Voluntary surrender is a mitigating circumstance in all acts and omissions

punishable under the Revised Penal Code

False, voluntary surrender may be appreciated in cases of culpable felonies and
in crimes punishable by special laws by virtue of Art 365 without considering
Art 64. Art 64 is only applicable when the penalty has 3 periods.

Distinguish a privileged mitigating circumstance from an ordinary mitigating circumstance as to

reduction of penalty and offsetting against aggravating circumstance/s.
Astooffset,OMCmeybeoffsetbyanyaggravatingcircumstances,whileitcannotbeoffsetinPMC.Astoeffect,OMC
reducesthepenaltyprovidedbylawinitsminimumperiodprovidedthatthepenaltyisdivisible,whileinPMC,itreducesthe
penaltybyoneortwodegreesthanthatprovidedbylawforthecrime.
Wenceslao and Loretta were staying in the same boarding house, occupying different rooms.
One late
evening, when everyone in the house was asleep, Wenceslao entered Lorettas room with the use of
a picklock. Then, with force and violence, Wenceslao ravished Loretta. After he had satisfied his
lust, Wenceslao stabbed Loretta to death and, before leaving the room, took her jewelry.

Discuss the applicability of the relevant aggravating circumstances of dwelling, nocturnity and the
use of the picklock to enter the room of the victim. (3%)
DwellingisaggravatingbecausethecrimeswerecommittedintheroomofLoretta,whichthelawconsidersher
dwelling.NighttimeisalsoaggravatingbecauseitwastakenadvantageofbyWensincommittingthecrimes.Whilethe
useofpicklocktoentertheroomisnotanaggravatingcircumstanceunderArt.14,buttheuseofpicklocksisequivalent
toforceuponthingsinrobberywithforce.
The use of an unlicensed firearm in homicide is considered a generic aggravating circumstance which can
be offset by an ordinary mitigating circumstance.
False,offsettingmaynottakeplacebecausetheuseofanunlicensedfirearminhomicideormurderisaspecificaggravating
circumstance.Itisnotoneofthegeneric.(Peoplevs.Avecilla)
DiscussPRINCIPALACCOMPLICEANDACCESORY
Accomplicesarethosepersonswho,notbeingaprincipal,cooperateintheexecutionofheoffensebypreviousorsimultaneous
acts(art18)
Ponciano borrowed Rubens gun, saying that he would use it to kill Freddie. Because Ruben
also resented Freddie, he readily lent his gun, but told Ponciano: "O, pagkabaril mo kay
Freddie, isauli mo kaagad, ha." Later, Ponciano killed Freddie, but used a knife because he did
not want

Freddies neighbors to hear the gunshot.

What, if any, is the liability of Ruben? Explain. (3%)
Rubens liability is that of an accomplice only because he merely cooperated in Ps determination to
kill, as in fact the crime was carried out the gun. He cannot be regarded as a co-conspirator since
he was not participant in the decision making, he merely cooperated in carrying out the plan which
was already in place.

onciano borrowed Rubens gun, saying that he would use it to kill Freddie. Because Ruben also resented
Freddie, he
readily lent his gun, but told Ponciano: "O, pagkabaril mo kay Freddie, isauli mo kaagad, ha." Later,
Ponciano killed Freddie, but used a knife because he did not want Freddies neighbors to hear the
gunshot.
Would your answer be the same if, instead of Freddie, it was Manuel, a relative of Ruben, who was
killed by Ponciano using
Rubens gun? Explain. (3%)
Yes, the answer would be the same, he lent his gun to the offender, with knowledge that the gun

would be use to commit the crime.

Distinguish an accomplice from a conspirator as to their knowledge of the criminal design of the
principal, their participation, the penalty to be imposed in relation to the penalty for the principal, and
the requisites/elements to be established by the prosecution in order to hold them criminally responsible
for their respective roles in the commission of the crime. (5%)
Distinguish between an accomplice and a conspirator. (10%)
Aconspiratorknowandjoininthecriminaldesign,theyknowthecriminalintentionbecausetheydecideduponsuchcourseofaction,
theyareauthorsofthecrimeanddecidedthatthecrimeshouldbecommitted.Accomplicesknowandagreewiththecriminaldesign,
thecometoknowitaftertheprincipalshavereachedthedecisionandonlythentheyagreetocooperateinitsexecution,theyare
merelyinstrumentswhoperformactsnotessentialtotheperpetrationoftheoffense.Whileaccessoriesarethose(1)having
knowledgeofthecommissionofthecrime;(2)withouthavingparticipatedtherein,eitherprincipalsoraccomplices;(3)takepart
susbsequenttoitscommissioninanyofthemannersprovidedbythePRC
Roberto bought a Toyota Fortuner
from Iigo for P500,000. While driving his newly-bought car, Roberto met a minor accident that
made the examination of his vehicle's Registration Certificate necessary. When the policeman
checked the plate, chassis and motor numbers of the vehicle against those reflected in the
Registration Certificate, he found the chassis and motor
numbers to be different from what the Registration Certificate stated. The Deed of Sale covering the

sale of the Fortuner, signed by Iigo, also bore the same chassis and motor numbers as Roberto's
Registration Certificate. The chassis and motor numbers on the Fortuner were found, upon
verification with the Land Transportation Office, to correspond to a
vehicle previously reported as carnapped.
Roberto claimed that he was in good faith; Iigo sold him a carnapped vehicle and he did not know
that he was buying a carnapped vehicle.
If you were the prosecutor, would you or would you not charge Roberto with a crime? (7%
IwillchargehimwithviolationofAntifencinglaw.Theelementsare:
1. Robberyofthefthasbeencommitted
2. Theaccused,whotooknopartintherobberyoftheft,buys,receives,possesses,keeps,acquiresandconcelsoriinanymanner
dealsinanyarticleortakenobject.
3. Theaccusedknowsorshouldhaveknownthatthethingwasderivedformthatcrime
4. Bythedealhemade,heintentstogainforhimselforforanother.
Here,hedidnottakepartofthecrime,shouldhaveknownbecauseitwasnotproperlydocumented,hedidnotmakeeffort