First FINAL EXAM set.

I
generality (4 exceptions) , territoriality (5 exceptions) and prospectivity (3 rules) p. 2-10 Gregorio
I
elements of defense of stranger
unlawful aggression and reasonable necessity seem to be absent, therefore, X may not avail of the
defense. There is no pari delicto in criminal law. Thus, L is not precluded from filing a criminal case for
physical injuries against X.
II
justifiying (6), exempting (7) (+instigation) + absolutory causes (5 listed in gregorio), Mitigating (10),
aggravating (21!!), alternative (3)
II
no subsidiary penalty for this guy as his sentence is higher than prision correccional (see Art 39)
III
restitituion, reparation, indemnification
no restitution or reparation if the crime is not against property (Art 104)
III
Mistake of fact. Had it been true that B was about to hack him with a long (bolo, i suppose), A would
have been justified in killing him. Self-defense may be availed of. No criminal liability.
IV
Yes, motive may be indicative of intent as when accused was losing in his business and he set fire to
his property to get the insurance. But in no case would be lack of motive alone or proof of motive alone
be sufficient to acquit (in the first case) or convict (in the second case)
It is necesary to prove motive when
there is doubt as to identity of assailant
two antangonistic theories exitst
no eyewitness to the crime
only circumstantial evidence is available
IV
gang(ed)- raped (si Sir Merin talaga)
Yes, woman is liable under Art 258 for she consented to the abortion.
Her mother is also liable under the same article.
The physician is liable under article 259.
even if done to conceal her dishonor.
V
Sec 38 of RA 9344. There is automatic suspension of the sentence so there is no need for application.
And even if judgment is rendered when he is above 18 already.
V
Generally probation may not be availed of if the accused has taken an appeal. In the case of Colinares
v. People, the SC allowed him the change to apply for probation because the trial court erred in
convicting him of a crime sentence for which would not be probationable. On appeal, it was lowered to
a crime necessarily included in the crime for which he was originally convicted and he was thus
qualifed to apply for probation.
I
estafa through negligence not possible because one of the elements is deceit and deceit cannot be
done unknowingly or negligently.
II
Yaya (dub) committed kidnapping with homicide, a special complex crime. punishable by reclusion
perpetua to death. See RA 7659 and the case of People vs. Montanir et al GR 187534 4 Apr 2011
II
crimes prescribe from the time crime is discovered. prescription is interrupted by filing of complaint or
information and shall run again when proceedings terminate without convicition or acquittal or are
unjustifiably stopped for any reason not imputable to the accused
prescription shall not run when accused is out of the country except when there is an extradition treaty
for special laws, prescription runs from day of commission of violation of law or from the discovery
thereof if the day of commission of violation be not known and the institiution of judicial proceedings
for its investigation and punishment
prescription interrupted when proceedings are instituted and runs again if proceedings are dismissed
for reasons not constituting jeopardy
III
penalty for homicide is reclusion temporal. Art 64 par 5 says that when there are two or more
mitigating circumstances and no aggravating circumstance, the penalty next lower in degree shall be
imposed. so prision mayor (in the period deemed proper)
How forgery is committed art 169

By giving treasury or bank note or any instrument payable to bearer or to order the appearance of a
true and genuine document;
By erasing substituting or altering by any means, the figures, letters, words, or signatures contained
therein
For Falsification:
Counterfeiting or imitating any handwriting, signature or rubric
Causing it to appear that persons have participated in an act or proceeding
Attributing to persons who have participated in any act or proceedings statements other than thise in
fact made by them
Making untruthful statements in a narration of facts
Altering true dates
Making alteration or intercalation in genuine document which changes its meaning
Yes, the ISLaw is applicable to criminal offenses punishable by the RPC or by special laws.
No, the court may not impose a straight penalty as his maximum is more than 1 year. A straight
penalty is imposed only if the maximum is less than one year.
limited understanding of the ISLaw here but I got it from :
A.M. No. OCA-112
December 19, 1980
IN RE JUDGE JOSE G. PAULIN of Branch III of the Court of First Instance of Surigao del Norte.
IV Hotel Alejandro BIR
the case does not fall under slander by deed (Art . rather, slander (oral defamation). so, i think the
motion to quash should be granted.
also, the audience is BIR and Bureau of Customs mismo. It does not seem as if he were announcing it
to the public for the BIR and BoC employees' ridicule
ESTAFA vs THEFT vs MALVERSATION
Theft-owner takes the thing without the owner's consent, offender acquires only physical or material
possession of the thing;
Estafa-The offender receives the thing from the offended party
the offender also acquires juridical possession of the thing and the offender misappropriates it
Malversation-usually public funds or property as opposed to the two. Offender is usually a public officer
who is acccountable for the said funds ot property, Crime is committed by appropriating, taking, or
misappropriating or consenting thru abandonment or negligence, permitting any other person to take
the public funds or property
VI
complex crime -- one act constitutes two or more grave felonies or less grave felonies or one offense is
a necessary means for committing the other
delito continuado is continuous crime -- series of acts arising from one criminal resolution; not a
complex crime;
a special complex crime -- one defined and penalized under a special law and therefore, may not
conform to the definition of a complex crime under art 48 (e.g. kidnapping with homicide which was
the crime of Yaya (Dub) in a previous question)
VI b M is liable for qualified seduction him having sexual intercourse with a 15 year old and him being
a police officer which means there is abuse of authority or confidence.
the same does not constitute rape for the minor was not forced
VII Maid who was threatened by A
I think this would qualify as robbery because there was intimidation involved and the intimidation was
for the purpose of committing the act.
Impossible crime is an act against persons or property the same was done with evil intent and its
accomplishment is inherently impossible in that the means employed is inadequate or ineffectual and
that the act performed does not constitute a violation of another provision of RPC
Penalty is arresto mayor (1month and 1 day to 6 months)
IX not sure about the three ways of committiing arbitrary detention only that a public officer employee
detains a person without legal ground.
Legal grounds for detention of persons: 1. Commission of a crime 2. violent insanity or other ailment
requiring compulsory confinement of patient in hospital
an arrest by a peace officer or by a private person is considered lawful in circumstances provided for
lawful arrest without warrant
VI the barking dog

Malicious mischief (art 327) -- causing damage to the property of another (not falling within the
preceding articles)
VI the burning house
no crime. owner is free to destroy his own property as long as he does not cause damage to others.