaction for a pre-existing indebtedness. Criminal liability for estafa does not arise
when a check has been issued in payment for a pre-existing debt.

IX

Proserfina, an assistant public high school principal, acted to facilitate the release of salary
differentials and election duty per diem of classroom teachers with the agreement that they would
reimburse her for her expenses.

Did Proserfina commit a crime? Explain. (5%)

Answer:

Yes, Proserfina committed violation of Sec. 3(b) of Rep. Act No. 3019 which considers as a
corrupt practice, the act of:

“(b) Directly or indirectly requesting or receiving any gift, present, share percentage, or
benefit, for himself or for any other person, in connection with any contact or transaction
between the Government and any other party, wherein the public officer in his official
capacity ha to intervene under the law.”

Being the assistant public high school principal, it is her duty to intervene in the release of
salary differentials and per diem of classroom teachers under her. Her act of doing so, made
with a request for a share or benefit therefor constitutes graft or corrupt practices under
Sec. 3(b) of Rep. Act No. 3019.

Considering that the acts prohibited or punished under this law are mala prohibita, and thus
punishable thereunder, whether done with criminal intent or not.
 X

A, B and C are members of SFC Fraternity. While eating in a seaside restaurant, they were attacked
by X, Y and Z, members of a rival fraternity. A rumble ensued in which the abovenamed members of
the two fraternities assaulted each other in a confused and tumultuous manner resulting in the death
of A. As it cannot be ascertained who actually killed A, the members of the two fraternities who took
part in the rumble were charged for death caused in a tumultuous affray. Will the charge prosper?
Explain. (4%)

Answer:

No, the charge of death caused in a tumultuous affray will not prosper. In death caused by
tumultuous affray under Art. 251 of the Revised Penal Code, it is essential that the persons
involved did not compose groups organized for the common purpose of assaulting and
attacking each other reciprocally.

In this case, there is no tumultuous affray since the participants in the rumble belong to
organized fraternities. The killer of A, a member of SFC Fraternity could not be any other
but member of the rival fraternity. Conspiracy is therefore present among the attackers
form the rival fraternity and thus rules out the idea of an affray. The liability of the
attackers should be collective for the crime of homicide or murder as the case may be.

XI

Angelina maintains a website where visitors can give their comments on the posted pictures of the
goods she sells in her exclusive boutique. Bettina posted a comment that the red Birkin bag shown in
Angelina’s website is fake and that Angelina is known to sell counterfeit items.

Angelina wants to file a case against Bettina. She seeks your advice. What advice will you give her?
(4%)

Answer:

I will advise Angelina to file a criminal case of libel against Bettina because the imputations
made by Bettina is libelous. Whether the imputation of a defect, status or condition is real
or imaginary, if it publicly tend to discredit, dishonor or place in contempt or ridicule a
particular person who is identified, the imputation I presumed by law to be malicious and
thus penalized as libel under Art. 355 of the Revised Penal Code.

Moreover, if Bettina is engaged in similar line of trade, her statement against the goods sold
by Angelina may constitute a violation of the law on Unfair Competition (Rep. Act No.
8291).
 PART II

XII

a. Define Money Laundering. What are the three (3) stages in money laundering? (3%)

Answer:

Money Laundering is “the process of which a person conceals the existence of

unlawfully obtained money and makes it appear to have originated from lawful
sources. The intention behind such a transaction is to hide the beneficial owner of
said funds and allows criminal organizations or criminals to enjoy the proceeds of
uch criminal activities.” The three (3) stages in money laundering are:

a) Placement/infusion or the physical disposal of the criminal proceeds;

b) Layering or the separation of the criminal proceeds from their source by creating
layers of financial transactions to disguise such proceeds as legitimate and avoid the
audit trail; and

c) Integration or the provision of apparent legitimacy to the criminal proceeds.

b. What is the doctrine of pro reo? How does it relate to Article 48 of the Revised Penal Code?
(3%)

Answer:

The doctrine of pro reo advocates that penal laws and laws penal in nature are to be
construed and applied in a way lenient or liberal to the offender, constant to and
consistent with the constitutional guarantee that an accused shall be presumed
innocent until his guilt is established beyond reasonable doubt.

Following the pro reo doctrine, under Art. 48 of the Revised penal Code, crimes are
complexed and punished with a single penalty (i.e., that prescribed for the most
serious crime and to be imposed in its maximum period). The rationale being, that
the accused who commits two crimes with single criminal impulse demonstrates
lesser perversity that when the crimes are committed by different acts and several
criminal resolutions. However, Art. 48 shall be applied only when it would bring
about the imposition of a penalty lesser than the penalties if prosecuted separately
instead of being complexed.

XIII

While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid
Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was going back to
the province to marry her childhood sweetheart. Clouded by anger and jealousy, Romeo strangled
Dulcinea to death while she was sleeping in the maid’s quarters.
The following day, Romeo was found catatonic inside the maid’s quarters. He was brought to the
National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable.

Charged with murder, Romeo pleaded insanity as a defense.

a. Will Romeo’s defense prosper? Explain. (2%)

Answer:

No, Romeo‟s defense of insanity will not prosper because, even assuming that Romeo
was “insane” when diagnosed after he committed the crime, insanity as a defense to the
commission of crime must have existed and proven to be so existing at the precise
moment when the crime was being committed. The fact of the case indicate that Romeo
committed the crime with discernment.

b. What is the effect of the diagnosis of the NCMH on the case? (2%)

Answer:

The effect of the diagnosis made by NCMH is possibly a suspension of the proceedings
against Romeo and his commitment to appropriate institution for treatment until he
could already understand the proceedings.

XIV

Paul lives with his long-time girlfriend Joan in a ondominium in Makati. For more than a year, he has
been secretly saving money in an envelope under their bed to buy her an engagement ring. One day,
while Joan was cleaning their room, she found the envelope, took the money, and left Paul. As
prosecutor, what crime, if any, would you charge Joan? Explain. (3%)

Answer:

Joan may be charged for qualified theft because she took away personal property belonging
to Paul without the latter‟s consent, so obviously with intent to gain, and with grave abuse
of confidence.

But Joan may invoke as a defense Art. 332 of the Revised Penal Code, under which no
criminal liability but only civil liability shall result for the crime of theft, swindling or
malicious mischief committed by “spouses”, among other.

The reference to “theft” under the Article embraces both simple theft and qualified theft,
and the reference to “spouses” include common-law or “livein” relationship.
 XV

Suspecting that her husband of twenty years was having an affair, Leilanie hired a private investigator
to spy on him. After two weeks, the private investigator showed Leilanie a video of her husband
having sexual intercourse with another woman in a room of a five-star hotel. Based on what she saw
on the video, Leilanie accused her husband of concubinage.

Will the case of concubinage prosper? Explain. (3%)

Answer:

No, a case for concubinage will not

prosper because said crime may be committed only by a husband in three (3) ways:

1) By keeping a mistress in the conjugal dwelling; or

2) By having sexual intercourse with a woman not his wife under scandalous
circumstances; or

3) By cohabiting with a woman not his wife in any other place (Art. 334, RPC).

The facts of the case given do not constitute any of the situations above stated.

XVI

The president, treasurer, and secretary of ABC Corporation were charged with syndicated estafa under
the following Information:

That on or about the 1st week of January 2010 or subsequent thereto in Cebu City and within
the jurisdiction of this Honorable Court, the above-named accused, conspiring and
confederating together and all of them mutually helping and aiding one another in a
syndicated manner, through a corporation registered with the Securities and Exchange
Commission (SEC), with intention of carrying out the unlawful or illegal act, transaction,
enterprise or scheme, with intent to gain and by means of fraud and deceit, did then and there
wilfully, unlawfully, and feloniously defraud Virna, Lana, Deborah and several other persons by
falsely or fraudulently pretending or representing in a transaction or series of transactions,
which they made with complainants and the public in general, to the effect that they were in a
legitimate business of foreign exchange trading successively or simultaneously operating
under the name and style of ABC Corporation and DEF Management Philippines, Incorporated,
induced and 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 strength of said manifestations
and representations, the accused knowing fully well that the abovenamed corporations
registered with the SEC are not licensed nor authorized to engage in foreign exchange trading
and that such manifestations and representations to transact in foreign exchange were false
and fraudulent, that these resulted to the damage and prejudice of the complainants and
 other persons, and that the defraudation pertains to funds solicited from the public in general
by such corporations/associations.

Will the case for syndicated estafa prosper? Explain. (5%)

Answer:

No, a case for syndicated estafa will not prosper because a syndicate for such crime under
Pres. Decree 1689 must be comprised of five (5) or more persons committing the estafa or
other forms of swindling defined in Arts. 315 and 316 of the Revised Penal Code; whereas
the case given involved only three (3) accused who are alleged to have conspired in the
commission of the swindling. But because the amount defrauded exceeds P100,000.00, the
case is still under the same P.D. 1689 with a lower penalty than syndicated estafa.

XVII

A killed his wife and buried her in their backyard. He immediately went into hiding in the mountains.

Three years later, the bones of A’s wife were discovered by X, the gardener. Since X had a standing
warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the
caretaker, found the bones and reported the matter to the police.

After 15 years of hiding, A left the country but returned three years later to take care of his ailing
sibling. Six years thereafter, he< was charged with parricide but raised the defense of prescription.

a. Under the Revised Penal Code, when does the period of prescription of a crime commence to
run? (1%)

Answer:

Generally, the period of prescription of a crime commences to run from the date it
was committed; but if the crime was committed clandestinely, the period of
prescription of the crimes under the Revised Penal Code commence to run from the
day on which the crime was discovered by the offended party, the authorities or
their agents

b. When is it interrupted? (1%)

Answer:

The running of the prescriptive period of the crime is interrupted when “any kind of
investigative proceeding is instituted against the guilty person which may ultimately
lead to his prosecution.”

c. Is A’s defense tenable? Explain. (3%)

Answer:
 No, the defense of prescription of the crime is not tenable. The crime committed is
parricide which prescribes in twenty (20) years (Art. 90, RPC). It was only when the
care-taker, Z found the victim‟s bones and reported the matter to the police that the
crime is deemed legally discovered by the authorities or their agents and thus the
prescriptive period of the crime commenced to run.

When A left the country and returned only after three (3) year, the running of the
prescriptive period of the crime is interrupted and suspended because prescription
shall not run when the offender is absent from the Philippine Archipelago.

Since A had been in hiding for 15 years after the commission of the crime and the
prescriptive period started running only after 5 years from such commission when
the crime was discovered, only 10 years lapsed and 3 years thereof should be
deducted when the prescriptive period was interrupted and suspended. Hence, the 3
years.

XVIII

On her way home, Eva Marie saw an injured chow chow puppy behind a bush. Since the puppy did not
have a collar, she brought it home so she could have it as a pet. Her son in fact begged Eva Marie to
keep the puppy. The following day, Eva Marie bought a collar for the puppy and brought it to a
veterinarian for treatment.

a. Did Eva Marie incur criminal liability in bringing the puppy home as a pet? Explain. (2%)

Answer:

Yes, Eva Marie incurred criminal liability for the crime of simple theft. The puppy is
personal property which is susceptible of taking and has pecuniary value. Obviously,
she took it with intent to own it; hence, with intent to gain.

b. Did she incur civil liability? Explain. (2%)

Answer:

Eva Marie may incur civil liability if the owner of the puppy would incur a loss due to
non-restitution or return thereof to the owner. Finding any property of value, legally
regarded as lost property, would constitute theft if the finder failed to deliver the
same to the local authorities or to its owner. Once Eva Marie is found guilty of theft,
she will incur civil liability, which consists of restitution or reparation for damage
caused and indemnification for consequential damages. The general rule is: a person
who is criminally liable is also civilly liable.

XIX

Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food
on the table, Jack started hitting Jill only to apologize the following day.

A week later, the same episode occurred – Jack came home drunk and started hitting Jill.
Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral
arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to
give Jack another chance. After several days, however, Jack again came home drunk. The following
day, he was found dead.

Jill was charged with parricide but raised the defense of "battered woman syndrome."

a. Define "Battered Woman Syndrome." (2%)

Answer:

“Battered Woman Syndrome” refers to a scientifically defined pattern of

psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse

b. What are the three phases of the "Battered Woman Syndrome"? (3 %)

Answer:

The three (3) phases of the “Battered Woman Syndrome” are: (1) the tension
building phase; (2) the acute battering incident; and (3) the tranquil, loving, or non-
violent phase.

c. Would the defense prosper despite the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code? Explain. (2%)

Answer:

Yes, Section 26 of Rep. Act No. 9262 provides that victim-survivors who are found by
the courts to be suffering from battered woman syndrome do not incur any criminal
and civil liability notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.

XX

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. (3%)

Answer:

The brother‟s petition for prohibition should both be denied.

Matt‟s petition for probation shall be denied because he was convicted for drug-trafficking.
Section 24 of R.A. 9165 (Comprehensive Dangerous Drug Act of 2002) expressly provides,
“Any person convicted for drug trafficking or pushing under this Act, regardless of the
penalty imposed by the court, cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.

XXI

Because peace negotiations on the Spratlys situation had failed, the People’s Republic of China
declared war against the Philippines. Myra, a Filipina who lives with her Italian expatriate boyfriend,
discovered e-mail correspondence between him and a certain General Tung Kat Su of China.

On March 12, 2010, Myra discovered that on even date her boyfriend had sent an e-mail to General
Tung Kat Su, in which he agreed to provide vital information on the military defense of the Philippines
to the Chinese government in exchange for P1 million and his safe return to Italy. Two weeks later,
Myra decided to report the matter to the proper authorities.

Did Myra commit a crime? Explain. (3%)

Answer:

Yes, Myra committed the crime of Misprision of Treason under Art. 116 of the Revised Penal
Code, for failing to report or make known “as soon as possible” to the governor or
provincial fiscal or to the mayor or fiscal of the City where she resides, the conspiracy
between her Italian boyfriend and the Chinese General to commit treason against the
Philippine Government in time of war. She decided to report the matter to the proper
authorities only after two weeks.

XXII

Immediately after murdering Bob, Jake went to his mother to seek refuge. His mother told him to hide
in the maid’s quarters until she finds a better place for him to hide. After two days, Jake transferred to
his aunt’s house. A week later, Jake was apprehended by the police. Can Jake’s mother and aunt be
made criminally liable as accessories to the crime of murder? Explain. (3 %)

Answer:

Obviously, Jake‟s mother was aware of her son‟s having committed a felony, such that her
act of harboring and concealing him renders her liable as an accessory. But being an
ascendant to Jake, she is exempt from criminal liability by express provision of Article 20 of
the Revised Penal Code.

On the other hand, the criminal liability of Jake‟s aunt depends on her knowledge of his
commission of the felony, her act of harboring and concealing Jake would render her
criminally liable as accessory to the crime of murder; otherwise without knowledge of
Jake‟s commission of the felony, she would not be liable.
 XXIII

Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from rival
fraternities, they all carry guns wherever they go. One night, after attending a party, they boarded a
taxicab, held the driver at gunpoint and took the latter’s earnings.

a. What crime, if any, did the four commit? Enumerate the elements of the crime. (2%)

Answer:

The crime committed is robbery by a band since there were four (4) offenders acting
in concert in committing the robbery and all the four were armed.

The elements of this crime are:

1. Unlawful taking of personal property belonging to another (the earnings of the

taxi-driver);

2. Intent to gain in the taking (of the earnings which belong to the taxi-driver);

3. Violence against or intimidation of person or force upon things was employed in

the taking; and

4. There were more than three armed malefactors taking part in the commission of
the robbery

b. Would your answer be the same if they killed the driver? Explain. (2%)

Answer:

No, the crime becomes robbery with homicide and all the fraternity brothers are liable. The
existence of a band shall be appreciated only as generic aggravating circumstance. Also, if the
firearms used were unlicensed, the same would only be taken as generic aggravating
circumstance as provided by the Rep. Act No. 8294.